07-18-2006 (Planning & Zoning) Agenda Packet Planning & Zoning
Commission
. 0
I .
CITY OF WYLIE
July 18, 2006
Regular Business Meeting
7A/ Wylie Planning & Zoning Commission
CITY OF WYLIE
NOTICE OF MEETING
Regular Meeting Agenda
Tuesday, July 18, 2006 —7:00 pm
Wylie Municipal Complex—Council Chambers
2000 Highway 78 North
Dennis Larson Chair
Joel Hemphill Board Member
Tim Bennett Board Member
Jamie Gregg Board Member
John Onufreczuk Board Member
David Goss Board Member
Scott Ames Vice-Chair
Mindy Manson Assistant City Manager/ Planning Director
Renae 011ie Assistant City Planner
Mary Bradley Secretary
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: wwwit t lielexas.gov within the
required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website:
www.wvlietexasgoy.
The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must provide their name
and address. Council requests that comments be limited to three (3) minutes. In addition, the Commissioners are not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
CONSENT AGENDA
A. Consider and act upon approval of the Minutes from the July 5,2006 Regular Meeting.
ruly 18,2006 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2
REGULAR AGENDA
Action Agenda
1. Consider and act upon approval of a Site Plan for a proposed 6,000 square foot office/warehouse
development on Lot 12, Block A of the Hooper Business Park Addition, located at 206 Security
Court.
2. Consider and act upon approval of a Site Plan for a proposed 7,300 square foot retail
development on a single lot, generally located north of FM 544 and west of FM 1378 (Country
Club Dr.).
3. Consider a recommendation to the City Council regarding a Final Plat for A & W Properties
Addition No. 2, generally located north of FM 544 and west of FM 1378 (Country Club Dr.), and
being more specifically described as a tract of land situated in the Moses Sparks Survey, A-849,
City of Wylie, Collin County, Texas, and being the remainder of that same tract of land
described in deed as Second Tract to Ida Pearl Scholz et al, recorded in Volume 2957, Page 575
of the Deed Records of Collin County, Texas.
Public Hearing
1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change to the
Official Zoning Map from Business Center and Industrial Zoning Districts to Commercial Corridor,
Light Industrial and Heavy Industrial Districts that it may conform to the newly adopted zoning
regulations.
2. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment
to the Ordinance establishing regulations governing the sale of alcoholic beverages.
WORKSESSION
ADJOURNMENT
CERTIFICATION
I certlfr that this Notice of Meeting was posted on this 14 da1Q July, 2006 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code an4 h t to i ,fbpriate news media was contacted As a courtesy, this
agenda is also posted on the City of Wylie website: w atexo •o
•
E SEAL
;,(
ie! !!P : = -7\ ()Ut
Ca ole Ehrlich,City Secretary
Date Notice Removed
////111111111‘���`
Wylie Planning and Zoning
Board
CITY OF WYLIE
Minutes
Wylie Planning & Zoning Board
Tuesday, July 5, 2006 — 7:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
CALL TO ORDER
Chairman Larson called the meeting to order at 7:02PM. Present besides Chairman
Larson were, Commissioner Ames, Commissioner Gregg, Commissioner Onufreczuk,
Commissioner Bennett, Commissioner Hemphill and Commissioner Goss.
Staff members present were Renae 011ie, Mindy Manson, and Mary Bradley.
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Hemphill gave the invocation and Commissioner Ames led the pledge of
allegiance.
WELCOME NEW PLANNING AND ZONING COMMISSIONERS
Chairman Larson, Commissioner Gregg, Commissioner Hemphill, and Commissioner
Bennett welcomed Tim Bennett, David Goss, and John Onufreczuk to the Commission.
ELECTION OF OFFICERS
A vote was polled and a motion was made by Commissioner Hemphill, and seconded
by Commissioner Goss, to appoint Dennis Larson as Chair person and Scott Ames as
Vice-Chair. Motion carried 7 — 0.
CITIZENS COMMENTS
No one approached the Commission.
Minutes July 5, 2006
Wylie Planning and Zoning Board
Page 1 of 4
CONSENT ITEMS
1. Consider and act upon approval of the Minutes from the June 20,
2006 Regular Meeting.
A motion was made by Commissioner Gregg, and seconded by Commissioner Ames, to
approve the minutes from June 20, 2006, regular meeting. Motion passed
3 — 0, with Commissioner Hemphill, Commissioner Bennett, Commissioner Onufreczuk,
and Commissioner Goss abstaining.
PUBLIC HEARING
1. Hold a Public Hearing and consider a recommendation to the City
Council regarding a change in zoning from Agriculture (A) to
Planned Development (PD) District to allow for single-family
residential uses of varied densities, generally located south of
Stone Road and west of FM 544. ZC 2006-11
Ms. 011ie stated that the subject property is located south of Stone Road and west of FM
544. The applicant is requesting to rezone 61.28 acres to allow for single family
residential uses of varied densities. This zoning case is subject to final acceptance of
the annexation. A Development Agreement shall be put in place to schedule the
construction of Alanis Boulevard.
The Twin Lakes subdivision borders to the west of the subject property, properties to
the north are within unincorporated Collin County and developed as the Twin Oaks
Addition, and the properties to the south is platted as the Braddock Place Addition, but
not developed. Each of these consists of single family residential uses of varied
densities varying from 7,500 square feet to 20,000 square feet and to one acre or
larger.
The Conditions of the Planned Development include a lot mix consisting of a minimum
of 25 percent being in excess of 20,000 square feet or greater. No lot within the
subdivision shall be less than 18,000 square feet. The minimum dwelling size shall be
2,600 square feet. Alleys shall not be required for this development. The maximum
number of single family dwelling units permitted shall be 98 single family units.
The Concept Plan dedicates 1.5 acres of Park land to the City. All Parkland dedication
and/or fees must have Park Board approval. A Homeowners Association shall be
established.
Twenty-Nine (29) notifications were mailed, with no written responses returned at the
time of posting.
Mr. Tim Coltart, Skorburg Company, 3838 Oak Lawn Avenue, Suite 1212, Dallas,
Texas, represented the applicant for the subject property, made a presentation to the
Commissioners and stated that the lot density for the subject property is 1.59 units per
acre. The PD proposes screening along both sides of Alanis Drive and FM 544. The
PD dedicates all the right-of-way to Alanis Drive without any eminent domain, and
Minutes July 5, 2006
Wylie Planning and Zoning Board
Page 2 of 4
allows us to manage the construction of Alanis Drive, which will help save money for the
City and the citizens.
The interior roads will be open ditch with a 26 foot pavement section and a 60 foot
Right-of-way. Commissioners discussed in length the open ditch proposal versus the
curb/gutter paved wider roadway. Ms. Manson reminded the Commissioners the roads
will be determined at the time of Platting and not per se at the Zoning.
Commissioners discussed in length the berm and landscaping which will be located
along both sides of Alanis Drive, but no fencing proposed. After the discussion, Mr.
Coltart agreed to any fence located in the rear yard of a lot adjoining the Alanis Drive
shall be Tubular Steel with Black powder coating, and the berm will be undulating and
irrigated.
Commissioners discussed in length the Concept Plan proposing no sidewalks. Mr.
Coltart stated that the development proposes rural nature, and a sidewalk takes away
the rural feeling. Jed Dolson, Engineer with Skorburg Company, stated that if the
Commissioners agree in the PD Conditions, Section V, number 6 will be deleted.
Commissioner Bennett expressed opposition in the exclusion of required park land. Mr.
Dolson stated that 61-acre is cumbersome and number of lots would be lost. Mr. Coltart
stated that a number of meetings with surrounding land owners preferred larger lots
without a park, which present rural intent.
Chairman Larson opened the Public Hearing.
Mr. Tommy Pulliam, 1440 E FM 544, adjacent property owner of the subject property,
spoke in opposition of the layout of Alanis Drive, stating that the screening along Alanis
stops before his property and spoke against the size of the houses.
Mr. Marvin Fuller, 355 Donna, property owner of land across from the subject property,
spoke in opposition of the width of the interior roads and spoke against the alignment of
Alanis with the berm not going all the way to FM 544.
Chairman Larson closed the Public Hearing.
After much discussion with the Commissioners and Mr. Coltart and Mr. Dolson
regarding the berm landscape along Alanis Drive, and Mr. Coltart and Mr. Dolson
agreed to delete Section VII and Section X from the PD Conditions, and that the berm
will continue from Alanis Drive to FM 544, including realigning Alanis Drive to FM 544 to
where screening will be between existing property and Alanis Drive. Furthermore, the
Commissioners recommended that the house sizes be amended to state that all one-
story houses will be minimum 2,600 square feet and the minimum for two-story houses
will be 3,000 square feet, which Mr. Coltart and Mr. Dolson agreed.
Commissioner Bennett stated that too much variance from the current Zoning
Ordinance and recommended that the side yard on Corner lot be revised from 15 feet to
25 feet for Lot Type A and Type B. Mr. Coltart and Mr. Dolson were in agreement of
amending Section IV, number 9 to state 25 feet for the minimum permitted side yard
setbacks adjacent to a street.
Minutes July 5, 2006
Wylie Planning and Zoning Board
Page 3 of 4
Commissioner Bennett also stated that during the presentation from Mr. Coltart the
number of Single Family Units would not exceed 98, but the PD Conditions state the
maximum number as 100. Mr. Coltart stated that the maximum number of Single
Family units should be 98.
Commissioner Hemphill made a motion to approve the request for change in zoning
from Agriculture (A) to Planned Development (PD) District to allow for single-family
residential uses of varied densities to City Council with the following revisions to the PD
Conditions; Section IV, i, 1 state the maximum number of Single Family Dwelling units
shall not exceed 98 Single Family Units; Section IV, ii, number 6, The minimum
permitted square footage for a one-story house is 2,600 square feet and the minimum
permitted for a two-story house is 3,000 square feet; number 9 The minimum permitted
side yard setback adjacent to a street shall be 25 feet for Lots Type A and Lots Type B;
Section V, number 2, Developer will construct a 5 foot in height landscaped earthen
berm with 3:1 slope in the rear of lots adjacent to Alanis Boulevard and FM 544,
including realigning Alanis Boulevard to have screening between existing property all
the way to FM 544, and any fence located in the rear yard of a lot adjoining the Alanis
Drive shall be Tubular Steel with Black powder coating, and the berm will be undulating
and irrigated. Delete the following from the PD Conditions; Section V, number 6;
Section VII, and Section X. Motion seconded by Commissioner Onufreiczuk and
carried 6 — 1 with Commissioner Goss in opposition.
ADJOURNMENT
A motion was made by Commissioner Gregg, and seconded by Commissioner Ames, to
adjourn the meeting at 8:50PM. Motion carried 7 — 0.
Dennis Larson, Chairman
ATTEST:
Mary Bradley, Secretary
Minutes July 5, 2006
Wylie Planning and Zoning Board
Page 4 of 4
Wylie Planning and Zoning
_Mt Commission
CITY OF WYLIE
gir AGENDA REPORT
Meeting Date: July 18, 2006 Item Number: 1
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: 07/11/06 Budgeted Amount: $
Exhibits: Site Plan, Elevation
Subject
Consider and act upon approval of a Site Plan for a proposed 6,000 square foot office/warehouse development
on Lot 12, Block A of the Hooper Business Park Addition, located at 206 Security Court.
Recommendation
Motion to approve a Site Plan for a proposed 6,000 square foot office/warehouse development on Lot 12, Block
A of the Hooper Business Park Addition, located at 206 Security Court.
Discussion
The applicant is proposing to develop a single story office warehouse building on one lot. The lot is .57 acres in size.
The proposed building totals 6,000 square feet and will include 1,000 square feet of office space and 5,000 square
feet dedicated to warehouse use.
The subject property is platted as Lot 12, Block A of the Hooper Business Park Addition, and has been since 1990.
The property is currently zoned Business Center (BC) District. Office/Warehouse is a permitted use within the
BC District.
The proposed building will be constructed primarily of face brick with stone accents. The proposed plan meets
the base design standards and includes a tabulation of how the desirable design standards will be met.
Approved By
Initial Date
Department Director
City Manager
Page 1 of 1
INSPECTION NOTES:
1)ALL INSPECTIONS MUST BE REQUESTED THROUGH THE
CITY OF WYLIE'S AUTOMATED TELEPHONE SYSTEM
LOT 1 / / -� 2 442-8149(REQUESTS D BEFORE SCHEDULED FOR THESAMEBUIN SS DAY)CAN
BE
/ 2)INSPECTIONS
THE SR.INSPECTOR(DUETO WEATHERANCELED 0 THE CONDITIONS)ON
OF
/ OR BY CONTRACTOR(DUE TO PREVIOUS CONDITIONS) ONLY DRAWINGS STAMPED"RELEASED FOR
co[0 ALL CANCELED INSPECTIONS MUST BE RECALLED. CONSTRUCTION"BY THE CITY OF WYLIE
SI Y-\-Rav'• 3)ANY QUESTIONS CAN BE ADDRESSED BY CONTACTING TO BE USED FOR CONSTRUCTION. V
6a / THE APPROPRIATE DEPARTMENT BETWEEN 8AM-9AM OR Q Z
1 4PM-5PM(LEAVE MESSAGE,IF NO ANSWER) 20 10 0 20 -o
BUILDING/ELECTRICAL: I I Uj
/ CITY OF WYLIE DESIGN REQUIREMENTS 1" 20' n
w H M PLUMBING/MECHANICAL: SITE DESIGN REQUIREMENTS (4 Required) p r B
Z z o
Building Placement: a.Building at front yard line 5 I(V
/ SR.BUILDING INSPECTOR: b.Individual Building<10,000 sf Z Q N c
77,
/ c.Front fagade oriented to the street R� LIJ C�N
Parking Placement b.Site Plan with no parking in front of building o STEEL RD. z 0 w o
> C� W Y
Access Drives a.Combined access points w/adjacent tracts. z CAPITAL ST. SITE Nw
b.Direct connection between buildings and street w a i
i g o J
/ HEN ILEY LN. D Q r
w
Architectural Design Requirements(3 Required) EXCHANGE ST.o (/)N�
Z w
Building Materials a.Use of 2 primary fagade materials O.
b.Copy same style entire block U 3
I- Building Articulation, b.Use of Architectural detailing/materials to provide O
IX Form and Massing variety in visual appearance. Z
0 0
o Landscaping Design Requirements(4 Required) M
~o Landscaping in Req'd Yards a.Landscaping that exceeds minimum by 10%
° LOCATION MAP
LOT 13,BLOCK A glLandscaping of Parking Lot b.No Parking Space>40 ft.from L/S area NOT TO SCALE a
c.Landscaped Pedestrian Connection
HOOPER BUSINESS PARK Landscaping of Street b.Increase in minimum width of L/S buffer by 20%
Frontages
EXISTING SEWER LATERAL BAWcur TILL DEPTH&
DETERMINE LOCATION OURB&OUTO7t
o a o oo' IN FIELD NOTE: 9"-15"
BLDG,. BLDG.
TIE N 88.13'15"W 165.0' TIE ALL WORK IN PUBLIC RIGHT-OF-WAY NEGATED SMOOTH/S DOWEL BAR
LS I SHALL CONFORM TO CITY OF WYLIE rum-,w NOT POURED RUBBER
LS 2 00' STANDARDS AND DETAILS �°UT 3/8(IN) JOINT SEAL NG COMPOUND
TOP 1 4
PROPOSED
—20.0' 25.0'— BDC SITE DATA FOR NOTE: oMPWNDG�
SARGENT ADDITION: ALL PRIVATE DETAILS ARE SUPERSEDED v<T
(3)1O'X2O' F PROPOSED E%IBnNG
PARKING�1 ° BY STANDARD CITY DETAILS.ALL WORK MUST - PAVEMENT: PAVEMEN1 a
o SIDEWALK CONFORM TO CITY OF WYLIE STANDARDS. ��� ����� ��
LOT AREA: .•of WOil 0.57 Acres,24,630 Sq.ft. 3/8.RAOws 6' 2'RADIUS
DOW¢sPAOED ON
a PROP.BLDG �� :3 BAT ER N O 18"OC _ 1'CENTERS BOTH WAYS,
111 T=THICKNE85 8'OFF 71E BARB.
6,000 SF L PROPOSED USE: - 8O7HWA15 aFPAVEMENr
LOT 14,BLOCK A CONC.PAVING: (ONE STORY) _ i Rz NOTES:
o Office/Warehouse
HOOPER BUSINESS PARK 5"3000 PSI I : . Z 1 TIICKNES4 SMOOTH DOWEL BAR MAY BE USED IN b AND 8"PAVEMENT
N 2 LONGITUDINAL BUTT CONSTRUCTION MAY BE UTILIZED IN PLACE OF
#3 0 18"D.C.E.W. LONGITUDINAL HINGED(IQ:YWA11 IV
rCONTRACTIXtS OPTION.)
� � LOT COVERAGE: 3.DowEL BARS SHALL BE DPo INTO AVDAENT HOPoZONTALLY BY USE
m 24.36% 1' of MECHANICAL PoG
� A -DPoWNG BY HAND IS NOT ACrFPTAq F1
(2 10'x20' O /3 COMPACTED -PUSHING DOWEL BARS INTO GREEN CONCRETE IS NOT ACCFPTARIFI
) �„ 100.0' / FLOOR TO AREA RATIO: asoo Ps BOT°H"w1nYs°C SUBGRADE
PARKING
4.1r INTEGRAL CURB LONGITUDINAL BUTT JOINT
L N.T.S. /f\ Y
BUILDING AREA: 3 N.T.S. 0
TRASH ENCLOSURE I FIRELANE: z 2 m o . 6,000 sq.ft. a z Q
W/6'MASONRY \ I 6"3600 PSI oo.C om ' 18
oC (Office=1,000) W 5/18"vnce x 1/4 DEPTH\\sEAUNc COMPOUND Q N
1 T 6"THICK 3600 PSI CONC. VERTICAL SAwon
OUT HOT POURED RUBBER JOINT
W //3 O 18"O.C.EW.
SCREENING WALL, #3 0 18"O.C.E.W. NN IJ z (Warehouse=5,000)
&METAL GATES. 1E PAVING DETAIL 1 r J (n w
I -.1— R 5.0 N HOT POURm RUB ER JOINT
BUILDING HEIGHT: N.T.S. SAWED GR.'E I'I/ 1 ~N a~
_ SEALING COMPOU D 1'MIN. F� �_ w
R5.0'� 14'(one story) SECOND POURERWMBEIEll m D Z Y I-
0 0 0 \ U.._,
a o HC �A ° REMOVE CURB& BUILDING SETBACKS: .-L ° �3 BARB a„e O
0
10'0 A TIE APPROACH TO \ FRONT: 20' i3 BARS ON 18" I •LAP BARS 30aDIA&TIE CTRS BOTH WAYS, CD M
(4)10'x20'�- -' STREET(PER CITY (6 NOTE)WAYS SAWED CONSTRUCTION JOINT Z UJ UJ z
W�I LS PRKING _ 50 0' O 0'� REQUIREMENTS) \ IMPERVIOUS AREA(including buildings): CONSTRUCTION JOINT N.r.S. W~C N o
LOT 15,BLOCK A 0
14,771 Sq.ft. N.T.S. U
HOOPER BUSINESS PARK o a CONSTRUCTION JOINTS NOTE: O w
O 15.0' ::::
vi
- (BC)NOTE: _ _ _ _ NOTE:CTOR SHALL BE : PRIOR TO THE BEGINNING OF ANY CONSTRUCTION (HAND POUR),REINFORCED WITH#3 STEEL
RESPONSIBLE FOR FIELD VERIFYING 5 88°73'15"E 145.0 H Parking Required=9 OR CONSTRUCTION STAKING,IT SHALL BE THE BARS ON 18"OFF CENTERS BOTH WAYS;(OR
THE LOCATION OF ALL EXISTING Office(1 space/300 Sq.ft.)=4 CONTRACTORS RESPONSIBILITY TO CONTACT THE #4 STEEL BARS ON 24"OFF CENTERS BOTH
Warehouse(1 spaced=1 sq.ft.)=5
Handicapped Provided=1 CIVIL ENGINEER TO ENSURE THAT ALL PARTIES ARE WAYS)UNLESS OTHERWISE NOTED.
UTILITIES AND EASEMENTS PRIOR / IN POSSESSION OF THE MOST CURRENT SET OF 2. ALL FILL AND LIME SUBGRADE SHALL BE TO START OF OPERATIONS. CONSTRUCTION DOCUMENTS. PLACED ON 8"LIFTS AND COMPACTED TO
CONTRACTOR WILL NOTIFY THE THIS PROPERTY LIES IN ZONE BC \ / Total Provided=9 95%OF STD.PROCTOR MOISTURE RANGE
OWNER'S REPRESENTATIVE OF ANY AND NO PORTION LIES IN 100 YR.FEMA FLOOD PLAIN AREA LANDSCAPE: OF 0%TO+6%OF OPTIMUM MOISTURE.
DISCREPANCIES PRIOR TO STARTING 3.NO SAND SHALL BE USED UNDER PAVEMENT.
THE WORK.EXISTING UTILITIES AND LOT 11,BLOCK A Landscape Area Required: 2,463 sq.ft.(10%of 24,630 sq.ft.)
UNDERGROUND FACILITIES INDICATED HOOPER BUSINESS PARK Landscape Area Provided:9,859 sq.ft. FIRELANE
ON THESE PLANS HAVE BEEN 6"THICK,3600 psi,w/#3 BARS 018"O.C.
LOCATED FROM REFERENCE NON-FIRELANE PAVING Q
INFORMATION.IT SHALL BE THE 5"THICK,3000 psi,w/#3 BARS 0 18"O.C.
RESPONSIBILITY OF THE METAL ROOFING
CONTRACTOR TO VERIFY BOTH THE CONT.GUTTER
.y m rva 05n n n n nn nn�rva 05n n n n n nry nn nn �.�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,,,,,,..,,,,,,,,,,.,,,,,,,,,,,,,.,,,,,,,,,,,m,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,,.,,,,,,,,,,,,.,, ,,,,.,,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,,.,,,,.
9nu6 Env 99 9 9 1��8,9 4 n a 9 9 91 ---- ------ --------- --- - __ ------------------------------ Date 7/10/06
HORIZONTAL AN VERTICAL =_======== _==============-_==-============__=_==============================_-=======================_
F A XI TIN ------------------- ---------  __ =___________=_______=_- ______=_
LOCATION0 LL EXISTING G FACE BRICK ---------------------- --------- ----------- - --- ------------------------ ----------- --------- FACE BRICK
C CJ CJ CJ ', CJ CJ CJ CJ C,. CJ CJ coCJ CJ - � --------------------- --------- ---------- --- _------------------------ ----------- --------= Project No.
UTILITIES AND UNDERGROUND .:¢. ¢ _______=_______=_______=_____________==__ ______=_______=_______=_______=_____=_______=_______=_______=__ DOWNSPOUT W/
FACILITIESPRIOR T TART F - ______=__- I �____ _ _ _ _ _ SPLASH BLOCK Sheet Title
CONSTRUCTION.TAKE THE
STONE®PERIMETER -================================-t I==='
OF OPENINGS TYP =============I ,==== I
NECESSARY PRECAUTIONS N ORDER ___=_______=__________=
STONE STONE :� =__=_______=_______----- ___- __- I SITE PLAN
TO PROTECT ALL FACILITIES �.. .,., � ========= b. = 1==== .,-==================== 1================================r
ENCOUNTERED.THE CONTRACTOR "- - OWNER:
Sheet Number
SHALL PRESERVE AND PROTECT 3x3 DECRETIVE
ALL EXISTING UTILITIES FROM STONE MIKE SARGENT
FRONT ELEVATION SIDE ELEVATION Po BOX 310 C101
DAMAGE DURING CONSTRUCTION.
SCALE: 1"=10' SCALE: 1"=10' LAVON,TEXAS 75166 < Sequence of
214-802-3188
1
Wylie Planning and Zoning
_Ittt Commission
CITY OF WYLIE
gir AGENDA REPORT
Meeting Date: July 18, 2006 Item Number: 2
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: 07/13/06 Budgeted Amount: $
Exhibits: Site Plan
Subject
Consider and act upon approval of a Site Plan for a proposed 7,300 square foot retail development on a single
lot, generally located north of FM 544 and west of FM 1378 (Country Club Dr.).
Recommendation
Motion to approve a Site Plan for a proposed 7,300 square foot retail development on a single lot, generally
located north of FM 544 and west of FM 1378 (Country Club Dr.). Pending ZBOA approval of request for rear
setback variance to be considered on 7/17/06.
Discussion
The applicant is proposing to develop a single story retail building on one lot. The lot is .587 acres in size. The
proposed building totals 7,300 square feet.
The subject property has never been platted. The property is currently zoned Commercial Corridor (CC) District.
Retail is a permitted use within the CC District.
The development will meet all the base standards of the Zoning Ordinance and includes a tabulation of how the
desirables will be achieved.
The applicant has requested a variance to Section 4.1(C) 3 Rear Yard regulations of the Zoning Ordinance to reduce
the rear yard setback from the required 10 feet to 0 feet. Due to the odd triangular shape of the property which
measures one hundred and two feet (102.09') along the western property line and tapers east along the northern
property line for a distance of 1,219.65 feet, and a 30 feet N.T.M.W.D easement that occupies a great deal of the
property running east and west along the southern property line presents unique physical conditions and somewhat
impedes the strict application of the development code.
A Final Plat is on the current agenda for consideration.
Approved By
Initial Date
Department Director
City Manager
Page 1 of 1
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C77Y 0F'_WYL.45.,-GOLL.1NN1 COUNTY,: TEXAS
OF
f
Wylie Planning and Zoning
_Mt Commission
CITY OF WYLIE
gir AGENDA REPORT
Meeting Date: July 18, 2006 Item Number: 3
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: 07/13/06 Budgeted Amount: $
Exhibits: Final Plat
Subject
Consider a recommendation to the City Council regarding a Final Plat for A& W Properties Addition No. 2,
generally located north of FM 544 and west of FM 1378 (Country Club Dr.), and being more specifically
described as a tract of land situated in the Moses Sparks Survey, A-849, City of Wylie, Collin County, Texas,
and being the remainder of that same tract of land described in deed as Second Tract to Ida Pearl Scholz et al,
recorded in Volume 2957, Page 575 of the Deed Records of Collin County, Texas.
Recommendation
Motion to approve a Final Plat for A& W Properties Addition No. 2, generally located north of FM 544 and
west of FM 1378 (Country Club Dr.).
Discussion
The applicant is proposing to construct a single story building on .587 acres. The building will be retail in nature and
will total 7,300 square feet.
The subject property has never been platted and is zoned Commercial Corridor (CC) District. Retail is a permitted
use within the CC District.
The property is bounded to the west by an existing office/warehouse single story building (under same ownership)
and to the north by the Dallas Area Rapid Transit Railroad (DART). The subject property is triangular in shape
measuring one hundred and two feet (102.09') along the western property line and tapering along the northern
property line for a distance of 1,219.65 feet. A thirty (30) foot N.T.M.W.D. easement occupies a great deal of the
property running east and west along the southern property line.
A Site Plan is on the current agenda for consideration.
Approved By
Initial Date
Department Director
City Manager
Page 1 of 1
OWNERS CERTIFICATE OWNERS DEVCATION .1
STATE OF TEXAS:
COUNTY OF COLLIN:
COUNTY OF COLON'
BEING all of that certain lot,tract or parcel of land situated in the MOSES SPARKS SURVEY, STATE OF TEXAS:
NOW,THEREFORE KNOW ALL MEN BY THESE PRESENTS:
I A-849,City of Wyfle,Collin County,Texas,and being all of that.me troct of fond described
.deed to Peter Parks,recorded in Volume 2152,Page 502 of the Deed Records of Collin THAT I,TOM ALLRED,do hereby adopt thls plat,designating the he-ein above deist..
\ County,Tex.,ond said parcel also known as Lot 10 of McCord's Little Six Subdivision,
recorded in Volume 10,02,Page 447 In the Deed Recor.of Collin County,Tex.,but not
approved by either county or city and unrecorded.the Plot Records of Collin County,Texas, property..., ....."......,u....,.,..L,_, an addition to the City of Wylie,Cott.County, ,
Texas,and do hereby dececate,to the pt.,VS.forever the eQsitmentS end
right-of-ways cis shown thereori,The easemen.shown hereon are her."' '
and sold pored being more porticurarly described as follows: reserved for the purposes as indicated.No butt/dings,fences,trees,shrubs or
n otrhe improvemerr.or growths shalt be constructend Or pieced up.,over
monumentor
BEGINNING ot o found at the southeast comer of the remainder that some tract of across the easeriervts and right-o,-ways as shoem.Said utiiity easement being
land described in Hod to Joan Aparicio,recorded.County Clerk's No,94-00768.of the hereby reserved for th rnutual use end accommodation of all public utilities
Deed Records of Collin County.Texas;said point being89 S 5500*E,267.79'along the orth
R.O.W.line of Farm Road No.4 ci 1 .00'R.O.W. from the southeast comer of Lot 1, e
desiring to use or using same.Ati,and any public utility shalt have the full right
to rehove and keep removed ail parts of any building,fences,trees,shrubs or
Block A of Rap.Addition ( 20 )
,on addition to the.y of Vilytie,Texas,recorded in Cabinet M,Si. other Improvements or growths which may in any way endanger or Inter-Per*-10-th
416 of the Plat Records of Collin County,Texas; the construction,maintenance or efficiency of its respective Sp...on The
utility easement and all public utilities shall at all*Imes have the foil right of
ingress al,etre.."to OFfrO0 and upOn the said utility eaSeinerit for the
THENCE N 00.03`00.”W,125.25'along the east line of said Joon Aporicio property to a 3/4”.
purpose a,removing all or part QC ISO real:MC.0V sySteles ivithout the necessity ,
POT rod found for corner in the south R.O.W.HI,of Dallas Area Rapid Transit R.O.W.(a$00 at any t.procuning the peridssion of anyone.
MOSES SPARKS SURVEY, A-849 -
THENCE S 84-09'00 E,225.28'along said R.O.W.line to a 3/4.iron rod found at the Witness,ny hand at Dallas,Texas,this the..„,day of 2963,
northwest corner of the remainder that some tract,tend desoribed.deed to Ida PeaH
---
Scholz et ol,recorded.Volume 2957,Page 575 of the De.Records rif Collin County.Texas,.
„..,
THENCE S 01.07'00”E,102.64'oiling the west line of said.Peon Scholz et al,property to
a point for corner(unable to set).the north line of Farm Road No.5.; ,
----------------------------------------------------------- TOM ALLRED-MANAGING PARTNER
THENCE N 89'55'00"W.226.00'atom;.north line of Form Rood No.5 to the p,nt of ,
beginning and containing 25,629.48 square feet,0.5884 acres of land.
STATE OF TEXAS,
..,te#wan-, Di/ZZ AS AREA RAPID T.
BEFORE ME,the undersigned,a Notary Pubilc.and Poi-said State,on this ckty
personally appeared Torn Allred,known to me.be the person vitl.e nahe Is
RANSI 7 -,s, RECOMMENDED FOR APPIROyAL sLibscr.eci.the foregoing.strument,and ackrowtedged to he tfillt he
executed tine same,or the parpOSeS arfai conslcierations therein ex;ciresseci.
E-225.28' GIVEN under my hand and seat of office,this the_day of_________,2003.
.AIRMAN,PLANNING iSt ZONING Colli,11SSION DATE
... CITY OF WYLIE,TEX.
S 8,4$09'00. iTiOilaT';,-f,"1:4;11C--1-1V;;171—f-0-r-Ti-ii7FtVii—iart;;;;;Js.
APPROVED FOR CONSTRUCTION
SURVEYOR'S CERT/FICATE ,
MAYOR,CI,OF WYLiE,TEXAS DATE
I SCOTT DAVIS,a Registered Professionat Land Surveyor.the Sia.ci,Texas, :FD 3 4"I.R do hereby certify that I have prepared tMs plaxt from an aCtual on the ground
2 ACCEPTED survey of the land,and the monuments shown hereon were found ancitor pbaced
under,personal supervision in accordance with the platting rules and
8 u, regulations of the City Plan Commission of The City of Dail..
6 c4
1 MAYOR,CITY OF WYLIE,TEXAS DATE ,
<6,
REMAINDER g.. LOT I, BLOCK A .,... --
DAVIS SCUTT,. D.WILLIAMS PROPER,
o 175; VOL.3168,PG.6. JUAN AZ=?EgROPERTY The undersianed,the City Secretor,of the City of Wylle,Te.s,hereby certifies that the REGISTERED PROFESSIENVAL LA.SURVEYOR ma sm.
CC#94-007.834 , 25,629.48 sq. ft. or 0.5884 acres ' ''t '''?2si REMAINDER forego.,ftrief piat of ALLRED'ADDITIC44,an addition to the City of W,ile was submitted
IDA PEARL scHoLz,ET AL City Council on the cl,of 2003 and the Council,by formai oction.then
-z. D.R.C.C.T. '
9,
$4,,,,, . vOL.,g57,n.575 0,,,c.c.T on,there accepted the dedication af streets,oiley,parks,easement,public plo.s,and,fmter STATE OF TEXAS,
-ET i74
,1 '7 and sewer lines as shown and set forth in and upon said plot and said Council further c,i -' ,ill ' authorized the Mayor to note the oc.ptance thereof oy signing his name os hereinabove BEFORE ME,the undersigned,a Filo.,Public in and for said State,on this day
Na '° ,),•rti 8 subscribed. personally appeared Scott Davis,known to me to be the Per-So,h ahtlee name is
WO ,', . subscrbed to the Coregoing.strument,and acknOwledged to me that he Witness my hand this_d,of A.D.,2003. executed the same for-.t,'puirpoSes and cons.ratiOns'there.express..
GIVEN under my hand and seat OF office,this the___day of . 2003.
EtA T
149'...../..„, .,..X.Y. IUNA TO SET City Secretary
, ._„
''"-,... 5 8955,0'E-28779" N 89'55'00"W-226.00 BLE' City of Wylie,Texas
Not try PUitiiic.and f or--the,State of Texas.
0EGM/A40/0 POINT-----
ra BRASS MON
FARA// ROAD NO. 544
FINAL PLAT
OF
A et W PROPERTIES ADDITION
A SUBDIVISION OF A PARCEL OF LAND SITUATED IN
THE MOSES SPARKS SURVEY, A-849,CITY OF WYLIE,
,---,-------- --'-,
7- WON/TE M.= '''N '
NOTES COLUN COUNTY, TEXAS.
-
(
1 NO LOT TO LOT DRAINAGE ALLOWED
0141VER/DESELOPER ,... 2.BEARING SOURCE FOR THiS PLAT IS THE NORTH LINE OF tvIcCORD'S A&W PROPERTIES,LTD.
N LITTLE SIX SUBDtVIS1ON,RECORDED IN VOLUME 1002,PAGE 447 OF 6116 N.CENTRAL EXPRESSWAY,STE.200 7, , THE DEED RECORDS OF COLLiN C0t3NTY,TEXAS,BUT NOT ACCEPTED
BY EITHER CITY OE COUNTY DALLAS,TEXAS 75206
214.-676-6897 '3.THE PURPOSE OF TFIIS PLAT IS TO CREATE A SINGLE LOT.
4 SELLING A PORTION OF THIS ADDITION BY METES A.BOUNDS IS A
VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO *!/!!!ViiJ !!# :4-
--------7: FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. ,6-,F,--i-,,,i r.:,'„!
----—PROJECT STE
-li , .
EMPTS MA49„Vial-MK CO., AC. ...ze 7/Ho/WOO
mails,rzots 75220 214-01-0549 '''''''''''''''
Wylie Planning and Zoning
_Ittt Commission
CITY OF WYLIE
gir AGENDA REPORT
Public Hearing
Meeting Date: July 18, 2006 Item Number: 1
Department: Planning
Prepared By: Renae' 011ie Zoning Case Number: BC Rezoning
Date Prepared: 07/10/06
Location Map, Responses and
Permitted Use Comparison
Exhibits: Chart
Subject
Hold a Public Hearing and consider a recommendation to the City Council regarding a change to the Official Zoning
Map for specific commercial and industrial zoning districts to conform to the newly adopted zoning regulations.
Recommendation
Motion to recommend approval to the City Council to remap the Official Zoning Map to conform with the new
zoning regulations.
Discussion
On January 24, 2006, the City Council approved revisions to the Comprehensive Zoning Ordinance adopting new
zoning requirements for Residential and Commercial Districts. With this adoption, new zoning categories were
created, thus requiring the need to update the Official Zoning Map. The adopted Ordinance eliminated Business
Center(BC)District and Industrial (I)District and created Light Industrial (LI) and Heavy Industrial (HI)Districts.
The larger areas affected by the proposed zoning change are The Regency Business Park Addition, Hooper Business
Park, Century Business Park, Premier Business Park, North Texas Municipal Water District, and Kansas City
Southern Railway.
The Business Center District was originally zoned Industrial. However, with the citywide rezoning in February of
2002, certain Industrial Districts were rezoned to Business Center District. The Business Center category of the Plan
envisioned limited commercial uses in larger campus-style developments. However, the two areas (Regency and
Century) designated for this use/district are largely platted and developed to different standards with limited
opportunity for converting to BC characteristics. The rezoning to BC technically rendered the existing uses in these
areas legally nonconforming. If adopted, the conversion from BC to LI, would bring these areas into conformity with
the Zoning Ordinance.
Page 1 of 2
Page 2 of 2
In addition to the Light Industrial zoning, some areas will adhere to the Commercial Corridor District. The northwest
corner and the southwest corner of Westgate Way and F. M. 544 shall comply with the regulations of the
Commercial Corridor District. The CC District shall continue along the western border of Westgate Way from FM
544 to S.H. 78.
Properties platted, but not yet developed prior to January 24, 2006 would continue to comply with the dimensional
regulations (lot size, dwelling size and required setbacks) of the Zoning Ordinance in place at the time of platting,
but must comply fully with the new use regulations and design standards.
Notification/Responses: Four Hundred and Seven (407) notifications were mailed, with one written response
opposing the request returned at the time of posting. The response requested that the southwest section of Westgate
and FM 544 be converted to Commercial. This section was inadvertently omitted from the maps, but should be
included in the rezone from BC to Commercial Corridor District.
Attached are location maps of the areas and their respective new zoning categories.
Approved By
Initial Date
Department Director
City Manager
Marble Cr Drive
eeRo Rar_ ,
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LOCATION MAP
Rezone from BC to CC b �;��
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Rezone Hatched Area BC to CC
Rezone Dark Shaded Area BC to LI
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F. M. 544 -
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LOCATION MAP
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Rezone I to LI
Greenway Investment Company
Commercial Rea Estate Investments
'_ROB HEiinnounr Street,Sum;100
IID211aa,Tc' 75'01 Tctcphunc,214.8R0.m)
Fax:II II 2:4,880.01 ss
gree nwayi m-e,tmentcorn
June 30,2006
Ms,Mindy Manson,
Assistant City Manager/Director of Planning
City of Wylie
Wylie Municipal Complex
2000 Hwy 78 North
Wylie,Texas 75098
RE: Proposed Amendment to the Official Zoning Map of the City of Wylie,Texas
Dear Ms.Manson:
Pursuant to our conversation, I am writing to you in opposition to the proposed amendment to
the Official Zoning Map of the City of Wylie referenced in the letter dated June 23,2006.
As a property owner affected by this proposed amendment, we are opposed to the Light
Industrial(LI)classification which is being considered for our property(as identified on Exhibit
A)as well as the adjacent property.
It is my opinion that the zoning classification Corridor Commercial (CC) would best suit the
property as it would compliment the adjacent development. In addition to CC being the most
compatible with that adjacent development, the CC classification will allow the ownership to
adhere to its current plan for a retail shopping center development on the property.
Thank you for your consideration regarding this matter. Feel free to give me a call should you
have any questions.I can be reached at(214)880-9009,ext_7.
Best regards,
G % Y V EN OMPANY
Mark Har a , v
Partner
O� o
Permitted Uses
A.AGRICULTURAL&ANIMAL-RELATED
1. Animal Boarding Kennel with Outside Pens P
2. Animal Boarding/Kennel without Outside Pens P
3. Animal Production
4. Commercial Greenhouse or Nursery P
5. Crop Production
6. Stable(Commercial) P
B.RESIDENTIAL&LODGING
1.Assisted Living Apartment
2.Bed&Breakfast Inn
3.Boarding or Rooming House
4.Hotel or Motel P
5.Manufactured Home
6.Manufactured Home Park
7.Multifamily Dwelling
8. Single Family Dwelling,Attached
9. Single Family Dwelling,Detached
C.INSTITUTIONAL&COMMUNITY SERVICE
1. Cemetery or Mausoleum
2. Church/House of Worship P P
3. College or University S P
4. Cultural Arts Facility P P
5. Day Care Facility P* P*
6. Group Home P P
7.Hospital or Sanitarium P
8. Library P P
9. Mortuary or Funeral Home P
10.Nursing,Convalescent Home or Hospice
11. School(Public or Private)Elementary P* P*
12. School(Public or Private)Secondary P* P*
13. School,Business P P
14. School,Technical or Trade P
D. OFFICE
1.Financial Institution(with drive thru) S
2.Financial Institution(without drive thru) P P
3.General Office P P
4.Medical Clinic P* P*
E.RECREATIONAL,ENTERTAINMENT&AMUSEMENT
1.Commercial Amusement or Recreation(Inside)
2.Commercial Amusement or Recreation(Outside)
3.Community Park,Recreation Center,or Golf Course(Public) P P
4.Country Club or Golf Course(Private) P P
5.Golf Driving Range S
6.Health Club P P
7.Neighborhood Park or Playground P P
8. Sexually-Oriented Business P*
9. Shooting Range,Indoor P
10.Theater
O� o
Permitted Uses
F.RETAIL,PERSONAL SERVICE&COMMERCIAL
1.Animal Clinic or Hospital
2.Automobile Rental P* P
3.Automobile Repair,Major P
4.Automobile Repair,Minor
5. Body Art Studio P*
6.Car Wash
7.Club or Lodge(Non-profit)
8.Contractor's Maintenance Yard P
9.Dry Cleaning or Laundry,Drop-Off or Self Service P* P
10.Cleaners(Commercial) P
11.Equipment Rental
12.Food Processing P
13.General Merchandise or Food Store 5,000 s.f.or less P*
14.General Merchandise or Food Store greater than 5,000 s.f.
15.Home Improvement Center,Lumber,Brick,or Building Materials P
16.Household Equipment&Appliance Repair
17.Motor Vehicle Fueling Station P P
18.Pawn Shop
19.Personal Service Use P*
20.Restaurant with Drive-in or Drive-through Service
21.Restaurant without Drive-in or Drive-through Service P P
22.Truck,Machinery&Heavy Equipment Sales,Service or Repair P
23.Vehicle Display,Sales or Service
24.Beer&Wine Package Sales
G.UTILITY,TRANSPORTATION&PUBLIC SERVICE
1. Airport,Heliport or Landing Field S P
2. Animal Shelter P
3. Commercial Bus Station,Terminal or Service Facility P
4. Commercial Radio or TV Transmitting Station P P
5. Electric Substation or Gas Regulator Station P P
6. Helipad P P
7. Local Utilities P P
8. Mounted Antenna P P
9. Police or Fire Station P P
10.Post Office P P
11.Radio,Television or Microwave Tower S
12.Railroad Yard P
13. Sewage Treatment Plant P
14.Telecommunications Tower P P
15.Telephone Exchange without Shops or Offices P P
16.Transit Passenger Shelter P P
17.Utility or Government Installation other than listed P P
18.Water Treatment Plant,Reservoir or Water Storage P
H.INDUSTRIAL&MANUFACTURING
1. Asphalt or Concrete Batch Plant S
2. Industrial(Inside) P
3. Industrial(Outside) S
4. Light Assembly&Fabrication P P
5. Mining S
6. Printing&Publishing S P
7. Salvage or Reclamation of Products(Inside) S
8. Salvage or Reclamation of Products(Outside) S
I. WHOLESALE,DISTRIBUTION&STORAGE
ON o
Permitted Uses 41, �.'
1. Auto Auction S
2. Contractor's Maintenance Yard P
3. Freight Terminal P
4. Landfill S
5. Livestock Auction Pens or Sheds S
6. Mini-warehouse(Self-storage)
7. Office Showroom/Warehouse P P*
8. Outside Storage P
9. Recycling Collection Center S P
10. Warehouse/Distribution Center S P
J.ACCESSORY USES
1.Acessory Agricultural Buildings
2.Accessory Community Center(Private) P P
3. Accessory Game Court(Private) P P
4. Accessory Outside Display of Merchandise P*
5. Accessory Outside Sales
6. Accessory Outside Storage P* P*
7. Amateur Communication Tower P* P
8. Caretakers Quarters/Domestic or Security Unit P* P
9.Home Occupation
10.Private Stable
11. Swimming Pool(Private) P P
K TEMPORARY USES
1.Christmas Tree Sales T T
2.Occassional Sale.Garage Sale
3. Seasonal Sales Stand
4.Temporary Concrete or Asphalt Batch Plant T T
5.Temporary Construction Yard,or Construction or Sales Office T T
6.Temporary Crop Production T T
7.Temporary Grazing T T
8.Temporary Living Quarters
9.Traveling Show,Carnival or Circus
Wylie Planning and Zoning
_Mt Commission
CITY OF WYLIE
gir AGENDA REPORT
Public Hearing
Meeting Date: July 18, 2006 Item Number: 2
Department: Planning
Amendment to Zoning
Prepared By: Mindy Manson Zoning Case Number: Ordinance
Date Prepared: 7/13/06
Exhibits: Ordinance, Letters
Subject
Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to the
Ordinance establishing regulations governing the sale of alcoholic beverages.
Recommendation
Motion to recommend approval to the City Council regarding an amendment to the Zoning Ordinance establishing
regulations governing the sale of alcoholic beverages.
Discussion
On April 4, 2006, the Planning Commission held a public hearing to consider a recommendation to the City Council
for an ordinance regulating the sale of alcoholic beverages. The regulations approved at that time were conservative,
in that the package sale (off-premise consumption) of alcohol was permitted only in the Corridor Commercial (CC),
Light Industrial (LI), Heavy Industrial (HI) and Downtown Historic Districts (DTH). The establishments may not be
located closer than 300' to a church or hospital, measured along property lines of the street fronts from front door to
front door, and not closer than 300' to a public or private school measured in a direct line from property line to
property line.
Since the approval by Council of the regulations, staff has received 4 requests from business and property owners
requesting that the ordinance be amended to permit the package sale of alcohol in all non-residential zoning districts.
This would add the use to the Community Retail (CR) and Neighborhood Services (NS) districts, with all other
separation and distance requirements to remain in effect.
Please note that the on-premise sale of alcohol (restaurants)is already permitted in the CR and NS districts.
Page 1 of 2
Page 2 of 2
The following is an excerpt from the Texas Alcoholic Beverage Code:
§ 109.57. APPLICATION OF CODE; OTHER JURISDICTIONS. (a) Except as is expressly
authorized by this code, a regulation, charter, or ordinance promulgated by a governmental entity of
this state may not impose stricter standards on premises or businesses required to have a license or
permit under this code than are imposed on similar premises or businesses that are not required to
have such a license or permit.
As an example, a grocery store cannot be regulated differently in different zoning districts simply due to the fact
that it is required to have a license to sell beer and wine. If a grocery store is allowed in both CC and CR, they
both must be allowed the right to sell beer and wine, so long as all other regulations are met.
Approved By
Initial Date
Department Director
City Manager
DRAFT
CITY OF WYLIE, TEXAS ORDINANCE NO.:
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S
ZONING ORDINANCE NO. 2001-48, ARTICLE 5 (USE REGULATIONS)
SECTION 5.1 (LAND USE CHARTS), SUBSECTION F (RETAIL, PERSONAL
SERVICE & COMMERCIAL) AND SECTION 5.2 (LISTED USES),
SUBSECTION F (RETAIL, PERSONAL SERVICE AND COMMERCIAL
USES) TO ESTABLISH REGULATIONS GOVERNING THE SALE OF
ALCOHOLIC BEVERAGES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated
and determined that the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations), of the City of
Wylie, Texas ("Wylie"), should be amended to regulate the sale of alcoholic beverages; and
WHEREAS, Wylie has complied with all notices and public hearings as required by law; and
WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2001-48, Article 5 (Use
Regulations) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations)
Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial). Article 5
(Use Regulations), Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service &
Commercial) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add number 24 and
amend numbers 20 and 21, as follows:
Ordinance -Alcohol Sales Regulations Page 1
447685.v 1
DRAFT
20.Restaurant with Drive- P* P* P*
in or Drive-through
Service
21.Restaurant without P* P* P* P* P* P*
Drive-in or Drive-
through Service
■■■■■■■ 24.Beer &Wine Package p* p* p* p* P* P*
Sales
SECTION 3: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations).
Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses) Article 5
(Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial
Uses) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add the following:
24. Beer & Wine Package Sales.
a. Definition: An establishment, including but not limited to General Merchandise or
Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of
beer and/or wine to the general public for off-site personal or household consumption
and rendering services incidental to the sale of such goods.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every 200 square feet of gross floor area; however
for retail sales made at a Motor Vehicle Fueling Station the required parking shall be a
minimum of four spaces.
d. Required Loading:
0- 10,000 None
10,001—50,000 1
Each additional 10,000 or 1
fraction thereof
e. Additional Provisions: Beer& Wine Package Stores shall be subject to compliance
with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the
following development criteria:
Ordinance -Alcohol Sales Regulations Page 2
447685.v 1
DRAFT
(1) The establishment shall not be located closer than 300 feet to a church and/or
public hospital measured along the property lines of the street fronts from front
door to front door, and in direct lines across intersections.
(2) The establishment shall not be located closer than 300 feet to a public or private
school measured in a direct line from property line to property line, and in
direct lines across intersections.
(3) The distance between a Beer & Wine Package Sales Establishment and a
private school can be increased to 1,000 feet if the City Council receives a
request from the governing body of the private school to do so.
(4) Beer sales are not permitted in residential areas. Residential areas include
properties that are zoned in any Residential District category or a planned
development that allows residential uses or vertical mixed use developments
with a residential component, because these zoning districts are part of the
neighborhood(s) within which they are located. Notwithstanding, a planned
development ordinance may allow for Beer & Wine Package Sales at
designated locations in the planned development that meet the requirements set
forth herein.
(5) Beer & Wine Package Sales establishments that derive more than 75% of their
gross revenue from the sale of beer and/or wine:
a. Are permitted only by Specific Use Permit in the NS, CR, CC, LI, HI and
DTH zoning districts;
b. Shall not be located closer than 1,500 feet from another Beer & Wine
Package Sales Establishment that derives more than 75% of its gross revenue
from the sale of beer and/or wine, measured building-to-building (or outer
wall of the lease space)in a straight line;
c. Shall not be located closer than 800 feet from the building to the property
line of a residential zoning district, including residential portions of a
planned development zoning district; and
d. Shall not be located closer than 1,500 feet from the property line of a City
park, or the property line of a property owned by a church, public hospital,
public or private school, public or private college/university, rehabilitation
care institution, or child or adult day care, measured in a straight line from
front door of the establishment to the nearest property line of a residential
zoning district, City park, church, public or private hospital, public or private
school, public or private college/university, rehabilitation center, or child or
adult day care.
SECTION 4: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations).
Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses), paragraphs
20 and 21. Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal
Service and Commercial Uses), paragraphs 20 and 21 of Wylie's Zoning Ordinance No. 2001-48 is
hereby amended to read as follows:
Ordinance -Alcohol Sales Regulations Page 3
447685.v 1
DRAFT
20. Restaurant with Drive-in or Drive-through Service
a. Definition: Restaurant with drive-in or drive through service means:
(1) A restaurant with drive-in service is an establishment principally for the sale and
consumption of food where food service is provided to customers in motor vehicles
for consumption on the premises.
(2) A restaurant with drive-through service is an establishment principally for the sale
and consumption of food which has direct window service allowing customers in
motor vehicles to pick up food for off-premises consumption.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every three seats under maximum seating arrangement.
d. Required Loading:
0- 10,000 None
10,001—50,000 1
Each additional 10,000 or 1
fraction thereof
e. Additional Provisions:
(1) CR District: Drive through and stacking area shall not be located adjacent to
residential uses.
(2) The "Additional Provisions" listed in paragraph 21, subpart e., below, for"Restaurants
without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or
Drive-through Service that sell alcohol.
21. Restaurant without Drive-in or Drive-through Service
a. Definition: Restaurant without drive-in or drive through service means an establishment
principally for the sale and consumption of food on the premises.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every three seats under maximum seating arrangement
with no fewer than 8 provided.
d. Required Loading:
0- 10,000 None
10,001—50,000 1
Each additional 10,000 or 1
fraction thereof
e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance
with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the
following development criteria:
(1) Restaurants are only permitted to sell alcohol by right if the subject property was
located within the City limits as of May 13, 2006. For property annexed into the
Ordinance -Alcohol Sales Regulations Page 4
447685.v 1
DRAFT
City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a
Private Club from the Texas Alcoholic Beverage Commission for the ability to sell
alcohol.
(2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church
and/or public hospital measured along the property lines of the street fronts from
front door to front door, and in direct lines across intersections.
(3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public
or private school measured in a direct line from property line to property line, and
in direct lines across intersections.
(4) The distance between a restaurant that sells alcohol and a private school can be
increased to 1,000 feet if the City Council receives a request from the governing
body of the private school to do so.
(5) Restaurants that derive more than 75% of their revenue from the sale of alcohol
are only permitted by specific use permit and may only be located in the zoning
districts where the applicable type of restaurant is designated as "P*" on the Land
Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5.
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Zoning Ordinance No. 2001-48, as it exists or may be
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum
not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Savings/Repealing Clause: Wylie's Zoning Ordinance No. 2001-48, as
amended, shall remain in full force and effect, save and except as amended by this or any other
Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but
such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall
the repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and
effect.
SECTION 7: Severability: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
Ordinance -Alcohol Sales Regulations Page 5
447685.v 1
DRAFT
SECTION 8: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this day of 2006.
John Mondy, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
CAROLE EHRLICH
City Secretary
DATE OF PUBLICATION: , Wylie Enterprise
Ordinance -Alcohol Sales Regulations Page 6
447685.v 1
GARDERE
attorneys and counselors • www.gardere.com
Direct:214-999-4846
Direct Fax:214-999-3846
jadams@gardere.com
May 25, 2006
Ms. Mindy Manson
Director of Planning &
Assistant City Manager
City of Wylie
2000 State Highway 78 North
Wylie, Texas 7098
Re: Request for Change to City Ordinance 2006-28
Dear Ms. Manson:
At your request, enclosed with this letter are request letters from our clients,
Brookshire Grocery Company, Inc. and 7-Eleven, Inc., formally requesting amendments
to City Ordinance 2006-08 to allow beer and wine sales by them at their locations in the
City of Wylie upon their obtaining permits to do so from the Texas Alcoholic Beverage
Commission. As I have discussed with your city attorney, Julie Fort, Texas Alcoholic
Beverage Code section 109.57 pre-empts the existing ordinance and precludes the kind of
geographic discrimination the existing ordinance enacts. Nevertheless,we appreciate
your willingness to pursue this change.
Please call me if I can answer any questions for you or do anything further for
you. My clients most appreciate your quick response to my query and your work to
change the ordinance in question.
inc ely,
J . Adams
Attachments
DALLAS 1661211v1
GARDERE WYNNE SEWELL LLP
3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201-4761 • 214.999.3000 Phone • 214.999.4667 Fax
Austin • Dallas • Houston • Mexico City
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F.
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7-ELEVEN,INC.
May 25, 2006
Michael R.Davis
Direct Dial Number(214)828-7253
Facsimile Number(214)861-1367
Email: mdavis02@7-11.com
Ms.Mindy Manson
Director of Planning&
Assistant City Manager
City of Wylie
2000 State Highway 78 North
Wylie,Texas 7098
Re: City Ordinance 2006-28;Request for Change
Dear Ms.Manson:
At your request, this letter will constitute a formal request that City Ordinance 2006-28
be amended as soon as possible to allow establishments defined in Section 24.a. of the City
Zoning Regulations to sell beer and wine, pursuant to proper permits issued by the Texas
Alcoholic Beverage Code, in all non-residential zoning districts, specifically including CR and
CC districts.
We appreciate your prompt consideration of this matter. Please call the undersigned or
our counsel,James F. Adams of Gardere Wynne Sewell LLP, at(214) 999-4846,if you have any
questions or need anything further from us.
' Sincerely,
Michael R.Davis
Vice President and
Assistant General Counsel
Cilyplace Center Eat`2 711 North Iilaskell avenue i Dallas,TX 75204-2906•Mailing Address: Box 711 i I:/;lias,TX 75221-0711(21411,28.7R1 i
*try
BC
BROOKSHIRE
May 25, 2006
.447.701T,gj.,
Ms.Mindy Manson
Director of Planning&
Assistant City Manager
City of Wylie
2000 State I lighway 78 North
Wylie,Texas 750
44713 Re: City ordinance 2006-28; Request for Change
near Ms.Nlaitsciii:
*pc,
At your request, this letter will constitute a formal request that City Ordinance 20t)6
'4,' it), 28 be amended us soon as possible to allow establishments defined in Section 24.a. of the
City Zoning Regulations to sell beer and wine, pursuant to proper permits issued by the
Texas Alcoholic Beverage Code, in all non-residential zoning districts, specifically
including CR and CC districts.
''4 1:‘41k4
rWe appreciate your prompt consideration of this matter. Please call the undersigned
or our counsel, James F. Adams of Ganiere Wynne Sewell LLP, at (214) 9994846, if you
(- have any questions or need anything further From us,
."'
E'bu
4 Sincerely,
tl:;9;44 C
Nathan Williamson.
Vice President-Corp Fax
140
Brookshire Grocery Company
416; wo
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FS,xt, "c7to 10
www ,opt
I k KWIK CHEK FOODS
P.O.BOX 220
BONHAM, TEXAS 75418
903-583-7481
• v 903-583-1232 FAX A ��
•
May 24,2006
Mindy Manson
Planning and Zoning Director
City of Wylie
2000 Highway 78 North
Wylie,Texas 75098
RE:Request for CR to be added to Ordinance No.2006-28
Dear Ms.Manson:
I am requesting that CR(Community Retail)be added to Ordinance No.2006-28.
Please advise what steps must be taken to achieve this request and the time frame involved. Also,is there
anything you need me io do to help expedite this request?
This addition of CR to Ordinance No.2006-28 is vital to the competitiveness of our business in Wylie.
Our KWIK CHEK#19 is located at 617 S Highway 78 in Wylie Texas and is greatly impacted by the
actions taken. Thank you,in advance,for your attention in resolving this matter.
Sincerely,
Doyce Tay or,CEO
CC:KWIK CHEK P19 Wylie Texas