Ordinance 1992-07
ORDINANCE NO. 9~- '/
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING PROCEDURES AND
REQUIREMENTS FOR SITE PLAN REVIEW, AMENDING EXITING BUILDING SITE
REQUIREMENTS; REPEALING SECTION 29 OF THE CITY OF WYLIE ZONING ORDINANCE AND
ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY
CLAUSE; AND FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the existing requirements for creation of a building site in
the city do not specifically require site plan approval as a requisite to
issuance of a building permit; and,
WHEREAS, the governing body has, in its legislative discretion,
determined that a more detailed requirement for si te plans for certain
developments would promote the general welfare of the community; and,
WHEREAS, the governing body has further determined, in such legislative
capacity, that such site plan requirements would be consistent with the
purpose of existing zoning regulations to promote orderly development of the
community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, as follows:
1. That Section 29 of the Wylie Zoning Ordinance, as codified in Section
1 of Chapter 12 of the Wylie City Code, as the same now exists, is hereby
repealed, in its entirety, and the following provisions adopted therefore:
SECTION 29
CREATION OF BUILDING SITE
Section 29.1 Prerequisite for Issuance of Building Permit
No permit for the construction of a building or buildings upon any
tract or plot shall be issued until a building site, building tract,
or building lot has been created by compliance with the following
conditions:
a) The lot, plot, or tract is a part of a plat of record properly
approved by the planning and zoning commission, and filed in the plat
records of Collin County (or if appropriate Dallas or Rockwall
Counties); except where
said plot, tract or lot faces upon a dedicated street and was
separately owned, prior to the effective date of the Wylie Zoning
Ordinance (May 7, 1985) or prior to annexation (whichever is
applicable), and in such excepted event the exception shall apply
only for one main building which shall otherwise comply with the
requirements of the Wylie Zoning Ordinance, on a one time basis; AND
b) The lot, plot, or tract has complied with the requirements for
site plans, as set forth in Section 29A, to the extent applicable;
AND
c) The lot, plot, or tract is accessed by a public street or public
drive.
2. That the following new section, to be designated as Section 29A, be
added to the Wylie Zoning Ordinance, as Codified in Section 1 of Chapter 12
of the Wylie City Code:
SECTION 29A
SITE PLAN REVIEW PROCEDURES AND REQUIREMENTS
29A.l
PURPOSE
This section establishes a Site Plan review process by the Planning
& Zoning Commission and City Staff for any proposed development
within the City of Wylie. The purpose of the review is to ensure
efficient and safe land development, harmonious use of land,
compliance with appropriate design standards, safe and efficient
vehicular and pedestrian circulation, parking and loading, and
adequate water supply, drainage and storm water management,
sanitary facilities, and other utilities and services.
29A.2
APPLICABILITY
a) Site Plan review and approval by the Planning & Zoning Commission
shall be required for the following:
1) Any shopping center.
2) Any apartment development.
3) Any Planned Development and Specific Use Permit.
4) Any Retail, B-1, B-2 or Industrial Zone development, unless
such development is located within an approved Industrial or
Commercial subdivision.
5) Any development where more than one main building or use is
proposed on a single lot or tract.
b) No building permit shall be issued for any of the above
developments, unless a Site Plan is first submitted to and approved
by the Planning and Zoning Commission. No certificate of occupancy
shall be issued unless all construction and development conform to
the plan as approved by the Planning and Zoning Commission.
c) Notwithstanding any other provisions of this ordinance or its
amendments, the Director of Planning & Engineering may at his
discretion require a Site Plan for any development to be submitted
for approval by the Planning & Zoning Commission if in his opinion
it is in the best interest of the City to do so.
29A.3
EXEMPTION AND EXCEPTIONS
a)
Site Plan approval by the Planning & Zoning Commission shall
not be required for any detached one or two dwelling unit
buildings or any accessory uses incidental thereto. City Site
Plan requirements for these buildings and uses may be acquired
by contacting the Building Official.
b)
The Planning & Zoning Commission may, at the request of the
applicant, waive any of the various requirements of maps and
submissions hereinafter set forth.
29A.4
SITE PLAN DETAILS
The Site Plan shall contain sufficient information relative to site
design considerations, including but not limited to the following:
1) Location and orientation of proposed building (s) and
structures
2) On and off-site circulation
3) Parking
4) Grading
5) Landscaping
6) Placement of utilities
7) Screening
8) Engineering for streets and utilities
Provision of the above items shall conform to the principles and
standards of this ordinance. To ensure the submission of adequate
Site Plan information, the Planning and Engineering Department is
hereby empowered to maintain and distribute a list of specific
requirements for Site Plan review applications. Any Site Plan
detail or requirement updates, deemed necessary by the Planning and
Engineering Department, shall be submitted to the Planning and
Zoning Commission for zoning amendment consideration.
29A.5
SUPPLEMENTAL REQUIREMENTS
a)
The Planning & Zoning Commission and/or Director of Planning
& Engineering may require other information and data for
specific site Plans. This data may include but is not limited
to geologic information, water yields, flood data,
environmental information, traffic analysis, road
capabilities, market information, economic data for the
proposed development, hours of operation, elevations and
perspective drawings, lighting, and similar information.
Conditional approval of a Site Plan may establish conditions
for construction based on such information.
b)
The Planning Director may require that the Site Plan be
prepared by an architect or licensed engineer or both if
applicable to the specific requirements of the Site Plan.
c)
Before submittal of the Site Plan to the P & Z, the Planning
Director must insure that all applicable City staff personnel
provide technical input relating to the Site Plan details.
29A.6
PRINCIPLES AND STANDARDS FOR SITE PLAN REVIEW
The following criteria have been set forth as a guide for
evaluating the adequacy of proposed development in the City of
Wylie. The Planning & Zoning Commission shall review the Site Plan
for compliance with all applicable Ordinances and the Comprehensive
Plan; for harmony with surrounding uses and the overall plan for
development of the City of Wylie; for the promotion of the health,
safety, order, efficiency and economy of the City; and for the
maintenance of property values and the general welfare.
Based upon its review, the Commission may approve, conditionally
approve, request modifications or deny approval of the Site Plan
based on evaluation of the Site Plan details with respect to:
1) The Site Plan's compliance with all provisions of the Zoning
Ordinance and other ordinances of the City of Wylie including
but not limited to off-street parking and loading, lighting,
open space and the generation of objectionable smoke, fumes,
noise, odors, dust, glare, vibration or heat.
2) The environmental impact of the development relating to the
preservation of existing natural resources on the site and the
impact on the natural resources of the surrounding properties
and neighborhood.
3) The relationship of the development to adjacent uses in terms
of harmonious design, setbacks, maintenance of property values
and negative impacts.
4) The provision of a safe and efficient vehicular and pedestrian
circulation system.
5) The design and location of off-street parking and loading
facilities to ensure that all such spaces are usable and are
safely and conveniently arranged.
6) The sufficient width and suitable grade and location of
streets designed to accommodate prospective traffic and to
provide access for fire-fighting and emergency equipment to
buildings.
7) The coordination of streets so as to compose a convenient
system consistent with the Thoroughfare Plan of the City of
Wylie.
8) The use of landscaping and screening (1) to provide adequate
buffers to shield lights, noise, movement or activities from
adjacent properties when necessary, and (2) to complement the
design and location of buildings and be integrated into the
overall site design.
9) Exterior lighting to ensure safe movement and for security
purposes, which shall be arranged so as to minimize glare and
reflection on adjacent properties.
10) The location, size and configuration of open space areas to
ensure that such areas are suitable for intended recreation
and conservation uses.
11) Protection and conservation of soils from erosion by wind or
water or from excavation or grading.
12) Protection and conservation of water courses and areas subject
to flooding.
13) The adequacy of water, drainage, sewerage facilities, garbage
disposal and other utilities necessary for essential services
to residents and occupants.
The decision of the Planning & Zoning Commission to approve or deny
a Site Plan shall be final and binding unless an appeal of said
decision is made to the City Council. The appeal shall be filed in
writing with the Planning Department not more than seven days after
the date of the action taken by the Planning & Zoning Commission.
The appeal shall state all reasons for dissatisfaction with the
action of the Planning & Zoning Commission. If the City Council,
by majority vote, deems the appeal to be without merit, it may
refuse to accept the appeal, and the action of the Planning &
Zoning Commission shall stand. If the City Council, by majority
vote, accepts the appeal, the decision by the City Council to
approve, conditionally approve, request modifications, or deny a
Site Plan shall be final and binding. In cases where Site Plan
approval included provisions which must be approved by the City
Council, Planning & Zoning Commission approval of the Site Plan
shall be referred to the City Council for this action.
29A.7
EFFECT OF SITE PLAN APPROVAL
a)
If development of a lot with an approved Site Plan has not
commenced within two years 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
Planning & Zoning Commission shall be required before a
building permit may be issued. Said review and approval shall
be evaluated according to the standards of Section 29.8,
taking into account all changes to applicable ordinances
which have occurred subsequent to the prior approval of the
Site Plan.
b)
It is recognized that final architectural and engineering
design may necessitate minor changes in the approved Site
Plan. In such cases, the Planning Director shall have the
authority to approve minor modifications of an approved Site
Plan, provided that such modifications do not materially
change the circulation and building location on the site.
29A.8 NOTICE OF DENIAL TO CITY COUNCIL
In the event that the Planning & Zoning Commission shall deny approval
of a site plan written notice of such denial and the reasons therefore shall
be transmitted to the City Council within
ten days following such denial."
4. All other ordinances of the City of Wylie which are in conflict
herewith are hereby repealed to the extent necessary to resolve such
conflict.
5. Should any paragraph, sentence , sub-division, clause , phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal
or invalid the same shall not affect the validity of this ordinance as a
whole or any part or provisions thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
4. This ordinance shall take effect immediately from and after its
passage and the publication of the caption as the law and the City's Charter
provide in such cases.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, on this ~.? day of June, 1992.
Attest:
. ~,\\\\i\\l1 \ I II llllllfllll.
#~~\ 0 F W t~'1It~
~~"' T( ~
~,,:,.... ~
~u " ~
I sErt \\
c,-, c,._.~.'" Ji .".",'
~,,_----,.il '
...,fj
" I.;;,~ -"",'
.;\:;",.....~..,'.',;',.,/,
"" : ,j ; !,: ,
!.,,-USSlI:' LIght, Autumn Fernald, Rachel1\-lc1\lahan. April Eichenbf'rger.
_'un::-" \lilln, Phuonl; Lien. and Natalie GR<.:;kill; \second rov;} l\landy
_.;.iJ;:'!l, Amy Cl{l~et Chery! '\Villiams. Jason Copling. l\-larr SherriL. and
SB.r.8: Por:;;:-ht{'rn. :\Iurgaret Smith. Andren Denig, Emily EggemC'ycr.
,;:r, ,Tl::~m~' Brunt'. Ste-ven Combest. and Timo Gray; (fourth rm~:) .Jpnnife-T
Cl.L1ri. ~i('(; S[rphL'n.,. Billy Johnson. Cody Parker. Shawn Eckman. and John L,Vud-
YOU rl~N
2-7776
'T/?AVEIPOR.!
-1, >. Ai'~lid Or'" \','{,' Lou' Fri'>',,,
E HO\V THEY RUN
Sai F. ('flectl...~~(' elimination
; ami n,lip!, household pests including
1~,,:~
tes
~:),< ~''r"''i~i\~
.4-.""'c ;. ,":, ~- - 1~
"-:B- 'i;;;;'~ ,>j
~~- :-;~~
\ \."'<r
~.~' - . '--/~'. .
~~~-_~':;1
rougs
and Fieab
fish
~ugF:
;S (',;, 1\10::2\;
LIE PEST CONTROL
442.5749
IDEO
fITS
~1 N. Hw~' 78
W)TIif"
42.4130
LEGALS
ORDl'\A:\CE '\(' ":e
AN ORDlNA'\CE OF THE
CITY OF WYLIE, TEXc\S,
AMENDI\'G .TOR-
DI"A\'CE',;;-~[J_
UTILITIES, PROYID1\:G
FOR THE DISPO"AL OF
SE\\AGE Ai\D HIE USE
OF PUBLIC SnYEH,S-
REGL'LATl'\G TIt:-
DISCHARGE OF 1,\-
DUSTRIAL \\-,STI:.S INTO
THE SA:\ITARY SFiYEF
OF THE ClT\
REGl'L,".TI\-C;
t'\:SE\\-ERED ,\\'n
:'II I S C ELL A ,,\ E (, L "
DISCIL".R(;U; pro,
\")D!:\G FOr: ,\ Pi.'niTT
SYSTEyl \nTH DE:\!,".L,
SL'SPENSIO~" llE\ (h ,\
'1101\ -\:\D A:\ "PPEAL__
PROCESS: PHOYllJI:\" "
PE:\,U TY CLA-L'SE .-'\
REPEALING CL\r:SE"
SEVERABILITY CL\L'SE.
A'\D ".N EFrECTl\T
DATE.
DUL) P-'\SSED ,\\:1) \:'
PROVED THIS TIE:
DA Y OF JL'\'E. 19,,:
.j nrm VI /UUll
:IIAYOF:
A TTl:Sf
Carol,"n ,Iune~
CTn SECHET,\HY
APPROVED AS TU rOH:'I!:
Sl-p\,en P. Dl'ite1"
CITY ,-'\'l'TOH ',EY
-i-II C
ORDINANCE \,0 "y;
A1\ OHDT\:A \r;:
eJTY OF \\,YLlE, TEXAS
ESTABLISHING PHO,
CEDUHES A,'\D HE
QUIHE:\IENTS FOR SITE
PLAN REVIE\\' A\rC<,
DING EXISTlXG
BUILDII\'G SITE RE.
QUIRE:\IF.:\TS; REPE.-\,l"
ING SECTION 28 OF THE
Cln- OF WYLIE 20'\I"G
ORDINANCE AND ALL
OTHER ORDINANCES Ii\'
CONFLICT HEREWITH:
PHOVIDING FOR A
SEVERABILITY CLAUSE,
A"D FURTHEH P!W
VIDI\'(; FOR \\ SLT '
TIVE D.-'\TE
put the pieces together, At
. any rate, we're glad to hnm.\
there W3S a "touch of flOyal.
~:,; " in our subject.
"Food ~ \V1J1e-" magflzin('
has frcentl...- named their list
of thl' "Top ::!f)" restIlurantl-i
in the Vnited S"-rate~. The list
wa~ cho~(>n frum OVPr 300
possibihties throughour the
country Texas had 1.\\'0 on
the li~t: Routh Street Cale in
Dallas and Tony's in
Houston. ~t'W Y urk and
California each had six to
make rhf' list whilt> the other.!'
raIlle fronl all area.:... of the
country. In checking UH:~ list
of \r;'Innt-n.. this ,niter found
that 'vc hove enjo.\'t'd the food
,If fit least ninE' of thesl' top
emeries. including both the
T exes '\\'innprs; Ll' Cirque and
Four Seasons, both in Ne\\'
York: Campton Place and
Flt'ur de L'y~, both in San
Francis(~o; Tht, Dining Room
in Atlanta; Le Lion d'or in
Wa,hington, D_ C and the
Grill Room in r'\pw Orleans.
:\0 doubt llhout it. all on thf'
list are outstanding but \vhen
11 ('ome'~ tu making n list of
tht ';Tup 25" in the country
you ulways h3"\'t~ to omit a
number \vhu. perhaps. art'
equally as qualified.
Of' the l'CnWIO tyrntcctIOn.o;
ag-cu;lsr tnnt'tatrnn, (oh'(1l'dic('
i~ the Stlre,'i!
-Slal'h Tu'uin
For special flavor put a
piece of chocolate or a vanilla
bean j n the coffee filter before
you add the coHee,
Harold's
Automotive
lOti :-;, Birmingham
442.7005
Complete
Automotive Repair
F()n.~'ign 6: DUlnest:c
* Brak2~
1* Tune Up
* Air Conditioner
* Gas & Diesel Engines \,
I ~)J
tho near futurl' is tit es~uhlisl
equInt:' Gellt t::oln He i~
psppciully fond of hnr:;ps Dnu
ilkes tn ride cuttin;.: hnr.<.:e.'"' to;
d hobbv
He said tk likeu the smai;
to\-Vl1 aLrno~phert \\"ylil' l1a,s
La offer and hopes to pro':idp
^,,,--,,,- '-jU..lil"
ClIenT:';
..:av!' l~P (.,'
:'TH..'n-Ct'c1.' 1i
i.!'~ 1,~ spr~;lC
> h': ni:..tk
apPUJ!l1 r:wn
Illen! ,le W,
::mg nul' \'i.'l
h j l.:Xi
Dr. I\.crin i" \'er~' glad tel
,XPf'fll"T],Ci;-'
~
ANTIQUES & THREi
Quality Clothing & AntiqlJl
"Seconds with d FIrst Class Tow
All ConsIgnment:;) Vv'c:cDnH
Paula Fondren
442-3372
Wyl
. .\;'o Dr\'in)...' Tim.
. fl('('ommporlpc! h
TLllll~ and (U,-uwfa['\
. Frcl' E"li:rr.rH0
LRV'S
Carpet Care
442-7174
rei/III""'!.) ,
host
Lonnh' n. \' aughan. O\-vner
TNoOo:Jh.."""""
C.~C1_"'gSr.'"
----
j
~~l
Gene
Be"
Shf
\
\
~.""
102 S. J(
442-2
Diane Poetsehke
Genene
by appt.
Kath~'
Fri. a-fl
and ~,al
WE'RE OPEN
Leu;;illg Avuilubl.
Lil' Bit Country
<.:ru:' ~ .\Ii1L;
442-3667
Owner 11 i ", Ballard
Susan Holbrook W~'lie_ Tx 750%
DULY PASSED Ai'D AP-
PROVED by the City C ouncii
of the City' of VVyiie. TexaE.
on this 23 day 01 June, 1992,
bv John" Akin
:L\la:vor
Attest: Carol~+n Jane::,;
Cjt~. Secretar~~
Approved as to F QrIT:
Steven r, Deiter
City Atrorne:,;
~"....I"
~
~
TOP QUALITY
FIREWORKS
AND
.~
PER 0 T~
-'.~
T-SHIRTS
Celebrate lndependence
(~!;\;~:~0::~; ~~'7.::~)
.., ... .......... .....~..
~
Bw~ 78 to 205. South 3/4 milt" on Ri~ht
4-1t.c
I'
0'''-,
,...,J-j
. -J<<'