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05-22-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, May 22, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Conference Room 2000 State Highway 78 North Wylie, Texas 75098 Action Taken Rev. John Thornton,Wylie United Methodist Church A Star•Student Recognition—Character Trait"Accountability" Presentation to the City Council by Park Master Plan Consultants. A Wallace Roberts&Todd—Presentation by Ken Howell,Bert Hoffman&Julie Luther. A Carter-Burgess—Presentation by Julie McCall A. Approval of the Minutes from the May 8,2001 Regular Meeting. B. Consider and act upon repealing Ordinance 93-55 prohibiting smoking in the Municipal Complex and approving regulations prohibiting smoking and the use of tobacco products in municipal buildings,facilities,and vehicles. 1. Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan. TABLED ITEMS—Public Hearings 2. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture (A) District to Planned Development (PD) District for Single Family Residential uses, generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298), being a 99.814 acre tract of land conveyed by deed from Plano-Wylie Road Limited to Frederick Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin County Deed Records, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning Case 2001-02) 3. Hold a public hearing to consider and act upon approval of a request for a Specific Use Permit for a Commercial Amusement/Indoor, located at 600 North State Highway 78, being a 0.0413 acre portion of Lots lA and 2A,Block B of the Railroad Addition, City of Wylie,Collin County,Texas. (Zoning Case 2001-03) Planning Items 4. Consider and act upon a Final Plat for the Twin Lakes Phase IV Addition, including a partial waiver of alleys, generally located south and north of Alanis Drive and east of South Ballard Avenue(FM 2514),to the east of Twin Lakes Phase I,being all of a certain 32.782 acre tract situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County,Texas. 5. Consider and act upon a waiver of alleys and a Final Plat for the Harvest Bend Phase H Addition, generally located southeast of Parker Road (FM 2514) and north of the Harvest Bend Phase I Addition, being all of a certain 16.371 acre tract situated in the W.D.Penny Survey,Abstract No.696,City of Wylie,Collin County,Texas. 6. Consider and act upon a waiver of alleys and a Final Plat for the Cimarron Estates Phase I Addition, including variances to the requirements for alleys and thoroughfare screening, generally north of Brown Street,east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition, being all of a certain 54.336 acre tract situated in the Francisco de la Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. Public Hearing 7. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture (A) District to Industrial (I) District, generally located north of West Kirby Street (FM 544) and west of Westgate Way, being a 3.66 acre tract situated in the E.C. Davisdon Survey, Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case 2001-04) grApearatiORDINMESilintEgiiiitiVXMONAITROVentreOthgeWAS IN ADDITION TO ANY SPECIFICALLY IDENTIFIED EXECUTIVE SESSIONS, COUNCIL MAY CONVENE INTO EXECUTIVE SESSION AT ANY POINT DURING THE OPEN MEETING TO DISCUSS ANY ITEM POSTED ON THIS AGENDA. THE OPEN MEETINGS ACT PROVIDES SPECIFIC EXCEPTIONS THAT REQUIRE THAT A MEETING BE OPEN. SHOULD COUNCIL ELECT TO CONVENE INTO EXECUTIVE SESSION, THOSE EXCEPTIONS WILL BE SPECIFICALLY IDENTIFIED AND ANNOUNCED. ANY SUBSEQUENT ACTION, AS A RESULT OF THIS EXECUTIVE SESSION,WILL BE TAKEN AND RECORDED IN OPEN SESSION. I CERTIFY THAT THIS NOTICE OF MEETING WAS POSTED ON THIS DAY OF , 2001 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 HAVE BEEN CONTACTED. THIS AGENDA IS ALSO POSTED TO THE CITY OF WYLIE WEBSITE AT WWW.CI.WVIIC.lx.US CITY SECRETARY/DCS DATE NOTICE REMOVED 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 TDD 972/442-8170. Page 2 of 2 MINUTES Wylie City Council Tuesday, May 8, 2001 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilman Joel Scott, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Councilwoman Reta Allen was absent. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Claude Thompson, City Planner,and Barbara Salinas,City Secretary. Councilman Joel Scott was asked to provide the Invocation and Councilman Eric Hogue was asked to lead the Pledge of Allegiance. ISSUANCVOCendine.AZISSOREEMEVIONNOttnaefittiaiiiiaiiimgammaiii.eisigni:::::::. The Mayor presented the Certificates of Election to Councilman Joel Scott, Place 1 and Councilman Eric Hogue, Place 3. AgmititattaKet'Moult The Mayor administered the Oath of Office to Councilman Joel Scott, Place 1 and Councilman Eric Hogue, Place 3. Councilman Eric Hogue made a motion to nominate Councilman Joel Scott as the Mayor Pro Tem. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Councilwoman Allen absent and Councilman Scott abstained. ::mattwrgio i r..:## ::. t:::tkawoivcvztx de t:ta:ba::r irWt#;:r : `..::: `uttrcft::r : f :ft: i ::. :ti avi:::*o :w_. A. Approval of the Minutes from the April 24, 2001. With the addition of the second by Councilman Young on Page 2, Item 1, Councilman Scott made a motion to approve the Minutes from the April 24, 2001 regular meeting. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent. :::;:,ENS:::ik: ::tiON:::>::::>::::>::::>::::::::>::::>::::::>::::>::>::»::>::>:<:>::»::>::>::>::>::>::>:<::<:>::>:<::s> 1. Consider and act upon repealing Wylie Ordinance Nos. 82-23, 93-17 and 95-26 and establishing an ordinance to provide regulations for the provision of wrecker service to the City of Wylie. Police Chief Jeff Butters addressed this item providing Council a brief background of the intent of the Ordinance that will provide regulations and provisions of a contracted wrecker service to the City of Wylie using a competitive bid process. Minutes of May 8,2001 Wylie City Council Page 1 Councilman Young made a motion to approve repealing Wylie Ordinance Nos. 82-23, 93-17 and 95-26 and establishing an ordinance to provide regulations for the provision of wrecker service to the City of Wylie. Councilman Scott seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent. 2. Consider and act upon an Ordinance establishing a license agreement with Aerie Network Services, Inc. Assistant City Manager, Ms. Mindy Manson addressed this item providing Council with a brief history of the request, stating that staff had come before Council last month for approval of a Right of Way agreement for installation of fiber optics within the City's Right of Way. Ms. Manson stated that this agreement establishes that the City is not liable to Aerie Network for any damages that are not "willfully or necessarily occasioned". Councilman Eric Hogue made a motion to approve the Ordinance establishing a license agreement with Aerie Network Services, Inc. Councilman Trout seconded the Motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent. 3. Consider and act upon appointment of a board of director to the North Texas Municipal Water District Board. City Manager, Anthony Johnson addressed this item stating that Mr. Harry Tibbals has been contacted and has agreed to serve another two-year term. He provided Council with a brief history of the necessity and benefit of an experienced board member, for this appointment to the North Texas Municipal Water District Board. Mr. Marvin Fuller, who also serves this board as the City's representative, was present and stated that Mr. Tibbals has served the board for approximately ten years. Councilman Joel Scott made a motion to approve the reappointment of Mr. Harry Tibbals to a two-year term expiring in May of 2003. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent. 4. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture (A) District to Planned Development (PD) District for Single Family Residential uses, generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298), being a 99.814 acre tract of land conveyed by deed from Plano-Wylie Road Limited to Frederick Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin County Deed Records, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning Case 2001-02) City Planner, Mr. Claude Thompson, addressed this item stating that the applicant has made a written request that Council table this item. Since the item was advertised for a Public Hearing the Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record and limit their comments to five minutes. There was no response. Minutes of May 8,2001 Wylie City Council Page 2 Councilman Scott then made a motion to table Item No. 4 until the May 22, 2001 meeting and to continue the public hearing at that time. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent. 5. Hold a public hearing to consider and act upon approval of a request for a Specific Use Permit for a Commercial Amusement/Indoor, located at 600 North State Highway 78, being a 0.0413 acre portion of Lots 1A and 2A, Block B of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case 2001-03) City Planner, Mr. Claude Thompson, addressed this item stating that the applicant has made a written request that Council table this item. Since the item was advertised for a Public Hearing the Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record and limit their comments to five minutes. There was no response. Councilman Scott then made a motion to table Item No. 5 until the May 22, 2001 meeting and to continue the public hearing at that time. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent. 6. Consider and act upon a Final Plat for the Cascades Apartments Wylie Addition, generally located east of Country Club Road (FM 1378) and south of Parker Road (FM 2514), being all of a certain 12.02 acre tract situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, and being a portion of The Cascade Companies, L.L.C. tract as described in Volume 4607, Page 1881 of the Deed Records of Collin County, Texas. City Planner, Claude Thompson addressed this item providing Council with a brief background of the project. There was a brief exchange of information between Councilman Young and Trout and Mr. Thompson regarding access, number of units and building height. Councilman Scott then made a motion to approve the Final Plat for the Cascades Apartments Wylie Addition, generally located east of Country Club Road (FM 1378) and south of Parker Road (FM 2514), being all of a certain 12.02 acre tract situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, and being a portion of The Cascade Companies, L.L.C.tract as described in Volume 4607, Page 1881 of the Deed Records of Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent. ................................................................................................................................................................................................................................................. There was no participation from those present. .................................................................................................................................................................................................................................................. .................................................................................................................................................................................................................................................. �� .>.`. 11RNAlli �i�'�`P`lflEr..« 'P �' R:a'W '� E A The captions for the approved Ordinances, Numbers 2001-21 and 2001-22, were then read into the record as required by City Charter, Article III, Section 13-D. Minutes of May 8,2001 Wylie City Council Page 3 With no further business to come before Council,the meeting was adjourned at 6:31 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of May 8,2001 Wylie City Council Page 4 WYLIE CITY COUNCIL CONSENT AGENDA ITEM B May 22, 2001 Issue Consider and act upon repealing Ordinance 93-55 prohibiting smoking in the Municipal Complex and approving regulations prohibiting smoking and the use of tobacco products in municipal buildings, facilities, and vehicles. Background In December 1993, Ordinance 93-55 was adopted prohibiting smoking in the Municipal Complex, the courtyard, and within 30' of the west, south, and east exterior walls of the building. The proposed new ordinance has two purposes. One, to more broadly address the health, safety, and welfare of citizens and city employees; and two, to promote a professional appearance of employees and those conducting businesses within municipal facilities. The proposed amendments include: (1) prohibiting smoking and the use of all tobacco products in all municipal facilities, including the courtyard of the Municipal Building; and (2) prohibiting smoking and the use of all tobacco products within City vehicles. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval. Attachments Ordinance (a/ii• "L. At._AO- Prepa d by evie e by Finance City Mana/Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE 93-55 OF THE CITY OF WYLIE, TEXAS, PROHIBITING THE SMOKING OR POSSESSION OF BURNING TOBACCO PRODUCTS AND ALL OTHER TOBACCO PRODUCTS IN CERTAIN PUBLIC AREAS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE MAXIMUM SUM OF A CLASS C MISDEMEANOR; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council recognizes the right and need of those who wish to breathe smoke-free air and finds and declares that smoking of tobacco, tobacco related products and tobacco substitutes, fillers and other plants or weeds is hazardous to the health of the general public. Accordingly it has been determined that the health, safety and welfare of the residents and employees of the city be furthered by the regulation of smoking in enclosed places and places of employment; and WHEREAS, the City Council recognizes that the use of other tobacco products is an imminent health hazard and leads to unsanitary and deleterious conditions within public buildings within the city as well as within the work place; and WHEREAS, the City Council further recognizes the importance of professional conduct within city facilities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Chapter 74, Section 74-2, "Smoking in the Municipal Complex" be repealed, and Chapter 74, Section 74-2 of the Wylie Code of Ordinances be hereby amended to provide for the prohibition of smoking and tobacco products in City buildings, facilities, and vehicles, to read as follows: "SECTION 74-2. Smoking and Use of Tobacco Products in Municipal Buildings, Facilities, and Vehicles. (1) DEFINITIONS. As used in this ordinance the following terms shall have the following meaning unless their content clearly indicates a different meaning intended. "City Building" means any building or facility owned, operated or leased by the City of Wylie, Texas. "City Vehicle" means any vehicle owned, leased or operated by the City of Wylie. "Smoke or Smoking" means the act of burning any tobacco product, weed, filler or plant of any kind. Any cigarette, cigar, pipe, hookah or water pipe or any other device. "Tobacco Product" means cigarette, cigar smoking, including any granulated, plug- type, crimp cut, ready rug or any form of tobacco suitable for smoking in a pipe or cigarette, or chewing tobacco, includes cavendish twist, plug, scrap or any kind of tobacco or tobacco derivative suitable for chewing, snuff or preparation of pulverized tobacco and any other article or product that is made of tobacco or having or containing a tobacco product. (2) USE IN CITY FACILITIES. No person may smoke or use any tobacco product in any City Facility, except as provided herein. Enclosed City buildings or facilities shall be subject to the pertinent provisions of this ordinance with no exception. Any persons at any city facility may use tobacco products or otherwise smoke tobacco products only at an area designated by the City Manager or his designee, provided that no city employee shall go into such area to smoke except during authorized breaks or lunch periods. (3) USE IN CITY VEHICLES. No person shall, at any time smoke or use any tobacco product, as defined herein, in any or while using any city vehicle. (4) POSTING OF SIGNS. Any smoking or tobacco use sign or no use tobacco signs with letters of not less than one inch in height shall be conspicuously posted in every room, building or other place where smoking or the use of tobacco is controlled by this ordinance, by the owner, or by the city and/or person having control of such premises. Such signs may have additional or different wording to explain the applicable rule in a particular area, room or location. (5) ENFORCEMENT PROCEDURES, INFRACTIONS AND PENALTIES. (a) The City has the right to inform persons violating this ordinance that they shall be guilty of a Class C misdemeanor. (b) Any citizen who wishes to register a complaint hereunder may initiate enforcement through the municipal court. (c) Enforcement shall be implemented by the city manger or through a city staff person designated by him. Such person shall have authority to issue persuasive letters or citations based upon reasonable cause in a manner most suitable to the particular incident." SECTION 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. SECTION 3. PENALTY. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a Class C misdemeanor. Any person violating any provision of this ordinance may, in addition to a fine or in lieu of a fine, be given such terms of probation as appropriate by a Court of competent jurisdiction. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 22nd day of May, 2001. John Mondy, Mayor City of Wylie ATTEST: Barbara Salinas, City Secretary City of Wylie, Texas WYLIE CITY COUNCIL AGENDA ITEM NO. I. May 22, 2001 Issue Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan. Background The existing Park Master Plan was adopted by the City Council in January 1996. The Plan has been actively utilized since that time to determine the future location for park and recreation facilities in the community. The Master Plan serves as the basis for the decisions regarding the review of new development to determine if the developer is to provide parkland dedication or to pay fees in lieu of dedication. Two consulting firms, Wallace Roberts & Todd and Carter-Burgess, will be making presentations to the Council during a worksession. Major elements of the plan will include identification of existing inventory, a needs analysis, and recommendations for plan implementation. Other Considerations N/A Financial Consideration Funding for the preparation of the Park Master Plan was approved as a mid-year budget amendment, and is supplied through the 4B 1/2 cent sales tax proceeds. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments N/A Prep d by Rev' ed by Finan e City a age proval WYLIE CITY COUNCIL AGENDA ITEM NO. 2i May 22, 2001 Issue Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture (A) District to Planned Development (PD) District for Single Family Residential uses, generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298), being a 99.814 acre tract of land conveyed by deed from Plano-Wylie Road Limited to Frederick Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin County Deed Records, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning Case 2001-02) At their May 8, 2001 meeting, the City Council tabled consideration of this request until their May 22, 2001 meeting. Background The applicant is requesting rezoning of the subject property in order to develop a single-family residential subdivision. The subject property contains a total of 99.814 acres of land, and fronts approximately 1,662 feet along Country Club Road. The property is unplatted and is zoned for Agriculture (A) uses. The property to the north of the tract is zoned Planned Development District for Single Family Residential uses (PD 99-31) and is developing as the Riverchase Addition Phase Two with minimum lots of 7,200 square feet (although most exceed 8,000 sq. ft.). The property to the east across Country Club Road is zoned Single Family Residential-2 (SF-2) and currently developing as the Quail Meadow Addition with minimum lots of 8,500 square feet (although most exceed 9,000 sq. ft.), and Single Family Attached (SF-A)which is currently undeveloped. The adjoining property to the south is undeveloped and zoned for Agriculture(A)uses. The property to the west is undeveloped and is within unincorporated Collin County but is within Wylie's Extraterritorial Jurisdiction. Public Comment Forms were mailed to fifteen(15) property owners within 200 feet of this property. One Public Comment Form has been returned in favor of the request. Financial Considerations The rezoning application fee has been paid. The applicant is aware that the property must be platted and impact fees paid prior to initiation of development. Other Considerations 1. The Comprehensive Plan recommends Suburban Residential uses for this property. Suburban Residential is defined by the Plan as allowing single family detached houses on lots ranging in size from a minimum area of 8,500 square feet to one acre, served by urban streets with curbs and gutters and sidewalks. Dwelling units must also be within 3,000 feet walking distance of the retail/institutional village Center and provide clearly defined, effective pedestrian linkages to it. The requested zoning change is generally consistent with these recommendations of the Future Land Use Plan. 2. However, the recently revised Residential District provisions of the Zoning Ordinance classifies single family residential lots of 8,500 square feet within the Village Residential Districts, which are intended to be located more immediately adjacent to the nonresidential Village Centers (suggesting that no dwelling be more than 1,300 feet distance). Suburban Residential Districts within the new Zoning requires lots of 10,000 square feet or larger. Neither the distance of the property from the nearest village retail center(on Country Club Road at McMillen Road) nor the proposed lower density of the subject request is consistent with this intent of the Zoning Ordinance. 3. The newly adopted Residential District Provisions of the Zoning Ordinance establish a flexible point system with which all developments must comply in order to obtain approval for construction. These provisions list certain Base Design Standards which all developments must meet, and provide several optional Desirable Design Standards from which the developer may choose in meeting a given required total number of points before a development may be approved for construction. The following compares the proposed special development requirements of the Planned Development District with standard provisions of the Zoning Ordinance. a. The minimum lot size proposed by the PD is approximately 9,125 square feet, compared to the 8,500 square feet minimum required by the ZO. b. The minimum house size proposed by the PD is 2,000 square feet, compared to the 1,700 square feet required by the ZO. c. The PD proposal includes some curvilinear streets, which are Desirable elements for which points are achieved within the new ZO criteria. d. The PD proposes a landscaped entry feature with landscaped street median as well as a 20 feet wide exterior landscape and lighted buffer for the sidewalk linking the development to the Village Center, which are Desirable elements for which points are achieved within the ZO. e. The PD proposes a Mandatory Homeowners Association for maintenance of all open space and landscaping, whereas HOAs are not a consideration of the ZO (although such are logically required for maintenance of desired common areas). f The PD proposes 8.5 feet wide interior side yard setbacks and fifteen feet side yards adjacent to streets, whereas the ZO now requires 10 feet for interior side yards and twenty-five feet for side yards adjacent to streets. 4. The only change in the lot configuration requirements between the old SF-2 District and the new SF-8.5 is an increase in the minimum required side yard from seven feet to ten feet. The direct consequence of this change is the decrease in the width of the house building pad in favor of increased side yard open space. The applicant has stated that the development will conform to or exceed all requirements of the new SF-8.5 District except for the side yard width, and is proposing the PD for the primary reason of allowing this change in the side yard regulation. He states that the wider house front allowed by the narrow side yard is required by builders of larger houses and desired by buyers of these larger dwellings, and is therefore an industry standard. 5. The lot sizes, yard setbacks and house sizes of the proposal are consistent with development trends on adjacent properties. 6. Funds will be paid to the City in lieu of land to satisfy the park dedication requirements, in order to avoid the proliferation of small park sites which are less efficient for recreational use and more costly to maintain. A small amenity center will be operated and maintained by the HOA. 7. The stated function of Planned Development Districts is"to permit flexibility in the use and design of land and buildings in situations where PD modification of specific provisions of the Zoning Ordinance are not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood." The proposed PD is obviously primarily intended to achieve a variance of the required side yard setback and offers no flexibility or innovation greater than that provided by the standard requirements of the Zoning Ordinance. Board/Commission Recommendations At the April 17, 2001 Planning and Zoning Commission meeting, the Commission voted 4-1 to approve the zone change request with the stipulation that the lot widths be changed to 73' and the side yards be changed to 8.5'. Staff Recommendations Denial. Although the proposal is consistent with the Comprehensive Plan, the requested reduction in side yard width will not create the image of wider lots with greater open space between narrower houses which the recent revisions of the Zoning Ordinance are intended to create. The proposed Conditions of the PD offer little innovation other than the options offered by the provisions of the ZO. The Departments of Development Services, Public Works, and Fir concur with this recommendation. Attachments Ordinance Exhibit "A" - Conditions of the Planned Development District (attached to Ordinance) Concept Plan .h/All _ Prepar:d by Revi d by Financ City Manger ;'•proval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING'1'HE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, COUNTRY RIDGE ESTATES - ZONING CASE NUMBER 2001-02 TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A and B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2001. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary EXHIBIT "A" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT COUNTRY RIDGE ESTATES WYLIE, TEXAS General Conditions: 1. This Planned Development District shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 2. All regulations of SF-8.5 District set forth in Article 2, Section 3.3 A.3 of the Comprehensive Zoning Ordinance (adopted as of July 25, 2000) are included by reference and shall apply except as provided herein. Special Conditions: 1. The side yard setback shall be not less than eight and one-half(8 1/2)feet on each side. A side yard adjacent to a street shall be not less than fifteen (15) feet. 2. Mandatory Homeowners Association. 3. All open space and landscape to be maintained by the Homeowners Association. 4. Minimum house square footage shall be 2,000 square feet. 5. Twenty-foot landscape buffer with a four-foot walk. 6. Landscape entry feature with landscape median. 7. Minimum lot width of seventy-three (73) feet at the building lot. WYLIE CITY COUNCIL AGENDA ITEM NO. A . May 22, 2001 Issue Hold a public hearing to consider and act upon approval of a request for a Specific Use Permit for a Commercial Amusement/Indoor, located at 600 North State Highway 78, being a 0.0413 acre portion of Lots 1 A and 2A, Block B of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case 2001-03) At their May 8th meeting, the City Council tabled consideration of this request until their May 22, 2001 meeting. Background The applicant is requesting a Specific Use Permit (SUP) in order to install and operate an Indoor Commercial Amusement (video game room) in approximately 1,800 square feet of leased space within an existing retail center. The applicant anticipates operation of up to forty-five video games, as well as various service-products vending machines. Although the complex has been developed and operated as a unified retail center(First Wylie Center), it has never been platted as a single or separate parcel of record, and the center occupies Lots 1 A, lB and 2A of the Railroad Addition. The subject property is platted as Lots 1A and 2A. The subject property is zoned for Retail (R)uses. Indoor and Outdoor Commercial Amusements are allowed within the Retail District with an approved Specific Use Permit. The SUP is intended to establish development and operational conditions for the specific site and use which assure that the operation is "harmonious and adaptable to building structures and uses of abutting property". Public Comment Forms were mailed to fourteen(14)property owners within 200 feet of the request. Eight Comment Forms have been returned, seven (or 50%) were in opposition to the request. Section 211.006(d) of the Local Government Code requires the affirmative vote of at least three- fourths of all members of the governing body to approve a proposed change in zoning when such change is protested by at least 20% of the land owners within the 200 feet notification area. Financial Considerations The rezoning application fee has been paid. The applicant is aware of the City of Wylie's annual Coin-Operated Machine Tax of$7.50 per machine. Other Considerations 1. On-site parking is not sufficient to serve both the proposed game room and the current tenants of the retail center. There are 69 existing parking spaces within the center, and the current tenants require 62 spaces. The proposed game room will require an additional 30 spaces. (See attached Analysis of On-Site Parking). 2. The retail center has four drives for access/egress onto State Highway 78 and one onto Fifth Street. The close proximity of these drives does not comply with current design standards, and creates the potential for vehicular circulation conflicts both within the center's parking lots and on S.H. 78. The significant additional traffic generated by the proposed game room will aggravate this conflict. 3. The proposed conditions of the Specific Use Permit establish specific limits of the operation, including maximum floor area and number of machines, currency exchange and prize redemption, time of operation and age of participants. 4. State Law requires the affirmative vote of at least three-fourths of all Council members to approve the change in zoning because at least 20% of the land owners within the notification area have protested the change and because the Planning & Zoning Commission has recommended denial. Board/Commission Recommendations At the April 17, 2001 Planning and Zoning Commission meeting, the Commission voted 5-0 to deny the Specific Use Permit request due to insufficient parking. Staff Recommendations Denial. There is insufficient on-site parking to support the proposed use. The Departments of Development Services, Public Works, and Fire concur with this recommendation. Attachments Analysis of On-Site Parking at First Wylie Center Ordinance Exhibit "A" - Conditions of the Specific Use Permit and Site Plan (attached to Ordinance) / lei 1 .�.� Prepares by evie er by Finance City Mal pproval ANALYSIS OF ON-SITE PARKING AT FIRST WYLIE CENTER USE REQUIRED PARKING BUILDING 1 Cleaners 2,025 s.f. @ 1/200 10 Donuts 11 seats @ 1/3 4 Barber 900 s.f. @ 1/200 5 Tobacco 675 s.f. @ 1/200 3 22 BUILDING 2 Restaurant 84 seats @ 1/3 28 Pizza 7 seats @ 1/3 2 Tax 675 s.f. @ 1/300 2 [Game Rm 1,800 s.f. @ 30] [30] 32 or [62] BUILDING 3 Clothing 1,950 s.f. @ 1/400 5 Pizza 0 seats 0 5 BUILDING 4 Plumbing 1,024 s.f. @ 1/300 3 Vacant 2,144 s.f. 0 3 TOTAL PARKING REQUIRED = _ 62 TOTAL PARKING PROVIDED 69 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NO. 2001-03 TO R(S), RETAIL DISTRICT CLASSIFICATION WITH A SPECIFIC USE PERMIT FOR INDOOR COMMERCIAL AMUSEMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of R(s), Retail District Classification with a Specific Use Permit for a private club serving alcoholic beverages, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2001. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary , ? . ...--...<\, . IL) • t• / ",<• •,4. ; ...-..• • !......• 1 •-7.-;.k.\ ' 1. • . .• • . , .11. . 1 . .• r : • . ' . 1 / / /7 • . • ' i >, ,4),/ 1 : • . . t • • ___..., N .111:- ) i , .4 i _____ • , .r. 4 , \0 ('). 4L / ! e'1P. ..- .' .„ . / —.1-•-• /74 .6.e..E fe ,c(, %.', . ./ t .A ,..• _______ ..,... " _. _ -...:... . •cP" / vp\i ‘,.. ,e--. 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(4 ••, 1 .. 1 •V 1 I WYLIE CITY COUNCIL AGENDA ITEM NO. A May 22, 2001 Issue Consider and act upon a Final Plat for the Twin Lakes Phase IV Addition, including a partial waiver of alleys, generally located south and north of Alanis Drive and east of South Ballard Avenue (FM 2514), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The Final Plat for Phase IV of the Twin Lakes Addition includes 32.782 acres and will create a total of 103 lots. On April 24, 2001, following a recommendation of denial by the Planning and Zoning Commission, the City Council denied approval of a Final Plat of the Phase IV addition because it did not include alleys. Section 2.9 of the Paving Standards states that "Alleys shall be required in all residential areas and shall be paved with concrete. The City Council may waive the residential requirement upon determination by the Council that it is in the best interest of the City." The portion of the subject Phase IV addition which is north of Alanis Drive is zoned Single-Family Residential — 3 (SF-3) and creates 35 lots of a minimum size of 7,200 square feet. These lots are adjacent to Phase III of the Twin Lakes Addition which was constructed, accepted by the City Council and filed with the County in November of 2000 without alleys. On May 1, 2001, the Planning and Zoning Commission recommended approval of a waiver of alleys for these 35 lots north of Alanis because the addition of alleys would be inconsistent with the existing development of the neighborhood street which these lots complete, and utilities and drainage have been appropriately addressed in easements. The portion of the subject addition which is south of Alanis Drive is zoned Single-Family Residential —2 (SF-2) and creates 68 lots of a minimum size of 8,500 square feet. Most lots significantly exceed these required minimums. No alleys are provided to serve the 21 lots in Block N back onto a 90-foot wide drainage easement and open channel. Neither the 1987 nor the 1998 approved Preliminary Plats anticipated alleys for these lots. Phase I of the Twin Lakes Addition was initially platted and developed prior to 1987, and that phase incorporated alleys. A Preliminary Plat for Phase II, which includes the area currently under consideration as Phase IV, was approved in 1988, but no final plats were approved and no further development occurred at that time beyond the Phase I. Another version of a Phase II Preliminary Plat for the overall tract, very similar to the 1988 version, was approved by the City Council in February of 1998. That 1998 Preliminary Plat included alleys throughout the entire addition except for those backing along the drainage channel. However, two subsequent Phases of the Twin Lakes Addition have been approved and developed without the required alleys. A smaller Phase II was completed in August of 1998 and Phase III was completed in November of 2000. The public infrastructure was accepted by the City and Final Plats were filed with the County for both Phase II and III with no alleys. Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid before a Final Plat can be filed with Collin County. Water: $72,100 Sewer: $145,436 Other Considerations 1. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal unless it is disapproved within that time period". 2. The Final Plat does substantially conform to the approved 1998 Preliminary Plat, except for the absence of alleys in the portion north of Alanis for which the Planning and Zoning Commission has recommended a waiver of the alley requirement. The Plat also complies with all applicable technical requirements of the City of Wylie. 3. The normal functions of alleys, drainage and public and private utilities, are adequately accommodated in easements. Board/Commission Recommendations At the May 15, 2001 Planning and Zoning Commission meeting, the Commission voted 7-0 in favor of the Final Plat. Staff Recommendations Approval. Drainage and utility functions are adequately accommodated by other measures. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Final Plat r. s, i�11 • _ter,„ 6A.�. 9 Prepar,d by ♦ Revie ,y Finance City Man proval Apr 24 01 01 : 53p ZENA 8174216910 p. 2 iMlizgNA vsof, April 26, 2001 Mr. Claude Thompson Director of Planning City of Wylie 2000 Ilwy. 78 North Wylie, Texas 75098 Re: Twin Lakes, Ph IV Partial Alley Waiver Dear Claude, Please accept this letter as my formal request for an "Alley Waiver" to accompany our Plat to be placed on the Planning & Zoning agenda for May 1st, 2001 for a portion of our proposed Twin Lakes Phase Four development. Lena Land Development is requesting the consideration of an Alley Wavier for lots 16 thru 30, block L.; and lots 78 thru 97, block E. This portion of Phase Four is located north of Alanis Blvd. as shown on Exhibit attached. I respectfully request your assistance in placing this item on the P&Z agenda. If you should have any questions please contact me at (817) 269-8528. Sincerely, Zerra Lan velg.7ent LP Robert J. etancur Director of Development and Construction P.O. Box 92864, Southlake,Texas 76092 Metro(817)424-1392 Fax (8171 421-6910 Apr 24 01 01 : 53p ZENA 8174218310 p. 3 C0r11N ENGINEERING PAGE 02 04/26/2031 11:13 9723g54987 R _ -- ._ -q I • ti !.' i°1„,`i"5 I:5 I il!II i: I I 14 I:1 ' 7 x 3 . r flJ I 110 -- ' ?1* - 0 f1I- 7 1 I _ _ .- 1 _ __-I i - - ---I 1 , --Ig 1 - . 1,13- -- --'. 7 -- . ---1 i . Nil i /IV -id Uir4-- ****** A r _ _._, _A tall ..,_ 411, Ar . . ET ! ArAll*• / -+�`tI-4 Cr i / 7Y1 -\- .4 \--\ V % / a-1 C S 1 I - . a ._J r 1 - �- --J L a - 1 -7/\7\ (:\ 1 _ - 11- I _ I I I;i� ).# - --II a— 2 WYLIE CITY COUNCIL AGENDA ITEM NO. ___6_,_ May 22, 2001 Issue Consider and act upon a waiver of alleys and a Final Plat for the Harvest Bend Phase II Addition, generally located southeast of Parker Road (FM 2514) and north of the Harvest Bend Phase I Addition, being all of a certain 16.371 acre tract situated in the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas. Background The Final Plat for Phase II of the Harvest Bend Addition includes 16.371 acres and will create 67 lots. The property is zoned Single-Family Residential —3 (SF-3), requiring a minimum lot size of 7,200 square feet. The Preliminary Plat for the overall Harvest Bend Addition was approved by the City Council in October of 1998. A Final Plat for Phase I was approved by the Council and filed with the County in May of 2000, and is currently being developed for Single-Family— 3 Residential (SF-3) lots of a minimum 7,200 square feet. That 1998 Preliminary Plat did not include alleys and Phase I was accepted and is being developed without alleys. The development of Phase I of Harvest Bend required a significant amount of off-site sanitary sewerage, including the construction of an additional pump station, at the expense of the developer, because the City system was inadequate to support the development at the time. This additional system is, in part, already installed within the street rights-of-way to be created and dedicated to the City within the subject Phase II. The pump station is to be dedicated to the City as Lot 19A of Block B of the Phase II. Section 2.9 of the Paving Standards states that "Alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys for both Phases. However, neither the City staff nor the applicant has been able to document the issuance of such an alley waiver. The applicant is requesting a waiver of the alley requirement and approval of the subject Final Plat of Phase II. Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid before a Final Plat can be filed with Collin County. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Plat does not comply with the Subdivision Regulations of the City of Wylie. 2. Alleys were not anticipated in either the approved overall Preliminary Plat which includes the subject phase or the accepted and filed Final Plat for Phase I. It is the conclusion of staff, that the addition of alleys at this stage of review, while required by the code, will be contrary to the spirit and philosophy of the earlier reviews and approvals and will result in a significant reduction in the number of lots created by this Phase, as well as the disruption of the water and sanitary sewer facilities already installed, and will thereby create an undue hardship on the City as well as the applicant. 3. Both public and private utilities, drainage and vehicular access/egress, functions normally accommodated by alleys, are adequately accommodated within streets, easements or by other means for the subject development. Therefore, alleys are not needed. 4. Section 5.03 of the Subdivision Regulations requires that residential lots backing onto a dedicated roadway be screened. This requirement will be accomplished by the installation and maintenance of a living screen on private properties, in compliance with a condition incorporated into the Council's approval of the Preliminary Plat. Board/Commission Recommendations At the May 1, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to approve the Final Plat and alley waiver with the following stipulations: • The perimeter screen note be revised to require that an 8-foot wood board or board fence between masonry columns, spaced approximately 100-feet on center be installed to the inside of the live screen hedge, and that the live screen be other than Red Tip Photinia. • Both fence and hedge to be located on private property and installed by the developer and maintained by the private property owner. Staff Recommendations Approval of the Final Plat as submitted without alleys. The Plat is consistent with the approved Preliminary Plat and with the extension of Phase I, and utilities and drainage are appropriately accommodated by means other than alleys. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Final Plat Prepay•d by Rev' d by finance City Man e proval FROM : DAI FAX NO. : 9727719005 Apr. 24 2001 01:25PM P2 DOUPHRA'I'E & ASSOCIATES, INC. F'NGINEERING PRO)f:CTMANAGEMENT SURVEY'lNG 3235 RIDGI•.ROAD SUITE 200 ROCKW ALL, TEXAS 73087 TEL 97'2 271.4004 FAX 972771.9005 April 23, 2001 Mr. Claude Thompson Planning Director 2000 Highway 78 North Wylie,Texas 75098 Re: Harvest Bend Phase JI Final Plat Mr. Thompson: For your information, our office received the comments provided by the Development Review Committee with regards to the Harvest Bend Phase 11 final plat submission. Our client, B Fi D Land, L.C./Harlan Properties Inc., respectfully request a waiver to the following comments: 1. Revise the plat to include alleys 2. Construct a screening wall along FM-2314 frontage The reasons why these waivers are being requested arc as follows: 1. Harvest Bend Phase iI Final Plat is identical to the preliminary plat which has been approved by the City Council and filed of record with the City's planning department. 2. The engineering design for both Phase I and II has been completed and approved by the City's staff. 3. As part of the utility sanitary sewer design,our staff worked in conjunction with the City's Staff to construct an offsite sanitary sewer line, so that both Phase I and JI would be served adequately with the present design and lot layout. Changing the lot configuration could adversely affect the sanitary sewer presently in operation. 4. When the property was originally preliminary platted alleys were never a consideration with. the City Staff or Developer. Alleys, therefore, were not a requirement to complete the project. The Developer would never have started the project had alleys been a requirement. FROM : DA1 FAX NO. : 9727719005 Apr. 24 2001 01:27PM P3 5. It was the Developer's instruction from the City's staff that a live screening wall was allowed and acceptable with both Phase I and II. Again, a masonry screening wall request was never discussed as a requirement of the City Staff and therefore never budgeted for this project. In summary, your consideration of these waivers would be greatly appreciated. Should any questions arise regarding this matter please call. Sincerely, .,,,. W. L. ouphrate tl, P.E. cc: Bill Wait WYLIE CITY COUNCIL AGENDA ITEM NO. . May 22, 2001 Issue Consider and act upon a waiver of alleys and a Final Plat for the Cimarron Estates Phase I Addition, including variances to the requirements for alleys and thoroughfare screening, generally north of Brown Street, east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition, being all of a certain 54.336 acre tract situated in the Francisco de la Pina Survey-Abstract No. 688, City of Wylie, Collin County, Texas. Background The Final Plat for Phase I of the Cimarron Estates Addition includes 54.336 acres and will create 165 lots. The property is zoned Single-Family Residential — 2 (SF-2), requiring a minimum lot size of 8,500 square feet. The Preliminary Plat for the overall Cimarron Estates Addition was approved by the City Council in January of 2001. The subject Final Plat substantially conforms to the earlier approved Preliminary Plat. Section 2.9 of the Paving Standards states that "Alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." Alleys are provided throughout the proposed addition, except for those lots which back on to Brown Street and those which back on to the business-zoned properties fronting new State Highway 78. A recommendation of approval of the Plat as submitted will constitute a recommendation of a waiver of the required alleys for Lots 1 through 8 of Block K, Lots 35 through 42 of Block J and Lots 17 through 42 of Block F. Section 5.03 of the Subdivision Regulations states that "Where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his sole expense." The required screening will be located on the private lots. In order to provide a unified screen, the applicant has agreed to construct masonry columns at the front/side building lines of lots siding on to Anson Parkway so that individual fences may be affixed to these, and to connect the columns across the cul-de-sacs with wrought iron fencing. The applicant has indicated agreement to install a wood fence along Brown. A recommendation of approval of the Plat as submitted will constitute a recommendation that the required screening be provided as described above. Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid before a Final Plat can be filed with Collin County. Other Considerations • The Final Plat substantially conforms to the approved Preliminary Plat. However, as submitted without alleys to serve all lots, the Plat does not comply with the Subdivision Regulations of the City of Wylie. The Plat complies with all other requirements of the code. • The waiver of alleys, as well as the provision of unified screening of lots backing and siding on to thoroughfares, will be made a condition of approval of the Final Plat as submitted. Board/Commission Recommendations At the May 1, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to approve the Final Plat. Staff Recommendations Approval of the Final Plat as submitted, including as conditions of approval the waiver of alleys serving Lots 1 thru 8 of Block K, Lots 35 thru 42 of Block J and Lots 17 thru 42 of Block F, and the provision by the developer of a wood screen fence along Brown and masonry columns and wrought iron fencing at the cul-de-sacs abutting Anson. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat AIL irke.0 Prepare. by Revi d by Finance City Man pproval WYLIE CITY COUNCIL AGENDA ITEM NO. tr. May 22, 2001 Issue Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture (A)District to Industrial (I) District, generally located north of West Kirby Street (FM 544) and west of Westgate Way, being a 3.66 acre tract situated in the E.C. Davisdon Survey, Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case 2001-04) Background The applicant is requesting rezoning of the subject property in order to relocate his business to the subject site. The applicant has stated that initially he will restore and utilize the existing house for office uses and the barn for storage of equipment used in his business. He states that he intends ultimately to construct a new office/warehouse on the property. The subject property is not platted and is zoned for Agriculture (A) uses. There is an existing but vacant house and barn on the property. It contains 3.66 acres, and fronts 215 feet along W. Kirby Street and backs to the railroad right-of-way. The adjoining property to the east of the subject tract is unplatted, undeveloped and zoned Industrial (I) uses. The property to the west is zoned for Agriculture(A)uses and is undeveloped and occupied by an extensive floodplain which limits development potential. The property to the north, across the railroad corridor, is undeveloped and zoned for Agriculture (A) uses. The property to the south across W. Kirby Street is zoned Industrial (I) and is developed for such uses (Sanden). Public Comment Forms were mailed to ten (10) property owners within 200 feet of this request. Four Public Comment Forms have been returned, and all were in favor of the request. Financial Considerations Rezoning application fee - Paid Other Considerations 1. The Future Land Use Plan of the Comprehensive Master Plan recommends Business Center uses for the subject property. The Plan defines this new Business Center as accommodating "professional office and clean manufacturing/assembly". The applicant intends to use the property for the central office of his business, the nature of which takes his service to outlying work sites with little or no traffic to or from the office. All equipment will be stored inside the renovated barn. The proposed use conforms to the recommendations of the Comprehensive Plan. 2. The proposed office/warehouse use is more compatible to the heavy traffic of the W. Kirby corridor than would be alternative professional services offices and retail uses. 3. The subject property was once under single ownership with the tract to the west, which is occupied by a development-limiting floodplain, and to the north, separated by the rail corridor. These constraints limit the coordinated development of the original larger tract as a whole. 4. Approval of a site plan and plat is required before an occupancy permit can be issued. Board/Commission Recommendations At the May 1, 2001 Planning and Zoning Commission meeting, the Commission voted 5-1 to approve the zone change request. Staff Recommendations Approval of the rezoning. The proposal is consistent with the mixed-use intent of the Business Center category of the Comprehensive Master Plan as well as the existing industrial uses of the adjacent properties. The Departments of Development Services, Public Works, and Fire concur with this recommendation. Attachments Location Map Ordinance ' Al - Prep. ed by ' evi, by Finance City Mana er proval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NUMBER 2001-04, TO I, INDUSTRIAL DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property within the City of Wylie a zoning classification of B-1, Business (Parcel 4), and I, Industrial (Parcels 1 & 3) District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2001. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary . , ; __/ L_____ \ \ \ )V i ! i all i al i . ini.. n ersopyi eEEE rT__?_.Tne L.._...i Fro.on =pm IN . In c an :EN 0 WI lit-. .4--. ( co 012,:lin Subject ; ...: i J i 1 i i i i i : i !i i ! i i ! i i i i J i i _.._.. .._.._.. _._.. _._.. .. ..____ _ _ _ _ .._.._.._.._.._ . ._.. 1 1 i 1 1 i i i: Business Way i. i i 1 ii \\ i lill i i , ! i i ! i i , i i ,. ,. : L.._.._..--..-...-----i ! • . 4 F F. M . 544 i ._.._.._.. i i Ole i 90e, i 1.... i 0 i> (1) i D i 0 CC) i .... i .... .. ,...< . _.._.._.. i . ..,..../",i . c- LOCATION MAP ZONING BOARD CASE #7 _001 _04 GLAST, PHILLIPS & MURRAY A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS 2200 ONE GALLERIA TOWER DOWNTOWN DALLAS 13355 NOEL ROAD,L.B.48 (214)220-3128 DALLAS,TEXAS 75240-6657 DONALD O.WALSH (972)419-8300 HOUSTON dwalshegpm-law.com TELECOPIER(972)419-8329 (713)237-3111 May 15, 2001 VIA FACSIMILE NO. 972-442-8154 Ms. Lisa Price City of Wylie 2200 Highway 78 North Wylie, Texas 75098 Dear Ms. Price: This will confirm the substance of my telephone request for information. Please provide me with the following information concerning the City's Paving Standards as soon as possible: 1. The date the Paving Standards were adopted. 2. The manner of adoption(i.e., resolution, ordinance, order, etc.) 3. Whether or not there was any public hearing concerning the standards prior to adoption. 4. Whether there was any published notice prior to the hearing and/or adoption of the Standards and, if so,what was the content of the notice, and where and when was it published. 5. Was Section 2.9 of the Standards ever amended? If so, please provide the date and content of the amendment and any public hearing and notice information you have. Lisa Price Page -2- May 15, 2001 Thank you very much for your attention to these requests. If you have any questions, or require any further information,please let me know. Sincerely, GLAST, PHILLIPS & MURRAY 6t12 Donald O. Walsh DOW:dcj cc: Richard Abernathy (via fax)