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10-08-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, OCTOBER 8, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken VielantnanaliMEMENEMEMENEEMENEMESSOMMEMEMEN • WISD Character Education Recognition of Star Students for exhibiting`Responsibility' coNsoTAGENDAsommiammummimammommommomommangoomm . . <> :::. :.. : :::be<: :::...- :it :::: : 'll bYtnitaiti ' :.....tiff±•::.iiY.iii::.....iiii4:•:;:iiij-ii•::::::::::-:;.:-.i::::::::.i:::::;::::F :.....ei...........i:.: ::. ...........a....._. :-.. A. Consider and act upon a Replat for Lots 1R and 2R of Block 34 o1'the Railroad Addition,being a replat of Lots 1, 2,3,4, 5, 6 and 7 of Block 34 of the Railroad Addition, and being situated in the S.B. Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. B. Consider and act upon a Final Plat for the Woodbridge Phase 6 Addition, being situated in the Richard Newman Survey,Abstract No. 1072,City of Sachse and City of Wylie,Dallas County,Texas. C. Consider and act upon a Final Plat for the Woodbridge Phase 7B Addition,being situated in the Richard Newman Survey,Abstract No. 1072,City of Sachse and City of Wylie,Dallas County,Texas. ::CO SW ERA ->::> ': :::>:> E ::::> ::> >`:< < > I E :> > >'. :.::.;:.;::.;.. IIMEM Tabled Items 1. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential (SF- 8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and east of the existing Southplace Estates Phase IV Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23,City of Wylie, Collin County, Texas. (Zoning Case 2002-08). Discussion of this item was tabled and the public hearing continued from the September 24te Council meeting in order to allow the applicant to consider certain amendments recommended by the Council. Executive Summary This item was tabled at the September 24,2002 City Council Meeting after Council made recommendations to the applicant. The applicant is requesting rezoning of the subject 12.754 acres to Planned Development (PD) District in order to continue development of the Southplace Estates single-family residential neighborhood in a manner comparable to the existing development. With adoption of the new City-wide Zoning Ordinance and Map in February of 2002,the subject property was rezoned from Single Family-2 Residential to Single-Family 8.5/17 Residential. Both the SF-2 and SF 8.5/17 Districts require a minimum lot size of 8,500, but dwelling size and other regulations differ. Staff is recommending approval of the requested rezoning. 2. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential (SF- 8.5/17) and Neighborhood Services (NS) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and south of the existing Southplace Estates Phase I Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County,Texas,and being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2002-09). Discussion of this item was tabled and the public hearing continued from the September 24th Council meeting. Executive Summary This item was tabled at the September 24,2002 City Council Meeting. The applicant is requesting rezoning of 10.129 acres to Planned Development(PD)District in order to serve as the new entry and expand the Southplace Estates single-family residential neighborhood in a manner comparable to existing development.Staff is recommending approval of the requested rezoning. Approval of Ordinances 3. Consider and act upon approval of an Ordinance releasing approximately 14.78 acres of land from the Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County, being located northeast of the Troy Road intersection with Vinson Road,being situated within the L.B. Outlaw Survey,Abstract No. 173,Rockwall County,Texas. Executive Summary The subject property is the northwestern portion of a larger 19.456 acre tract which is currently located entirely within unincorporated Rockwall County,but is also within the Extraterritorial Jurisdiction of three separate municipalities. The subject 14.78-acre tract abuts the City of Wylie corporate limits within Troy Road and is within Wylie's Extraterritorial Jurisdiction,and is therefore subject to the platting regulations of the City of Wylie. The eastern 3.3 acre portion of the property, fronting on to the City of Dallas and Lake Ray Hubbard shoreline,is within the City of Rowlett Extraterritorial Jurisdiction,and subject to the Rowlett platting regulations. A 1.3 acre strip,a 100 feet wide utility easement dissecting the property diagonally from southwest to northeast,lies within the City of Garland corporate limits and is occupied by the Garland Power and Light(now TU-Electric) electric transmission lines and is otherwise undevelopable. The current and prospective future owners desire to develop the total 19.456 acres for single-family residential uses and according to the regulations of a single governmental jurisdiction rather than the current three differing jurisdictions and regulation. Initially desiring te, annex the entire 19.456 acre tract into the City of Wylie for such common development control,the owners sought release to Wylie's jurisdiction of those portions within Garland and Rowlett control and both Garland and Rowlett have agreed to release their respective jurisdictions. However, development potential is very limited within the GP&L (TU-E) electric transmission line and this easement cannot be relocated. Property owners have now requested that the City of Wylie release the 14.78acres from its Exterritorial Jurisdiction so that the entire 19.456 acres can be consolidated under the regulatory jurisdiction of Rockwall County. The City of Wylie collects no tax revenues or service charges from the subject property,and no such revenue is available to the City unless and until the property is annexed in to the City. 4. Consider and act upon approval of an Ordinance abandoning the alley right-of-way within Block 9 of the Railroad Addition, being the segment running north-to-south between Second and Third Streets and located between Marble and Jefferson Streets. Executive Summary Keith Anderson(through his agent Jerry DeFeo)has requested that the City abandon that segment of the alley that lies between Second and Third Streets and extends between Marble and Jefferson Streets. The segment of this abandonment is 20 feet wide and 300 feet long,containing 6,000 square feet. The alley is unimproved,but serves as the location of private gas,electric and telephone lines. These utilities will remain in place but will be locate I within easements through replatting of the adjacent properties. Owners of all properties abutting the subject alley have indicated agreement with the abandonment as well as their potential interest in the purchase of,at fair market value,that portion of the alley that abuts their parcels. The City has acquired the services of Right-of-Way Acquisition Consultants to conduct an appraisal of the property and establish its fair market value. Although the appraisal is not yet completed,recent similar appraisals have concluded the value of similar alleys to range from $5.75 to $8.50 per square foot. The cost of the appraisal will also be paid proportionately by those purchasing the abandoned right-of-way. 5. Consider and act upon approval of an ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details. Executive Summary New manuals for the design of storm drainage,water and sanitary sewer lines and thoroughfares were adopted on January 22, 2002. The proposed ordinance will allow the manual to be amended to ensure compliance. Changes include increases to the paving standards for residential right-of-way and parking stall dimensions. 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 subsegw mt 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 ,2002 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 contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ei.wvlie.tx.us City Secretary 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 tie City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 3 of 3 WYLIE CITY COUNCIL AGENDA ITEM NO. A. October 8, 2002 Issue Consider and act upon a Replat for Lots 1R and 2R of Block 34 ofthe Railroad Addition,being a replat of Lots 1,2,3,4,5,6 and 7 of Block 34 of the Railroad Addition, and being situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County, Texas. Background The subject Replat will combine seven previously platted lots into two lots. The property was rezoned from Single-Family 8.5 Residential to Corridor Commercial(CC)District in July of 2002. The new Lot 1R is intended to accommodate a dentistry office, and a Site Plan for was approved by the Planning and Zoning Commission on September 17, 2002. There are no plans for use of the remaining Lot 2R. In August,the City Council abandoned the alley abutting the rear ofthe subject property to the west. On September 10, the Council abandoned Butler Street which abuts the property to the north. None of these abandoned rights-of-way is incorporated within the subject Replat as earlier anticipated. 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 authority unless it is disapproved within that time period". Financial Considerations Plat Application Fees—Paid Other Considerations 1. The subject property was created as Lots 1 through 7 of Block 34 of the Railroad Addition, one of Wylie's oldest subdivisions. The lots were 29 feet wide when originally platted, too narrow to accommodate modem retail or residential development. The subject Replat creates larger lots which are more appropriate for modem urban uses. 2. The Replat does not incorporate the recently abandoned rights-of-way of the alley and Butler Street. In its unimproved condition,the alley cannot be used as access to the subject properties,but will continue to be the location of public and private utilities. If the owners of the abutting properties to the west and north elect to purchase the abandoned rights-of-way, they may be incorporated by replatting into those properties, but will otherwise remain the property and control of the City of Wylie. 3. Staff has reviewed the proposed Replat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. Board/Commission Recommendations At the September 17, 2002 Planning and Zoning commission meeting the Commission voted 5-0 to recommend approval of this Replat. Staff Recommendations Approval. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Replat Prepared by ' Reviewed by Finance City Man er Approval � v ./ WYLIE CITY COUNCIL AGENDA ITEM NO. . October 8 2002 Issue Consider and act upon a Final Plat for the Woodbridge Phase 6 Addition,being situated in the Richard Newman Survey, Abstract No. 1072, City of Sachse and City of Wylie, Dallas County, Texas. Background The subject Final Plat is a continuation ofthe Woodbridge golf course and residential community,which is located both within the City of Sachse and the City of Wylie. The subject Plat totals 59.5616 acres and will create 264 single-family residential lots,234 of which will be 6,500 square feet or larger and 30 of which will be a minimum of 10,000 square feet. The majority of the area of this Plat is located within the City of Sachse. However, portions of the rear yards of seven (7)lot is located within the City of Wylie, as is the golf course platted earlier as the Woodbridge Golf Club. The area within the City of Wylie is approximately 0.25 acre or 6,750 square feet. The City Council ofthe City of Sachse approved the subject Plat as to form and compliance with City of Sachse and State codes in March of 2002, and the area is currently being developed. Approval is also required by the governing body of the City of Wylie because a portion of the platted area is located within the City of Wylie. 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 authority unless it is disapproved within that time period". Financial Considerations Plat Application Fees—Paid Other Considerations 1. The City of Sachse has reviewed the Plat and concluded that it complies with all applicable State subdivision regulations. 2. City of Wylie has concluded that the Plat complies with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. Board/Commission Recommendations N.A. Staff Recommendations Approval. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Replat Prepared by Reviewed by Finance City Man er Approval WYLIE CITY COUNCIL AGENDA ITEM NO. C• October 8 2002 Issue Consider and act upon a Final Plat for the Woodbridge Phase 7B Addition,being situated in the Richard Newman Survey, Abstract No. 1072, City of Sachse and City of Wylie, Dallas County, Texas. Background The subject Final Plat is a continuation of the Woodbridge golf course and residential community,which is located both within the City of Sachse and the City of Wylie. The subject Plat totals 17.637 acres and will create 59 single-family residential lots of approximately 10,000 square feet each. The majority ofthe area of this Plat is located within the City of Sachse. However,portions of the rear yards of eight(8) lots,an area totaling approximately 0.40 acre(17,200 square feet)is located within the City of Wylie,as is the golf course platted earlier as the Woodbridge Golf Club. The City Council ofthe City of Sachse approved the subject Plat as to form and compliance with City of Sachse and State codes in March of 2002, and the area is currently being developed. Approval is also required by the governing body of the City of Wylie because a portion of the platted area is located within the City of Wylie. 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 authority unless it is disapproved within that time period". Financial Considerations Plat Application Fees—Paid Other Considerations 1. The City of Sachse has reviewed the Plat and concluded that it complies with all applicable State subdivision regulations. 2. City of Wylie has concluded that the Plat complies with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. Board/Commission Recommendations N.A. Staff Recommendations Approval. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Replat Prepared by' Reviewed by Finance City Maier Approval VVYLIE CITY COUNCIL AGENDA ITEM NO. I . October 8, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential (SF- 8.5/17)to Planned Development(PD)for Single-Family Residential,generally located east ofBallard Avenue and east of the existing Southplace Estates Phase IV Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No. 95-0018290 ofthe Deed Records of Collin County,Texas,and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie, Collin County, Texas. (Zoning Case 2002-08). Discussion of this item was tabled and the public hearing continued from the September 24th Council meeting in order to allow the applicant to consider certain amendments recommended by the Council. Background The applicant is requesting rezoning of the subject 12.754 acres to Planned Development (PD)District in order to continue development of the Southplace Estates single-family residential neighborhood in a manner comparable to the existing development. With adoption ofthe new City-wide Zoning Ordinance and Map in February of 2002,the subject property was rezoned from Single Family-2 Residential to Single-Family 8.5/17 Residential. Both the SF-2 and SF 8.5/17 Districts require a minimum lot size of 8,500,but dwelling size and other regulations differ. The property abutting the subject tract to the west is Phase IV of the Southplace Estates Addition,the Final Plat for which was approved by the City Council in July of 2002. Property to the south is platted as the Twin Lakes Addition, and is developing with lots of approximately 8,200 square feet under the previous SF-3 zoning. Property to the north is owned by the Wylie Independent School District and developed as the Intermediate School and sports complex. Property to the east is the City of Wylie Community Park. Public Comment Forms were mailed to forty(40)property owners within 200 feet of this request. Two Comment Forms have been returned at the time of posting,both opposing the request. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends Suburban Residential use for the subject property,which envisions lots of 10,000 square feet and larger. The stated purpose of a Planned Development District is to permit flexibility and innovation in the use and design of land and development. The proposed PD does not comply with the recommendation of the Plan but does offer flexibility and compromise which provides for residences on this rather small and restricted tract which are comparable in size and character to existing abutting developments. 2. The Planned Development District proposes to apply the requirements of the Single Family 8.5/17 Residential District,with the following modifications: Development Proposed Required Minimums et Condition Requirement for SF-8.5 Distrsct Lot Area Minimum—8,077 sq.ft. Average lot size 9,437 sq.ft. and 8,500 sq.ft. 82%shall exceed 8,500 sq.ft. Lot Depth 110 ft. 100 ft. Dwelling Size 1,500 sq.ft.minimum 1,700 sq.ft. 50%larger than 1,700 sq.ft. 3. The PD requires that only 82 percent of all lots comply with or exceed the minimum 8,500 sq.ft.required by the Zoning Ordinance. The proposed minimum lot size(8,077 sq.ft.)of the PD is smaller than the lot sizes platted within the Southplace Estates Phase N Addition(8,500 sq. ft). abutting the subject tract on the west, but is larger than lots within the Twin Lakes Phase II Addition(7,800 sq. ft.)abutting on the south. The PD proposes an average lot size (9,437 sq. ft.) which is larger than that required by the Ordinance as well as existing lots platted on abutting properties. 4. The PD requires that the minimum dwelling size be 1,500 sq.ft. and that at least 82 percent of all houses be 1,700 sq. ft. or larger. The current requirement of the Zoning Ordinance is that all dwelling be 1,700 sq. ft. or larger. The proposed minimum size of 1,500 sq. ft. is the same as the requirements of the previous SF-2 zoning of the Southplace Addition, and larger than the 1,100 sq. ft. required by the previous SF-3 District. A majority of the existing homes abutting the PD are larger than the proposed 1,500 sq. ft. The common size of dwellings within the developed Southplace Addition to the west is 1,783, and house sizes range from 1,023 sq. ft. to 1,966 sq. ft., and the normal house within the Twin Lakes Addition to the south is approximately 1,634 sq. ft. 5. The PD proposes the following substitutions to the Basic and Desirable Standard Requirements to replace those of the SF 8.5/17 Village Land Design of Figure 3-14 A: Development Proposed Pp Require twat'of the Condition Requirement SF 8.5Distric Trees One/front yard,equally spaced Street and Sidewalk Requirement, points awarded for equal spacing Driveways Lots with alleys shall allow only Architectural Requirement,offset rear entry garages garage entry and points if not on primary street Public Open Space 15 ft.public access easement with Land Design Requirement,points 8 ft.walk connection to City park for wider easement and trail Park Detlication Fees in lieu of land Code allows either fees or land 6. The PD proposal eliminates consideration of the following Base and Desirable Standards of the Village Land Design and Street and Sidewalk Requirements: • Amenities along open space connection, such as lights, drinking fountain, benches, exercise equipment, enhanced paving, etc.—These could be added to some degree to the short connector to the City park, although not throughout the entire development. • Curvilinear streets— These are not feasible because the PD is a small tract which adjoins and continues an existing street pattern. • Entry feature,landscaping and signage—These are not feasible because the PD continues existing development with no major street frontage of its own. • Enhanced sidewalks and crosswalks—These could be added on a limited basis,but would not be consistent with the existing development which the PD continues. 7. The PD requires rear entry drives and garages when alleys are available and allows street/front facing garage and drive entry where there are no alleys. Alleys are provided throughout the proposed development, except for lots which abut the school and park property to the north and east. The developed properties abutting on the west and south provide existing alleys. 8. The PD proposes the following substitutions to the Basic and Desirable Standard Requirements to replace those of the SF 8.5/17 Village Architectural of Figure 3-14 D Development proposed Requirement minimums Condition Requirement Of the SF-as District Exterior Wall 80%masonry all sides for 2-story, 100%masonry all sides V aterials 100%masonry all sides for 1- story 6:12 pitch,architectural grade 8:12 pitch,asphalt or architectural Roof shingles,dormers or combined hip grade shingles and gable and dormers/gables earn points 9. The current Zoning Ordinance requires 100 percent masonry exterior siding on all sides of a dwelling,and defines masonry as brick, stone or cementacious composite materials. The PD proposes to allow 80% masonry on each side of two-story dwellings and require 100% only for single-story houses. The previous code required an average of 75%masonry on all sides. 10. The current Zoning Ordinance requires that all roofs have an 8:12 pitch with architectural grade shingles, and points are provided for articulating features such as dormers or hip and gable combination. The PD proposes to lower roof pitches,but requires some articulation of the roofline and requires that chimney pipes be enclosed in some way. 11. The PD proposal eliminates consideration of the following Base and Desirable Standards of the Village Architectural Requirements: • Front entry cover(porches)—These are a required element on all residences and could be added. 12. The PD provides for streets measuring 27 ft. of pavement within 50 ft. of right-of-way,comparable to the existing streets adjacent to the development constructed under the previous Paving Standards. The current Thoroughfare Standards require 31 ft. streets within 55 ft. rights-of-way. 13. The subject tract is a small remaining residue which is completely surrounded by existing development. It is appropriate that development of this tract reflect a character similar to that of existing abutting properties. Board/Commission Recommendation At the September 17, 2002 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend approval of this request with revisions to the Conditions of the PD. The attached Conditions reflect the revisions. Staff Recommendation Approval of the requested rezoning. Staff agrees that some variance of the development requirements of the current code is appropriate because this proposal is a final and minor continuation of existing development constructed in compliance with different requirements, and because the small size and square configuration of the subject tract makes it impractical or impossible to fully comply with the current street requirements. The proposed Planned Development District provides a flexible compromise between the existing conditions and the new requirements in order to assure a quality development and the PD is innovative in this regard. The Departments of Planning, Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Ordinance with Conditions for the Planned Development District, including a Development Plan Location Map Notification List and Response Forms 1 • Prepared by Reviewed by Finance ity Man er Approval 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 2002-08 TO PLANNED DEVELOPMENT (PD) 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 ofWylie,to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A, B and C" 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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph,sentence,subdivision,clause,phrase or section ofthis 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 lull 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 , 2002. By John Mondy,Mayor ATTEST: Barbara Salinas, City Secretary Exhibit"A" Legal Description ZC#2002-08 BEING a tract of land situated in the Allen Atterberry Survey,Abstract No.23, in the City of Wylie, Collin County, Texas,being part of a 48.516 acre tract, as described in Clerks File No.95-0018290, in the Deed Records of Collin County, Texas,being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found the southeast corner of Southplace Estates Phase IV, an addition to the City of Wylie, as described in the Plat Records of Coffin County, Texas also being in the north line of Twin Lakes Phase II, an addition to the City of Wylie, as described in Volume L, Page 321- 322 in said Plat Records; THENCE,North 00°21'38" East, along the east line of said Southplace Phase IV for a distance of 137.28 feet,to a 1/2 inch iron rod found; THENCE,North 89°38'22" East, continuing along said east line for a distance of 2.82 feet,to a 1/2 inch iron rod found; THENCE,North 00°00'00" East, continuing along said east line for a distance of 412.77 feet, to a 1/2 inch iron rod found; THENCE, South 89°38'22" East, continuing along said east line for a distance of 43.14 feet,to a 1/2 inch iron rod found; THENCE,North 00°21'38" East, continuing along said east line for a distance of 187.65 feet, to a 1/2 inch iron found being the northeast corner of said Southplace Phase IV also being the northwest corner of said 12.752 acre tract; THENCE, South 89°43'04" East, along the north line of said 12.752 acre tract, for a distance of 718.87 feet,to a 1/2 inch iron rod set being the northeast corner of said 12.752 acre tract; THENCE, South 00°00'22" East, along the east line of said 12.752 acre tract,passing a 1/2 inch iron rod found at 730.83 feet,being in the north line of said Twin Lakes Phase II, for a total distance of 738.55 feet,to a 1/2 inch iron rod being the southeast corner of said 12.752 acre tract; THENCE,North 89°38'58"West, along the south line of said 12.752 acre tract and with the north line of said Twin Lakes Phase II, for a distance of 766.98 feet to the POINT OF BEGINNING and containing 12.754 acres of land. Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Southplace Estates Phase V - 12.754 Acres Zoning Case 2002-08 Description and General Conditions: 1. The principal use of this Planned Development District is for the development of single-family residential dwellings and to provide for an appealing residential area. This PD is intended to be defined and protected from the encroachment of uses which are not appropriate to a residential environment. Stability, appeal and efficiency are encouraged by the development of this in-fill property providing for residential consistency, as well as adjoining otherwise landlocked parcels. This Planned Development will provide for public access to the adjoining City park facilities. 2. This Planned Development District shall not affect any regulation found within the code of ordinances, except as specifically provided herein. 3. All regulations of the Single Family-8.5 (SF 8.5/17)District set forth in Article 3, Section 3.3.A of the Comprehensive Zoning Ordinance(adopted February 29, 2002) are included by reference and shall apply except as provided herein. Special Conditions: Streets and Alleys: • All streets shall be be constructed with 27 feet of concrete pavement(measured from back of curb to back of curb)within a dedicated right-of-way of 50 feet • No alleys shall be required or provided adjacent to the school and park properties Main Uses: The following uses are permitted as main uses in the PD: • Detached single-family dwelling • Transportation and utility easements, alleys, and right-of-way. • Temporary construction or sales office;which will be removed when construction work is complete • Public access to City Park Lot Size: • Minimum lot size shall be 8,077 square feet • 82%of the lots shall exceed 8,500 square feet • Average lot size shall be 9,437 square feet Lot Width: • All lots, including corner lots, shall be 70 feet minimum at building line, and no less than 45 feet at property line Development Conditions PD 2002-08 Page 2 of 2 Lot Depth: • 110 feet minimum Village Land Design Requirements: Only the following conditions shall be required, and no other Base or Desirable Standards of Figure 3-14 shall apply. • Trees—One tree shall be located in the front yard of all lots and evenly spaced • Driveways—Lots adjoining alleyways will allow rear entry garage access only • Public open space—Public access to the City Park facility will be achieved by a 15 foot Public Access Easement containing an 8 foot concrete trail constructed by the developer • Park Dedication—Fees and/or equal improvements will be provided in lieu of Park land dedication Village Residential Architectural Requirements: Only the following conditions shall be required, and no other Base or Desirable Standards of Figure 3-14 shall apply • Minimum residence square footage—All residences shall contain not less than 1,500 square feet, and 82%of the residences shall be not less than 1,700 square feet, of heated/cooled area under roof • Roof—6:12 pitch and architectural grade shingles,with dormers or combination hip and gable • Chimney—All metal pipes shall be enclosed by approved siding materials • Mail Box—One style throughout development • Garage Doors—Garages shall be rear entry on all lots abutting an alley, and front entry garages shall be offset from the rest of the facade at least 12 inches • Masonry—80%masonry allowed on side and rear elevation for 2 story residences,but front elevation shall be 100%masonry; 100%masonry all side elevation for one story residences • Plan Repetition—No house plan shall be located adjacent to the identical house plan, and 4 lots shall be skipped on the same side of the street and 2 lots skipped on the opposite side of street before repeating the same front elevation Development Plan/Preliminary Plat: The approved Development Plan, adopted as part of this Planned Development District, shall serve as the Preliminary Plat for the Southplace Phase V Addition. vl a Exhibit"C" 1.`'— ooCO s uNai r will 1 R I• 0• ' 1g V 1 gi fh vA —1 i a i N ———1 fE—--1—I——I L ___ O 0 6r9( N 0 yT...,..„„„i.,„ _� 1-- r �LJ _ N II —1•—— I 1 — ##x ,l , 11 ! ; is, 0 w --_I i____ 3; �a t !i 21 t! j� N - 5 -- I 1 — ili il 11 i I%! 111 11 —I o. 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Kimball Avenue Zena Land Development Southlake,Texas 76092 1• 1016 Dodd Drive Twin Lakes II Tim Brizendine Wylie,Texas 75098 2 Blk E Lot 5 R-41 bb-OOE-0050-1 209 Lake Travis Drive Twin Lakes II David Furentez Wylie,Texas 75098 3 Blk E Lot 36 R-41 bb-OOE-0360-1 Twin Lakes II 211 Lake Travis Drive 37 R-4166-00E-0370-1 David Navarrette Wylie,Texas 75098 4 Blk E 213 Lake Travis Drive Twin Lakes III Nathan Bland Wylie,Texas 75098 5 Blk E Lot 38 R-4608-00E-0380-1 215 Lake Travis Drive Twin Lakes III "Stephen Perkins Wylie,Texas 75098 • 6 Blk E 39 R-4608-00E-0390-1 Twin Lakes III 217 Lake Travis Drive 40 R-4608-00E-0400-1 Humberto Martinez Wylie,Texas 75098 7 Blk E 219 Lake Travis Drive Twin Lakes III Drive X8 Blk E 41 R-4608-00E-0410-1 Rickey Rannabar ar Wylie,Lake Texas 7 Drive 098 Twin Lakes III 219Rhonda Wilks Wylie,Texas 75098 9 Blk E 42 R-4608-00E-0420-1• 223 Lake Travis Drive Twin Lakes III 43 R-4608-00E-0430-1 Diana Peterson Wylie,Texas 75098 10 Blk E 225 Lake Travis Drive Twin Lakes III John Read Wylie,Texas 75098 11 Blk E 44 R-4608-00E-0440-1 227 Lake Travis Drive Twin Lakes III Crystal Boyd Wylie,Texas 75098 12 Blk E 45 R-4608-00E-0450-1 229 Lake Travis Drive Twin Lakes III Christopher Landa Wylie,Texas 75098 x13 Blk E 46 R-4608-00E-0460-1 231 Lake Travis Drive Twin Lakes III Francisco Amaya Wylie,Texas 75098 14 Blk E 47 R-4608-00E-0470-1 233 Lake Travis Drive Twin Lakes III Anne Steiner W lie,Texas 75098 15 Blk E 48 R-4608-00E-0480-1 235 Lake Travis Drive Twin Lakes III Richard McBride Wylie,Texas 75098 16 Blk E 49 R-4608-00E-0490-1 237 Lake Travis Drive Twin Lakes III Mick Mason Wylie,Texas 75098 17 Blk E 50 R-4608-00E-0500-1 239 Lake Travis Drive Twin Lakes III Thomas Allen Wylie,Texas 75098 18 Blk E 51 R-4608-00E-0510-1 Twin Lakes III 241 Lake Travis Drive 75098 Wylie,Texas 19 BIk E 52 R-4608-00E-0520-1 Guadalupe Lopez Wy Wy243 Lake asTra Drive Twin Lakes III Wylie,Texas 75098 is 20 Blk E 53 R-4608-00E-0530-1 Henry Dues,Jr. 245 Lake Travis Drive Twin Lakes III Wylie,Texas 75098 21 Blk E 54 R-4608-00E-0540-1 Michael Strayhorn Wyl720 Kimball 7509e Twin Lakes III Southlake,Texas 76092-9000 22 Blk G Lot 6 R-4608-00G-0060-1 Twin Lakes,L.P. P.O.Box 1048 Twin Lakes III Arlington,Texas 76004-1048 23 Blk G 7 R-4608-00G-0070-1 Choice Homes,Inc. 214 Lake Travis Drive Twin Lakes III Ressa Holt Wylie,Texas 75098 24 Blk G 8 R-4608-OOG-0080-1 216 Lake Travis Drive Twin Lakes III Mark Frantz Wylie,Texas 75098 25 Blk G 9 R-4608-00G-0090-1 P.O.Box 1048 Twin Lakes III Arlington,Texas 76004-1048 26 Blk G 10 R-4608-00G-0100-1 Choice Homes,Inc. 220 Lake Travis Drive Twin Lakes III 27 Blk G 11 R-4608-00G-0110-1 Matthew Koonce Wylie,Texas 75098 P.O.Box 1048 Twin Lakes III Arlin ton,Texas 76004-1048 28 BIk G 12 R-4608-00G-0120-1 Choice Homes,Inc. 224 Lake Travis Drive Twin Lakes III Texas 75098 29 BIk G 13 R-4608-00G-0130-1 Charles Cheatwood Wylie,P.O.Box 104875 Twin Lakes III Arlington,Texas 76004-1048 30 BIk G 14 R-4608-00G-0140-1 Choice Homes, Inc. Twin Lakes III 720 Kimball Avenue 31 Blk G 15 R-4608-OOG-0150-1 Twin Lakes,L.P. Southlake,Texas 76092-9000 Twin Lakes III 720 Kimball Avenue 32 BIk G 16 R-4608-OOG-0160-1 Twin Lakes,L.P. Southlake,Texas 76092-9000 232 Lake Travis Drive ' Twin Lakes III 33 BIk G 17 R-4608-00G-0170-1 Edward Smith Wylie,Texas 75098 234 Lake Travis Drive Twin Lakes III Ryan HadleyWylie,Texas 75098 34 Blk G 18 R-4608-OOG-0180-1 236 Lake Travis Drive Twin Lakes III BIk G 19 R-4608-00G-0190-1 Travis Switzer Wylie,Texas 75098 238 Lake Travis Drive Twin Lakes III 36 BIk G 20 R-4608-00G-0200-1 James Everett Wylie,Texas 75098 5641 Yale Blvd #108 37 Abst.23 Tract 57 R-6023-000-0570-1 Attar!GPI LLC Dallas,Texas 752061001 S.Ballard Avenue Wylie I.S.D. 38 Abst.23 26 R-6023-000-0260-1 Wylie,Texas 750986081 Milton #141 R-6023-000-0600-1 Fred Kern Living Trust Dallas,Texas 75206-4411 39 Abst.23 60 2000 SH 78 North • 40 Abst.23 23 R-6023-000-0230-1 City of Wylie Wylie,Texas 75098 (TAS23 r •- ,c1' '''.�Y r /.rk:-+ t+e eat r..i:, ,1...p' .4� nesr,% Y' r y "'ti-'r��,—� -$' �-- ti -�. 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' ', i' t. lA),,}yLr Yti i + :a rtir r'7c y'0Z. �r i,_ „d j�. ' Y sr...rr _.z i"`' -...;.,-Ito. ? Y a ,-z,. x tea T u't2,— ..F 4 ',5 'C r.5yf f e ,. .;1 r �:., . ;. ,,..t .-'.- sir :,�T. ..a ri. . _.. —.._s;_ .. 5 ► 2 3g ,• V' 1 . 3$ 5i do lix 42 U3 444 115 �x� �73 . . Lake .Travis Dr. 3 (6 6 14 , 7 s a1 I ►o I i‘ IZi 13 r�{ �� ICI 11 j IQ t°l Zv i I j 1 Cl.) I C I 1 � _ Lake Wichita Drive o (3)[ 1 5\ ;\c;‘). 1 •ZG 20Q/2 — 0S � i i � 2Qo PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-08. le I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-08. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,September 3,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 24,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (10,ASk crr v f LOVnI 1.D (please print) 2 v' 1c• Address: 22-q �-0.k� A ‘-‘ mil. '15a°t Signature: Date: SS l \I\\07_ COMMENTS: ` 1-N e 1 and wout1d \j4,l,r fie.. I.A-'54d1 Ck p Cor rI rruLAAA' ?p.c. o r C.ts1 d k.JT5 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case — #2002-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-08. Date,Location&Time of planning&Zoning Commission meeting: Tuesday,September 3,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 24,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: R1‘ C. IC e\) 1\ C\`n 'n R\C)C),1 y,,'/' (please print) / Address: , \ q LCI kL ) \"Ck\?\\5 ••1". LJyl; E , T . `iso98 Signature: !`. �'OtYVVvt"' C y' Xi1 Date: O - 1 COMMENTS: 1— 'Y`n C\c ro,iel * -Zol- r\\ C\(\ •(A& l l%\\ �S �u N(.1 c)vo-)d \ v'1 ` .tc, Q tr,A \A ) . WYLIE CITY COUNCIL AGENDA ITEM NO. a. . October 8, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 8.5/17) and Neighborhood Services (NS) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and south of the existing Southplace Estates Phase I Addition,being a portion of a 48.516 acre tract,as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, and being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County,Texas. (Zoning Case 2002-09). Discussion of this item was tabled and the public hearing continued from the September 24th Council meeting. Background The applicant is requesting rezoning of 10.129 acres to Planned Development(PD)District in order to serve as the new entry and expand the Southplace Estates single-family residential neighborhood in a manner comparable to existing development. The western 2.759 acres fronting Ballard Avenue is currently zoned Neighborhood Services(NS)District, rezoned from Business-2 (B-2)with adoption of the new Zoning Ordinance and Map in February of 2002. The eastern 7.37 acres was rezoned from Single Family-2 Residential to Single-Family 8.5/17 Residential The property abutting the subject tract to the north is Phase I of the Southplace Estates Addition, and is zoned and developed in accordance with the previous Single Family-2 Residential District. The western half of the property to the south is owned by the City of Wylie and occupied by the City fire station. The eastern half of the property to the south as well as that abutting to the east is platted as the Twin Lakes Addition,and is developing according to the previous SF-2 zoning. Public Comment Forms were mailed to forty (40)property owners within 200 feet of this request. One Comment Form has been returned at the time of posting, opposing the request. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends Suburban Residential use for the subject property,which envisions lots of 10,000 square feet and larger. The stated purpose of a Planned Development District is to permit flexibility and innovation in the use and design of land and development. The proposed PD does not comply with the recommendation of the Plan but does offer flexibility and a compromise which provides for residential development on this rather small tract which is comparable in size and character to existing abutting developments. 2. The Conditions of the Planned Development District require that no alleys be provided within the proposed development. Section 2.9 of the Paving Standards requires that"alley shall be provided in all residential areas". Alleys exist within the Southplace I subdivision abutting the subject property on the north but are not provided in the Twin Lakes Addition abutting on the east and south. The normal functions of alleys will be accommodated by other methods. The PD requires that garages be accessed from the front street,and utilities can be placed in easements along the street and City code requires that lots drain to the front street. 3. The PD provides for streets measuring 27 ft. of pavement within 50 ft.rights-of-way,comparable to the existing streets adjacent to the development constructed under the previous Paving Standards. The current Thoroughfare Standards require 31 ft. streets within 55 ft. rights-of-way. 4. The Planned Development District proposes to apply the requirements of the Single Family 8.5/17 Residential District,with the following modifications: Development Proposed Required Minimums Condition Requirement for SF-l.S District Lot Area Minimum—8,453 sq.ft. Average lot size 10,188 sq.ft. 8,500 sq.ft. Not more than one lot less than 8,500 sq.ft. Lot Depth 110 ft. 100 ft. Dwelling Size 1,500 sq.ft.minimum 1,700 sq.ft. 82%larger than 1,700 sq.ft. 5. The PD requires that all but one lot comply with or exceed the minimum 8,500 sq. ft. required by the Zoning Ordinance. The proposed lot size (8,456 sq. ft.) of the PD is smaller than the lot sizes platted within the Southplace Estates Addition (8,500 sq. ft.) abutting the subject tract on the north, and lots within the Twin Lakes Addition (7,800 sq. ft.) abutting on the south and east. The PD proposes an average lot size(10,188 sq.ft.)which is larger than that required by the Ordinance as well as existing lots platted on abutting properties. 6. The PD requires that the minimum dwelling size be 1,500 sq. ft. and that at least 82 percent of all houses be 1,700 sq.ft. or larger. The current requirement ofthe Zoning Ordinance is that all dwellings be 1,700 sq. ft. or larger. The proposed minimum size of 1,500 sq. ft. is the same as the requirements of the previous SF-2 zoning of the Southplace Addition and larger than the 1,100 sq. ft. required by the previous SF-3 District of the Twin Lakes Addition. A majority of the existing homes abutting the PD are larger than the proposed 1,500 sq.ft. The common size of dwellings within the developed Southplace Addition to the north is 1,783 sq. ft., and the houses range from 1,023 sq. ft. to 1,966 sq. ft., and the normal house within the Twin Lakes Addition to the east is 1,634 sq. ft. 7. The PD proposes the following substitutions to the Basic and Desirable Standard Requirements to replace those of the SF 8.5/17 Village Land Design of Figure 3-14 A Development Proposed PD Requ cement of the Condition Requitement SF-15 Trees One/front yard,equally spaced Street and Sidewalk Requirement, points awarded for equal spacing Front entry garage only, Architectural Requirement,offset garage Driveways with offset entry entry and points if not on primary street Entry Features Landscaped median with sign Land Design Requirement,with masonry screen wall ParkDedication Fees in lieu of land Code allows either fees or land 8. The PD proposal eliminates consideration of the following Base and Desirable Standards of the Village Land Design and Street and Sidewalk Requirements: • Pedestrian connection to open space with amenities—Such direct connector is not feasible as the open space/City park is to the east through the developed subdivision. • Curvilinear streets— These are not feasible because the PD is a small tract which adjoins and continues an existing street pattern. • Enhanced sidewalks and crosswalks—These could be added on a limited basis,but would not be consistent with the existing development which the PD continues. 9. The PD proposes the following substitutions to the Basic and Desirable Standard Requirements to replace those of the SF 8.5/17 Village Architectural of Figure 3-14 D: • 6:12 roof pitches,but requires some articulation of the roof line and requires that chimney pipes be enclosed in some way. Board/Commission Recommendation At the September 17, 2002 Planning and Zoning Commission meeting, the Commission voted 4-1 to recommend approval of this request with revisions to the Conditions of the PD. The attached Conditions reflect the revisions. Staff Recommendation Approval of the requested rezoning. Staff agrees that some variance of the development requirements of the current code is appropriate because this proposal is a final and minor continuation of existing development constructed in compliance with different requirements, and because the small size and square configuration of the subject tract makes it impractical or impossible to fully comply with the current street requirements. The proposed Planned Development District provides a flexible compromise between the existing conditions and the new requirements in order to assure a quality development and the PD is innovative in this regard. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Ordinance with Conditions for the Planned Development District, including a Development Plan Location Map Notification List and Response Forms Prepared b j'` Reviewed byFinance CityMa er Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF'1'HE CITY OF WYLIE,AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2002-09 TO PLANNED DEVELOPMENT (PD) 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,B and C" 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 ofthe 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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph,sentence, subdivision,clause,phrase or section ofthis 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 , 2002. By John Mondy,Mayor ATTEST: Barbara Salinas, City Secretary Exhibit"A" Legal Description ZC#2002-09 BEING a tract of land situated in the Allen Atterberry Survey, Abstract No.23, in the City of Wylie, Collin County, Texas, being part of a 48.516 acre tract, as described in Clerks File No. 95-0018290 in the Deed Records of Collin County, Texas,being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the north line of Twin Lakes Phase II, an addition to the City of Wylie, as described in Volume L, Pages 321-322, in the Plat Records of Collin County, Texas; THENCE, South 89°5T40"West, along the north line of said Twin Lakes Phase II passing a 1/2 inch iron rod found at 447.99 feet,being the most westerly northwest corner of said Twin Lakes Phase II, for a total distance of 986.96 feet,to a 1/2 inch iron rod set being the southwest corner of said 10.127 acre tract also being in the east line of Ballard Street(60'R.O.W.); THENCE,North 00°03'46" West, along the west line of said 10.127 acre tract and with said east line, for a distance of 401.36 feet,to a 1/2 inch iron rod set at the most westerly northwest corner of said 10.127 acre tract; THENCE, South 89°40'29" East, departing the east line of said Ballard Street and along the north line of said 10.127 acre tract, for a distance of 300.29 feet,to a 1/2 inch iron rod set; THENCE,North 00°03'26"West, continuing along said north line, for a distance of 68.36 feet,to a 1/2 inch iron rod set at the most northerly northwest corner of said 10.127 acre tract also being in the south line of Southplace Estates Phase I, an addition to the City of Wylie, as described in Volume K, Page 481, in said Plat Records; THENCE, South 89°38'43" East, along north line of said 10.127 acre tract and with the south line of said Southplace Phase I, for a distance of 693.05 feet,to a 1/2 inch iron rod found at the most northerly northwest corner of said Twin Lakes Phase II also being the northeast corner of said 10.127 acre tract; THENCE, South 00°43'28" West, departing said south line and along the west line of said Twin Lakes Phase II with the east line of said 10.127 acre tract, for a distance 463.09 feet,to the POINT OF BEGINNING and containing 10.129 acres of land. Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Southplace Estates Phase VI- 10.129 Acres Zoning Case 2002-09 Description and General Conditions: 1. The principal use of this Planned Development District is for the development of single-family residential dwellings and to provide for an appealing residential area. This PD is intended to be defined and protected from the encroachment of uses which are not appropriate to a residential environment. Stability, appeal and efficiency are encouraged by the development of this in-fill property providing for residential consistency, as well as adjoining otherwise landlocked parcels. This Planned Development will provide a signed primary entry and link to the existing and future South Place Estates development. 2. This Planned Development district shall not affect any regulation found within the code of ordinances, except as specifically provided herein. 3. All regulations of the Single Family-8.5 (SF 8.5/17)District set forth in Article 3, Section 3.3.A of the Comprehensive Zoning Ordinance(adopted February 29, 2002) are included by reference and shall apply except as provided herein. Special Conditions: Streets and Alleys: • All streets within the Planned Development District shall be constructed with 27 feet of concrete pavement(measured from back of curb to back of curb)within a dedicated right-of- way of 50 feet • Alleys shall not be required or provided within the PD Main Uses: The following uses are permitted as main uses in the PD: • Detached single-family dwelling • Transportation and utility easements, alleys, and right-of-way • Temporary construction or sales office;which will be removed when construction work is complete • Access to the existing and future Southplace Estates development Lot Size: • Minimum lot size shall be 8,453 • No more than one lot shall be less than 8,500 square feet. • Average lot size in 10,188 square feet Lot Width • All lots, including corner lots, shall be 70 feet minimum at building line, and no less than 43 feet at property line Development Conditions PD 2002-09 Page 2 of 2 Lot Depth • 110 feet minimum Village Land Design Requirements: Only the following conditions shall be required, and no other Base or Desired Standards of Figure 3-14 shall apply • Trees—One tree shall be located in the front yard of all lots and evenly spaced • Driveways—Lots will require front entry garage access only. • Entryway—A divided entryway will allow for a landscaped median and monument sign • Park Dedication—Fees will be paid in lieu of Park land dedication Village Residential Architectural Requirements: Only the following conditions shall be required, and no other Base or Desired Standards of Figure 3-14 shall apply • Minimum residence square footage—All residences shall contain not less than 1,500 square feet with these smaller dwellings to the north and east side of the addition and none shall abut Ballard Avenue, and 82%of the residences especially those abutting Ballard shall be not less than 1,700 square feet, of heated/cooled area under roof • Roof—6:12 pitch and architectural grade shingles,with dormers or combination hip and gable • Chimney—All metal pipes shall be enclosed by approved siding materials • Mail Box—One style throughout development • Garage Doors—Garages shall be front entry, and doors offset from the rest of the façade at least 12 inches • Masonry—All exterior walls shall be 100%masonry • Plan Repetition—No house plan shall be located adjacent to the identical house plan, and 4 lots shall be skipped on the same side of the street and 2 lots skipped on the opposite side of the street before repeating the same front elevation Development Plan/Preliminary Plat: The approved Development Plan, adopted as part of this Planned Development District, shall serve as the Preliminary Plat for the Southplace Phase VI Addition 0 a ii ff Lai 11 1 Exhibit C • • I: 1 4 t:lialt::::›14111:0 41112 1,4)44, igl 5? 1 4 to ' O L � n7v — a . �� 1- - O � _ O q� N aura n+twnoh nuMn+ � 1 _— NJ SiII — Z a —� L 1— fi x� II ; , 1,� " --1 �. oI _Q. -- 1: ill s J �� 1 nI --� :' I !{' j1 =I. sit 1 nw mr -1 N - --1 I — ill '' 1 , 11 i j +! 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( a i v i I HILHHHILH1 [ VUH l rive m CloudcroR Drive I I' II ( ( ( W ( ( ( J� -- • ri i _.._.._ J U U i I O I I • 01 a — >° ro -- i I I f Silvercreek Drive I [ •c-, --.- ~,.-'-'':. - --,,-- , '-,-- - "":1,-44. r ...,6 i _.._.._` ; :�.? _.._.._.. _ ._ J ............. - - - - „, :.,..,r.. _.r, ,.. „bit, ,.)., fr. o y Lake Travi: :l FtY . i; Y - ,_ - ;;, Lake Wichita i i I F°' i i I ° o C 1-- tio� e I > i °\ �,`� o e le I e \p I I i I _.._.. :':' Drive Mill MN. ..11111 il artin rive , III r i i • i i I I I LOCATION MAP ZONING CASE #2002-09 NOTIFICATION REPORT APPLICANT Zena Land Development APPLICATION FILE #2002-09 720 S.Kimball Avenue Southlake,Tx. 76092 TAX I.D. # I PROPERTY OWNER NAME I ADDRESS ll # �LK/ABSI� LOT/TRACT Applicant 720 S.Kimball Avenue 1 Zena Land Development Southlake,Texas 76092 1308 Aspen Lane Southplace Estates 1 Paul Lawson Wylie,Texas 75098 2 Blk B Lot 5 R-3829-006-0050-1 1310 Aspen Lane Southplace Estates 1 William Melton Wylie,Texas 75098 3 Blk B 6 R-3829-006-0060-1 100 Silvercreek Drive Southplace Estates 1 Daniel Wells Wylie,Texas 75098 4 Blk B 7 R-3829-006-0070-1 102 Silvercreek Drive Southplace Estates 1 Wayne King Wylie,Texas 75098 5 Blk B 8 R-3829-006-0080-1 104 Silvercreek Drive Southplace Estates 1 Kenton Perigo Wylie,Texas 75098 6 Blk B 9 R-3829-006-0090-1 106 Silvercreek Drive Southplace Estates 1 Patrick Prater Wylie,Texas 75098 7 Blk B 10 R-3829-006-0100-1 108 Silvercreek Drive Southplace Estates 1 Harry Helliwell Wylie,Texas 75098 8 Blk B 11 R-3829-006-0110-1 110 Silvercreek Drive Southplace Estates 1 Dustin Tanner Wylie,Texas 75098 9 Blk B 12 R-3829-00B-0120-1 202 Silvercreek Drive Southplace Estates 1 James Jackson Wylie,Texas 75098 10 Blk A Lot 55 R-3829-008-0550-1 200 Silvercreek Drive Southplace Estates 1 Bill Ware Wylie,Texas 75098 11 Blk A 56 R-3829-OOB-0560-1206 Silvercreek Drive Southplace Estates 2 Dawn Lacy Wylie,Texas 75098 12 Blk A Lot 53 R-4152-00A-0530-1204 Silvercreek Drive Southplace Estates 2 Dwight Beaty Wylie,Texas 75098 13 Blk A 54 R-4152-OOA-0540-1 g 1016 Dodd Drive R Twin Lakes II Wylie,Texas 75098 Lot 5 -4166-00E-0050-1 Tim Brizendine 14 Blk E 1014 Dodd Drive Twin Lakes II Marina Torres Wylie,Texas 75098 15 Blk E 6 R-4166-00E-0060-1 • 1013 Hall Drive Twin Lakes II Jerome Floyd Wylie,Texas 75098 16 Blk E 7 R-4166-00E-0070-1 Twin Lakes II Wylie,Texas 1015 Hall Drive 17 Blk E 8 R-4166-00E-0080-1 Steven Anderson 1017 Hall 75098e Twin Lakes II Cheri Hudson Wylie,Texas 75098 18 Blk E 9 R-4166-00E-0090-1 1019 Hall Drive Twin Lakes II Brian Clark Wylie,Texas 75098 19 BIk E 10 R-4166-00E-0100-1 1021 Hall Drive >C Twin Lakes II Gary Poe Wylie,Texas 75098 20 BIk E 11 R-4166-00E-0110-1 Twin Lakes II 1023 Hall Drive 21 Blk E 25 R-4166-00E-0250-1 Richard Chandler Wylie,Texas 75098 Twin Lakes II Wylie,Texas 75098 1010 Lake Dallas Drive 22 Blk E 26 R-4166-00E-0260-1 Eugene Garner P.O.Box 1048 Twin Lakes II n,Texas 76004-1048 23 Blk E Arlingto 27 R-4166-00E-0270-1 Choice Homes, Inc. P.O. 2 05 Twin Lakes II Secretary of Housing 28 Ft.Worth,Texas 76113-2905 24 Blk E R-4166-00E-0280-1 and Urban Development 1004 Lake Dallas Drive Twin Lakes II 25 Blk E 29 R-4166-00E-0290-1 Angela Delaurier Wylie,Texas 75098 1002 Lake Dallas Drive Twin Lakes II098 xas 7 Wylie,Te 5 26 Blk E 30 R-4166-00E-0300-1 Maurice Patterson 1000 Lak DallasDrive Twin Lakes II Glenn Smith Wylie,Texas 75098 • 27 BIk E 31 R-4166-00E-0310-1 201 Lake Travis Drive Twin Lakes II 28 BIk E 32 R-4166-00E-0320-1 William Clayton Wylie,Texas 75098 203 Lake Travis Drive Twin Lakes II 29 Blk E 33 R-4166-00E-0330-1 J.Scott Walker Wylie,Texas 75098 1017 Dodd Drive Twin Lakes IL Wylie,Texas 75098 30 Blk F Lot 4 R-4166-00E-0040-1 Teresa Martinez Twin Lakes II 1022 Hall Court 31 Blk F 5 R-4166-00E-0050-1 Gregory Swindle Wylie,Texas 75098 Twin Lakes II 1024 Hall Court 32 BIk F 6 R-4166-00E-0060-1 William Black Wylie,Texas 75098 2000 SH 78 North City of Wylie Wylie,Texas 75098 33 Abst 23 Tract 32 R-6023-000-0320-1 Ensearch Corporation P.O.Box 219071 34 Dallas,Texas 75221-9071 34 Abst 23 R-6023-000-0340-1 State&Local Tax Dept 6081 Milton #141 Texas 75206-4411 35 Abst 23 36 R-6023-000-0360-1 Fred Kern Living Trust Dallas,224 Meadowlark Drive R-6023-000-0380-1 Richard Nance Wylie,Texas 75098 36 Abst 23 38 2000 SH 78 North R-6023-000-0390-1 City of Wylie Wylie,Texas 75098 37 Abst 23 39 6081 Milton #141 63 Dallas,Texas 75206-4411 38 Abst 23 R-6023-000-0630-1 Fred Kern Living Trust 5641 Yale Blvd #108 R-6023-000-0570-1 Mari GPI LLC Dallas,Texas 75206 39 Abst 23 57 6212 Wiscasset Road Virginia Foot Bethesda,MD 2081 6-21 1 8 40 Abst 267 Tract 8 R-6267-000-0080-1 Bill Lovil,P.E. 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J, co 175 Sy zi t 1 0l b 8 L:._ 0) . 9A!JG >199JOJOAjiS X f I c) (..) ,— . ._ .. — r- 0 0 Q r—F- I CD D-1 11 1 1 l I PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 NN I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 3,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 24,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 6%0 Y U) Po Q , (please print) Address: \O 7--" �°1-\\ kN ..f' Signature: G `�..) Date: ciS i-1 i t17 COMMENTS: VVYLIE CITY COUNCIL AGENDA ITEM NO. 3. October 8, 2002 Issue Consider and act upon approval of an Ordinance releasing approximately 14.78 acres ofland from the Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County, being located northeast of the Troy Road intersection with Vinson Road,being situated within the L. B. Outlaw Survey,Abstract No. 173, Rockwall County, Texas. Background The subject property is the northwestern portion of a larger 19.456 acre tract which is currently located entirely within unincorporated Rockwall County,but is also within the jurisdiction of three separate municipalities. The subject 14.78 acre tract abuts the City of Wylie corporate limits within Troy Road and is within Wylie's Extraterritorial Jurisdiction. Because this area is within Wylie's ETJ, it is subject to the platting regulations of the City of Wylie and Wylie is responsible for providing public services and utilities to the area. The eastern 3.3 acre portion of the larger property under single ownership,fronting on to the City of Dallas and Lake Ray Hubbard shoreline,is within the City of Rowlett Extraterritorial Jurisdiction,and subject to the Rowlett platting regulations. A 1.3 acre strip, a 100 feet wide utility easement dissecting the property diagonally from southwest to northeast, lies within the City of Garland corporate limits and is subject to the City of Garland's regulations. This strip dividing the jurisdictions of Wylie and Rowlettt is occupied by the Garland Power and Light(now TXU)electric transmission lines and cannot be developed for other uses. The current and prospective future owners of the entire 19.5 acre property desire to develop the entire tract for single-family residential uses and according to the regulations of a single governmental jurisdiction rather than the current three differing jurisdictions and regulations. Initially desiring to annex the entire 19.456 acres into the City of Wylie for such common development control, the owners sought release to Wylie's jurisdiction of those portions within Garland and Rowlett control and both Garland and Rowlett have agreed to release their respective jurisdictions. However, development potential is very limited within the GP&L (TXU) electric transmission line and this easement cannot be relocated. Property owners have now requested that the City of Wylie release the 14.78 acres from its Exterritorial Jurisdiction so that the entire 19.5 acres can be consolidated under the regulatory jurisdiction of Rockwall County. No public utilities are currently provided or readily available to the subject tract by either of the three jurisdictions. Water is provided to the area by the Eastfork Special Utility District. No sanitary sewerage is currently available,but the closest potential is to a lift station in Troy north of the subject property to be constructed by the Pheasant Creek Addition and transported by force main north to the City of Wylie treatment facilities. Rockwall County has approved the use of an onsite aerobic treatment system to service the entire 19.5 acres. Financial Considerations No tax revenues or service charges are available to the City of Wylie unless and until the property is annexed in to the City. Other Considerations 1. The subject property is within unincorporated Rockwall County. However, this area has also been within the Extraterritorial Jurisdiction of the City of Wylie for a number of years in anticipation of its potential annexation into the City of Wylie. When the larger City of Garland extended its corporate limits along its electric transmission line in order to incorporate its electric generation plant on the southeastern shore of Lake Lavon,the subject property was split into the current three jurisdictions. 2. In March of 2002,in response to changes in State law,the City of Wylie requested that Rockwall County extend Extraterritorial Jurisdiction to Wylie for the area between the City on the southeast and the City of Garland corporate limits(GP&L/TXU easement). Rockwall County Commission responded that the County prefers to maintain exclusive jurisdiction for development of all of its ETJ and no municipality will be approved Extraterritorial Jurisdiction of such unincorporated areas. City staff unsuccessfully discussed with Rockwall County the possibility of securing jurisdiction of at least the 19.5 acres under current consideration, due to its requested annexation and the difficulty of providing municipal sewer treatment to the entire tract. 3. The ETJ provides municipalities with the authority to control the subdivision platting(but not use and development standards)of unincorporated lands which are appropriate for future annexation into that municipality and provision of municipal services. The City is obligated to provide public utilities and services within their established ETJ. Wylie currently provides no public services or utilities to the subject property, although private sewer collection and pumping services which connect to the Wylie system are being constructed to the northwest of the subject property and will make City of Wylie sewer treatment available soon. However, due to the topography and multiple jurisdiction of the subject tract,it is not likely that the entire 19.5 acres can be efficiently serviced by a single municipal sewerage system without the use of lift stations and force mains. 4. Rockwall County has recently approved a private system which can provide sewer collection and treatment to the entire 19.5 acres. Therefore,the applicant is requesting release from the City of Wylie ETJ in order to serve the entire 19.5 acres by this Rockwall County-approved and monitored. A similar request has been made to the City of Rowlett to release the southern 3.4 acres from the Rowlett ETJ, and the Rowlett City Council will consider the request at their October 15 meeting. 5. The applicant has provided a suggested layout for development of the entire 19.5 acres which honors the varied development regulations and jurisdictional lines. City of Wylie sewerage will be available to the subject property in the near future, and the differing regulations of street and lot sizes and administration of development permitting and monitoring can be efficiently accommodated without added time or cost to the development process. 6. Similar requests as the current one have been made previously, and additional such requests are anticipated in the future, especially until the City can comply with its obligation to provide adequate utilities and services to the ETJ. The Council needs to provide clear policy direction for staff to address such requests in the future. A Resolution is provided should the Council desire to approve the current request and release of the subject ETJ to Rockwall County. Board/Commission Recommendations NA Staff Recommendations Policy direction is needed from Council. The entire 19.5 acres can be developed in a manner which honors the varied jurisdictional lines and development regulations as currently exist. These jurisdictional differences have existed for a number of years,and existed when the applicant purchased the subject tract. The applicant has demonstrated that the property can be developed efficiently under the varied regulations, and has failed to demonstrate any hardship sufficient to justify loss of control by the City of Wylie. If the subject property is released from City of Wylie control and developed according to the regulations of Rockwall County,it will not be provided City utilities or emergency services and is not likely to be appropriate for future annexation in to the City of Wylie. Such substandard development, immediately adjacent to the City of Wylie and beyond City controls, could become a visual and economic liability to the City in the future. The Rockwall County Commission has expressed its intention to maintain exclusive jurisdiction of development within the County, and has issued specific approval to sewer services for the subject property. Attachments Location Map Ordinance Letter From Owner/Applicant Requesting Release From ETJ Letter From Rockwall County Advising That The County Desires To Maintain Exclusive Jurisdiction Potential Site Plan IA 0 ,fL 4'Yr z 2,,� Prepared b � Reviewed by Finance CityanagerApproval A roval 1 . . , I . P I P , I '.."....r...., -............J I 1 c..../...' P 1 I P I I I . P I P i I I 1 I P I I I I 1 I 1. I I / CO LIN COUNTY ROL KWALL COUNTY . , . . , . . . .. . _ • . • ... i It 8•• \ ig ,, . .. fi. 111 7Z416j>. . ,,,,gaki, ,+ -s. ek --, 111—, 111 . • • • + •,, +4, Iii. , ••• /`' , •< i / I _ , e •. 4 • 4(, ,• l • . . . • s, , • . . . . ,.. , . . .,.. ,,• >-- h7, I.— L ,. •, „_. ,..- . • . • ED 0• • .' , • \ , ___.1 - , .(r•, , , .. . • CE U.s:- •, , • • • ... l • : • • • • • . s 1 _ ' • - c' . '. . 1 .. ... . • .... Je' • .. ,' •"..— ,'' • , /' • • , •• , • , • • • • • • ,' •- • .•'.. • , _...., ,_,• , • • ' • , ,• ....,. ,• • • LOCATION MAP ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING IN PART RESOLUTION NO. 2002-05; RELEASING A PORTION OF THE EXTRATERRITORIAL JURISDICTION BACK TO ROCKWALL COUNTY; AND PROVIDING AN EFFECTIVE DATE: WHEREAS,the property described herein includes approximately 14.78 acres northeast ofTroy Road and west of the City of Garland corporate limits,being located entirely within Rockwall County;and WHEREAS, on March 26, 2002 the City Council approved Resolution No. 2002-05 establishing the Extraterritorial Jurisdiction of the City of Wylie, including the aforesaid 14.78 acres within Rockwall County; and WHEREAS,the Commissioners Court of Rockwall County did on April 1,2002 express their desire to retain jurisdiction of all lands within Rockwall County,including said 14.78 acres,and the owners of said 14.78 acres have requested that said property be excluded from the Extraterritorial Jurisdiction of the City of Wylie and be subject to the exclusive jurisdiction of Rockwall County;and WHEREAS,the City of Wylie cannot provide sewer services to said 14.78 acres as required by Section 42.024 of the Texas Local Government Code; and WHEREAS,Section 42.023 of the Texas Local Government Code provides that the Extraterritorial Jurisdiction of a municipality may not be reduced unless that governing body of the municipality gives its written consent by ordinance or resolution, the applicants of said 14.78 acres having complied with all requirements of said Section; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,THAT: SECTION 1: That the Maps and Descriptions identifying the Extraterritorial Jurisdiction of the City of Wylie, as adopted on March 26, 2002, be amended to exclude the aforesaid 14.78 acres, and that said 14.78 acres be hereby transferred to the exclusive jurisdiction of Rockwall County. SECTION 2: That this release and transfer of jurisdiction shall extend only to the public right,title and interest which the City of Wylie may have in and to said 14.78 acre tract,and shall be construed to extend only to such interest as the governing body of the City of Wylie may legally and lawfully release and transfer. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. PASSED AND APPROVED by the City Council of the City of Wylie,Collin County,Texas this day of September,2002. John Mondy,Mayor City of Wylie, Texas ATTEST: Barbara Salinas, City Secretary City of Wylie,Texas September 16, 2002 Mr. Claude Thompson City Planner City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Formal Request for Release of the Extraterritorial Jurisdiction of the City of Wylie on a Portion of a 19.456-Acre Tract of Land out of the L. B. Outlaw Survey, Abstract No. 173, and Being More Fully Described in Exhibit "A" Attached Hereto. Dear Mr. Thompson: Realty Development Trust ("RDT"), as Applicant, acting for and on behalf of Viseth Saengchanthavong, owner, previously submitted on July 10, 2001 a request for consensual annexation of the above referenced property (the Property) located generally at the northeast corner of the intersection of Vinson Road (County Line Road) and Troy Road and being adjacent on the south side of Sunrise Beach Estates (Cab. A, slide 53 D.R.R.C.T.), County of Rockwall, Texas. This application was placed on hold pending resolution of certain conflicting municipal and county jurisdictional issues. As a result of numerous meetings and discussions with all governmental entities concerned, and given the difficulties of development under the current umbrella of jurisdictions, we have taken the following action to assure developmental integrity of the Property: 1. The issue involving the release of the ETJ of the southern portion of the Property south of the GP&L easement from the City of Rowlett has been resolved and the formal hearing for approval is scheduled for either October 1st or October 15th 2. Previous request to the City of Garland for the re-routing of their existing 100' annexation strip (contained within the GP&L utility easement) has been dropped as this re-routing would by necessity retain its 100' width and therefore significantly degrade our platting efficiency and would afford no other benefit. Additionally, in support of our request, please refer to your June 13, 2002 letter to County Judge Bill Bell of Rockwall County, a copy of which is attached. It appears that the above referenced request would, as far as the subject Property is concerned, resolve any outstanding issues between the City of Wylie and the County as to the designation of a single subdivision platting authority as required by H. B. 1445. Request for Release of ETJ September 16,2002 Therefore, we respectfully request the City of Wylie take the following action: 1. Withdraw the pending annexation request by Realty Development Trust and provide a written acknowledgment of such withdrawal. 2. Process the above referenced request by either appropriate administrative action or by formal resolution by the City Council. Attached is a survey plat with a metes and bounds legal description of the Property as prepared by Barry Rhodes, registered professional land surveyor, with the subject request area so marked. If there is any additional information you require, please let me know. Sincerely, Realty Development Trust 0;.4 -a77 C. Phillip Clegg, Trustee Attachments Cc: Mindy Manson Legal Owner of Property: By: . Name: Viseth aengchanthavong Date: 9 t `w *!) • p' ad;. BILL BELL,J.D.,L.L.M. COUNTY JUDGE Rockwall County Government Center Telephone: (972)882-0240 1101 Ridge Road,Suite 206 Fax: (972)882-0247 Rockwall,Texas 75087 April 10, 2002 Mr. Claude Thompson Director Of Planning City Of Wylie 2000 Highway 78 North • Wylie, Texas 75098 Dear Mr. Thompson: The Commissioners Court of Rockwall County voted April 1, 2002, to correspond with each city in our county advising that the County prefers to have exclusive jurisdiction for development in all ETJ areas. If any city desires a meeting with the county, please advise my office. Sincerely, ill Bell, J.D., L. .M. County Judge Rockwall County BB/flm . 1 A, A 1 r '7 It 1 2 3 4 5 6 9 10 11 ((�� 7 8 3 f) ---_ , 12 `rV,ss 34 \ r ' a '''Jr 1 35 4 43 42 13 Q 33 \ 47 46 4J d ta 32 ` 36 , 1lior4 41� // v.) 31 \ 40 38 39 / of 30 -t1 15 3W 29 1 4. tS 28 L 3 23 22 .1 27 2. 2c 1 Q �' 25 {" I I 16 t i A' AMID.- -"` ► 21 1 \ 17 �/ - ,o L T 20 I,0 _,1. ` 18 19 0 200 400 OTiiel GRAPHIC SCALE IN FEET VVYLIE CITY COUNCIL AGENDA ITEM NO. i-1 . October 8, 2002 Issue Consider and act upon approval of an Ordinance abandoning the alley right-of-way within Block 9 of the Railroad Addition,being the segment running north-to-south between Second and Third Streets and located between Marble and Jefferson Streets. Background Keith Anderson(through his agent Jerry DeFeo)has requested that the City abandon that segment of the alley that lies between Second and Third Streets and extends between Marble and Jefferson Streets. The alley was created by the platting of the Railroad Addition, one of the original subdivisions within the City of Wylie. The segment of this abandonment is 20 feet wide and 300 feet long,containing 6,000 square feet. The alley is unimproved,but serves as the location ofprivate gas, electric and telephone lines. These utilities will remain in place but will be located within easements through replatting of the adjacent properties. Owners of all properties abutting the subject alley have indicated agreement with the abandonment as well as their potential interest in the purchase of, at fair market value,that portion of the alley that abuts their parcels. Financial Considerations City Code(Ordinance No. 96-25)requires that the City convey, sell or exchange abandoned street or alley property for the fair market value, and is precluded from giving the property away or selling it for less than fair market value. The City has acquired the services of Right-of-Way Acquisition Consultants to conduct an appraisal of the property and establish its fair market value. Although the appraisal is not yet completed,recent similar appraisals have concluded the value of cimilar alleys to range from$5.75 to$8.50 per square foot. The cost of the appraisal will also be paid proportionately by those purchasing the abandoned right-of-way. In accordance with State law,these fluids will be placed in the Street Capital Fund for purchases and improvements of streets and alleys. The City receives no tax revenue from the property as platted within a public alley. If and when the right-of—way is converted to private ownership as planned,the land and any improvements placed thereon will be subject to all taxes of the City of Wylie. Other Considerations 1. In its current condition, the subject alley cannot serve as access by fire and other emergency vehicles or for trash collection. The existing utilities will remain in their current location,but will be provided easements with the replatting of adjacent properties. 2. As currently platted as public right-of-way,the land provides no tax revenue to the City of Wylie. However, if and when incorporated into the abutting properties, the subject land and all improvements developed thereon will be subject to all taxes of the City of Wylie. 3. The incorporation of the alley, currently unimproved and unused, to reconfigure the abutting properties may serve as a stimulus for redevelopment of the abutting properties and other properties within the immediate vicinity. 4. The properties surrounding the subject alley have not been developed as platted. Lot 8 to the west of the alley has been combined with Lots 7 and 9 and developed for single-family uses although never replatted as legal single lots of record. Lots 1 through 4 to the east of the alley have been combined for a commercial use although never replatted. The south half of Block 8 across Second Street has been developed as a parking lot for the First Baptist Church. Jefferson Street is unimproved east of the subject alley. Third Street is also unimproved, and Lots 1 through 4 abutting the east side of the alley have access from Marble Street. 5. Future improvements to State Highway 78 will likely retain the current access to Marble Street. Board/Commission Recommendations Right-of-way abandonment requires only Council action and no review by any Board or Commission However,before the alley may be used for private purposes other than access it must be incorporated into a replat of the adjoining properties and a site plan must be approved by the Planning and Zoning Commission. Staff Recommendations Staff recommends abandonment of the subject alley segment Attachments Location Map Ordinance Letter Requesting Abandonment } ( L Pryi Prepared by Reviewed by Finance City Ma ger Appproval II I I I I I I III I I I I I I I I I 1 I J 1 1 II I I I I I I I I I I I I \Jackson Avenue . 'I. o CD Q I ° IIIILL !' Avenue \ . -,i, . lk \ 1 . a i i (/) i -Street First Street rrr - 1 - J 1I i k . \ L- --„, Ur Oand Street Second Street (r) n W D o in ei- 0— mill r-t- NJ). CD ID ........ 0 ird in Street \ , - - - - (1) - -0 z d' < . , D "1:7 rth ree ' Fourth St 00 511 1 I 1 m a•k . . , Fifth Street / L 1 CD i- - - \ \ 1 i 1 1 I I I I 1 11 T _ n\ ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING THE ALLEY IN BLOCK 9 OF THE RAILROAD ADDITION: PROVIDING THAT SUCH ABANDONMENT SHALL BE IN THE INTEREST IN WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID PORTION OF ALLEY SHALL BE OFFERED FOR SALE TO ADJACENT PROPERTY OWNERS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS,the property described herein includes the platted right-of-way of an alley,being twenty(20) feet in width and three hundred(300)feet in length located between Second and Third Streets within Block 9 of the Railroad Addition; WHEREAS, owners of the property adjacent to said alley have requested that the right-of-way be abandoned and be sold to adjacent property owners for use in conjunction with the redevelopment of these adjacent properties, said owners of adjacent properties having agreed to the purchase of the appropriate abutting right-of-way at established fair market value; and WHEREAS, the City of Wylie has determined that said portion of alley is no longer needed for public access purposes,provided that existing utilities located within said right-of-way are converted to easements through platting or other legal instruments by those new owners acquiring said right-of-way; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,THAT: SECTION 1:That the above described alley right-of-way is no longer necessary for public access purposes, provided that existing utilities shall be located within easements, and that said portion of alley should be abandoned in favor of adjacent property owners. SECTION 2:That this abandonment shall extend only to the public right,title and interest which the City of Wylie,Texas may have in and to said alley,and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. PASSED AND APPROVED by the City Council of the City of Wylie,Collin County,Texas this day of September,2002. John Mondy,Mayor City of Wylie,Texas ATTEST: Barbara Salinas, City Secretary City of Wylie,Texas Jerry DeFeo Designs 1806 Eastern Hills Garland, Texas 75043 972/240-5800 office - 972/240-5818 Fax August 28, 2002 Claude Thompson Planning Director City of Wylie 2000 Hwy 78 North Wylie, Texas 75098 Dear Sir, Please consider this letter as a formal request to have the City of Wylie consider the Abandonment of the Alley Right-of-way that runs North and South in the center of Block 9 of the Railroad Addition. This shows to be 20' wide and 300' long and is located between Second and Third Streets, bounded by Marble and Jefferson Streets. I am currently doing some work for Mr Keith Anderson who owns lots 5 & 6. I have been in conversation with Mr K C Swayze who owns lots 7, 8 & 9. Both gentlemen have indicated their interest in purchasing the 20' Right-of-way that adjoins their respective properties. We do understand that a decision by City Council will be necessary and an Appraisal of said land for Fair Market Value, along with the offering to the Owners of Lots 1, 2, 3, & 4. But we are interested and feel that incorporating this Alley Right-of-way into the adjacent properties would be in the best interest of all concerned. We also understand if said alley has Utilities that there will have to be a Utility Easement granted. We look forward to your earliest response. Respectively, erry J DeFeo WYLIE CITY COUNCIL AGENDA ITEM NO. 5. October 8, 2002 Issue Consider and act upon approval of an ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details. Background New manuals for the design of storm drainage, water and sanitary sewer lines and thoroughfares were adopted on January 22, 2002. The new standards included an increase in the residential right- of-way width from fifty feet to fifty-five feet to better accommodate the increase in paving width from twenty-seven feet to thirty-one feet. The additional right-of-way width was required to provide for the installation of utilities; however, a five-foot utility easement is now being required across the front of lots not served by an alley,which makes the additional right-of-way unnecessary. Also, the new manuals increased the parking stall dimensions from nine feet by eighteen feet to ten feet by twenty feet. The proposed ordinance would change the parking dimension to nine feet by eighteen feet to coincide with other cities in the area as shown below. Standard Parking Space Dimensions City of Plano 9' x 20' or 9' x 18' with a 2' overhang City of Frisco 9' x 20' or 9' x 18' with a 2' overhang City of McKinney 10' x 18' City of Allen 9' x 18' City of Murphy 9' x 18' City of Sachse 9' x 18' City of Rockwall 9' x 20' —no compact spaces allowed Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Ordinance. Attachments Ordinance Prepared by Reviewed by Finance ity Man er Approval CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING WYLIE ORDINANCE NO. 2002-05; AMENDING ENGINEERING MANUALS FOR 'I'HE DESIGN OF STORM DRAINAGE SYSTEMS, WATER AND SANITARY SEWER LINES AND THOROUGHFARE STANDARDS AND STANDARD CONSTRUCTION DETAILS, PROVIDING FOR REPEALING, SAYINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas("City Council")has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas("Wylie")to amend Wylie Ordinance No. 2002-05 Engineering Manuals for the Design of Storm Drainage Systems,Water and Sanitary Sewer Lines, and Thoroughfare Standards and Standard Construction Details(hereinafter collectively referred to as the"Design and Construction Standards"), revising Part 2 (Thoroughfare Design Standards) and the Standard Construction Details. 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. Amending Wylie Ordinance No. 2002-05, Design and Construction Standards, Part 2 (Thoroughfare Design Standards). The Design and Construction Standards, Part 2 (Thoroughfare Design Standards)is hereby amended to read as follows: SECTION II— STREET DESIGN STANDARDS A. DEFINITIONS Page 1 of 3 TABLE I Pavement Median Parkway Type R O-W (Face to Face) (Face to Face) Width Major Thoroughfare(Type B) 120' 6/12' (72') 22' 13' Secondary Thoroughfare(Type C) 100' 4/12' (48') 24' 14' Collector(Type D) 65' 38' None 13.5' Residential Street(Type E) 50' 31' None 9.5' Estate Residential(Type E-1) 60' 32'* None 14' SECTION VII—OFF STREET REQUIREMENTS B. PARKING—LOT LAYOUT 3) Each standard off-street parking space shall contain not less than 162 square feet and measure not less than 9 feet by 18 feet, exclusive of access drives and aisles, and shall be of usable shape and condition. SECTION 3. Amending Wylie Ordinance No. 2002-05, Design and Construction Standards, Standard Construction Details. The Design and Construction Standards, Standard Construction Details is hereby amended to read as follows: PAVING NOTES 17. All areas not under paving shall be compacted to a density of not less than 92 percent of the maximum density. STD-14—Fire Hydrant Notes: 4. All hydrants shall be installed with a 24"x 24"square reinforced concrete pad. SECTION 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending Page 2 of 3 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 ordinances shall remain in full force and effect. SECTION 5. 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. SECTION 6. Effective Date. This Ordinance shall become effective from and after its passage and adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of October 2002. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: BARBARA SALINAS, City Secretary Date of Publication: Page 3 of 3