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09-23-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, September 23, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL To ORDER INVOCATIONi&IttOOtQ» ALGIANE A Moment of Silence "In Memory of Joel Scott" former Councilman and Friend Reverend Jerry North of the First Assembly of God Church will lead us in Prayer PRGCLAMATIOIIS& FRESEN 1 V[R)NS Cf TI ENS FARM IPATTi�(]1�I .................. ( ONSENT.AGEN A All matters hated wider the Consent Agenda are considered to be routine by the City Council and yi be enacted by' one motion. `there will not be separate discussion of these items D'discussionAsopitgot.:iidookihacW.1***.iititirootoeit from t1ie Consent Agennda and mill>be c sidered: arately A. Approval of the Minutes from the Regular Meeting of September 9, 2003 B. Consider and act upon a Final Plat for the A&W Properties Addition,being all of a certain 25,629 square feet (0.5884 acre) tract of land, generally located north of F.M. 544 and east of Springwell Parkway, as described in a deed to Peter Parks, recorded in Volume 2152,Page 502 of the Deed Records of Collin County, Texas (DRCCT), and also being described as Lot 10 of McCord's Little Six Addition, an unapproved plat recorded in Volume 1002, Page 447 of the DRCCT, and being situated in the Moses Sparks Survey, Abstract No. 849,City of Wylie,Collin County,Texas. C. Consider and act upon a Preliminary Plat for the for the Alanis Addition,being all of a certain 5.201 acre tract of land,generally located east of Ballard Avenue and north of Alanis Drive,as described in a deed to Whisenant Properties,Inc.,as recorded in County Clerk's File No. 97-0054771 of the Deed Records of Collin County,texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. D. Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge Phase 9 Addition,being all of a certain 49.718 acre tract of land,generally located south of Alanis Drive and west of Sachse Road,and being a part of the remainder of the 411.15 acre tract of land described in a deed to C.J. Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Collin County, Texas and being a part of the remainder of the 199.3963 acre tract of land described in a deed to Woodbridge Properties,L.L.C.,as recorded in County Clerk's File No. 97-0032076 of the Deed Records of Collin County, Texas and being situated in the Richard Newman Survey, Abstract No. 660,City of Wylie,Collin County,Texas. E. Consider and act upon Ordinance#2001-30 ratifying the findings contained therein. F. Consider and act upon Ordinance#2003-23 abandoning an alley in Block 7 of the Brown and Burns Addition and declaring it is no longer necessary for a public purpose. INDIVIDUAL CC3 i IDERA` ION 1. Hold a Public Hearing to consider and act upon a change in zoning from Community Retail (CR) to Planned Development District (PD) for Retirement Housing,being a 7.643 acre tract of land generally located south of State Highway 78 South and west of Mardi Gras Lane, and being a portion of the 5.232 acre tract of land described in a deed to Ross S. Bagwell and Paula D. Bagwell, Agland Chemical Money Purchase Records ofand Agland Chemical Profit Sharing Plan, as recorded in County Clerk's File No. 94-0078165, Deed Collin County, Texas (DRCCT), and being a portion of the 20.01 acre tract of land described in a deed to Bariatric Care Center of Texas,Inc.,as recorded in Volume 4621,Page 1555 of the DRCCT,and being situated in the E.C.Davidson Survey,Abstract No.267,City of Wylie,Collin County,Texas. (Zoning Case 2003-11) Executive Summary The applicant is requesting rezoning to a Planned Development(PD)District in order to allow construction of a retirement residential complex restricted to senior citizens, including 150 attached dwelling units and common community center. Every apartment must contain at least one person who is 55 years of age or older,and minor children are not allowed. The subject property totals 7.643 acres, reflecting a gross density of 19.63 dwelling units per acre. However,development will be confined to a 5.139 acre parcel,reflecting a net density of 29.3 dwellings per acre,with the remaining 2.504 acres to remain undeveloped open space. Traditional apartments as well as Assisted Living for seniors are allowed by right within the current Community Retail zoning when included within multi-use structures,but the proposal anticipates no such mixed uses and can be permitted only by Planned Development District. The proposal will contain only 2-and 3-bedroom suites and all dwellings will have full kitchens. The Conditions of the PD propose several variances from the standard regulations of the Zoning Ordinance,including,taller buildings,smaller setbacks,less masonry on exterior walls and reduced parking. The property's limited access and visibility limit its potential for the retail uses for which it is currently zoned. The Planning & Zoning Commission recommends approval, while staff recommends denial of the requested rezoning. Public comment forms were received from eleven (11) property owners within 200 feet of the request, with four favoring and seven opposing the rezoning. 2. Consider and act upon a Payment in Lieu of Ad Valorem Taxes Agreement with PWA-Wylie Senior Community, L.P. Executive Summary On the September 23, 2003 agenda is ZC 2003-11,for the Evergreen Retirement Homes. The proposed General Partner and owner of the project are currently exempt from property taxes by Texas law. Tax credits have been applied for with the Texas Department of Housing and Community Affairs for the purpose of developing the senior apartment complex of 150 units for lower income individuals of 55 and older. The developer has proposed a Payment in Lieu of Taxes(PILOT)agreement which would reimburse the City at 100% of the value of the ad valorem taxes,on a yearly basis. 3. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 (SF-8.5/17) to Townhouse(TH)District for residential uses,being located at 414 N.Jackson Avenue,and being Lot 3A,Block 2 of the Russell Addition, and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County,Texas. (Zoning Case 2003-12) Executive Summary The applicant is requesting rezoning from Single-Family 8.5/17 to Townhouse(TH)in order to continue redevelopment from detached single-family homes to duplexes, similar to the recent pattern to the west side of Jackson Street. The subject lot is vacant, and is of sufficient size to accommodate the proposed duplexes. The property must be replatted prior to issuance of a building permit. The Planning&Zoning Commission and staff recommend approval of the requested rezoning. Public comment forms were received from three(3)property owners within 200 feet of the subject property,all favoring the request. WORK SESSION • Discuss new sign regulations ........................... RECONVENE TO:REGU ,AR SESSION 4. Consider and act upon Ordinance#2003-14, adopting new sign regulations, repealing Ordinance#2002-27 and repealing all conflicting ordinances. Executive Summary This item was tabled in Work Session at the August 12, 2003 Council Meeting. Last August, the City Council adopted new sign regulations. Two issues were specifically discussed at the council meeting regarding the new regulations. The first issue involved the appeal process. A question arose whether the Board of Adjustment had final authority over sign variances or if someone had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue involved directional signs for residential subdivisions. The new ordinance only allowed for directional signs that were off-premise to be placed in the public right-of-way. The proposed ordinance attempts to resolve the two issues above as well as several other issues that staff feels should be changed See attached item for additional changes. 5. Hold a Public Hearing to consider and act upon adoption of revisions to the Comprehensive Zoning Ordinance of the City of Wylie,Collin County,Texas. Executive Summary In February of 2002,the City Council adopted a new Zoning Ordinance,significantly revising the previous Ordinance which had been in place since 1985. Since their adoption,administration of the new regulations have identified certain areas in need of revision,including exterior materials for residential uses(Section 3.4.F),the size and materials for accessory buildings(Section 2.5.D),the permitting of Temporary Uses(Section 5.5),and the allowance of some building encroachments into required yards(Section 2.5.E). Section 211.006 of the Texas Local Government Code requires that the governing body hold a publicized public hearing before adopting zoning regulations. The Planning&Zoning Commission and staff recommend adoption of the revisions as proposed. READING OF ORDINANICES TITLE& CA,PTIO i APPROVED BY COUNCIL AS REQUIRED BY W YLTE CITY' CHARTER,ARTICLE ,SECTION 13-I3 EXEC TI SESS ION In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551. Section 551.071, Government Code. Meeting with city attorney to receive information pertaining to a personnel issue in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. RECONVENE INTO OPEN MEETING Take any action as a result of the Executive Session. ADJOURNMENT in addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 19th day of September, 2003 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.ci.wylie.tx.us Carole Ehrlich,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 the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, September 9, 2003 — 6:00 p.m. Wylie Municipal Complex— Council Chambers .................... CALL TO ORDE)fi The meeting was called to order by Mayor John Mondy at 6:03 p.m. with the following council members present: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Randal Shinn. The following staff members present were; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Planning and Zoning Director, Claude Thompson, Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCA I lON&IPLEt GE OF t1L GIA NCE The invocation was given by Reverend Al Draper of First Baptist Church and Councilman Worley led the Pledge of Allegiance. FRESR.0i8 IONS & PROCIIAMA 'IONS • Declaring September 17"'through September 23" as "Constitution Week" Mayor Mondy presented a proclamation to Laverne Ketcherside representing Daughters of the American Revolution, declaring the week of September 17— 23 as "Constitution Week". ...................................... CITI ENS PA1 L TICI PA IO1�I There was no one present to address council. CONSENT AGENDA All matters listed under the Cons nt Agenda afire considered to be ruu m by the City Council and iii be enacted'. by one motion There mill nut be separate discussion of•these items if discussion 1 desired,that item will he removed from the Consent:A enda and will he considered separately A. Approval of the Minutes from the Regular Meeting of August 26, 2003. B. Consider and act upon a request from the Wylie Chapter of Cowboys for Christ to sell items such as hats and bibles at Olde City Park in the Gazebo during their community concert, September 20, 2003. C. Consider and act upon a request from the Wylie Chamber of Commerce and Wylie Downtown Merchants to use Olde City Park and the Bart Peddicord Community Center for the Wylie Country Fair. The date for the Country Fair is Saturday, September 13, 2003. D. Consider and act upon an Ordinance#2003-20 denying TXU Gas Company's request to change rates. Minutes—09-09-03 Wylie City Council Page 1 E. Consider and act upon a Final Plat for the Meadowview Estates Addition, being all of a certain 34.088 acre tract of land, generally located west of North Ballard Avenue (F.M. 2514) and north of Brown Street (F.M. 4312), as described in a deed to Saddlebrook Investments, Ltd. as recorded in Volume 5404, Page 1042 of the Deed Records of Collin County, Texas, and being situated in the S.B. Shelby Survey,Abstract No. 820,City of Wylie, Collin County, Texas. F. Consider a recommendation to the City Council regarding a Final Plat for the Wyndham Meadows Addition, being all of a certain 12.45 acre tract of land, generally located north of East Brown Street and east of Eubanks Street, and being a portion of the 7.6883 acre tract of land described in a deed to Cinnamon Teal,LLC, recorded in Volume 5247, Page 5433 of the Deed Records of Collin County, Texas (DRCCT), and being a portion of the 5.0060 acre tract of land described in a deed to Cinnamon Teal LLC, recorded in Volume 5244,Page 6100 of the DRCCT, and being situated in the Francisco De La Pina Survey, Abstract No. 688,City of Wylie, Collin County, Texas. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the consent agenda with one change to the minutes. A vote was taken and passed 7-0. RECESS C TY:COUNUII The Mayor called for a recess to allow the Parks and Recreation Facilities Development Corporation Board to convene at 6:12 p.m. Ct#L , TO C3RDER PASS ,& RECREATION 'A I LITIES DEVELOPMENT c RPoRATto Parks and Recreation Facilities Development Corporation Board Members present: Mayor John Mondy, Councilman J.C. Worley, Councilman Chris Trout, Councilman Eric Hogue, and Parks and Recreation Representative, Anne Hiney. Library Representative, Shirley Burnett and Parks and Recreation Representative, Dan Chesnut were absent. la. Consider and Act Upon Approval of the FY04 4B Budget, authorizing expenditures for the FY04 Community Services Facilities Capital Improvement Plan. Councilman Trout made a motion to approve the FY04 4B Budget, authorizing expenditures for the FY04 Community Service Facilities Capital Improvement Plan. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Library Board Representative, Burnett and Park Board Representation, Chesnut were absent. AD4IR PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION With no further business before the Parks &Recreation Facilities Development Corporation, the meeting was adjourned at 6:13 p.m. RECQl' VEN CITY GONN A Mayor Mondy reconvened the City Council Meeting at 6:13 p.m. Minutes—09-09-03 Wylie City Council Page 2 ITEMS FOR INAJVIDU. L CONSIDERA'TION AC ION 1. Consider and Act Upon Approval of the FY04 4B Budget and the Community Services Facilities Capital Improvement Plan. Council Action A motion was made by Councilman Young, seconded by Councilman Shinn to approve the FY04 4B Budget and the Community Services Facilities Capital Improvement Plan. A vote was taken and passed 7-0. Public Hearing 2. Hold a public hearing and consider and act upon Ordinance #2003-21 of the City of Wylie, Texas, adopting a budget and appropriating resources for Fiscal Year 2004, beginning October 1, 2003, and ending September 30, 2004. Staff Comments Mr. Brady Snellgrove, Finance Director, addressed this item providing Council a brief background on the proposed budget. Public Hearing The Mayor opened the Public Hearing at 6:22 p.m. and asked that anyone wishing to speak either in favor or opposition of the proposed budget to please come forward and state their name and address for the record and limit their comments to three minutes. With no response, the Mayor then closed the Public Hearing at 6:23 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance#2003-21 adopting a budget and appropriating resources for Fiscal Year 2004, beginning October 1, 2003 and ending September 30, 2004. A vote was taken and passed 7-0. 3. Consider and Act Upon Ordinance#2003-22 fixing the tax rate/levy for 2003 and for the fiscal year 2003-2004 Budget. The tax rate proposed is seventy and one-half cents ($0.705) per $100 of assessed value. Staff Comments Mr. Brady Snellgrove, Finance Director, addressed this item providing Council a brief background on the proposed tax rate stating that the proposed tax rate of$0.705 represents a one-cent decrease from the FY2003 rate. One cent of the proposed tax rate will generate approximately $113,000. The tax rate for maintenance and operations is $0.534042 per$100 of assessed valuation and the debt service rate is $0.170958. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to approve Ordinance #2003-22 fixing the tax rate/levy for 2003 and for the Fiscal Year 2003-2004 Budget. The tax rate proposed is seventy and one-half cents ($0.705) per$100 of assessed value. A vote was taken and passed 7-0. Minutes—09-09-03 Wylie City Council Page 3 Public Hearing 4. 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) to allow joint residential and retail uses, located at 405 N. Ballard Street, being Lot 1A, Block 2 of the Russell Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-10). Staff Comments The applicant is requesting rezoning to a Planned Development (PD) District in order to allow initially the operation of a gift shop on their residential property and the ultimate operation of a Bed & Breakfast Inn within the family home. The subject property is currently zoned Single-Family Residential (SF 8.5/17) District, having been rezoned from Single-Family 2 (SF-2) District in February of 2002 with the adoption of the revisions to the Zoning Ordinance and Map in February of 2002. Both the current SF 8.5/17 and the previous SF-2 Districts allow residential uses on lots of 8,500 square feet or larger. Retail uses are not allowed within either of these residential Districts. Bed and Breakfast lodging was not a specified use within the previous Ordinance but is allowed within some residential and nonresidential districts of the current Ordinance. Letters were sent to property owners within 200 feet of the proposed zoning change and five were returned. Four were in favor of the zoning change but one was against. Because the property owner expressing written opposition to the request represents more than twenty (20) percent of the land within the notification area, State Law requires the affirmative vote of three-fourths (3/4) of the City Council to approve the change in zoning. At the August 19, 2003 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of the proposed zoning change with the stipulation in the Development Conditions that a fence along the front and side yards shall abide by City Codes. Staff recommends approval. The most objectionable part of the request is the free-standing gift shop, which is not compatible with the residential neighborhood. However, the proposed gift shop is small and all parking will be provided on the large lot, so it is not anticipated to impose a negative impact on the surroundings. Owner Comments Archie and Rebecca Henderson of 405 N. Ballard Avenue, Wylie, TX were present to address the council stating that a drive would be constructed to give access to existing homeowners as well as accommodate customers coming to the gift shop. Mr. Henderson stated that the home had been repainted to as close to the original color as was possible. The home was built in 1888. The same original design will be incorporated into the gift shop. He stated that the understanding he had was that the paving of the drive would be done prior to the certificate of occupancy for the bed and breakfast and that the gift shop could be opened earlier. Public Hearing The Mayor opened the Public Hearing at 6:55 p.m. and asked that anyone wishing to speak either in favor or opposition of the proposed zoning change to please come forward and state their name and address for the record and limit their comments to three minutes. With no response, the Mayor then closed the Public Hearing at 6:55 p.m. Council Discussion Council members stated several concerns pertaining to the zoning change to allow for a gift shop and bed and breakfast. Some of those issues concerned: the alley and drive way having a very narrow access,the types of Minutes—09-09-03 Wylie City Council Page 4 items that would be available for purchase in the gift shop in conjunction to having a church across the street and current zoning laws, the drive for the business not being paved from the drive to the gift shop prior to the opening of the bed and breakfast, the timeline of 3-5 years for the establishment of the bed and breakfast, and the parking available for customers visiting the gift shop and the possibility of these customers parking in the church parking lot. Mr. and Mrs. Henderson requested that the zoning change be tabled until they meet with staff and address some of these concerns. Council Action A motion was made by Councilman Shinn, seconded by Mayor Pro Tern Hogue to table this item until the Regular Council Meeting of October 14, 2003. A vote was taken and passed 7-0. 5. Consider and act upon a Resolution nominating candidates to the Board of Directors for the Central Appraisal District of Collin County for two-year terms beginning January 1, 2004. Council Action A motion was made by Councilman Young, seconded by Councilman Shinn to table this item until the October 14, 2003 regular Council Meeting. A vote was taken and passed 7-0. 6. Consider and act upon authorizing the City Manager to enter into an agreement with Brinkley Sargent Architects (BSA) for the preparation of a Future Needs Assessment. Staff Comments Assistant City Manager Ms. Mindy Manson addressed council stating that during the May 27, 2003 Council Meeting, Council authorized the issuance of a Request for Proposal (RFP) for the preparation of a Future Needs Assessment. Five firms submitted proposals which were evaluated and narrowed down to two. A team consisting of Mike Sferra, Jeff Butters, Jim Holcomb and Mindy Manson heard presentations from the two consulting firms. Based on these presentations, as well as firm reputation and references, staff recommends entering into an agreement with Brinkley Sargent Architects. Council Discussion Councilman Young asked why the need assessment was needed. Ms. Manson stated that the area that will be addressed first is what the City's needs are and then in what priority these needs should be addressed. At that time the firm will assist in choosing suitable locations for the needed facilities. They will also do preliminary budget forecasts on the cost to construct the facilities. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to authorize the City Manager to enter into an agreement with Brinkley Sargent Architects (BSA) for the preparation of a Future Needs Assessment. A vote was taken and passed 7-0. 7. Consider and act upon authorizing the City Manager to secure a proposal for professional services to develop a municipal storm water drainage fee. Minutes—09-09-03 Wylie City Council Page 5 Staff Comments Mr. Mike Sferra addressed council stating that the Texas Commission on Environmental Quality (TCEQ)has charged the City or Wylie with the principal responsibility for storm water management within its jurisdiction. Staff is currently preparing a mandated five-year Storm Water Management Plan (SWMP) for submittal to TCEQ for acquisition of a state permit. The SWMP must include provisions to effectively manage the quality of storm water runoff generated within the City. Council Discussion Mayor Mondy asked Mr. Sferra if the fee required would be passed on as a utility fee. Mr. Sferra stated that a master plan was required by TCEQ and would manage all storm water runoff for the City. It would be passed on in the form of a fee to residential and commercial accounts. Mr. Biff Johnson stated that this would be a state non-funded mandate required by the state to all cities in Texas. This request for proposal would be the first step in acquiring estimates to see how much it would cost to fund this mandate. Mr. Sferra stated that this mandate is part of the Clean Water Act which protects the drinking water to citizens. Areas of inclusion are: public education and public participation to let citizens and business know what they should and should not be doing. It will also require the city to perform cleanup operations and infrastructure improvements along with improving drainage systems and putting in place drainage systems where there are none. This will be incorporated into a Storm Water Management Plan over the next five years. Councilman Trout asked if this goal could be obtained without a fee. Mr. Johnson stated that with the unfunded mandate the state has charged cities with, there would have to be either a Storm Drainage Fee or tax increase based on that unfunded mandate. He stated that once the proposal was prepared, it would show the fee charge needed to fund the mandate. At that time staff would come back to council with that information. Council could look at options that would be available to fund the state requirements. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to authorize the City Manager to secure a proposal for professional services to develop a municipal storm water drainage fee. A vote was taken and passed 7-0. 8. Consider and act upon amending the Founders Park Master Plan to reflect an area on the east side of the park between the TXU and TXU/Explorer Pipeline Easements for the placement of the Community Playground Project, by the Blackland Prairie Playground Foundation. Staff Comments Mr. Robert Diaz addressed council stating that Blackland Prairie Playground Foundation had been discussing various locations for a community built playground with the Parks and Recreation Board and staff for the past few months. At the August 25, 2003 Parks and Recreation Board meeting the Board approved a motion to allow an amendment to the Founders Park Master Plan to allow for a playground area on the east side of Founders Park between the TXU and TXU/Explorer Pipeline Easements. He stated that staff also recommends approval. Minutes—09-09-03 Wylie City Council Page 6 Developer Comments Ms. Anne Hiney, coordinator for the Blackland Prairie Playground Foundation addressed council stating that the design day was scheduled for September 26, 2003. At that meeting there would be a preliminary plan for the play ground that will outline how much needs to be raised and how long it will take to raise those funds. She stated that the hope of the foundation was to raise the funds within one year of the meeting. Council Discussion Mayor Mondy asked how much of the required funds had been raised. Ms. Hiney stated no funds had been raised to date. Mayor Mondy asked Mr. Diaz about the size area it would take to construct the playground. Mr. Diaz stated that 1-2 acres had been tentatively set aside for the park which would be plenty of space for the project. Mayor Mondy asked what the foundation wanted from council. Ms Hiney stated that she needed the council support both in approval of the concept and getting the message out to civic leaders for assistance in fund raising. Mayor Mondy stated that he would like to see the project fully funded within one year. Mayor Mondy also stated that he would like to see the project come back to council for final approval of the plan when the funds have been raised and prior to beginning construction. Council Action Mayor Pro Tern Hogue made a motion to approve the amendment to the Founder's Park Master Plan to include the use of a general area on the east side of Founder's Park between the TXU and TXU/Explorer Pipeline Easements for the placement of the Blackland Prairie Community Playground Project, with the stipulations that the funds be raised by September 26, 2004 and the plan be brought back to Council for approval. Councilman Young seconded the motion. A vote was taken and passed 7-0. READING iOF ORDINANCES TITLE c CAPTION.APPROVED BY COUNCIL AS R QUIREDBY'. WYLIE C:>'TY C ART R,ARTICLE 11.1, ECTION i3 D Ordinance#2003-20,#2003-21,#2003-22 City Secretary, Carole Ehrlich read ordinance captions to Ordinance#2003-20, #2003-21, and#2003-22 into the official record. Mayor Mondy recessed the meeting into Executive Session at 7:50 p.m. ..................... EXECUTIVE SESSIOIti in accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), SS 551.072 Deliberation Regarding Real Property; Closed Meeting • Discussion of property for the Kirby/Stone Project Section 551.071, Government Code. Meeting with city attorney on a matter in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. Minutes—09-09-03 Wylie City Council Page 7 RECONVENE 1NTO'OPEN MEETING • Take any action as a result of the Executive Session. Mayor Mondy reconvened the meeting into Open Session at 8:44 p.m. There was no action taken on Item A. or Item B. ADJOURNMENT With no further business before the council the meeting was adjourned at 8:45 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—09-09-03 Wylie City Council Page 8 WYLIE CITY COUNCIL AGENDA ITEM NO. B. September 23, 2003 Issue Consider and act upon a Final Plat for the A&W Properties Addition, being all of a certain 25,629 square feet (0.5884 acre)tract of land, generally located north of F.M. 544 and east of Springwell Parkway, as described in a deed to Peter Parks, recorded in Volume 2152, Page 502 of the Deed Records of Collin County, Texas(DRCCT), and also being described as Lot 10 of McCord's Little Six Addition, an unapproved plat recorded in Volume 1002, Page 447 of the DRCCT, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The Final Plat for Lot 1,Block A of A&W Properties Addition includes 0.5884 acre(25,629 sq. ft.) and will create a single lot for Office/Warehouse uses. This property is located within the McCord's Little Six Addition, a subdivision that was never approved by the City or County and properly recorded and therefore never legally platted. The property was rezoned from Business District(B-2) to Corridor Commercial(CC)with the adoption of the new citywide Zoning Ordinance and Map in February 2002. A Site Plan for the subject property was approved by the Planning and Zoning Commission on September 2, 2003. 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 plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations 1. The Final Plat substantially conforms to the Site Plan and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The Right of Way for F.M. 544 has been established by the recent widening, as has the curb cut entryway for the subject tract. A joint access easement has been provided on this plat to provide cross access to the adjoining tract to the west for future development in order to reduce the number of curb cuts needed. 3, The eastern twenty(20) feet of the subject tract is occupied by an open drainage channel,which the plat places in a drainage easement shared with the property to the east. This drainage channel effectively eliminates the potential for joint access between these lots. Board/Commission Recommendations On September 2, 2003, the Planning and Zoning Commission voted 5-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat le.4‘ii44. )1?Y‘''1/4-- - ,P9.,i& d ` Prepared by Reviewed by Finance City M r Approval 09/03/03 15:53 FAX 2143211138 Dav1s1L 2102 It s I t• i Al i t' / ! 11 s i l 3 e IV 1 i I 1 Ng 1 k p 1 !I ,ispi, ;, r, li b 4 I hi! t1561111EZ ; VI one ibi I i 1 IL pig r I ,. 1 I 's in i Pitt 'PM 11 I! ac. IV HE I g "� i ir 1 iht ift sIC i IC i g allistillh i i itli I el iiill 2 _ I I : „J i I i I IEr L'1 r 1 li� i��l= #I; 01104 CNN" i # 1ab 4-a,i t $ .1 ■ �i i Iii iv 1 ait 1! oth g vull iitip il id 11 6 Oil 4 1'4 LI 4N 1 li ' II 1I III i' II1 i �� f .4 1 ee � �1 :�,,. , 'ill i i PAII t 1 ' . ... 1 i 1, .. , tis. 1 s overly F- ajs,� ; i irl 1 , b R < I - Q i .: J I r , QL - 'VS ii §a Z i o til M QQThiW-/l47� 1 4 1 , 1 1 1 i,. i I., i . iii_ r, 0 1 1,..iii wN. 1 WYLIE CITY COUNCIL AGENDA ITEM NO. C. September 23, 2003 Issue Consider and act upon a Preliminary Plat for the for the Alanis Addition,being all of a certain 5.201 acre tract of land,generally located east of Ballard Avenue and north of Alanis Drive,as described in a deed to Whisenant Properties,Inc.,as recorded in County Clerk's File No. 97-0054771 ofthe Deed Records of Collin County, texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 2 lots totaling 5.201 acres. Lot 1 is 2.127 acres in size and will be developed in the future as Neighborhood Services retail. Lot 2 is 3.074 acres in size and will be developed immediately as the Stepping Stones Day Care. The day care use is permitted by right in the Neighborhood Services District. A Site Plan for the daycare was approved by the Planning and Zoning Commission on September 2, 2003. 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 municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations 1. The proposed Preliminary Plat for the Alanis Addition complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie. 2. The Plat provides additional right-of-way of varying widths for the future expansion of South Ballard Avenue. No additional right-of-way is required for Alanis Drive. 3. A dedicated median cut on South Ballard Avenue is planned for Fire Station No. 1 for emergency vehicle use only and will not provide access for southbound traffic to the proposed retail site of Lot 1,nor can joint access be shared with the Fire Station.A joint access easement is provided by this plat between Lots 1 and 2, which will provide access to both lots from the median cut on Alanis Drive. Board/Commission Recommendation At the September 16,2003 Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of this Preliminary Plat. Staff Recommendation Approval. Attachments Preliminary Plat/Site Plan n Prepared by Reviewed by Finance City M ger Approval WYLIE CITY COUNCIL AGENDA ITEM NO. D. September 23, 2003 Issue Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge Phase 9 Addition, being all of a certain 49.718 acre tract of land, generally located south of Alanis Drive and west of Sachse Road,and being a part of the remainder of the 411.15 acre tract of land described in a deed to C.J. Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Collin County, Texas and being a part of the remainder of the 199.3963 acre tract of land described in a deed to Woodbridge Properties,L.L.C.,as recorded in County Clerk's File No. 97-0032076 of the Deed Records of Collin County, Texas and being situated in the Richard Newman Survey,Abstract No. 660,City of Wylie, Collin County, Texas. Background The Development Plan/Preliminary Plat under consideration is for Woodbridge, Phase 9 Addition. The property includes 49.718 acres and will create 230 single-family detached residential lots of varying sizes (5,500 sq. ft. to 7,200 sq. ft.) with landscaped entry features and other common areas/open spaces to be owned and maintained by the Homeowners Association. The subject property is part of the larger mixed use Woodbridge Planned Development(PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces. The Woodbridge Development totals 921 acres in size,of which approximately 409 acres and 1,650 single-family lots are located within the Sachse city limits and nearing completion. The portion of the PD located within the Wylie city limits is approximately 512 acres in size and includes a golf course,a school site, common and public open spaces,and approximately 980 detached single-family residential lots(SF- 5.5, SF-7.2 and SF-8.4). The Phase 9 Addition currently under consideration is the first residential phase entirely within the Wylie city limits,although other plats have included lots which are partially within Wylie. The Concept Plan was approved by the City Council as part ofthe original Planned Development(PD 1998-15) on June 9, 1998, but did not serve as an approved Preliminary Plat and each subsequent phase must have a Development Plan/Preliminary Plat approved by the Planning and Zoning Commission and City Council. No public hearing is required for Development Plans,which conform to the PD's Concept Plan. The subject development will comply with all of the applicable requirements set forth in the conditions of the PD 1998-15. 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 municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Development Plan/Preliminary Plat substantially conforms to the approved Concept Plan of the Planned Development PD 98-15 and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie in effect at the time the PD Ordinance was approved. 2. Creek Crossing Lane, which intersects Sachse Road, will serve as the primary point of access. Creek Crossing Lane and Lost Highlands Lane will serve as collectors and will be constructed with 37 feet of pavement. Creek Crossing will eventually be extended to connect with Woodbridge Boulevard and S.H. 78 to the west and Lost Highlands will be extended to Alanis Drive to the north. In order to comply with Wylie's requirement for two points of access for emergency vehicles,an ordinance will be established prohibiting parking on both Creek Crossing Lane and Lost Highlands Lane until these streets are completed to provide other entry points. 3. Subsequent submittals of plats for future residential phases of this Planned Development will not be approved unless a permanent second point of entry is provided. 4. The Parkland Dedication requirement has been satisfied by the provision of public amenities and open spaces within the golf course and surrounding green belts. Board/Commission Recommendation At the September 16,2003 Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of this Preliminary Plat. Staff Recommendation Approval. Attachments Development Plan/Preliminary Plat Prepared by Reviewed by Finance City M er Approval ficI. . ! ..., !ji.‘!....' it; � ��. qt _...„it r �11 ce(4 rf (A Z soginierip7 .e.,,,,,..„. m I I ; '�x, �j_ / , '+� GRAPHIC SCALE IOW 40 r l /154 / E / / i' . . *.. 1 DC'A�01 NAPE 9 �� i m. iAltt �.- . ,\i vi ''-,4/.,',,,,,, ,,,, -- ,- ..,...,-, ,i44ti ..4.0. . '' ' iNt4litlit. i ' INNIS '''',Ift.''''''....A 1 n/ . ,, ,.. 2-, i • ... ,,,... 4itilit: ,, , „. • Atititt._4,,,,,, , . .-•:-_-41"08,0.42,Lrems_. - , NMI /..•,', 'k, ' .7%Nrit.,-;', \, ''' 74**. *44114it / ,; II,M1,,-W.- '4II. Ilk. ./ . , ,, .., • 4#1\ 4#4111*/ -, •• •:.,.,• ., :-• :411 ..,, ,7'441L-''. ,/ ,..,-,ir, ,i; 4. Al. .,. .. , - .,,, . , ,, ,, „ xx _,, , „.. „, .. • . ,,„, / . .II, j , ',, Altor. , ' ..4.` 47: , 4 ' A y pm ..il �dY-�:�, Gv 1 a�.., \`t�`A� kir . ems E iiire.r .. `� I..�p7 174 e <�.; Altir API cg iM •i \ t\1®.' • . •• ; : :f 41/1111111E •I I 1111141911* I 1110 . ' xo 1i I . y'7 1 ,r1... ' • �E I, (1 ,e I INV .. . .,,„ . aK I ,Nitfx x .c ,__ 1:.,.. ._,_.... ., _ .. r g# y .it �18037 6 � •:. a.- - M •v1.4°g_®4: .4.,�;,a E„4.ai o4mj 2,4xx4II ®4x.;,-4xe4 'y'�i��4>oa „4xx4 f .� A._ w PNABr a 230 RESIDENTIAL LOTS t 1 COMMON ARF-NOPEN SPACE 1 ZONED''PLANNED DEVELOPMENT DISTRICT BEING 48.815 ACRES SITUATED N THE € RICHARD NEWMAN SURVEY,ABSTRACT NO.880 0. CITY OF WYLInE.COLLN COU NTY.TEXAS R n..r.a. urz......am .a.nm..� ' swc..a 5 .,..--.._... SHEET I or 1 WYLIE CITY COUNCIL AGENDA ITEM NO. E. September 23, 2003 Issue Consider and act upon Ordinance#2001-30 ratifying the findings contained therein. Background The action to ratify Ordinance #2001-30 is to record approval of this document. The minutes pertaining to this item were discussed at the Regular Session of the City Council on July 10, 2001, but the action taken on the item was inadvertently left out. The area in question is located generally at the southwest corner of Jackson Street and Brown Street. Within the block in which the alley is located, portions of the alley have been previously platted over, with structures built in the alley area. Staff believes that the alley has been closed, but has been unable to verify with any formal record. As a part of the sewer line replacement program in this neighborhood several years ago, permission was obtained from the railroad to place a sewer line in the adjacent railroad right-of-way, because of the apparent closure of the alley. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the formal abandonment of the alley located in Block 7, Brown and Burns Addition. Attachments Ordinance Map ,OF . '. / Prepar••:y Reviewed by Finance City M ger Approval ORDINANCE NO. 2001-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING AN UNUSED ALLEY: PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF COLLIN COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the property described herein is an alley in Block 7 of the Brown and Burns Addition, located South of Brown Street, north of Jefferson Street, between Jackson Street and the railroad right-of-way; and WHEREAS, the City of Wylie has determined that the alley described herein is no longer needed for public purposes, utilities or access; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the above-described alley is no longer necessary for public purposes, utilities or access; and should be abandoned. SECTION 2: That this abandonment ordinance shall constitute a Quitclaim Deed and a certified copy of the same may be filed in the Deed Records of Collin County, Texas to indicate such abandonment. SECTION 3: The abandonment provided for herein 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, Texas, may legally and lawfully abandon. SECTION 4: The fact that the above described alley is no longer needed or necessary for public purposes, utilities or access; and that such alley should be abandoned in favor of the adjacent property owner(s), creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provided. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 12th day of July, 2001. John Mondy, Mayor City of Wylie ATTEST: Barbara Salinas, City Secretary City of Wylie, Texas % i '1 4 Z1.144> 4 kik-wfit,1 t:ita tat, .' PS- Zt a 7 �sCI . fil .� f$gDV ., w im, Aar ttir r• is ii M a „.^ 'rk S—V*X ..,iL.,I x f,a)s V) 1 d ' 4 i s 'tt,r, t .7., s 1"Vl O% if A * lbw , .�� } • tlk Q. ',►. ..,, ., ,% 1ay••...+ •" 46 3.. 1, tie • 4 WYLIE CITY COUNCIL AGENDA ITEM NO. F. September 23, 2003 Issue Consider and act upon Ordinance#2003-23 abandoning an alley in Block 7 of the Brown and Burns Addition and declaring it is no longer necessary for a public purpose. Background The above mentioned item is to declare by current ordinance the closure of this alley. The ratification of Ordinance #2001-30 and the approval of Ordinance #2003-23 will allow complete documentation of this issue. The area in question in located generally at the southwest corner of Jackson Street and Brown Street. Within the block in which the alley is located, portions of the alley have been previously platted over, with structures built in the alley area. Staff believes that the alley has been closed, but has been unable to verify with any formal record. As a part of the sewer line replacement program in this neighborhood several years ago, permission was obtained from the railroad to place a sewer line in the adjacent railroad right-of- way, because of the apparent closure of the alley. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the formal abandonment of the alley located in Block 7, Brown and Burns Addition. Attachments Ordinance • Prepa y Reviewed by Finance ity M ager Approval ORDINANCE NO. 2003-23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING AN UNUSED ALLEY: PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF COLLIN COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the property described herein is an alley in Block 7 of the Brown and Burns Addition, located South of Brown Street, north of Jefferson Street, between Jackson Street and the railroad right-of-way; and WHEREAS, the City of Wylie has determined that the alley described herein is no longer needed for public purposes, utilities or access; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: That the above-described alley is no longer necessary for public purposes, utilities or access; and should be abandoned. SECTION 2: That this abandonment ordinance shall constitute a Quitclaim Deed and a certified copy of the same may be filed in the Deed Records of Collin County, Texas to indicate such abandonment. SECTION 3: The abandonment provided for herein 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, Texas, may legally and lawfully abandon. SECTION 4: The fact that the above described alley is no longer needed or necessary for public purposes, utilities or access; and that such alley should be abandoned in favor of the adjacent property owner(s), creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provided. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 23rd day of September, 2003. John Mondy, Mayor City of Wylie ATTEST: Carole Ehrlich, City Secretary City of Wylie, Texas WYLIE CITY COUNCIL AGENDA ITEM NO. 1. September 23, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Community Retail(CR)to Planned Development District(PD)for Retirement Housing,being a 7.643 acre tract of land generally located south of State Highway 78 South and west of Mardi Gras Lane, and being a portion of the 5.232 acre tract of land described in a deed to Ross S. Bagwell and Paula D. Bagwell,Agland Chemical Money Purchase Plan and Agland Chemical Profit Sharing Plan,as recorded in County Clerk's File No. 94-0078165,Deed Records of Collin County, Texas (DRCCT), and being a portion of the 20.01 acre tract of land described in a deed to Bariatric Care Center of Texas, Inc., as recorded in Volume 4621, Page 1555 of the DRCCT, and being situated in the E.C.Davidson Survey,Abstract No.267,City of Wylie,Collin County,Texas. (Zoning Case 2003-11) Background The applicant is requesting rezoning of the subject property from Community Retail (CR) to a Planned Development(PD)District in order to develop 150 attached dwelling units and common community center, as a retirement residential community restricted to senior citizens. The property totals 7.643 acres in size, and is currently held in two ownerships, neither of which have been platted. Properties abutting the subject property to the north and west are zoned Community Retail(CR)District and are developed and occupied by Brookshire's grocery and the Bariatric Care Center respectively. Properties abutting to the east and south are currently zoned Single Family Residential(SF-8.5/17)and developed with single-family residences on 7,200 square feet lots (the previous SF-3 zoning). The principle 5.139 acre property for the development of the Evergreen Retirement Community is located to the rear of Brookshire's grocery store, and is effectively landlocked and accessible from State Highway 78 only by a platted 28 feet wide access easement along the western boundary of the Brookshire's property and by the residential Valentine Lane to the southeast. An east-to-west flow, 60 feet wide drainage easement transects the southern portion of the property and adjacent Bariatric Center, separating the adjacent residences to the south. The applicant proposes to connect this drainage corridor and additional 2.504 acres to the retirement community site to serve as a connection between the greenbelt floodplain to the west of the Bariatric Center and the residents of the retirement center as well as neighboring single-family residences. This greenbelt also connects to Valentine Park and the WISD/Harrison Intermediate School to the east. National and local demand for specialized housing for senior citizens(defined as 55 years of age and older)is increasing, to serve the aging "baby-boomers" with increased longevity. Such senior housing is generally divided into the following three groups, each with special design needs and characteristics. a. Independent Living: Intended for individuals with normal physical and mental capacities, these provide no on-site medical or personal assistance. The proposed project clearly conforms to this definition because no on-site services are provided and each dwelling includes a kitchen. Such dwellings are classified and regulated as Multifamily Residential by the Wylie Zoning Ordinance and are permitted within the Community Retail District as part of a mixed-use structure. b. Assisted Living: For individuals with some level of physical and mental impairment,these facilities provide some medical and personal assistance. The proposed project will offer no such services and does not conform to this definition. Such dwellings are classified and regulated as Assisted Living Apartments by the Wylie Zoning Ordinance and are permitted by right within the Community Retail District, and allow reduced parking and have no density limits. c. Nursing/Convalescent Home: These facilities provide full medical and personal assistance to individuals with severe physical and mental impairments. Offering no such services, the proposed project does not comply with this definition. Such dwellings are permitted by right within the Community Retail District, and allow reduced parking with no density limits. Public Comment Forms were mailed to eighty-six (86) property owners within 200 feet of this request. Eleven Comment Forms have been returned at the time of posting, four favoring and seven opposing the request. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Commercial uses, including retail and offices, for this property, and the proposed free-standing residential uses do not conform to this recommendation ofthe Plan. Were the proposed retirement housing, or any similar Independent Living multi-family apartments to be incorporated within a mixed-use development with nonresidential services,the project would be allowed within the existing Community Retail District by right and conform with the Plan. However,the property's limited access and visibility from a public street limit its potential for retail uses unless included within a redevelopment of the larger surrounding area to provide adequate access and visibility. The proposed PD will improve the access drive, and some type of retirement residences coordinated with the existing retail opportunities could support and compliment one another. The proposal restricts access/egress of the retirement center traffic through the lower-density single-family residential neighborhood to the east by closing Valentine Lane to all but emergency vehicles, and such heavy through traffic could not be controlled if the property were to develop under straight Community Retail zoning. 2. The proposed Conditions of the Planned Development specifically limit occupancy of the dwelling units to at least one senior citizen(55 years of age and older)and no minor children are allowed. However,the Zoning Ordinance contains no specific definition or regulations for Independent Senior Living and classifies all such independent dwellings as Multifamily apartments, which are allowed within the Community Retail District by right when within a mixed-use structure with dedicated permanent nonresidential uses such as food services,personal services and/or retail. With the addition of such mixed uses, the project could be allowed by right and accommodate all ages without the need for a Planned Development District. 3. The sign for the subject property will be located within the joint-access easement at State Highway 78, regardless of the property's ultimate use as either retail or residential. Such limited visibility dictates that use of the site be developed in cooperation with neighboring uses which can provide a destination address. Such limited visibility favors senior housing more so than traditional apartments or retail uses. 4. The Planned Development limits the maximum number of dwellings to 150 units,which reflects an overall density of 19.63 dwelling units per acre. For only the immediate 5.139 acres,to which all development of the facility is confined, the density is 29.2 dwelling units per acre. The City of Wylie has limited apartment development to 15 dwelling units per acre since at least 1981. A survey of the Independent Living requirements often other communities(see attached tabulation)reveals that eight allow densities of between 12 and 20 dwelling per acre, with the only higher densities being Garland allowing 36 units per acre in the Health Care District and Plano allowing 45 dwelling per acre in Multifamily Districts. The applicant reports that he has constructed similar developments of 36 d.u./ac. in Granbury,29.5 d.u./ac.in McKinney and 15 d.u./ac. in Mesquite. 5. The Conditions of the Planned Development will establish in perpetuity the existing construction and occupancy characteristics of the complex, and these differ from the current requirements of the Zoning Ordinance as follows: n f 54 feet, 10 feet side yard in CR Residential Proximity Slope but 120 feet w/height and not required Residential Proximity Slope 1BR=768 s.f., 2BR=894 s.f., 1BR=750 s.f., 2BR=900 s.f., 3 BR=1,072 3BR=1,000 s.£ in MF c In all units Not allowed in Assisted Living Allowed in all traditional MF ,�1,4i# ° 3 story&40 ft. for residences 2 story& 36 ft. in CR lit. 46 ft. for community center no floor limit&40 ft. in MF 0 Facing property line=80/o �. masonry&20% cement. �,a � siding Face interior court yard=20% 100% masonry all walls masonry& 80% cement. siding dA Face breezeway=100% siding 1/1BR, 2/2&3BR+1/10 d.u. fin, 1/d.u. + 1/5 d.u. guest= 188 guest = 315 for MF 0.5/d.u.+1/employee+1/5 bed 9 ft. by 18 ft. spaces rooms guest=+/-226 for Assisted Living 10 ft. by 20 ft. spaces 7. The PD Conditions permit buildings of 3 stories and a maximum height of 40 for residential buildings and 46 feet for the common community room. Section 4.2 of the Zoning Ordinance restricts all buildings within the Community Retail District to a maximum of 2 stories and 36 feet. Buildings within the Multifamily District are limited to 40 feet. Most ofthe communities surveyed permit 3 stories for senior housing,but most restrict building height to 36 feet or less(see attached tabulation). A wide Fire Lane is required for buildings of the height proposed, and the PD Development Plan provides such. 8. The PD Conditions require buildings to be setback from adjacent residential property lines a distance of 54 feet,although the setbacks will actually be 70 feet on the east(including alley,drive and parking)and 98 ft on the south(including drainage easements,drive and parking). The PD specifically eliminates the Residential Proximity Slope requirements of Section 7.1 of the Zoning Ordinance,which would require a setback of at least 120 feet along the south and east sides. 9. The PD permits a minimum of 80 percent masonry for exterior walls facing property lines and a minimum of 20 percent masonry facing the central courtyard. The fronts of all residential units will face central breezeways, and require no masonry. The applicant requests this variance in order to eliminate the supposed institutional look of 100%masonry structures. Section 4.1.F of the Zoning Ordinance requires 100 percent masonry for all buildings within the CR District. Six other communities permit 80 percent masonry or less, but these require such on all exterior walls. 10. The PD requires one parking space plus guest parking for each dwelling, as permitted by the Zoning Ordinance for Assisted Living apartments intended for physically impaired persons. The Ordinance requires 1.5 parking spaces per unit plus guest parking for traditional Multifamily dwellings,to which this proposal more closely conforms. The PD envisions perpendicular parking and allows spaces to measure 9 feet wide by 18 feet long,compared Wylie's required 10 feet by 20 feet. The applicant has provided the attached study and regulations from other Texas municipalities as evidence for the requested reduced parking,but these largely reflect regulations for Supervised and Assisted Living which is not the intent of the subject proposal. 11. In May of 2002,the City Council denied a similar proposal for Senior Living on this tract,for which the Planning and Zoning Commission had recommended approval of by a split vote. The current request attempts to address the earlier concerns of the Council and stipulations of the Commission, and those modifications are reflected in the PD Conditions and this report. The 2.5 acres of additional land lowers the effective density from 29.2 dwelling units per acre to 19 d.u./ac, and also increases the open space from 40% to 55%. This open space will not be secured by fence and will be available as a greenbelt linkage between the floodplain to the west and the residences,park and school to the east. Other changes include increasing the percentage of masonry on exterior walls from 75%to 80% and some increase in the number of parking spaces. However,the current proposal also increases the size of each dwelling and adds three bedroom units which were not previously planned. Board/Commission Recommendation At the September 2, 2003 Planning and Zoning Commission meeting, the Commission voted 4-1 to recommend approval of the proposed zoning change with stipulations to the Development Conditions regarding age limitations and perimeter fencing. These stipulations were agreed to by the applicant and are incorporated within the attached PD Conditions and this report. Staff Recommendation Denial. Unique location and adjacency characteristics of the subject site favor residential uses such as is proposed (either Senior Assisted Living or traditional Multi-Family apartments) more so than the commercial uses recommended by the Comprehensive Plan, whether as a stand-alone or incorporated within a mixed use development. Both Assisted Living and traditional apartments are permitted by right by the current Community Retail zoning. Although the Conditions of the Planned Development District expressly limit the occupancy of the proposed development to senior citizens and attempt to guard against the complex converting to traditional Multifamily occupancy, the proposed design does not provide specialized dwellings for senior living, and more closely resembles traditional apartments. No efficiency or one-bedroom units are provided,and units are larger than normal family apartments and all are provided with full kitchens. The proposed density of 19.3 dwelling units per acre is an inappropriate variance from Wylie's long-held philosophy of limiting multifamily residential density to 15 dwellings per acre. Additional variances related to this higher density, such as increased building height, reduced parking and reduced setback from abutting residential uses, are also unjustified. Attachments Ordinance with Conditions for the Planned Development District and Development Plan Location Map Staff's survey of Independent Living Requirements for Other Communities Applicant's Parking Study and Other Municipal Codes Notification List and Map, with Responses • 4yv16145t--- Prepared by 4 Reviewed by Finance City M r 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 2003-11,TO PLANNED DEVELOPMENT (PD) DISTRICT; 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 Planned Development District, allowing for a residential community restricted to senior citizens,said property being described in Exhibit"A",the Planned Development Conditions in Exhibit "B"and the Development Plan shown in Exhibit"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 of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance;nor shall it have the effect of discontinuing,abating,modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this day of , 2003. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Zone Change#2003-11 PROPERTY DESCRIPTION BEING a tract of land situated in the E.C.Davidson Survey,Abstract No. 267,City of Wylie,Collin County, Texas and being a portion of that that called 871,654 square foot tract of land described in deed to Bariatric Care Center of Texas, Inc. recorded in Volume 4621, Page 1555, Deed Records of Collin County, Texas (DRCCT), and being more particularly described as follows: COMMENCING at the most northerly corner of said Bariatric Care tract of land being in the southeasterly right-of-way line of State Highway No. 78, (a variable width right-of-way); THENCE South 32°30'44"East along the common line of said Bariatric Care tract of land,Lot 1,Block 1 of WYLIE SHOPPING VILLAGE NO. 1, an addition to the City of Wylie described by plat recorded in Cabinet G,Page 542,Plat Records of Collin County,Texas,(PRCCT),and that that called 5.232 acre tract of land described in deed to Ross S. Bagwell, Paula D. Bagwell, Agland Chemical Money Purchase Plan and Agland Chemical Profit Sharing Plan recorded in County Clerk's File No.94-0078165,DRCCT,a distance of 782.38 feet to a point for corner; THENCE South 00°06'38" East,continuing along said Bariatric Care tract of land and said Bagwell tract of land,a distance of 399.15 feet to a point in the north line WESTWIND MEADOWS No. 2,an addition to the City of Wylie described by plat recorded in Cabinet C, Page 706, PRCCT, the POINT OF BEGINNING, THENCE North 88°49'16" West, along the common line of said Bariatric Care tract of land and said WESTWIND MEADOWS No. 2, a distance of 760.75 feet to a point for corner; THENCE South 04°58'00"West,continuing along said common line,a distance of415.78 feet to a point for corner; THENCE South 89°52'59"West continuing along said common line,a distance of 227.80 feet to a point for corner; THENCE South 00°05'05"East, a distance of 3.00 feet to a point for corner; THENCE North 89°05'51" West, a distance of 96.59 feet to a point for corner; THENCE North 04°10'20"East, a distance of 286.00 feet to a point for corner; THENCE North 89°52'59" East, a distance of 313.18 feet to a point for corner; THENCE North 04°58'00" East, a distance of 153.70 feet to a point for corner; THENCE South 86°08'16" East, a distance of 78.14 feet to a point for corner; THENCE South 88°49'37" East, a distance of 665.81 to a point for corner; THENCE North 00°06'38"West,continuing along said Bariatric Care tract of land,a distance of 380.16 feet to a point for corner; THENCE North 32°30'44"West,continuing along said Bariatric Care tract of land,a distance of 182.55 feet to a point for corner; THENCE North 57°26'21" East, a distance of 194.15 feet to a point for corner; THENCE South 88°27'53" East, a distance of 171.16 feet to a point for corner; THENCE North O1°33'34" East, a distance of 130.00 feet to a point for corner; THENCE South 88°35'39"East, a distance of 71.49 feet to a point for corner; THENCE South 00°02'00" East, a distance of 787.16 feet to a point for corner; THENCE North 88°51'25"West,a distance of 311.64 feet to the POINT OF BEGINNING,and containing approximately 332,924 square feet of 7.643 acres of land. Exhibit "B" DEVELOPMENT CONDITIONS Evergreen at Wylie Zoning Case No. 2003-11 General Conditions: 1. This Planned Development District shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Community Retail(CR) District set forth in Section 4.1.B of the Zoning Ordinance are included by reference and shall apply except as provided herein. Only the Base Standards of the Non-residential Design Requirements as set forth in Section 4.4 of the Ordinance shall apply except as provided herein, and the Desirable points criteria shall not apply. Special Conditions: 1. The following uses shall be permitted within the District: a. Retirement housing as such is defined and permitted by State and Federal fair housing laws, including the condition that the facility publishes and adheres to the policies and procedures that demonstrate their intent to meet all provisions of the Housing for Older Persons Act of 1995. At the time the unit is leased, all occupied units shall be occupied by a least one person who is fifty-five years of age or older, and a maximum of one person under the age of fifty- five years but no minor child shall occupy any dwelling unit. Those persons legally residing with an elderly resident may continue to reside at the facility for a period not to exceed one year if the elderly person dies or is moved out of the facility for medical reasons. Two dwelling units or suites may be designated and occupied by caretakers or security personnel who are not subject to the age restriction. Failure to comply with this provision shall result in the facility being reclassified as a Multi-Family Residential lodging and loss of Certificate of Occupancy. b. Accessory uses to the retirement housing. c. All uses permitted in the Community Retail District. 2. The maximum number of dwelling units permitted shall not exceed 150 units. 70 46%) of which shall be two-bedroom units of a minimum 768 square feet in size, 65 (43%) shall be two-bedroom units of a minimum 894 square feet in size, and 15 (10%) shall be three-bedroom units of a minimum of 1,072 square feet in size. No one-bedroom efficiency units shall be permitted. 3. Each dwelling unit shall have a full kitchen. 4. Buildings may be three stories, except for the residential units in that portion of the building adjacent to the eastern property line and facing the single-family homes on Mardi Gras Lane which shall not exceed two stories in height. Overall building height shall not exceed 40 feet for the other residential portions of the facility and 46 feet for the community center(not including the cupola). 5. The Residential Proximity Slope requirements of Section 7.1.D of the Zoning Ordinance shall not apply. All buildings shall be set back from the east and south property lines a distance not less than 54 feet. 6. Materials for exterior walls (facing outward toward the property line) shall be not less than 80 percent masonry and not more than 20 percent cementatious composite siding as approved by the Building Official, and interior walls(facing the inner court yard) shall not be less than 20 percent masonry and more than 80 percent approved cementatious siding. Walls facing on to the breezeways shall be 100 percent approved cementatious siding. These allowances are exclusive of windows, doors and roof appendages such as dormers. 7. Parking shall be provided at a ratio of one space for every dwelling unit plus one space for every five dwelling units for use as guest parking. Standard parking spaces shall measure at least 9 feet by 18 feet, and handicapped spaces shall measure at least 8 feet by 18 feet with a minimum 5 foot wide shared access walk/ramp for regular spaces and with an 8 foot wide walk/ramp for van spaces or as permitted by TAS/ADA requirements. 8. Perimeter screening adjacent to residential districts shall be a 6 foot high masonry wall with no openings along the entire length of the eastern property line and a 6 foot high wood fence with 24-inch square masonry columns on 40 foot centers along the project (north) side of the drainage easement along the entire length of the south property line. Gates may be installed along the south fence to access the drainage easement/open space corridor. Security fencing along the north and west property lines (with non-residential adjacency) may be of wood or combination of earthen berm, live screen and wood fence. 9. Catered group meals, medical services and other personal care may be provided within the common community center room as well as within individual dwelling units. 10. Access at Valentine Lane shall be for emergency vehicles only, by security methods approved by the City of Wylie Fire Department. 11. Retirement housing and its accessory uses shall be in conformance with the development standards set forth in the Development Plan. 12. Development of any use other than retirement housing and its accessory uses shall be in full accordance with the Community Retail zoning standards, and shall require approval of a site development plan. 13. The approved Development Plan shall serve as a Preliminary Plat for the retirement housing complex. fit— NI Mil -_ Ate let W- lip I 1 III 111. Woe Yi7�7 II �i trMt i4,, 34121 ME .- l — — C�Iulr�itt - i.��111 1 �� a Will_ .. - A, . ,. I Properly II�1ir/11ii11i1� ill■ l ■-- , -IIIUiItt/ 1I0I•t[ti sV1j :n1U - _. I ! 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III II I LOCATION MAP ZONING CASE #2003-11 M/F and Independent Living Standards N, J�a 5��;`e Paa�S P�e� G°�� C�a�`° ��°�° F��G° Oa�`a//V , r Masonry 100% 90% 100% 80% 75% 100% 100% 75% 75% 75% 75% 25'-2 story 40'-2 story 35'-2 story Height 36 40' 35' 35' 36'-3 story 35' 50'- 3 story 31' to TP 35' 35' 40'- 3 story Max#Stories 2 3 2.5 2 3 3 3 by district 2 3 3 1.5/unit+ 1/10 for 2/2br 1/unit+ 1/20 1 covered + Parking Req guests 2/unit 1.5 + .5/br 2.5/3br 2/unit 2/unit 2/unit for guests .5/br 2/unit 2/unit Sq. Ft./Unit 800 avg 500 min 800 avg 700 min 600 avg n/a Efficiency 600 500 600 N/A 500 1 BR 750 700 650 600 650 475 725 650 2 BR 900 900 800 800 900 725 825 800 3 BR 1000 1000 1000 1000 1050 N/A 1100 1000 Units per acre • MF-1 15 12 16 12 15.5 15 12 12 12 45 MF-2 18 22 15 19 18 16 18 45 MF-3 18 20 25 45 Other Districts 36 21.5 F„ ASSISTED LIVING RESIDENCES: A STUDY OF TRAFFIC & PARKING IMPLICATIONS Z°d Edition tASHA AMERICAN SENIORS HOUSING ASSOCIATION 1850 M STREET,NW,SurrE 540 WASHINGTON,DC 20036 TELEPHONE:202/974-2300 FACSIMILE:202/775-0112 Ftu. American Seniors Housing Association A Study of Traffic & Parking Implications 2"d Edition Created in i 991 and based in Washington,DC,ASHA represents the interests of the larger and more prominent firms in the country participating in the seniors housing industry. ASHA's members are engaged in all aspects of the development and operation of congregate, assisted living, and continuinc.care retirement communities,including the building,financing,and management of such properties. For more information on the benefits of becoming a member of ASHA,as well as other research resources. contact us at: ASHA 1850 M Street,NW, Suite 540 Washington,DC 20036 Phone:202/974-2300 FAX: 202/775-0112 ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IlvIPLICATIONS Table of Contents Introduction 1 Study Methodology 3 Traffic Generation Data 4 Parking Generation Data 6 Key Findings 7 ASHA.gratefully acknowledges the technical assistance provided by Fred M. Greenberg,P.E., Director of Transportation, Barakos-Landing Design:Group,Meriden, CT. ©1998 b'. the American Seniors Housing Association Al!rights rescr:ed. The text portions of this work may not be reproduced or transmitted in any form or by any means,electronic or mechanical. including photocopying.recording,or by information storage and retrieval system without permission in writing from the publisher. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is distributed with the understatdinc that the publisher is not engaged in rendering legal,accounting or other professional services. If legal advice or other expert assistance is rcq uircd.the services of a competent professional person should be sought. (From a Declaration of Principles jointly adopted by a Committee oC the American Bar Association and a Committee of Publishers.) Price:S50 nn Flug. •r -- - A SISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IMPLICATIONS Introduction The elderly population(those individuals aged 65 Projected Elderly population r out 70 million, or 0 p = Lowest population (see Figure 1). 2 w As the graying of America accelerates, 20 policymakers will be forced to confront the long- term care needs of the elderly. It has been well ° ,990 2000 2010 2020 2030 2040 aoso documented that as individuals age,their capacity for independent living diminishes. According to Figure t the most recent data available from the National:US Bureau of the Genw5.55+in the United States Health Interview Survey,for example,more than half(54 percent)of the older population reported having at least one disability which limits them in carrying out activities of daily living (ADLs) s) and (such as bathing, dressing, g). Likewise, the need for assistance with ADLs Percent Needing Assistance with ADLs,By Age increases significantly with age(see Figure 2). 25-i Although the U.S. has historically reliedon `0 nursing homes to provide long-term care, 1 20 ,'1 spiraling costs and rising consumer discontent have led policymakers and consumers to search 15�I ; V- for less costly and more efficient long-term care ,_ alternatives. U.S. General Accounting Office a 10 s 6 M estimates that Medicaid nursing home h ' disbursements,which serve as the primary public `` fundingsource for long-term care, cost tax 5` 23F 1 '1 t payers $24.2 billion in 1995 (the last year for which data from all funding sources is available). 0 95+ es•ss 70-74 75-84 Medicare, a federal/state program, funded an Figure 2 additional $8.4 billion for nursing home care in Source:AARP :ny./)e of after Americans 1997 1995. I Aug . ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IMPLICATIONS One of the most promising long-term care options for seniors and their families is assisted living residences. Assisted living residences provide 24-hour care for seniors who need assistance with ADLs_but do not need the more costly continuous health care provided by nursing homes. Assisted living residences are a relatively new long-term care option that has met with strong consumer demand. The American Seniors Housing Association's most recent(1998)construction survey,for example. identified 460 assisted living residences(32,666 units)being built in the U.S.,accounting for three-fourths of all seniors housing under construction. Assisted !ivina residences incorporate many appealing attributes:housing,hospitality services and health care. The hybrid nature of assisted living,however, has created some confusion about the impact of these residences on the surrounding community. Misperception abounds with regard to assisted living residences'traffic volume and parking requitculents. This study,which is based on a more comprehensive sample than its predecessor(released in 1997),provides policymakers with an objective overview of assisted living traffic and parking. 2 Ru� 08 03 ASSISTED LIVING RESIDENCE'S:A STUDY OF TRAFFIC&PARKING IMPLICATIONS Study Methodology In order to document the unique traffic and parking characteristics of assisted living residences,the American Seniors Housing Association examined and aggregated parking and traffic generationdata from professionally owned and managed assisted living residences located in nine states:Colorado, Florida. iacorgia, Illinois, Massachusetts,New Jersey,New York, Ohio, and Texas. The data was then compared to traffic and parking data collected by the Institute of Transportation Engineers lITE),' whose traffic and parking reports are considered the industry standard for a wide range of property types. ITE,however,does not provide data on assisted living traffic and parking characteristics. The revised edition of this report is based on a more comprehensive data set than the earlier report, and is believed to more accurately reflect assisted living traffic generation during peak weekday morning and evening hours. The assisted living residences examined contained an average of 109 units. Typically,assisted living residences dedicate at least 90 percent of their units for single-occupancy. Most of the units within the residences were similar to those in apartment communities and included kitchenettes, refrigerators. microwave ovens, sinks, and counter and storage space. Most residences also had significant common areas,including dining rooms,sitting rooms,lounges,libraries,beauty/barber shops,convenience stores,and exercise/wellness rooms. The assisted living residences operated at or near full capacity; average resident age was 84_ The average assisted living residence examined had a staff-to-resident ratio of one-to-two. Units were almost always rented. Fees for services were charged on an a la carte basis,or were included in the monthly rent. Services provided to residents varied,but typically included the following: • 24-hour protective oversight ■ Social and recreational activities ■ Meals_including snacks and special diets ■ Transportation • Housekeeping ■ Laundry • OTi-call physician/nurse ■ Exercise/wellness programs • Emergency call systems ■ Assistance with daily living activities such as bathing, dressing,and eating • Medication administration or reminders • First aid and medical care for minor ailments and conditions Trip Generation,6th Edition, Volume I of 3. Institute of Transportation Engineers, 1997; Parking Generation,2nd Edition,Institute of Transportation Engineers, 1987. 3 9 ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IMPLICATIONS Traffic Generation Data Traffic generated by assisted living residences was generally limited to trips by employee,visitor, service vendor, and resident vehicles. Employee Vehicles Assisted Living Residence Employee vehicles contributed over half (56 Source of Trip Generation percent) of all traffic volume generated by assisted living residences (see Figure 3). Employee vehicle trips during the weekday for all driving hours Wetter (z9%f average 0.97 trips per unit. During the peak weekday morning hour', employee vehicles made an average of 0.10 trips per unit. During the peak weekday evening driving hour, employee vehicles Service Employee made an average of 0.09 trips per unit(see Figure t,sx> (561..) 4). The moderate impact of employee vehicles on Figure 3 traffic volume is largely due to the fact that most Smoot.:American Seniors Housing Association assisted living employees are full-time staff. This limits the"in and out"activities associated with part-time staff. Additionally,because assisted living residences provide 24-hour protective oversight,employees are typically scheduled to begin and end their shifts during non-peak driving hours. Employees are often scheduled in three shifts:a morning shift from 7:00 a.m. to 3:00 p.m.;an afternoon shift from 3:00 p.m.to 11:00 p.m.;and a night shift from 11:00 p.m. to 7:00 a.m. Assisted Living Residence Traffic Generation Visitor Vehicles Peak Weekday Peak weekday Weekday Visitor vehicles contribute over one-quarter MN.Hour PAL Hour Employee o_,aonit OAS/unit 0.971u°8 (29 percent)of all traffic volume generated by assisted living residences. On a typical Visitor 0.0Wunit 0.09/unit 0.5DAmit weekday,visitor vehicles made an average of Service °'° „nit 0'07/unit °'ztvuni, 0.50 trips per unit. During the peak weekday Total I 020/unit D.tu"nit 1.731unit morning driving hour, visitor vehicles made Figure 4 an average of 0.06 trips per unit. During the SOVICe'An,nC]c YPrtiOf3 Housing Associationpeak weekday evening driving hour, visitor vehicles made an average of 0.09 trips per unit. The impact of-visitor vehicles on traffic volume generated by assisted living residences is moderate, largely because visitor vehicles arrive and depart throughout the day on both weekdays and ti?rcri indicated, the peak hour typically coincides with the peak hour of the adjacent street traffic. 4 Rug- 08 03 03: 22p __ . . __ _ ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IMPLICATIONS weekends_and do not fit the typical traffic(and parking)volumes generated by other housing types. which are usually highest during peak driving hours. Service Vehicles Service v eh Icles contribute l 5 percent of all traffic volume generated by an assisted Iiving residence. On a typical weekday, service vehicles made an average of 0.26 trips per unit. During the peak weekday morning driving hour,service vehicles made an average of 0.04 trips per unit. During the peak weekday evening driving hour, service vehicles made an average of 0.03 trips per unit. The moderate impact of service vehicles on traffic volumes generated by assisted living residences is due,in part_to the fact that most service vendors are contracted and scheduled to arrive and depart during non-peak hours. Assisted living residences typically have trash removal Vehicle Ownership Per Unit scheduled daily; bulk food deliveries three times a week —two deliveries per week for meat and vegetable products and one delivery 2.00 _ -- —'— per week for dairy products;medical supplies delivered by a pharmacy are typically scheduled once a week, as are florist 0.90 deliveries; office supplies are typically scheduled once a month; hazardous 0.05 material/sharp object pick-up is typically 5'sgle Fam•1,•ticusing' 0.part+nMt Assisted Livong Res:Oerice scheduled on demand, as are overnight Property Type shipments. U.S. mail, which is not Figures contracted, is delivered six days per week. Source:US n/the Census,199O Amence,Novstng Survey. American Se AssOGahon Resident Vehicles Resident vehicles did not contribute measurably to the traffic generation of the assisted living residences. This was generally due to three factors. First, most residents, due to physical and/or cognitive limitations, do not drive. The average number of resident vehicles was 0.05 per household. This is extremely low compared to other property types such as single-family homes and apartments (see Figure 5). Second,most of the assisted living residences in the sample were located in established residential areas in close proximity to public transportation services. Finally,each assisted Irving residence owned a van or mini-bus,which was used to provide resident transportation on a scheduled basis. Other Vehicles AIthough there is no known data available on the number of emergency vehicles dispatched by property typc.anecdotal evidence suggests that one to two situations per month at an assisted living residence may require the dispatch of an ambulance and paramedics. The total demand placed on 5 hug 08 03 03, ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING LMPLICATIONS a community's emergency services by Traffic Generation Comparison by Property Type assisted living residences, however, is no higher than it would be if the residents lived PropeM Type Peak Peak weekday in non-service-enriched housing. in fact, Weekday Weekday emergency service usage is probably lower q,M.Hour P.M.Hoer because assisted living residences feature a Single-Family 0.75Junit 1.011unit 9.571ufIt Detached- wide-range of design considerations for the Low.Rfse o.61luntt 0.112Sunit 6.591enit frail elderly that are generally not available in _Aw ^r other residential settings. Mlgh•Rise 0.341unit 0.40lunit a.20runit Apanmen f Hoter 0.521unn 0.611unit 8.23/uoit Traffic Generation Comparison Retirement 0.291unk 0.341unit Not Available Community. Total traffic volume generated by assisted Amsted living 0.20/unil 0.211unit - 1.731unit 1 living residences during a typical weekday Residence averaged 1.73 trips per unit_ Total traffic volume generated by assisted living residences during the peak weekday morning Figure 6 driving hour averaged 0.20 trips per unit. 'Source;tnsn!Utr n!Transportation @.sheen.T p Generacan l~Ed&On' Total traffic volume generated during the AmenC. ,,Sc'o�' <,'.HGuso79 ASSOCi2POn peak weekday evening driving hour averaged 0.21 trips per unit. Assisted living residences generate low traffic volumes compared to most other property types(see Figure 6). Low-rise apartment communities,for example,generate an average of 0.51 trips per unit during the peak weekday morning driving hour as compared to 0.20 trips per unit for assisted living residences. Parking Requirements by Property Type Parking Generation Data Properly Typo Peak Weekday Parking requirements for assisted living L0wltlld-Rise Apartment" 1•041Unit residences are also low compared to other High-Rise apartment' 0,88$unit housing types. Based on the traffic data Convenuon Hotel' bill/unit examined, assisted living residences 027lunit require 0.22 parking spaces during peak Retirement Community' Aeefcted Living Residence �deeft weekday driving hours.' The assisted living residences, however, typically provide an average of 0.56 parking spaces Figure 7 per unit, including on-site, disabled, 'Smatw.',wit,-.,,,,,,spo^•li°^eeP'""s.Panoiq Genenlion r&Wen: reserved,and ancillary parking spaces. Arrene9n Sery,—No,,.-7 A.teCveCn ' Pea.t weekday driving hours for assisted living residences are between 7:00 a.m_ and 3:00 p.m.;for most other residcnt al property types,peak weekday driving hours extend to 6:00 p.m.. 6 parking regulations Amarillo Texas p Page 2 of 5 m. Institutions of a philanthropic nature - Ten (10) spaces plus one (1) space for each employee; n. Library or museum - Ten (10) spaces plus one (1) for each three hundred (300) square feet of Floor Area; o. Manufacturing, processing and repairing - One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of Floor Area, whichever is greater; p. Offices, general - One (1) space for each four hundred (400) square feet of Floor Area; q. Recreational, private or commercial area or building (other than listed) - One (1) space for every four (4) persons to be normally accommodated in the establishment; r. Restaurant or cafeteria- One (1) space for each forty-five (45) square feet of usable seating area; s. Retail or personal service - One (1) space for each two hundred (200) square feet of Floor Area; t. School, elementary or junior high - One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium or other place of assembly; u. Storage or warehousing - One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of Floor Area, whichever is greater; v. Theaters, meeting rooms and places of public assembly - One (1) space for every three (3) seats; Theaters with over 10 movie screens - One (1) space for every three and one-half(3.5) seats; w. Commercial and industrial uses not listed in a. through v. above - One (1) space per each five hundred (500) square feet of gross Floor Area or one (1) space per each two (2) employees, whichever is greater; x. Tavern, lounge or private club - One (1) space for each forty-five (45) square feet, including balconies, of usable Floor Area; y. Flea markets - One (1) space for each two hundred (200) square feet of leasable area including customer circulation areas and display areas; z. Furniture or carpet stores - One (1) space for each four hundred (400) square feet of Floor Area; aa. Apartment complexes for the elderly - Three-quarters of a space for each Dwelling Unit. (3) Special Off-Street Parking regulations are as follows: a. In computing the parking requirements for any Building or Development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the Building or Development. b. In the R-1, R-2, R-3, MD, MF-1, MF-2, 0-1, 0-2 and NS Districts, no lot area, no parking space, Garage or Carport or other automobile storage space or Structure shall be used for the storage of any truck, truck trailer or van except panel and pickup trucks not exceeding one (1) ton capacity according to the manufacturer's classification. Any such vehicle so parked after having been placarded with a notice http://www.ci.amarillo.tx.us/departments/planning/zoning/parking.htm 8/27/2003 Page 29 of 349 id6 7-0/1) Steeple. A tall ornamental structure; a tower, composed of a series of stories of diminishing size, and topped by a small pyramid, spire, or cupola. (Amend Ord 97-89, 06/24/97) Storage. The retention and housing of goods, wares and merchandise preliminary to the sale or use thereof. As such term is applied to outside storage, if at the location of retail sale, rental or lease, the exhibition of goods, wares or merchandise for a period of more than one business day. Storage, Dead. Inactive storage for inanimate stable materials which are neither volatile, combustible, noxious, explosive or dangerous. Story. That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is not floor above it, then the space between the floor and the ceiling next above. Story, Half. A story under a gable, hip or gambrel roof, the wall plates of which are on at least two exterior walls not more than two feet above the floor of such story. Street. Any public thoroughfare dedicated to the public use and not designated as an alley or private access easement. Structural Addition. Any new construction which includes the construction of a new foundation and increases the overall square footage of the structure or serves to increase the overall height of the structure. Structural addition shall not be interpreted to include renovations, remodeling, replacement or similar construction resulting from routine maintenance or cosmetic alterations to an exempt structure or reconstruction of such structure in the case of casualty loss. Structure. An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, poles, water towers, cranes, smokestacks, earth formations and overhead transmission lines. (Amend Ord 98-41, 03/24/98) Stucco. Exterior portland cement plaster constructed as specified in the Construction Chapter of the Code of the City of Arlington. `f Supervised Living Facility. A residential facility of three or more dwelling units providing living quarters restricted to individuals who require access to services but not daily nursing or medical intervention. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, assistance with medical requirements, laundry and transportation service, private or common kitchens/dining facilities, as long as such services are provided to residents only. Swimming Pool, Spa and Accessory Sales and Service. A facility or area for the sales, general repair and maintenance of swimming pools or spas and accessories including but not limited to outdoor furniture, mechanical equipment, and chemicals. "T" District. The Transition Overlay District established under Article IX. "TH" District. The Townhouse District established under Article VII. Teen Club. A "nightclub" which caters to teenage patrons. Telecommunications. The transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the httn://www.amle2al.com/nxt/aateway.dll/Texas/Arlington/heading%2010004E.htrn7f==tem R/77I7nm Page 295 of 349 university 4. Public assembly 1 Four seats hall with fixed seating 5. Public assembly 1 100 sq. ft. of floor hall without fixed area seating 6. Church 1 Four seats in See Section 15- sanctuary or 300(A)(2) auditorium 7. Kindergarten, day 1 Eight pupils nursery, day care 8. Nursing Home 1 Six beds 9. Hospital 11/2 Bed 4 10. Supervised living 1 11/2 Dwelling Unit facility 11. Library 1 350 sq. ft. of public area 12. Fraternity or 1 200 sq. ft. of floor sorority area 13. Student religious 1 250 sq. ft. of floor center area 14. Mortuary, funeral 1 Four seats in chapel chapel C. RECREATION, SPECIAL ENTERTAINMENT 1. Theater 1 Four seats 2. Bowling alley 6 Lane 3. Pool halls, coin- 1 100 sq. ft. of floor machine arcades, area other commercial amusements (indoor) 4. Commercial 1 600 sq. ft. of site amusements area exclusive of (outdoors) building 5. Ballpark, stadium 1 Eight seats . 6. Lodge, fraternal 1 200 sq. ft. of floor organization area D. PERSONAL SERVICE AND RETAIL 1. Retail stores, 1 300 sq. ft. of floor Medical/dental, shopping centers, and area restaurants, httn://www.amlegal.com/nxt/gateway.dll/Texas/Arlington/heading%20100046.htm?f=tem... 8/27/2003 Page 35 of 61 (C) The owner of a developed property or property with a released unexpired site plan on March 11, 1996, may reserve not more than 40 percent of the allowed parking spaces for compact parking spaces if the director determines that the increase is necessary to comply with the accessibility standards of the Americans With Disabilities Act or the accessibility standards of the Uniform Building Code. Source: Section 13-5-98. §25-6-478 PARKING FOR MIXED USE DEVELOPMENTS. (A) This section applies to parking for motor vehicles and bicycles. (B) A person may request an adjustment to the parking requirement for separate uses located on one site or for separate uses located on adjoining or nearby sites and served by a common parking facility. (C) To apply for an adjustment under this section, an applicant must submit to the director a site plan and transportation engineering report addressing the following: (1) the characteristics of each use and the differences in projected peak parking demand, including days or hours of operation; (2) potential reduction in vehicle movements resulting from the multi-purpose use of the parking facility by employees, customers, or residents of the uses served; (3) potential improvements in parking facility design, circulation, and access resulting from a joint parking facility; and (4) compliance with shared parking guidelines in the Transportation Criteria Manual. (D) In determining whether to approve an adjustment under Subsection (B), the director shall consider the factors included in Subsection (C). (E) A decision of the director under this section may be appealed to the Land Use Commission. The decision of the Land Use Commission may be appealed to the City Council. (F) A parking space subject to adjustment under this section must be located in a parking facility that provides similar use availability for all uses that the parking facility is intended to serve. (G) The director shall determine the type of bicycle spaces required for a mixed use development at the time that the director determines the bicycle parking requirement under this section. Source: Sections 13-5-100 and 13-5-102(a)(2); Ord. 010607-8. §25-6-479 REDUCED PARKING FOR RETIREMENT HOUSING. (A) This section provides for the reduction in required parking for a retirement housing use to an amount below the base requirements of Appendix A (Tables Of Off-Street Parking And Loading Requirements). (B) For a retirement housing use: httn•//www amleaal cnm/anstin nxt/uatewav_dll/Texas/Austin/cnde00000.htm/volume001 .__ 4/27/2003 Page 36 of 61 ""7 - (1) that is within 500 feet of a retail center with a food sales, personal services, or general retail use, the director may reduce the base parking requirement by 10 percent; (2) that is within 500 feet of a transit route offering service at least 12 hours each day, the director may reduce the base parking requirement by five percent; (3) that is served by a private bus or van, the director may reduce the base parking requirement by 10 percent; (4) that provides meal service to all the residents, the director may reduce the base parking requirement by five percent; and (5) that provides housekeeping services to all residents, the director may reduce the base parking requirement by five percent. (C) This subsection applies if multiple reductions in the parking requirements are applicable under Subsection (B). After the initial reduction is calculated, each subsequent reduction shall be calculated based on the parking requirement resulting from the previous reduction. (D) If parking requirements are reduced under this section, the site plan must show the location of an off-street parking expansion area large enough for the site to comply with the parking requirement without a reduction. (1) An expansion area may not be located in a required landscape area. (2) Up to 50 percent of the required open space may be used as an expansion area. (E) The owner or operator of a retirement housing use shall provide an affidavit to the building official indicating the number of automobiles belonging to occupants of each dwelling unit not later than the third day after a written request is received from the building official. (F) If the building official determines that the number of cars belonging to the occupants of a retirement housing use exceeds the number of off-street parking spaces provided: (1) the building official shall require that the owner or operator construct enough off-street parking spaces in the designated expansion area to accommodate the occupants' vehicles; and (2) the owner or operator shall construct the additional off-street parking spaces required under this subsection within 90 days of receiving notice of the requirement. Source: Section 13-5-107. DIVISION 2: OFF-SITE PARKING §25-6-501 OFF-SITE PARKING ALLOWED. (A) As part of the site plan review process, the director may approve the location of all or a portion of the required or excess parking for a use on a site other than the site on which the use is located if: (1) both the primary use and accessory parking are located in a general office (GO) or less http://www.amlegal.com/austin nxt/gateway.dll/Texas/Austin/code00000.htm/volume001... 8/27/2003 • Page 60 of 61 activities within hotel-motel having more than 250 rooms: General retail 90% of the parking 1% B services required for retail services under this appendix Other uses or 50% of the parking 1% B activities required for the other use or activity under this appendix SCHEDULE M BICYCLE FACILITY TYPE REQUIREMENT: Category Type Re.quirement A One-half of bicycle spaces must be at least be Type II spaces and the remaining half at least Type I spaces, as described in the Transportation Criteria Manual. B All bicycle spaces must be at least Type II spaces, as described in the Transportation Criteria Manual. C One-half of bicycle spaces must be at least Type II spaces, and the remaining half at least Type III spaces, as described in the Transportation Criteria Manual. SCHEDULE N OFF-STREET PARKING REQUIREMENTS FOR A RETIREMENT HOUSING USE Dwelling Unit Size Spaces Per Unit(Base Requirement) Efficiency 1.0 One bedroom 1.25 ---� Two or more bedrooms 1.5 Source: Section 13-5-107; Ord. 990520-38; Ord. 000511-109; Ord. 000831-65; Ord. 010426-48. Disclaimer: The Technical Criteria Manuals and/or any other documents that appear on this site may not reflect the most current legislation adopted by the City of Austin,Texas.American Legal Publishing Corporation provides these manuals for informational purposes only.These manuals should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of the Technical Criteria Manuals should be consulted prior to any action being taken. For further information regarding the official versions of the Technical Criteria Manuals or other documents posted on this site,please contact the City of Austin,Texas directly or contact American Legal Publishing toll-free at 800-445-5588. ©2002 American Legal Publishing Corporation techsupport(a�amlegal.com http://www.amlegal.com/austin_nxt/gateway.dll/Texas/Austin/code00000.htm/volume001... 8/27/2003 n: r § 51A-4.209 Dallas Development Code:Ordinance No.19455,as amended § 51A-4.209 (i) more than five guest rooms use, which is defined as a separate main use in with living and sleeping accommodations, but no Section 51A-4.204(8). kitchen or kitchenette; (B) Districts permitted: By right in (ii) more than five guest rooms CH, multifamily, central area, and mixed use with living, sleeping, and kitchen or kitchenette districts. By SUP only in townhouse and urban facilities that are offered for rental on a daily basis; corridor districts. or (C) Required off-street parking: 0.7 • (iii) more than five guest rooms spaces per dwelling unit or suite, plus one space per with living and sleeping accommodations, each of 300 square feet of floor area not in a dwelling unit or which is individually secured and rented separately suite. If more than ten off-street parking spaces are to one or more individuals who have access to required for this use, handicapped parking must be bathroom, kitchen, or dining facilities outside the provided pursuant to Section 51A-4.305. guest room on a common basis with other occupants of the structure. (D) Required off-street loading: (B) Districts permitted: By right in SQUARE FEET TOTAL REQUIRED FLOOR AREA EV STRU-TT TRF SPACFS OR BERTHS MF-2(A), MF-2(SAH), MF-3(A), MF-4(A), central area, and mixed use districts when located at least o to 50,000 NONE 50,000 to 100,000 1 one mile, measured from property line to property loo,000 to 300,000 2 line, from all other residential hotel uses. Each additional 200,000 1 additional or fraction thereof (C) Required off-street parking: 0.5 (E) Additional provisions: spaces per guest room. If more than ten off-street parking spaces are required for this use, handicapped (i) In these regulations: parking must be provided pursuant to Section 51A-4.305. (aa)ELDERLY RESIDENT means a resident that is 55 years of age or older. (D) Required off-street loading: None. (bb) SUITE means one or more rooms designed to accommodate one family containing (E) Additional provisions: living, sanitary, and sleeping facilities, but not containing a kitchen. (i) This use is subject to the regulations in Article V of Chapter 27 of the Dallas (ii) In townhouse, CH, and City Code, as amended. multifamily districts, this use is subject to the following density restrictions: (ii) For a use holding an occupancy record card pursuant to Chapter 27 on MAXIMUM NO.OF August 10, 1994, the nonconformity as to the minimum ZONING DISTRICT DWELLING UNITS OR CT ASSIFICATION ST TTTFS PFR NET ACRF distance requirement set out in Subparagraph (B) does not render it subject to amortization by the board of TH-1(A) 25 TH-2(A)and TH-3(A) 3 5 adjustment. CH 40 MT-1(A)and MT-1(SAH) 45 MF-2(A)and MF-2(SAH) 5 5 (5.2) Retirement housing. MY-3(A) 90 MF-4(A) 160 (A) Definition: A residential facility (iii) Except as otherwise provided principally designed for persons 55 years of age or older. This use does not include a "convalescent and in Subparagraphs (iv) and (v), each occupied nursing homes, hospice care, and related institutions" dwelling unit or suite must have at least one elderly Dallas City Code 220 9/01 § 51A-4.209 Dallas Development Code:Ordinance No.19455,as amended § 51A-4.209 resident. Failure to comply with this provision shall districts. By right as a restricted component of a result in the facility being reclassified as another building in the GO(A) district. (See Section residential or lodging use. 51A-4.121(d).] (iv) One dwelling unit or suite (C) Required off-street parking: One may be designated as a caretaker unit whose space in R-7.5(A), R-5(A), and TH districts; two occupants are not subject to the age restriction in spaces in all other districts. No handicapped parking Subparagraph (iii). is required. (v) Those persons legally re- (D) Required off-street loading: siding with an elderly resident at the facility may None. continue to reside at the facility for a period not to exceed one year if the elderly resident dies or moves (E) Additional provisions: out for medical reasons. The board may grant a special exception to authorize an extension of the (i) The board of adjustment may length of time a person may continue to reside at the grant a special exception to authorize an additional facility if the board finds, after a public hearing, dwelling unit in any district when, in the opinion of that literal enforcement of this provision would the board, the additional dwelling unit will not: result in an unnecessary personal hardship. In determining whether an unnecessary personal (aa)be used as rental hardship would result, the board shall consider the accommodations;or following factors: (bb) adversely affect (aa)The physical limita- neighboring properties. tions of the resident, if any. (ii) In granting a special (bb) Any economic constraints exception under Subparagraph (i), the board shall which would make it difficult for the resident to require the applicant to deed restrict the subject relocate. property to prevent use of the additional dwelling unit as rental accommodations. (cc) Whether the resident is dependent on support services or special amenities (iii) Except for the foundation, a provided by the retirement housing project. dwelling unit must be physically separable from contiguous dwelling units in the event of removal of a (dd)Whether there are any dwelling unit. Each party wall must be governed by a alternative housing or market constraints which set of deed restrictions, stipulating that if a dwelling would impair the ability to relocate. unit is removed, the party wall stays with the remaining dwelling unit. (vi) No use with exterior advertising or signs may be considered accessory to (iv) Each dwelling unit must this use. have separate utility services; however, general utility services on land owned and maintained by a (6) Single family. homeowner's association is allowed. (A) Definition: One dwelling unit (v) In a single family, duplex, or located on a lot. townhouse district, a lot for a single family use may be supplied by not more than one electrical utility (B) Districts permitted: By right in service, and metered by not more than one electrical agricultural, single family, duplex, townhouse, CH, meter. The board of adjustment may grant a special MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), exception to authorize more than one electrical MH(A), central area, MU-1, and MU-1(SAH) utility service or more than one electrical meter on a Dallas City Code 221 9/01 DE-Al 1 ON Subchapter 14 Development Code 1. Single family dwellings. Two (2) spaces per dwelling unit; the spaces can not be tandem parking spaces. 2. Mixed density dwellings or manufactured housing. a. Studio units or 1-bedroom units less than 500 sq. ft. 1.00 space/unit. b. 1-bedroom units 500 sq. ft.or larger 1.50 spaces/unit. c. 2-bedroom units 1.75 spaces/unit. d. 3-bedroom 2.00 spaces/unit. e. 4 bedroom and more 1.00 space/bedroom. f. Retirement complexes for seniors 55-years or greater 1.00 space/unit. )3. Clubs, fraternity and sorority houses, rooming and boarding houses, dormitories. Two (2) spaces for each three (3) guest rooms; in dormitories, one hundred (100) square feet shall be equivalent to a guest room. 4. Hotels and motels. One (1) space for each guest room, plus one (1) space for the owner or manager. Any convention facilities, restaurants, and other facilities shall be computed for their individual parking demand,subject to the reduction for mixed uses contained in this Chapter. 5. Manufactured housing developments. Additional parking requirements are as established in Chapter 35.9. 6. Residential Subdivisions. Parking requirements are as established in Subchapter 13. B. Commercial Uses. 1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One (1) space per one thousand(1,000) square feet of the first ten thousand(10,000) square feet of gross land area;plus one (1) space per five thousand(5,000) square feet for the excess over ten thousand(10,000)square feet of gross land area;and one(1)per two(2) employees. 2. Bowling Alleys. Three (3) spaces per alley,plus additional spaces for auxiliary activities set forth in this section. 3. Business,general retail, person services. General- one (1) space for three hundred (300) square feet of gross floor area. Furniture and appliances - one (1) space per seven hundred fifty(750) square feet of gross floor area. 4. Chapels and mortuaries. One (1) space per four(4) fixed seats in the main chapel. 5. Offices. Medical and dental - one (1) space per three hundred fifty (350) square feet of gross floor area. General-one(1) space per four hundred fifty(450) square feet of gross floor area. 6. Restaurants,bars,ice cream parlors and similar uses. One (1) space per four (4) seats or one (1) space per 100 sq. ft. of gross leasable floor area,whichever is less. A minimum of three (3) spaces is required. 7. Skating rinks. One(1) space per three-hundred fifty(350) sq. ft.of gross building area. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per four (4) seats. C. Industrial Uses. 1. Industrial uses, except warehousing. One (1) space per seven hundred (700) square feet of gross floor area or for each two(2)employees on the largest shift,whichever is less. l50 OBI 27;%2003 15:40 9724247550 CARLSON TRAVEL PAGE 01 AUG-27-2003 WED 03126 PM CITYY OF PLANO PLAN DE?T FAX NO. 9(2 Yl1 (3yb r, uc f-J fJ Aj ) ARTICLE 3-SUPPLEMENTARY REGULATIONS Household Care Institution One space for every three rooms or beds.whichever is greater. • independent Living Facility (ZC One space per dwelling unit. 2000-83;Ordinance No-2000-11-30) Library or Museum Ten spaces plus one space for each 300 square feet of floor area. Long-Term Care Facility (ZC 2000- One space for each two rooms or 83;Ordinance No.2000-11-30) beds,whichever is greater. Manufacturing, Processing, or One space for each two Repairing employees or one space for each 1,000 square feet of floor area, whichever is greater. Massage Establishments One space for each 200 square 1 feet of floor area. Mini-Warehouses One space for each 20 storage cubicles, plus required parking for the office and caretaker's quarters. Parking spaces to be rented shall not be included in this requirement. One space for each two persons Mortuary normally accommodated in services or one space per 200 square feet,whichever is greater. Nursery One space for each 300 square feet of floor area plus one space for each 5,000 square feet of exterior sales area. (ZC 92-55; Ordinance#92-9-1) Office,General One space for each 300 square feet of floor area or 1:400 parking ratio with the following requirements: a. Single tenant office building of a minimum of 200,000 gross square feet. b. Does not exceed 0.30:1. c. 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S /�'4, �-w 'A''.ka° „lt:rAt i •`p':,; i-' t n s 1`_ ,,n/7 ... r,K c r s-'r [T ..tiF '� a�.d ay�� h a.: ti •Nifj, 411*, ;' �`/ ;Jr -ark,r.r. : �t fi; � .:'-:.'- -,- .-.0., *',..:"-..."-*?-41,,,..4,-, ..4,;t*::,,,;,..:.,1.z,Ti,,,..1,,.11, .., _ 1 Aleix,,,,i4...-.Yare.,*(-.42,t,.:' " 0 As# ?4 '� `+� E `_� 5� �4's,�,ti�"r.a1} y�o a� •m`� �� '�Yh�ti�.� y iN a i • yfv aTtni S'iil ,h. 4.�r. i 1,1.E ...f fi . 4 vkr t[ V 4 ti• '�wW+rf9.till >.y... t .+ >,r 7 4, • O \ t 4 •14 Zb'P4 ✓fi '7.�Aj-.- ;_ zs#r '?�' j^-'r.`:,... - / 3C tf [ m of a�st ' atr, tksa. i �\J�` / . - Fk j / �� / • is tk"c �y s 1 �n' � / dill sz)cz _:•• -'S ,.Ol ,4 QQ,ti. 3 s {t: z rt:,: ..[ t'/I c. 1414 61 f 4`+ppt £tip.. jCP S • a. • 11 \V LL !V/ t�`"�y! } 1hY r t ,‹.' \ /• of ci ' .{ x, c t^r ad w rCi � , �{+`itv - \ \ �� / 1 h ` • • 1 iJ• -t , .tf;L 1,� L ,, ‘, 0r.,'rn r— . , can .'dIDS •• . • I , , �D ' cc c M. \ //1‘ , 7 I i < z ` NOTIFICATION REPORT APPLICANT: Churchill Residential APPLICATION FILE #2003-11 2811 McKinney,Suite 354 LB 101 Dallas,Tx. 75204 ADDRESS II # ( BLK/ABST I LOT/TRACT I TAX I.D. # I PROAppIaOW nt- �y Sisk NAME 2811 McKinney,Suite 354 LB 101 Churchill Residential Dallas,Texas 75204 1001 S.Hwy 78 Tlr 56 Wylie MHP 2 --- Lot 56 M-5020-000-056E-1 Bill Day Wylie,Texas 75098 1001 S.Hwy 78 Tlr 57 Wylie MHP 3 --- Lot 57 M-5020-000-057C-1 Cecil Hamilton Wylie,Texas 75098 1001 S.Hwy 78 Tir 81 Wylie MHP 4 --- Lot 81 M-5020-000-081 C-1 Kay Howell Wylie,Texas 75098 PO Box 1 142 Wylie MHP Helen Mills Wylie,Texas 75098 5 --- Lot 82 M-5020-000-082C-1 1001 S. Hwy 78 Tlr 83 Wylie MHP 6 --- Lot 83 M-5020-000-083E-1 Daniel Rushing Wylie,Texas 75098 Wylie MHP 1001 S. Hwy 78 Tlr 84 7 --- Lot 84 M-5020-000-084D-1 Ricky Montgomery Wylie,Texas 75098 Wylie MHP 1275 E. FM 544 8 --- Lot 85 M-5020-000-085B-1 Edwina Cook Wylie,Texas 75098 1001 S.Hwy 78#86 Wylie MHP 9 --- Lot 86 M-5020-000-086E-1 Mary Jarai Wylie,Texas 75098 PO Box 578 Wyli 75098 Wylie MHP e,Texas 10 --- Lot 87 M-5020-000-0870-1 The Collins Property Wyli100 S.Hwy 78 8 Wylie MHP Ile,Texas 75098 11 --- Lot 88 M-5020-000-088A-1 Irene Wolford Wy 1001 S.Hwy 78#89 Wylie MHP 12 --- Lot 89 M-5020-000-089A-1 Theon Ford Wylie,Texas 75098 100 Lakefront Drive Wylie MHP' Lisa Keith Wylie,Texas 75098 Wylie MHP 13 --- Lot 90 M-5020-000-0900-1 1001 S.Hwy 78#90 14 --- Lot 91 M-5020-000-091 C-1 Lauretta Kimberlin 98 p 1 S. Hwy 78 Ile,Texas 750 0 92 Wylie MHP 15 --- Lot 92 M-5020-000-092A-1 Mike Phelps Wylie,Texas 75098 1001 S.Hwy 78#92 Wylie MHP 16 --- Lot 93 M-5020-000-092A-1 Mike Phelps Wylie,Texas 75098 1001 S.Hwy 78#104 Wylie MHP Wylie,Texas 75098 17 --- Lot 104 M-5020-000-104A-1 Peggy Terwort 06 Dogwood Trail Wylie MHP 18 --- Lot 105 M-5020-000-105E-1 Mary Dean Rowlett,Texas 75088 Holland Hitch Addn Ten Gallon Land Company 1301 Martinez Lane (7 19 Lot 1 R-4853-000-0010-1 c/o Hdland Hitch of Texas Wylie,Texas 75098 Holland Hitch Addn Ten Gallon Land Company 1301 Martinez Lane dr Lot 2 R-4853-000-0020-1 c/o Holland Hitch of Texas Wylie,Texas 75098 20 2000 Hwy. 78 North Westwlnd Meadows 21 Blk 4 Lot 4 R-1179-004-0040-1 City of Wylie Wylie, 098 PO Box Texas 75 75 4102 Westwind Meadows Redondo Beach,CA 90277-1745 22 Bik 1 Lot 1 R 1 179 001 0010 1 Timothy Long 602 Willow Way Wylie,600 Texasay ay Westwind Meadows x 23 Blk 1 Lot 2 R-1179-001-0020-1 Stephen Stalcup W 5098 Westwind Meadows 0 WTeillow s ay 24 Blk 1 Lot 3 R-1179-001-0030-1 Richard Riggs 5098 4711 Canvasback Lane Westwind Meadows Texas 75048-3965 25 Bik 1 Lot 4 R-1179-001-0040-1 Larry Fish Sachse, PO Box 56 Westwind Meadows 2 ie,Texas 75098 26 Blk 4 ( Lot 4A ( R-1292-004-004A-1 Wylie Supermarkets Inc. APO Box Westwind Meadows 2 Redondo Beach,CA 90277-1745 02 27 Blk 1 ( Lot 24 I R-1292-001-0240-1 Timothy Long 608 Willow Way Westwind Meadows 2 x 75098 28 Bik 1 ( Lot 25 I R-1292-001-0250-1 Peggy Tsukahara Wylie,610 Texas Way WestwInd Meadows 2 Willow s Way 29 Blk 1 I Lot 26 I R-1292-001-0260-1 Edward Wanner Wylie,Texas 612 Willow Way 75098 Westwlnd Meadows 2 Wylie,Texas Way 30 Blk 1 ( Lot 27 ( R-1292-001-0270-1 Dudley Davis 75098 6301 Industrial Lane Westwlnd Meadows 2 75048-3150 31 Blk 1 I Lot 28 I R-1292-001-0280-1 Dale Swanson Sachse,Texas. Way Westwind Meadows 2 6I1e,Willowllos Way 32 Bik 1 ( Lot 29 ( R-1292-001-0290-1 Cal Flores 618 Texas Way 75098 Westwlnd Meadows 2 Wylie,618 WTeillow ay 33 Blk 1 I Lot 30 ( R-1292-001-0300-1 Eileen Krei620 Willow Way 5098 Westwlnd Meadows 2 Wylie,W ll Way 34 Blk 1 ( Lot 31 ( R-1292-001-0310-1 Bradley Durham 22 xas Way 75098 WesWind Meadows 2 WillowTells Way 35 Blk 1 ( Lot 32 ( R-1292-001-0320-1 Jeffrey Hurse Wylie, 75098 2804 Landershire Lane Westwind Meadows 2 o,Texas 75023-7924 36 Blk 1 ( Lot 33 ( R-1292-001-0330-1 Gary Wiltrout Plan Pian Westwlnd Meadows 2 8322 Club Meadows Drive 75243-7420 Texas 37 Bik 1 I Lot 34 ( R-1292-001-0340-1 Frederick Hirschler Dallas,628 as low Westwlnd Meadows 2 Ile,Willow Way Way 38 Bik 1 ( Lot 35 ( R-1292-001-0350-1 Cassandra West 75098 Westwind Meadows 2 630 Willow Way P Box 39 Blk 1 I Lot 36 ( R-1292-001-0360-1 Gary Patrick WY Ile,Texas 75098 Westwlnd Meadows 2 Wylie,Texas 1071 40 Blk 1 ( Lot 37 ( R-1292-001-0370-1 Derald Ackles 5098 Westwlnd Meadows 2 Wylie,Texas 634 Willow Way 41 Blk 1 ( Lot 38 ( R 1292 001 0380 1 Leroy Baca 75098 636 Willow Way Westwind Meadows 2 Ile,Texas Way 42 Blk 1 ( Lot 39 ( R-1292-001-0390-1 Steven Glllisple 638 Willow Way Westwind75098 Meadows 2 Hubert Gore Wylie,Texas 75098 � RI4 1 I llot 40 I R-1292-001-0400-1 Westwind Meadows 2 Wylie,640 Willow Way ay 44 BIk 1 I Lot 41 I R-1292-001-0410-1 Audelio Morales642 Texas Way 5098 Westwind Meadows 2 Texas ay 45 BIk 1 I Lot 42 1 R-1292-001-0420-1 Jeffrey Tillman Wylie, 5098 Westwind Meadows 2 George Family Living Trust 632 Stoneybrook Drive 46 Blk 1 I Lot 43 I R-1292-001-0430-1 c/o Charles George Wylie,Texas 75098 Westwind Meadows 2 634 Stoneybrook Drive R-1292-001-0440-1 Charleen Christopher Wylie,Texas 75098 47 BIk 1 Lot e 636 Stoneybrook Drive Westwind Meadows 2 Texas 7k Drive X48 BIk 1 I Lot 45 ( R-1292-001-0450-1 Leslie Mullins Wylie,638 Stoneybrook 98e Westwind Meadows 2 lie,Texas 75098 49 BIk 1 I Lot 46 I R-1292-001-0460-1 Floyd Bratcher Wylie, Box 359 Wesiwind Meadows 2 Rowlett,Texas 7 59 0359 50 BIk 1 I Lot 47 I R-1292-001-0470-1 Castle Ridge Homes 642 Stoneybrook 50 0-i0e Westwind Meadows 2 Wylie,Texas 75098 (Dri 51 BIk 1 I Lot 48 I R-1292-001-0480-1 John Zimmerman hie31 Texas Way Westwind Meadows 2 Ile,WillowWay 52 Bik 8 I Lot 1 I R-1292-008-0010-1 David Goad 630W StoneybrookTexas75 98e Westwind Meadows 2 Wylie,Texas 75098 53 Bik 8 Lot 2 R 1292 008 0020 1 Donald Osborne 607 Valentine Lane Holliday Terrace#1 Wylie,Texas 54 Blk 3 Lot 1 R-1 163-003-0010-1 Frank Prater 75098 605 Valentine Holliday Terrace#1Lane Wylie,55 BIk 3 Lot 2 R-1163-003-0020-1 Joe Martinez 603 Valentine Texas 7509809 Holliday Terrace#1 098 e 56 Bik 3 Lot 3 R-1163-003-0030-1 David Smith 601 Valentine Wylle,Texas 7509e Holliday Terrace#1 Texas 75098 57 BIk 3 Lot 4 R-1163-003-0040-1 Helen Rogers Wylie,Mardi Gras Lane Holliday Terrace#1 900Wylie,Texas 75098 58 BIk 1 Lot 7 R-1 163-001-0070-1 Frances Simmons 902 Mardi Gras Lane Holliday Terrace#1 59 Bik 1 Lot 8 R-1163-001-0080-1 Las Leopard Wylie,Texas 75098904 Mardi Gras Lane Holiday Terrace#1 Stella Boecker 60 Blk 1 Lot 9 R-1 163-001-0090-1 c/o James Blakey Wylie,Texas 75098 906 Mardi Gras Lane Holliday Terrace#1 61 Blk 1 Lot 10 R-1163-001-0100-1 Dorothy May Wylie,Texas 75098 121 Brockway Drive Holliday Terrace#1 Rockwall,Texas 75032-5602 62 BIk 1 Lot 11 R-1163-001-0110-1 Hal Portman 910 Mardi Gras Lane Holliday Terrace#1 Wylie,Texas 75098 X 63 Blk 1 Lot 12 R-1 163-001-0120-1 DW Ward 1000 Mardi Gras Lane Halliday Terrace#1 75098 64 BIk 1 Lot 13 R-1163-001-0130-1 Atha Wigington 1002 Mardi Wylie,Texas 750Gras98e Holiday Terrace#1 Texas 75098 65 Bik 1 Lot 14 R-1163-001-0140-1 Pedro Estrada Wylie, Holliday Terrace#1 PO Box 21 7 X 66 Blk 1 Lot 15 R-1163-001-0150-1 Sarah Bartholomew Wylie,Texas 75098 Holliday Terrace#1 1006 Mardi Gras Lane 67 Blk 1 Lot 16 _ R-1163-001-0160-1 Jennifer Boston Wylie,Texas 75098 Holliday Terrace#1 1008 Mardi Gras Lane 68 Blk 1 Lot 17 R-1163-001-0170-1 Bobby Sadler Wylie,Texas 75098 OHoliday Terrace#1 1421 Harlin Drive 69 Blk 1 Lot 18 R 1 163 001 0180 1 John Crowe Sr. Wylie,Texas 75098 70 Blk 1 X. Holiday Terrace#1 600 Valentine Lane Lot 19 R-1163-001-0190-1 Gregory Hines Wylie,Texas 75098 Holiday Terrace#1 602 Valentine Lane 71 Blk 1 Lot 20 R-1163-001-0200-1 Kevin Zabcik Wylie,Texas 75098 Holliday Terrace#1 508 Valentine Lane 72 Blk 2 Lot 20 R-1163-002-0200-1 _ Joann Gibson Wylie,Texas 75098 Holliday Terrace#1 1009 Mardi Gras Lane 73 Blk 2 Lot 21 R-1163-002-0210-1 _ Sandra Messinger Wylie,Texas 75098 Holliday Terrace#1 1007 Mardi Gras Lane 74 Blk 2 Lot 22 R-1163-002-0220-1 Stanley Schultz Wylie,Texas 75098 O Holliday Terrace#1 1421 Harlin Drive 75 Blk 2 Lot 23 R-1163-002-0230-1 John Crowe Sr. 1003Wylie, ,TexasMardl 75098as e Holliday Terrace#1 76 Blk 2 Lot 24 R 1 1 63 002 0240 1 Mary Bradley Wylie,Texas 75098 Holliday Terrace#1 PO Box 273 77 Blk 2 Lot 25 R-1163-002-0250-1 Clara Carr Wylie,Texas 75098 Holliday Terrace#1 911 Mardi Gras Lane 78 Blk 2 Lot 26 R-1 163-002-0260-1 James Mangan Wylie,Texas 75098 Holliday Terrace#1 909 Mardi Gras Lane 79 Blk 2 Lot 27 R-1163-002-0270-1 Anthony Ganos Wylie,Texas 75098 Holiday Terrace#1 311 Willow Wood Street 80 Blk 2 Lot 28 R-1163-002-0280-1 Ralph Rozier ID Plano, Texas0 B 75094-3523 Holliday Terrace#1 ingsley 81 Blk 2 Lot 29 R-1163-002-0290-1 CJ Bogue Sachse,Texas 75048-3144 Martinez#2 2121 Posey Lane X 82 Blk A Lot 4 R-2570-00A-0040-1 Henry Martinez Wylie,Texas 75098 Wylie Shopping Vig PO Box 1411 83 BIk 1 Lot 1 R-2446-001-0010-1 Brookshire Grocery Co. Tyler,TexPx Box 71 141 1 84 Abst 267 Tract 45 R-6267-000-0450-1 Bariatric Care Center of Tx. Ann Arbor,PO Box 454 6 0454 85 Abst 267 Tract 44 R-6267-000-0440-1 Bariatric Care Center of Tx. Ann Arbor, Box 148145 6-0454 86 Abst 267 Tract 6 R-6267-000-0060-1 Bariatric Care Center of Tx. Ann Arbor,MI 48106-0454 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 #2003-11. !// I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2, 2003,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: H e, A ' JA-1^-e 1 N . 2_. (pleaseprint) Address: a J ) r S y LA IV - Signature: Date: 2 a S — O COMMENTS: 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 #2003-11. X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2, 2003,7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location &Time of City Council meeting: Tuesday, September 23, 2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Chg. r Les r7 (please print) Address: (' 2- SZ oN 2-y 1 V'oo4o �-• TX - 75 ° IS Signature: Date: r Z. 2 - O COMMENTS: p /� irtt,a Lc�-p Cup-IL, 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 #2003-11. L I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex.2000 Highway 78 North,Wylie,Texas Name: C.r-E . 1 1 ti 4E) (please` print) t Address: C L �(-.`ems 4--fvkx_ U ,, \Ai y-e_ .\-/- .---7.) 6 Si ature: CP ft __—_ ----- Date: 6 'l 16_� COMMENTS: ty 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 #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ► J 5:- (2,()( f ,1 ., I t S (please print) (( I Address: (_ C-7. T or ci,f)rook- J Signat`ure:�7C ;`�// _-- Date: Y//4r. 6 COMMENTS: ;t-- �. lJ LC _I.l.l��-._v? / ( -11 C /1 , /Y ill � '1t f /c �CrG> }-.)A -. e)n ��.. rr i LI (Y,lr er�r P / I r. . /t. L / 1,, , t , }7/ AL, .ft ./ y' -i,.'/T[•�.,� (Z/1_.{ v r, /'� A_. 1i1 f:.�r'...L.`t..r-r\ G ,-•"-. • / �1 i.ii_ ..,I �•! , Leh...-i .� iJ , ...J !�'..�..��.. (TZ �' , IVY/C�-✓�) G�-'�`:C.-_. l C�r—�( 5-cs- Y�-L.d—�� 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 #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date, Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: �Jl •/ 0i-C,t E (please print) i1 Address: / (i, / lGZ i-Lit_ (bckyi 'D-, / (-) 5 /c/C; A.(co-c-L i 6z va. 0 Signature ' • '/- . �� - Zzz �- <:%,L-e,(l/.tF_ _, i ae: •-j /? /G) COMMENTS: /1-K1-e_- - e- --' /.--- --Ze---10-e •7 •L/e'--7e-e/.— _,,, _/.,/' r. -7. 1._ ////')- /J , /(<1='(14 � _,'/ (2'/ie/ - Atz-)/ Dt_7:-/-ILL, /�c ,,,)4--e- /i✓`� 7r e J z',:7;7,� -0 ) — -41/j 6 J 7t/4 - - .,_ 7L�7, 4, // -,t%'1(1_, ,yl- , .-GCS n li-i t� ,j/ke- C-L e--6' Cl)%Y ,K)--z-e-y /-?-e-a- 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 #2003-11. yI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date.Location&Time of City Council meeting: Tuesday, September 23, 2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: -77-�'/ /L. (j9),/ .4 (please print) Address: 9 /G) /11/',ep I (`I1.7_7 S �' Signature: ��/ ��r V Date: 1 t2 COMMENTS: 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 #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: F./C '� l HA ! f) 0 / O nl (please print)Address: / C7 0 y /t n '7/IL 0 �j h!-4 S Signature: TEE-C-1 f C /\.) -C :E z y kCA-0 Date: //// �? COMMENTS: 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 #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23, 2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: I.��1r (2)r:N e.N.t (please print) • Address: c'3 f k�r�C1� q f GAS Signature: ()( c)..),_., �jS'r Date: � `4") !.� COMMENTS: 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 #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas • Name: 11p10T 9 �J>�-�r+�c�.?s/ (regAeytO (please print) / Address: f ®j 11067.01z (, (Iai*)D Ltc Signature: Date: f' 3 Date: ')•>" COMMENTS: WYLIE CITY COUNCIL AGENDA ITEM NO. 2. September 23, 2003 Issue Consider and act upon a Payment in Lieu of Ad Valorem Taxes Agreement with PWA-Wylie Senior Community, L.P. Background On the September 23, 2003 agenda is ZC 2003-11, for the Evergreen Retirement Homes. The proposed General Partner and owner of the project are currently exempt from property taxes by Texas law. Tax credits have been applied for with the Texas Department of Housing and Community Affairs for the purpose of developing the senior apartment complex of 150 units for lower income individuals of 55 and older. The developer has proposed a Payment in Lieu of Taxes (PILOT) agreement which would reimburse the City at 100% of the value of the ad valorem taxes, on a yearly basis. As proposed, the PILOT agreement would automatically expire in year 2044, or after the 30- year life of the Land Use Restriction Agreement (which restricts the rental rates), unless extended. The developer has also entered into PILOT agreements with the cities of Mesquite (100%) and Arlington (60%). The developer has proposed a PILOT agreement with the Wylie Independent School District with a reimbursement amount of 15%. The WISD has indicated that they will not act on the proposal until the Council has considered the zoning request. Financial Consideration The vacant property for which the project is proposed is currently valued at $227,906 by the Central Appraisal District. Staff Recommendations If Council wishes to approve the PILOT Agreement, staff recommends that it be conditioned upon approval of ZC #2003-11. Attachments Payment in Lieu of Taxes Agreement Prepared Reviewed by Finance ity Mang, r Approval 385117-1 AGREEMENT FOR PAYMENT IN LIEU OF AD VALOREM TAXES THIS AGREEMENT FOR PAYMENT IN LIEU OF AD VALOREM TAXES (the "Agreement"), dated as of September 23, 2003, by and between the CITY OF WYLIE, a Municipal Entity and political subdivision under the laws of the State of Texas (the "City"), and PWA-WYLIE SENIOR COMMUNITY,L.P., a Texas limited partnership (the"Borrower). WITNESSETH: WHEREAS, the Borrower is a Texas limited partnership whose general partner (the "General Partner") is a limited liability company; WHEREAS, the Borrower intends to acquire, construct, and equip a multifamily senior apartment facility in Collin County, Texas, to be known as the Wylie Senior Community (the "Facility" or the"Property" as described in Exhibit"A"); WHEREAS, the Facility is or will be exempt from ad valorem taxation (the "Exemption"); and WHEREAS, the City and Borrower desire that the Borrower make payments in lieu of taxes to the City to preserve some of the tax revenue lost through the Exemption; NOW, THEREFORE, in the joint and mutual exercise of their powers and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. Amount of Payment. The amount of payment for the Facility for each year shall be determined using the following formula: 100% of the amount the City would have received in such calendar year if the Facility were subject to ad valorem taxation= PILOT Payment 2. Timing of Payment. The Borrower shall cause to be paid to the City the amount set forth in paragraph 1 on December 31 of that year for which the payment is made. For example, the payment made in lieu of 2004 year taxes must be made no later than December 31, 2004. If Borrower fails to make that payment, interest and penalties will accrue at the same time and at the same rate for delinquent taxes under '33.01 of the Texas Tax Code. 3. Term of the Agreement. This Agreement shall continue until payment of the in lieu amount for 2044, after which this Agreement shall automatically terminate. During the term of this Agreement, it shall be and is binding upon the Borrower, all successors and assigns, and shall be binding on any successive purchaser of the Property, or any portion thereof and the terms and provisions herein shall be deemed to be restrictive covenants encumbering and running with the land. 4. Subordination. The PILOT Payment amounts set forth in Paragraph 1, supra, shall be subordinated to all debt service of the Property. Nothing in this Agreement shall be construed as creating a lien against the Property. 385117-1 5. Mediation. If any dispute arises relating to this Agreement (the "Dispute"), including, but not limited to, payment of amounts set forth in Paragraph 1, then any party hereto may give written notice to the other party requiring all involved parties to attempt to resolve the Dispute by mediation. Except in those circumstances when a party reasonably believes that an applicable statute of limitations period is about to expire, or a party requires injunctive or equitable relief, the parties are obligated to use this mediation procedure prior to initiating arbitration or any other action. Within seven (7) days after receiving the mediation notice, each party must deliver a written designation to the other party stating the names of one or more individuals with authority to represent that party at mediation. Within ten (10) days after the date of designation, the parties shall make a good faith effort to select a qualified mediator to mediate the Dispute. If the parties are unable to timely agree upon a mutually acceptable mediator, the parties shall request any closely available public alternative dispute resolution service coordinator to appoint a mediator. In consultation with the mediator, the parties shall promptly designate a mutually convenient time and place for the mediation which is no later than thirty (30) days after selection of the mediator. In the mediation, each party shall be represented by persons with authority and discretion to negotiate a resolution of the Dispute, and may be represented by counsel. The mediation shall be governed by the provisions of Chapter 154 of the Texas Civil Practice and Remedies Code, and such other rules as the mediator may prescribe. The fees and expenses of the mediator shall be paid by the party who requests such mediation. 6. Multiple-Execution. This Agreement may be simultaneously executed in multiple parts, each of which shall be considered an original and all of which constitute but one and the same instrument. 7. Complete Agreement. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof. There are no oral or other written agreements pertaining to this matter. 8. Applicable Law. This Agreement shall be construed under, governed and enforced in accordance with the laws of the State of Texas. Venue for any dispute arising out of the terms of this Agreement shall be in Collin County, Texas. 9. Costs and Expenses. In the event the Borrower breaches the terms and provisions of this Agreement, the Borrower shall reimburse the City upon written demand for all reasonable costs and expenses(including reasonable attorneys= fees) of enforcement of this Agreement. 10. Notice. Any notice required under this Agreement shall be sent as follows: City: Borrower: PWA-Mesquite Senior Community, L.P. EXECUTED this the day of , 2003. CITY OF WYLIE By: Name: Title: 385117-1 PWA-Wylie SENIOR COMMUNITY, L.P., a Texas limited partnership By: PWA-Wylie GP, LLC, a Texas limited liability company By: Name: Title: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2003, by of the_City of Wylie, on behalf of said City. Notary Public, STATE OF TEXAS (SEAL) 385117-1 THE STATE OF TEXAS ' COUNTY OF This instrument was acknowledged before me on the day of , 2003, by , on behalf of the general partner of , L.P., a Texas limited partnership, on behalf of said limited partnership. Notary Public STATE OF TEXAS (SEAL) 385117-1 EXHIBIT "A" PROPERTY DESCRIPTION BEING a tract of land situated in the E. C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas and being a portion of that that called 871,654 square foot tract of land described in deed to Bariatric Care Center of Texas, Inc. recorded in Volume 4621, Page 1555, Deed Records of Collin County, Texas (DRCCT), and being more particularly described as follows: COMMENCING at the most northerly corner of said Bariatric Care tract of land being in the southeasterly right-of-way line of State Highway No. 78, (a variable width right-of-way); THENCE South 32°30'44" East along the common line of said Bariatric Care tract of land, Lot 1, Block 1 of WYLIE SHOPPING VILLAGE NO. 1, an addition to the City of Wylie described by plat recorded in Cabinet G, Page 542, Plat Records of Collin County, Texas, (PRCCT), and that that called 5.232 acre tract of land described in deed to Ross S. Bagwell, Paula D. Bagwell, Agland Chemical Money Purchase Plan and Agland Chemical Profit Sharing Plan recorded in County Clerk's File No. 94-0078165, DRCCT, a distance of 782.38 feet to a point for corner; THENCE South 00°06'38" East, continuing along said Bariatric Care tract of land and said Bagwell tract of land, a distance of 399.15 feet to a point in the north line WESTWIND MEADOWS No. 2, an addition to the City of Wylie described by plat recorded in Cabinet C, Page 706, PRCCT, the POINT OF BEGINNING, THENCE North 88°49'16" West, along the common line of said Bariatric Care tract of land and said WESTWIND MEADOWS No. 2, a distance of 760.75 feet to a point for corner; THENCE South 04°58'00"West, continuing along said common line, a distance of 415.78 feet to a point for corner; THENCE South 89°52'59" West continuing along said common line, a distance of 227.80 feet to a point for corner; THENCE South 00°05'05" East, a distance of 3.00 feet to a point for corner; THENCE North 89°05'51"West, a distance of 96.59 feet to a point for corner; THENCE North 04°10'20" East, a distance of 286.00 feet to a point for corner; THENCE North 89°52'59" East, a distance of 313.18 feet to a point for corner; THENCE North 04°58'00" East, a distance of 153.70 feet to a point for corner; THENCE South 86°08'16" East, a distance of 78.14 feet to a point for corner; THENCE South 88°49'37" East, a distance of 665.81 to a point for corner; THENCE North 00°06'38" West, continuing along said Bariatric Care tract of land, a distance of 380.16 feet to a point for corner; THENCE North 32°30'44" West, continuing along said Bariatric Care tract of land, a distance of 182.55 feet to a point for corner; THENCE North 57°26'21" East, a distance of 194.15 feet to a point for corner; 385117-1 THENCE South 88°27'53" East, a distance of 171.16 feet to a point for corner; THENCE North 01°33'34" East, a distance of 130.00 feet to a point for corner; THENCE South 88°35'39" East, a distance of 71.49 feet to a point for corner; THENCE South 00°02'00" East, a distance of 787.16 feet to a point for corner; THENCE North 88°51'25" West, a distance of 311.64 feet to the POINT OF BEGINNING, and containing approximately 332,924 square feet of 7.643 acres of land. 385117-1 WYLIE CITY COUNCIL AGENDA ITEM NO. 3. September 23, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17(SF-8.5/17)to Townhouse (TH) District for residential uses, being located at 414 N. Jackson Avenue, and being Lot 3A, Block 2 of the Russell Addition, and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. (Zoning Case 2003-12) Background The applicant is requesting rezoning of the subject property in order to redevelop it as attached residential units similar to those recently constructed across Jackson to the southwest. The Russell No. 1 Addition is one of the oldest subdivisions within Wylie. The subject property was originally a portion of the single Lot 3 of Block 2 of this Addition, but that larger lot has subsequently been divided into the four separated Lots 3A, 3B, 3C and 3D, although the date and method of this division is unknown. Due to discrepancy in the record,the exact dimensions and size of these lots(including the subject property) is not currently verified, but a rectified legal description will be required as part of the replatting process. Records indicate that the subject Lot 3A has between 75.5 and 78 feet of frontage along Jackson Avenue, and contains between 8,881 and 10,343 square feet. Either of these dimensions is sufficient to accommodate the replatting and construction of duplex dwellings. The subject lot is zoned Single-Family 8.5/17 District, and is currently vacant but has been previously occupied by a small detached single-family residence. All of the properties across Jackson to the west are zoned Townhouse (TH) District and are redeveloping for duplex residences by the applicant (12 duplexes currently completed and 2 detached single-family residences remain). Properties abutting to the south and east are zoned Single-Family 8.5/17 and are developed as detached single-family residences of varied age, size, style and ownership. The applicant is attempting to consolidate many of these lots along Jackson under single ownership for future redevelopment. An alley (15 feet width) abuts the property on the north and a contractor's storage yard occupies the Agriculturally (A) zoned property north of the alley. Requests have been submitted for abandonment and closure of this alley, but such is not likely due to the need to maintain access and through circulation of emergency vehicles on Jackson and Ballard. However, zoning is considered to the center of abutting rights- of-way, and the alley land would maintain the zoning of the subject lot should it be abandoned. Public Comment Forms were mailed to twenty-three (23) property owners within 200 feet of this request. Three (3) Comment Forms have been returned at the time of posting, all favoring the requested rezoning. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The currently-adopted Comprehensive Plan recommends Suburban Residential Uses for the subject property and neighboring area. The Plan defines the Suburban Residential land use category as detached residential lots of between 10,000 square feet(1/4 acre)to one acre in size and located further distances (as much as 3,000 feet)from Village Center retail uses. The proposed zoning is not consistent with this recommendation of the Plan. However,the Planning and Zoning Commission is considering revisions to the Comprehensive Plan,and has proposed Village Residential uses for the area. Village Residential includes multi-family apartments, attached single-family duplexes or townhouses and detached single-family residences on lots of at least 8,500 square feet,and is intended to be located in closer,pedestrian-accessible proximity to the core retail services. The relatively close proximity of the subject property to the retail opportunities of downtown Wylie(south of Brown Street),suggests that the location is more compatible with higher-density Village Center residential uses, than the lower-density Suburban densities currently recommended by the Comprehensive Plan. The requested rezoning is consistent with this proposed revision of the Comprehensive Plan. 2. The property directly across Jackson Street from the subject property has recently been rezoned from SF 8.5/17 to Townhouse District and redeveloped as duplex residences,as have been twelve other lots to the southwest across Jackson. The requested rezoning is consistent with this trend and continues this pattern of redevelopment to larger, more modern dwellings. 3. The subject lot is of sufficient size to accommodate a single detached dwelling of the size and design required by the current Single-Family 8.5/17 zoning. 4. The proposed Townhouse zoning requires that each dwelling be located on a separately platted lot. For duplexes,each lot must be a minimum of 3,500 square feet,and not less than 30 feet wide at the building line (when attached 3 or more as townhouses, the interior lots/dwellings must be at least 3,000 sq. ft.). The existing lot is large enough(either 8,881 or 10,343 sq.ft.)to comply with this minimum required lot size for attached dwellings. The applicant will be required to replat the subject property in order to accommodate duplexes or townhouses, and development impact fees must be paid when the lots are replatted. 5. An unimproved alley,fifteen(15)feet in width,abuts the subject lot on the north,and is used as an illegal short-cut around the four-way stop at Brown and Ballard. However, this section of Jackson north of Brown is too long(at+/-750 feet)to be adequately served by fire and emergency vehicles if dead-ended with no second point of access/egress, and the alley provides at least some emergency access. The applicant and other area property owners have requested that the alley be closed by barricading,but such is not appropriate unless the alley is officially abandoned by the City and sold at fair-market value to adjacent property owners. The alley is currently zoned Single-Family 8.5/17 District,and will be rezoned to Townhouse District with the subject action and if abandoned and added to the subject property,all or any portion of the alley could be developed for townhouses. 6. Due to its adjacency to the railroad corridor on the west and the relative short length of this segment of Jackson Street,the subject property is more appropriate for the higher-density Townhouse dwellings than for the lower-densities of the current SF 8.5 District zoning or recommended larger lots of the Comprehensive Plan. The proposed redevelopment can serve as a catalyst for additional reinvestment and revitalization of this older, declining neighborhood, as the recently-completed duplexes have encouraged the subject proposal. Board/Commission Recommendation At the September 2, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the proposed zoning change. Staff Recommendation Approval. The proposed zoning and use are compatible with the pattern of redevelopment and can serve to further stimulate redevelopment of the area. Attachments Ordinance Location Map Notification List and Map, with Responses / / [201,‘I L±L-- / fi1/4/64.— / 'repared by \ Reviewed by Finance City M 4'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 2003-12, TO TOWNHOUSE (TH) DISTRICT; 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 Townhouse District, allowing for residential uses, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 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 of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance;nor shall it have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2003. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Zone Change#2003-12 PROPERTY DESCRIPTION BEING a tract of land located at 414 North Jackson Avenue, and being Lot 3A, Block 2 of the Russell Addition, and being situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. a),--1 t Harvest Bend Drive v N i Q _.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.. cn . o a) 0 0 4 .., i �� / c i Subject - i c _ Property Lane _ i i 1 i -1 // i . . . l , i IL I- .1 i { i----i r.._..r.._i i i i i Westbrowntre:t ( 0 East i Brown Street i Q NI iv Jefferson Street INN ellf ______ <ee 11111111.011111 ! 15 IF pc )11 o w m „ Marble Street ✓ L gee _.. i 1 V .../ . ] A ---- E wiiii.- di num Q L 1 .. A LOCATION MAP ZONING CASE #2003- 12 NOTIFICATION REPORT APPLICANT: Larry DeBerry APPLICATION FILE #2003-12 8277 Private Road Nevada,Texas 75173 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 8277 Private Road 1 Larry DeBerry Nevada,Texas 75173 Russell Addn 100 Jackson Avenue lJ 2 Blk 2 Lot 3A R-1173-002-003A-1 Anita Lemons Wylie,Texas 75098 Russell Addn 509 N. Ballard Avenue 3 Blk 2 Lot 3B R-1173-002-003E-1 Jim Klugh Wylie,Texas 75098 Russell Addn Scott Living Trust PO Box 1568 4 Blk 2 Lot 3C R-1 173-002-003C-1 Joel &Margaret Scott Trustees Wylie,Texas 75098 Russell Addn 5810 Southampton Drive 5 BIk 2 Lot 3D R-1 173-002-003D-1 Jerry Cooper Richardson,Texas 75082-4942 Russell Addn 409 S. Ballard Avenue 6 BIk 2 Lot 2A R-1173-002-002A-1 Scott Mills Wylie,Texas 75098 Russell Addn 1 1 1 1 Wheelis Road 7 Blk 2 Lot 2B R-1173-002-002E-i Otis Ferguson Wylie,Texas 75098 Russell Addn 1 1 1 1 Wheelis Road 8 Blk 2 Lot 2C R-1173-002-002C-1 Otis Ferguson Wylie,Texas 75098 Russell Addn PO Box 875 9 BIk 2 Lot 2D R-1 173-002-002D-1 Alan Gauthier Wylie,Texas 75098 Russell Addn 1 1 1 1 Wheelis Road 10 BIk 2 Lot 2E R-1173-002-002E-1 Otis Ferguson Wylie,Texas 75098 Russell Addn 419 N. Jackson Avenue 11 Blk 2 Lot 2F R-1173-002-002F-1 Donald Drain Wylie,Texas 75098 Russell Addn PO Box 654 12 BIk 2 Lot 2G R-1173-002-002G-1 Martha Watkins Wylie,Texas 75098 Russell Addn PO Box 654 13 Blk 2 Lot 2H R-1 173-002-002G-1 Martha Watkins Wylie,Texas 75098 Russell Addn 8277 Private Road 5397 14 Blk 3 Lot 2B R-1173-003-002B-1 Laurence DeBerry II Nevada,Texas 75173 ORussell Addn 311 Willow Wood Street 15 Blk 3 Lot 2C R-1 173-003-002C-1 Ralph Rozier Piano,Texas 75094-3523 Russell Addn 3114 Oaks Drive 16 Blk 3 Lot 2D R-1173-003-002D-1 Majorie Lemons Garland,Texas 75044-6924 Russell Addn 413 N. Jackson Avenue 17 BIk 3 Lot 2E R-1173-003-002E-1 Harvie Miller Wylie,Texas 75098 1190 Ramsay Drive 18 Abst. 820 Tract 2 R-6820-000-0020-1 Keith Anderson Allen,Texas 75002-8137 PO Box 1256 19 Abst. 820 Tract 3 R-6820-000-0030-1 Burce Epple Wylie,Texas 75098 1 190 Ramsay Drive 20 Abst. 820 Tract 4 R-6820-000-0040-1 Keith Anderson Allen,Texas 75002-8137 PO Box 1501 21 Abst. 820 Tract 5 R-6820-000-0050-1 Joe Green Wylie,Texas 75098 PO Box 276 22 Abst. 820 Tract 51 R-6820-000-0510-1 Simtrott Wylie, Inc. Royse City,Texas 75189-0276 Bill Lovil, P.E. PO Box 90 23 Ballard Avenue Texas Dept. of Transportation McKinney,Texas 75069 24 25 26 27 28 29 30 31 74125-1- S2o c, / aiw. y p:P .4# x k ,.plc tv. a- ,xr .E. a, t x 'k. ��Ese r 0 �- -s'wfisR +$` 'S 4" arzq FC``,Yy. yi �''^ • {Tg. '.1,ta-; �' •a ,ec e e'en -,9 0 Yr r Y 4x.xxt� tt aN� 'Kk vb^ d ti .. ,r �a;�-��+ �.a t&•. et�`�� t� h{M�k +gym � k,. 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F t «. cF4`k' d 1 s' '++ i pt�} ..4 c rim it 0tiY, 3'r f '� a.r '' z f s r _ . . — s' "i eft h ,4,,�. T.7!§ A,SIy,} '�. } ,} 3, 7. 1 ' .. 9 a % r oS t ua3' :,--:'' ' qqg``;� �e ;;'.x � rt + "�'$?'y, y�rt e�wy,. X r xs r sx' '~T{tp", 'rac(dk�'iv .pz',i �unfC ® ' 9 ..,t� ��L'i' ,{TM, ;�,,stsx �,4 Caa 11�u�l3'� F`'P'-`� 4 " �. ',.,,,-,,,.-.y e" • FA'...�". /',4 9,� ^x ,r., k � � a # e `: .13 } + e t urn ,� ?t a t�h,� `Pri. 4 x .ai t.7. . r !t r -. ": "-iy ' O VA+. :ir. � a.- ,r ,- kRus y & c:a.,,* >le ��p9ei,si µp. 7 a 4 ' r..a. i r,— -s " �5 t o } M r 4i , r " 0 2C 2G 1 1C ../. ...-- CA ck\ K S \ 0 - ZONING CASE #2003- 12 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 #2003-12. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-12. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23, 2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: / i T f} Z M u nl (please print) Address: }C) lit) -W 75'0 9ci Signature: Date: Is - 6,3 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 v I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-12. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-12. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: �. 1 /l J o z. f (please print) I Address: 3 II 1)i II O k\ (i)Ono( �1 v\� ��`�i l __ 7_3-0 9 y Signature: ORT-- L J ) Date: - 13`- UU 3 COMMENTS: WYLIE CITY COUNCIL AGENDA ITEM NO. 4. September 23, 2003 Issue Consider and act upon Ordinance#2003-14,adopting new sign regulations,repealing Ordinance#2002- 27 and repealing all conflicting ordinances. Background Last August,the City Council adopted new sign regulations. Two issues were specifically discussed at the council meeting regarding the new regulations. The first issue involved the appeal process. A question arose whether the Board of Adjustment had final authority over sign variances or if someone had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue involved directional signs for residential subdivisions. The new ordinance only allowed for directional signs that were off-premise to be place in the public right-of-way. The proposed ordinance attempts to resolve the two issues above as well as several other issues that staff feels should be changed. The proposed changes are clearly shown in the attachment. New wording has redline markings in the left margins as well as grayed text. Wording that has been deleted from the previous ordinance is contained in a balloon in the right margin. The issue regarding the final authority of the Board of Adjustment over sign variances has been addressed in the proposed ordinance by appointing the Construction Code Board as the body that would hear sign variances in the future. The applicant has the right to appeal a variance request that has been denied by the Construction Code Board to the City Council. Utilizing the Construction Code Board for sign variances would clarify the internal workings of variances since the Building Official acts as the staff liaison to the Construction Board. In the past, sign variances have been handled by the Board of Adjustment who has the Planning Director assigned as staff liaison. Since the Planning Department is not involved in the sign ordinance—with the exception of variance requests,the proposed change would help to smooth out the process of sign regulations and variances by allowing the Building Inspections Department to handle all aspects of permitting as well as variance requests. Additionally, the change should help because of the different criteria involved with granting variances to sign regulations and zoning regulations. With zoning variances, a variance can only be granted if a hardship is proven. Hardship is not required to be proven when granting a sign variance. The second issue has been addressed by removing right-of-way signs altogether. No signs would be allowed within the public right-of-way. A new section has been added,Temporary Directional Signs that allows directional signs to be placed at key points within the City. Temporary Directional Signs would have to be approved by the City Council and would be limited by a two year time period. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation Approve the attached ordinance adopting new sign regulations. Attachments Copy of the new sign ordinance. Pre are Reviewed by Finance City M er Approval ORDINANCE NO. 2003-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SIGN REGULATIONS FOR THE CITY OF WYLIE; REPEALING WYLIE ORDINANCE NO. 2002-27; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas ("Wylie") should adopt Sign Regulations as an ordinance; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic hazards resulting from the signs' distractions and locations; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent nuisances and invitations to vandalism; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid obstructions to police and citizen views as a means of crime prevention; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid obstructions to emergency services; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a neat and orderly appearance throughout Wylie; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a gateway effect into commercial areas and neighboring residential areas; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a means of safely identifying a place of business and the services available on the premises without creating esthetic offenses and harm; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to support the Ordinance#2003-14 Sign Ord. Page 1 general welfare of the citizens and to maintain the historically small town atmosphere during a time of growth by providing for a means to communicate information related to the residential community, civic activities and government; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to insure a noncommercial atmosphere in residential areas; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain open spaces by setbacks; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create appropriate and orderly commercial and residential atmospheres; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain the privacy of the home and limit what an unwilling viewer must be exposed to relative to the enjoyment of the investment made in the home; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to enhance property values and psychological well-being for individuals and families; and WHEREAS, Wylie has complied with all notices and public hearings as required by law, 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: Repeal of Ordinance No. 2002-27 . Wylie Ordinance No. 2002-27 is hereby repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance No. 2002-27, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 2002-27. SECTION 3: Sign Regulations Established. This Ordinance shall apply within the corporate limits of Wylie. The sign regulations for Wylie are attached hereto as Exhibit "A" and incorporated as if fully set forth herein. SECTION 4: Penalty Provision: Any person, firm, corporation or business entity violating this Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and Ordinance#2003-14 Sign Ord. Page 2 upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 6: 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 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 23rd day of September, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication: 9-30-03 Ordinance#2003-14 Sign Ord. Page 3 SIGN REGULATIONS 1. Intent 1 2. Definitions 2 3. Administration 7 A. Permits 7 B. Applications 7 C. Work Started Without a Permit 7 D. Permit Revocable 8 E. Nonconforming Existing Skins 8 F. Inspection 8 G. Removal of Obsolete Signs 8 H. Removal or Repair of Dilapidated or Deteriorated Skins 8 I. Removal of Illegally Erected Signs 9 J. Removal Expenses 9 K. Variances 9 4. PROHIBITED SIGNS 11 A. Skins Imitating Traffic or Emergency Signs 11 B. Portable Signs 11 C. Signs Violating other Laws or Ordinances 11 D. Signs Attached to Trees or Utility Poles 11 E. Signs on Sidewalks,Curbs,Gutters or Streets 11 F. Moving, Flashing, Revolving or Color Changing Signs 11 G. Pole Signs 11 H. Off-Premise Signs 11 I. Signs Attached to or Painted on a Fence,Wall or Railing 11 "ATTACHMENT A" J. Skins Causing a Nuisance or Hazard Because of Illumination 11 K. Signs Advertising the Sale of a Vehicle 11 L. Signs Attached to a Vehicle 12 5. EXEMPT SIGNS 13 A. Nameplates 13 B. Building Identification/Memorial 13 C. Traffic 13 D. Signs Inside a Building 13 E. Changeable Copy 13 F. Movement Control Signs 13 G. Protective Signs 13 H. Government Signs 14 I. Holiday Lights and Decorations 14 J. Non-Illuminated Political Signs 14 K. Special Event or Public Announcement Signs 14 L. Garage Sale Signs 15 M. Home Improvement Signs 15 N. Temporary Religious Signs 16 O. Yard Signs 16 P. Zoning Signs. 16 Q. Signs Held by Pedestrians 16 6. GENERAL SIGN REGULATIONS 17 A. Flags 17 B. Obscenity 17 C. Obsolete Signs 17 D. Maintenance of Signs 17 E. Wind Pressure and Dead Load Requirements 17 F. Obstructing Doors,Windows,or Fire Escapes 18 G. Placement of Advertising Matter 18 H. Signs Prohibited On or Over Public Property 18 I. Illumination of Signs 18 J. Searchlights 19 7. Attached Sign Regulations 20 A. Wall Signs 20 3. Maximum Sign Area 20 B. Secondary Attached Signs 20 C. Illumination of Attached Signs 21 D. Window Signs 21 E. Awning Signs 21 F. Proiecting Signs 21 G. Canopy Sign 22 8. Monument Sign Regulations 23 A. Properties with Multiple Tenants 23 B. Properties with Single Tenants 23 C. Gasoline Pricing Signs 24 D. Material Regulations 24 E. Illumination 24 F. Model Home Signs 24 9. Other types of Signs 26 A. Menu Board Signs 26 B. Subdivision Entry Signs 26 C. Directory Signs 26 D. Institutional Signs 27 10. Temporary Sign Regulations 28 A. Development Skins 28 B. Real Estate Sign 28 C. Promotional Signage 29 11. TEMPORARY DIRECTIONAL SIGNS 30 SIGN REGULATIONS 1. INTENT A. Signs are an important component of the urban built environment, providing important information, and directions to community residents and visitors. However: 1. The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the City's transportation network;and 2. Unless the location, number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and 3. The proliferation of signs in the City has an adverse affect on adjacent property values; and 4. The orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City. B. Therefore it is the intent of these regulations: 1. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; 2. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; 3. To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; 4. To enhance the image of the City which is conveyed to tourists and visitors by controlling the location, number,and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and 6. To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight. CITY OF WYLIE SIGN REGULATIONS Page 1 2. DEFINITIONS Alter means to change the size, shape or outline, or type of sign or to change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel. Attach means to stick,tack, nail or otherwise affix a sign to any object;to paint, stencil, write, or otherwise mark on an object. Awning means an architectural projection that provides weather protection, identity and decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials, and may be illuminated. Building means a structure which has a roof supported by columns, wall or air for the shelter,support, or enclosure of persons,animal or chattel. Building Official means the building official for the City of Wylie or his/her designee. Canopy means a roof-like structure which shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: A. Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off,or missing, or otherwise not in harmony with the rest of the surface;or B. Where the structural support or frame or sign panels are visibly bent, broken, dented, or torn as to constitute an unsightly, hazardous or harmful condition; or _ C. Where the sign, or its elements, are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support);or D. Where the message or wording can no longer be clearly read by a person under normal viewing conditions; or E. Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message which is used as a symbol or to signal or attract attention. CITY OF WYLIE SIGN REGULATIONS Page 2 Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide night time viewing of, the subject matter on the sign face. Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to bum or glow at that temperature. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind. Premises means a lot or unplatted tract, or a combination of contiguous lots and/or unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under single ownership and is reflected in the plat record of the City. Public Right-of-Way means a dedicated road or street including the easement for that road or street. Roof means any exterior surface of a structure that has a slope of less than 60 degrees and shall also include the top most portion of any structure. Searchlight means an apparatus capable of projecting a beam or beams of light in excess of 1 million peak candlepower. Sight Visibility Triangle means where one street intersects with another,the triangular area formed by extending two (2) curb lines a distance of forty-five (45) feet from their point of intersection, and connecting these points with an imaginary line,thereby making a triangle. If there are no curbs existing, the triangular- area shall be formed by `"°" extending the property lines a distance of thirty (30) feet from their point of intersection and connecting these points with an imaginary line thereby making a triangle. Where a street intersects with an alley or driveway, the "sight visibility triangle" is the triangular area formed by measuring eight(8)feet to a point along the property lines and adjoining said points to form the hypotenuse of the triangle. Sign means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque, or poster visible from outside the lot on which it is located and designed to inform or attract the attention of persons not on that lot. Sign area means the actual area of a face of the sign, unless the sign is not of a regular (square, rectangle, triangle, circle) shape. In the case of an irregularly-shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area." In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign, Attached means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which CITY OF WYLIE SIGN REGULATIONS Page 3 encloses or covers usable space. Neon tubing attached directly to a wall surface shall be considered a "wall sign" when forming a border for the subject matter, or when directing attention to the subject matter or when forming letters, logos, or pictorial designs. Sign, Banner means a temporary sign composed of cloth, plastic, paper, canvas or other light fabric. Sign, Changeable Message means a sign whose face is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of the sign or changed by electronic means. Sign, Development means a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that development, but shall not include a subdivision marketing sign. Sign, Directional means any on-site sign to direct the public to entrances, exits and services located on the property on which the sign is located. Sign, Directory means any sign listing occupants within shopping centers, industrial sites, retail districts, office districts and commercial sites. Sign, Garage sale means any temporary, on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Sign, Home Improvement means any temporary, on-site sign that displays the name of a roofing,fence, pool painting, landscape or other home improvement contractor. Sign, Incidental means any sign containing information incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and — parking information. Sign,Inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign, Menu Board means a permanent on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as being a builder's or contractor's model open to the public for inspection. Sign, Movement Control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign. Movement Control Signs shall not advertise or otherwise draw attention to the premises, an individual, business, commodity,service, activity or product. Sign, Municipally-Owned means any sign that identifies a park, entrance to the City, place of interest within the City, any City sponsored event or any municipally-owned facility and is erected by or at the direction of a City official. A municipally-owned sign does not include traffic or street identification signs. • CITY OF WYLIE SIGN REGULATIONS Page 4 Sign, Monument means any detached sign made from masonry, concrete materials, wood or plastic provided that a masonry or metal base is incorporated into the sign,with no separation between the base of the sign and grade. Sign,Obsolete means any sign that no longer serves a bona fide use or purpose. Sign, Off-Premise means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the lot on which the sign is located. Sign, Pole means any sign erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. Sign, Political means a temporary sign relating to the election of a person to public office, relating to a political party, or relating to a matter or measure to be voted on at an election called by a public body. Sign,Portable means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another and is not a vehicular sign. Sign, Projecting means any sign which is attached to and supported by a building and which projects outward from the building and contains lettering or graphics which convey a message. Sign, Promotional means any type of temporary sign used for special promotions including, but not limited to, grand openings, anniversary celebrations, sales, and other such events. Promotional signs include, but are not limited to, banners, pennants, streamers, balloons,flags, bunting, inflatable signs and other similar signs. Sign, Protective means signs that identify or warn of any security devices located on the premises, including guard dogs. Sign, Reader board means any sign comprised of changeable letters that allows a - change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this Ordinance. Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign. Secondary means a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building, but that does not project above the highest point of the building. Sign,Subdivision means a sign that identifies the name of the subdivision only. Sign, Temporary Religious means a sign that advertises the name of and provides direction to a religious organization or group that is temporarily operating in a school or other facility. Sign, Window means any sign, banner, poster or display located on the internal or external surface of the window of any establishment for the purpose of advertising services, products or sales available within such establishment or which announces the I opening of such establishment. CITY OF WYLIE SIGN REGULATIONS Page 5 Sign, Yard mean any sign that publicizes the arrival of a newborn, a birthday, a personal special event or the participation of a family member in a school activity or sport. Yard skins shall also include signs that advertise the presence of a home security system. Sign Support means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch (1") in height, nor is internally or decoratively illuminated. Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs being transported to a site for permanent erection. Sign, Zoning means any sign erected by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. Sign Setback means the horizontal distance between a sign and the front or side property line, as measured from that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane projecting vertically from the front or side property line. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning District, Non-Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as NS,CR, BP, CC, I, PD, FP, DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF- 8.5/17,TH/15, MF, MH. CITY OF WYLIE SIGN REGULATIONS Page 6 3. ADMINISTRATION The provisions of this Ordinance shall be administered by the Building Official. A. Permits 1. No sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this Ordinance until a permit for such has been issued by the City of Wylie and the fee paid, except as otherwise provided in this Ordinance. Permit fees are contained in Appendix A of the Code of Ordinances. 2. A permit for a sign, shall expire if the work is not commenced within ninety (90)days from the date of such permit. 3. Electrical permit: Where signs contain electrical wiring and connections, an electrical permit must also be obtained in addition to the permit for the sign. No sign shall be erected in violation of the City's electrical code. 4. Not to Issue to Persons Previously Failing to Pay Fees: The City shall not issue a permit under the provisions of this Ordinance to any person, business, entity, organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Ordinance. 5. Easements: No sign shall be located in any easement other than a landscape easement. B. Applications All applications for permits shall include each of the following: 1. A completed permit application. 2. A drawing of the proposed sign and all existing signs maintained on the lot and visible from the right-of-way. 3. A drawing of the lot plan or building facade indicating the proposed location of the sign, and specifications. C. Work Started Without a Permit No sign requiring a permit may be erected or installed without first having a permit. If any work fo1 which a permit is required by this Ordinance has been commenced without first obtaining a permit the following shall apply: 1. Investigation. A special investigation to determine compliance shall be made before a permit may be issued for the work. 2. Investigation Fee. In addition to the permit fee, an investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this City. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Ordinance nor from any other penalty prescribed by law. • CITY OF WYLIE SIGN REGULATIONS Page 7 D. Permit Revocable 1. The City may suspend or revoke any permit issued under the provisions of this Ordinance whenever it shall be determined that the permit is issued: a. in error; or b. on the basis of incorrect or false information supplied; or c. in violation of any of the provisions of this Ordinance; or d. in violation any other Ordinance of this City or laws of this State or the Federal government. 2. The suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the sign owner, or to the property owner upon who's property the sign is located. 3. Any signs installed or existing under a revoked permit shall be removed by the permit holder, sign owner, or property owner within ten (10) days of written notice of the revocation. E. Nonconforming Existing Signs Any nonconforming sign and its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent(60%) of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. Temporary permits granted prior to the passage of this Ordinance --- Deleted:Every sign lawfully in shall be renewed only if the applicant complies with all provisions of this existence on the date of passage of this Ordinance may be repaired Ordinance. without applying for a permit hereunder,but no such sign or sign F. Inspection facing shall be altered or moved The Citymayinspect annually, or at such other times as he deems necessary, unless a permit be issued pursuant to y the provisions of this Ordinance.In each sign regulated by this Ordinance for the purpose of ascertaining whether the case where a sign facing is being the same complies with provisions of this Ordinance, is secure or insecure t replaced for the same business,a + l permit is not required. whether it still serves a useful purpose, and whether it is in need of removal or repair. G. Removal of Obsolete Signs Any sign which the City determines no longer serves a bona fide use or does not conform to this Ordinance shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which the sign is located within ten (10)days after written notification to do so from the City. H. Removal or Repair of Dilapidated or Deteriorated Signs If the City shall determine that any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, he shall give written notice to the person or persons responsible for the sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten (10) days after the notice. The City may remove or have removed, without CITY OF WYLIE SIGN REGULATIONS Page 8 notice, and assess the owner for the costs, any sign which is an immediate peril to persons or property. Removal of Illegally Erected Signs Any temporary sign that is erected,constructed or otherwise displayed,which the City determines to be in violation of this Ordinance, may be removed by City personnel. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of the time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the property on which the sign is located within a reasonable time period as determined by the City. Upon failure to comply with the notice or to file an appeal of the decision in accordance with this Ordinance, the City is authorized to cause the removal of the sign and assess the permit holder, owner of the sign and/or owner of the property for the costs of removal. J. Removal Expenses Any sign required to be removed by the City, shall be*removed by the permit holder, sign owner, or property owner within ten (10) days after written notification to do so. Upon failure to comply with the notice,the City is may enter upon the property upon which the sign is located, and to cause the removal of the sign.The owner of the land, building or structure to which the sign is attached and upon which it is erected and the owner of the sign and the holder of the sign permit are jointly and severally liable for any expense incident to removal. K. Variances ;Deleted:Appeals 1. Variances to the provisions of this Ordinance shall be heard by the _.-;Deleted:Appeals _ .Construction Code Board. A simple majority vote of the board in favor of the ;Deleted:zoning Board of variance will be required to approve any variance request. Jn order to Adjustment approve a request for a variance, the Construction Code Board shall '''"I Deleted:No proof of hardship is determine that the request meets three(3)of the following four(4)criteria: €requited in order for the zoning Board •of Adjustment to grant any variance. If considering a variance request,the a. The proposed sign shall not adversely impact the adjacent Property Zoning Board of Adjustment shall also comply with the following (visibility, size, location, etc.); b. The proposed siqn does not conflict with the spirit of this Ordinance, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the City and protection of property values; c. The variance is needed due to restricted area, shape, topography or physical features that are unique to the property on which the proposed sign would be located; d. The proposed sign is of a unique design or configuration. • CITY OF WYLIE SIGN REGULATIONS Page 9 2. Should the Construction Code Board deny a request for a variance, the applicant may appeal the request to the City Council, provided that, such appeal is made within thirty (30) days of the date the Construction Code Board denied the variance. A vote of three-fourths (3/4) of the full membership of the City Council is required to approve the appeal. The decision of the City Council is final. a. A variance from this Ordinance is valid only if a permit is secured within 1 consider Deteked:t..criteri Thea Boardforgrantin shall as g a ninety(90)days from the date of the Board's or the Council's decision. i variance such factors as the type of sign,the location,existence of signs 4. Each applicant shall pay a fee of one-hundred fifty dollars ($150.00) before in the general area,and such other factors as they deem pertinent.¶ the Construction Code Board shall hear any variance request. 2._No variance shall be granted by the Board if the same conflicts with Exception: No variance fee shall be required for any variance f the spirit of this Ordinance,which is requested by any applicant that the Building Official determines to be a I one of providing public safety, adequate lighting provisions,open bonafide non-profit organization. I space and air,conservation of land, I protection of property values,and 5. All variance requests shall be made to the Building Official. I encouraging the highest and best use of the land.¶ 3._In considering the request for variation to regulations of this Ordinance,the Zoning Board of Adjustment shall consider,but not be limited to,¶ a..the degree of variance,¶ b._the reason for variance requested,1 c._the location of the variance request,¶ d..the duration of the requested variance,¶ e.-the effect on pubic safety,¶ f..the protection of neighborhood i Property,¶ g.-the degree of property hardship or injustice involved,and¶ h.-the effect of the variance on the j stated purposes for regulating signs !I with the City.¶ 4.-The decision of the Zoning Board ';1 of Adjustment shall be final.¶ 5 Formatted:Centered • CITY OF WYLIE SIGN REGULATIONS Page 10 4. PROHIBITED SIGNS Any sign which is not specifically permitted by this Ordinance shall be prohibited. The following types of signs are expressly prohibited within the City of Wylie: A. Signs Imitating Traffic or Emergency Signs Signs may not contain any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs,or signals. B. Portable Signs Portable signs unless specifically allowed by this ordinance (see Section 4. E.). C. Signs Violating other Laws or Ordinances Signs erected in violation of any ordinance adopted by the City of Wylie or any state or federal law. (e.g. traffic visibility requirements, zoning, building code, or electrical code). D. Signs Attached to Trees or Utility Poles Signs attached to, painted or maintained upon any tree or public utility pole or public utility structure. E. Signs on Sidewalks,Curbs,Gutters or Streets Signs attached to or painted on any sidewalk, curb, gutter, or street (except street address numbers). F. Moving, Flashing, Revolving or Color Changing Signs Signs that move, flash light intermittently, change color or revolve, unless specifically allowed in this Ordinance. G. Pole Signs Pole signs and flag poles unless specifically allowed by this Ordinance (see Sections 4.A. and 8.). H. Off-Premise Signs Off-Premise signs (except for signs allowed under Sections 3. F. 11. and 9.). I. Signs Attached to or Painted on a Fence,Wall or Railing Signs attached to or painted on the outside of a fence, wall or railing (except for signs allowed under Section 3. F. 1.). Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed 1%square feet. J. Signs Causing a Nuisance or Hazard Because of Illumination Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. K. Signs Advertising the Sale of a Vehicle Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way. Vehicles legally parked at one location, with for CITY OF WYLIE SIGN REGULATIONS Page 11 sale signs visible from the right-of-way for two (2) hours or more, shall be prima facie evidence of non-compliance with this Section. Exception: A maximum of two (2)vehicles may be parked at the vehicle owner's residence, or on the street adjacent to the residence advertising, the sale of the vehicles provided that the vehicles are registered to the person residing at the residence. L. Signs Attached to a Vehicle Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. CITY OF WYLIE SIGN REGULATIONS Page 12 5. EXEMPT SIGNS A permit shall not be required for the following signs, provided however, such signs shall otherwise comply with all other applicable sections of this Ordinance. A. Nameplates Nameplates, or signs reflecting the name of a building or structure (i.e., a fence) or the name of the company that built or designed the building or structure, not exceeding one square foot in area. B. Building Identification/Memorial Memorial signs or tablets, names of buildings and date of erection,when cut into any masonry surface or when constructed of bronze or other incombustible materials. C. Traffic Traffic or street signs, legal notices, railroad crossing signs, danger, and emergency, temporary or non-advertising signs as may be approved by the City Council or the City Manager or his authorized representative. D. Signs Inside a Building Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code. E. Changeable Copy Copy change only for previously permitted signs designed to provide a changeable copy area. F. Movement Control Signs Movement Control Signs may be erected at any occupancy or any lot, other than single family or duplex premises, may be attached or detached and may be erected without limits as to number; provided that such signs shall comply with all other applicable regulations of this Ordinance. Movement Control Signs shall be premise signs only. The occupant of a premise who erects a Movement Control Sign shall comply with the following regulations: 1. Each sign must not exceed five(5) square feet in effective area. 2. If a sign is an atfached sign, as defined, the words must not exceed six inches (6') in height. 3. Each sign must convey a bona fide message which directs vehicular or pedestrian movement within or onto the lot on which the sign is located. G. Protective Signs The occupant of a premise may erect a maximum of two (2) Protective Signs, in accordance with the following regulations: 1. Each sign must not exceed six(6)square feet in effective area. 2. Detached signs must not exceed three feet(3) in height. CITY OF WYLIE SIGN REGULATIONS Page 13 H. Government Signs Flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. Holiday Lights and Decorations Temporary lights and holiday decorations displayed ninety (90) days or less shall be exempt from the terms of this ordinance. J. Non-Illuminated Political Signs 1. With the permission of the property owner or tenant, non-illuminated political signs may be erected in any zoning district with no limitation as to their number. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure- but no closer than three feet(3)from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10) from the edge of the street. 2. Political Signs that are located on developed residential property or in a developed subdivision zoned Residential shall not exceed nine (9) square feet in effective area per side. 3. Signs erected on property zoned Non-Residential or undeveloped residentially zoned property shall not exceed thirty-two (32) square feet in effective area per side. 4. Political Signs shall not exceed six feet(6) in height. 5. Political Signs shall not be placed within the public right-of-way (except as allowed in Section 9). 6. The candidate, his campaign treasurer or assistant campaign treasurer or the campaign treasurer of a political committee shall be responsible for the erection and removal of the Political Signs or advertisements and for compliance with the provisions of this Ordinance and the laws of the State of Texas. 7. Political Signs shall not be affixed to utility poles or official signs (e.g. street signs or speed limit signs). 8. Political Signs shall not be erected earlier than thirty (30) days prior to the election that the sign pertains and must be removed within fourteen (14) days after the election. K. Special Event or Public Announcement Signs Signs providing public information concerning special events, bazaars, rallies, or other similar activities sponsored by non-profit organizations including charitable, religious, philanthropic, educational, or civic institutions with the following regulations: CITY OF WYLIE SIGN REGULATIONS Page 14 1. Signs must be located on private property and the organization must have permission from the property owner to place the sign on their property. (Signs of this type can be off-premise signs and are exempt from Section 4 (h)). 2. The maximum sign area is thirty-two(32)square feet. 3. The maximum height is six feet(6'). 4. A maximum of six (6) off-premise signs in the City advertising the non-profit organization function. 5. The advertised function must occur within the corporate limits of the City of Wylie, its ETJ, or an adjacent municipality and be sponsored by a non-profit organization located within the City of Wylie. 6. Signs shall not be located on a residential premise. L. Garage Sale Signs 1. Garage sale signs shall not be erected earlier than noon the Thursday before the sale and must be removed no later than 6:00 p.m. the Sunday following the sale. 2. Garage sale skins shall be located only on private property with the consent of the property owner. 3. On lots where a sidewalk exists within the street right-of-way, skins shall be located between the sidewalk and the structure - but no-closer than three feet (3) from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10') from the edge of the street. 4. Garage sale signs shall not exceed six(6) square-feet in area. M. Home Improvement Signs 1. Home improvement skins may be erected that display the name of a roofing, fence, pool, landscape or other home improvement contractor. 2. A home improvement sign is allowed only on the lot on which the improvement is occurring. 3. On lots where a sidewalk exists within the street right-of-way, skins shall be located between the sidewalk and the structure - but no closer than three feet (3) from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the skin shall be located at least ten feet (10') from the edge of the street. 4. The home improvement sign must be removed thirty (30) days after it is erected or upon the completion of the work,whichever occurs first. 5. Home improvement skins shall not exceed six(6)square feet in area. 6. A maximum of one home improvement sign shall be allowed on the lot at any one time. • CITY OF WYLIE SIGN REGULATIONS Page 15 N. Temporary Religious Signs 1. Temporary religious skins may be erected during times of worship provided the sign is placed no earlier than two (2) hours prior to worship and is removed no later than two(2) hours after worship. 2. Signs shall be located only on private property with the consent of the property owner. 3. On lots where a sidewalk exists within the street right-of-way, skins shall be located between the sidewalk and the structure - but no closer than three feet (3) from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10) from the edge of the street. 4. Signs shall not exceed six(6)square feet in area. O. Yard Skins 1. Skins shall be located only on lots containing an occupied single-family,two- family or multi-family dwelling. 2. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10') from the edge of the street. 3. Signs shall not exceed six (6) square feet in area for all signs other than home security skins which shall not exceed one(1)square foot in area. P. Zoning Signs 1. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10) from the edge of the street. 2. Signs shall not exceed six(6)square feet in area. Q. Signs Held by Pedestrians 1. Any sign held or carried by a person that is6+ located on the property where the event or activity that the sign advertises occurs. • CITY OF WYLIE SIGN REGULATIONS Page 16 6. GENERAL SIGN REGULATIONS A. Flags All flags shall conform to the following regulations: 1. Nothing in this Ordinance shall be construed to prevent the display of the United States,Texas, County or Wylie flag. No permit or permit fee is required. 2. Businesses may erect one corporate flag and flag pole, per location,for a bona fide company or corporate office located within the City of Wylie. A sign permit and permit fee is required. a. Setback Requirements-Flag poles must be located at least 15 feet from any property line. b. Maximum Height i. Residential-Twenty-five feet(25') ii. Commercial-Thirty-five feet(35) 3. No flag or flag pole may be located within any easement. B. Obscenity No person shall display on any sign any obscene or indecent matter as defined by the Texas Penal Code, or any matter soliciting or promoting unlawful conduct. Any sign which does contain any obscene indecent or immoral matter must be removed or the obscene, indecent or immoral matter must be removed within twenty-four (24) hours of notice. The owner or person in control of the property on which the sign is located shall be responsible for compliance with this Section. C. Obsolete Signs All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after overpainting. The owner of the property on which the sign is located shall be responsible to remove the sign within thirty(30) days of obsolescence. D. Maintenance of Signs, All signs shall be maintained in good condition. Signs which are damaged in any way, rusty or have peeling paint do not meet minimum maintenance criteria and shall be brought into compliance, or the sign must be removed, no later than the tenth (10th)day after written notice of such violation is sent to the property owner via certified mail. The owner of the property on which the sign is located shall be responsible for compliance with this subsection. E. Wind Pressure and Dead Load Requirements All signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area, and shall be constructed to receive dead loads as required by the building code of the City of Wylie. CITY OF WYLIE SIGN REGULATIONS Page 17 F. Obstructing Doors,Windows,or Fire Escapes It shall be unlawful to erect, relocate, or maintain a sign in any manner that prevents free ingress to or egress from any door, window or fire escape, or to attach any sign to a standpipe or fire escape. G. Placement of Advertising Matter 1. No person shall place on or suspend from any building, light fixture, pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this Ordinance, except as otherwise allowed by this Ordinance or another ordinance. 2. No person, firm, corporation or association of persons shall paste, stick, tack, nail or otherwise place any advertisement, handbill, placard, printed, pictured or written matter or thing for political advertising or other advertising purposes upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon or to knowingly cause or to permit the same to be done for his benefit. 3. It shall be unlawful for any person to scatter or throw any handbills, circulars, cards, tear sheets or any other advertising device of any description, along or upon any street or sidewalk in the City of Wylie. H. Signs Prohibited On or Over Public Property No portion of any sign shall be erected on or over public property, or in the right- of-way of any thoroughfare within the City, unless the same is erected by the City, or with the permission of the City for public purposes, except for Projecting Signs in the Downtown Historic District meeting regulations in Section 5. E. Illumination of Signs 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. 2. Moving, flashing, changing color, beacons, revolving or similarly constructed signs shall not be allowed, except for electronic signs showing time and temperature. 3. Sign illumination niay only alternate on and off at a rate equal to or less than twice an hour, excluding time and temperature signs. 4. A sign in a residential district, where allowed by this Ordinance, may be illuminated. Any illumination shall be located so as not to produce intense glare or direct illumination across the bounding property line. Internal illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. CITY OF WYLIE SIGN REGULATIONS Page 18 J. Searchlights Searchlights may be permitted in accordance with any applicable regulations. A permit for use of an advertising searchlight may be granted under the following additional regulations: 1. A searchlight shall be located a minimum distance of 50 feet from a public right-of-way and positioned so as to project all beams at a minimum angle of 30 degrees from grade level. 2. The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foot candlepower. No more than four beams of light may be projected from any premises. 3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the rights-of-way or adjoining property, and no light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle, or to create greater than 0.5 foot candles at 4 feet height at the property line. 4. No advertising searchlight may be operated between the hours of 11:00 p.m. and 7:00 a.m. 5. No advertising searchlight may be operated on a premises for more than seven consecutive days. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six months preceding the date of the permit application. CITY OF WYLIE SIGN REGULATIONS Page 19 7. ATTACHED SIGN REGULATIONS Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance. A. Wall Skins 1. Where Allowed. Wall skins shall be limited to buildings located in a non- residential zoning district or to churches, apartments,schools and other non- residential uses, with the exception of model homes, located within a residentially zoned district. 2. Installation Requirements. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than twelve inches (12') from that surface, except for Projecting ,signs as allowed in Sections 7. E. Wall signs shall not extend above the {Deleted:and Marquee wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs, but only as Promotional Signs as allowed in Section 10 C. 3. Maximum Sign Area • a. Wall signs shall not exceed the following area schedules: Deleted:Attached fl. An attached sign located at a height of thirty-six feet(36) or less is limited to 1 square feet of sign area for each lineal foot of tDeleted:0.75 building frontage for a single tenant building, or lease space frontage in a multiple tenant building, not to exceed three hundred 450 square feet. ;Deleted:300 21. An attached sign located above a height of thirty-six feet (36) shall be permitted an increase in maximum effective area. Such increases shall not exceed four (4) square feet in effective area for each additional one foot (1) of height above thirty-six feet (36') measured from the base of the sign. Signs may be increased hereunder to a maximum size of four hundred (600) .- i Deleted:400 square feet. ,(3_1. Attached signs may be located on any facade except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district. The sum of the effective area of all attached signs shall not exceed the allowable effective area specified in paragraphs a. or b. above, whichever paragraph is applicable. Skins on a single facade shall exceed the sign area allowed in paragraph (1). above. B. Secondary Attached Skins One secondary roof sign shall be allowed for each building. The size of the secondary roof sign shall be limited by the maximum size allowed in paragraph CITY OF WYLIE SIGN REGULATIONS Page 20 I A. above. The size of all wall signs shall be added to the size of the secondary roof sign to determine the total amount of sign area. C. Illumination of Attached Signs Attached Signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. D. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations. 1. Window Signs must not obscure more than 25 percent of the window area per facade. 2. The sign area shall be measured by drawing a rectangular or square box around the sign elements, then multiplying the height by the width. For signs whose shape is irregular, the box must enclose all elements of the sign. 3. No illuminated Window Signs shall be allowed within two feet of the window Dekted:E..Projecting S!gnsi surface,except for open/closed signs. Projecting Signs means any sign, , except an Awning,which projects E. Awning Signs Ii perpendicularly from a building and which has one end attached to a Awning Sign means any awning displaying a business name or logo. Awning building or other permanent structure. Projecting Signs must meet the Signs must meet the following regulations. : following regulations.¶ 1._Allowed only in the Downtown 1. An Awning may extend the full length of the wall of the building to which it is i Historic District(DTH)q attached and shall be no more than six feet in height and shall not be placed ' 12._The maximum sign area for a r Projecting Sign is 4 square feet per less than 8 feet above the sidewalk. l sign face.Projecting Signs may not i project more than 3 feet,measured 2. Artwork or copy on Awning Signs shall be limited to a business name and/or i I from the building face and shall nct logo. I be closer than two feet from the back i of the curb line.11 3. The artwork or copy for an Awning Sign shall not exceed 20 percent of the I m3._The at he least the Projectingtbo Sion must be at 12 feet above the area of the Awning and shall extend for no more than 60 percent of the : i sidewalk n length of the Awning. !4.-Projecting Signs shall be j compatible in design,shape,and E. material with the architectural and Proiectinq Signs • I historic character of the building ttwy project from.¶ 1. Signs,shall be constructed of noncombustible material. I F 2. Signs shall be limited to 50 percent of the area of the vertical surface of i Deleted:Marquee Sign means any permanent structure which is each face of the marquee. I attached to and supported by a building and which projects outward 3. Signs shall not protect more than three feet(31 measured from the building I from the building and contains face and shall not be closer than two feet(2')from the back of the curb line. lettering or graphics which convey a I message.Marquee Signs must meet 4. Signs shall be at least 8 feet above the sidewalk. I the Marqufollowiee sigula are al¶ •� 11..Marquee signs allowed only xi ••• i the Downtown Historic District(DTH).q 5. Signs may be illuminated. 2 ` 6. Signs shall be compatible in design, shape, and material with the % Dekted:shall be built as an integral part d the marquee and J architectural and historic character of the building. '` Deleted:The marquee onwhich 7. Signs shall not exceed sixteen (16)square feet per sign face. Marquee Signs are attached shall not have a vertical height of more than six Ifeet nor exceed 75 percent of the I width of the building or store frontage CITY OF WYLIE SIGN REGULATIONS Page 21 G. Canopy Sign Canopy Sign means any canopy displaying a business name or logo. Canopy Signs must meet the following regulations. 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25)square feet,whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. CITY OF WYLIE SIGN REGULATIONS Page 22 8. MONUMENT SIGN REGULATIONS All Monument Signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign. Sculpted aluminum sign panels will be allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs. Additional monument sign regulations are as follows: A. Properties with Multiple Tenants Shopping centers and office buildings with multiple tenants are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size-150 square feet 2. Maximum height- 10 feet measured from grade. 3. Setbacks a. 15 feet from street right-of-way. b. jfeet from property lines other than those property lines fronting the • Deleted:40 street right-of-way. c. 250 feet from any other Monument Sign on the same property, measured along the right-of-way. 4. Changeable Message Signs. Monument Signs may include a maximum area of thirty-two(32)square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shell not blink, flash,scroll or change more than once per hour with the exception of signs that only display the time and temperature. B. Properties with Single Tenants Businesses located on individually platted land including individual pad sites within a shopping center, apartments, schools, model homes and other non- residential uses located on residentially zoned property are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size-90 square feet 2. Maximum height- 10 feet 3. Setbacks a. 15 feet from street right-of-way. {i eIeted:40 b. 5 feet from property lines other than those property lines fronting the �— street right-of-way. c. 250 feet from any other monument sign on the same property, measured along the right-of-way. 4. Changeable Message Signs. Signs may include a maximum area of thirty- two(32)square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink,flash,scroll or CITY OF WYLIE SIGN REGULATIONS Page 23 change more than once per hour with the exception of signs that only display the time and temperature. C. Gasoline Pricing Signs 1. Gasoline Pricing Signs reflecting the price of gasoline available for purchase on the premises must be a Monument Sign. 2. The Gasoline Pricing Sign must be integral to the permitted sign for the site, subject to the following limitations: a. The pricing display may not scroll,flash, or change more frequently than once a day. b. The pricing display may not exceed two-thirds of the gross sign area per sign face. c. Only one pricing display is allowed per site. d. Internal illumination may be used for the pricing display only. 3. Maximum size—90 square feet 4. Maximum height—10 feet 5. Setbacks a. 15 feet from street right-of-way. b. 5 feet from property lines other than those property lines fronting the Deleted:40 street right-of-way. D. Material Regulations All Monument Sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick. The Sign Support must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum or plastic sign panels will be allowed.All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure. E. Illumination Monument Signs shall be illuminated by a ground lighting source where the light itself and supporting structure are screened from public right-of-way, except, signs with sculpted aluminum panels, cut-out letters, or other type of raised lettering may be back lit using internal lighting. F. Model Home Signs Model Home Signs are subject to the following regulations: 1. Model Home Signs require a permit and may be erected in residential zoning districts on the same lot as the model home. 2. Each builder in a subdivision may have one Model Home Sign for each model home and the permit for each sign shall be granted for a period of time to coincide with the validity of the model home's certificate of occupancy. CITY OF WYLIE SIGN REGULATIONS Page 24 3. Model Home Signs shall be Ground or Monument Signs. 4. The maximum height of a Model Home Sign shall not exceed four(4)feet from the grade. 5. The maximum area of the sign face shall not exceed eight(8) square feet. 6. Required setback shall be fifty percent(50%)of the distance between the front property line and the building, but no less than ten feet from the front property line. • CITY OF WYLIE SIGN REGULATIONS Page 25 9. OTHER TYPES OF SIGNS This Section provides standards for specific types of permanent signs permitted by this Ordinance. A. Menu Board Signs Menu Board Signs must meet the following regulations: 1. Menu Board Signs may be Attached or Monument Signs. 2. The maximum height is six(6)feet. 3. The maximum sign area is twenty-four (24) square feet. Only one sign face is allowed per sign. 4. All Menu Board Signs shall be located at the side or rear of the principal building. If two signs are erected they must be at least,welve feet (12') . -- Deleted:eighteen apart. 5. Internal illumination may be utilized for the sign panel. 6. Any sign must be located at least fifteen feet(15)from any property line. B. Subdivision Entry Signs Subdivision Entry Sign means any permanent on-site sign identifying a subdivision located in a residential zoning district. Subdivision Entry Signs must meet the following regulations. 1. Subdivision Entry Signs may be attached to a wall at the subdivision entrance or on a Monument Sign. 2. Attached Signs may not project above the top of the wall on which they are attached. 3. The maximum sign area is thirty-two (32) square feet for Attached Signs. 4. Only one Monument Sign or two attached signs may be placed at each subdivision entrance. A Monument Sign may have the subdivision name on both sides. 5. Monument Signs may be located in the median at the street entrance if approved by the City in an approved plat,within a developer's agreement, or by separate application. C. Directory Signs Directory sign means a permanent on-site sign identifying the buildings in the development or providing information on their location. Directory signs must meet the following regulations. 1. Directory Signs may be either Attached or Monument Signs. 2. Directory Signs must be located a safe distance from the entry drive and the public right-of-way as determined by the City's engineer. 3. Only one Directory Sign is allowed per street entrance. CITY OF WYLIE SIGN REGULATIONS Page 26 D. Institutional Signs Institutional Sign means a permanent on-site sign used to identify governmental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. Institutional Signs must meet the following regulations. 1. Institutional Signs may be Attached and/or Monument Signs. 2. Institutional Signs may include a reader board, subject to the following limitations: a. Reader board must be integral to the permitted sign for the site; b. Messages on the reader board, whether electronic or manual, may not scroll,flash, or change more frequently than once a day, c. Manual reader boards using movable lettering must have a lockable covering; d. The reader board display cannot exceed two-thirds of the gross sign area per sign face, excluding a Monument Sign border. e. Internal illumination may be utilized for the reader board sign panel. • CITY OF WYLIE SIGN REGULATIONS Page 27 10. TEMPORARY SIGN REGULATIONS A. Development Signs Development Signs are allowed subject to the following regulations: 1. Development Signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts 2. Development Signs must be related only to the property on which they are located. They may be Monument or Pole Signs provided that a minimum of two vertical sign supports are utilized. 3. Maximum height of a Development Sign shall be 15 feet. 4. The required setback shall be feet (10) from the front property line and Deleted:Required setback for a .ten _- '� Development Sign shall be30 feet or ten feet(10)from the side property line. the required building line if less than 30 feet 5. The maximum sign area per sign face shall not exceed sixty (60) square feet. 6. Each development site may have one such sign for each 50 acres under active development. - 7. A Development Sign must be removed when the project is 90 percent complete. In the case of a commercial project, 90 percent complete means when a certificate of occupancy is issued for a shell building. For a residential project, 90 percent complete means when 90 percent of the lots in the subdivision have received building permits. B. Real Estate Sign Real Estate Signs are subject to the following regulations. 1. Real Estate Signs may be erected in nonresidential and residential zoning districts and shall not require a permit. 2. Real Estate Signs may be Attached, Monument or Ground Signs. 3. The maximum sign area shall not exceed nine (9) square feet and a maximum height of four feet(4) for property located in a Residential Zoning District. Signs located in a Non-Residential Zoning District shall not exceed thirty-two (32) square feet in sign area and ten feet(10)in height. 4. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the skin shall be located at least ten feet (10') from the edge of the street, --f Deleted:Real Estate Signs shall be I set back at least eight feet from front 5. $Jo more than one sign shall be located for every two (2) acres in a tract of I property line. land or portion thereof. Deleted:Real Estate Signs are l limited to one per street front. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. CITY OF WYLIE SIGN REGULATIONS Page 28 C. Promotional Signage Businesses that erect signs under the provisions of this Section shall not display a sign that states"Going out of Business", "Quitting Business"or similar message more than one time. Promotional Signs are subject to the following regulations. 1. All Promotional Signage requires a permit. A maximum of two (2) permits are allowed for each calendar year. A separate permit is required for each two-week period Promotional Signage will be used. Promotional signs will be considered as a group and not as each individual sign, streamer, banner, etc. 2. Promotional Signage may include flags, pennants, streamers, balloons, inflatable signs, and any legal signs allowed by this Ordinance. Additionally, a maximum of two (2) banners is allowed, in addition to flags, pennants, streamers, balloons,inflatable or other promotional signage per permit. 3. Promotional Signage is allowed for two, two-week periods each calendar year per legal business subject to the following: a. A two-week period will commence on the first day Promotional Signage is displayed. b. The two two-week periods shall not occur in the same or consecutive months. c. A legal business shall include any commercial, industrial, or institutional use for which the building inspection-department has issued a certificate of occupancy. d. In the case of a special promotion for a grand opening celebration, one period may be extended to a three-week period provided the promotion commences within the first three months of f the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. EXCEPTION: A business that is in its initial year of operation is allowed to extend the time promotional signs are displayed, one time,from two weeks to 30 days. 4. Any device described as Promotional Signage shall not exceed an overall height of 40 feet measured from ground. Deleted:25 5. The following setbacks apply. However, the setbacks may be increased for any Promotional Signage found by the City to block traffic visibility or constitute a traffic hazard. a. 15 feet from street right-of-way. b. 40 feet from property lines other than those property lines fronting the street right-of-way. 1 Deleted:c._250 feet from any other monument sign on the same property, measured along the right-of-way.¶ CITY OF WYLIE SIGN REGULATIONS Page 29 I Deleted:9..SIGNS LOCATED IN 11. TEMPORARY DIRECTIONAL SIGNS i THE CITY RIGHT-OF•WAt1 Any sign permitted by this Ordinance may be erected within the public right- I of-way(unless otherwise prohibited On properties located at the intersection of two major thoroughfares or a major by municipal,county,state or federal lathoroughfare and a collector street,panel/directional signs are permissible subject to the on c provided that the followingconditions are met:¶ following conditions and upon the issuance of a sign permit: A. Permits I No sign may be erected within a right- of-way until a permit has been A. The sign design and location must be approved the City Council. obtained and the proper permit fee I paid. No sign shall be placed on private property a in the right-of-way B. Permits for such signs shall be temporary in nature and shall expire two years adjacent to developed private property without the private property from the date of permit issuance. owners written consent.Any permit issued for a sign in the right-of-way C. The maximum height of the sign is ten feet(10'). shall expire on December 31 of each calendar year and a new permit is requiredQ D. The maximum width of the sign is six feet(6'). I B..Time LimitationsI Signs shadalbebe placed within the right- of-way only between the hours of E. The font, lettering and color of the sign shall be uniform throughout the entire ii noon(12:00 p.m.)Friday and 9:)0 p.m.Sunday. I Sign i C..Location' i Signs located in the right-of-way shall • comply with the following location F. The sign may be located within the right-of-way, provided that, the sign is regulations.q located at least ten feet (10) from the back of the curb or road pavement and at any mi ns at not be placed within least two feet(2)from any sidewalk. 2.-Signs must be a minimum of five feet(5)from the adjacent edge of curb or pavement,which includes G. The permit applicant, property owner or developer shall be responsible for the improved surfaces and shoulders.¶ cost of production, maintenance of the sign and removal of the sign. 3.-signs shall not be placed within fifty feet(50)of any street { • intersection or within twenty-five feet (25')of any alley or curb cut Additionally,no sign may be placed within any defined visibility triangle or in any manner that may obstruct traffic visbaity.q 4..Signs shall not encroach upon or obstruct any designated sidewalk or pedestrian way.¶ 5..Signs shall not be placed within a nghtof-way that is adjacent to a dwelling premises.¶ D._Size I Signs located within the right-of-way shall not exceed six(6)square feet.Q • E..Height I Signs located within the right-of-way shall not exceed a total height of three feet(31.1 F.-NumberofSigns I The maximum number of permits that shall be issued to any one person, company,builder,entity,group or corporation,or any of the foregoing that are associated or related,for signs located in the right-of-way is twenty(20). For example,a company is imited to 20 right-of-way permits. A company may not send multiple employees to get 20 right-of- way permits each.9 ,G.-Sign Placement Vehicle :1111« CITY OF WYLIE SIGN REGULATIONS Page 30 Page 30:[1]Deleted Dale Jackson 4/20/2003 4:51 PM 9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY Any sign permitted by this Ordinance may be erected within the pubic right-of-way(unless otherwise prohibited by municipal,county,state or federal law)provided that the following conditions are met: A. Permits No sign may be erected within a right-of-way until a permit has been obtained and the proper permit fee paid. No sign shall be placed on private property or in the right-of-way adjacent to developed private property without the private property owner's written consent. Any permit issued for a sign in the right-of-way shall expire on December 31 of each calendar year and a new permit is required. B. Time Limitations Signs shall be placed within the right-of-way only between the hours of noon (12:00 p.m.)Friday and 9:00 p.m. Sunday. C. Location Signs located in the right-of-way shall comply with the following location regulations. 1. Signs shall not be placed within any median. 2. Signs must be a minimum of five feet(5')from the adjacent edge of curb or pavement, which includes improved surfaces and shoulders. 3. Signs shall not be placed within fifty feet(50') of any street intersection or within twenty-five feet(25') of any alley or curb cut. Additionally, no sign may be placed within any defined visibility triangle or in any manner that may obstruct traffic visibility. 4. Signs shall not encroach upon or obstruct any designated sidewalk or pedestrian way. 5. Signs shall not be placed within a right-of-way that is adjacent to a dwelling premises. D. Size Signs located within the right-of-way shall not exceed six (6) square feet. E. Height Signs located within'the right-of-way shall not exceed a total height of three feet(3'). F. Number of Signs The maximum number of permits that shall be issued to any one person, company, builder, entity, group or corporation, or any of the foregoing that are associated or related, for signs located in the right-of-way is twenty(20). For example, a company is limited to 20 right-of-way permits. A company may not send multiple employees to get 20 right- of-way permits each. G. Sign Placement Vehicles Any vehicle used during the installation and removal of signs must have one (1) revolving amber strobe light that is visible at five-hundred feet(500') in the daylight on top of the vehicle and one(1)revolving amber strobe light that is visible at five-hundred feet(500')in the daylight on the rear of any trailer being used in addition to vehicle and trailer flashers. The lights should be used only when slowing down or stopping on the roadway. Vehicles shall stop only in the right hand lane when installing or removing signs with both flashers and amber lights operating. H. Tampering with Permit Decals Any person who knowingly falsifies, tampers with, or reproduces permit decals for signs located in the right-of-way, or falsifies an affidavit required to obtain a permit, shall, in addition to the other penalties set forth herein, have all rights to place or have placed signs in the right-of-way with the City of Wylie revoked for a twelve (12) month period. I. Temporary Banners and Streamers in the Right-of-Way The Board of Adjustment may grant exceptions to allow banners and streamers to be placed in the public right-of-way. Approval of such signs shall be on a case by case basis. Signs of this type shall refer only to civic or non-profit functions that benefit the community as a whole.Exception requests shall include the size, number and location of all signs as well as the dates the signs will be placed within the right-of-way. Any change in size, location, number or date of placement must be approved by the Board of Adjustments. No fee shall be required to request an exception of this type from the Board of Adjustments. J. Removal of Unpermitted Signs Unpermitted signs, or signs in violation of this Ordinance, may be immediately removed from the right-of-way. Signs may be disposed of as set forth in Section 3.K. above. WYLIE CITY COUNCIL AGENDA ITEM NO. 5. September 23, 2003 Issue Hold a Public Hearing to consider and act upon adoption of revisions to the Comprehensive Zoning Ordinance of the City of Wylie, Collin County, Texas. Background The current Zoning Ordinance was adopted in February of 2002. Administration of these regulations have since their adoption identified several issues in need of revision. The Planning and Zoning Commission held Work Sessions on July 15 and August 5 and held a public hearing on September 2, 2003 and proposes the following revisions to the Zoning Ordinance: a. Section 3.4.F, exterior building materials for residential uses; b. Section 2.5.D, size and materials for accessory buildings; c. Section 5.5, administration of temporary uses; and d. Section 2.5.E, providing for building encroachments into required yard setbacks Financial Considerations N/A Other Considerations A Public Hearing has been advertised by the City Council for September 23 to consider adoption of these revisions. Public notice has been published in the newspaper of record (The Wylie News) and mailed to residential development interests in Wylie. EXTERIOR BUILDING MATERIALS Recommendation: Substitute the following revised wording for existing Section 3.4.F of the Zoning Ordinance. F. Architectural Features Architectural points are awarded in accordance with the following criteria: a. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of one-hundred (100) percent of the exterior facade composed of brick or stone laid masonry units or masonry stucco, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two (2) feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: 1. When other materials are required to blend with the existing historic architecture of the house. 2. When the construction is new infill construction and more than sixty percent (60%) of the existing residential structures along both sides of the street and between the two nearest intersection streets of the proposed location do not meet the above minimum standards, new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. 3. When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. b. Appeals Regarding Material If the Building Official determines that a product does not demonstrate the same durability as masonry, the applicant may appeal that decision to the Construction Code Board. The decision of the Construction Board shall be final. Background: The earliest available Zoning Ordinance adopted by the City of Wylie (April of 1962) required that all residential dwellings (single-family, duplexes and multi-family) "shall be of masonry construction or any higher type building material". No exceptions or variances to this regulation were specified, nor was"masonry" defined. The major revision of the Zoning Ordinance (adopted May of 1985) required that exterior walls of all residences consist of an average of not less than 75 percent masonry (brick, stone or decorative concrete block but not stucco) or masonry veneer, with no single wall containing less than 50 percent masonry. All walls of nonresidential buildings which faced a thoroughfare or residential district had to be at least 75 percent brick, stone, brick/stone veneer, custom-treated concrete tilt wall, decorative concrete block or glass. The Ordinance allowed variances to this masonry regulation only upon issuance of a Specific Use Permit when a majority of the existing development around infill or proposed new structures used other than the listed masonry materials. In July of 2000, new residential districts and requirements were adopted to the Zoning Ordinance which required all residential dwellings to have a minimum of 100 percent of the exterior façade of brick or stone laid masonry units. In order to achieve architectural variety and avoid the same look on all dwellings, articulation elements were encouraged and repetition of similar elevations was restricted. Wood siding or masonry stucco could be used as an architectural style when approved by the Planning and Zoning Commission when one or more of the following conditions are met: a. Other materials are required to blend with the historic architecture of the house, especially within downtown Wylie; b. The construction is infill construction and the predominant materials used in the neighborhood are other than masonry; and c. A new subdivision with an architectural style other than masonry. With adoption of the new nonresidential districts and complete revision of the Zoning Ordinance and Map in February of 2002, the masonry requirement for nonresidential building was changed to 100 percent brick, stone, cast stone, decorative concrete or stucco. The residential definition of masonry was broadened to include masonry stucco and masonry composite materials when having the same durability as masonry. However, wood and vinyl siding or Exterior Insulation Finishing Systems (EIFS) are now specifically excluded. The Building Official interprets the exception clause of the current Ordinance to allowing the P&Z Commission to approve alternative "architectural styles" other than masonry rather than to approve "other than masonry materials". Encouraged articulations and restricted repetitions are still used to achieve variety. Several applicants have requested the use of exterior building materials other than masonry, and the confusing definition and procedure of the Zoning Ordinance must be clarified in order that such requests may be properly considered and processed. Applicants have also indicated that the specific exclusion of all wood products is technically unjustified and may be illegal. The Commission is requested to provide clarity of intent and direction for alternative wording to this section of the Ordinance. ACCESSORY BUILDINGS Recommendation: Add the following wording as new Section 2.5.D of the Zoning Ordinance. D. Accessory Buildings 1. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. 2. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. a. Except in the Agricultural (AG/28)District, not more than two (2) accessory buildings may be placed on any residential lot. The combined floor area of all accessory buildings shall not exceed six hundred (600) square feet or twenty five (25) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. Exception 1: Accessory buildings located on lots that are between one (1) and two (2) acres in size shall not exceed one thousand (1,000) square feet. Exception 2: Accessory buildings located on lots that are two (2) acres or more in size shall not exceed three thousand(3,000) square feet. b. Barns and Stables: In the Agricultural (AG/28) zoning districts, barns and/or stables directly associated with the support of a bonafide private agricultural use of the property shall be limited in area to that allowed by the building code for their use and construction type, but in no case shall the combined floor area of the primary use and all accessory buildings exceed the maximum percentage of lot coverage allowed for in the Agricultural (AG/28) zoning district. Said barns and/or stables shall not be located within fifty (50) feet of any property line. Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4 "Special Use Permits" of this ordinance. c. Setback Requirements: No accessory building shall be located within any easement. (1) Front - Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. (2) Side: (a) Five (5) feet when the accessory building is located behind the main building. When the accessory building is located in the side yard, the side yard setback for the accessory building will be the same as the setback for the main building. (b) Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10) feet from the side property line. (3) Rear: (a) Ten(10)feet if the rear property line is adjacent to a street right-of-way. (b) In situations other than those contained in c. 3. above, the rear setback is five(5)feet. Exception: When the accessory building is a garage with rear access, the rear setback shall be a minimum of twenty(20)feet from the property line. (4) Other Structures - Accessory buildings shall not be located within five (5) feet of any other structure. Exception: Carports. d. Roof (1) The minimum roof slope for all accessory buildings shall be 3:12. Exception: When the accessory building is a metal building or carport. (2) The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building. Exception: When the accessory building is a metal building, the roof material is not required to closely resemble the roof material of the main building. e. Exterior Walls: (1) Accessory buildings one hundred twenty (120) square feet and less in area are required to be constructed with exterior walls composed of metal with a baked- on enamel finish, composite masonry façade or the same masonry content required of the main structure. (2) Accessory buildings larger than one hundred twenty (120) square feet but less than three hundred (300) square feet in area are required to be constructed with exterior walls composed of composite masonry façade material or the same masonry content required of the main structure. (3) Accessory buildings over three hundred (300) square feet in area are required to be constructed with exterior walls composed of the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. Exception: Barns and stables located on property zoned Agricultural (AG/28) are exempt from the masonry requirement for exterior walls. f. Height: Accessory buildings shall be limited to a height of not more than fourteen (14) feet to the top of the roof. Exception: In the Agricultural (AG/28) zoning district, accessory buildings shall be limited to a height of not more than twenty (20) feet to the top of the roof. Background: The 1962 Zoning Ordinance limited the location of residential accessory buildings to a minimum of 60 feet behind the front building line and 2 feet from side and rear lot lines as well as 6 feet from the main building. Height and building materials were not specified. The 1981 Ordinance defined residential accessory buildings as being larger than 120 square feet and restricted their location to the rear yard and not less than 3 feet from a side lot line and 10 feet from the rear property line (garages accessed from alleys could not be closer than 20 feet from the rear line). Residential accessory buildings could not be closer than 15 feet from the main building, and could not exceed 25 feet in height. Accessory buildings were also allowed within nonresidential districts, with the same regulations (size, setbacks, materials) as main structures in those districts. The 1985 Ordinance defined accessory buildings within all districts as larger than 120 square feet and limited maximum size to 600 square feet. Both residential and nonresidential accessory buildings were restricted in height to the lesser of either 15 feet or the height of the main structure. Residential accessory buildings were to be located behind the front building line, have a side yard of 5 feet and a rear yard of 3 feet (rear-entry garages required 20 feet) and be at least 5 feet from the main building. Building material were not specified. A special ordinance adopted in July of 1999 revised these provisions to allow residential accessory buildings of up to 2,000 square feet and the greater of 2 stories or the height of the main structure on lots of 2 acres and larger. Accessory buildings on smaller lots continued to be regulated according to the 1985 Ordinance. The July 2000 revisions to the residential districts of the Zoning Ordinance allowed the maximum cumulative size of accessory buildings to be 4,000 square feet or 10 percent of the lot size (5 percent for lots larger than 2 acres)whichever is greater. No building materials were specified. The February 2002 revisions of the Ordinance amended the residential accessory building regulations to allow a maximum cumulative total size of the greater of 2,500 square feet or 10 percent of the lot area for lots less than 2 acres (5 percent of lot for lots larger than 2 acres). Accessory buildings may now be a tall as 36 feet in most residential districts (the height of main structures), and must comply with the same masonry requirements as the main building. All accessory buildings must now be located behind the front building line and a minimum of 10 feet from the main structure, but other setbacks differ between districts from as much 10 feet for side yards and 25 feet for rear yards on one-acre lots (100 feet if the lot accommodates large animals) to 5 feet for side yards and 10 feet for rear yards for half-acre and smaller lots. The current Ordinance does not allow accessory buildings within multi-family residential districts and mobile home parks or within any nonresidential districts. Several very large accessory buildings have recently been permitted within residential neighborhoods under the current code, and nonresidential commercial and institutional (churches, schools) users have requested permits for such buildings. The Commission is requested to provide direction concerning the appropriate size of such buildings and their appropriateness within nonresidential districts. TEMPORARY USES Recommendation: Substitute"Building Official" for"Director" in Section 5.5 of the Zoning Ordinance. Background: Section 102-2 of the Code of Ordinances, initially adopted in 1986, delegates to the Chief of Police the approval of parties and other gatherings which involve the closing off and exclusive use of public streets. This permitting process has been in the form of a joint letter-of-agreement between staff and applicant. Proposed revisions to this Special Event Policy will transfer permitting to the Building Official. The 1985 Zoning Ordinance allowed temporary buildings for uses incidental to construction on the premises within all residential districts. Such buildings were to be removed upon completion of the construction work, or at a time determined to be appropriate by the Building Official. No temporary buildings were allowed in nonresidential districts, and there was no specified provision for temporary uses not related to construction on either public or private properties within either residential or nonresidential zones. The newly-revised Zoning Ordinance defines temporary uses as having a duration of more than 48 hours but less than 90 days and allocates such uses to various districts. These temporary uses include occasional or garage sales, the sale of Christmas Trees and seasonal agricultural products, carnivals, construction/sales offices and living quarters as well as the growing of crops and grazing. Such uses are permitted by the Director of Planning by joint letters-of-agreement, except that the Building Official continues to permit garage and other occasional sales as well as construction and sales offices. Staff proposes that all Temporary Uses, except for batch plants, be removed form the Zoning Ordinance and administration of the Planning Director and be placed under the administration and permitting of the Building Official through the adoption of such separate authority and regulations as may be determined necessary. Permanent batch plants are allowed only within the Industrial (I) District and then only by approved Specific Use Permit, which have no time limitation. Temporary batch plants, for site-specific construction, are approved by the State rather than City. BUILDING ENCROACHMENTS INTO REQUIRED YARDS Recommendation: Add the following wording as new Section 2.5.E of the Zoning Ordinance. E. Building Encroachment into Required Yards 1. Minimum Front Yard Setback. The location of buildings shall comply with the minimum front yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required front yard shall be open and unobstructed, except for plant material and for the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building, projecting no more than twelve (12) inches into the required front yard. Roof eaves and roof extensions of the main building or a porch without posts or columns may project into the required front yard for a distance of no more than two (2)feet, and subsurface structures, platforms or slabs may project into the front yard to a height no greater than thirty (30) inches above the average grade of the yard. 2. Minimum Side Yard Setback. The location of buildings shall comply with the minimum side yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required side yard shall be open and unobstructed, except for plant material and for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building projecting no more than twelve (12) inches into the required side yard. Roof eaves of the main building shall project no more than two (2) feet into the required side yard. 3. Minimum Rear Yard Setback. The location of buildings shall comply with the minimum rear yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for plant material and accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features of the main building projecting no more than two (2) feet into the required rear yard Background: The purpose of "yards" or "setbacks" is to provide sufficient natural light and ventilation to buildings and to protect against the spread of fire and diseases from adjacent structures. The 1962 Zoning Ordinance defined yard or building setback as "an unoccupied space open to the sky", requiring that the space remain unobstructed by construction. The 1981 and 1985 Ordinances provided an exception for "roof overhang and similar special architectural features and plant materials". Such exceptions were omitted from the newly-adopted and current Ordinance, requiring that all portions of a structure and its appendages be outside of all required yards or setbacks. It is normal for municipalities to allow some limited degree of encroachment of building appendages(roof overhangs and unsupported porches) into required yards. Board/Commission Recommendation At the September 2, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the proposed revisions to the Zoning Ordinance. Staff Recommendations Approval and adoption of revisions as proposed. Attachments None /26>)-i/kt- Prepared by Reviewed by Finance City M ger Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, AMENDING THE CERTAIN PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE; 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 City Council 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,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance should be amended; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Section 3.4.F of the Comprehensive Zoning Ordinance of the City of Wylie,Texas,pertaining to exterior siding materials for residential uses, be, and the same is hereby, amended by substituting the following wording for the existing: F. Architectural Features Architectural points are awarded in accordance with the following criteria: 1. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of one-hundred(100)percent of the exterior facade composed of brick or stone laid masonry units or masonry stucco, excluding windows,doors and other openings. Glazing shall not exceed twenty-five(25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two (2) feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: 1. When other materials are required to blend with the existing historic architecture ofthe house. 2. When the construction is new infill construction and more than sixty percent (60%) of the existing residential structures along both sides of the street and between the two nearest intersection streets of the proposed location do not meet the above minimum standards,new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. 3. When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. b. Appeals Regarding Material If the Building Official determines that a product does not demonstrate the same durability as masonry,the applicant may appeal that decision to the Construction Code Board. The decision of the Construction Board shall be final. SECTION 2. That Section 2.5 of the Comprehensive Zoning Ordinance of the City of Wylie,Texas,pertaining to regulations applicable to all districts,be,and the same is hereby,amended by adding the following wording as new Section D: D. Accessory Buildings 1. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. 2. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. a. Except in the Agricultural(AG/28)District,not more than two(2)accessory buildings may be placed on any residential lot. The combined floor area of all accessory buildings shall not exceed six hundred (600) square feet or twenty five (25) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. Exception 1: Accessory buildings located on lots that are between one(1)and two(2)acres in size shall not exceed one thousand (1,000) square feet. Exception 2: Accessory buildings located on lots that are two(2)acres or more in size shall not exceed three thousand(3,000) square feet. b. Barns and Stables: In the Agricultural(AG/28) zoning districts, barns and/or stables directly associated with the support of a bonafide private agricultural use of the property shall be limited in area to that allowed by the building code for their use and construction type,but in no case shall the combined floor area of the primary use and all accessory buildings exceed the maximum percentage of lot coverage allowed for in the Agricultural(AG/28)zoning district. Said barns and/or stables shall not be located within fifty (50) feet of any property line. Commercial equestrian or rodeo arenas whether enclosed,partially enclosed,or open air shall require a Specific Use Permit as provided in section 5.4 "Special Use Permits" of this ordinance. c. Setback Requirements: No accessory building shall be located within any easement. (1) Front -Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district,whichever is greater. (2) Side: (a) Five (5) feet when the accessory building is located behind the main building. When the accessory building is located in the side yard, the side yard setback for the accessory building will be the same as the setback for the main building. (b) Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten(10) feet from the side property line. (3) Rear: (a) Ten(10) feet if the rear property line is adjacent to a street right-of-way. (b) In situations other than those contained in c. 3. above,the rear setback is five(5)feet. Exception: When the accessory building is a garage with rear access,the rear setback shall be a minimum of twenty(20) feet from the property line. (4) Other Structures - Accessory buildings shall not be located within five (5) feet of any other structure. Exception: Carports. d. Roof: (1) The minimum roof slope for all accessory buildings shall be 3:12. Exception: When the accessory building is a metal building or carport. (2) The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building. Exception: When the accessory building is a metal building, the roof material is not required to closely resemble the roof material of the main building. e. Exterior Walls: (1) Accessory buildings one hundred twenty(120)square feet and less in area are required to be constructed with exterior walls composed of metal with a baked-on enamel finish, composite masonry facade or the same masonry content required of the main structure. (2) Accessory buildings larger than one hundred twenty (120) square feet but less than three hundred (300) square feet in area are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. (3) Accessory buildings over three hundred (300) square feet in area are required to be constructed with exterior walls composed of the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. Exception: Barns and stables located on property zoned Agricultural(AG/28)are exempt from the masonry requirement for exterior walls. f. Height: Accessory buildings shall be limited to a height of not more than fourteen(14)feet to the top of the roof. Exception: In the Agricultural(AG/28)zoning district,accessory buildings shall be limited to a height of not more than twenty(20) feet to the top of the roof. SECTION 3. That Section 5.5 of the Comprehensive Zoning Ordinance of the City of Wylie,Texas,pertaining to Temporary uses, be, and the same is hereby, amended by substituting `Building Official" for"Director". SECTION 4. That Section 2.5 of the Comprehensive Zoning Ordinance of the City of Wylie,Texas,pertaining to regulations applicable to all districts,be,and the same is hereby,amended by adding the following wording as new Section E: E. Building Encroachment into Required Yards 1. Minimum Front Yard Setback. The location of buildings shall comply with the minimum front yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules,as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required front yard shall be open and unobstructed, except for plant material and for the ordinary projections of window sills,belt courses,cornices and other architectural features of the main building,projecting no more than twelve(12)inches into the required front yard. Roof eaves and roof extensions of the main building or a porch without posts or columns may project into the required front yard for a distance of no more than two (2) feet, and subsurface structures, platforms or slabs may project into the front yard to a height no greater than thirty(30) inches above the average grade of the yard. 2. Minimum Side Yard Setback. The location of buildings shall comply with the minimum side yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required side yard shall be open and unobstructed, except for plant material and for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building projecting no more than twelve(12)inches into the required side yard. Roofeaves ofthe main building shall project no more than two (2) feet into the required side yard. 3. Minimum Rear Yard Setback. The location of buildings shall comply with the minimum rear yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty(30) inches above the general ground level of the graded lot, except for plant material and accessory buildings as permitted herein and the ordinary projections ofwindow sills, belt courses, cornices and roof overhangs and other architectural features of the main building projecting no more than two (2) feet into the required rear yard SECTION 5. 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 6. 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 7. Should any paragraph,sentence,subdivision,clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. 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 9. 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 , 2003. By John Mondy,Mayor ATTEST: City Secretary