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06-22-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL JUNE 22, 1993 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION PLEDGE OF ALLEGIENCE CONSENT AGENDA 1. Consider Approval of the Minutes of May 3, May 25, and June 8, 1993 APPOINTMENTS/PUBLIC HEARINGS 2. P&Z 93-2-Z/FP Hold Public Hearing and Consider Approval of a Replat and an Ordinance Amending the Zoning for a Portion of Westgate Phase 1 3. P&Z 93-1-Z Hold Public Hearing and Consider Approval of an Ordinance Amending the Stone Grove Planned Development to Provide Area Requirements and Land Use Designation 4. Appointment with Ray Cox and Citizens from Windsor Drive to Discuss Masonry Requirements of the Comprehensive Zoning Ordinance 5. Appointment with Joanne Holtzclaw, Representing TCI, to Discuss Recent Changes in Cable Service ACTION ITEMS ,)-(,2- 6. Discuss and Consider Approval of an Ordinance Amending the TU Electric Franchise to Amend the Franchise Fee from Three Percent to Four Percent 7, Discuss and Consider Approval of an Ordinance Amendingthe Animal Control Ordinance Regarding Leash Requirements a . �• 8. Discuss and Consider Approval of a Resolution Adopting Tax Abatement Guidelines STAFF REPORTS; s --(14cAka.,/ Gf6e A al(')&-tAAX (4-36 (4-CC)11(6'‘<l-' 2 E CITIZEN PARTICIPATION EXECUTIVE SESSION 9. Hold Executive Session Under Article 6252-17 V.A.C.S. to Discuss: a. Land Acquisition: Industrial Building Site b. Litigation: Southfork Settlement Agreement c. Personnel: Appointments to Boards and Commission Personnel: Appointment of Municipal Judge 10. Reconvene Into Regular Session and Take Any Necessary Action as a Result of the Executive Sessions ADJOURNMENT Posted this a 18 h da of May, 1993 at 5:00 p.m. City of Wylie AGENDA COMMUNICATION ` SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 6/22/93 1 Minutes of Past Meetings SUMMARY OF SUBJECT: Council minutes will be provided under separate cover. ALTERNATIVES: ACTION REQUESTED: f • I . City of Wylie AGENDA COMMUNICATION - SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 6/22/93 2 Public Hearing and Ordinance Regarding Westgate Phase I and Replat SUMMARY OF SUBJECT: Attached are the Agenda Notes and accompanying attachements that were sent to the Planning and Zoning Commission. The Commission will hear this item on - Monday night and we will provide you with their recommendation on Tuesday. In addition the current chairman, Gilbert Welch, will be present Tuesday night to answer any questions regarding the Commission's recommendation. ALTERNATIVES: (1) Adopt Recommendation of Commission Once it' Rendered (2) Adopt One of the Other Alternatives Outined in the Attached Agenda Notes (3) Continue Public Hearing to July 6th Meeting (4) Close Public Hearing and Table Action Until July 6th Meeting The Staff will withhold a recommendation pending the actions of the Planning and Zoning Commission on Monday night. ACTION REQUESTED: / i 2 vt_edtw WYLIE PLANNING AND ZONING COMMISSION June 21 , 1993 AGENDA ITEM: P&Z 93-2-Z/FP Hold Public Hearing and Consider Recommending Approval of a Change in Zoning from Multi-family to PD Planned Development and a Replat of a Portion of Westgate Phase SUBMITTED BY: Mary Nichols, City Secretary REQUESTED BY: Jim Meara, FM3412 Venture BACKGROUND INFORMATION: P&Z 93-2-Z/FP Mr. Jim Meara, FM-3412 Venture, has submitted a replat request for a portion of Westgate Phase I. This portion of Westgate was originally platted for 76 duplex (2-F) lots. Streets, alleys, and utilities are all in place for this portion of the subdivison. Mr. Meara has purchased the property, secured a builder to develop single family homes and requested a change in zoning. However, a couple of development issues exist as a result of the lots being previously platted: * The existing lot depths average 108 to 110 feet - SF-1 , and SF-2 require 120 foot minimum lot depths. SF-3 requires only 100 feet. * The minimum dwelling footage requirements in our zoning categories are: SF-1 = 1800 sq.ft. SF-2 = 1500 sq.ft. SF-3 = 1100 sq.ft. Mr. Meara proposes a minimum dwelling size of 1450 sq. ft. With the lot depths already established by the streets and alleys, the only single family zoning category that will accommodate the depths and a 1450 sq. ft. minimum is SF-3 zoning. However, SF-3 also requires a minimum 7200 sq.ft. lot, minimum 6 ft. side yard setbacks, minimum 25 ft. front yard setback, 25 foot rear yard, and a lot width of at least 60 feet. The applicant proposes to plat 48 single family lots. In order to meet all of the minimum setbacks in SF-3, he must reduce his number of lots by four. The applicant does not believe this would be an acceptable number of lots to the builder. He also prefers the 1450 sq.ft. dwelling minimum to the 1100 sq.ft. allowed in SF-3. Mr. Meara's proposal is to rezone the portion of Westgate Phase I that he is replatting to "PD" Planned Development with a single family land use and area requirements that will allow larger homes (1450 square feet to 2000 square feet) on lots averaging 6800 square feet to 7200 square feet. While this is not the typical purpose for Planned Development zoning, our zoning ordinance does define one of the purposes for a PD as "to permit growth flexibility in the use and design of land and buildings in situations where modification of specific provisions of the ordinance does not conflict with the intent of the ordinance, is not inconsistent with the planning on which it is based, and will not be harmful to the neighborhood." There are several options available to the Commission and Council for solving Mr. Meara's development problems: (1) approve "PD" zoning with "SF-1", "SF-2", or "SF-3" single family land use and area requirements that will accommodate the replat with 48 homes. Should the Commission consider this option, a list of proposed area requirements is attached. (2) zone the property "SF-3" and require the applicant to either reduce the number of lots from 48 to 44 in order to meet area requirements or apply to the Board of Adjustments for variances on just those lots that will not meet setback requirements We have advertised in such a way that the Commission and Council can approve either"SF-1", "SF-2", "SF-3" or Planned Development with single family land use. There were 93 public notices mailed to residents within Westgate Phase 1 . Responses are attached. All seem to favor single family land use. Attached are copies of the replat as well as the previous plat and lot pad layout. Mr. Meara will be here Monday night to answer questions. PROPOSED AREA REQUIREMENTS WESTGATE PLANNED DEVELOPMENT Lots 1 , 7, 8, and 9, Westgate Phase APPROVED LAND USE Single Family Detached MINIMUM FRONT SETBACK 20 Feet MINIMUM SIDE SETBACK 5 Feet MINIMUM SIDE SETBACK ADJACENT TO STREET 15 Feet MINIMUM SIDE SETBACK ADJACENT TO STREET 10 Feet FOR SPECIFIED LOTS: BLOCK 1, LOT 19 BLOCK 7, LOTS 15 AND 28 BLOCK 8, LOTS 1 , 6, 7, AND 12 BLOCK 9, LOTS 1 , 6, 11 AND 13 -.w MINIMUM REAR SETBACK 20 Feet MINIMUM REAR SETBACK FOR SPECIFIED LOTS BLOCK 9, LOT 13 6 Feet BLOCK 9, LOT 11 10 Feet MINIMUM DWELLING SIZE 1450 Square Feet MINIMUM LOT SIZE 6200 Square Feet MINIMUM LOT WIDTH 58 Feet at Building Line MINIMUM LOT DEPTH 100 Feet MINIMUM MASONRY EXTERIOR FACADE 75 Percent MINIMUM OFF-STREET PARKING Two Covered and Enclosed MAXIMUM HEIGHT 30 Feet MAXIMUM ACCESSORY BUILDING HEIGHT 15 Feet 1 ZONED. 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BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F' multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: 1. /T kv 4 s„✓a L� I:-i'n"-y 2 !!`pr,4- / e,,, e./2-> 4-•-i ,.,.. Gvi Th' d T4,4G-.4 Z-o TS /.4.17,5�� 4�Z •J 2. w- 3. Signature Printed Name "y,44" Addressio,�� Q• � .�6�� ✓- / �Y�i ; Tsl 7✓09! *, ie CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F' multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by Pr returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: - X- I am in favor of the proposed change for the following reasons: 1. �r 2 - e441.4ZA4,-1 yy?Q.rc, - / 4-a ,0Y• fi ..�� 3 % �� /� �r� ate Signatur Printed Name#4-4Cff M. goi3£ 1- Address /a Y 44 &sfe&2r 4 6 400S F L )a Y -ie CITY OP' WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F' multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: t/ I am in favor of the proposed change for the following reasons: i ��f l'r l i 4 1�e.<.1 ,.c vl G� ^-f CLC �f *t_sce „AA— .t,u Z..Z..A ti - :z--A-ak 3. Signature 0- =� ? ..w J Printed Name ITS y M, M.. w 4 AD Address �o�{ G� c u1nt, fi , . ie CITY OP' WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE.TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-P' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission r1 C;nuncil your opinion in writing regarding this matter by returning the form below to: _tlichols City Secretaryi7509 Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: X I am in favor of the proposed change for the following reasons: 1. -i(PANSior4 G2estosNT I Ase 190 1\nwm2-IGIA S 2. DE L.oPrv\E►QT Of LiseLEss A 2-E•l • IDS FutvN 2CAO Fo(L 1-{DUS Ims 3. C,UI!L12EN I -`� KNOt� IT WAS P► w u P. of WE R • Signature N__, CR(9: Printed Name BCD J N (J6(ci N l A15 Address I I to P U ui A N P!-AGE 7509g 10 CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by - returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: 1. S I N Gi-(5-- 'FA 11-1 1 0.71. 47 a-g Th-F De,�z,opi►.z.-.7 04 1.‘,” tic/-?-ao vd, 2. 3. 1/El% it -.0 Signature Printed Name 4//Lgv iL /Q J/f(.E ' Address bop 7 iA/MX6f a� 1/I t-(.t' !✓y1.4 67- Th. 73 g( �I *� ie CITY OF VC7YLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-P' multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: \,// I am in favor of the ro osed change for th e p g o follcIng reasons: 1. - V�' L i��},,.►�,Q �1' abuStIS 6t, ( . 2. of Gm- Q- ° CO-' -'`'sWt_ P-t. `JC '.- l>4Ck. 911)11 . j_) ,•\, 31Dj 174t-';° \ cuta, _d Signature Printed Name \ • Address Q.C:. \ -1(\c\42_C 'c\ \P, CITY OP' WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: 1. OA)L S F/ Zov%006 ' s .-4cce z'Z 16- ,2 779 5 o. 3. J ] - Signature -► Printed Name STUART ALLISON 614 NICKELVILLE LN. Address WYLIE,TX 75098 CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, ,- 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-P' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: J, y1 �f ��i� "'g i4Cnv/y h S �1J C7 f�cv/'fiy:stn S 2. Pitoto_t/ L/O.".c.z-a Gi n c 0 e-e7L . 71z. 3. /-7/l?4 CZ-7/'a} GL ��'ssee-/n c 7 /9 C ernin c r-,1 iL r-A- Signature ce- e c d -2 m-or e Printed Name AW r-,� ovt, Address // 7 C4 i<<c e ,L j ILSE G' L'ty re-scu c es Lv fie✓ /r..-0-',/4;-/-G-t) X') UIaSG -1e CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 o'clock P.M. on the 7th day of June, 1993 and the Wylie City Council will hold a Public Hearing at 7:00 o'clock on the 8th day of June, 1993 in the Council Chambers at the City of Wylie Municipal Complex. 2000 Highway 78 North, Wylie, Texas at the request of The Meara Corporation ' for a Replat and Zoning change from 2-F (Two Family) to P.D. (Planned Development) on the following described property: A portion of Westgate Subdivision, Phase I, located in the E.C. Davidson Survey, Abstract Number 266, Blocks 1, 7, 8 & 9. As an interested property owner, it is important that you attend this hearing or notify the Commission / Council of your feelings in regard to the matter by returning the form below. City of ylie, Texas The following form may be filled out and returned as soon as possible to the City of Wylie, Community Development Department, P.O. Box 428 Wylie, Texa 75098. I am in favor of the request for the reasons listed below. '/ e S I am opposed tot he requeste for the reasons listed below. 1. j e 6. J w►4�w.4.-.1 T41 RD. Lv;"." rna.4,.,ta4..� _ • _.a 2• !hz. Gv it u/ (,-- ,, ur nna A 1 � 11 -- b -b Xrc. Leas "Vt Address: Qo? �,L . Q 1. l-L�f . Q �. - rle CITY OF VVYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F' multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: w X I am in favor of the proposed change for the following reasons: 1. 1* , ; F 5 ; F � 1�1� t �G— e C z 2. J, ,I I r, � L ; ;� � i > n_I S A Q 1_ �.J v,?� , 0.1 / f-s (—? I S .. 3. Signature •,-;�1.�C�� . n Printed Name 2 Address 1 ��', _ . ;�� a C 1= -ie CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine - existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-P multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: l/ I am in favor of the proposed change for the following reasons: ' 1. /1�'ie // �i;�' lv;f� P,-J,,,� 1�,, 11 i 4 I ,dam✓� Y��S �tl� 1 2. �,�,�� iOr,nCc ��'/�� :/i ✓?; /C%il/_'�/) n» /1. a—"11,11 . q.5 pe.56',171(y ��NJ 3. !"coLAr i.JC_: (j.+J/� ;hj/� r�/ K'v;n`�"'tic (ct ;l� 4t..t9147c.5 'j?1C 71(% / -. Signature G� C� Printed Name /ter #2, Address ' - G A/ /9, 7l%-� /oSC *, r le CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: r ✓ I am in favorl of the proposed change for the following reasons: _..- 1. S nq/ r�'rY)i`ly 2© . ,r.9 0n l y 2. 3. Signature P. Printed Name has. HoIdPQt')��S Address I 0] Pu,LLrY)&n _p1 . W y! RegardingCase #PZ 93-2-Z/FP �--------------------------�-__------------------------------------------------------ I am opposed to the proposed change for the following reasons: V I am in favor of the ro osed change for the P g following reasons: kot‘jes ‘\4\ 1 \I\ 1•14L-S iQC) SIMM't)--NVV\043 \%0D‘ko klIeb %cch-• 2. 3. Signature Printed Name � �� 11%\& \ c Address.01/4 i‘) . � * C10&n V -`i Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: 1. 12.e e 74-) Oci71- rn orte 1i17o`m4, on) 2. rep T d 1 iii 1 /7-'4 A./ov l sI See S/i-i9le, mot % ovsii2� bv�'lf Sim,/gam Signature Printed Name /qirfCr Address The following form may be filled out and returned as soon as possible to the City of Wylie, Community Development Department, P.O. Box 428 Wylie, Texas 75098. I am in favor of the request for the reasons listed below. I am opposed tot he request for the reasons listed below. 02 1. hec46E T ,,etz046 7"Do T. s7, 1t. e s pa, (2655 `M0 9 �Es - /7.S /5 i s 1; tP2 /,S Signature ?Ir()14-ri - 7 .14)44-." WQSS Address: v` lA �� L� y CV- LV i I5c" f97TC4I6, -irk" Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: 1 am in favor of the proposed change for the following reasons: i -et4-`t fA456-e- `,,, �7 yt-c---=(- 3 ttj ---(AMilLfttAkol:Litir-vt..,r yktuctco-e__ Signature Printed Name 721 /V eT 7A1 f l Address 10r7 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT •. 6/22/93 3 Public Hearing and Ordinance Adopting Area Requirements for Stone Grove Addition SUMMARY OF SUBJECT: Attached are the Agenda Notes and accompanying attachements that were sent to the Planning and Zoning Commission. The Commission will hear this item on Monday night and we will provide you with their recommendation on Tuesday. In addition the current chairman, Gilbert Welch, will be present Tuesday night to answer any questions regarding the Commission's recommendation. ALTERNATIVES: (1) Adopt Recommendation of Commission Once it' Rendered (2) Adopt One of the Other Alternatives Outined in the Attached Agenda Notes (3) Continue Public Hearing to July 6th Meeting (4) Close Public Hearing and Table Action Until July 6th Meeting The Staff will withhold a recommendation pending the actions of the Planning and Zoning Commission on Monday night. ACTION REQUESTED: 4 A.;Lo-vtAAAajcv4-t__, eej V cstr ,e_dre (lee i sA j WYLIE PLANNING AND ZONING COMMISSION June 21 , 1993 AGENDA ITEM: P&Z 93-1-Z Hold Public Hearing and Consider Recommending Approval of an Amendment to the Stone Grove Planned Development to Adopt a Land Use and Area Requirements SUBMITTED BY: Mary Nichols, City Secretary REQUESTED BY: City Initiated BACKGROUND INFORMATION: P&Z 93-1-Z We have discovered that a Planned Development "PD" zoning classification given to Stone Grove which was approved in 1985 was adopted by an ordinance that did not designate a land use under the planned development. This means that the property basically has an "empty" zoning category that needs to be filled with a land use. We have been issuing building permits for single family structures using "SF-1"zoning standards and the property was apparently platted for "SF-1" structures. The Planning and Zoning Commission and Council need to hold public hearings to determine whether the PD zoning should: (1) remain "PD" and if so designate a single family land use and area requirements underneath that PD zoning. A list of proposed area requirements are attached based on the existing structures and the zoning requirements as we believe them to have been originally proposed for adoption. They are basically our "SF-1" requirements with additional masonry requirements. (2) be changed to "SF-1" OR "SF-2". There are no obvious reasons why the subdivision is zoned PD instead of "SF-1". It appears that the lots can meet minimum area requirements. We have provided the commission with a copy of the Stone Grove plat as approved, and a reduced copy of the plat indicating the developed lots. Also attached is a list of the structure sizes that have already been built. The Commission also requested a copy of the Stone Grove deed restrictions. These are attached as well. These are a few major differences in our SF-1 zoning and the Stone Grove Deed Restrictions. The Commission can adopt either requirement if you retain the PD zoning: DEED RESTRICTIONS SF-1 ZONING REQUIREMENT Front Entry Garage No Requirement 2000 sq.ft. dwelling 1800 sq.ft.dwelling Max. Height 36 ft. Max. Height 30 ft. Most of the lots belong to First State Bank of Wylie so only 17 public notices were mailed. Of those, one was returned by mail and we've spoken to several people on the telephone who have requested that we keep the development standards in line with what is already built. The area requirements we have drafted do not reflect the deed restrictions. Deed restrictions are a private contract that are not enforceable by the City. However, we do understand that there are some residents of Stone Grove who are asking the city to adopt at least one of their deed restrictions which prohibits front entry garages. While we cannot stop the front entry garage currently under construction, the PD could contain a provision that would require future residences to have rear or side entry garages. PROPOSED AREA REQUIREMENTS STONE GROVE PLANNED DEVELOPMENT APPROVED LAND USE Single Family Detached MINIMUM FRONT SETBACK 25 Feet MINIMUM SIDE SETBACK 8 Feet MINIMUM SIDE SETBACK ADJACENT TO STREET 25 Feet MINIMUM REAR SETBACK 25 Feet MINIMUM DWELLING SIZE 1800 Square Feet MINIMUM LOT SIZE 10,000 Square Feet MINIMUM LOT WIDTH 75 Feet at Building Line MINIMUM LOT DEPTH 120 Feet MINIMUM MASONRY EXTERIOR FACADE 90 Percent MINIMUM OFF-STREET PARKING Two Covered and Enclosed MAXIMUM HEIGHT 30 Feet MAXIMUM ACCESSORY BUILDING HEIGHT 15 Feet 1 rtv*.itmita ; ; 6_� 6 - 3 * 15 ! c Ms am 83-6 - ,'' 53I6 !pia (-;ft'S-FT M ........ 48 • is I •(1 III gig I • •'' �� 8 4 4 0 �; 8 5-71 - ' III 11111- : . ., ___ -- -- -_- _-- ' ' It, LtmitQ I,,,o A � 1----jr.!l I _.l 1 1 _11• r aim . t:l _ r S F 3 �• //� cFE T1Tf11TT[ljf - II -, ... , 2 . i J1 . 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',., 11 NN.s.; 84-30 ¢ 1 . 84-30 ISF - 1 ' ' ' 4 Pt'4P 'Pt, S2'ONl�GROVZ,' PI/ASE I weir 6rgu&Tag- S BLOCK A LOTS: ADDRESS: SQUARE FOOTAGE: 3A 1011 FOXWOOD 2560 9 1001 FOXWOOD 2581 10 1000 FOXWOOD ? 11 1002 FOXWOOD 2600 12 1004 FOXWOOD 3030 13 1006 FOXWOOD 3185 15 1010 FOXWOOD 2209 16 1012 FOXWOOD 2246 21 1022 FOXWOOD 2934 29 1009 HEATHERWOOD 2365 BLOCK B LOTS: ADDRESS: SQUARE FOOTAGE: 10/11 509 FOXWOOD 3801 12 505 FOXWOOD 3139 14 501 FOXWOOD 2841 19 403 FOXWOOD 2669 21 315 FOXWOOD 2795 27 303 FOXWOOD 2550 BLOCK C LOTS: ADDRESS: SQUARE FOOTAGE: 3 1004 HEATHERWOOD 2943 7 306 FOXWOOD 2911 BLOCK G LOTS: ADDRESS: SQUARE FOOTAGE: 1 300 W. A. ALLEN 3582 , . .- - - • Harry nbbks ,- I tgi I .• '4 . • •Ana#0//ow is/ales Norib--* * **••.•••"' • li01 ' 0 I tis IS, ' I NJ Phose Z • I I l I I 1 I NJ _I L / ig if - I ;.3 L.s. I / 4, 1 ,1 1 1 I 1 I 1 1 1 - _ ° ji • • -e.•1 '”,-2,1"----- • kJ, "••••••. 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"'•P'' i ,i,g' ‘ -4,. ,,,,// / 4. 4153'1/4 -a , 3. i•,/ .to't•f , 1 ' / ,./ i I I •‘k• -S ‘.%. 17'0 / Y 9/ • t / II MI NI 0 II 41 00 *0. • .01 /:.-- ' /•,.0 " .\ t 't v, -t,-, •,., ,,, --4! - t i i'or ' -.-.„4 ti -/' .f '.•tb ‘,4,44.___ __, _ I (po 1 49 It, , "LW Ai,.....1., .4 i• kl I4 AI mx. 1) It .26•••. - IP . • N. ' 7, sioke_ , ,.........;,_ . . :„ 1 I .4ffiti 1 ,,,,A .e°° ......bg.g/etZeib t,triS '11.z ,I 1 ° 1. • os.''' dilikit;h. * ft , . seswer.r..„,....5.--60.00 4,1 !.) a I • * / e " I u6 ' • • 8 490 WS' ,:I 4. MO. ... ' 0404 ii "4... I • .. i • aR41/6. • • • ` b 6,sfi ci/O/( 5 ;: • • Li• - a• • I- . L / �� ' ', i / PROTECTIVE COVENANTS •......•. .. . OF STONE GROVE DEVELOPMENT . I, THE STATE OF TEXAS ' ' THE COUNTY OF COLLIN ` . • Harold Spence ("Owner"), being the cwner of the real property ("Property") situated in Collin County, Texas, being described as: • c All of chose lots contained in that certain tract and parcel of land being Stone Grove, an addition tc the City of Wylie, Texas, '+,l according to map are plat thereof recorded in Volume G '' e - r' Page 1!3 of Map and Platt Records of Collin County, Texas ' •being more-/ully described in the attached Exluihit "A" which is • • incorporated herein by refer reference for Ail purposes. ' Owner had adopted an overall plan for the orderly development of the Property, and to implement such a plan desires to and does hereby adopt the following Protective Covenants rhich, together with any `L '.e. • . covenants and restrictions which may hereafter oy contained in leeds �r.' .. from the covenants running with the land and shall be upon any purchaser, grantee, owner or lessee of any land or building in the Property, and upon the respective heirs, executors, administrators, devises, successors � ' and assigns of each purchaser, g:antee, owner or lessee, and shall insure to the benefit of and be enforceable by the Owner and the Owner's successors and assigns: . .. 1. There shall not be constructed or placed upon any 1 . in the Property any structure except a single-family residenceoandiother • `e:.4.:, _'. attached and detached buildings reasonably suited to the residential .' �,• purposes of the main structure, none of whi_h shall exceed 36 feet ,. .- in height. ` h 2 Construction of new buildings only skill be permitted, it being ; the intent of this covenant to prohite t the moving of eny existing v • building onto lot and remodeling or convert top the same into n "''•;., -- _ y" dwelling ..wrlt upon the property. :' v 3. Any one-story residence erected shall have not less than ?OOO square feet of living area, excluding all pooch, patio and garage `y ' areas. Any two-story residence erected shall have not less than 2000 square feet of living area, exclusive of all and �.perches, patios garage areas. ' , 4. The exterior walls of themen structure erected on c lot shall d he a minimum of 75% of the total outside wall area of brick, brick veneer, atone or stone veneer. Carports, garages and other out-buildings '- • reasonably suited to the single-family _ 8 y residential purpose of the lot •. • .`• •,'.. .' . i ma} be of other material! other than metal, unless said garage or . other buildings are attached to the residence in which event the • computation of the 7S.ti minimum coverage of outside wall arca shall �'� include said attaches: garage .. .a, or other buildings. . i �. Co -/ i 97 • • , • ' Slo • ill: . • Ir. • / 2646 779 de PROTECTIVE (OVENAttiS . OF STONE GROVE DEVELOPHCNT 5. The roof of any structure shall be Composition, Tile or Cedar 1 • Shakes or shingles that have been treated fire ' approved the fire y retardant Composchemiitiondepartment rooTh to be of variegated pitch, we-therwood, gra;,tonc I appearance with a 240 lb. minimum. Zoof liner: of all resi- dences must be et a minimum 7/12 pitch or steeper. i 6. No garage or carport reall open, to the front of any lot. An • 'NO' . Automatic garage door opener may be required on any garage opering. aorta cache not to be n garreee or eerpert. ' •� 7. No building shall be located on any lot nearer to the front lines than the building lines established on the recorded slat above described. r• No main or out-building including,.but not limited to,garages,-carports; . t' r - and storage buildings shall be erected closer than the greater of ten *'>. ' (8 ) feet frun the sideproperty l±ne. On corner lots, buildings shall ' ue' be located to conform to the building line from the side street property P r line as indicated on the recorded lat. • • 8. No oil drilling, oil development operations, oil refining, . quarrying or mining operations of any kind shall be permitted upon or on any lot, nor shall oil well, tanks, tunnels, mineral excavation or shafts ny ot. No or for oarmitted upen or s in quarrying for oillor naturalrgaskshalltbererected,�maintailiede d �+ .• • • _eIt or permitted upon or on any lot. • 9. Trucks with conege in excess of ore 1.1) ton shall re-_ be permitted • to park overnight on the streets, driveways or of ewise within this • subdivision. '. 10. No vehicle of any size which transports • cargo may be kept in this Addition at anytime inflssssmatoty or explosive 11. No structure, fence, wall, hedge or shrub lantia� e• „ . • • sight lines at elevations between twogand six feep which restricts above roadways shall . • be placedpermitted to remain on any corner Jr'. within the triangular - - - by the street property lines, and a line connecting them at points 25 feet from the intersection of the street lines or in the case of a rounded property corner, from the intersection of the street property :,' line with the edge of a driveway. No trees shall be permitted to remain ` ,, • • within such distances of such intersections unless the foliage line is .;:'•,"_• ie _.. i , , � maintained et sufficient height to prevent obstruction of such sight • lines. Pertaining to Phase 1; Lot 1 of Block A, Lot 33 of Block A, fs e• • • • Lot 1 of Block B, Lot 28 of Block B, lot 1 of Block C, and Lot 8 of ` Block C and pertaining to Phase II; Let t of Block O and Lot lof Block F, ' rights are reserved by the owner to construct a ' • ` ► the property within the 25 foot x 25 foot easements t entry sign to asementa shown on the recorded ... .._. , • - plait. •. :.�, t.. .; Page a . s 7 • di 0 • • • • 26I16 780 • PROTECTIVE COVENANTS '. . OF STONE GROVE DEVELOPMENT r 12. No metal fencing of any type whatsoever, including but not limited - to cyclone, chicken wire, barbed wire, hog wire, etc. shall be allowed. • ' 13. Every residence constructed on any residential lot shall front on the street en which it is platted. 14. After the acceptance of the streets by the City of Wylie, lots • et. - $ .. .. .. must be kept moused and clear of underbrush so as not to be an annoyance. nuisance, or eyesore to the neighborhood. if the lot is not mowed and/or cleared within 10 days from receipt of notice the developer shall have the right to have the said lot mowed, cleared, cleaned-up or whatever else a' is necessary to bring the lot into conformance with this covenant. if the developer has to take action under the terms of this covenant then it shall be reimbursed by the lot owner for costs incurred. ' = 15. Constnution of any residence shall be completed v:thin one year ; from the date of the building permit. During and upon completion of any - • construction, the builder and owner of a lot shall be jointly and aevernlly responsible for the removal of any trash or debris that may hate been '• , thrown or placed on the premises or any adjoining property and shall leave street adjoining premises clean. ; •i 16. No structure of a temporary character - trailer, mobilehane, tent, shack, garage, barn or other building shall be used on any lot at any time as a residence either temporarily or permanently. No garage, servant f .. house, garage house, or outbuiluing shall be occupied by owner or • employee prior to the erection of the main dwelling. 17. No sign of any kind shall be displayed to the public view on any �. _ ' lot except one which is not more than five (5) square feet, rlvertiatng ;. �,. • the Property for sale or rent or signs used by a builder to advertise the Property during the construction and sales p.:riod. • . • i. 18. No noxious or offensive activity shall be carried on upon any lot nor ?henanything he done thereon wnich may be or nay become an annoyance or nuisance to the neighborhood. • ` ' 19. No trade or businens of any kind shall be conducted upon the ill ��. . .. Property of any part thereof. + 20. No lot shall be used or maintained as a dumping ground fur rubbish, trash, garbage or other waste trash; garbage or other waste _ ' shall be kept in sanitary containers. .I' • • • 21. No animals, livestock or poultry of any kind shall be raised, bred . or kept on any lot, except dogs, cats, or other household pets that may • be kept in reasonable numbers so lona as they do not constitute en annoy- . w • • truce or nuisance to the neighborhood and provided that theyare not kept, bred or maintained for any'ccemcrcial ourvoses. Anything pertaini,tg to Page 3 .. It ... . weµ ..-__--.. • a ' . • • • • ,.,mob ' • [y y . - • •.• 26� 6 78 1 'f .a.`:'. • PROTECTIVE COVENANTS 0' OF STONE GROVE DEVELOPMENT j this restriction is subject to all applicable City, County, State, and/or % Federal laws, rules or regulations. 22. No radio, television towers, aerial wires, satellite disc or other • similar apparatus shall be maintained on any lot that does not contain a - • residential structure, and no commercial towers for that purpose shall be �- , constructed. All television antennae and aerials shall be located inside ' the attic or 'alder the roof. Satellite dishr-s shall he screened within • nn opaque fence or landscaped area en be not to be visible fran outside e.'. the lot. ..e �: . • 23. The restrictions herein set out shall be referred to, adopted c and ,node a part of et.ary contract and deed executed by and en behalf of , the undersigned conveying said property or any part thereof to n11 such •intents and perpcutea as though incorporated in, full therein and eaLh such t't ��_• contract and deed :+hall be conclusively held to have berm executed. :te r ; t delivered, and accepted upon the expressed conditions herein staters. - 24. All the restrictions, covenants, resolutions, liens anal charges !A, ' •i •• ;' !., appearing herein, as well as those appearing in any centrac:t, deed or . other conveyance to or covering any part of this property, shall be ' construed together. If any one of the same shall be held to be invalid or for any reason it: not enforced, none of the other provisions shall - be affected or impaired thereby, but shall remain in full force and r`fect. 25. These covenants are to run with the land and shall be binding on all parties and all persons claimingthem for a period of thirty (3(1) `....: `` years from the date these covenants are recorded unless at any time after • said thirty year period sn instrument signed by a majority (by number of •'ite : ' lutz) of the then owners of the lots has been recorded, agreeing to change 4 said covenants in whole or in part. In Addition to the Owner and to the '.`' other parties for Whose benefit these covenants shall run, the owner shalt further have the authority to enforce any and all of the covenants and _ - • • conditions set forth in these Protective Covenants against any person " I • or persons violating or attempting to violate the same. The owr r and any other party for whose benefits t)e3e covenants shall run may enter , '' •• '' ..' proceeding, at law or in equity to restzaiu riolaciun of these Protective ,'}w..I: Covenants And to recover damages for the breach or violation thereof. `• Not virhstendi.ng any express or implied term or provision hereof, the • owner shah1 never be obligated to enforce any provision hereof arxi failure ` to do so shall never he grounds Der any liability for or recovery of any '•, • damages rgainst Owner. ' • • ' ' , 26. All construction shall comply with all applicable zoning ordinances. " " ,� building cedes, fire codes. and any ether laws, ordinrncee or regulations of any applicable governmental body or agency including but not limited r :; tc: city, ccxmty, state and federal governments or agencies. • Page 4 • • ' •.� 4 11 ilr-1 . . Ilc . .IL . .. .. ...r ,, - , /1.. 2646 782 ;t: PROTECTIVE COVENANTS r ' ti • OF STONE GROVE DEVELOPMENT • ; '. 27. The Developer and Dedicator reserve the tight, so long as it is the • • owner of fifty—onepercent (51%) or moreof the lots in the property, • to amend, revise, or abolish any one or m•+re of the foregoing restrictions, and to revise the plat of such subdivision by 2nstnsnent duly executed and acknowledged by the Developer in the Deed Records of Collin C ,ty, Ir :x Texas end the City of Wylie. , 28. No autanoti•.•e maintenance or repair of any kind whatsoever shall be permitted outside •.f the enclosed garage. - :. FPCECI1TF.11 than the_Jo day of 1.4......__IL- . 1987 3 ;tis--. .j By • STATE OF TEXAS 1 • •• COUNTY OF COLLIN I • TLie Instrument was acknowledged before me on the loth day of June. 19R7. •,f F. — by HAROLD SPENCE. ....I:• ', • My Commission 'moires: No:. State o Texsa Notary's printed name: '••v.}- . � I ow,Met 201111144. �.." Pptr+.r,:s Esrey W u try 'WI PROVISION.MEM ENiI al RESTRICR 1111 S N •' RENTAL OR USE OF ENE DESCRIBED REAL PBOPFRTF ,,•., BECAUSE OF COLOR UX RACE IS INVALID AND • FORCEABLE UNDER FEDERAL U1. . •: ' . t AFTER RECORDING RETURN TO: e • ±. Coaweree Title Company '� l ., -, P.O. dos 1180 ' • • e �. Wylie, Texas 75098 Page 5 II : • • • .i ' ` /(,) CITY OP' WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a proposed amendment to the Comprehensive Zoning Ordinance to amend a Planned Development known as the Stone Grove Addition, as adopted in Ordinance 85-60, located on Stone Road. The proposed amendment would amend the Planned Development to establish minimum area requirements and land uses as required by the Zoning Ordinance within the boundaries of the subdivision known as Stone Grove and further described on the reverse of this page. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-1-Z I am opposed to the proposed change for the following reasons: XI am in favor of the proposed change for the following reasons: 1. L ect�-2 to* s t s a s t 0-atr(Cil wt S 2. CA v L k.0 SO Z-t s G i h O.a-t CZ P4 llikc- c, 3. 1 Akre re (c)-( .-CQ lies krt. c+(/y 1 LtLA Signature Printed Name DAY( . 57er NS- - Address I ocxo i , (A)00,) Z IA City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 6/22/93 4 Appointment with Raynette Cox Regarding Windsor Drive and Masonry Requirements SUMMARY OF SUBJECT: Ms. Cox plans to bring a group of citizens with her to object to the current masonry standards in residentially zoned areas. The ordinance requires 75% masonry and 50% on the front face. A home at 123 Windsor has generated some neighborhood objections due to its front fact of approximately 50% siding. The Planning and Zoning Commission will discuss this on Monday night and hearings could be held in July to amend the ordinance and provide a SUP process for structures unable to meet a higher masonry standard. ALTERNATIVES: There is no action needed as a result of this agenda item. Public Hearings will be advertised this week to amend the Zoning Ordinance. This does not presume that the Council and Commission will amend the ordinance. It does, however, give them - the opportunity to amend the ordinance after receiving public input. ACTION REQUESTED: I , . REQUEST TO BE PLACE ON AGENDA Date of next Council Agenda _ _D1Z 4q,5 1 . Rare-i-le. COX wish to speak to the City Council for the reason listed below: —The, hme, a+ iiz Winc 5or Dr% ve. } V11 IiCreS'tQ Lh c h C a a_►suL__bs*_{h.e 3+or na o rt S TA Lq3 i 5 no-t- b ee i n r VC9Q1,,±r uC4 eta +c meet p r eAt Dui bui id nc 5±0ndard Thank you, LA Si gnat re Street LU4U.k.or 1S092 City, State Zip Code (ZA 44z- 5UQ1 Phone Number SECTION III That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1 of Chapter 12 of the Wylie City Code be, and it hereby is, further amended by addition of the following section, to be known as Section 25.7 Minimum Structure Exterior Wall Standards.: "Section 25.7 The exterior wall standards for construction in the various districts shall be in accordance with the following standards: 25.7.1 Exterior Wall Standards, Residential A. Exterior wall construction for structures of two stories of less chall consist of a minimum of 75% masonry or masonry veneer. Masonry and masonry veneer shall be defined as brick, stone, decorative concrete block or as otherwise approved by the Building Official. The construction standards applies only to the first floor of a building in the following districts: A SF-1 SF-2 SF-3 MF 2F SF-A B. No single wall face of any residence shall contain less than 50% of it's exposed surface of masonry construction as herein specified. C. Exterior walls construction for all residential uses in districts where permitted other than those listed above shall meet the requirements of this section. D. Where more than 60% of existing number of residential structure along both sides of a street and lying between the two nearest intersecting streets do not meet the above minimum standards, the Building Official may allow new construction to be equal to that majority existing, but in no case less than required by the Uniform Building Code. 25.7.2 Non Residential Exterior Wall Standards A. Minimum exterior wall standards for non residential structures shall be of at least 75% brick, stone brick veneer, custom treated tilt wall, decorative concrete block, glass. These standards shall apply to any wall or portion of wall fronting, siding or backing upon a thoroughfare, and on all walls facing or abutting residential zoned districts. 4 City of Wylie AGENDA COMMUNICATION " SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 6/22/93 5 Appointment with Joanne Holtzclaw with TCI - Regarding Changes in Cable Service SUMMARY OF SUBJECT: Attached is a memorandum from the City Manager Regarding the changes in the TCI cable service. The memo outlines the channels that Wylie residents will lose and the cost break TCI proposes to provide for Nickelodeon. M ALTERNATIVES: I ACTION REQUESTED: I I MEMORANDUM DATE June 18, 1993 TO Mayor John Akin and City Council FROM Steve Norwood, City Manager SUBJECT TCI Cablevision As next Tuesday's regular City Council meeting,JoAnn Holtzclaw of TCI Cablevision will be here to explain the changes in the cable system for Wylie. Attached are the following: 1.) News Release June 16, 1993 2.) A letter to the City from JoAnn dated June 16, 1993 3.) Previous correspondence on FCC Cable Act, September 1992 4.) Copy of the Law regarding "must carry" 5.) Current Cablevision line up as of 6/10/93 The FCC requirements are favorable to cities in some respects. Cable carriers around the country are required by federal law to carry "must carry" channels. In doing so, many cities were nearly "maxed out" as far as number of stations allowed. Fortunately, Wylie had approximately two stations remaining on its capacity. As of July 6, 1993, the City of Wylie citizens will loose three channels, QVC, MTV and CNBC. These three stations were the least watched and desired among residents here in Wylie. Previously AMC was to be deleted. After careful reconsideration TCI chose not to delete this station. The city received new channels, most of which were independent broadcasters and PBS. Furthermore, TCI will not be charging residents the 25-cent fee for Nickelodeon. In talking with TCI representatives, it is very clear that they opposed this legislation because, "must carry" means that some stations must be sacrificed. It is my feeling that TCI has done everything within the scope of the law to work with the citizens here in Wylie. The stations being deleted are not really popular except for MTV, possibly. However, AMC is being restored and Nickelodeon will be provided at no extra cost. Please understand that there may be further changes in the future since cable carriers have until October of 1993 to make changes. These changes may come from the federal level, not the individual cable carriers. JoAnn will be here Tuesday night to better explain the impacts of the cable system on our Wylie citizens. Contact: Ronda Dorchester 1I TCITCI Cablevision sion ofof DallasNorth,Inc.Texas SM,�I (214) 320-7543 TCI Cablevision of the Metroplex We're taking television into tomorrow. NEWS RELEASE FOR IMMEDIATE RELEASE June 16, 1993 TCI CABLEVISION OF NORTH TEXAS TO CHANGE LINEUP TO MAKE ROOM FOR LOCAL BROADCASTERS Dallas, Texas, (June 16, 1993) -- TCI Cablevision of North Texas announced today that it must change its channel lineup to make room for local broadcast stations that the system is now required by law to carry. In the Wylie and Sachse areas, stations KLDT, KFWD, KDTN, KUVN and KDTX will be added to our system. To make room for these new stations the system will have to delete QVC, MTV and CNBC from the system and change the positions of Sneak Prevue (to 3) , KXTX (to 7) , The Family Channel (to 26) , The Weather Channel (to 20) , WTBS (to 29) and Lifetime (to 35) . TCI Cablevision of North Texas which serves McKinney, Allen, Stonebridge, Southfork, Princeton, Wylie, Sachse and St. Paul will take this action on July 6, 1993 to comply with the "must carry" provision of the 1992 Cable Act, which was adopted by Congress last October. Under the "must carry" regulation, cable operators are required to carry all qualified local television broadcast stations. "We regret any inconvenience this may cause our customers and we are doing our best to avoid disruptions, " said General Manager Joann Holtzclaw. "However, since we have limited channel capacity, we need to delete an existing cable channel to make room for the 'must carry' stations. " - More - Contact: 1565 Chenautt Street Dallas,Texas 75228-5499 An Equal Opportunity Employer Contact: Ronda Dorchester s.K1 TCI Cablevision of Dallas,Inc. TC I TCI Cablevision of North Texas TCI Cablevision of the Metroplex (214) 320-7543 We're taking television into tomorrow. NEWS RELEASE Holtzclaw explained that a telephone survey of customers was conducted to determine the system's least-watched channels. Those channels turned out to be QVC, MTV and CNBC. Holtzclaw added that new cable technology will greatly increase channel capacity in the next few years. At that time the system may be able to reinstate some channels. In addition, the new Cable Act provision may mean other changes for TCI Cablevision of North Texas viewers down the road. Qualified "must carry" stations are entitled to specific channel positions, even if those positions are already in use. As a result, TCI Cablevision of North Texas may need to reposition certain channels several times. It is expected that a final channel position lineup will be in place by October 1. TCI Cablevision of North Texas is committed to developing a good working relationship with our local broadcasters, while at the same time minimizing the inconvenience and confusion to our viewers, " said Holtzclaw. "We will continue to provide top-quality programming and service to our customers. " TCI Cablevision of North Texas customers have been given notice of the channel changes. The system also notified local television programming guides about the new channel lineup. — 30 — Contact: 1565 Chenault Street Dallas,Texas 75228-5499 An Equal Opportunity Employer - We're taking television into tomorrow. _ SAA TO C@b|eV's'{}nof Texas, Inc. � June 16. 199� � Citv of Wylie P. D. Box 428 -- Wylie, Texas 75098 Dear Mr. Norwood , � 1 understand the concerns voiced by you in our recent telephone conversation. I would like to make certain that the city officials and citizens of Wylie are well aware that TCI fought ~ this legislation vigorously. We felt that it would impact our subscribers and the industry negatively in a number of areas. ~ I am enclosing several items which will enable you to more clearly understand TCI ' s prospective regarding the action which the 1992 cahle act has made necessary. I would particularly like _ to bring your attention to the letter dated September 10' 1992 which was addressed to Mayor Akin. This letter details a number of our concerns including the forcing of cable operators to dryp _ popular cablc networks in favor of additional local broadcast net"orks. Please also note that in this letter , we urged you to contact your CongressmEn to vote no to this form of cable regulation. Also enclosem is a copy of a press reLaase again -~ stating tne concerns of the cable i ,2ustry and a coPy OF the Section cf the act which details the carriage requirevavts, Although TCI opposed this legislation prior to its passage . we are 70w taking all :ecessary action to comply fully. We will continue to do so as the calendar triggers further measures. TCI Cablevision of North Texas, Inc . is committed to serving its ~ comn,un1ty and subscribers and will attempt to cause as little disruption and inconvenience as possible while acting as directed by the law. _ If I can assist you in further understanding the details of this act I would appreciate the opportunity to do so. � Sincerely , ~ � J�Ann HoltzcIaw 3eneral Manager ~ '~ n Prestige Circle,Suite 1m Allen,Tx75002-342s ~ (e14)727*723 FAX(214)n90-7s10 We're taking television into tomorrow. felICI Cablevision of Texas. Inc. September 10, 1992 The Honorable John Akin Mayor, City of Wylie 2000 N. Highway 78 Wylie, TX 75098 Dear Mayor Akin: It has come to our attention that there are some serious misconceptions with regard to cable legislation (S. 12 and HR4850) currently being considered in a joint Congressional conference committee. First, and perhaps most importantly, this bill could raise, not lower, monthly cable rates for the 1, 314 subscribers in Wylie. Indeed, the U.S. Department of Commerce estimates that this legislation could mean increased costs of $23 to $51 per year for each cable subscriber. While cable legislation may have started out as consumer protection legislation several years ago, it is far from "consumer friendly" today. Rather than protecting consumers, this bill has become a boondoggle for our competitors which will stifle investment and innovation in the cable industry. Let me give you just a few examples of how this might occur. First, the Senate bill contains retransmission consent provisions which would allow the broadcasters to demand compensation for carriage of their "free" signals. CBS Chairman Laurence Tisch testified before a House subcommittee that retransmission fees could reach $1 billion a year. The effect of this provision would be to divert funds from the development of new and innovative cable technology and programming to pay for over-the-air "free TV" . Cable operators would have no choice but to pass such a massive new expense on to subscribers. Second, the bill's "forced program access" provisions mandate that - cable networks sell their programming to all interested parties. The effect of this legislation would be to deny cable networks the right to determine who gets to purchase their product, as well as to set the price, terms, and conditions under which their programming will be made available. This is an unprecedented denial of cable programmers' intellectual property rights. No other media industry is required to sell its copyrighted property to all comers - not even the broadcasters, whose programming rights are protected under FCC rules. :11 542 The Honorable John Akin September 10, 1992 Page Two Additionally, the impact of the federal, state and local regulations imposed by this legislation will be felt by all taxpayers. The following statistics are those of the Federal government: * The Federal government will spend at least $100 million to implement the regulatory provisions of this legislation for the first five years. (Congressional Budget Office) * State and local governments are expected to spend another $8-14 million per year to fulfill their regulatory responsibilities. (Congressional Budget Office) * Up to 44% of the FCC's current budget could be spent solely on regulating the cable industry. (Department of Commerce) Other legislative mandates would include: * forcing cable operators to install federally designated equipment, such as set-top converters, in all subscriber homes. * reserving up to 15 channels of a 36 channel system for broadcast networks, forcing operators to drop popular cable networks such as CNN or C-Span. Only 9 of the 83 pages of the Senate bill dealt with rates, customer service and picture quality. The House version is very similar in its approach. The overwhelming remainder of both bills is devoted to provisions fueled by our media rival's attempts to gain a competitive advantage on the cable industry. This legislation is extreme. The cable industry has acknowledged there might be a rationale for some rate guidelines. However, the cable reregulation bills impose so much regulation that they will end up levying heavy costs on the industry, and driving rates up for consumers. We urge you to contact your Congressmen to vote no to this form of - cable regulation legislation. Please don't add cable to the growing list of depressed industries, which will likely happen if Congress passes this excessive regulation. Sincerely, athi Noe Area Manager, Government Affairs PUBLIC LAW 102-385—OCr. 5, 1992 106 STAT. 1471 the receipt of such video programming, other than (A) video programming carried on the basic service tier, and (B) video programming offered on a per channel or per program basis.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 47 USC 543 note. shall take effect 180 days after the date of enactment of this Act, except that the authority of the Federal Communications Com- mission to prescribe regulations is effective on such date of enact- ment. SEC.4.CARRIAGE OF LOCAL COMMERCIAL TELEVISION SIGNALS. Part II of title VI of the Communications Act of 1934 is amended by inserting after section 613 (47 U.S.C. 533) the following new section: "SEC. 614. CARRIAGE OF LOCAL COMMERCIAL TELEVISION SIGNALS. 47 USC 534. "(a) CARRIAGE OBLIGATIONS.—Each cable operator shall carry on the cable system of that operator,the signals of local commercial television stations and qualified low power stations as provided by this section. Carriage of additional broadcast television signals on such system shall be at the discretion of such operator, subject to section 325(b). "(b)SIGNALS REQUIRED.— "(1) IN GENERAL.—(A) A cable operator of a cable system with 12 or fewer usable activated channels shall carry the signals of at least three local commercial television stations, except that if such a system has 300 or fewer subscribers, it shall not be subject to any requirements under this section so long as such system does not delete from carriage by that system any signal of a broadcast television station. "(B) A cable operator of a cable system with more than 12 usable activated channels shall carry the signals of local commercial television stations, up to one-third of the aggregate number of usable activated channels of such system. "(2) SELECTION OF SIGNALS.—Whenever the number of local commercial television stations exceeds the maximum number of signals a cable system is required to carry under paragraph (1), the cable operator shall have discretion in selecting which such stations shall be carried on its cable system, except that— "(A) under no circumstances shall a cable operator carry a qualified low power station in lieu of a local corn- _ mercial television station; and "(B) if the cable operator elects to carry an affiliate of a broadcast network (as such term is defined by the Commission by regulation), such cable operator shall carry the affiliate of such broadcast network whose city of license reference point, as defined in section 76.53 of title 47, Code of Federal Regulations (in effect on January 1, 1991), or any successor regulation thereto, is closest to the prin- cipal headend of the cable system. "(3) CONTENT TO BE CARRIED.--(A) A cable operator shall carry in its entirety, on the cable system of that operator, the primary video, accompanying audio, and line 21 closed caption transmission of each of the local commercial television stations carried on the cable system and, to the extent tech- nically feasible,program-related material carried in the vertical blanking interval or on subcarriers. Retransmission of other material in the vertical blanking internal or other nonprogram- related material (including teletext and other subscription and B-12 TCI CABLEVISION OF NORTH TEXAS SACHSE/WYLIE CURRENT CHANNEL REPOSITIONING CHANNEL AS OF CHANNEL LINE—UP /DELETIONS JULY 6, 1993 2 Reserved KDTN (PBS-2), 3 KXTX (IND-39) To Channel 7 SNEAK 4 KDFW (CBS-4) 5 KXAS (NBC-5) 6 THE MOVIE CHANNEL 7 SNEAK To Channel 3 KXTX (IND-39) 8 WFAA (ABC-8) 9 KDAF (IND-33) 10 DISNEY 11 KTVT (IND-11) 12 KTXA (IND-21) 13 KERA (PBS-13) 14 ENCORE 15 KDFI (IND-27) 16 SHOWTIME 17 WTBS To Channel 29 KDTX (IND-58) 18 The Weather Channel To Channel 20 KLDT (IND-55) 19 Lifetime To Channel 35 KFWD (IND-52) 20 QVC Delete The Weather Channel 21 HBO 22 CINEMAX 23 The Family Channel To Channel 26 KUVN (IND-23) 24 WGN 25 CNN 26 MTV _ Delete The Family Channel 27 Discovery 28 TNN 29 CNBC Delete TBS 30 AMC 31 TNT 32 HSE 33 USA 34 ESPN 35 Reserved Lifetime 36 Nickelodeon 60 REQUEST Pay—Per—View 61 REQUEST Pay—Per—View Revised 6/10/93 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Manager DIRECTOR: Steve Norwood DATE REFERENCE NO. SUBJECT 6/22/93 6 Ordinance Amending TU Franchise Fee SUMMARYQF.$acnied is an ordiance provided by TU Electrict to amend the franchise fee from /t�hjree percent to four percent and to extend the term of the franchise an additional fifteen years to our existing agreement. We would propose that Council approve the ordinance which does not obligate the City to extend the franchise an additional fifteen years. However, we only just received this ordinance and the City Attorney has not had opportunity to review it. ALTERNATIVES: (1) Approve Ordinance (2) Table Approval (3) Deny Approval (4) Approval Alternate Ordinance Drafted by City Attorney AdISItifF4MilTrWithhold a recommendation until the City Attorney makes sure that the ordinance provided by TU does not remove any of our options or benefits. -If the TU I ordinance is not satisfactory, we will provide an alternate ordinance for Council to consider. 0 ._ p't'- year _ ,'e C 0 Vey ' CC 1 i)` ,a-` 1A- f��s / 40 ' - 4r /NANCE NO. Q/ I - ; ,r ' ` dEXISTING FRANCHISE BETWEEN p,HE CITY AND DIFFEREN'T E TO PROVIDE FOR FOR ,, .44)f` k ' =x A"". , ,;-0 RIC COMPANY EFFECTIVE DATE; PROVIDING ` AN ELECTRIC FINDING AND /-• • . 'x INGCOMPANY -' - -,-,00 T. UTILITIES C . ,- r ";- MEETING AT WHICH THIS ORDINANCE RDINDECLARINGEAI EMERGENCY. PASSED IS e� � K. �" S REQUIRED BY LAW; AND ti» k � an (hereinafter called 4/0 / `-' has Utilities Electric Company electric _` ' providing is engaged in the business of "TU Elea_ /- the public streets, utility service within the City and is using grounds and rights-of-ways within the City for that purpose alleys, passed by the terms of a franchise ordinance heretofore duly b under accepted by TU Electric the governing body of the City and duly and WHEREAS, TUElectric has, pursuant to said franchise ordinance, been paying to the City a sum equal to three percent gross receipts from the retail sale of electric p h (3%) of its g rivileges set fort and energy within the City for the rights and p said franchise ordinance and, in addition thereto, has in ursuant to Section reimbursed the City for its ratemaking expenses p 24 of the Public Utility Regulatory Act; and WHEREAS, the City and TU Electric desire to amend said provide for a different consideration to franchise ordinance to P of its gross receipts consist of a sum equal to four percent (4%) from the retail sale of electric power and energy within the City, other things, TU which different consideration includes, amongfor its ratemaking and Electric' s obligation to reimburse the City other regulatory expenses to be incurred by the City involving the regulation of TU Electric; Now, Therefore, BE IT ORDAINED BY THE CITY OF THE CITY OF , TEXAS : SECTION 1 . The consideration payable by TU Electric for the rights and privileges granted to TU Electric by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric is hereby changed to be four percent (4i) of its gross receipts from the retail sale of electric power and energy within the corporate limits of the City, said changed percentage to be applied to said gross receipts beginning on June 1, 1993, and being payable as specified in said franchise ordinance and based upon the same time periods as specified in said franchise ordinance and being payment for the said rights and privileges during the period specified in said franchise ordinance, said payment being in lieu of and shall be accepted as payment for all of TU Electric' s obligations to pay municipal charges, fees, rentals, pole rentals, wire taxes, inspection fees, easement taxes, franchise taxes, certain regulatory expenses under Section 24 of the Public Utility Regulatory Act or any similar or successor law, or other charges and taxes of every kind, except ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements . -2- SECTION 2 . TU Electric shall make a one-time adjustment to the first payment due after June 1, 1993 , under the said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric for the purpose of making the changed consideration as specified in Section 1 hereof effective on June 1, 1993 , without altering the payment dates specified in said franchise ordinance, the amount of said adjustment being calculated as follows : (a) TU Electric shall determine the monthly average of its gross receipts from the retail sale of electric power and energy within the City during the period upon which the next franchise payment due to the City following June 1, 1993, is based; (b) the said monthly average of its said gross receipts shall be multiplied by 1% (0 . 01) ; and (c) the product so calculated shall be multiplied by the number of whole months from June 1, 1993, through the last day of the last month of the period for which the next franchise payment due to the City following June 1, 1993 , is made. The amount of said adjustment shall be added to the said next franchise payment following June 1, 1993, determined in accordance with the provisions of said franchise ordinance as was in effect prior to this amendment . SECTION 3 . Notwithstanding anything to the contrary in Section 1 hereof, if TU Electric files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by TU Electric under Section 24 of the Public Utility Regulatory Act or similar or successor law, in excess of $4 million, then in such event, TU -3- Electric shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period ended fifteen (15) years from the effective date hereof in excess of said $4 million. The term "general rate case" as used in this Section means a rate case initiated by TU Electric in which it seeks to increase its rates charged to a substantial number of its customer classes in the City and elsewhere in its system and in which TU Electric' s overall revenues are determined in setting such rates . City agrees to exercise reasonable best efforts, considering the facts and circumstances, to keep its expenses on average to under $1, 000, 000 per general rate case . SECTION 4 . Notwithstanding the provisions of Section 1 hereof, TU Electric will continue to reimburse the City' s ratemaking expenses, if any, in connection with the appeal and any remand of Public Utility Commission of Texas Docket No. 9300 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act, and will continue to reimburse the City' s ratemaking expenses, if any, in connection with Public Utility Commission of Texas Docket No. 11735 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act to the extent that said ratemaking expenses are incurred through the entry of the last action by the Public Utility Commission of Texas (i .e. , the said Commission' s order overruling the last motion for rehearing) in said Docket No. 11735 ; the City hereby agrees that any ratemaking expenses incurred in connection with said -4- Docket No. 11735 that the City incurs on appeal of said order will be the City' s sole responsibility and further agrees -- in the events that the City is a participant in the joint intervention of cities managed by the Steering Committee of TU Electric Service Area Cities intervening in Docket No. 11735, that the City decides to continue to participate with the Steering Committee in such appeal of said order, and TU Electric is required to reimburse said Steering Committee for ratemaking expenses under Section 24 of the Public Utility Regulatory Act that are incurred on appeal of said order in Docket No. 11735 -- to reimburse TU Electric the City' s share of reimbursable expenses related to said appeal and owed by TU Electric to said Steering Committee determined by the methodology chosen by the said Steering Committee (the City to notify TU Electric of the method so chosen by the Steering Committee prior to the submission of an invoice by the Steering Committee for the payment by TU Electric of said reimbursable expenses related to said appeal) . SECTION 5 . In all respects, except as specifically and expressly amended by this ordinance, the said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 6 . This ordinance shall take effect from and after its -5- final passage and TU Electric' s acceptance. TU Electric shall, within fifteen (15) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council : Texas Utilities Electric Company (TU Electric) , acting by and through the undersigned authorized officer, hereby accepts, on this the day of , 1993 , Ordinance No. amending the current franchise between the City and TU Electric . Further, in recognition of the fact that the current franchise between the City and TU Electric terminates prior to the expiration of fifteen (15) years from the effective date of said amendment, TU Electric hereby agrees to negotiate in good faith with the City for a new franchise to be effective on or before the termination of the current franchise and to include in said new franchise a provision that will give the City the full benefit of the fifteen (15) year period provided for in Section 3 of said amendment . TEXAS UTILITIES ELECTRIC COMPANY By: President SECTION 7 . It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 8 . An emergency exists necessitating the suspension of any rule requiring multiple readings of this ordinance and all multiple readings of this ordinance are hereby waived. -6- PASSED AND APPROVED BY THE CITY OF THE CITY OF , TEXAS, this the day of , 1993 . Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney -7- City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: FN P . DF I TFR DATE REFERENCE NO. SUBJECT 6-17-93 7 AMENDMENT OF ANIMAL RESTRIANT REQUIRMENTS SUMMARY OF SUBJECT: THE CITY ' S CURRENT LEASE LAW ALLOSW AN ANIMAL TO BE IN PUBLIC WITHOUT ACTUAL PHYSICAL RESTRAINT, IF THE ANIMAL IS OBEDIENT TO THE COMMANDS OF THE I PERSON IT IS WITH. DUE TO CITIZEN COMPLAINTS AN ORDINANCE HAS BEEN PREPARED WHICH AMENDS THE CODE TO REQUIRE ACTUAL RESTRAINT . THE ORDINANCE ALSO PLACES A LIMIT ON THE NUMBER OF ADULT ANIMALS WHICH MAY BE KEPT AT A RESIDENCE. THERE IS CURRENTLY NO SUCH RESTRICTION AND A PERSON COULD HAVE AS MANY ANIMALS AS THEY MIGHT DESIRE . MOST CITIES IN COLLIN COUNTY HAVE SIMILAR ORDINANCES AND LIMIT THE TOTAL NUMBER OF ANIMALS TO THREE. ALTERNATIVES: 1) PASS ORDINANCE AS PRESENTED 2) PASS ORDINANCE AFTER MAKING MODIFICATIONS DEEMED APPROPRIATE 3) DECLINE TO PASS ORDINANCE ON SUBJECT - TAKE NO ACTION ACTION REQUESTED: ALTERNATE 1 "ADOPTION OF ORDINANCE REQUIRING ACTUAL PHYSICAL RESTRAINT OF ANIMALS AND PLACING A LIMIT ON THE NUMBER OF ADULT ANIMALS WHICH MAY BE HARBORED AT A RESIDENCE" I , 1 1 MEMORANDUM TO: City Council Ook- 1101411111 FROM: Steve Deiter SUBJECT: Amendment to "Leash Law" DATE: June 16, 1993 A citizen recently expressed a conc- i to Councilwoman Allen regarding the City's animal control people not wanting to enforce the City leash law. The problem being that the animal control people are interpreting the current code provision on restraint(see attached copy) to say than an animal under voice command or control is "restrained" as required by the ordinance. The same citizen was in to see me. In discussing the matter with him I read the above referenced section and another section (see attached copy) which defines the word restraint as it is used in the code. As you can see the code itself says that if the animal is under voice control it he is restrained. The citizen was satisfied that animal control people had been correctly interpreting the City Code but thought the code should be changed. The obvious problem, and the reason the citizen was concerned, is summed up in the "Far Side" cartoon which I came across minutes before typing this memo, and altered ever so slightly to fit the situation (see attached copy). Councilwoman Allen has requested the code be changed so that it requires actual physical attachment of the animal to satisfy the restraint requirement. I have drafted an ordinance which accomplishes the desired change by simply changing the definition of restraint A copy of the proposed ordinance is forwarded herewith for your consideration. Sherry Brennen collected copies of surrounding Cities' (Murphy, Allen, Plano, and Garland) leash laws for comparison. All of the surveyed cities have a requirement of actual physical restraint, and do not allow for restraint via voice control. The City's animal control laws should also be amended in at least one other particular, that of placing a limitation on the number of adult dogs or cats that may be kept at a given residence within the City. Currently the City Code has no such limitation and an owner could keep a dozen or even more dogs and/or cats at their residence. In talking with the animal control office on the above issue she suggested that the City pass some type of ordinance placing a limit 1 such numbers. She stated that people had actually asked her what towns in the County didn't have such a limit, for the purpose of finding out where they might want to move. She of course has to tell them that Wylie has no limit. On the chance that the Council would like to take action on this issue as well, I included a provision in the proposed ordinance creating such a limitation. The ordinance prohibits the harboring of more than five adult dogs and/or cats per household. The number is an arbitrary one and if the Council prefers a number that is lower or higher the ordinance can easily be changed to reflect the change. As usual I welcome any questions, comments, or concerns which you might have on this issue. cc: Steve Norwood 2 (f) Identification Photograph. All (b) No person shall give away any animal as a owners of registered pit bulls shall prize for,or as an inducement to enter any contest, provide to the city two (2) color game or competition,or as an inducement to enter photographs of the registered animal in a place of amusement, or offer such animal as an two(2) different poses showing the color incentive to enter into any business establishment and approximate size of the animal. whereby the offer was for the purpose of attracting trade. (g) Reporting Requirements. All owners of registered pit bull dogs shall, within (c) No person shall knowingly expose any known ten (10) days of an incident, report the poisonous substance, whether mixed with food or following information in writing to the not, so that the same may be eaten by any pet or city: domestic animal. (1) Removal from the city or death (Ord.87-57 adopted 10-13-87,Sec. 19 of said dog; (2) Birth of offspring; § 18.00 RESTRAINT* (3) New address if owner moves within the city. (a) All animals shall be kept under restraint. (b) That the city council shall, by resolution (b) No animal shall be permitted to run at large. ratify all fees and charges to be collected under this .� chapter for the registration, impoundment, (Ord.89-2 adopted 1-10-89,Sec.7) boarding of animal, and for the pick up of dead animals at veterinarian hospitals or clinics. § 19.00 3 DIM DIN!lilfilc si.Zme+•,isna" (Ord.89-2 adopted 1-10-89,Sec.6) jV UI S A NC F,S t § 16.00 J.IYFSTOC'K & FOWL Every owner shall exercise proper care and control of his or her animals to prevent them from (a) No person shall engage in keeping livestock becoming a public nuisance. W within the corporate limits of the city, except in (Ord.87-57 adopted 10-13-87,Sec.21) districts zoned by the comprehensive zoning ordinance of the city as agriculture. No more than one(1) animal defined as being livestock per four § 20.00 t1NIMAI. WASTE, thousand five hundred (4,500) square feet of available space may be kept in any agricultural zoning district or residential lot of one(1)acre or (a) It shall be unlawful and considered a public - more in size. nuisance for any person to allow any pen, (b) It shall be unlawful to own or keep chickens, enclosure, yard or similar place used .for the ducks, turkeys, geese,peacocks,or guineas within keeping of animals to become unsanitary, the corporate limits of the city, except in offensive by reason of odor, or disagreeable to agricultural zoned districts, lakes,and public park persons of ordinary sensibilities residing in the lands vicinity thereof because of flies or other insects. Any condition injurious to public health caused by (Ord.87-57 adopted 10-13-87,Sec. 18) improper waste disposal will be considered a violation of this chapter. x. § 17.00 PROTECTION OF ANIMALS *State Law reference—Authority to order (a) Chickens or ducklings younger than eight(8) restraint of dogs and cats. V.T.C.A., Health & Safety, weeks of age may not be sold in quantities of less § 826.033-826.034. than ten(10)to a single purchaser. tState Law reference—Authority of city to define and prohibit public nuisances, V.T.C.A.. Local Government Code, § 217.042. 2-10 § 1.00 DEFINITIONS Pet shop — Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise,except The following words, terms and phrases, when for a licensed kennel, that buys, sells, boards, or used in this section shall have the meanings grooms any species of animal. ascribed to them in this chapter,except where the context clearly indicates a different meaning: Public nuisance — Any animal which molests passersby or passing vehicles, attacks other Animal—Any live vertebrate creature,domestic or animals, trespasses on school grounds, roams at wild. large, damages public or private property, barks, whines, meows, or howls in an excessive Animal control officer—A person designated by continuous,or untimely fashion. the city manager to represent and act for the city in the impounding of animals,controlling of animals Restraint—Secured by a leash or lead or under the running at large and as otherwise required in this control of a responsible person and obedient to that section. person's commands, or within the real property limits of its owner and under the control of a Animal shelter—A facility operated by the city for responsible person and obedient to that person's the purpose of impounding or caring for animals commands. held under the authority of this chapter or state law. Riding schoollstable — Any place which has available for hire, boarding, and/or riding At large— Off the premises of the owner and not instruction any horse, pony, donkey, mule, or under the control of the owner or another person burro. authorized by the owner to care for the animal by leash,cord,chain or rope. Vaccination — An injection of United States Department of Agriculture approved rabies vaccine Circus — A commercial variety show featuring administered every twelve (12) months or as animal acts for public entertainment. prescribed by the Texas Board of Health by a licensed veterinarian. Commercial animal establishment—Any pet shop, auction, riding school or stable, zoological park, Veterinary hospital/clinic — Any establishment circus,recurring animal exhibition or kennel, maintained and operated by a licensed veterinarian for surgery,diagnosis and treatment of diseases and Kennel — Any premises wherein any person injuries of animals. engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or (Ord.87-56 adopted 10-13-87,Sec.2) selling dogs and cats. Vicious animal—Any individual animal which has Livestock — All domesticated animals including, demonstrated an inclination, desire or intent to but not limited to, horses, cows, mules, goats, attack another animal or a person without sheep,and pigs. provocation as determined by the animal control warden and/or a licensed veterinarian. Owner— Any person, partnership. or corporation owning, keeping or harboring one (1) or more (Ord.89-2 adopted 1-10-89,Sec. 1) animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) Wild animal — Any live monkey (non-human consecutive days or more. primate), raccoon, skunk, ferret, fox, wolf, bear, leopard, panther, tiger, lion, lynx, or any other Performing animal exhibition — Any spectacle, animal which can be normally found in the wild display,act or event other than circuses in which state, including poisonous snakes, boa performing animals are used. constrictors, alligators, crocodiles and other reptiles. pet — Any animal kept for pleasure rather than Zoological park— Any facility other than a pet utility. shop or kennel,displaying or exhibiting one(1)or 2-3 „.. I FAR $IDI By Gary Larson •.. . :.:•:• • " ••••••• •• liii ii II •........ • .. • . ..• • . .. 4,1“ifam...„.11..4 . ”Oftsesag fru Poiie -. . •. .-. . .... . ::: --',. ---:•:-:-.•.-: 1 I II I i NM,.f ' a...• . . • • . —. 1 xt 1 ' Ills 4.. • 0.4i 1 • 1.. ... ' •..::::1:**:: i".?...7•11:*: • . Alpe.1 ril"i. 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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 1.0 OF CHAPTER 2 OF THE WYLIE CITY CODE BY CHANGING THE DEFINITION OF "RESTRAINT"AS THEREIN DEFINED AND ADDING A DEFINITION FOR'ADULT ANIMAL"; AND FURTHER AMENDING SAID CHAPTER 2 BY ADDITION OF A NEW SECTION LIMITING THE NUMBER OF ADULT DOGS AND CATS WHICH MAY BE KEPT BY A HOUSEHOLD; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the definition of animal restraint currently contained in the Wylie City Code is such that it includes within the definition those animals who are under the control of a responsible person and obedient to that person's commands; and, WHEREAS, the City Council has determined that allowing for restraint by voice command does not provide citizens with sufficient protection from animal attacks, due to the possibility that such animal may not always obey such commands, and therefore has determined to require actual physical restraint; and, WHEREAS, the City Council has, in its legislative capacity, further determined that it is in the best interest of the safety, welfare and enjoyment of the citizens to limit the number of adult dogs and/or cats or other animals which may be kept or harbored at a residence and therefore desires to place a reasonable limitation the number which may be kept; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 1.00 of Chapter 2, Animal Control, of the Wylie City Code be, and it hereby is, amended by deleting the current definition of "restraint" as therein contained and substituting the following in place thereof: "Restraint - Completely confined by a building, wall or fence of sufficient strength or construction to prevent the animals escape therefrom, except when such animal is either on a leash, or held in the hands of the owner or keeper with sufficient strength to control the animal, or under the direct supervision of the owner within the limits of the owners's private property or within an automobile or other vehicle of its owner. " 1 and by the addition of the following definition: "Adult Animal - Any dog, cat or other animal six months of age or older. " SECTION II That Chapter 2 of the Wylie City Code dealing with Animal Control be, and hereby is amended, by addition of the following section: "Section 23.00 Limitation on Number Q f Animals It shall be unlawful for any owner to harbor more than five adult animals of any kind or combination, unless such owner is lawfully operating a veterinary hospital/clinic,kennel, pet shop or zoological park. " SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V 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 VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. 2 SECTION VII The repeal of any ordinance, of 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 22nd day of June, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Manager DIRECTOR: Steve Norwood DATE REFERENCE NO. SUBJECT 6/22/93 8 Resolution Adopting Tax Abatement Guidelines S"lachea are t'ie tax abatement guidelines proposed for adoption by the City Council. It is our hope that by taking this first step towards developing economic development incentives, we can develop a cooperative program with the other governmental entities. .. i MANNAApprove Resolution (2) Table Resolution (3) Deny Resoluton Staff is reclaim-net-fluting that tl re City Ccunuil approve the resatution adopting tax AC b t l guidelines. vj S d�L1 (V; ( ( 71/;sic eve • I I Economic Development Incentives I. Purpose and Objective The City of Wylie is committed to the promotion of quality development in all parts of the city and to an ongoing improvement in the quality of life for it's residents. In so far as these objectives are generally served by the enhancement and expansion of the local economy. The City of Wylie will, on a case by case basis, give consideration to providing incentives as a stimulation for economic development in Wylie. Nothing herein shall imply or suggest that the City of Wylie is under obligation to provide any incentive to any applicant. All applications shall be considered on a case by case basis. H. Criteria for Economic Development Incentives: The following threshold criteria shall be used to determine whether any Economic Development Incentives shall be granted to new projects: 1.) The proposed project must create at least ten (10) or more jobs by the end of the abatement period. 2.) The proposed project must provide for an invest taxable assets within three (3) years from the commencement of construction. 3.) The project must meet all relevant zoning requirements. 4.) Generally to be eligible, a project must consist of an industrial, commercial, or warehouse use. In addition to the minimum requirements stated above, the following subjective criteria shall be considered prior to granting any economic development incentive. V 5.) Is the project consistent with the comprehensive plan with or of the City of Wylie? 6.) What types and costs of public improvements and services (sewer main extensions, streets, alleys, etc.) will be required of the City? What types and values of public improvements if any will be made by the applicant? The City of Wylie recognizes the importance of expansion of the existing business as ,, a key element in the economic development of the City. Therefore, different criteria for incentive eligibility have been developed for business expansion. In or eligible for abatement, an expanding business must meet the following criteria: 1.) The project must create ten (10) or more jobs by the end abatement period. 2.) The project must result in an addition of$500,000 in assessed value within the first year of the abatement. 3.) The project must also meet the criteria as stated p vio ly in this section. (1(-)141`d— ?(.2 HI. Types of IncentivesW I C f71' It is the intent of the City of Wylie to evaluate the offering of economic development incentives on a case by case basis. This individualized design of a total incentive package is intended to allow a maximum flexibility in addressing the unique concerns of each applicant while enabling the City to better respond to the changing needs of the community. Below is a chart which reflects the percentage amount to be abated: <MAX1MUIiAX ABATEMENT NEWLY CREATED VALUE OVER 5 YEAR PERIOD $3 million + 400% $2 million - $2,999,999 300% $1 million - $1,999,999 200% Abatements may be granted for terms from two to five (2 - 5) years but may be extended to the limits as specified by state law. Abatements of greater than five (5) years may be considered, only if it can be clearly demonstrated that it is economically beneficial to the City to do so. Abatement periods in excess of five (5) years must be approved by a three-quarter vote of the full City Council. The above chart reflects the maximum tax incentive to be eligible for over a period not to exceed five (5) years. No applicant may take a percentage greater than 100% in any given year. For example, the qualified applicant may choose to take the 200% abatement over a two (2) year period at 100% each year; or may extend it to 50% each year for four (4) years. The same method would apply to the 300% and 400% abatement. Please keep in mind that the percentages stated on the right are the maximum amounts. IV. Application Procedures Any person applying for Economic Development Incentives will be required to comply with several application procedures. Once the application has been completed, the application will be forwarded to the joint committee on economic development incentives consisting of elected officials from each of the taxing entities. V. Recapture The City of Wylie will have very specific performance standards that will be measured to ensure that the qualified applicant is adhering to the guidelines, as set forth, and the Economic Development Incentive Policy. In the event that the company or individual fails to keep current on ad-valorem or other taxes, or violates the terms and conditions of the abatement agreement in any fashion; the City of Wylie will have the option along with the other taxing entities, to recoup any tax monies that were abated. VI. Assignment The abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon approval of the City Council; subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed by the execution of a new contractual agreement with the City of Wylie. VII. Sunset Provisions The guidelines and criteria are affective upon the date of their adoption and will remain in force for two (2) years. At which time all reinvestment zones and tax abatement contracts created pursuant to its provisions, will be reviewed by the City Council of Wylie to determine whether the goals of the abatement program has been achieved. Based upon that review, the guidelines and criteria may be modified, renewed or eliminated. VIII. Note In order for Wylie to have a successful Economic Development Incentive Policy, the City of Wylie must receive cooperation from the other taxing entities, i.e., Wylie ISD, Collin County and Collin County Community College District. Should more than one (1) entity grant tax abatements, it would be my recommendation that a joint committee on tax abatement be established consisting of two (2) elected officials from each of the taxing units to review and consider each applicant. x`r THE J . D. RUSSELL COMPANY OUTLINE OF REQUESTS AND COMMITMENTS FOR OUR EXPANSION PROJECTS June 17, 1993 Development Corporation: PHASE 1 ( 1 ) Purchase, then Deed, fifteen ( 15 ) acres to The J D Russell Company for relocation and expansion purposes . ( 2 ) Pay Roll-Back Taxes on 15 acres to be deeded to The J D Russell company. ( 3 ) Provide funding to bring electric and gas service to the Phase 1 property. ( 4 ) Fund items that the City of Wylie will not provide . ( 5 ) Provide the following documents at closing : a . Warranty Deed b. Survey full 51 . 531 acres with 15 acres designated for The J D Russell Company and all • all proposed roadways . c . Owner ' s Title Policy without any exceptions or easements d . Phase 1 Environmental Study indicating no environmental problems . Development Corporation: PHASE 2 ( 1 ) Purchase 36 . 531 acres and hold for The J D Russell Company giving them an exclusive option to purchase within twenty-four ( 24 ) months from date of closing on Phase 1 . City of Wylie : ( 1 ) Provide industrial zoning, without fees, initially to Phase 1, later to Phase 2 . ( 2 ) Timely planning and installation of adequate water and sewer lines to the property, initially to Phase 1, prior to development of Phase 2 . ( 3 ) Waive all impact fees for water and sewer . ( 4 ) Upgrade water pump station serving the area . ( 5 ) Make substantial improvements to Regency Road north of Steel, prior to completion of Phase 1 of The J D Russell Company expansion project . ( 6 ) City, County, and Wylie ISD tax reduction for the first five years after Phase 1 completion . ( 7 ) Provide building permit for Phase 1, without fees . THE J . D. RUSSELL COMPANY The J D Russell Company Commitments Phase 1: a, 'AA' ( 1 ) The J D Russell Company will extend Regency Road, A)) south of the existing road approximately 450 feet . This road will be built to City specifications and donated to Wylie upon completion . ri „�, ( 2 ) The J D Russell Company will meet or exceed all y2C ( ° building codes during construction of our new facilities . ( 3 ) The J D Russell Company will work with the City of , Wylie and other businesses in Regency Business Park toward the improvement and beautification of Hooper Road when Maxwell Creek Landfill closes . The J D Russell Company Commitments Phase 2 : ( 1 ) The J D Russell Company will pay $160, 000 . 00 or $4, 382 . 00 per acre for the remaining 51 . 531 acres held with our exclusive option to purchase by the Development Corporation . ( 2 ) The J D Russell Company will pay this option price not later than twenty-four ( 24 ) months from the date of closing on Phase 1 of this agreement . (.3 ) If the Development Corporation has a prospect for the tf area sooner than 24 months, The J D Russell Company will accelerate our option on all or part of the property necessary to meet the needs of the prospect . This can only be accomplished with cooperation of all parties involved . ( 4 ) When development of Phase 2 begins, The J D Russell Company will re-zone to industrial, pay all Roll-Back Taxes due on property (approximately $35, 000 ) , and build a road to connect Regency Road and Hooper Road . This road will be built to City specifications and donated to Wylie . A detailed explaination of these requests and commitments is in the attached letter, dated June 17, 1993, addressed to Charlie Womack, Executive Director of The Development Corporation of Wylie . THE J . D. RUSSELL COMPANY June 17, 1993 Charlie Womack Executive Director Development Corporation of Wylie, Inc . 108 West Marble Wylie, TX 75098 Dear Mr . Womack, The J D Russell Company is grateful for your efforts to acquire property for our expansion project . Your have proven to be a valuable asset to our team. Before discussing the Proposal , there are a few points that we would like to bring to your attention . Fab-Tech was planning to relocate at the same time as The J D Russell Company. Their plans have changed . They are not financially able to relocate at this time . However, when Fab-Tech is ready to relocate, The J D Russell Company will work with Fab-Tech, The Development Corporation, and the City of Wylie to make property available for Fab-Tech ' s relocation to the Regency Business Park area . The property for our expansion project, as well as the buildings on the property, will actually be owned by Penvesco . Penvesco is synonymous with The J D Russell Company in that they are both owned by Nicholas and Robert Danna . It will be Penvesco that will purchase the additional property for development as well . Penvesco maintains ownership and control of all J D Russell Company properties for business purposes . The J D Russell Company would like to look at your Proposal in two phases . Phase 1, being how the Corporation can provide The J D Russell Company with property to achieve our immediate goal to expand to a new facility, increase our production, and provide more jobs for the citizens of Wylie . Phase 2, being how The Corporation can work with The J D Russell Company in a business enterprise to make Regency Business Park a first class industrial area to attract new businesses to Wylie . 1- { THE J . D. RUSSELL COMPANY First, I would like to address the immediate needs of The J D Russell Company, Phase 1 . In reviewing the proposals of The Development Corporation of Wylie, I have found no mention of Roll-Back Taxes . At approximately $1000 per acre, this is an issue that certainly needs to be addressed . We request that The Development Corporation pay all Roll-Back Taxes on the 15 acres that will be deeded to The J D Russell Company for our expansion project . Previously, The Corporation was willing to pay $5000 per acre for the 15 acres, or $75, 000 . At the new negotiated price, the Development Corporation will be paying less than $4000 per acre . Even adding in the Roll-Back Taxes, your expenses will remain less than the previously agreed upon $75, 000 for the 15 acres to be deeded to The J D Russell Company. For The J D Russell Company, Phase 1 of our expansion project will cost in excess of $800, 000 . 00 . Phase 1 will include : * extend Regency Road 450 feet - $50, 000 * two buildings - $550, 000 1 - 30, 000 square .feet 1 - 5, 400 square feet * storage facilities * administrative offices * 85, 000 square feet paving - $200, 000 * new equipment There will be additional costs involved for utility extension to the property and City of Wylie impact and zoning fees, etc . Our expansion project, as well as the overall plan for the property, is very much dependent upon the City of Wylie providing the following : * industrial zoning, waive fees * timely planning and installation of adequate water and sewer lines to the property Phase 1 initially, later Phase 2 * waive all impact fees for water and sewer * upgrade water pump station serving the area * improvements to Regency Road north of Steel, prior to completion of our Phase 1 expansion project * City, County, and WISD tax reductions for the first 5 years . THE J . D. RUSSELL COMPANY For Phase 1 of our expansion project, The J D Russell Company request that the Development Corporation provide the property, to include all 15 acres, and pay the Roll-Back Taxes . We also request that the Corporation provide : * electric service to the property * gas service to the property * Environmental Study * survey of full 51 . 531 acres; showing 15 acres designated for The J D Russell Company and all proposed roadways * fund any items on the City of Wylie ' s request list that they will not provide . Phase 2 of your Proposal addresses our option to purchase the remaining 36 . 531 acres and an option for The Corporation to purchase any of the undeveloped property within the option period . Phase 2 is actually a business venture that The Development Corporation, the City of Wylie, and The J D Russell Company will embark upon together . As with any business venture, the goal is to come to an agreement that is mutually beneficial to all parties involved . Phase 1 of the expansion project for The J D Russell Company will take at least twelve months . It would be beneficial for The J D Russell Company and its affiliates (Penvesco ) to have adequate time to absorb this major Phase 1 expense . Therefore, it is essential that we have an option to purchase the remaining 36 . 531 acres in not less than 24 months from the date of closing . At that time, we will pay $160, 000 . 00 or $4, 382 . 00 per acre . The J D Russell Company will change the zoning to industrial, pay all Roll-Back Taxes (approximately $35, 000 ) , and begin development of roads and additional industrial lots on the property as soon as there is a need . The J D Russell Company has also agreed to assist the City of Wylie and other businesses in Regency Business Park in the improvements and beautification of Hooper Road when the landfill closes . The benefits for The Corporation in this business venture are a net gain of $18, 300 for "holding" the property 24 months . With Phase 2 property readily available for development at The J D Russell Company expense, and with the cooperation of the City of Wylie, The Development Corporation will have an area that is ready-to-go for new or expanding business in Wylie and providing the ecomonic growth that this community so badly needs . THE J . D. RUSSELL COMPANY Evidence of our commitment to Phase 1 and 2 of the project and our commitment to The Corporation, as well as the City of Wylie is the 450 foot extension to Regency Road that we will construct to City specifications prior to completion of Phase 1 of our expansion project . This road will be donated to Wylie . At an estimated cost of $50, 000, this is validation of our commitment and should serve in lieu of any escrow. The final part of your Proposal gives The Corporation the option to purchase any of the undeveloped property within the option period . The J D Russell Company absolutely objects to this proposal . We have a long range plan for the 51 . 531 acres and a goal to make Regency Business Park a first class industrial area . Our plan includes installation of a concrete road to connect Regency Road and Hooper Road . This road will also be donated to the City of Wylie . Not only is this road essential to the future expansion plans for Phase 1, it is also important to the overall plan for Regency Business Park . Controlling the quality of this road and the buildings that go into Phase 2 are all part of our develop- ment plan . Should The Corporation purchase any part of Phase 2 and sell or deed it to another company, The J D Russell Company would not be able to control the integrity of the overall plan for Phase 2 . There is potential for dispute over where buildings will be placed and who will pay for development costs . The possibility of this scenario would only complicate our Phase 2 development plan, thereby rendering it a venture we would not be interested in . If The Corporation has a prospect for the area, The J D Russell Company would be willing to work with The Corporation and the City of Wylie to accelerate our option to purchase and develop all or part of the property necessary to facilitate the needs of the prospect . The J D Russell Company, The Development Corporation, and The City of Wylie must all work together for Phase 1 and Phase 2 of our expansion project to succeed . Working together, we can all come to agreements that are mutually beneficial . THE J . D. RUSSELL COMPANY Mr . Womack, The J D Russell Company would like to extend our gratitude for your assistance in acquiring this property and presenting our needs to The Development Corporation and the City of Wylie . You have been very helpful and patient . Sincerely, Nicholas H Danna President, CEO The J D Russell Company cc : NHD/jl Norwood encl • 902 W. Kirby Street P 0 Box 1806 Wylie, TX 75098 ( 214 ) 442-3568 ( 800 ) 888-8734 Fax ( 214 ) 442-3560 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMFNT DIRECTOR: ' STFVFN P nF TTFR DATE REFERENCE NO. SUBJECT '" 6-17-93 7 SETTLMENT NEGOTIATIONS SOUTHFORK MHP LITIGATION SUMMARY OF SUBJECT: k AT THE LAST COUNCIL MEETING THE COUNCIL APPROVED AN AGREEMENT FOR SETTLE- 1 MENT OF THE SOUTHFORK MOBILE HOME PARK LITIGATION . THE AGREEMENT WAS NOT ENTIRELY ACCEPTABLE TO SOUTHFORK THEREFORE THEY HAVE REJECT THE SETTLEMENT OFFER AND SUBMITTED A COUNTER-OFFER IN THE FORM OF A REVISED SETTLEMENT AGREE MENT . THE AGREEMENT AND MY COMMENTS ARE SUBMITTED UNDER SEPARATE COVER AND ARE NOT PART OF THE AGENDA PACKET . THE MATTER IS BEFORE THE COUNCIL FOR ACCEPTANCE OF REJECTION OF THE OFFER. ALTERNATIVES: 1) ACCEPT THE COUNTER OFFER WITHOUT MODIFICATION 2) ACCEPT THE COUNTER OFFER WITH MODIFICATION(S) 3) REJECT THE COUNTER OFFER AND STAY WITH CITY 'S LAST OFFER J ACTION REQUESTED: THE COUNCIL SHOULD CONSIDER THE LATEST PROPOSAL FROM SOUTHFORK AND MAKE I SOME TYPE OF RESPONSE ROUGHLY ALONG THE LINES OF ONE OF THE ABOVE STATED ALTERNATIVES . NO RECOMMENDATION AS TO WHICH ALTERNATIVE TO TAKE IS MADE BY STAFF. WYLIE CITY COUNCIL JUNE 22, 1993 7:00 P.M. MUNICIPAL COMPLEX