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12-11-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, December 11, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 : T '= ROtag=> » > =`=> = >` `>> > > ':I III>I{ [II>':>{I>{>{>{>{€I>II> ra;:{>:H:H:><> > H:H: ................................................................................................................................................................................................................. ................................................................................................................................................................................................................. eiiiie ::::: :: ooros,::::: here w. j:: :: ::. . .... :axnrarr::: .> :�>::> ;: i i n esw°=�-=t xt A. Consider and act upon the approval of the minutes from the Regular Meeting of November 13, 2001. B. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4A Addition, being all of a certain 5.91 acre tract of land east of Country Club Road (F.M 1378) and north of Talladega Drive, situated in the J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. C. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4B Addition, being all of a certain 8.03 acre tract of land east of Country Club Road (F.M 1378) and south of Talladega Drive, situated in the J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. D. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 5 Addition, being all of a certain 5.25 acre tract of land east of Country Club Road(F.M 1378)and north of Park Boulevard, situated in the J. McUlmurry Survey, Abstract No. 629, and the C. Atterbury Survey,Abstract No.22,City of Wylie,Collin County, Texas. E. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 6 Addition, being all of a certain 14.31 acre tract of land east of Country Club Road (F.M 1378) and south of Park Boulevard, situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. F. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 7 Addition, being all of a certain 11.85 acre tract of land north of Brown Street(F.M. 3412) and east of Country Club Road (F.M 1378), situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. G. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 8 Addition, being all of a certain 5.47 acre tract of land north of Brown Street (F.M. 3412) west of Sanden Boulevard,situated in the C. Atterbury Survey, Abstract No.22,City of Wylie, Collin County, Texas. H. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 9 Addition, being all of a certain 11.5 acre tract of land north of Brown Street (F.M 3412) east of Sanden Boulevard, situated in the C. Atterbury Survey, Abstract No. 22 and the D. Williams Survey, Abstract No. 1021,City of Wylie,Collin County,Texas. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 10 Addition, being all of a certain 13.10 acre tract of land north of Brown Street(F.M.3412)east of Sanden Boulevard, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County,Texas. J. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 11 Addition, being all of a certain 18.4 acre tract of land north of Brown Street (F.M. 3412) and west of Westgate Way, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. K Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 12 Addition, being all of a certain 3.1 acre tract of land north of Brown Street (F.M. 3412) and east of Westgate Way, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County,Texas. L. Consider and act upon a Preliminary Plat for the Peerless manufacturing Company Plant No. 1 Addition,being all of a certain 34.1059 acre tract of land west of North Ballard Avenue(FM 2514)and north of the Union Pacific Railroad,situated in the S.B.Shelby Survey, Abstract No. 820,City of Wylie,Collin County, Texas. M. Consider and act upon a Final Plat for the Twin Lakes Phase V Addition, generally located south of Alanis Drive and west of South Ballard Avenue(FM 2514)and Twin Lakes Phase IV, being all of a certain 23.007 acre tract of land owned by Twin Lakes,LP. being part of a called Tract 1 according to a deed recorded in the County Clerk's File No. 97-0054771, and situated in the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County, Texas. N. Consider and act upon a Final Plat for the Sage Creek Phase IV Addition, generally located east of McCreary Road and north of F.M. 544 and Sage Creek Phase VI, being all of a certain 38.3885 acre tract of land owned by Ashton Custer,LLC. according to a deed recorded in the County Clerk's File No. 98-0008878, and situated in the Moses Sparks Survey, Abstract No. 849,City of Wylie,Collin County, Texas. O. Consider and act upon a Preliminary Plat for the Wood Creek Estates Addition, being a cer 41.7417 acre tract of land, generally located north of Lakefield Drive and Lakeside Estates Pha! and west of Springwell Parkway and Sage Creek Phase V, and situated in the Moses Sparks Sur Abstract No.849,City of Wylie,Collin County,Texas. itIVOTORINOWIDTMCOMMERATIONANDACTIMEmmumm PLANNING ITEMS—PUBLIC HEARINGS Tabled Item 1. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development(PD)for Single-Family residential and Village Center Mixed Uses, for a 470.00 acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in the Collin County Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to George S. Richards as recorded in Volume 775, Page 55 of the Deed Records of Collin County, Texas, and being all of a called 1.00 acre tract described in the deed to F.D. Feagin et ux, of record in Volume 914, Page 697, of said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775,Page 58,of said Deed Records,and being part of a called 2.10 acre tract described in the deed to F.D. Feagin et ux recorded in Volume 757,Page 824 of said Deed Records, and being all of that certain tract described in the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No. 93-0039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M. Hart and Charlene HT Hart described in the Collin County Clerk's File No. 96-0091287, and being situated in the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23, and the Aaron West Survey, Abstract No.979,City of Wylie, Collin County,Texas.(Zoning Case No.2001-13) EXECUTIVE SUMMARY This item was tabled at the November 13,2001 Council Meeting in order to give the applicant time to give the applicant time to consider the Council's concerns for the sizes, masonry requirements, size of accessory building and availability of a school site. The attached Planning Report and Conditions of Development reflect the applicants modifications in response to concerns raised by Council at the November 13,2001 meeting. PUBLIC HEARINGS—continued 2. Hold a Public Hearing to consider and act upon a change in zoning of a 9.977 acre tract of land from Single-Family Attached Residential(SF-A), including a 7.977 acre tract to Multi-Family Residential (MF) and a 2.00 acre tract to neighborhood Service Retail (NS), being part of a called 109.898 acre tract conveyed to Dixie Mortgage Loan Company by deed recorded in Volume 2668, Page 405, of the Real Property Records of Collin County, Texas, and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case No.2001-14) EXECUTIVE SUMMARY Property totals 9.977 acres in size,and fronts approximately 850 feet along Westgate Way. It is not platted. Applicant is requesting the change in zoning to develop the majority of the property(7.977 acres)as assisted living residential for senior citizens,remaining portion(2 acres)as neighborhood services retail uses. Assisted living accommodations are permitted only within the Multi-Family district. When the application for rezoning was submitted and accepted for review, the subject property was zoned Single-Family Attached/Townhouse Residential(SF-A),and had been zoned as such since at least 1991. On November 13, 2001, the City Council adopted a revised City-wide Zoning Ordinance and Map,rezoning the property Townhouse(TH-15)District. Public Comment Forms were mailed to ten(10) property owners within 200 feet of this request. Three returned, FAVORING the proposed rezoning. Forty-eight (48) written responses received from residents living beyond the required 200 feet notification area expressing OPPOSITION. At the December 4, 2001 Planning and Zoning meeting, the Commission voted 4-2 to recommend approval of this zoning case. Staff is also recommending approval. The property's location on the high-traffic thoroughfare of Westgate Way and railway corridors,as well as its adjacency to existing and permitted attached and smaller-lot detached residential favor its development for higher-density residential. 3. Hold a Public Hearing to consider and act upon a change in zoning from Multi-Family Residential (MF) to Planned Development (PD) District, for the existing Lakeside Village Apartments, a 2.29 acre tract of land at 301 West Kirby Street, being Lot 13,Block 6, of the Holiday Terrace Addition, and being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie,Collin County,Texas.(Zoning Case No.2001-15) EXECUTIVE SUMMARY Applicant is requesting rezoning to the Planned Development District with the expressed intent of establishing the right to reconstruct the current apartment complex to its existing character and density should it be destroyed. Public Comment Forms were mailed to thirty-seven (37)property owners within 200 feet of this request. No Comment Form had been returned at the time of posting. At the November 20, 2001 Planning and Zoning meeting, the Commission voted 6-0 to deny this zoning case. A three-fourths majority vote by the City Council is required for approval of the requested change in zoning because the Planning and Zoning Commission recommended the request be denied. Staff is recommending denial. Although the proposal is consistent with the recommendations of the Comprehensive Plan and characteristics of the tract favor attached residential uses,the perpetual potential for a density of 34 dwelling units per acre is an inappropriate variance from Wylie's long-held philosophy of limiting multi-family residential density to 15 dwellings per acre. The facility may continue to operate as legally nonconforming. 4. Hold a Public Hearing to consider and act upon certain proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie, in compliance with Section 211.006 of the Texas Local Government Code. EXECUTIVE SUMMARY During the November 13 City Council meeting, the Council took action to approve revisions to the Comprehensive Zoning Ordinance and Official Zoning Map. The property owner had submitted written opposition to the proposed zoning, requiring the Council to remove the property from the overall vote and vote on separately. The Council tabled action on the property owned by Birmingham Land Ltd, for further review, particularly with regard to the existing Multi-Family zoning. Existing zoning includes single family, retail, multi-family, single-family attached and business zoning. Proposed zoning generally reflects the intent of the Comprehensive Plan, providing predominately residential zoning on the property with NS (Neighborhood Services) at the major thoroughfare intersections. The property was reviewed as a part of the overall process of updating the Official Zoning Map, applying the guidelines for decision-making as identified in previous meetings. 5. Hold the second of two Public Hearings for the annexation of a 68.11 acre tract of land out of the Guadalupe De Los Santos Survey,Abstract No. 1384,Dallas County, Texas; and generally located on Pleasant Valley Road. EXECUTIVE SUMMARY Voluntary annexation by the owner of the above referenced property, the Southwest Medical Foundation. The property is located directly north of the new wastewater treatment plant and is proposed for single family residential zoning. If approved,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. AWARD OF CONTRACT 6. Consider and at upon the award of a contract for the Alley and Sanitary Sewer Improvements along Ballard Avenue to Rycon Incorporated in the amount of$231,127.00. EXECUTIVE SUMMARY Improvements to the alley between Ballard and Jackson and the alley between Ballard and First were included in the 1999 Bond. Improvements include approximately 1,880 square yards of 8-inch thick concrete pavement and approximately 1,344 linear feet of 8-inch sewer replacement. Six bids were opened on November 2, 2001 and Rycon Incorporated submitted the low bid with project completion within 90 calendar days. Staff recommends that Council award a contract to Rycon Incorporated to provide all equipment, labor and materials for the construction of the Alley and Sanitary Sewer Improvements along Ballard Avenue. ORDINANCES 7. Consider and act upon approval of an ordinance adopting the 1997 Uniform Fire Code. EXECUTIVE SUMMARY The Wylie Fire Department maintains a fire prevention program that consists of providing fire safety inspections for business owners within the city limits. The current program is a proactive approach to addressing fire safety throughout the City of Wylie&to continue to be proactive,the department must update with the current building code.The Fire Department has maintained the equivalent code in relation to the building code department. The latest building code is UBC 1997. The City of Wylie is currently enforcing UFC 1994. The UFC 1997 overall format has not changed and will not require any changes in relation to amendments sections adopted by the City of Wylie under UFC 1994. In addition,the Fire Department is currently preparing for an Insurance Services Office Re- evaluation and current fire code will cause a deficit in possible points. 8. Consider and act upon an Ordinance of the City of Wylie, Texas, adopting a comprehensive Right-of-Way Management Ordinance governing any and all construction occurring within the public Rights-of-Way in the City of Wylie; providing for a penalty not to exceed$2,000 per day for each offense; and providing a Repealer Clause, a Severability Clause, a Savings Clause,a Penalty Clause,and an Effective Date. EXECUTIVE SUMMARY The City Council previously adopted regulations governing construction activities occurring within the City's Rights-of-Way. The current Ordinance contains no provisions for Right-of-Way management. The intent of the proposed Ordinance is to accommodate the utilities' need to use the Public Rights-of-Way to provide services to the public and will allow the City to insure that the public safety is maintained; minimize public inconvenience; protect the City's infrastructure investment; facilitate work within the Public Rights-of-Way; and to fairly and responsibly protect the public health, safety, and welfare. Utilities or contractors desiring to perform construction activities in the City's Right-of-Way will be required to obtain a permit, at no charge, after City Staff has reviewed plans for the construction activities. 9. Consider and act upon approval of an ordinance establishing a school zone on FM 1378 at the intersection with McMillen Road and Park Blvd. EXECUTIVE SUMMARY The Texas Department of Transportation has approved the City's request for a school zone located on FM 1378 at the intersection with McMillen Road establishing a 35 mile per hour school zone. TxDOT will furnish and install the necessary signs ORDINANCES-continued 10. Consider and act upon approval of an ordinance extending interim Impact Fees,establishing a collection date, establishing a date to call a public hearing to amend the Impact Fees, and providing for an expiration date. EXECUTIVE SUMMARY During the recent Legislative Session, Senate Bill 243 (SB243) was enacted resulting in several amendments to impact fee regulations. Although some of the amendments regarding the procedures which must be followed to adopt impact fees are beneficial to municipalities, the amendment which affects the collection and calculation of impact fees will have a negative impact on the City of Wylie. The ordinance under consideration will extend Ordinance 2001-42 adopted on September 11, 2001 an additional 90 days to allow further analysis of the credit allowed in SB243 and further establishes that the City will call a public hearing for the purpose of setting a credit for impact fees in accordance with the calculation reflected in SB243 factoring in tax and utility revenue, and that this process will be completed within 90 days. 11. Consider and act upon an ordinance addressing the taxation of on leased motor vehicles. EXECUTIVE SUMMARY SB 248, passed this session, implements the 1999 amendment. The bill provides that motor vehicles leased and used primarily for non-income-producing purposes are January 2, 2002, are exempt from property taxes and gives cities an opt-out from the exemption. The City may continue to tax such leased motor vehicles if it adopts an ordinance to that effect before January 1, 2002. If the ordinance is not adopted, the City would continue to tax only those vehicles not covered by SB 248 such as vehicles used for business purposes. COGNU IPAVRE IRE,#) ::WYLif-3ks:.(flY CBAR E .f fCP l ................................................................................................................................................................................................................. .............................................................................................................................................................................................................. ................................................................................................................................................................................................................. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,the sections of the act authorizing the closed session will be identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of ,2001 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wvlie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, November 13, 2001 Wylie Municipal Complex — Council Chambers 2000 State Highway 78 North ALhL TO ORDER • :;:::::........... Council Present: Mayor John Mondv. Councilman Joel Scott. Councilwoman Reta Allen, Councilman Eric Hogue, Councilman J.C. Worley and Councilman Chris Trout. Councilman Merrill Young was absent. Staff Present: Anthony Johnson. City Manager: Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director: Claude Thompson. Planning Director: Chris Hoisted, City Engineer and Barbara Salinas, City Secretary:. : l A 1CLG I c .FLEDGE QF ALLEGIANCE ::::::>:o>::::>:::<:>::>;>::>::>::>::;::»;::;::>;;::;:.::.;::..::....:..... ... Deacon Warner Washington was present to pro\ide the Invocation. Councilman Worley was asked to lead the Pledge of Allegiance • PRESENTATION TO THE WYLIE FIRE DEI'.uiT\IEN'r FROM THE SACHSE VETERIANHOSPITAL. Lt. Ballard of the Wylie Fire Department was present to accept the $750 donation from Mr. Steve Perky, as a result of the Lone Star BBQ Chili Cookoft. •REACH FOR A STAR KICK OUP' Ms. Aimee Nemer. Administrative Assistant to the City Secretary provided a presentation on the Community Outreach Program. Reach for a Star. Ms. Nemer provided Council with a brief history of the program including the addition this year of school and church assistance. Also present were Ms. Becky Martinez representing St. Anthony's Catholic Church. Ms. Emily Hartwig. representing the Wylie Junior High PTA and Dr. Earl Myers representing Hartman Elementary. Council vyas then invited to select stars from the Reach for a Star Tree bearing the names of children in need from the \-Vylie Community. Star Students front the Wylie independent School District were present for their exemplification of the Character Trait"Repect"- The Mayor and Mayor Pro Tern presented the students with certificates of recognition. CONSENT AGEN DA A. APPROV:AI.OF THE MINI 11:.- I-R(1A1 IIIL RFGt I.. a MEETING OF OCTOBER 23,2001. B. CONsH)ER AND M'T ITON .A RFsOI,I '11ON OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ('H:ANGING AI'THORIzFD Rta'REst:N f:VtiVI S FOR THE LOCAL GOVERNMENT INVESTMENT COOP(:R.-vii :(LOG IC) C. CONsiuER .ANI) :ALI t PON Ri-sul I I ION OF HIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, (l1 ANGING .Al ITIORl7,t:n RFI'RESEN'I.A 11\lea FOR 'CI-IF: TEXAS LOCAL GOVERNMENT INVESTMENT Pool.(TI:xPOOL). D. CON'sIDER Am) Act t PON FIN.V. I'AY\IEN'r'to JDC CONSTRUCTION IN THE AMOUNT OF$18,755 FOR COMPLETION OF THE ANI\I:A1.SIH:I.rER. Councilman Joel Scott made a motion to approyc the Consent Agenda, Items A, B, C,and D. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Young absent ylinutc s ni\n‘ember 13,2001 A\vlie('its ( Page 1 T TI ON 1. CONSIDER AND AT UPON APPROVAL OF FINAL ACCEPTANCE OF THE HILLTOP ALLEY PAVING AND SEWER IMPROVEMENTS, AND AUTHORIZE FINAL PAYMENT TO JDJ CONSTRUCTION COMPANY, IN THE AMOUNT OF $9,574.10 AND ACCEPT THE PROJECT AS COMPLETE. City Engineer. Chris Hoisted addressed this item providing Council with a brief background on the request. Mr. Hoisted stated that on April 25. 2000 the \Vv lie Cite Council awarded a construction contract to JDJ Construction Co. for replacement of an 8'' sewer line and concrete reconstruction of the alley between Hilltop and Briarwood. The project included the installation of approximately 1.200 feet of 8" sewer line and the installation of approximately 1.600 square yards of 6-inch reinforced concrete pavement. Walk through was performed May 14, 2001 and the contractor has addressed all of the items identified. See attachments from the property owners stating their satisfaction with the repairs made to the damaged fences. Acceptance will initiate the one-year warranty period. which the contractor is liable for any repairs that may be required, beginning on the date of final acceptance by the CO Councilman \Vorley made a motion to approve final acceptance of the Hilltop Alley paving and sewer improvements. and authorize final payment to JDJ Constntction Company, in the amount of$9,574.10 and accept the project as complete. Councilman <> seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Young absent. 2. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO EXECUTE AND AWARD A CONTRACT TO BUCHER, WILLIS & RATLIFF, CORP., IN THE AMOUNT OF $106,560.00 FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF UTILITY RELOCATIONS ALONG SH 78 FROM FM 544 TO EUBANKS LN. Mr. Chris Hoisted. ON Engineer addressed this item. providing council with a brief background on the request. Mr. Hoisted stated that TxDOT has submitted plans for utility relocations for the reconstruction of SH 78 from FM 544 to Eubanks 1.11 and that Site Concrete wvas,marled the bid with construction to begin April 1, 2002. He stated that staff and the consultants have identified lines in conflict with the improvements as well as recommend replacement of existing lines due to age and condition. The relocations include approximately 2,700 linear feet of 8-inch water line. ...-00 linear feet of 12-inch water line. 2.000 linear feet of 8-inch sewer line, 900 linear feet of 10-inch sewer line_ and related appurtenances. The projected cost along SH 78 is$829,700, which includes a 20% construction contingency. The 1999 Water and Sewer Revenue Bonds included$500,000 for miscellaneous utility relocations and replacements of which $100.000 is available for this project. Mr. Hoisted stated that staff is recommending the authorisation of the City Manager to execute and award a contract to Bucher, Willis& Ratliff. Corp. Councilman Eric Hogue made a motion to approve authorizing the City Manager to execute and award a contract to Bucher. Willis (V Ratliff. Corp.. in the autount of N106.560.00 for engineering services related to the design of utility relocations along SH 78 from FM Eubanks Ln. 3. CONsiDt:R:AND A("1' t.ToN .A RESOLt TION('ASTIN(. BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL.DISTRICT OF COL.L.IN COUNTY, TEXAS. Councilman Scott made a motion to approve the Resolution casting 28 ballots for the Board of Directors for the Central Appraisal District of Collin ('ullnty. I cyan. Councilwoman Allen seconded the motion. A vote was taken and the motion seas approved. 6-0. Councilman oung absent. 4. CONsiDI';R AND A( t t•l'O\ :A PRI'a,l\II,'S.AI PI,:A"1'FOR THE PHEASANT CREEK ADDITION, BEING ALL OF .A ('EILT.sIN 89.122 .s 'ui TRAl'T OF I..SAI), SI I'ATED IN THE N. ATTERBERRY SURVEY,ABSTRACT NO. 1099 IN COLLIN' COI.ST' . CI11.: N. Aui"uiwRRY SURVEY, ABSTRACT No.6 IN ROCKWALL COUNTY, AND TIIF. I,.B. Ot-FLAW Snits t , AItSTR:s('T No. 173 IN ROCKWALL COUNTY, TEXAS,AND BEING ALL OF \( -sI.LED 117.149 -A('Rt ( os\la t D TO Lt:o W'I\1AN AS RECORDED IN VOLUME 3166,PAGE 632 OF tHh: DEED Ri',('ORI)S OF Rio I:w si i,COUNTY, TEXAS. Minutes I,f,I' tin In,'13,2001 wslic('its( Page 2 Mr. Claude Thompson. Planner. addressed this item and provided Council a brief background on the request. Mr. Thompson stated that the Preliminar\ Plat includes 89.122 acres creating 292 lots and is currently zoned SF-3 allowing minimum lot site of 7.26o square feet A waiver of the alleys backing on to the floodway is made a condition of the Plat as submitted. At the October In. 2(1111 meeting of the Planning & Zoning Commission, the commission voted to recommend approval \\ith the following stipulations. 1) wrought iron fencing on lots adjacent to the park_ 2) landscape screening along Vinson Road—wood w/masonry columns and 3)waiver of alley adjacent to the park. Staff is also reconumendin<o approval as submitted including the waiver of alleys serving lots 40-69 as well as 8+t and 81 of Block _, Councilman Scott made a motion to approve the Preliminary Plat for the Pheasant Creek Addition, being all of a certain 89.122 acre tract of land. situated in the N. Atterberry Survey, Abstract No. 1099 in Collin County, the N. Atterberry Survey. Abstract No.6 in Rockwall County. and the L.B. Outlaw Survey, Abstract No. 173 in Rockwall County. Texas. and being all of a called 117.149 acre conveyed to Leo Wiman as recorded in Volume 3166, Page 632 of the Deed Records of Rockwall ('ounty. Texas. Councilman Hogue seconded the motion. A vote was taken and the motion vvas approved. 6-0 Councilman l'onmin was absent. 5. CoNstuI':it AND A("t UI'Oy _A I'IU.I,l;v11y vR1 PLAT FOR THE SOUTHPLACE ESTATES PHASE IV ADDITION, GENERALLY LOCATED iessI w SOI I'll B:ALL.-ARD AVENUE (F.M. 2514) AND THE SOUTHPLACE ES'r sri':s PHASE I .AND 11 ADDITIONS AND SOUTH OF STONE ROAD (F.M. 544) AND THE WYLIE INDF1'FNDENT School. D1,-•1R1("r Cu\II'l.l:x, BEING ALL OF A CERTAIN 8.674 ACRE TRACT OF LAND, sl'tl .5 t El) IN THE AI.I.I?V A i t ENltI:ItRI SI RV'FV, ABSTRACT No. 23, CITY OF WYLIE, COLLIN ('ol Nl Mr. Claude l liouipson. Planner_ addressed this Item providing Council with a brief background on the request. Mr. Thompson stated that the Plat includes 8 (;74 acres and will create 29 lots and is currently zoned SF-2, allowing minimum lot site of 8. 506 square feet Mr. Thompson stated that at the November 6, 2001 Planning & Zoning Meeting. the ('onunission v ot _-t) to recommend approval and that staff is also recommending approval. Councilman Hogue made a motion to approve rite preliminary plat for the Southplace Estates Phase IV Addition, generally located east of South Ballard Avenue (F.M. 2514) and the Southplace Estates Phase I and II Additions and south of Stone Road (F.M. 544) maid the A\vlie Independent School District Complex, being all of a certain 8.674 acre tract of land. situated in the Allen ;Atterberry Survey. Abstract No. 23, City of Wylie, Collin County, Texas. Councilman \Vorlev seconde.l the emotion. A vote was taken and the motion was approved, 6-0. Councilman l utuie absent. 6. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) for Single-Family residential and Village Center Mixed Uses, for a 4711.0t) acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele, Successor Independent Administratrix. as described in Executor's Deed as recorded in the Collin Count Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to Geor2e S. Richards as recurdcd in Volume 775, Page 55 of the Deed Records of Collin County, Texas, and being all of a called I.uo acre tract described in the deed to F.D. Feagin et ux, of record in Volume 914, Page 697, of said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775,Page 58, of said Deed Records, and being part of a called 2.111 acre tract described in the deed to F.D. Feagin et ux recorded in Volume 757. Page 824 of said Deed Records, and being all of that certain tract described in the deed to Fill in Collins Cool: as recorded in the Collin County Clerk's File No. 93- (1039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M. Hart and Charlene H. Hart described in the Collin County Clerk's File No. 96-0091287, and being situated in the J.G. ,louett Surrey, Abstract No. 475,the Allen Atterberry Survey,Abstract No. 23, and the Aaron West Su rye'. Abstract No. 979, City of Wylie, Collin County, Texas. (Zoning Case No. 200 1 'I S) The Mayor excused himself front the bem211 aid :utv discussion or action due to his affiliation as a Board member of the Birmingham Trust. Mayor Pro I em Scott presided. StII e.uI'NON bet.13,2001 xA vtic( ( uuncil I'.I r 3 Mr. Claude Thompson addressed this item prov cling Council on the background of the request. He stated the applicant is requesting rezoning of the sabtcct -k,tl acres in order to permit a master planned multi-use community comprising of single ftimily residential neighborhoods of varied densities, multifamily residential apartments, retail uses and pro ate open spaces lie pr,pt ,al is intended to create a Village Center community as defined by the Comp Plan and through such comprehensive planning and coordinated design, better address several development emistraints of the property Mr. Thompson stated that this item vv,Is tabled at the October 16. 2001 P&Z meeting, when the Commission elected to commit, the Public Hearin. .,n Nt ,ember 6. 200 l due to certain issues of the original proposal. A Special Work session was conducted t,u Oct her '). 2001 and this Agenda Report and attached Conditions of Development reflect the applicants na,tuliIL,lti.nn in response to concerns raised at these earlier meetings. At the November(). Tart I Planning and Zoning ('ommission meeting, the Board voted 4-3 to recommend approval of the proposed zoning change. Decenting votes cypressed concern for the smaller lot sizes. Staff is recommending approval. Mr. Greg Rich,5INI1 LBJ Freewac,Suite h3+t Siepiela Development Corporation/Reality Development Trust Mr. Rich pros icicd Council with a presentation of the intent of the request to develop the 470-acre tract of land. Mr. Rich presented a power point presentation witli emphasis on existing developments in the Plano, Flower Mound. Coppeli and Dallas communities He described their development philosophy as a lifestyle concept as opposed to pros!ding shelter. Mr. Rich, !hen dn.plav cd photos displaying the various borders and some areas of concern. Council took a short recess at 7:00 pit and reconv cited at 7:07 p.m. The Mayor Pro 'I cm then opened the Htblic Hearing asking that anyone wishing to speak either in favor or opposition of ;lee request to please cone ior'.v:trd. state their name and address for the record and limit their comments to since nuntties. Mar or Pt ens i,utt also reminded the audience that in accordance with the Open Meetings L,nv. ( ouncil niav only acc._;t eominciit and there was no interaction with the Council, however, Council could direct staff to research tint! contact participants regarding any expressed concerns. Mayor Pro Tern Scott also asked that if there were group,. ov tt vv(shed to enter their comments into the record, it would be helpful and expeditions to appoint a spokesperson for said group. Ms. Mieha Ilarri.on, 907 East Stone Road Mr. Charlie Harrison,907 East Stone Road Ms. Micha Harrison deferred to her husband_ :vIr Charlie Harrison. Mr. Harrison provided photos to the Council and expressed concerns regarding traffic and future road expansion. He also pointed out the dangers of the intersection on ttute Road (curve). denstr.. inch the additional burden to the school district. He asked the Council to consider comb.tll.ed growth inch keep to tIre ..)i iItIv community. Mr. Dena) Cites. 16311 Rolling Lane Mr. Lynes enpiessech his concerns ree. rdnic the impact on the property values of surrounding property, the additional burden to the school district. and writer provision. Mr.John Simmons, 12113 Troy Road Mr. Simmons read Ins letter to the Cen ...n ii:t.t the record. He expressed the following concerns. Easement request front I ;Isttork Water District oil :ile ;it),uttrge of his property: developer's reference to grant money to fund development .ultenities and additions: Nide. that the current infrastructure cannot handle with no funding available. Ile Cited the following from ;he ,drool districts view. Mr. Simmons stated that as a school board member the tat.i no knowledge of do clopntenl to the East Side of the city and that the taxes collected from the proposed dev clopuaent would not support the ;additional children added to the school district. Mr. Simmons also stated concert!, ;._�.arding the density or he dc%elopnicnt. He concluded by stating that he would like to see the property deven pt2ti but not at the cspclisc .n the tayp;avers and lower property values. He asked that Council consider a devclopnacnt that would ran, ;Hopei vnines and review the density to be more consistent with the existing area_ \iinuit> tar\u,(In ber 13,2001 \\ lit ('iic('mind] I'nL!t.4 Mr.James and .lean Wilson,6 Pheasant Run Mr. James Wilson expressed their coneenis regarding the high density, traffic and water supply. He asked that Council not accept the development. and to be .onsislent. Mr. Charles M ittese,307 W. Harvest Bend Drive. Mr. Maltese expressed his concerns rce e,itn vvtiter supply. roads and additional expense to the taxpayers. He asked that Councileke some thought to apprcv al of the proposed development. Ms. Ann Peselike. 1641 Rolling Lane Ms. Peschkc expressed her concerns ..tgirdtnp density and asked that Council consider larger lots with consideration cis...al to the rural hoiueovv ners Ms. Billie Joe Svvaver, 102 Tanglelloud Circle Ms. Swatter expressed her opposition of the proposed development citing lot size and expressing concerns regarding the P. cc centers and the type business that would occupy said centers. She also expressed concerns regarding the ei ith:Ivies for service of th,_ ..mient water system. Mr.John Waddill. 2235 East Stone Road. Mr. Waddill expressed his concerns reg,u.iiil. !lie impact the development will have on the existing roads and the availability of future funds from both the i'Dims and City. the availability of grant money for the development of parks and additi,nnal amenities and referenced a violation of the zoning regulations with regard to no rear alleys. He expressed _o:sects regarding Flood plain issues. Ms. Nicki Allen, SIt) Forrest Edge Ms. Allen expressed her concerns to keels In rural feel of the community. She stated that the Master Plan has designated large lots and that we need to r.•consider this type of development and asked that Council look carefully at the proposed ticv clopment and ask that the developer conic back with a suitable plan. With no fiirtlie: it Hi moans. the Mayor Prt then closed the Public Hearing. Mr. Rich addressed sonic of the issues ant _Ciecrns of the continents from the citizens. He stated that he felt that he did take sonic tone to v isit with the Plammite and Zoning Commission and the citizens. He stated that there are 18 counts residents that live within the pi()posed area of development. Mr. Rich stated that there was no input or comment during the annexation process of the proposed area of development. Mr. Rich conun:,cd to address the Ibllocc:n ,reas of concern. With regard to traffic, he stated that he felt they would have to ci,, in analysis. He stated. t al regard to the water supply, that he did have a letter from East Fork Water District thii: states then will see IL. Ihen area and they will work with East Fork to ensure service to the proposed area. nth regard to the school issues. he stated that he had met with Mr. Bill Lewis and that Mr. Lewis has visited wit ;the school district superintendent. He stated that if the school has a need, they will be a land provider and with meet to discuss and ident:ly areas of concern to be incorporate into the Planned Development. Mr. Rich stated ,h.,i wv hen tiles requested ;i:ievatiou. this is the type of development they had planned and that if they had not bee,, annexed. the Counts weir, hose been more liberal with development. He reinforced his intent to gain funding through grant application tot tddiuonal amenities such as parks and trials. Mr. Rich did state that they do have Maus for front entry. itlt an alley waiver request, but opportunity does exist for alleys. He explained that the illage center concept is linked to people flow providing retail services to the community. With regard to the A he stated that :t w-\ould be constructed at the end of the project, and projected developnletu ;ction between In, sears_ Councilman expi,tssed his concerns regard I he school issue. Mr. Rich again stated that they do have the land to accommodate the construction of a school ,uid commit to a site. if necessary. Councilman Trout asked if the developer vvouln consider delaying the Mutt] Family construction until a certain percentage of the development was complete `.li Rich stated that he w( rk: consider lifts is5W/t,) percent. as he considers the Single Family the driving force t \Voyles espresseti -ouccrns regarding the capabilities of East Fork Water to supply the development anti ;.quested a cops of the Lr_• coonnitting to service. s:motes it Noccmber 13,2)101 wviic( "midi There was sonic discussion regarding lot And inasonry requirements. Mr. Rich stated that the intent was to state on ali sides of the houses... and that modification could be made. Councilman Worley had concerns regarding tree ;>'_scrvatiou_ to which Mr. I uompson referred to the requirements listed for tree preservation. Mayor Pro lLull -c;ott stated that he felt that this was a good concept, and that it was the first village concept that has conic before .nmcnl Councilman \\ ric stated that he would co,d,ider taking action to table the item to allow time to address specific issues such as school. lots size. and water supply concerns. Mr. Rich stated that there was no movement in the lot size. but felt the, could accommodate the oth r issues and concerns. Councilman A\ori."v made a motion to tahl. 'Hem No. 6 until the first regular City Council meeting in December (December I I ' it t f). Councilman Hogue s....onded the motion. A vote was taken and the motion to table was approved. n-u. Councilman Young absent. The Council ask:Ld for a short recess at ti:-tt) p.m. At 9:00 p.m. the Council reconvened into regular session and Mayor Mondv ;ist,mned his position on the befich_ presided oycr the remainder of the meeting. 7. Hold ; l'ilit ii Hh.Alti\(: Tu \I) WI UPON CERTAIN PROPOSED REVISIONS TO THE C'umph:l nll?\sm' i. ZONING t)Itl)I= OI'I I('l. 1, ZONING MAP OF THE CITY OF WYLIE, IN ('(i\11'I.I vA('i: WITH SECTION 21 1.um, or DIE Ti:x. s LOCAL GOVERNMENT CODE. Mr. Claude 'Thomson. Planning Director addressed this item providing Council with a brief background on the request. Mr k,n Stanland. Consultant. was also available for concerns and question of the Council. He stated that legislation I.. un-es that zoning regula,,,:;is must be adopted in accordance with a comprehensive plan. A revised Coumpiet ensivc Master Plan uas .idf foie(' iu July of 1999. recommending certain changes in pattern and character of lo..fi devclopment. These eli;ages guided tine 2000 revision of the residential regulations of the Zoning Ordinance ,C support the currently oposed revision of non-residential regulations. Mr. Thompson stated that the map was d transition and the intent o is not to rezone. Public notification of these proposed revisions to the Zoning Ordir;nnce has been made in the tune and manner required by State law. Notice of the public hearing was published if, Iic It 'n Aen and nn;n'-:I to all property owners within the City of Wylie. Four (4) Public Comment form,. lia'e been returned ;it th. :Hite of this posting. At the October 16, 2001 Planning & Zoning Commission me. ing. the Board \oted --u to recommend approval of the proposed revisions to the Comprehensive /oiling Ordinance and 011.1.ial Zoning Map of the City of Wylie. Mr. Thompson r.!;ited that the Council has fu,:piously held Rio work session regarding this issue. Mr. Thompson stated that the has two choices iev nnay adopt the map and ordinance as it is or they may make modifications I •uudifi anions arc magi. . vv ill hay c to read all changes into the record,tabling as necessary. The Mayor then ,opened the Public Bearing.;:id asked that anyone wishing to speak either in favor or in opposition of the request to please come forward and sic their name and address for the record, limiting their comments to three minutes. Mr.John Fitzpatrick, 2405 Parker Road Mr. Fitzpatrick :kited that lie is the ow ter : .vv o business parcels within the city of Wylie that will be effected by the transition. I le stated that the transition ill eliminate current zoning and expressed his concerns with "I-Wi" use (definition [...id) and "I-Outside- tddffunion read). He asked that the proposed revisions be tabled and concerns addressed- Mr. Fitzpatrick cited sev eral local business that are not in compliance with the current plan. He also e.ypress...i concerns regarding vv hat lie referenced as the purple area on the proposed zoning map and reference to the tird dneetor viithin the film!.ordinance Mr. Lam DeBerry, NeNada Texas. Mr. DeBerrs eypoessed his concerns regarding the townhouse district zoning. Mr. DeBerry asked that Council restudy this zonunt., district as he felt that it .gas not feasible to build duplex units at the requested size and that if approved. it could escalate the cost. vlima,or November 13,2001 \y ('ih Cuuneil Ya�c 6 Jill Whitmore,4112 North Gaston Ms. Whitmore slated that she owns a business at ISO Martinez Lane and expressed her concerns regarding the effect of the Inn.'a ion to her business sp.. he llly limited future expansion and new zoning restrictions if her business is Jest by an act of God Mr. Raymond Fuentes, 16110 Martinez. Laic Mr. Fuentes stated that he owned residential proper() that is effected by the transition and questioned the option to rebuild. should In, home be destrovcd '1'h,_ Mayor directed hint to visit with Mr. Thompson regarding specific concerns. Mr. Art Andersnt, 54011 Renaissance Tow cr, Dallas,"Texas. Mr. Anderson was representing '..and Mr. Anderson stated that they had purchased 260 acres under the existing zoning and v Diced his objection, to the changes. He stated that they have filed preliminary plats on the undeveloped Iraets and stated that he yv willing to work with the Council to resolve. With no further ._omnleni. the Mav or then: .-Iosod the public hearing at 9:47 p.m. and called for a short recess before adjourning into the scheduled \\arks. ,ion WORK SESSION A Discussion related to the zoning ordinaucc and zoning map. The Council and Staff continued discussiLu regarding the proposed zoning map and ordinance specifically regarding proposc.! zoning aid it's al;owed cs- and future expansion. The Council agreed that the intent of the eighteen-month ;:..Jars,, was to enhail- of concern and to ensure that business can continue to grow and expand. There disciJssion and , those business owners who chose to sell their business and how the transition in tom in;. could effect then, as vv._.. as desu'uction of business and options for rebuilding. There were also concerns regarding sign regulations anal suggestion for further review. Specific areas of concern were FM 544 and SH 7$_ r.fcrence to __c.. vv;thin the conditions for non-conforming use and percentage (50%) expansion trigger. Mr. Thompson 'clod that they had n two (2) written requests, referenced as the Peerless Tract and a business tract on `�iaruuei Lane Ile slate,,, .:tt both had applied for plats. He also advised that if Council votes to pass the map and•'rdinance. these specific a'aicctions must be taken out and voted on separately. The Council call.,) for a recess at I I p :1 :,J, reconvene at I I:45 p.m. 7. Hoi,u .v P, Itl.I( vRim; I!t c t a inn -vyi v("r 1 1'O\ CERTAIN PROPOSED REVISIONS TO THE CO\►►'R1(u1[Atent.. 7,uAIN(: ORnMA 'a I ,VNI) OI-1,1(I.A1. ZONING MAP OF THE CITY OF WYLIE, IN ('O\IPI.I.AA( I \\I'Il l SL(`11ON 211.006 (it Till hex:A,, LO('.AL GOVERNMENT CODE. Councilman \\%orl_:v made a motion to .1ppr.a e the revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of II,. ('its al'\Wy lie. in L a npl;aIcc a nth Section 21 LUU6 of the Texas Local Government Code, with the following an; =dnlen(s 1. the nortlme,, _arncr of F,M 544 and SH 78 which is currently proposed for CR — ('onuullII ov Retail zoning and ial1IaI.'the rezoning oldie area to CC—Commercial Corridor; 2. Remoy" Pie properties know a :Is :L Peerless Property on Ballard Street, the Birmingham Farms property al 13rowa and HI and v located at 1404 Martinez Lane: 3. Reutov c vrtici, . Sign Regul;ntou" :or Iilrlher. rev Iew. 4. Amend ! ,gure -3 Land 11se "IatH-. to allow "Light Assembly and Fabrication" to be permitted by right in the ( ('ununcrcial t't)iridtn ) strict. 5. Amend a,,,ure Land I s. -Pi Jilting and Publishing" to be permitted by right in the CC Con1u uncial C orridor Dist,a.t. \Iiwitc,ul NoN ember 13,2001 \\rlie( ( Paluc 6. Amend L ieurc ;-3 Land t. allow "Animal Boarding Kennel w/Outdoor Pens"to be permitted In Special Use Permit in the . onimercial Corridor District: 7. Amend Figure 5-3 Land Use l':ihf,a to allow "Commercial Greenhouse/Nursery" to be permitted by Special Lse: Permit in the C( ( ,nniner;:ial Corridor District: 8. Amend Fieure 5-3 Land Us, delete "Ceinctery or Mausoleum" as a permitted use in the CC- Cormnereial Corridor District 9. Amend I cure 5-3 Land UIsr I iolc>, to allovv "Commercial Amusement or Recreation/Indoor" to be permitted by Special Use Pere ccc CC - Commercial Corridor District; 10. Amend I !gure s Land t ! !,i allovv -Commercial Amusement or Recreation/Outside" to be permitted by Special Use Pei inn iie t.'(' Commercial Corridor District; 11. Amend I'i" ire 5-3 Land Use i nhIcs to allow -Golf Driving Range" to be permitted by Special Use Permit in !lie('C- Commercial I -.!i ridor District: 12. Amend i!icur. 5-3 Land Use I i!!!.! ''Shooting Range/Indoor" to be permitted by Special Use Permit in ,he I IC-- Comma,i ;; : r'idor District 13. Amend l .Cure 5-3 Land Use i allies to allow "Commercial Radio/TV Transmitting Station" to be permitted ' Special Use Pei ion IOC ('C— Commercial Corridor District: 14. Amend f 5-3 Land l.sc a alloo - L lectric or Gas Substation" to be permitted by Special Use Permit in iiie ;'C - Conuncr. idea Distn,T 15. Amend I'iwire 5-3 Land Use 1 arks to allow -Helipad- to be pennitted by Special Use Permit in the CC Colnnio;:ial Corridor District 16. Amend ! .:cur,: 5-3 Land l :cs tci :ilimv "Telephone Exchange w/o Shops or Offices" to be permitted ,v special Use lU'. H. ( Commercial Corridor District; 17. Amend i icurc 5-3 Land Use ;its;_:•, to allow "Unlitv or Government Installation Other Than Listed" to be penniued by Special Use 1'c!nni in the CC - Commercial Corridor District; 18. Aincnd I coin 5-3 Land l)se „iri_- iu ;illo'o 'Accessory Game Court/Private" to be permitted by Special Use Perliii! in the CC Comiin :. i orridor District. 19. Amend \rtiele I0 Nonconforntl' a lases to allow nonconforming uses and structures to be expanded, enlarged. r increased on the in,, tract on which the use or structure is located on the effective date of the adopr.,,a of the ordinance ni.i ey,:eed 50°,0 of the square feet of the current structure as it existed on the clleci e kite of the adopt , the ordinance. 20. Amend Section lll.(,.B.I to .yhen land used for a legal nonconforming use shall cease to be used in such niauncr for a period o! six mouths_ 21. Omit Se,nuu 10.6.E. Wiwi, I. structure in which a nonconforming use is housed, operated or ntaintimio' `. is damaged to the of more ihe 73 percent of its reasonable value by fire, explosion, or other casualty or act or God .., H)IIc menu 22. Add Seciii,n 1.8 Savings/Relo.n i_ t C the passage of this Ordinance, no presently illegal use shall be deemed c been legalise;± specifically such use falls within a use district where the actual use Is a conl,a,ming use. Othcn'. uses shall remain nonconforming uses where recognized, or an illegal nr ' ;is the case ivav i' Oki any part of this Ordinance be declared unconstitutional or invalid h coos+ ,.il nontpetcnl jnn,. i is eypressly pros ided that any and all remaining portions of this Urdinane. shrill remain in !ill! I ' ,uri effect �tnnitc,of Auvember 13,211111 \vxlic('its Council ['Age l Any and provisions of at ;nc: in conflict with this Ordinance are hereby repealed; but such repeal slid not abate an pci,_::i , , :.tsecution for ynotation of the repealed ordinance, nor shall the repeal prevent a prosecution front hot: .ouuueneed for art v violation if occurring prior to the repeal of the Ordintaio. 23. Add Sec 19 Estoppel \\ 1 Inc Iailtire of the City of Wylie to enforce any term or condition of this 1_)rduunioo shall not con ,..': I;11 or or estoppel of anv subsequent Councilman"lion sccolided the moth.. ,,ic was taken and the motion was approved, 6-0. Councilman Young absent. The folloymg item!, considered as a .itc zoning ordinance. required a separate vote. Councilman AVorie� made a 'tout'; .,vo 'lie recouuueneted zoning for the tract of land identified as the Peerless Propertl ;ocated on Ballard adoption of Ordinance No. 2001-49. Councilman Trout seconded the motion A vote ooas taken and the , H was approved_ 6-1). Councilman Young absent. Councilman Scott made a motion to :ihi Inc recommended zoning for the tract of land identified as the Wylie Bilco Birnlinghait and Ltd. properi at Brown and F M. 1378 until the first regular meeting in December (December I I. 200':1 Councilman l ,Ward the 'notion. A vote was taken and the motion was approved, 6-0. Councilman young absent. Councilman Scot' 'Wade a emotion to '};;.- ,c the recommended zoning for the tract of land identified as 1404 Martinez Lane adoption of No. 2001-50. Councilman Trout seconded the motion. A vote was taken and the mot vvas approved. ..'Weinman Young absent. READING:OF ORDINANCES I I 11 141. (...A P I`I()N AP PRQ V ': :::> 6iN . `: :::::::::><:::::>::>::> ':.::..: ::: RE© Bl WyklE 'try'( ! The ordinance captions for approv ih nances numbers 2001-48. 49, and 50 were read into the record as required bI tl:c A vlie City EXECUTIVE-SESSION The Mayor then ;on\cued into Lxec'ni ession at 12:01 a.m. in accordance with Chapter 551, Government Code.Vernon's I A:is Code Annotates) ..'it Meeting Act). Section SS 551.071 Consultation with Attorney; (A) pending or contemplated litigation +_ I spinoza y. ('its of Ws lie and Lanny Payne v. City of Wylie. R.EC ON ti E N E I N I(J V,E N l\11, 1 t e N(, The follow mg ac"on was taken as a )1 tic I yantiv c Session. Councilman Joel Scott made a motion to approve the Afire,'tent for Complet't 'onstruction at 0 )99 Parker Road, Wylie, Texas. Councilman Trout seconded the ntottar A vole Was talc. ,I. lie 'notion vvas approved. 6-0. Councilman Young absent. A:DJO1J R IN \7 Councilm:1 o I rot, node a ,notion . Hogue seconded the motion and the meeting was adjourned John Mondy,Mayor ATTEST: Barbara A Salin.i.s, ('ity Secretarn liuurt,i�I A,, cwbcr 13,211111 \\ tie('ih ('outwit I't i WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4A Addition, being all of a certain 5.91 acre tract of land east of Country Club Road (F.M 1378) and north of Talladega Drive, situated in the J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 33 lots for attached single-family residential dwellings, as well as common open space and parking. The Plat dedicates public streets and alleys, and provides additional right-of-way for the future widening of Country Club Road. The property has been zoned Single-Family Attached (SF-A) Residential since 1985. On November 13, 2001, the City Council adopted a revised City-wide Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to Single-Family 8.5 Residential. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as attached single-family dwellings in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees — Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal generally complies with the recommendations of the Comprehensive Plan, due to its adjacency to the recommended Village Center, retail zoning and existing school. 3. Section 4.05G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 2001, Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat ala".1"4444 Prepared by Revie ;-n by inancei City Manag r proval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. C . December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4B Addition, being all of a certain 8.03 acre tract of land east of Country Club Road (F.M 1378) and south of Talladega Drive, situated in the J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 46 lots for attached single-family residential dwellings, as well as common open space and parking. The Plat dedicates public streets and alleys, and provides additional right-of-way for the future widening of Country Club Road. The property has been zoned for Single-Family Attached (SF-A) Residential uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to Single-Family 8.5 Residential. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as attached single-family dwellings in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees — Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal generally complies with the recommendations of the Comprehensive Plan, due to its adjacency to the recommended Village Center, retail zoning and existing school. 3. Section 4.0.5G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 2001, Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat d404-0t"rta Prepared by Revie d by Finance City Ma a pproval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. D December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 5 Addition, being all of a certain 5.25 acre tract of land east of Country Club Road (F.M 1378) and north of Park Boulevard, situated in the J. McUlmurry Survey, Abstract No. 629, and the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 5 separate lots for retail uses, totaling 5.25 acres. The Plat dedicates additional right-of-way for the future widening of Country Club Road and provides an easement for common access across the frontage of the lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to Neighborhood Services (NS) retail uses. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal generally complies with the recommendations of the Comprehensive Plan, due to its adjacency to the recommended Village Center, high-density residential zoning and existing school. 3. Section 4.05G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 200I, Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by Review y Finance City 1 Approval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. E, . December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 6 Addition, being all of a certain 14.31 acre tract of land east of Country Club Road (F.M 1378) and south of Park Boulevard, situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 7 separate lots for retail uses, totaling 14.31 acres. The Plat dedicates additional right-of-way for the future widening of Country Club Road and Park Boulevard, and provides easements for common access connecting all lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map specifically rezoning the subject property (as well as other Birmingham Land parcels)to Neighborhood Services (NS) retail uses. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal generally complies with the recommendations of the Comprehensive Plan, and will serve as the recommended Village Center in association with the existing school. 3. Section 4.05G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 2001, Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat • 441014, _ Prepared by Revie d by Finan City M'na pproval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. F December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 7 Addition, being all of a certain 11.85 acre tract of land north of Brown Street(F.M. 3412) and east of Country Club Road (F.M 1378), situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create a single lot of 11.85 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to Neighborhood Services (NS) retail uses. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail uses in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that Development Impact Fees must be paid prior to the issuance of a building permit to initiate development. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property be developed for low-density residential uses. 3. Section 4.05G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 2001, Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by Revi ed "y Financ City Mana Approval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. G.. December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 8 Addition, being all of a certain 5.47 acre tract of land north of Brown Street (F.M. 3412) west of Sanden Boulevard, situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 3 separate lots totaling 5.47 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street and Sanden Boulevard, and provides easements for common access connecting all lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to Single-Family 8.5 Residential District. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that Development Impact Fees must be paid prior to the issuance of a building permit to initiate development. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property be developed for low-density residential uses. 3. Section 4.05G of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 200 I Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by eview by Finance City Man pproval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 9 Addition, being all of a certain 11.5 acre tract of land north of Brown Street (F.M. 3412) east of Sanden Boulevard, situated in the C. Atterbury Survey, Abstract No. 22 and the D. Williams Survey, Abstract No. 1021, City of Wylie_ Collin County, Texas. Background The Preliminary Plat under consideration will create 3 separate lots totaling 11.5 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street, and provides easements for common access connecting all lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to Single-Family 8.5 Residential District. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is tiled. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees Paid The applicant is aware that Development Impact Fees must be paid prior to the issuance of a building permit to initiate development. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property he developed for logy-density residential uses. 3. Section 4 05G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 200 I, Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat_ Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by Rev.e ved y Fina e City M na Approval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. I. . December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 10 Addition, being all of a certain 13. 10 acre tract of land north of Brown Street (F.M. 3412) east of Sanden Boulevard, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create a single lot totaling 13.1 acres for multi-family residential uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street, and provides easements for common access connecting all lots. The properly has been zoned to allow Multi-Family Residential uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to single-Family 8.5 Residential. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as multi-family residential in accordance with requirements of'the Zoning Ordinance and Map then in force. Section 212 005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that ' the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is tiled A plat is considered approved by the municipality unless it is disapproved within that time period- Financial Considerations Plat application fees Paid The applicant is aware that Deveiopment Impact lees must be paid prior to the issuance of a building permit to initiate development_ Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal generally complies with the recommendations of the Comprehensive Plan that the property b icy eloped for medium to high-density residential uses in association with the neighborii;g Village Center Retail and school. 3. Section 4u5(i of the subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore. the applicants right to attached residential development, to be maintained valid. Section 9 D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 200 I Planning, and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat Staff Recoimtmendation Approval The Departments of Development Services, Public Works and Fire concur with this recommendation_ Attachments Preliminary Plat Prepared Rey i -d hGe City M age royal WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. 3. December 11 , 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 11 Addition, being all of a certain 18.4 acre tract of land north of Brown Street (F.M. 3412) and west of Westgate Way, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 5 separate lots totaling 18.4 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, rezoning the subject property (as well as other Birmingham Land parcels) to Single-Family 8.5/17 Residential District. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that ' the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is tiled. A plat is considered approved by the municipality unless it is disapprov ed within that time period. Financial Considerations Plat application tees Paid The applicant is aware that Development Impact Fees must be paid prior to the issuance of a building permit to initiate development Other Considerations 1. Stall'has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property be de\(loped for medium to hid-density residential uses. 3. Section 4 056 of the Subdivision Regulations provides that a final plat must be approved within 180 day s of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, theretbie the applicants right to attached residential development, to be maintained valid. Section 9 D of the new Zoning a dinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November ?tt. 2t>t)I_ Planning. and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat Staff Reco in iii en(In ion Approval l'he Departments of De\clopment Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat 1 r Prepared by Re(wed by Finan e City Mina pproval 2 WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. K December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 12 Addition, being all of a certain 3.1 acre tract of land north of Brown Street (F.M. 3412) and east of Westgate Way, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 3 separate lots totaling 3.1 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street, and provides easements for joint access connecting all lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) Single-Family Residential (SF-8.5/17) District. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that Development Impact Fees must be paid prior to the issuance of a building permit to initiate development. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property be developed for medium to high-density residential uses. 3. Section 4.05G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to attached residential development, to be maintained valid. Section 9.D of the new Zoning Ordinance (as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 2001, Planning and Zoning Commission meeting, the Commission voted 5-1 to recommended approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by Revi ed by Financ City Man Approv WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. L . December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Peerless manufacturing Company Plant No. 1 Addition, being all of a certain 34.1059 acre tract of land west of North Ballard Avenue(FM 2514) and north of the Union Pacific Railroad, situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create a single lot of 34.1059 acres for Industrial uses. The subject property abuts residential developments to the west and south, including an existing western access/egress through the residential neighborhood by Vicki Lane, but has limited frontage (287 feet) along North Ballard Avenue for potential access/egress. The property abuts the freight railroad corridor for a distance of 196 feet. This property has been zoned for Industrial uses since at least 1991 and held by the current ownership for several years with the intention of developing an industrial facility for the relocation of their existing manufacturing operations from a neighboring municipality. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property to Single-Family Residential 8.5/17 District. The subject Plat was submitted and accepted for review prior to the Council's consideration of the rezoning, thus vesting the right to develop the property for industrial uses. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid Development Impact Fees paid prior to issuance of a building permit to initiate development. Other Considerations 1. Staff has reviewed the proposed Preliminary Plat and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The proposal does not comply with the recommendations of the Comprehensive Plan, which the recent rezoning is intended to support, that the property be developed for residential uses. However, its adjacency to railroad and its configuration which limits access/egress limit its attraction for lower-density residential development favor its development for light industrial uses which can be made compatible with the adjacent residential developments. 3. Section 4.05G. of the Subdivision Regulations provides that a final plat must be approved within 180 days of the date of approval of this Preliminary Plat in order for the Preliminary Plat, and, therefore, the applicant's right to industrial development, to be maintained valid. Section 9.D of the new Zoning Ordinance(as well as Section 29A of the previous Zoning Ordinance under which the applicant seeks to be vested) requires that a site plan of the proposed development be approved by the Planning and Zoning Commission prior to issuance of a building permit. The final plat and site plan should be submitted and reviewed simultaneously. Board/Commission Recommendation At the November 20, 2001, Planning and Zoning Commission meeting, the Commission voted 4-2 to recommended approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat A. 4110 Prepared by evie d by finance City .na,�j pproval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. M. December 11, 2001 Issue Consider and act upon a Final Plat for the Twin Lakes Phase V Addition, generally located south of Alanis Drive and west of South Ballard Avenue (FM 2514) and Twin Lakes Phase IV, being all of a certain 007 acre tract of land owned by Twin Lakes, L.P. being part of a called Tract 1 according to a deed recorded in the County Clerk's File No. 97-0054771, and situated in the Allen Atterberry Survey. :\;»tract No 23. City of Wylie, Collin County, Texas. Background The Final Plat for Phase V of the Twin Lakes Addition includes 23.007 acres and will create 67 single-family residential lots of a minimum size of 8,500 square feet, as well as provide for the extension of the Alanis Drive collector Phase 1 of the Twin Lakes Addition was initially platted and developed from 1987 through 1989. A Preliminar\ Plat for Phase II, which includes the area currently under consideration as Phase V, was approved in 1988. and Phases 11 and Ill have subsequently been developed. Phase IV was approved in May of:'00 I and development has recently been initiated. On November 13. 20ii I . the City Council adopted the revised Zoning Ordinance and Zoning Map, rezoning the subject property to the new Single-Family 8.5/17 District from the previous Single Familv-2 District. The subject Final Plat was submitted and accepted for review while the SF-2 zoning clasitieation and requirements ysere still in force. Both the SF-2 and SF-8.5 Districts require a minimum lot size f S.7,00 square feet. although development requirements of the two districts differ. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approyinu plats must approve a plat that satisfies all applicable regulations". Section 212.000ta states than -the municipal authority responsible for approving plats shall act upon a plat within 30 ass after tic date the plat is tiled A plat is considered approved by the municipality unless it is disapproved within that time period' Financial Considerations Plat applicration tees Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Fiiia1 Plat substantially conforms to the approved Preliminary Plat. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. The Plat provides for the extension of Alanis Drive as a collector, in accordance with the recommendations of the Thoroughfare Plan. 3. The ext,nsion o1 t'anyon I.ake 1)riv e as a residential street is provided by this Plat, a portion of which "ill be constructed by the developer on City of Wylie property in order to provide access to the ('dv's sewage pump station This portion on City property is to be secured as a street easement by separate instrument other than this Plat. 4. Alleys .plc pniv ided throughout the Plat, except for Block P, where a drainage easement makes the pro isiomi of an alley unfeasible Section 2 ') of the Paving Standards states that"Alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City approval of the Plat will include a waiver of the required alleys. Board/Commission Recommendation At the December 4. 2001. Planning and loving Commission meeting, the Commission voted 6-0 to recommend approval of this plat Staff Recommendation Approval. l he Departments of Des,eiopment Services_ Public Works and Fire concur with this recommemi Hi lull Attachments Final Plat Prepared 4mniice City pproval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. N . December 11 , 2001 Issue Consider and act upon a Final Plat for the Sage Creek Phase IV Addition, generally located east of McCreary Road and north of F. N I. 544 and Sage Creek Phase VI, being all of a certain 38.3885 acre tract of land ,ovv ned bv Ashton Custer. L L C according to a deed recorded in the County Clerk's File No. 9$-t)0( 7S. and situated in the \'loses Sparks Survey. Abstract No. 849, City of Wylie, Collin County, Texas_ Background The Final Plait for Phase IV of the Sage ('reek Addition includes 38.3885 acres and will create 120 single-taniily residential lots of a minimum size of 7 200 square feet, as well as provide for 10.5 acres of open spa. e The Sake Ci eek Addition was established by a Planned Development District (PD 99-9) in 1999, as a revision IL the earlier Lakeside Estates Planned Development District(PD 98-5). Final Plats have subsequently. been filed and public infrastructure accepted for Phases I, II, III, V and VI as well as for an Amenity Center of this Addition. Section , I _' 0h5 of the Texas Local Government Code states that "the municipal authority responsible appi ovin plats must approve a plat that satisfies all applicable regulations". Section 212.009i a) 'tates thtit the municipal mill y responsible for approving plats shall act upon a plat within 3() dacs after the date the plat is tiled A plat is considered approved by the municipality unless it is disapproved within that time period'. Financial Considerations Plat applictition fees Paid The appl eau rs aw are that de\elopment impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The I ine! Plat substantially conforms to the approved Preliminary Plat. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. The Jedicait :s -t(:) I aet es of public open space, most of which is within the floodplain. 3. Alleys <u t not pi tried by the Pint. as the approval by the City Council of the Concept Plan of the Planned l)crclupment District constitutes a waiver of the required alleys which will be constructed by the developer on City of Wylie property in order to provide access to the City's sewae pump station. This portion on City property is to be secured as a street easement by separate instrument other than this Piat. Boardi( o►►►mission Recommendation At the December I. 100i. Planning and tuning Commission meeting, the Commission voted 6-0 to recommend approval of this plat. Staff Recon►men dasion Approval [lie Departments of De\elopment Services, Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared Reyie d by Finance City Man Approval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. a. December 11, 2001 Issue Consider and act upon a Preliminary Plat for the Wood Creek Estates Addition, being a certain 41.7417 acre tract of land, generally located north of Lakefield Drive and Lakeside Estates Phase II and west of Springwell Parkway and Sage Creek Phase V, and situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The Preliminary Plat for the Wood Creek Estates Addition includes 41.74 acres and will create 151 single-family residential lots, as well as provide for 0.72 acres of open space including a location for a sewer pump station. The Planned Development District (PD 2001-46) which established the zoning requirements for the Wood Creek Estates Addition provides for an overall average lot size of 8,500 square feet. No lot shall be less than 7,200 square feet, and there shall be no fewer than 97 lots having a minimum size greater than 8,500 square feet. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009 (a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees — Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Preliminary Plat substantially conforms to the Concept Plan of the approved Planned Development District. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. The Plat dedicates right-of-way for the completion of Lakefield Drive. 3. The Plat provides accommodation for a sewer pump station within an easement. 4. The Plat provides 0.72 acre of open space as well as a landscaped entry median. The Conditions of the Planned Development District provide that all open space and landscape shall be maintained by a Homeowners Association. Board/Commission Recommendation At the December 4, 2001, Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat ix.„40Z1 Prepared by Revie e by Finance City Ma pproval WYLIE CITY COUNCIL AGENDA ITEM NO. I . December 11, 2001 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) for Single-Family residential and Village Center Mixed Uses, for a 470.00 acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in the Collin County Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to George S. Richards as recorded in Volume 775, Page 55 of the Deed Records of Collin County, Texas, and being all of a called 1.00 acre tract described in the deed to F.D. Feagin et ux, of record in Volume 914, Page 697, of said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775, Page 58, of said Deed Records, and being part of a called 2.10 acre tract described in the deed to F.D. Feagin et ux recorded in Volume 757, Page 824 of said Deed Records, and being all of that certain tract described in the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No. 93-0039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M. Hart and Charlene H. Hart described in the Collin County Clerk's File No. 96-0091287, and being situated in the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23, and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin County, Texas. (Zoning Case No. 2001-13) Background This item was tabled at the November 13, 2001 Council Meeting in order to give the applicant time to consider the Council's concerns for lot sizes, masonry requirements, size of accessory building, and availability of a school site. This Planning Report and the attached Conditions of Development reflect the applicant's modifications in response to concerns raised by Council at that meeting. The applicant is requesting rezoning of the subject 470 acres in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities, multifamily residential apartments, retail uses and private open spaces. The proposal is intended to create a Village Center community as defined by the Comprehensive Plan, and, through such comprehensive planning and coordinated design, better address several development constraints of the property. The subject property was annexed into the City of Wylie as three separate tracts between April and September of 2001. Except where the subject property adjoins W.A. Allen and Stone Roads, all of the lands abutting directly on to the subject property on all sides remain within unincorporated Collin County and are not subject to the development regulations of the City of Wylie. These adjoining properties are generally sparsely developed in scattered rural acreage patterns, and are not platted except for the Country Road Addition in the northwest corner of Stone and Troy Roads, the Beaver Creek Addition east of Beaver Creek Road and Shoreline Drive, and the Hillside Bay Mobile Home Park west of Shoreline Drive. The Concept Plan of the Planned Development District illustrates a centrally-located retail Village Center, surrounded by residential neighborhoods of varied densities, linked by parkways and open space corridors. A rural roadway circulation pattern focuses the community inward toward the Center, with limited points of access/egress to and from exterior regional streets. The subarea components will be designed and constructed in complementary phases. Of the total 470 acres, approximately 30% will remain undeveloped open space, 65% will be developed as single-family residential lots and 3% will be allocated to multifamily residential and retail uses. The Development Conditions of the Planned Development District establish a maximum number of residential dwellings of 1,350 single-family units and 250 multifamily units, or a total of 1,395 units if single-family dwellings are developed in place of the multifamily dwellings. Residential lot sizes range from 6,000 square feet to 8,500 square feet, allowing 60% to be 7,500 square feet or smaller. The PD establishes the minimum average lot size is at 7,630 square feet, the currently required minimum for the SF-8.5 district. The PD requirements are based on the Zoning Ordinance's recently- adopted residential and the currently proposed nonresidential regulations, with certain limited modification. The Planned Development District is to provide an overall unified development pattern while encouraging individuality and choice within the neighborhoods. Public Comment Forms were mailed to fourteen (14) property owners within 200 feet of this request. One Comment Form AGAINST the proposal has been returned at the time of posting. Two written comments AGAINST the request have been received from neighboring residents beyond the legal notification area, most of whom are located within unincorporated Collin County rather than the City of Wylie. Financial Considerations Zoning Application Fee - Paid Other Considerations 1. The stated purpose of a Planned Development District is to provide for the combining and mixing of uses and regulations allowed in various zoning districts and to permit flexibility and innovation in the use and design of land and development. The large size and mixed-use intent of this request, and the several potential constraints to development imposed by the site itself, support its rezoning by a coordinated PD rather than separate zoning categories. 2. The Village Center concept of the Comprehensive Plan focuses residential uses around a central commercial/institutional core. Higher-density residences, including smaller-lot single-family detached or attached dwellings or multi-family dwellings, are to be located nearest to the non- residential Village Center to encourage pedestrian access. Lower-density residential uses are to radiate outward from this central core, decreasing in density as distance from the Village Center increases. The Comprehensive Plan recommends a Village Center concept for the eastern half of subject property, with the retail center to be located at the intersection of Stone Road and Shoreline Drive surrounded by single-family residential lots of 8,500 square feet. The Comprehensive Plan recommends Suburban Residential, with single-family lots ranging from 8,500 sq. ft (1/5 acre) to one acre in size, for the properties west of Troy Road. The subject request to relocate the retail center along Troy Road and surround it with residential neighborhoods generally conforms to the Village Center concept and recommendations of the Comprehensive Plan. 3. Over 20% of the subject property is within the 100-year floodplain of Rush Creek and its tributaries. Additionally, major gas and electric transmission lines traverse the property in wide easements. These areas are not available for development, and divide the property into pockets of developable spaces which the Planned Development District anticipates developing into the residential neighborhoods, retail center and apartment complex. 4. The applicant is proposing to develop 302.73 acres or 64.6% of the total property as single-family residential lots. The Planned Development District limits the total number of single-family lots to 1,3.50, of which 60% will be smaller than the 8,500 square feet recommended by the Comprehensive Plan. The minimum average lot size shall be not less than 7,500 square feet. The general distribution of lot sizes is illustrated on the Concept Plan, but there will still be a mixture of lot sizes within each of the several residential neighborhoods. The minimum house size is established to be not less than 1,700 square feet, the same size as required by the Zoning Ordinance for the SF-8.5 district. The Planned Development District proposes to apply the requirements of the SF-8.5 Single- Family District, with the following modifications: ;fie ttpmetxt 0#0. rtir jeer Overall min. average: 7,630 sq.ft. 8,500 sq.ft.minimum Type A: 25`)/0 8,500 sq. it min. Type B: 35%(a 7,500 sq. ft.min. Type C: 40%(a),6,000 sq. it. min. ©t{ ultti 'Type A: 70 ft. 70 ft. Type B: 65 ft. 'fype C: 50 ft. Vary between 15 ft. and 35 ft 25 ft. Type A: 50%max. may be 15 ft. Type B: 45%max. may be 15 ft. Type C: 35%max. may be 15 ft.. Lesser of 10%of lot depth th or 20 ft. 30 ft.P 10 ft., as min. depth is 100 ft. ._ 10%of lot width 10 ft.current 7 ft.proposed l'ype A: 7 ft. min./ 11.25 ft. corner 25 ft.for corner lots Type 13: 6.5 ft. min. / 10.5 ft. corner Type C. 5 ft. min./8.25 ft. corner WrittMareerurt 75°/,brick or stone laid units and 100%,limited to brick or stone 25°/,cementacious siding sic;e�v�rt l3ut#rttti 15%of lot size or 600 sq. ft.max. 600 sq.ft.maximum 5. The applicant proposes the following modifications to the Basic and Desirable Standard point system of the SF-8.5 District. Lighting at destinations&activities Lighting every 200 ft. along trail Benches only on trails<6 ft. Benches on all connector walks •Peikitiiii4;tif.aAadkka Saw cut and stained walks allowed Decorative pavers,brick or stone R:1!''Sid.k.*AjfiliOitikigi Broom finish saw-cut concrete,with 20%to 50%special paving accent only at crosswalks,ramps and activity centers r temn.g o Li4s Masonry wall or landscape buffer Masonry wall only or no lots backing 4iii to onto streets f� rat� { a 2,000 feet maximum 1,300 feet maximum 6. The applicant is proposing 8.45 acres or 1.8% of the total property to be multifamily residential, with up to as many as 250 dwellings. Although this represents a potential gross density of 30 dwelling units per acre, the PD establishes a maximum permitted gross density of 15 dwelling units per acre which is the same as permitted by the Zoning Ordinance. The PD proposes to apply the requirements of the Multifamily District with the following modifications. 45 ft. or 2 stories 40 ft. crc tttg z� Uz t. Masonry v-vall or landscape buffer Masonry wall only or no lots backing ![ecfusi, :f0tS onto streets 75%brick or stone units and 100%brick or stone 25%cementacious siding 7. The applicant is proposing 10.11 acres of retail uses, or 2.2% of the total property, for retail uses. The 10 acre Village Center could ultimately accommodate as much as 220,000 square feet of neighborhood service-oriented offices and retail uses, based on the 50% maximum coverage permitted by the PD (the Zoning Ordinance limits lot coverage to 45%). The Planned Development District proposes to follow the nonresidential requirements of the Zoning Ordinance with limited modifications. The PD limits nonresidential buildings to 2 stories, although building height is proposed to allow 45 feet rather than the current 36 feet maximum height. In order to locate retail uses and pedestrian spaces closer to the street, the PD proposes restricting parking as well as landscaping from within the nonresidential front yards. The PD proposes allowing landscape screening as well as masonry walls for screening of service and loading areas. Allowed uses are to be the same as specified within the proposed Neighborhood Service District of the Zoning Ordinance (which has not yet been adopted), except that only the following uses will be permitted: • General Merchandise or Food Store greater than 5,000 sq. ft. (currently requires SUP) • Motor Vehicle Fueling Station (currently requires SUP) • Theater • Accessory Outside Sales • Recreational/Entertainment 8. Alleys shall not be required as part of this Planned Development District. Approval of the Planned Development District shall include approval of a waiver of alleys for all future subdivision plats submitted as a part of the PD. 9. The Conditions of the Planned Development District envision the enhancement of several natural features of the subject property, and this enhancement is intended to provide additional Desirable points to residential and nonresidential areas as detailed plans are submitted for consideration. These features include the following: • Preservation and restoration of wetland areas, at 10 points per acre. • Preservation of historic and archeological sites, such as the cemetery, homesteads and Native American sites, at 10 points per site. • Trail linkages to destinations outside of the development, at 20 points. • Provision of interpretive and educational elements along the trail system, at 10 points. 10. A Tree Preservation Manage Plan shall be submitted by the applicant and approved by the Director of Planning prior to any grading or construction of infrastructure improvements within the Planned Development District. The goal of this Preservation Plan shall be to preserve at least 25% of the existing riparian tree cover, 8 inches or larger caliper at a height of 4-1/2 feet above the ground. 11. A site, between 6 and 12 acres, will be made available to the Wylie Independent School District, at a purchase price equal to the developer's basis, for an elementary school. 12. Prior to the issuance of a certificate of occupancy for any dwelling unit, a Homeowners Association shall be established, with City-approved bylaws recorded in the Deed Records of Collin County. This HOA shall be responsible for the ownership and maintenance of all non-dedicated common areas and open improvements within the Planned Development District. 13. The applicant is aware that, if the Planned Development District is approved, a Detailed Site Plan must be approval by the Planning and Zoning Commission and the property must be platted prior to the issuance of any building permits. Board/Commission Recommendation This item was tabled at the October 16, 2001 meeting, when the Planning and Zoning Commission elected to continue the Public Hearing on November 6, 2001 in order to consider with the applicant certain issues of the original proposal. A Special Work Session was conducted on October 29, 2001 to consider these outstanding issues. At the November 6, 2001 Planning and Zoning Commission meeting, the Board voted 4-3 to recommend approval of the proposed zoning change. Decenting votes expressed concern for the smaller lot sizes. Staff Recommendation Approval of the requested rezoning. The proposed is generally consistent with the recommendations of the Comprehensive Plan, and the Conditions of the Planned Development District will insure the quality of development comparable to the proposed requirements of the Zoning Ordinance. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Notification List and Response Forms and Map Ordinance with Conditions and Concept Plan Prepared by Revie by Finance City Mangy pproval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2001-13 TO PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A and B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 200I. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" ZC#2001-13 LEGAL DESCRIPTION BEING a 470.00 acre tract of land situated in Collin County, Texas and being a part of the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and being part of those certain tracts of land conveyed to Joanne Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in Collin County Clerk's File Number 95-0005773 and being part of those certain tracts of land described in deed to George S. Richards as recorded in Volume 775, Page 55, Deed Records, Collin County, Texas and being all of a called 1.00 acre tract of land described in deed to F.D. Feagin et ux, of record in Volume 914, Page 697, said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in deed to Jimmie Jane Feagin of record in Volume 775, Page 58, said Deed Records, and being a part of a called 2.10 acre tract described in deed to F.D. Feagin et ux, recorded in Volume 757, Page 824, said Deed Records and being all of that certain tract of land described in deed to Edwina Collins Cook as recorded in Collin County Clerk's File No. 93-0039237, and being all that certain tract of land described in Quitclaim Deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in Collin County Clerk's File No. 96-0091287, said 470.00 tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the centerline intersection of Beaver Creek Road and Fox Hollow, said rod being an angle point in the West line of BEAVER CREEK ESTATES, SECTION ONE, an addition to Collin County, Texas; THENCE North 86°24'36" West, with the centerline of said Beaver Creek Road, a distance of 937.39 feet to a 1/2 inch iron rod set for corner; THENCE North 89°14'3 I" West, a distance of 991.62 feet to a 1/2 inch iron rod set for corner in the City of Dallas take line (Lake Ray Hubbard), from which a City of Dallas concrete monument bears South 18°18'59" West, a distance of 21.54 feet; THENCE along said take line the following calls: North 18°06'55" East, a distance of 271.42 feet to a 1/2 inch iron rod set for corner; North 43°15'40" West, a distance of 377.24 feet to a 1/2 inch iron rod set for corner; South 63°02'34" West, a distance of 399.88 feet to a City of Dallas concrete monument found for corner; South 43°54'58" East, a distance of 281.99 feet to a City of Dallas concrete monument found for corner; South 21°32'32" West, a distance of 152.62 feet to a 1/2 inch iron rod set for corner in the centerline of said Beaver Creek Road; THENCE North 80°52'29" West, a distance of 36.36 feet to a point in said road; THENCE North 51°28'20" West, a distance of 576.35 feet to a 1/2 inch iron rod set at the centerline intersection of said Beaver Creek and Troy Road; THENCE North 01°41'22" East, a distance of 159.27 feet to a point in Troy Road; THENCE North 01°09'54" West, a distance of 171.46 feet to a point in Troy Road; THENCE North 06°15'10" West, a distance of 71.55 feet to a 1/2 inch iron rod set for corner in Troy Road and West line of aforesaid J.G. Jouett Survey, said rod being the Northeast corner of J.D. Shelby Survey, Abstract No. 819 and the Southeast corner of aforesaid Aaron West Survey; THENCE North 89°07'04" West, with the common line of said J.D. Shelby Survey and said Aaron West Survey, a distance of 1048.38 feet to a 5/8 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in Deed to Billy Ray Burdine, recorded in Volume 825, Page 240, Deed Records, Collin County, Texas; THENCE North 00°23'1 1" East, a distance of 546.44 feet to a 1/2 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in deed to Jack M. Hankey, recorded in Volume 3394, Page 60, said Deed Records; THENCE North 00°22'53" West, a distance of 693.82 feet to an old barbed wire fence corner post for corner, being the northeast corner of a tract of land described in deed to Jack M. Hankey as recorded in Volume 3394, Page 60 of the Deed Records of Collin County, Texas; THENCE North 88°35'09" West, along the north line of said Hankey tract, a distance of 1578.94 feet to a 1/2 inch iron rod set for corner, being the northwest corner of a tract of land described in deed to Julie Littlejohn as recorded in Volume 3794, Page 267 of the Deed Records of Collin County, Texas; THENCE South 02°52'23" West, along the west lines of said Littlejohn and Hankey tracts, passing a 1/2 inch iron rod set at 180.18 feet for the most southerly southeast corner of said Cook tract and continuing in all a total distance of 313.37 feet to a 60-D nail set in a gravel road; THENCE North 89°02'27" West, along the centerline of said gravel road, a distance of 347.09 feet to a 60-D nail found for corner; THENCE North 01°39'30" East, passing a 1/2 inch iron rod set at 127.26 feet for the most southerly southwest corner of said Cook tract and continuing in all a total distance of 655.44 feet to an iron fence post for corner, being the northeast corner of a tract of land described in deed to Clyde Parker as recorded in Collin County Clerk's File No. 2000-0037949; THENCE North 86°45'13" West, along the north line of said Parker tract, a distance of 190.31 feet to an iron fence post for corner, THENCE North 01°47'34" East, along the east line of a called 3.99 acre tract of land conveyed to John Rice Housewright, et al, a distance of 122.06 feet to an iron fence post for corner; THENCE North 89°26'18" West, along the north line of said Housewright tract, a distance of 464.39 feet to a 1/2 iron rod set for corner on the east right-of-way line of said F.M. 544; THENCE North 02°12'16" West, along the east right-of-way line of said F.M. 544, a distance of 338.03 feet to a 1/2 inch rod set on the east right-of-way line of F.M. 544, being the most westerly northwest corner of said Cook tract and the southwest corner of a called 4.86 acre tract of land described in deed to Charlene Collins Dew as recorded in Collin County Clerk's File No. 93-0039229; THENCE South 89°13'54" East, along the south line of said 4.86 acre tract, a distance of 484.40 feet to a 3/8 inch iron rod found for corner, being the southeast corner of said 4.86 acre tract; THENCE North 00°59'21" East, a distance of 169.93 feet to a 1/2 inch iron rod set for corner on the east line of said 4.86 tract and the south line of a called 5.791 acre tract of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039230; THENCE South 89°17'11" East, along the south line of said 5.791 acre tract, a distance of 976.54 feet to a 1/2 inch iron rod set for corner, being the southwest corner of a tract of land described in deed to G.S. Richards as recorded in Volume 775, Page 55 of the Deed Records of Collin County, Texas; THENCE North 03°10'55" East, a distance of 250.10 feet to a 1/2" iron rod found for corner; THENCE North 88°49'53" West, a distance of 986. 10 feet to a 3/8" iron rod found for corner; THENCE North 89°10'37" West, a distance of 221.30 feet to a 1/2" iron rod found for corner; THENCE North 02°12'16" West, a distance of 405.16 feet to a 1/2" iron rod found for corner; THENCE South 87°47'44" West, a distance of 286.58 feet to a 1/2" iron rod found for corner; THENCE North 02°12'16" West, a distance of 457.87 feet to a 3/8" iron rod found on the east right-of-way line of F.M. 544, being the northwest corner of a called 1.00 acre tract described in deed to F.D Feagin, as recorded in Volume 914, Page 697, said Deed Records; THENCE North 87°49'07" East, along the north line of said 1.00 acre tract, a distance of 185.30 feet to a 3/8" iron rod found for the northeast corner thereof; THENCE South 02°10'53" East, along the east line of said 1.00 acre tract, a distance of 4.05 feet to a l/2" iron rod found for corner, being the northwest corner of said Feagin Tract No. 1; THENCE North 87°49'07" East, along the north line of said Tract No.1, a distance of 627.25 feet to a fence post for corner, being at an angle point in the west line of said Richards tract; THENCE North 01°06'35" East, along the east line of said Richards tract, a distance of 297.26 feet to a 1/2" iron rod found for corner, being the southwest corner of a called 1.00 acre tract described in deed to David L. Tyler and wife, Esther M. Tyler as recorded in Collin County Clerks File No. 95-0082463; THENCE South 88°37'42" East, along the south line of said Tyler tract, a distance of 149.61 feet to a 1/2" iron rod found for corner; THENCE North 01°02'04" East, along the east line of said Tyler tract, a distance of 290.67 feet to a point in the centerline of Stone Road, from which a 1/2" iron rod found for reference bears South 01°02'04" West, 32.15 feet; THENCE South 88°59'21" East, along the centerline of Stone Road, same being the north line of said West Survey, a distance of 651.48 feet to a point for corner; THENCE, along centerline of a creek the following: South 16°27'39" East, a distance of 57.46 feet to a point for corner; South 47°1 1'43" East, a distance of 65.63 feet to a point for corner; South 43°36' 17" East, a distance of 124.60 feet to a point for corner; South 29°18'38" East, a distance of 68.15 feet to a point for corner; THENCE South 88°54'O1" East, leaving said creek, a distance of 99.06 feet to a point for corner in another branch of creek; THENCE, along centerline of said branch, the following: South 58°34'23" East, a distance of 104.07 feet to a point for corner; South 08°00'39" East, a distance of 161.84 feet to a point for corner; South 43°44'54" East, a distance of 53.83 feet to a point for corner; South 19°34'30" East, a distance of 31.24 feet to a point for corner; South 49°37'59" East, a distance of 27.57 feet to a point for corner; South 01°09'12" West, a distance of 22.25 feet to a point for corner; South 22°01'47" East, a distance of 48.57 feet to a point for corner; South 23°00' I I" East, a distance of 95.60 feet to a point for corner; South 17°20'52" East, a distance of 60.80 feet to a point for corner; South 14°46'36" East, a distance of 63.07 feet to a point for corner; South 27°12'28" East, a distance of 50.89 feet to a point for corner, said point being the Northwest corner of called 106.92 acre tract as described as "IV" in aforesaid Executor's Deed; THENCE South 88°42'41" East, along the North line of said called 106.92 acre tract and generally along a meandering barbed wire fence line, a distance of 2649.46 feet to a 1/2 inch iron rod set for corner, from which an old barbed wire fence corner post bears, North 00°43'01" West, a distance of 4.8 feet; THENCE North 00°38'39" East, a distance of 877.52 feet to a 1/2 inch iron rod set, being the south line of Stone Road, and the northeast corner of a tract of land described in deed to Raymond T. Baez as recorded in Volume 1024, Page 675, said Deed Records; THENCE, South 88°39'20" East, 1663.07 feet with south line of said Stone Road to a 1/2 inch iron rod set, being the northwest corner of a tract of land described in deed to David and Linda Jones as recorded in County Clerk File No. 91-0069924, said Deed Records; THENCE, South 00°12'04" West, 1825.54 feet to a 1/2 inch iron rod set, being the easterly northeast corner of a tract of land described in deed to Birmingham Memorial Land, Trust as recorded in County Clerk File No. 97-0032430, said Deed Records; THENCE South 00°23'14" West, generally along a meandering barbed wire fence line in heavy brush, a distance of 2515.82 feet; THENCE South 00°15'12" West, a distance of 404.43 feet to the POINT OF BEGINNING, containing 470.00 acres of land, more or less. Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Bozeman Farms Estates South of Stone Road and East of F.M. 544 Zoning Case #2001-13 Planned Development Requirements: Statement of Purpose: The purpose of this Planned Development District is to permit the development of BOZEMAN FARMS ESTATES. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts and Section 4.1 Village Center Non- Residential Districts of the currently pending Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the currently pending Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. IV. Development Plans: Development shall be in conformance with the Conceptual Plan attached herewith; however, in the event of conflict between the detail plan and the written conditions of this ordinance, the written conditions shall apply. V. Specific Regulations: i. General Residential Regulations I. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 1,350 S.F. Units. The gross area density of the Multi-family Dwelling Units shall not exceed 250 M.F. Units. The Planned Development shall not exceed an average gross density of 4.0 du/a. If the multi-family site is developed as single family then the gross area density of single-family units may be increased to 1,395 units. 2. Lot Mix: A maximum of 25% of the Single Family lots will not be less than 6,000 sf, a maximum of 35% of the Single Family lots will not be less than 7,500 sf, a maximum of 40% of the Single Family lots will be not less than 8,500 sf For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Minimum Average Lot Area: The minimum average lot area shall not less than an average of 7,630 sf. 4. Alleys shall not be required as part of this Planned Development. 5. Distribution of the Single Family Dwelling Unit types (as specified in the following text; Type A, Type B, and Type C) shall be distributed within the development as shown on the detailed development plan submitted with each phase. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type "A": 8,500 s.f. b. Lot Type "B": 7,500 s.f. c. Lot Type "C": 6,000 s.f. 2. Lot Width: The minimum permitted lot widths are: a. Lot Type "A": 75 feet b. Lot Type `B": 65 feet c. Lot Type "C": 50 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots are: a. Lot Type "A": 75 feet b. Lot Type"B": 70 feet c. Lot Type"C": 55 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 100 feet b. Lot Type "B": 100 feet c. Lot Type "C": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type "A": 120 feet b. Lot Type "B": 120 feet c. Lot Type "C": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted dwelling unit square footages are: a. Lot Type "A": 1,700 s.f. b. Lot Type "B": 1,700 s.f. c. Lot Type "C": 1,700 s.f. 7. Main Structure Front Yard: Front Yard Setbacks within each of the Lot Type Zones may be varied between 15 feet and 35 feet with the following percent of 15 foot setbacks being permitted within any single block: a. Lot Type "A": 50% (15 foot min.) b. Lot Type "B": 45% (15 foot min.) c. Lot Type "C": 35% (15 foot min.) 8. Main Structure Side Yard: The minimum permitted side yards are: a. Lot Type"A": 10% lot width (7.0 foot min.) b. Lot Type "B": 10% lot width (6.5 foot min.) c. Lot Type "C": 10% lot width (5.0 foot min.) 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": 10% lot width (11.25 ft. min.) b. Lot Type `B": 10% lot width(10.5 ft. min.) c. Lot Type "C": 10% lot width (8.25 ft. min.) 10. Side Yard of Allowable Non-Residential Use: a. Lot Type "A": 30 feet b. Lot Type `B": 30 feet c. Lot Type"C": 30 feet 11. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type "A": 10% lot depth or 20 ft. b. Lot Type "B": 10% lot depth or 20 ft. c. Lot Type "C": 10% lot depth or 20 ft. This minimum rear yard is increased to 18 feet where applicable when a garage and drive face the rear yard, serviced by an alley (when alleys are provided). 12. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type "A": 30 feet b. Lot Type `B": 30 feet c. Lot Type "C": 30 feet 13. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 14. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 15. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth of all lot types. 16. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 17. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are: a. Lot Type "A": 10% lot width(7.5 ft. min.) b. Lot Type "B": 10% lot width (7.0 ft. min.) c. Lot Type "C": 10% lot width(5.5 ft. min.) 18. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 19. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed 15% of the lot area or 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 20. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. iii. MF (Multi-Family District) 1. Lot Area: The minimum permitted lot area for multi-family development is 43,560 gross s.f. 2. Lot Width: The minimum permitted lot width for multi-family development is 100 feet (at property line). 3. Lot Width Corner Lots: N/A 4. Lot Depth: The minimum permitted lot depth for multi-family development is 150 feet. 5. Lot Depth of Double Front Lots: N/A 6. Minimum Dwelling Unit Square Footage: The minimum permitted dwelling unit square footage is: a. Efficiency 600 s.f. b. 1 Bedroom 750 s.f. c. 2 Bedroom 900 s.f. d. 3 Bedroom 1,000 s.f. 7. Maximum Density: The Maximum permitted density or for multi-family is 15 units per gross acre of multi-family site area. 8. Main Structure Front Yard: The minimum permitted front yard for multi- family development is 30 feet from any property line. 9. Main Structure Side Yard: The minimum permitted side yard for multi- family development is 20 feet from any interior lot line. 10. Main Structure Side yard on Corner Lots: N/A 1 1. Side Yard of Allowable Non-Residential Use: N/A 12. Main Structure Rear Yard: N/A 13. Main Structure Rear Yard of Double Front Lots: N/A 14. Accessory Structure Front Yard: N/A 15. Accessory Structure Side Yard: N/A 16. Accessory Structure Rear Yard: N/A 17. Accessory Structure Rear Yard on Double Front Lots: N/A 18. Accessory Structure Side Yard on Corner Lots: N/A 19. Accessory Structure Minimum Distance From Main Building: The minimum permitted separation between the main structure and any accessory structure in a multi-family area is 5 feet. 20. Accessory Structure Building Area: The maximum permitted building area of accessory structures (excluding amenity centers and recreation buildings) is: a. Lots 2 acres or less 10% of lot area or 2500 sf maximum (whichever is less) b. Lots 2 acres or more 5% of lot area or 2500 sf maximum (whichever is less) 21. Main Structure Building Area: The maximum permitted building area for main structure is as approved on the final development plan. 22. Main Structure Height: The maximum permitted building height for multi- family structures shall not exceed 45 feet or 2 stories. 23. Accessory Building Height: The maximum permitted building height for accessory structures in a multi-family area shall not exceed 40 feet. iv. The Village Center non-residential core of the Planned Development shall conform to CR (Community Retail) standards and permitted uses, except as amended below: 1. Height of Main Structure: The maximum permitted height of structures shall not exceed 45 feet. 2. Number of Stories: The maximum permitted number of stories shall not exceed 2 stories. 3. Residential Proximity: Building height in areas of residential proximity shall be limited by a 3:1 height to setback slope extending from the residential lot line. 4. Front Yard Setback: the minimum permitted front yard setback for non- residential structures is 25 feet. 5. Side Yard Setback: The minimum permitted side yard setback for non- residential structures is 10 feet. 6. Rear Yard Setback: The minimum permitted rear yard for non-residential structures is 10 feet. 7. Lot Coverage: The maximum permitted lot coverage for non-residential development is 50% of gross area. 8. Non-residential Use Adjacent to Single Family: Where non-residential uses are adjacent to a single family lot line with no intervening flood plain, common area, gas easement, power line easement, or open space; the side and rear yards shall be doubled. With landscape screening this setback can be reduced to 10 feet. 9. Non-residential Use Adjacent to Multi-family: Where non-residential uses are adjacent to a multi-family lot line with no intervening flood plain, common area, or open space; the side and rear yards shall be a minimum of 20 feet. With landscape screening this setback can be reduced to 5 feet from the landscape screen line. 10. Service and Loading Areas: Service and loading areas within a non- residential area shall not be visible from the public street or adjacent residential uses. Landscape screening, which provides a contiguous evergreen leaf mass or solid screen walls, can be used to meet this requirement. 11. Permitted uses: Permitted uses in the Village Center of the Planned Development include the uses specified in an NS (Neighborhood Service) District, except as amended in the following: a. General Merchandise or Food Store greater than 5,000 s.f. b. Motor vehicle fueling station c. Theater d. Accessory outside sales e. Recreational/Entertainment VI. Single Family and Multi-Family Basic Requirements of the Village Residential District (basic requirements of the Village Residential District are the only basic requirements that apply to the single family and multi-family portions of this Planned Development except as amended below, which replace certain of the Basic Requirement Standards). i. Village Land Design Requirements: 1. Connection of Open Space to Residential Development: 4-foot walkway along neighborhood streets to single loaded streets paralleling community open spaces and flood plains. 2. Lighting and furnishing along open space and trails: Pole mounted lighting or landscape tree down lighting shall be provided at destinations, activities, and nodal points. Provide total number of benches (with backs) equal to one bench every '/2 mile of trail 6 foot wide or wider. Benches can be grouped but the space between benches (or groupings) shall not exceed 3/4 mile. ii. Street and Sidewalk Requirements: I. Sidewalk locations: Both sides of double loaded streets, one side of single loaded streets, continuous at grade pathway. 2. Sidewalk Lighting: Sidewalks paralleling streets shall be illuminated with ambient street lighting. Pedestrian only sidewalks (sidewalks not paralleling streets) shall have pole mounted lighting or landscape down lighting at destinations and activity centers. 3. Location of required alleys: Alleys shall not be required as part of this Planned Development. However, where alleys are determined necessary by the developer and such alleyways are provided adjacent to major thoroughfares, they shall be screened so as not to be viewed from the public street by either of the following: a. 6 foot masonry wall (including masonry thin wall) b. Landscape buffer (provided in addition to any required rights- of-way). The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees (equaling one tree per 50 feet of street frontage and planted in naturalized groups or rows 20 to 30 foot centers). Plans for such proposed landscape screens in any phase shall be submitted for review and approval at the time of Preliminary Plat for each phase. 4. Screening of residential units backing onto major thoroughfares: Residential units that back onto a major thoroughfare, shall be screened so as not to be viewed from the public street by either of the following: a. 6 foot masonry wall (including masonry thin wall) b. Landscape buffer (provided in addition to any required rights- of-way). The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees (equaling one tree per 50 feet of street frontage and planted in naturalized groups or rows with 20 to 30 foot spacing). Plans for such proposed landscape screens in any phase shall be submitted for review and approval at the time of Preliminary Plat for each phase. 5. Village Residential Pedestrian Crosswalks: Crosswalks shall be provided at trail and sidewalk intersections with major thoroughfares and all intersections within the retail area and shall be designated with one of the following (this does not preclude painted crosswalks as required by the City of Wylie): a Decorative concrete paver b. Brick or stone paving c. Concrete saw cutting and staining 6. Village sidewalk material: Sidewalks in residential areas shall be continuous in color, texture, and scoring pattern. Sidewalks shall be made of broom finish concrete with accent paving only permitted at crosswalks, handicap ramps, activity centers, bridges, rest areas and within the retail area. iii. Architectural Requirements 1. Exterior material facade material: All single family residential units shall have a minimum of 75% of the exterior facade on all sides as brick or stone laid masonry units. Cementacious siding can be used on 25% of the exterior facade. These percentages exclude windows, doors and other openings, and glazing shall not exceed 35% of the front elevation of the residence. Dormers or other elements supported by the roof structure are not required to be masonry. This standard does apply to coordinated block elevations, v,hich are intended to convey an historic style or "village" character (e u Traditional Neighborhood Design). 2. Units with same floor plan, same street elevation and varying street elevation: Units with the same floor plan may be repeated provided that the elevations for those floor plans are visibly different. "Visibly different' can he accomplished with differing materials or architectural details. However the same elevation shall not be repeated over a block spacing greater than 7 lots skipped both sides of the street. 3. Village residential front entry cover: The developer shall encourage builders to design single-family residential units with usable porches. As a minimum_ the front entry of any single-family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front porch with a minimum area of 40 sf and a minimum depth of 4 feet. 4. Roof pitch and materials for all single family units within the Planned Development: All single family residential units shall have a minimum roof pitch of 6: 12, asphalt shingles, and painted plumbing vents, attic vents, and other roof top accessories to match the roof shingle color. No wood shingles are permitted. 5. Garages: A two-car garage shall be required, however, attached or detached garages shall be allowed to face the street if constructed a minimum of 5 feet behind the front building setback of the house. VII. Single Family and Multi-Family Desirable Features for Meeting Point Requirements of the Village Residential District (point requirements of the Village Residential District are the only point requirements that apply to single family and multi-family portions of this Planned Development except as amended below which replace certain of the Desirable Feature Standards). i. Pedestrian Linkage to the Village Center: 100% of the units not further than 2,000 feet from a linear park that leads to the Village Center 10 points. ii. Village residential street treatment: Providing specialty accent paving at crosswalks, handicap ramps, activity centers, bridges, and rest areas 10 points. iii. Units with same floor plan, same street elevation and varying street elevation: Units with the same floor plan and same elevation separated by 9 intervening lots (skipped both sides of the street) 10 points. iv. If item "iii" is separated by 1200 feet 20 points. v. Units with same floor plan and different elevation separated by 9 lots skipped same side of the street, 7 lots opposite side 10 points. vi. If item "v" is separated by 1200 feet 20 points. VIII. Non-residential Basic Requirements of the Village Residential District (basic requirements that apply to the non-residential portions of the Village Residential District are the only basic requirements that apply to the non-residential portions of this Planned Development except as amended below which replace certain of the Basic Requirement Standards). i. Site Design Requirement 1. Access Drives: Access drives shall be located at least 150 feet from an intersection except when the site is too small to meet this requirement and alternate means of ingress/egress are approved with the detailed development plan. Access drives shall be part of a village circulation system that ties the commercial area together in a circulation path. There are no other requirements for medians or treatment of access drives. 2. Location of service and loading areas: Service areas and loading areas shall be screened so that they are not visible from a public street or adjacent residential lots. Landscape providing a continuous evergreen leaf mass or solid screen walls can be used to meet this requirement including a masonry screen wall. Landscape screens shall be planted with evergreen trees and shrubs that provide sufficient leaf-mass to accomplish an effective screen. ii. Landscape Requirements 1. Landscaping of parking lots: All site plans with required parking in excess of 12 spaces are required to provide a minimum of 24 sf of landscape area for each parking space. Required landscape shall be grouped or arranged so that no parking space is more than 60 feet horizontally/vertically or 85 diagonally from the landscape area. 2. Landscaping of street frontages: In an effort to create a"Village Center Streetscape" that brings the people spaces and retail uses into closer contact with the street, landscape buffers at the street shall be limited when the retail use is setback no greater than 25 feet from the street. This maximum setback shall be extended 20 ft. if the developer provides head- in parking from the street. In these cases, front yard landscaping shall be limited to trees in tree grates, streetscape planters, or small pockets of landscaping which do not create a visual separation between the street space and the retail space. Tree planting on uniform centers with trees located in tree grates shall be provided and arranged so that they work with the modulation of parking spaces at the street. Tree planting shall not be less than one tree for every 40 feet of property frontage at the street right-of-way. When the retail use is separated from the street by parking (other than street head-in parking), a 10-foot landscape buffer shall be provided. In order to achieve an "urban" space, trees are not required in the landscape buffer due to their conflict with the architecture close to the street and retail signage. In order to achieve an "urban" space walkways shall have a geometry that parallels the street front without the use of picturesque alignment. iii. Architectural Requirements I. Architectural compatibility: Buildings in the Village Center shall be designed to maintain architectural compatibility with residential architectural of the surrounding areas. Architectural compatibility may be achieved through the use of similar materials and responsive forms (including roof form). IX. Non-residential Desirable Features for Meeting Point Requirements of the Village Residential District (point requirements of the Village Residential District are the only point requirements that apply to the non-residential areas of this Planned Development except as amended below which replace certain of the Desirable Feature Standards). i. Site Design: 1. Building placement: Individual buildings with footprints no greater than 15,000 s.f shall earn 5 points 2. Access drives: Any development not able to locate access a minimum of 100 feet from an intersection shall earn an additional 10 points 3. Location of service and loading areas: Service and loading areas which are not visible from a public street or adjacent residential lot but which provide screening through the use of enhanced landscape (flowering trees and shrubs) or an enhanced masonry wall shall earn an additional 10 points ii. Landscape: 1. Landscaping of parking lots: Parking lots which exceed 24 sq. ft. of required per space landscape area shall earn 5 points for each additional increase in landscape area equal to 1% of the parking area up to a maximum of 25 points. X. Natural area Desirable Features for meeting point requirements of the Village Residential District (point requirements listed below may be applied to then point requirements of the residential and/or non-residential areas but any point credit must be allocated to only one area requirement). i. Enhanced Wetland Preservation: Preservation and restoration and restoration of wetland areas 10 points per 4 acres ii. Hardwood forest preservation: Preservation of native forest areas and forest habitats (of trees with an 8 in. or greater caliper 10 points per 10 acres iii. Preservation of historical and archeological sites 10 points per site iv. Provision of improved open space 10 points for every 5% of the total site area over 15% v. Trail linkages to destinations outside the development 20 points vi. Provision of interpretariv,c and educational trails 10 points vii. Provision of open spaces that implement portions of the comprehensive park master plan 10 points The developer shall provide an overall Trail Concept Plan (for all trails within the boundaries of this Planned Development) for all phases with submittal of a final plat for phase one. The trail Master Plan shall indicate phases of trail development and identify funding sources that may be acquired to implement the plan. XI. Common Area Platting: All non-dedicated/HOA maintained green belts and common areas shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. XII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. XIII. In an effort to preserve the agricultural heritage of the Bozeman Farm, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches ur greater located within an edge zone that extends 3 feet from perimeter property line XIV. Screening and Landscape: The screening and landscape strip shall be provided along FM 544. A conceptual landscape plan to be provided with the Preliminary Plat. XV. In an effort to make a land use transition from the existing homes fronting Collin County Road 732, the developer shall establish an edge, one lot deep, of lots along the eastern property line of this development that have a minimum lot size of 8,500 square foot and a minimum house size of 2,000 sf XVI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ovunership and maintenance of all non-dedicated common areas and improvements yyithin the Planned Development District, shall be filed with the Building Inspections Department. XVIII. 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K, •,,- .'', I I . ..._.je --II_ 1NW.lf,..••,7 I . --ri I i r- , i i 1 , ,,.:f-t. v1:7,4311" i i 1 . ! 1 i ..•. I, sr 0...11.9VOlt•minollow s' "Ma It 4 ..alriqjr- 1 i i I I I . ; . 1 iiVrA illIMI4k. lll ,/ %., i I I i I e ! I I I I I 1 1 I I I r---- i 1 I I I I ' i, I I J r---- 1 ______,______, i li . L__, A .•,14 74 1111 P ____ _ii I__I ,,io_.10 1.42,.% . .— PUBLIC COMMENT FORM (Please type or use black Ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-13. P I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 16, 2001,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 13,2001,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ere 1Z ll eL-L r Q,— /�/ccov�r (please print) Su° Address: 101 S Fcox ktno D -^ — J�b P(`I) l 112141 uL Signature: Date: 1 O,% o 1 COMMENTS: ,SSt,i N utn.e, ca. o G S1 ►JeL 1-A ' -•t b:adi-1/4.1n3GS SHdwil 6e Curut ,n"c ICsoc• 2. �. ACK. C. ' oan�' S►Nt, t ,ram �..y �'.. rt v t S A D J rro wo-- ,SS�- 3 4 [L.,P<►c i^n ��t�-,nr,►flL Sc �,n-.ems TovPPa`c.r cSva l— � � Me' Fir Qtv vin) r ro <6 /vsr-RJcnort/ O' /Tc S Mov710,4a-o 1r.1 1SSut Z .r 3 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case ---'\1 #2001-13. 1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 16, 2001,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 13,2001, 6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (II h( nn/}? t f 1 rn ,q i c/,?cl✓ (please print),,! Address: /L _,? O.A-0 CC CI) / t4'�-1V e-- (�) //i, t/ 4 o iL( Signature: v ll � /,�� G�tvi r- . Date: 472 v l2 7� 7 000MMENTS: a)i I /L ��i• /tpc s5144-- ir_oX'(, nl ts1_./ i5 / il- 60 t /cam,m c 0( <-, iiil c. c L Q Mt() Lie2 , \ , • eE�ts i cc lj ((��/ _ J/ 4.,( ' 0 /1 t C'4��r 1 /2,-✓(Y/ C�/��+t �--l�':c%ii,7J e cLi / / ... 'I` NOV 1 2 Z001 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-13. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 16, 2001,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 13,2001,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 2' ' j/ /9-/jp i q1 Q (please print) / Address: 5")/3 6", Fox ILG1J(( Signature: AA,-& alfkLi'erDate: // 9- O/ COMMENTS: L L NOV 1 2 2001 By NOTIFICATION REPORT APPLICANT: Realty Development Trust APPLICATION FILE #2001-13 6032 Richwater Dallas,Texas 75252 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 6032 Richwater 1 Realty Development Trust Dallas, Texas 75252 Stone Grove Addn 1019 Foxwood Lane 2 B Lot 5 R-2248-00B-0050-1 Peter Zeller Wylie,Texas 75098 Stone Grove Addn 1019 Foxwood Lane 3 B Lot 6 R-2248-00B-0060-1 X Peter Zeller Wylie,Texas 75098 Stone Grove Addn 1023 Foxwood Lane 4 B Lot 7 R-2248-00B-0070-1 X John Knackstadt Wylie,Texas 75098 Stone Grove Addn 513 S.Foxwood Lane 5 B Lot 8 R-2248-00B-0080-1 X Johnny Aldridge Wylie,Texas 75098 P.O.Box 546 6 Abst 475 Tract 13 R-6475-000-0130-1 Birmingham Memorial Trust Wylie,Texas 75098 P.O.Box 546 7 Abst 475 Tract 34 R-6475-000-0340-1 Birmingham Memorial Trust Wylie, Texas 75098 P.O. Box 546 8 Abst 979 Tract 45 R-6979-000-0450-1 Birmingham Memorial Trust Wylie,Texas 75098 2000 Hwy. 78 North 9 Abst 979 Tract 56 R-6979-000-0560-1 City of Wylie Wylie,Texas 75098 1320 E.Stone Road 10 Abst 979 Tract 25-9 R-6979-000-0259-1 George Richards Wylie,Texas 75098 Jimmie Jane Feagan 1095 E.FM 544 11 Abst 979 Tract 24 R-6979-000-0240-1 c/o F.D. Feagin Wylie,Texas 75098 1275 E.FM 544 12 Abst 979 Tract 31 R-6979-000-0310-1 Edwina Cook Wylie,Texas 75098 1275 E. FM 544 13 Abst 979 Tract 21 R-6979-000-0210-1 Edwina Cook Wylie,Texas 75098 13118 Southview Lane 14 Abst 979 Tract 41 R-6979-000-0410-1 Billy Burdine Dallas,Texas 75240 Collin County 210 S.McDonald Street 15 FM 544 Commissioners Court McKinney,Texas 75069 Collin County 210 S. McDonald Street 16 Stone Road Commissioners Court McKinney,Texas 75069 Collin County 210 S.McDonald Street 17 Troy Road Commissioners Court McKinney,Texas 75069 WYLIE CITY COUNCIL AGENDA ITEM NO. c... December 11, 2001 Issue Hold a Public Hearing to consider and act upon a change in zoning of a 9.977 acre tract of land from Single-Family Attached Residential (SF-A), including a 7.977 acre tract to Multi-Family Residential (MF) and a 2.00 acre tract to neighborhood Service Retail (NS), being part of a called 109.898 acre tract conveyed to Dixie Mortgage Loan Company by deed recorded in Volume 2668, Page 405, of the Real Property Records of Collin County, Texas, and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case No. 2001-14) Background The subject property totals 9.977 acres in size, and fronts approximately 850 feet along Westgate Way. It is not platted. The applicant is requesting the change in zoning in order to develop the majority of the property (7.977 acres) as assisted living residential for senior citizens and the remaining portion (2 acres) as neighborhood services retail uses. Assisted living accommodations are permitted only within the Multi-Family district. When the application for rezoning was submitted and accepted for review, the subject property was zoned for Single-Family Attached/Townhouse Residential (SF-A) uses, and had been zoned as such since at least 1991. On November 13, 2001, the City Council adopted a revised City-wide Zoning Ordinance and Map, rezoning the property Townhouse (TH-15) District. The adjacent properties to the north are zoned and developed as Planned Development Districts (PD 93-32 and PD 95-13) for single-family residences allowing minimal lots of 6,200 square feet lots. The property to the east is undeveloped but is zoned as a Planned Development District (PD 90-22) for zero-lot-line residences. The property to the west across Westgate Way is zoned Townhouse (TH/15) Residential District, permitting attached dwellings of up to 15 units per acre. The property abuts the railroad corridor to the south, and the properties south of the railroad are zoned Commercial Corridor (CC) District_ converted from Industrial (I) by the newly adopted Zoning Map. Public Comment Forms were mailed to ten (10) property owners within 200 feet of this request. Three Comment Form have been returned, FAVORING the proposed rezoning. In addition, forty- eight (48) written responses have been received from residents living beyond the required 200 feet notification area expressing OPPOSITION to the proposed rezoning. Financial Considerations Zoning Application Fee - Paid Other Considerations 1. The Comprehensive Plan recommends Suburban Residential uses for the subject property. The Plan defines the Suburban Residential land use category as detached residences of between 8,500 square feet and one acre in size. The proposed zoning is not consistent with this recommendation of the Plan. 2. However, the Residential District provisions of the Zoning Ordinance, adopted in July of 2000 to implement the recommendations of the Comprehensive Plan, classifies single-family residential lots of 8,500 square feet as a Village Residential District to be associated with higher-density attached residences. The proposed zoning is consistent with this philosophy of the Zoning Ordinance. 3. The Thoroughfare Plan recommends that Westgate Way, the west boundary of the subject property, ultimately be developed as a 4-lane divided collector street. The subject property abuts the railroad to its south. Attached single-family residences (zero-lot-line configuration) are anticipated to be developed on the adjoining property to the east, and apartments are developing further to the east. Approximately 1.3 acres abutting the property to its north will remain zoned Townhouse District, allowing development of attached single-family residences at a density of up to 15 dwelling units per acre. These adverse adjacency issues favor the proposed higher- density multi-family development rather than the lower-density residences recommended by the Comprehensive Plan. 4. The applicant has stated the intent to develop the Multi-Family portion of the proposal as assisted living residences for senior citizens. Assisted living apartments are permitted within the Multi- Family District but not within the Townhouse/15 District. The tract can not be restricted by the City to assisted living accommodations except by rezoning to a Planned Development District, and the straight Multi-Family zoning will allow traditional apartments at a density of 15 dwelling units per acre. The potential traditional Multi-Family development is consistent with the existing and allowed attached residences on neighboring properties as well as the potential adverse impacts of the thoroughfare and railroad. 5. A site plan must be approved by the Planning and Zoning Commission prior to the issuance of any building permits on either the Multi-Family or Neighborhood Services Districts. 6. The properties must be platted and development impact fees paid prior to the issuance of any building permits. Board/Commission Recommendation At the December 4, 2001 Planning and Zoning meeting, the Commission voted 4-2 to recommend approval of this zoning case. Staff Recommendation Approval. The property's location on the high-traffic thoroughfare of Westgate Way and railway corridors, as well as its adjacency to existing and permitted attached and smaller-lot detached residential favor its development for higher-density residential . The Department's of Development Services, Public Works, and Fire concur with this recommendation. Attachments Notification List and Response Forms Ordinance with Conditions and Zoning Eyhibit Map 4.44.11.4 fvu Prepared by evie$d by Financ City Approval 12/65/2061 16:51 2145227244 DICK SKORBURG PAGE 62 December 5,2001 Claude Thompson City of Wylie 2000 Hwy 78 Wylie,TX Dear Claude: The Skorburg Company is requesting the city remove Zoning Case No. 01-14 from the agenda of the Wylie City Council meeting,scheduled for December 11,2001. Cordially, Ryan Betz / -Ate_ t c-mvi tc9 71AirJAAre A, -auth itt-b2." eyvt,c,4-14-1A,--['ee7 -A_ Lt):4-tt ctv- t,L)7tJ +1,,f_ „rer,J. • flu-l6E7 4-a/14 e d - 4 d ) v\e-efr(A)4J9- en/Ur/1J- 10-Q_ t/c (.1cto s€,14 MA,C1- V1/10/02 1/1"-0-+ 1) v1)1.'" " z Di ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE #2001-14 TO, MULTI-FAMILY RESIDENTIAL (MF) DISTRICT CLASSIFICATION, AND TO NEIGHBORHOOD SERVICE (NS) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, hay.e given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Multi-Family Residential (MF) District Classification, and Neighborhood Service (NS) District Classification, said property being described in Exhibit "A" and "B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict w,ith the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full lbrce and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification_ SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph sentence. subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing_ abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of 200I By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Legal Description ZC #2001-14 Tract One— Mutli-Family BEING 7.977 acres situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas and being part of a called 109.898 acre tract of land conveyed to Dixie Mortgage Loan Company by deed recorded in Volume 2668, Page 405, Real Property Records, Collin County, Texas. Said 7.977 acre tract, with the bearing basis being the southerly boundary line of aforesaid Dixie Mortgage Loan Company tract, being more particularly described by metes and bounds as follows: BEGINNING at the southern most southeast corner of aforesaid Dixie Mortgage Loan Company tract and being on the northern right-of-way line of a Dallas Area Rapid Transit tract(a 100' right-of- way); THENCE, South 87 degrees 09 minutes 28 seconds West, along the common south property line of aforesaid Dixie Mortgage I_.oan Company tract and said northern right-of-way line, a distance of 250.00 feet to a point for corner, THENCE, leaving said common line, over and across aforesaid Dixie Mortgage Loan Company tract the following courses and distances_ North 02 degrees 50 minutes 32 seconds West. a distance of 150.00 feet to a point for corner North 55 degrees 28 minutes 47 seconds West, a distance of 340.97 feet to a point for corner, said point being on the east right-of-way line of Westgate Way, a tract of land conveyed to the City of Wylie, as recorded in County Clerk's File Number 96-0057224, Real Property Records, Collin County. Texas. and being the beginning of a non-tangent curve to the right, having a central angle of 10 degrees 01 minutes 22 seconds, a radius of 517.50 feet and a long chord that bears North 3 I degrees 43 minutes 32 seconds East, a distance of 90.41 feet; THENCE, over and across aforesaid Dixie Mortgage Loan Company tract and along said eastern right-of-way line, the followw-ing courses and distances: Along said non-tangent curve to the right, an arc distance of 90.53 feet to a point for corner and being the beginning of a reverse curve to the left, having a central angle of 26 degrees 05 minutes 02 seconds, a radius of 582.50 feet and a long chord that bears North 23 Degrees 41 minutes 41 seconds Fast. a distance of 262.90 feet; Along said reverse curve to the left. an arc distance of 265.18 feet to a point for corner and being the beginning of a reverse curve to the right having a central angle of 21 degrees 20 minutes 07 seconds. a radius of 5 17 SO feet and a long chord that bears North 21 degrees 19 minutes 13 seconds East, a distance of 191.59 feet, Along said reverse curve to the right, an arc distance of 192.70 feet to a point for corner; North 31 degrees 59 minutes 17 seconds East, a distance of 139.87 feet to a point for corner; THENCE, over and across aforesaid I)ixie \1ortga4e Loan Company tract, the following courses and distances: South 58 degrees 00 minutes 13 seconds East, a distance of 93.78 feet to a point for corner and being the beginning of a tangent curve to the left having a central angle of 30 degrees 15 minutes 20 seconds, a radius of 375 00 feet and a long chord that bears South 73 degrees 07 minutes 53 seconds East, a distance of 195.73 feet; Along said tangent curve to the left an arc distance of 198.02 feet to a point for corner, being on a southeasterly property line of aforesaid Dixie Mortgage Loan Company tract; THENCE, South 01 degrees 45 minutes 23 seconds West, along aforesaid southeasterly property line of Dixie Mortgage Loan Company tract, a distance of 839.31 feet to the POINT OF BEGINNING and containing 7.977 acres of land_ more or less. Legal Description ZC #2001-14 Tract Two — Retail BEING 2.000 acres situated in the EC. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas and being part of a called 109.898 acre tract of land conveyed to Dixie Mortgage Loan Company by deed recorded in Volume 2668, Page 405, Real Property Records, Collin County, Texas. Said 2.000 acre tract, with the bearing basis being the southerly boundary line of aforesaid Dixie Mortgage Loan Company tract_ being more particularly described by metes and bounds as follows: COMMENCING at the southern most southeast corner of aforesaid Dixie Mortgage Loan Company tract and being on the northern right-of-way line of a Dallas Area Rapid Transit tract(a 100' right-of- way); THENCE, South 87 degrees 09 minutes 28 seconds West, along the common south property line of aforesaid Dixie Mortgage Loan Company tract and said northern right-of-way line, a distance of 250.00 feet to the POINT OF BEGINNING; THENCE, South 87 degrees 09 minutes 28 seconds West, continuing along said common line, a distance of 337.67 feet to a point on the eastern right-of-way line of Westgate Way, a tract of land conveyed to the City of Wylie_ as recorded in County Clerk's File Number 96-0057224, Real Property Records, Collin County. Texas: THENCE, over and across aforesaid Dixie Mo►tgage Loan Company tract and along eastern right-of- way line, the following courses and distances North 03 degrees 14 minutes 00 seconds West, a distance of 98.12 feet to a point for corner and being the beginning of a tangent curve to the right having a central angle of 29 degrees 56 minutes 5 I seconds. a radius of 517.50 feet and a long chord that bears North I 1 degrees 44 minutes 2nn seconds Last, a distance of 267.42 feet; Along said tangent curve to the right, an arc distance of 270.49 feet to a point for corner; THENCE, leaving said eastern right-of-vv av line, over and across aforesaid Dixie Mortgage Loan Company tract, the following courses and distances: South 55 degrees 28 minutes 47 seconds East, a distance of 340.97 feet to a point for corner; South 02 degrees 50 minutes 32 seconds East_ a distance of 150.00 feet to the POINT OF BEGINNING and containing 2 ()00 acres of land, more or less. NOTIFICATION REPORT APPLICANT: Skorburg Company APPLICATION FILE #2001-14 3838 Oak Lawn,Suite 1212 Dallas, Tx. 75219 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Westgate 1 213 Towngate Drive 1 1 Lot 27R R-2151-001-027R-1 Bradley Moss Wylie,Texas 75098 Westgate 2 216 Westgate Way 2 10 Lot 30 R-3275-010-0300-1 Glenn Lighfford Wylie,Texas 75098 544 Industrial Park 345 Willow Wood Street 3 1 Lot 4 R-2000-001-0040 Thomas Reed Plano, Texas 75094 544 Industrial Park 4608 Ainsley Drive 4 1 Lot 5R R-2000-001-005R-1 Chester Lagrone Plano,Texas 75024 12890 Hillcrest Road #106 5 Abst 266 Tract 34 R-6266-000-0340-1 Wylie 1997 Dallas,Texas 75230 P.O.Box 593 6 Abst 266 Tract 30 R-6266-000-0300-1 Dixie Mortgate Loan Company Mission,Texas 78573-0593 P.O. Box 66016 7 Abst 266 Tract 37 R-6266-000-0370-1 DART Railway Dallas,Tx. 75266 P.O. Box 593 8 Abst 266 Tract 25 R-6266-000-0250-1 Sal Del Rey Properties Mission,Texas 78573-0593 P.O.Box 109 9 Abst 266 Tract 26 R-6266-000-0260-1 AWLM Industries, Inc. Rowlett,Texas 75030-0109 P.O. Box 127 10 Abst 266 Tract 24 R-6266-000-0240-1 Lanell Gunter Claude,Texas 79019-0127 Applicant 3838 Oak Lawn,Suite 1212 11 Skorburg Company Dallas,Tx. 75219 12 13 14 15 16 17 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-14. 1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-14. Date,Location &Time of Planning&Zoning Commission meeting: Tuesday, December 4, 2001,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location &Time of City Council meeting: Tuesday, December 11,2001,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: e f L Ienv t (CiG / I) (please print) _ Address: Q Cl 6 �S (A) 6-5,S / - WPfr--- b It d 5( 7S Signature:Date: //7 /O/ COMMENTS: /// PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-12. 1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-12. • Date, Location &Time of • Planning&Zoning Commission meeting: Tuesday,October 16, 2001,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location &Time of City Council meeting: Tuesday,November 13,2001,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: TA if ) �� (, )re: (please print) I / � �/ Address: (.:)( / / / L (/ f —1 7 3 ; r, S. 1 - I Date: -;- COMMENTS: RECEIVED OCT 0 1 2001 CITYO,FWYLIE PUBLIC COMMENT FORM (Please type or use black ink) . Department of Planning 2000 Highway 78 North Wylie,Texas 75098 t/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-12. am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-12. Date, Location &Time of Planning&Zoning Commission meeting: Tuesday,October 16, 2001,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie.Texas Date, Location&Time of City Council meeting: Tuesday,November 13,2001, 6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: k4NLL Vc _77I L k; (please print)p Address: {� (9 60 X. j(72 7 _ C L R u bE _Tex R5 7Z)/7- 0 /027 Signatur Date: // i COMMENTS: RECEIVED OCT 0 2 2001 • CITY OF WYLIE • .., ____()____ cy.).____w *tic 0 CJ 411/7fr &6Q pN‘e Tr � �7, 0 0 m Ni IA] ,A i irk+ei 2 I go .. _ . . _ . ._ .._.. Trio i I • • • #a'az E•+- 6. ••, T a.t• '+S'eKsh'` :-w{ '.Ind; I • . 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DAVIDSON SURVEY, ABSTRACT NO. 266 TPSO CW7�OQ 00.C.TAOS?So 11441,13.1 OF I./ II. TnG (2 1.s-Oiij)-4I l C.CcxtO o71 ...a CITY OF WYU;. GOWN COUNTY, TEXAS 1.\Ro\C2129Zot\cRA\129JOEOI.OwG WYLIE CITY COUNCIL AGENDA ITEM NO. 3 . December 11, 2001 Issue Hold a Public Hearing to consider and act upon a change in zoning from Multi-Family Residential (MF) to Planned Development (PD) District, for the existing Lakeside Village Apartments, a 2.29 acre tract of land at 301 West Kirby Street. being Lot 13, Block 6, of the Holiday Terrace Addition, and being situated in the E.0 Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case No. 2001-15) Background The applicant is requesting rezoning to the Planned Development District with the expressed intent of establishing the right to reconstruct the current apartment complex to its existing character and density should it be destroyed_ The Lakeside Village Apartments were constructed in several phases during 1980 and 1981, and were in apparent compliance with the zoning and building regulations in force at that time. Since the initial construction, the development requirements for multi-family residential within the Zoning Ordinance have been significantly revised. See the Site Plan for a summation of the multi-family requirements of the Zoning Ordinances adopted in 1962. 1985 and 2000. These changing regulations have made the physical construction of the Lakeside complex legally nonconforming to current requirements. The legally nonconforming status means that the apartments may continue to operate and maintain the current design and construction of the complex. but are limited in the ability to be structurally altered or reconstructed as is without compliance to the current regulations. Improvements to West Kirby Street (I y1 544) during 2000 and 2001 necessitated the acquisition of a portion of the front yard of the I tivwide Village complex for additional street right-of-way. This public acquisition reduced the front yard at the complex to 18 feet, rather than the 30 feet required by the current code Both the City and owner wished to correct the nonconformity caused by the reduction of the front yard. Section 3 _3(e) of the Zoning Ordinance allows the Zoning Board of Adjustment to permit a variance to the requirements of the development codes. On March 26, 2001, action of the City of Wylie toning Board of Adjustment made the reduced front yard of 18 feet legally conforming. The action to make the front yard conforming made the Lakeside Village owner aware that the existing complex failed to comply with other aspects of the current codes, and wishes to remove the nonconforming status and assure that the development can be reconstructed as is if destroyed by some natural disaster. However the povycr of the Board of Adjustment is limited to the correction of specific site-imposed hardships. The stated purpose of a Planned Development District is to provide for unique site-specific development regulations and to permit flexibility and innovation in the use and design The requested PI) the only method available to provide assurance that the existing non-complying development call he replicated Public Comment Forms were mailed to thirty-seven (37) property owners within 200 feet of this request. No Comment Form had been returned at the time of posting. Financial Considerations Zoning Application Fee - Paid Other Considerations 1. The purpose of the lei allv notcoari rmin�,' status is to permit such uses and structures to continue until natural or market co:iditions support their replacement by conforming uses or structures, thereby protecting the private investment. However, the intent is not to encourage the survival or replication ()fuses or structures which no longer conform to the changes in public development philosophy 2. The proposed Conditions of the i'I) will establish in perpetuity the existing construction characteristics of the complex. and these differ from the current MF requirements as follows: lkvelo jtrent''. Eli sti Gand tion and Proposed Pf) • • llei ttr re irrr._rrt • 4 dsselliny. units per acre 15 dwelling units per acre Front Yard l tl feet 30 feet Side Yard Feet 20 feet ivelling Unit I i31: 1 _l R - I Ott(, f 1 BR=750s.f, 2BR=900s.f • Sizes Recreation Space None 250s.f per dwelling Prrrk`ng 1 5 do 1 13 2.5/d.u. — 198 3. The Comprehensive Plan \ (enter Residential uses for this property, which includes apartments and other ragas-density designs. The proximity of the development to existing schools and retail opportunities support the continuation of the current use. The Zoning Map restricts the \lulti-Family District to the existing property alone and there is no opportunities for tuture expansion If e\ ed. the development will be limited to the existing 2.2 acre tract. and the configuration and location of the property favor its future use as attached residential or office/retail 4. Except for the trout yard which v a, reduced for the public widening of West Kirby Street, the code non-coni rinitie oh t he de. i ment are the result of a natural transition of regulations reflecting changing public In sonic issues the PD is more favorable than the existing requirements. requiring nu.11nnmin dwelling site of 800 square feet and limiting building height to two stories and 24 feet \yhich is a larger dwelling than the currently allowed 750 square feet and a Iokver building profile than the allowed 40 feet or three stories. On the other hand, the (`ity of\V'sIte has apartill a I elopment to I dwelling per acre since at least 1985, and existing complex pray ides no rei anal space to balance the higher density. Board/Commission Recoin mendation At the November .20, 2001 Planning tInU Zoning meeting. the Commission voted 6-0 to deny this zoning case. A three-fourths majority vote by the ( itv Council is required for approval of the requested change in zonings because the Planninu and toning Commission recommended the request be denied. Staff Recommendation Denial. Although the proposal is co:Isistent with the recommendations of the Comprehensive Plan and characteristics of the tract favor attached residential uses, the perpetual potential for a density of 34 dwelling units per acre is an inappropriate variance from Wylie's long-held philosophy of limiting multi-family' residential densit dwellings per acre. The facility may continue to operate as legally. nonconforming, The Departments of Development S o . ;,es_ Public Works and Fire concur with this recommend at ion. Attachments Notification List Ordinance with Conditions and ConLc onal Development/Site Plan Prepared by !:. . i if'd by Finance City 1._Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,LIE, AS HERETOFORE AMENDED, SO AS TO CHANGE 'III: ZONING ON THE HEREINAFTER DESCRIBED PROPERTY", ZONING CASE #2001-15 TO, PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY ( t. 1t'SE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning anei Zoning, Commission and the governing body of the City of Wylie, Texas, in compliance with the 1..,vs of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance given the requisite notices by publication and otherwise, and after holding due hearings and al ;ding a Cull and fair hearing to all property owners generally and to owners of the affected property the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance ,aid Map should be amended; NOW, Tl—INRFJ ORI• 131. iRDAINED l3Y THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS SECTION 1. That the Comprehensive Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended bv. amending the Zoi°,:r a Map of the City of Wylie, to give the hereinafter described property a new zoning classification Planned Development (PD) District Classification, said property being described in Exhibit attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the _onilict with the provisions of this ordinance be, and the same are hereby, repealed and all otta. .a clnv aces or the City not in conflict with the provisions of this ordinance shall remain in gull force effect. SECTION 3. That the above described pr; , ,v shall be used only in the manner and for the purposes provided for in the Comprehensiv e Z.; LLi n'.4 Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporal violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance as ,aiicnded hereby. commits an unlawful act and shall be subject to the general penalty prov isious of S... ion -)S of the Zoning Ordinance, as the same now exists or is hereafter amended_ SECTION 5. Should any paragraph_ sentcn .,il division_ clause, phrase or section of this ordinance be adjudged or held to be unconstitution ii_ ;iiegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or ision thereof:, other than the part so declared to be invalid, illegal or unconstitutional. and shall n: t itfect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall he in full and effect from and after its adoption by the City Council and publication of its caption the and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance_ a parts thereof, by the enactment of this Ordinance, shall not be construed as abaundonino any actin vv pending under or by virtue of such ordinance; nor shall it have the erect a disconunuini al ntodif=ving or altering any penalty accruing or to accrue, nor as effecting am rights ofthe mu .n:il;ty under am section or provisions of any ordinances at the time of passage of this ordinance DULY P,ASSl'.l) \\ \Pl k )`G"I-l) by the City Council of the City of Wylie, Texas, this day of .2t)O I f v .John Mondy, Mayor ATTEST. Barbara Salinas, City Secretar Exhibit "A" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Lakeside Village Apartments 301 West Kirby Street toning Case #2001-15 Statement of Purpose: The purpose of this Planned Development District is to permit the existing as-built conditions of the Lakeside Village Apartments as legally conforming to the City of Wylie Codes. II. Statement of Effect: This Planned Development shall not affect any regulation found in the Code of Ordinances as adopted and amended, except as specifically provided herein. III. General Regulations: The conditions contained herein shall constitute all the zoning requirements applicanle to this Planned Development. IV. Development Plans: Development shall be in conformance with the Existing Facility Layout attached herewith: however_ in the event of conflict between the Layout and the written conditions o!fthis ordinance_ the written conditions shall apply. V. Specific Regulations: I Use Multi-Family Residential 2. Density 34 Units/Acre 3. Height Regulations: a. Number of Stories 2 each b_ Mlayinutm 24 feet c Fire Protect Required d IngressiLgress 2 each q. Area Regulations a Size of'Yardk. Front Setback: 10 feet ii. Side Setback: 10 feet in Real setback_ 10 feet is . Butter Area: None v_ "Terraces;Unenclosed Porch Setback: 5.5 feet �i. Accessory Buildings: • IL,-,ant Setback: 60 feet • S._lc Rear Setback 2 feet • Distance to \lain Building 6 feet b. Size of Lot Lot Area: 97,078 S.F. ii. Lot Width 366.39 feet Lot Ihpth 241.22 feet c. Minimum I)welling Size: 800 S.F. d. Lot Coverage: 30,494 S.F. (30%) e Building, Separation: 14 feet Parking 2.5 Spaces/Unit (113 spaces) 6 Refuse Facility a. Distance front t 'nits 400 feet b. Volume. 6.3 Cy/30 Units c. Screening,: 8 Ft. Tall Wall 7. Border Fencing 6 Ft. Privacy Fence Along South Line 8 Landscape a. Open Space Open in Front 3,300 S.F. (3%) 150 S.F. b. LarLte Trees 4 each c. Small Trees 12 each d. Shmbs 395 each e. Ground Coy cc 653 S.F. 9 BuildinL_� Material: 100% Masonry NOTIFICATION REPORT APPLICANT: Domtex Equities, Inc. APPLICATION FILE #2001-15 3831 Turtle Creek Drive, #10G Dallas, Tx 75219 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Holiday Terrace P.O. Box 674 1 BIk 5 Lot 7 R-1165-005-0070-1 Robert Shirley Wylie,Texas 75098 Holiday Terrace 303 Valentine Lane 2 Blk 5 Lot 8 R-1165-005-0080-1 Larry Price Wylie,Texas 75098 Holiday Terrace 301 Valentine Lane 3 Blk 5 Lot 9 R-1165-005-0090-1 James Bryan Wylie,Texas 75098 Holiday Terrace 801 Easter Drive 4 Blk 6 Lot Lot 1 R-1165-006-0010-1 Melvin McEuen Wylie, Texas 75098 Holiday Terrace 803 Easter Drive 5 Blk 6 Lot 2 R-1165-006-0020-1 Mark Selgrath Wylie,Texas 75098 Holiday Terrace 805 Easter Drive 6 Blk 6 Lot 3 R-1165-006-0030-1 Jerry Tittle Wylie,Texas 75098 Holiday Terrace 807 Easter Drive 7 Blk 6 Lot 4 R-1 165-006-0040-1 Steven Conkle Wylie,Texas 75098 Holiday Terrace 809 Easter Drive 8 Blk 6 Lot 5 R-1165-006-0050-1 Timothy Owen Wylie, Texas 75098 Holiday Terrace 901 Easter Drive 9 Blk 6 Lot 6 R-1165-006-0060-1 Terresa Nielson Wylie, Texas 75098 Holiday Terrace 903 Easter Drive 10 Blk 6 Lot 7 R-1165-006-0070-1 David West Wylie,Texas 75098 Holiday Terrace 905 Easter Drive 11 Blk 6 Lot 8 R-1165-006-0080-1 Yolanda Benitez Wylie,Texas 75098 Holiday Terrace 907 Easter Drive 12 BIk 6 Lot 9 R-1165-006-0090-1 Kristy Bianchi Wylie,Texas 75098 Holiday Terrace 909 Easter Drive 13 BIk 6 Lot 10 R-1165-006-0100-1 Joseph York Wylie,Texas 75098 Holiday Terrace 302 Valentine Lane 14 Blk 6 Lot 11 R-1165-006-0110-1 Jon Pollard Wylie, Texas 75098 Holiday Terrace 302 Valentine Lane 15 BIk 6 Lot 12 R-1165-006-0120-1 Jon Pollard Wylie, Texas 75098 Holiday Terrace Applicant 3831 Turtle Creek Drive, #10G 16 BIk 6 Lot 13 R-1165-006-0130-1 Domtex Equities, Inc. Dallas, Texas 75219 Holiday Terrace P.O. Box 490 17 --- Lot 8 R-1160-006-0010-1 Wylie I.S. D. Wylie, Texas 75098 Southside Addn. 8277 Private Road 5397 18 --- Lot 24 R-1176-000-0240-1 Laurence Deberry Nevada,Texas 75173 Southside Addn. 208 W. Kirby#68 19 --- Lot 25 R-1176-000-0260-1 Jackie Henderson Wylie,Texas 75098 Southside Addn. P.O. Box 170 20 --- Lot 38 R-1176-000-0400-1 Grace Martin Copeville,Texas 75121 Southside Addn. P.O. Box 170 21 --- Lot 39 R-1176-000-0400-1 Grace Martin Copeville,Texas 75121 Southside Addn. P.O. Box 170 22 --- Lot 40 R-1176-000-0400-1 Grace Martin Copeville,Texas 75121 Southside Addn. 1204 Old Knoll 23 --- Lot 41A R-1176-000-0410-1 Michael Kurtz Wylie,Texas 75098 Southside Addn. 803 S. Birmingham 24 --- Lot 41 B R-1176-000-0420-1 Gilbert Welch Wylie,Texas 75098 Southside Addn. 1204 Old Knoll 25 --- Lot 42A R-1176-000-0410-1 Michael Kurtz Wylie,Texas 75098 Southside Addn. 803 S. Birmingham 26 --- Lot 42B R-1176-000-0420-1 Gilbert Welch Wylie,Texas 75098 Southside Addn. P.O. Box 56 27 --- Lot 43 R-1176-000-0430-1 Harry Tibbals Wylie,Texas 75098 The Meadows 211 E.Stone Road 28 Blk 1 Lot 1 R-1852-001-0010-1 James Anderson Wylie,Texas 75098 The Meadows 209 E.Stone Road 29 BIk 1 Lot 2 R-1852-001-0020-1 Kenneth Millican Wylie,Texas 75098 The Meadows 207 E.Stone Road 30 Blk 1 Lot 3 R-1852-001-0030-1 Dorothy Dominick Wylie,Texas 75098 The Meadows 205 E.Stone Road 31 Blk 1 Lot 4 R-1852-001-0040-1 Kenneth Eason Wylie,Texas 75098 The Meadows 512 E. Stone Circle 32 BIk 1 Lot 11 R-1852-001-0110-1 Roy Faircloth Wylie,Texas 75098 The Meadows 514 E.Stone Circle 33 Blk 1 Lot 12 R-1852-001-0120-1 Kathy Heitting Wylie,Texas 75098 The Meadows 516 E.Stone Circle 34 Blk 1 Lot 13 R-1852-001-0130-1 Brenda Foster Wylie, Texas 75098 The Meadows 518 E.Stone Circle 35 Blk 1 Lot 14 R-1852-001-0140-1 Henry Dorris Wylie,Texas 75098 P.O. Box 490 36 Abst 820 Tract 23 R-6820-000-0230-1 Wylie I.S. D. Wylie, Texas 75098 309 N. Cottonbelt Ave. 37 Abst 267 Tract 31 R-6267-000-0310-1 Jacqueline Mumaw Wylie, Texas 75098 WYLIE CITY COUNCIL AGENDA ITEM NO. 4 . December 11, 2001 Issue Hold a Public Hearing to consider and act upon certain proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie, in compliance with Section 211.006 of the Texas Local Government Code. Background During the November 13 City Council meeting, the Council took action to approve revisions to the Comprehensive Zoning Ordinance and Official Zoning Map. Three property owners had submitted written opposition to the proposed zoning, requiring the Council to remove those properties from the overall vote and vote on each property separately. Two of the properties, the Peerless Manufacturing property on N. Ballard and an individual piece of property on Martinez Drive were approved with SF 8.5 (Single Family) and BC (Business Center) zoning respectively. The Council tabled action on the third property, owned by Birmingham Land Ltd, for further review, particularly with regard to the existing Multi-Family zoning. The existing zoning on the property includes single family, retail, multi-family, single-family attached and business zoning. The proposed zoning generally reflects the intent of the Comprehensive Plan. providing predominately residential zoning on the property with NS (Neighborhood Services) at the major thoroughfare intersections. The property was reviewed as a part of the overall process of updating the Official Zoning Map, applying the guidelines for decision-making as identified in previous meetings. Other Considerations Also on the agenda arc preliminary plats for the majority of the property in question. The plats were submitted prior to the action taken on November 13, securing the vested rights for the properties. Financial Consideration N/A Board/Commission Recommendations On October 16, 2001,the Planning & Zoning Commission voted 7 — 0 to recommend approval of the revisions to the Official Zoning Map as proposed. Staff Recommendations Staff recommends approval of the zoning as proposed on the proposed Official Zoning Map. Attachments Map Ordinance. Prepare �� Revi \- ed -)y Finance City ger Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2001-_ TO SINGLE FAMILY 8.5/17, SINGLE FAMILY 10/19 AND NEIGHBORHOOD SERVICES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family 8.5/17, Single Family 10/19 and Neighborhood Services, said property being shown as attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. • DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2001. By John Mondy,Mayor ATTEST: Barbara Salinas, City Secretary ► II I HI I Man ,i_ 1 /1 il1ili111 Ili11� �"1-ililn0 Ill Iriu NINHOU tallumii l �111■1 - 1h ❑ HINKIIIIIIIIII LIIIIII _ W1 1111111 li IliiiillOMEN 11/11111 111im111111 IMIIIMENW �;■� I I \ il" I / 5 1 1 .. J MS ." 16/I1 If tally IN, Or - I I I1 I I I L H I : SF8.5/ri rAwt•.* - ___ iti 1 I Srwill 10111 C X' Ji_ — .n 6re,si,7 85 -i . <<7 i emu 111111111u1I* Il hall 11�1 �� Ci:C. 1�� 11��/ i w� m'IP am-� �i11111�1111 4.V"��1 4 I Ih11uti1uiiun 1j g1 a z um WYLIE CITY COUNCIL AGENDA ITEM NO. rj. December 11, 2001 Issue Hold the second of two Public Hearings for the annexation of a 68.11 acre tract of land out of the Guadalupe I)e Los Santos Survey, Abstract No. 1384, Dallas County, Texas; and generally located one Pleasant Valley Road. Background A request for voluntary annexation has been submitted by the owner of the above referenced property, the Southwest Medical Foundation. The property is located directly north of the new wastewater treatment plant and is proposed for single family residential zoning. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings November 21, 2001 First Public Hearing December 10, 2001 Second Public Hearing December 11, 2001 Adoption of Ordinance January 8, 20021 Financial Consideration The current property tax rate for the City of Wylie is .72 per $100 of valuation. Other Considerations Article I. Section 3 or tine Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is bein,L conducted in compliance with Sections 43.063 of the Local Government Code_ Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan reparcd v, evie d by Finance City Maria!- - !.proval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEX.ATION ORDINANCE NO.: DATE OE ANNEXATION ORDINANCE: ACREAGE ANNEXED: 68.11 acres SUR\, I ' . ABSTRACT COUNTY Guadalupe De Los Santos Survey, Abstract No. 1384, Dallas County Municipal Services to the acreage described above shall be furnished by or on behalf of the Cite of Wylie. Texas (the "City").. at the following levels and in accordance with the follow inn schedule: A. POLICE SERVICE Patrolling. responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effectiv-e date of the annexation ordinance. As development and construction commence in this area, sufficient police personnel and equipment will he provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of de\elopment within the area, whichever occurs later. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES I Fire protection by the present personnel and the present equipment of the Fire Department. v ithin the limitations of available water and distances from exiting tire stations. and in a manner consistent with any of the methods of the City. extends fire ser, ice to any other area of the municipality, will be pro\ ided tr this area within sixty (60) days of the effective date of the annexation ordinance As development and conic ruction commence in this area, sufficient fire and emeruencv ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development \\ithin the area. whichever occurs later. tpon ultimate development of the area, the same level of fire and emergency ambulance se; ices will he provided to this area as are furnished throughout the City C. ENVIRONMEN I AL HEALTH AND CODE ENFORCEMENT SERVICES I'.nforcentent of the C ity's environmental health ordinances and culation�_ includini� hilt not limited to, weed and brush ordinances, !waked ad abandoned vehicle ordinances and animal control ordinances, ;hall he ;tr.viced within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing, personnel. Complaints of ordinance or regulation violations within this area will be answered :ntd my estigated within sixty (60) days of the effective date of the annexation ordinance. inspection services. including the review of building plans, the issuance of p��rinits, nd the inspection of all buildings, plumbing, mechanical and electricui .�orl: to en,i;re compliance with City codes and ordinances will he provided within sixty (60) days of the effective date of the annexation ordinance L:xistin personnel will be used to provide these services. r he CH zoning. ubdiv ision_ sign and other ordinances shall be enforced n this area heginning within sixty (60) days of the effective date olthe annexation ordinance. \II inspection services burnished by the City, but not mentioned above, •g ill be Nov ided to this area beginning within sixty (60) days of the et'fectiye date obthe anneyed ordinance 6 \s dev eiopntent and construction commence in this area, sufficient personae; will be prov,ided to furnish this area the same level of .nv ironn,ental I iealth and Code Enforcement Services as are furnished i krone d .Lu the ( itv D. PLAN\ IN(, .A\l) /ONI\C SERVICES The plannin, and /oning jut sdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration For zoninee in accordance the City's Comprehensive Zoning Ordinance and ( omprchensiv C E. PARK .AND RECREATION SERVICES I Residents or property inn/ utilize all existing park and recreational sere ices. faeilities and sites throu„,hout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2 Additional facilities and sites to serve this property and its residents will be acquu ed. de,eloped and maintained at locations and times provided by app':iraHIr nl._ins for prov-idin parks and recreation services to the City. I xistinc pal ts. plavilirounds. swimming, pools and other recreational facilities ithin this property shall. upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID \\ ASIT. ( OLLE( l'iO\ Solid vya . ect ion shall be provided to the property in accordance with istin_ Lit y policies. beilinninu within sixty (60) days of the effective ;ate o; !He annexation ordinance Residents of this property utilizing priv ate collection ser\ ices at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to sere the property municipally. Commercial refuse collection services !,gill be plc ided to any business located in the annexed area at the same it ,is resently pro ided for any business customer within the City, i tit. .,_,.; \s eiopment and construction commence in this property and lopulationn ;tensity increases to the property level, solid waste collection .Hall he a ided to this property in accordance with the current policies )1 the (!n „s to ticduenc, chantJtes and so forth. solid vvaae collection shall be�,in within sixty (60) days of the effective .fate oCtln.i annexation ordinance G. SI REI_ I I "the ( itv s eCtstinu policies with reL,,ard to street maintenance, applicable thi iniohout the entire Cite shall apply to this property beginning within sixty toil , days oil site effective date of the annexation ordinance. Unless a street vy ithin this pi operty has been constructed or is improved to the City's standards and specifications_ that street vyill not be maintained by the City. �s developnient improyenient or construction of streets to City standards con..1Lcnces ation this property. the policies of the City with regard to p�lrlicipatio1i , the costs thereof acceptance upon completion and nlai,ltcnau cci plciion ;ha II apply. The same le'e1 of maintenance shall be provided to streets within this propel iv vyhi, 11 have been accepted by the City as is provided to City streets tllk,w_2.1-loui 4 Street Ii�rthtia�_ installed on streets improved to City standards shall be non'itained in accordance yv ith current City policies. H. \VA l'I.R 'ER` R l:s 1. Connection to cxistinu City water mains for water service for domestic, connhercial and industrial use within this property will be provided in a a rdancL ,' ,'.Ii eVistine ( lt\ policies- Upon connection to existing mains, ; t r •.vill ided at :ales _:stablished by City ordinances for such service ,i:1( 2 As deyelop;Tic:lt and construction commence in this property, water mains of the City yv HI he extended in accordance with provisions of the Subdivision IZc� .11-Itirll. . , other applicable ordinances and regulations. City l�articpati, n �h� co .o of these extensions shall be in accordance with the applicable ( 11, ordinances and res4ulations. Such extensions will be commenced °.vithin two (2) ycars from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years at!c' that date 'v\ atcr main: i , ;ia!led 01 Hula 0v ed to City standards which are within the annexed area and are within dedicated easements shall be maintained by the ('il\ ncuinninu, vyithin sixty (60) days of the effective date of the annexation t)rdlllance Ia ate vy I e, ii;� �s vy pi llei'ty shall be maintained by their owners in accordancL vv itil cxistint2 policies applicable throughout the City. SA\I 1 ‘121' SI' 1\ 1..12 SERVICES i o In�Ctit :,� , :, , -,tatitary sewer mains for sanitary sewage service 1;. tliis are; ,v I pc prov idcd .r accordance with existing City policies. Upon ,annection ann,ary sevygle service will be provided at rates established by ( itv ordinruices For such scrr ice thromhout the City. Sanitar, acre main, aild (a fill stations installed or improved to City standards Heated in dedicated easements, and which are within the annexed are,i and are connected to City mains will be maintained by the v 0I \\ v lie beuinninil v-v ithin sixty (60) days of the effective date of the dinance As deg ciopment and construction commence in this area, sanitary sewer mains of the City will he extended in accordance with provisions of the v Reeulntions and other applicable City ordinances and Such cy,en,ions vwill be commenced within two (2) years i,ri ,c iI:mtc of the annexation ordinance and substantially �c��npl and one-half(d 1i2) years after that date. J. !YIISCEI_,s.:'+NI:f)tS rr or buildi;Pn ;ocatcd n.ithin the annexed area and utilized by he ( ir. ser,ices to the area will be maintained by the City ��nunen�. iim upon the date of use or within sixty (60) days of the effective Jai winexation ordinance. whichever occurs later. .ici pa nwiiiiiist rat iVe services of the City shall be available to aril yv sixty (60) days of the effective date of !he ann.cm=ati.bn ordinance \( tv\ anvthino set forth above, this Service Plan does not ec u �unicipal services he provided as set forth above if different , use and population density are sufficient basis for providing different levels of service. , e Plan is valid for ten ( 10) years from the effective date of this ?r iiu;i a .. - i r • .• • J! O , ',. f Sr " Off . - 4, y ,' 4 , y , .. s ,.. 4,-)4- -r.:. % ,' row � ,,` . d .� ' cam.., .e 1 O� E 7 to 4 F` ems.I r l -,..;,_.*:"z '1,..r---7''' 01 SITE �. b ,., Si 1. ,„"qt',:',Y. ''''' ,'''!'' At %. fr-,:-' -::-.7-'''''''''...-,..- f, ::.,,,,,,,-44ii,,T--ikt',...t., ' ‘..s.e.-,:"...,,,,,,,-:.:-.. -,.. .,,...,..-- N . , ' ler- ::,:i,r\-,,,,:.,;, -, , - i.- 4 ' " } r h t r. - i _7 r '-,am .. 4' -. .6: e t *- x �' Y ` I '- r - ' c �: ' w • $ fi dre x, �'""r 3. , a. t :r • SCALE 1" = 1,000' EXHIBIT B WYLIE CITY COUNCIL AGENDA ITEM NO. (0- December 11, 2001 Issue Consider and at upon the award of a contract for the Alley and Sanitary Sewer Improvements along Ballard Avenue to Rycon Incorporated in the amount of S231,127.00. Background Improvements to the alley between Ballard and Jackson and the alley between Ballard and First were included in the 1999 Bond. The improvements include approximately 1,880 square yards of 8-inch thick concrete pavement and approximately 1,344 linear feet of 8-inch sewer replacement. Six bids were opened on November 2, 2001 and Rycon Incorporated submitted the low bid. The contractor also bid a project completion within 90 calendar days. Financial Considerations The 1999 Bonds included$145,000 for the paving improvements. The FY 2001 budget included $80,000 for the sewer line replacements, and the 1997 impact fee calculation also included$17,600 for the sewer line replacement in the alley between Ballard and Jackson. $15,000 will also be applied to the project from both the general alley repair and reconstruction and the I&I rehab which were included in the 1999 Bond. To date, approximately$40,000 has been spent on the project for engineering fees. Other Considerations The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the Texas Local Government Code. Staff Recommendations Staff recommends that Council award a contract to Rycon Incorporated to provide all equipment, labor and materials for the construction of the Alley and Sanitary Sewer Improvements along Ballard Avenue. Attachments Recommendation Letter from Birkhof Hendricks&Conway, L.L.P. Bid Summary r rtitlY ent Prepared y Revie by Finance City M er Approval BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAUL A.CARLINE,P.E. MATT HICKEY,P.E. November 9, 2001 ROSS L.JACOBS,P.E. I.C.FINKLEA,P.E. Mr. Chris Hoisted,P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Alley Paving Improvements and Sanitary Sewer Improvements Recommendation for Award of Contract Dear Mr. Hoisted: We checked the bids received at 2:00 p.m. on November 2, 2001, for construction of Alley Paving Improvements and Sanitary Sewer Improvements and are returning the original bid documents and bid bonds with this letter. We are also enclosing five copies of the itemized tabulation of bids received for the project. Rycon Incorporated of Farmers Branch, Texas, submitted the lowest bid in the amount of$231,127.00 and bid ninety(90)calendar days to complete the project. McMahon Construction, Inc. of Irving, Texas, submitted the next lowest bid in the amount of$240,836.38 and bid to complete the project by the deadline date of March 4,2002. We reviewed Rycon's experience through references,equipment list and financial report. They are a fairly new company but the owners have significant experience in projects similar in nature to this project. The information we reviewed together with the references we checked leads us to believe that they are capable of completing this project. Accordingly,we recommend that the City of Wylie accept the bid of Rycon Incorporated and award a contract in the amount of$231,127.00 for construction of the Alley Paving Improvements and Sanitary Sewer Improvements project. Sincerely yours, ` Joe R. Carter,P.E. Enclosures j\clerical\wylie\2000-186 alley&ss\letters\corres\k\recaward.doc City of Wylie Alley and Sewer Improvements RyCon,Inc. Reference Check 1. Dan Grant—Engineer—Kimley-Horn&Associates, Inc. (972) 770-1300 Current owners of RyCon were superintendents for BCI Construction. BCI had a drainage project in the Colony and ran into some financial problems. Dennis Gulley and another of the owners of RyCon broke off from BCI when the financial problems started. Dennis Gulley was responsive and easy to work with as the project superintendent. 2. Abel Saldana—City Engineer—The Colony(972) 625-1756 Over$2,000,000 of street rehabilitation for a bond program, there were a couple of change orders for items probably omitted due to rush to get plans out early. Field adjustments and items left out primarily not their fault. His opinion is that they can complete this project but he suggests full time inspection. 3. Gerald Cosgrove—Engineer—City of Plano (972) 941-7152 He said that he has worked with Dennis and Pete Day on a similar project in Plano. The project they have also includes replacement of a storm sewer along with a sanitary sewer and due to the tight working area progress has been relatively slow. He felt that they would be quite capable of completing this project. 4. Susan Weaver—Senior Engineer—City of Lewisville(972)219-3458 They are a good contractor. The project they are working on is a street resurfacing and storm sewer replacement and they have had some problems but are working them through. She feels that they are quite capable of doing the project for Wylie. 5. Steve Helmberger—Owner—Helmberger&Associates(972)442-7459 Have done a 33" sewer and paving rehabilitation project for the City of Plano as BCI Construction. Dennis Gulley worked for BCI and formed his own company with the name of RyCon. They have a pretty good quality of work and not hard to work with. j:\clerical\wylie\2000-I86 alley&ss\miscellaneous\references.doc RYCON, INC. November 5, 2001 Mr. Joe R. Carter P.E. Birkhoff,Hendricks, &Conway L.L.P. 7502 Greenville Suite 220 Dallas,TX 75231 214-361-7900 214-361-0204 fax Subject: Alley Paving—Drainage and Sanitary Sewer Improvements Gentlemen, Pursuant to your recent request,the following is a list of equipment to be used on subject project. In addition I have enclosed a copy of our current financial statement and a list of references for your use. Equipment List: Komatsu 228 Zero Tail Swing Backhoe WA-250 Rubber Tire Loader Ramex Compactor Trench Shores and Boxes Paving Screed Bomag MPH 100—Mixer Stabilizer Steel Paving Forms Fiat Allis Rograder Case Pad-Foot Roller Tandem Dump Truck If you require any additional information or have questions. Please do not hesitate to call me. Sincerely yours, Dennis R. Gulley Pr RY N,Inc. CC: File 263 13221 Bee St. •Farmers Branch,Tx 75234 •Office: 972-484-0968 •Fax: 972-484-8974 RYCON, INC. Rycon References Tony Shaw—Partner—Huffines and Partners—214-526-3000 Bill Sheveland—JNC Land Development—972-231-9791 Greg Edwards—Owner-Edwards Engineering—940-482-2906 Dan Grant—Engineer-Kimley Horn&Associates—972-770-1300 Abel Saldana -City Engineer-The Colony—972-625-1756 Ken Leverich—Public Works-The Colony—972-625-1756 Jerry Roberts—Senior Inspector-City of Lewisville—972-219-3495 Matt Holzapfel—City Engineer-City of Mesquite—972-216-6353 Kelly Gomez—Vice President-Winkleman&Associates—972-490-7090 Paul Laforge—Vice President-Mid Continent Casualty— 1-800-722-4994 Gerald Cosgrove—Engineer-City of Plano—972-941-7152 Steve Helmberger—Owner-Helmberger&Associates—972-442-7459 George Gibson—Vice President-The Tower Group—972-960-7946 Rick Riley—Owner-Ridurst Corp.—972-467-6348 13221 Bee St. •Farmers Branch,Tx 75234 •Office: 972-484-0968 •Fax: 972-484-8974 WYLIE CITY COUNCIL AGENDA ITEM NO. 9 . December 11, 2001 Issue Consider and act upon approval of an ordinance adopting the 1997 Uniform Fire Code. Background Wylie Fire Department is currently preparing for an Insurance Services Office Re-evaluation. The current fire code will cause a deficit in possible points. In an effort to continue to provide for the life safety and fire safety of its citizens, the Wylie Fire Department is maintaining a fire prevention program that consists of providing fire safety inspections for business owners within the city limits. The current program is a proactive approach to addressing fire safety throughout the City of Wylie. Fire code is generally considered a maintenance code for building code. Fire code provides avenues for correcting immediate dangerous life safety issues and the enforcement of such issues. In an effort to continue to be proactive, the department must continually update and align itself with current building code. In the past, the Wylie Fire Department has maintained the equivalent code in relation to the building code department. The latest building code is Uniform Building Code 1997. The City of Wylie is currently enforcing Uniform Fire Code 1994. Additionally, Uniform Fire Code 1997 overall format has not changed and will not require any changes in relation to amendments sections adopted by the City of Wylie under Uniform Fire Code 1994. Other Considerations N/A Financial Considerations The adoption of Uniform Fire Code 1997 will not require additional cost as the Wylie Fire Department has purchased copies of the Uniform Fire Code 1997 in hard copy form and digital form for research purposes. Board/Commission Recommendations N/A Staff Recommendation Staff recommends that Council approve the proposed adoption of the Uniform Fire Code 1997. Attachments N/A Chief Shan. A. English Prepared by Revie d by Finance City Manag-f pproval • WYLIE CITY COUNCIL AGENDA ITEM NO. % . December 11, 2001 Issue Consider and act upon an Ordinance of the City of Wylie, Texas, adopting a comprehensive Right- of-Way Management Ordinance governing any and all construction occurring within the public Rights-of-Way in the City of Wylie; providing for a penalty not to exceed $2,000 per day for each offense; and providing a Repealer Clause, a Severability Clause, a Savings Clause, a Penalty Clause, and an Effective Date. Background The City Council previously adopted regulations governing construction activities occurring within the City's Rights-of-Way, and such Ordinance was codified as Chapter 102, Streets, Sidewalks and Other Public Places, in the City's Code of Ordinances. The current Ordinance contains no provisions for Right-of-Way management. City Staff circulated draft copies of a proposed Right- of-Way Management Ordinance among several utilities including TXU, FEC, Co-Serve, and Verizon. The utilities submitted comments and questions, and staff incorporated this input into the final version of the proposed Ordinance. The intent of the proposed Ordinance is to accommodate the utilities' need to use the Public Rights-of-Way to provide services to the public. Also, the Ordinance will allow the City to insure that the public safety is maintained; to minimize public inconvenience; to protect the City's infrastructure investment; to facilitate work within the Public Rights-of-Way; and to fairly and responsibly protect the public health, safety, and welfare. Utilities or contractors desiring to perform construction activities in the City's Right-of-Way will be required to obtain a permit, at no charge, after City Staff has reviewed plans for the construction activities. Financial Considerations N/A Other Considerations Section 283 of the Texas Local Government Code (the "Act"), sets forth certain regulations governing municipalities and Certificated Telecommunications Providers (CTP). It is the City's intent to comply with these regulations. The purpose of the Act is to establish a uniform method of compensation for the use of Public Right-of-Way by CTPs that is fair and reasonable, administratively simple, competitively neutral (relative to all CTP's), nondiscriminatory, and consistent relative to the municipalities and CTPs. Board/Commission Recommendation N/A Staff Recommendations Staff recommends adoption of the proposed Ordinance. Attachments Comprehensive Right-of-Way Management Ordinance Prepared y Revie by Finance City Man er •oval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A COMPREHENSIVE RIGHT-OF-WAY MANAGEMENT ORDINANCE GOVERNING ANY AND ALL CONSTRUCTION OCCURRING WITHIN THE PUBLIC RIGHTS-OF- WAY IN THE CITY OF WYLIE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 PER DAY FOR EACH OFFENSE; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas ("City") is charged with maintaining control of and access to the Public Right-of-Way in order to protect the health, safety and welfare of its citizens; and WHEREAS, Excavations in City Streets may significantly interfere with public use of the Streets and result in negative impact in air quality, loss of parking, and in a loss of business to merchants; and WHEREAS, Excavations in paved Streets may significantly degrade and shorten the life of the surface of the Streets and increase the frequency and cost to the public of requisite resurfacing, maintenance and repair, regardless of the quality of restoration; and WHEREAS, It is desirable to adopt regulations that will provide the City greater control over Excavations in City Streets; and WHEREAS, Substantial public funds have been invested to build, maintain and repair the City Streets and the City holds these Streets as an asset in trust for its citizens. It is desirable to adopt regulations to protect the structural integrity of City Streets and safeguard the value of the public investment for the benefit of City residents, by providing incentives to reduce the number of Excavations in City Streets. Such incentives will encourage coordination among Utilities and minimize the number of Excavations where feasible, so as to ensure Excavations are performed to the extent possible, in Streets scheduled for resurfacing within the same or succeeding fiscal year as the Excavation; and WHEREAS, When a repair fails in a paved Street that is not scheduled for resurfacing within the same or succeeding fiscal year, the Excavator should be required to make repairs necessary for proper use and appearance of the street. Excavations and faulty repairs cause the greatest damage in newly surfaced Streets; and WHEREAS, Entities making and benefiting from an Excavation in a City street also should comply with standards and requirements for compaction, backfill and pavement restoration and resurfacing that ensures the best possible restoration of the paved surface over and adjacent to the trench; and ORDINANCE NO. Page 2 WHEREAS, Regulation of Excavations in City Streets helps reduce disruption of and interference with public use of the Streets, helps prevent pavement damage, helps maintain the safe condition of the Streets, protects the public health, safety and welfare, is a valid and appropriate exercise of the City's police power, and is a municipal responsibility; and WHEREAS, the City Council finds there is increasing demand for use of the Right-of-Way; and WHEREAS, Section 283 of the Texas local Government Code (the "Act"), sets forth certain regulations governing municipalities and Certificated Telecommunications Providers ("CTP"). It is the City's intent to comply with these regulations; and WHEREAS, the purpose of the Act is to establish a uniform method of compensation for the use of Public Right-of-Way by CTPs that is fair and reasonable, administratively simple, competitively neutral (relative to all CTP's), nondiscriminatory, and consistent relative to the municipalities and CTPs; and WHEREAS, this Ordinance promotes compliance with the Texas Utilities Code; and WHEREAS, the City Council of the City of Wylie adopted regulations governing street reconstruction occurring within the City's Rights-of-Way, and such Ordinance was codified as Chapter 102, Streets, Sidewalks and Other Public Places, of the Code of Ordinances of the City of Wylie ("Current Ordinance"); and WHEREAS, in an effort to cooperate with and meet the needs of the entities that will be affected by this ordinance, City Staff allowed the various entities to participate in the drafting of the ordinance through holding a meeting to review and comment on the provisions of the ordinance and allowing written comments and suggestions to be submitted; and WHEREAS, the Current Ordinance contains no provisions for Right-of-Way management, and taking into consideration the comments and suggestions made by the entities, City Staff has created a new and comprehensive Right-of-Way management ordinance that will accommodate the entities' need to use the Public Rights-of-Way to provide services to the public while allowing the City: to insure that the public safety is maintained and that public inconvenience is minimized; to protect the City's infrastructure investment; to facilitate work within the Public Rights-of-Way; and to fairly and responsibly protect the public health, safety, and welfare; and WHEREAS, the City Council finds it is in the best interest of the City of Wylie and its citizens to adopt a comprehensive Right-of-Way management ordinance; and C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 3 WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: Section I. The proposed right-of-way management ordinance be entitled "Right-of-Way Management Ordinance" and to read in its entirety as follows: RIGHT-OF-WAY MANAGEMENT ORDINANCE Sec. 1-1. Title. This Article shall be known and cited as the Right-of-Way Management Ordinance for the City of Wylie, Texas. Sec. 1-2. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Sec. 1-3. Scope This Article shall be effective within the geographical limits of the City, including any areas subsequently annexed by the City. Sec. 1-4. Purpose; objectives; applicability. A. Purpose. The City Council hereby declares that its purpose in enacting this Ordinance is to protect the health, safety and welfare of the public in connection with the use of City streets. This Ordinance provides principles, procedures and mechanisms for the placement of Structures and Facilities, construction, excavation, encroachments, and work activities within or upon any Public Right-of-Way and to protect the integrity of the road and City utility system. This Ordinance does not grant any specific authority for occupation of the Rights-of-Way. To achieve these purposes, it is necessary to require permits of private users of the Public Rights-of-Way and to establish permit procedures, rules, and regulations for work done within or upon the Public Rights-of-Way. B. Objectives. Public and private uses of Public Rights-of-Way for location of Facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the City of Wylie must insure that the primary purpose of the Rights-of-Way, safe passage of pedestrian and vehicular traffic, is C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 4 maintained to the greatest extent possible. In addition, the value of other public and private installations, roadways, the City utility system, Facilities and properties should be protected, competing uses must be reconciled, and the public safety preserved. The use of the Public Rights-of-Way by Persons, Agencies, and Public Infrastructure Contractors is secondary to these public objectives and the movement of traffic. This Ordinance is intended to strike a balance between the public need for efficient, safe transportation routes and the use of Public Rights-of-Way for location of Facilities by public and private entities. The Ordinance thus has several objectives: 1. To insure that the public safety is maintained and that public inconvenience is minimized by reducing disruption of and interference with the public use of streets. 2. To protect the City's infrastructure investment by establishing repair standards for the pavement, Facilities, and property in the Public Rights- of-Way when work is accomplished. 3. To facilitate work within the Public Rights-of-Way through the standardization of regulations. 4. To maintain an efficient permit process. 5. To conserve and fairly apportion the limited physical capacity of the Public Rights-of-Way held in public trust by the City. 6. To establish a public policy for enabling the City to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition, and technological development. 7. To promote cooperation among the Agencies and Public Infrastructure Contractors and the City in the occupation of the Public Rights-of-Way, and work therein, in order to (i) eliminate duplication that is wasteful, unnecessary or unsightly, (ii) lower the Agencies', Public Infrastructure Contractors' and the City's costs of providing services to the public, and (iii) preserve the physical integrity of the streets and highways by minimizing street cuts. 8. To assure that the City can continue to fairly and responsibly protect the public health, safety, and welfare. C. Applicability. 1. The requirements of this Ordinance apply to all Persons, Agencies, Public Infrastructure Contractors and private users of the Public Rights-of-Way except: C:\OFFICE\COUNCIL\12-ii-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 5 (a) Persons, Agencies, or Public Infrastructure Contractors conducting projects for Single-Family and Two-Family Residence zoned properties. All permits for these properties will be issued through the City's Building Inspection Department. (b) New residential service connections that are permitted through the Building Inspection Department of the City of Wylie as provided in Section 1-10(A)(4) below. 2. Any permit issued prior to the effective date of this Ordinance, will remain subject to the terms and conditions of City ordinances and requirements in effect at the time of issuance of the permit and is not affected by this Ordinance, except that, upon expiration or conclusion of the permit, a new or renewal permit must be obtained in accordance with this Ordinance. Sec. 1-5. Definitions. A. AGENCY means any Person (including franchised or licensed person), or certificated telecommunications provider. "Agency" includes all contractors and sub-contractors hired or retained to do construction for an Agency. B. BACKFILL means the restoration of excavated material. C. CERTIFICATED TELECOMMUNICATIONS PROVIDER (CTP) means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Public Utility Commission of Texas to offer local exchange telephone service. D. CITY means the City of Wylie, Texas. As used throughout, the term City also includes the designated agent of the City. E. CITY ENGINEER means the City Engineer of the City or his designee(s). F. CITY MANAGER means the City Manager of the City or his designee(s). G. CLOSURE means a complete or partial closing of one or more lanes of traffic of a Major Thoroughfare and the complete closure of any other type street. H. COMPACTION means 95% of maximum density with a moisture content of —2% to +4% of optimum under paved surfaces and 90% of maximum density with a moisture content of —2% to +4% of optimum outside of paved surfaces. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 6 CONSTRUCTION means excavation, installation of Facilities, boring or jacking of utilities, restoration of pavement cuts, or other work by an Agency or Public Infrastructure Contractor in a Public Right-of-Way. J. DUCT or CONDUIT means a single enclosed raceway for cables, fiber optics, or other wires. "Duct" or "Conduit" shall not include the maintenance duct associated with a conduit that is reserved for use in replacing damaged cable or for rerouting purposes. K. EMERGENCY means any event that may threaten public health or safety, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged Facilities, downed aerial Facilities, service outages whether to one customer or an area of the City, or other events where citizen(s) are out of service or in imminent danger of being out of service. L. EROSION CONTROL means compliance with the design and construction standards adopted by the City of Wylie, as amended. M. EXCAVATE or EXCAVATION means any activity that removes, penetrates or otherwise disturbs any part of a Public Right-of-Way. N. FACILITIES means the plant, equipment, and property, including, but not limited to, lines, poles, mains, pipes, conduits, ducts, cables and wires located under, on or above the surface of the ground within the Public Right-of-Way and valves, and related facilities and equipment used or useful for the provision of utility services. O. LOCAL EXCHANGE TELEPHONE SERVICE means telecommunications service provided within an exchange to establish connections between customer premises within the exchange, including connections between a customer premises and a long distance provider serving the exchange. The term includes tone dialing service, service connection charges, and directory assistance services offered in connection with basic local telecommunications service and interconnection with other service providers. The terms does not include the following services, whether offered on an intraexchange or interexchange basis: (1) Central office based PBX-type services for system of 75 stations or more; (2) Billing and collection services; (3) High-speed private line services of 1.544 megabits or greater; (4) Customized services; C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 7 (5) Private line or virtual private line services; (6) Resold or shared local exchange telephone services if permitted by tariff; (7) Dark fiber services; (8) Non-voice data transmission service offered as a separate service and not as a component of basic local telecommunications service; (9) Dedicated or virtually dedicated access services; or (10) Any other service the Public Utility Commission determines is not a "local exchange telephone service." P. MAJOR THOROUGHFARE means any Thoroughfare as shown on the City of Wylie Thoroughfare Plan, as amended. Q. PAVEMENT CUT means a cut made into the paved surface of a public street, alley, curb, sidewalk, or public easement. R. PERSON means a natural person (an individual), corporation, company, cooperative, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity who owns or controls Facilities. S. PUBLIC INFRASTRUCTURE CONTRACTOR means a person hired or retained to do construction of Facilities that will be maintained by the City. "Public Infrastructure Contractor" includes all sub-contractors. T. PUBLIC RIGHT(S)-OF-WAY means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by or under the control of the City to which the City holds the property rights in regard to the use for utilities. The term does not include the airwaves above a public right-of-way with regard to wireless telecommunications. The term is synonymous with "street," "public way," and "right(s)-of-way." U. THOROUGHFARE means any public traffic artery, major street, secondary street or alley. Sec. 1-6. City engineer's authority; enforcement; violations. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 8 A. City Engineer's Authority. The City Engineer or his/her designee is authorized to administer and enforce the provisions of this Ordinance and to promulgate regulations, including but not limited to, engineering, technical, and other special criteria and standards to aid in the administration and enforcement of this Ordinance that are not in conflict with this Ordinance, the Code of Ordinances of the City, or state or federal law. B. Enforcement. The City Engineer or his/her designee is authorized to enter upon a construction site for which a permit is granted or required under this Ordinance or, where necessary, upon private property adjacent to the construction site for purposes of inspection to determine compliance with the permit or this Ordinance. C. Violations. A Person, Agency, or Public Infrastructure Contractor commits an offense if he: 1. Performs, authorizes, directs, or supervises construction without a valid permit issued under this Ordinance; 2. Violates any provision of this Ordinance; 3. Fails to comply with restrictions or requirements of a permit issued pursuant to this Ordinance; or 4. Fails to comply with an order or regulation of the City Engineer issued pursuant to this Ordinance. D. This Ordinance may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the City has for violation of this Ordinance. E. Prior to initiation of civil enforcement litigation, a Person, Agency, or Public Infrastructure Contractor who has violated a provision of this Ordinance must be given the opportunity to correct the violation within the timeframe specified by the City Engineer. This Section does not prohibit the City Engineer or the City from taking enforcement action as to past or present violations of this Ordinance, notwithstanding their correction. Sec. 1-7. Penalties. Any Person, Agency, human, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 9 Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. Sec. 1-8. Registration. A. In order to protect the public health, safety and welfare, all Agencies and Public Infrastructure Contractors placing Facilities or engaging in construction, excavation, encroachments, and work activities within or upon any Public Right- of-Way must register with the City of Wylie. Registration must be renewed annually on or before January 31. The Registration Form to be used may be obtained from the Engineering Department. If a registration is not renewed, construction permits will not be issued to the Agency or Public Infrastructure Contractor by the City, and the penalty provisions and/or the abandonment and removal provisions contained herein shall apply. When any information provided for the registration changes, the Agency or Public Infrastructure Contractor shall notify the City of Wylie of the change no more than thirty (30) days after the date the change is made. Registration shall include: 1. The name, address, and telephone number(s) of the Agency that is the owner of the Facilities to be located in the Public Rights-of-Way, including the business name, assumed name, or trade name under which the Agency operates or under which it has operated within the past five (5) years. In the case of a Public Infrastructure Contractor, the name, address, and telephone number(s) of the Public Infrastructure Contractor and the name, address, and telephone number(s) of the developer for whom the Public Infrastructure Contractor is working. 2. The name(s), address(es) and telephone number(s) of the person(s) who will be contact person(s) for the Agency or Public Infrastructure Contractor. 3. The name(s), address(es) and telephone number(s) of any contractor(s) or subcontractor(s) who will be working in the Public Rights-of-Way on behalf of the Agency or Public Infrastructure Contractor. 4. The name and telephone number(s) of an emergency contact for the Agency or Public Infrastructure Contractor who shall be available twenty- four (24) hours a day. 5. (Reserved) 6. The name(s), address(es) and telephone number(s) of the person(s) who will be receiving plans of City construction projects on behalf of the Agency or Public Infrastructure Contractor. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 10 7. The name, address, and telephone number(s) of the person who will be responsible for receiving notifications or citations from the City on behalf of the Agency or Public Infrastructure Contractor. 8. Proof of insurance as required by Section 1-12 below. 9. For Agencies that are Certificated Telecommunications Providers, a copy of the Notice of Approval issued by the Public Utility Commission of Texas that grants the Certificated Telecommunications Provider a service provider certificate of operating authority (SPCOA) or certificate of convenience and necessity (CCN). 10. The ordinance number of any franchise or license issued by the City of Wylie that authorizes the Agency to use the Public Rights-of-Way. 11. A City street map, to be updated annually, marked in such a manner as to evidence which streets, thoroughfares and/or Public Rights-of-Way the Agency or Public Infrastructure Contractor has placed facilities. B. Registration shall be a prerequisite to issuance of a construction permit. Each Agency and Public Infrastructure Contractor shall update and keep current its registration with the City at all times. Sec. 1-9. Permit required. A. Any Agency or Public Infrastructure Contractor seeking to place Facilities on, in or over a Public Right-of-Way or to engage in construction, excavation, encroachments, and work activities within or upon any Public Right-of-Way shall first file an application for a construction permit with the City and shall abide by the terms and provisions of this Ordinance pertaining to the use of the Public Rights-of-Way. B. Exception. City maintenance activities are excepted from the permitting requirements outlined herein. C. This Ordinance does not constitute or create authority to place, reconstruct, or alter Facilities in, on or over the Public Rights-of-Way nor to engage in construction, excavation, encroachments, or work activity within or upon any Public Right-of-Way, and said authority must be obtained by obtaining a permit. D. Permits will be issued in the name of the Agency that will own the Facilities. Permits for public infrastructure will be issued in the name of the Public Infrastructure Contractor. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 11 E. Any Agency or Public Infrastructure Contractor with a current, unexpired consent, franchise, agreement or other authorization from the City (Grant) to use the Public Rights-of-Way that is in effect at the time this Ordinance takes effect shall continue to operate under and comply with that Grant until the Grant expires under its own terms or until it is terminated by mutual agreement of the City and the Agency or Public Infrastructure Contractor or as otherwise provided for by law. F. Construction, Excavation, or Work Area. No Agency or Public Infrastructure Contractor shall perform construction, excavation, or work in an area larger or at a location different, or for a longer period of time than that specified in the permit or permit application. If, after construction, excavation, or work is commenced under an approved permit, it becomes necessary to perform construction, excavation, or work in a larger or different area than originally requested under the application or for a longer period of time, the Agency or Public Infrastructure Contractor shall notify the City Engineer immediately and stop work and secure site until such time as a supplementary application for the additional construction, excavation, or work is approved. G. Permit Transferability or Assignability. The Agency or Public Infrastructure Contractor may subcontract the work to be performed under a permit provided that the Agency or Public Infrastructure Contractor shall be and remain responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable upon written notice to the City Engineer that the transferee or assignee has registered and posted all required security pursuant to this Ordinance. Any transferee or assignee shall be bound by all requirements of the permit and this Ordinance. H. In the City, the physical construction of public infrastructure, excluding Agency infrastructure, in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until accepted by the City. Any Agency or Public Infrastructure Contractor performing work on infrastructure which is within a Public Right-of-Way, but prior to acceptance by the City, shall obtain a permit from the City and permission from the owner of the infrastructure in the Public Right-of-Way. The Agency shall be financially responsible to the owner of the infrastructure to carry out all remedial work necessary to receive acceptance by the City of that infrastructure. This financial obligation shall apply only to the work in the Public Right-of-Way done by the Agency or Public Infrastructure Contractor. The City will not accept for dedication Public Rights-of-Way, or other property where work performed is not in accordance with applicable City specifications. Any Agency or Public Infrastructure Contractor found to be conducting any excavation activity within the Public Right-of-Way without having first obtained the required permit(s) will be subject to the penalty provisions contained herein C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 12 and shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a permit before work may be restarted. J. The City may institute all appropriate legal action to prohibit any Agency or Public Infrastructure Contractor from knowingly using the Public Rights-of-Way unless the Agency or Public Infrastructure Contractor has complied with the terms of this Ordinance. Sec. 1-10. Permit application; permit contents. A. General. 1. No Person, Agency, or Public Infrastructure Contractor shall install any Facilities or other encroachment or make a pavement cut or excavate in a Public Right-of-Way without first obtaining a permit from the City Engineer, except in an emergency. 2. Franchised Agencies and Agencies that are certificated telecommunications providers have prior authorization to do work in Public Rights-of-Way. However, an Agency's use of the Public Rights-of-Way is subject to and must occur in accordance with State of Texas laws and City ordinances, policies, standards and procedures. Said use is non- exclusive and does not establish priority for use over other franchise holders, permit holders, or the City. A permit issued by the City of Wylie is required for all work done in the Public Rights-of-Way. 3. Each application for a permit shall be submitted using the required form which may be obtained from the Engineering Department. The Agency or Public Infrastructure Contractor requesting a permit shall provide the City Engineer with documentation in the format specified by the Engineering Department. The application form shall request at a minimum, the following information: a. The proposed location and route of all Facilities to be constructed or installed and applicant's plan for Right-of-Way construction. b. Engineering plans, which will: (i) be on a reasonable scale; or (ii) provide sufficient information, acceptable to the Public Works Department. c. Details of the location of all Right-of-Way that applicant and/or owner plans to use. d. Description of all known existing City utilities in relation to applicant's proposed route. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 13 e. Description of what applicant proposes to install. f. Detail of plans to remove and replace asphalt and/or concrete in streets, driveways, alleys, and sidewalks. g. Drawing of any bores, trenches, handholds, manholes, switch great transformation, pedestals, etc. (including approximate depth) located in Public Right-of-Way. h. Typical details of manholes and/or handholds applicant plans to use or access. Complete legend of drawings submitted by applicant, which may be provided by reference to previously submitted documents. j. One (1) set of plans must be submitted with permit application. k. The construction and installation methods to be employed for the protection of existing structures, fixtures, and Facilities within or adjacent to the Right-of-Way, and the estimated dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the City Engineer. Proof of insurance or net worth as required herein. m. If traffic is to be obstructed, a traffic control plan. n. The name(s), address(es) and telephone number(s) of any contractor(s) or subcontractor(s) who will be working in the Pubic Rights-of-Way on behalf of the Agency or Public Infrastructure Contractor. 4. New residential service connections do not require a permit under this Ordinance. However, a permit may be required from the Building Inspections Department. An Agency or Public Infrastructure Contractor must inquire with the Building Inspections Department as to whether a permit is required for such service connections. a. Exception. Maintenance or replacement of existing service connections that requires excavation by mechanical means will require a permit under this Ordinance. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 14 5. The City Engineer shall state on the permit the activity for which the permit is issued and any restrictions or requirements that have been placed upon the permit. 6. All construction and installation in the Public Rights-of-Way shall be in accordance with the permit issued for the Facilities. The City Engineer shall be provided access to the work and to such further information as he may reasonably require to ensure compliance with the permit. 7. A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the City Engineer at all times when construction or installation work is occurring. 8. The Agency or Public Infrastructure Contractor shall update any new information on permit applications within ten (10) days after any change occurs. 9. Joint Applications. Agencies or Public Infrastructure Contractors may apply jointly for permits to work in Public Rights-of-Way at the same time and place. B. Types of Permits: 1. Standard Permits a. A Standard Permit is required whenever a cut or excavation, including borings and directional drilling, is made in a Public Right- of-Way. b. Application for a standard permit shall be made no less than two (2) City of Wylie working days prior to the date of the proposed activity. If the proposed cut or excavation is to be made in the Public Rights- of-Way dedicated to the State of Texas, a City permit is required in addition to any and all permits required by the State. A City permit is required although specific authority has been granted by the Engineering Department to cut a paved street, curb or alley as a part of a new construction project. 2. Maintenance Permits a. A Maintenance Permit is allowed whenever setting poles or work is being done in or on a Thoroughfare and no cut or excavation is required. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 15 b. Application for a Maintenance Permit must be submitted no later than the business day prior to the date of the proposed maintenance work. Applications may be submitted in person or via fax or e-mail to the Engineering Department. 3. Permits Issued under Emergency Conditions. Any Agency or Public Infrastructure Contractor maintaining Facilities in the Public Rights-of-Way may proceed with repairs upon existing Facilities without a Standard or Maintenance Permit when emergency circumstances demand that the work be done immediately. If emergency work requires more than 12 hours to complete, the Agency or Public Infrastructure Contractor doing the work shall notify: a. the City's police department by telephone immediately; and b. the Engineering Department no later than the next business day by telephone, fax, or e-mail when an emergency permit is required. A permit application must be submitted no later than the next business day after the work is commenced. C. Denial, Suspension, or Revocation of a Permit 1. Denial of a Permit. A permit may be denied for any one of the following reasons: a. The proposed activity will substantially interfere with vehicular or pedestrian traffic and no procedures, or procedures which are inconsistent with this Ordinance, have been implemented to minimize the interference. b. The proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing Facilities already in the Public Right-of-Way. c. The proposed barricading, channelizing, signing, warning or other traffic control procedures or equipment do not comply with the requirements of the Texas Manual on Uniform Traffic Control Devices. d. The activity or the manner in which it is to be performed will violate a City ordinance or regulation or a state or federal statute or regulation. e. The Agency or Public Infrastructure Contractor: C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 16 (1) Does not have liability insurance as required by Section 1- 12; (2) Has consistently failed to perform in accordance with the requirements of this Ordinance; (3) Has failed to furnish all of the information required by this Ordinance or, except for good cause shown, to file the applications within the time prescribed by this Ordinance; (4) Has misrepresented or falsified any information in the applications; (5) Has failed to comply with the Performance Warranty/Guarantee as provided in this Ordinance; (6) Has outstanding debts to the City; or (7) Is not in compliance with applicable requirements of an existing permit issued under this Ordinance. f. The Agency or Public Infrastructure Contractor requests to cut a City-maintained street that can be crossed by jacking, boring or tunneling. g. There is a lack of available space. h. The activity would cause a public health or safety hazard. 2. Suspension or Revocation of a Permit. The City Engineer may suspend by stop work order or revoke any or all permits granted to allow work in the Public Rights-of-Way on the same grounds on which a permit may be denied under this Subsection C or for the following reasons and subject to the procedural guidelines noted in this Ordinance and any agreement that applies to the Agency or Public Infrastructure Contractor using the Public Rights-of-Way, as well as any limitations imposed by federal, state or local law: a. Failing to comply with an order of the City Engineer; b. The recognition that a permit was issued in error; c. Failing to comply with restrictions or requirements placed on the permit by the City Engineer; or d. Violating any provision of this Ordinance. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 17 3. Automatic Revocation of a Permit. If no work has begun on a permitted project within thirty (30) calendar days of issuance of the permit, the permit shall be null and void, and a new permit shall be required. 4. Extension of a Permit. A sixty (60) day extension to a permit may be granted if requested by the Agency or Public Infrastructure Contractor in writing to the Engineering Department. Such a request must be made before the permit expires. If no call for the cancellation of a permit or for an inspection is received within the sixty (60) day extension period, the permit shall be null and void, and a new permit shall be required. 5. The City Engineer shall provide written notice of a denial, suspension or revocation to the Agency or Public Infrastructure Contractor. Construction that is suspended may not resume until the City Engineer determines that the Agency or Public Infrastructure Contractor has corrected the violation, noncompliance, or hazard that caused the suspension. A permit that has been denied or revoked may be issued or reinstated by the City Engineer if the City Engineer determines that: a. The Agency or Public Infrastructure Contractor has corrected the violation, noncompliance, or hazard that caused the revocation or denial; and b. The health or safety of the public is not jeopardized by reinstating or issuing the permit. 6. An Agency or Public Infrastructure Contractor may appeal a permit denial, suspension, or revocation in accordance with the provisions of Section 1- 11 of this Ordinance. 7. Any variance from the requirements of this Ordinance must be approved in advance by the City Engineer. The City Engineer may grant a variance only if an extreme hardship exists and the public health, safety, welfare, and convenience is not adversely affected by granting the variance. The City Engineer may not approve any variance that would give a competitive advantage to one Agency over another Agency providing the same or similar service. The City Engineer may not grant a variance from the indemnity requirements of Section 1-14. Sec. 1-11. Appeals. A. Applicability. Appeals may be filed pursuant to this Section for decisions of the City Engineer related to the denial, suspension, or revocation of a permit. However, the appeal process provided by this Section shall not be available for criminal violations of this Ordinance. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 18 B. Appeal to City Manager. A permittee may appeal decisions made by the City Engineer by filing a written appeal with the City Manager within seven (7) working days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this Section shall specifically state the basis for the aggrieved party's challenge to the City's authority under this Ordinance. C. Issuance of Decision by City Manager. Decisions of the City Manager shall be issued within seven (7) working days of receipt of the written appeal. D. Appeal to City Council. A permittee may appeal a decision made by the City Manager to the City Council by filing a written appeal with the City Secretary within five (5) working days of the date of the City Manager's decision. An appeal filed pursuant to this Section shall specifically state the basis for the aggrieved party's challenge to the City's authority under this Ordinance. If reasonably possible, and to the extent allowed by law, an appeal to the City Council will be placed on the City Council's agenda for the next regularly scheduled meeting. Decisions of the City Council shall be final. Sec. 1-12. Insurance requirements. A. Agencies. Each Agency applying for a permit shall obtain, maintain, and provide proof of each of the following types of insurance and coverage limits. These insurance policies shall be underwritten by insurance companies with an A.M. Best Rating of A VI or better. 1. Commercial General Liability on an occurrence form with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) aggregate. This coverage shall include the following: a. Products/Completed Operations to be maintained for one year. b. Personal and advertising injury. c. Owners and contractors protective liability. d. Explosion, Collapse, or Underground (XCU) hazards. 2. Automobile liability coverage with a minimum policy limits of One Million Dollars ($1,000,000) combined single limit. This coverage shall include all owned, hired and non-owned automobiles. 3. Workers Compensation and Employers Liability Coverage. Statutory coverage limits for Coverage A and Five Hundred Thousand Dollars ($500,000) Coverage B Employers Liability is required. B. Public Infrastructure Contractors. Each Public Infrastructure Contractor applying for a permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in Subsection A above; however, the policy limits under the General Liability insurance shall be One Million Dollars C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 19 ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. All other coverages provisions outlined in Subsection A above shall apply. C. An Agency or Public Infrastructure Contractor that has registered and filed proof of insurance under Section 1-12 of this Ordinance is not required to furnish separate proof of insurance under this Section when obtaining a permit but must comply with all other requirements of this Section. D. The preferred method for proof of insurance is the Accord form Certificate of Insurance. E. The City reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the City Manager determines that changes in statutory law, court decisions, or the claims history of the industry, the Agency or Public Infrastructure Contractor require adjustment of the coverage. F. The City will accept certificates of self-insurance issued by the State of Texas or letters written by the agency in those instances where the State does not issue such letters, which provide the same coverage as required herein. However, certificates of self-insurance must be approved in advance by the City. G. The Agency or Public Infrastructure Contractor shall furnish, at no cost to the City, copies of certificates of insurance evidencing the coverage required by this Section to the City. If the City requests a deletion, revision or modification, the Agency shall exercise reasonable efforts to pay for and accomplish the change. H. The Agency or Public Infrastructure Contractor shall file and maintain proof of insurance with the Engineering Department. An insurance certificate obtained in compliance with this Section is subject to City approval. The City may require the certificate to be changed to reflect changing liability limits. An Agency or Public Infrastructure Contractor shall immediately advise the City Attorney of actual or potential litigation that may develop which may affect an existing carrier's obligation to defend and indemnify the City. I. Such insurance shall be kept in full force and effect during the period of time for which a permit shall be issued or the space occupied. Proof of insurance coverage must be available on a "per project" basis. J. An insurer has no right of recovery against the City. The required insurance policies shall protect the Agency or Public Infrastructure Contractor and include the City as an additional insured. The insurance shall be primary coverage for losses covered by the policies. K. The policy clause "Other Insurance" shall not apply to the City. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 20 L. The Agency or Public Infrastructure Contractor shall pay premiums and assessments. A company that issues an insurance policy has no recourse against the City for payment of a premium or assessment. Insurance policies obtained by an Agency or Public Infrastructure Contractor must provide that the issuing company waives all right of recovery by way of subrogation against the City in connection with damage covered by the policy. M. Each policy must include a provision that requires the insurance company to notify the City in writing at least thirty (30) days before canceling or failing to renew the policy or before reducing policy limits or coverages. N. The insurance requirements of this Section do not apply to an Agency operating Facilities or performing construction pursuant to a valid existing franchise or license approved by the City. Sec. 1-13. Performance warranty/guarantee. A. Any warranty made hereunder shall serve as security for the performance of work necessary to repair the Public Rights-of-Way if the Agency or Public Infrastructure Contractor fails to make the necessary repairs or to complete the work under the permit. B. The Agency or Public Infrastructure Contractor, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the City and warrants and guarantees all work done for a period of one (1) year and agrees to maintain upon demand and to make all necessary repairs during the one-year period. This warranty shall include all repairs and actions needed as a result of: 1. Defects in workmanship; 2. Settling of fills or excavations; 3. Any unauthorized deviations from the approved plans and specifications; 4. Failure to barricade; 5. Failure to clean up during and after performance of the work; 6. Restoration of improvements including, but not limited to, landscaping and irrigation; or 7. Any other violation of this Ordinance or the ordinances of the City. C. The one-year warranty period shall run from the date of the City's acceptance of the work which shall be the date of the letter of acceptance issued by the City to the Agency or Public Infrastructure Contractor. If repairs are required during the one-year warranty period, those repairs need only be warranted until the end of the initial one-year period starting with the date of acceptance. It is not necessary that a new one-year warranty be provided for subsequent repairs after probationary acceptance. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 21 D. At any time prior to completion of the one-year warranty period, the City may notify the Agency or Public Infrastructure Contractor of any needed repairs. Such repairs shall be completed within 24 hours if the defects are determined by the City to be an imminent danger to the public health, safety, and welfare. Non- emergency repairs shall be completed within fifteen (15) calendar days after notice. Sec. 1-14. Indemnification. A. To the extent authorized by law, each Agency or Public Infrastructure Contractor placing Facilities in the Public Rights-of-Way shall agree to promptly defend, indemnify, and hold the City harmless from and against all damages, costs, losses, or expenses (i) for the repair, replacement or restoration of City's property, equipment, materials, structures, and Facilities that are damaged, destroyed, or found to be defective as a result of the Agency's or Public Infrastructure Contractor's acts or omissions, (ii) from and against any and all claims, demands, suits, causes of action, and judgments for (a) damage to or loss of the property of any Agency or Public Infrastructure Contractor (including, but not limited to, any Person, its agents, officers, employees, and subcontractors, City's agents, officers, and employees, and third parties); and/or (b) death, bodily injury, illness, disease, loss of services, damage to property or loss of income or wages to any Person (including, but not limited to, the agents, officers, and employees of the Person, Person's subcontractors and City, and third parties), arising out of, incident to, concerning, or resulting from the negligent or willful act or omissions of the Agency or Public Infrastructure Contractor, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this Ordinance. B. An Agency that is a certificated telecommunications provider as defined in Chapter 283 of the Texas Local Government Code, as amended, agrees to give to the City the indemnity provided in Section 283.057, Texas Local Government Code, as amended. C. This indemnity provision shall not apply to any liability resulting from the negligence or willful misconduct of the City, its officers, employees, agents, contractors, or subcontractors. D. The provisions of this indemnity are solely for the benefit of the City and is not intended to create or grant any rights, contractual or otherwise, to any other Person or entity. Sec. 1-15. General rights-of-way use and construction. A. Minimal Interference. Work in the Public Rights-of-Way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Agency's or Public Infrastructure C:\OFFICE\COUNCIL\12-ii-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 22 Contractor's Facilities shall be constructed or maintained in such a manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other Facilities that may have been laid in the Rights-of-Way by, or under, the City's authority. The Agency's or Public Infrastructure Contractor's Facilities shall be located, erected, and maintained so as not to endanger or interfere with the lives of Persons, or to interfere with improvements the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation, or removal thereof, and shall not obstruct or impede traffic. B. Responsibilities Under Permit; Location of Facilities. 1. A permit does not relieve an Agency or Public Infrastructure Contractor of the responsibility to coordinate with other utilities and to protect existing facilities. An Agency or Public Infrastructure Contractor working in the Right-of-Way is responsible for obtaining line locates from all affected utilities or others with facilities in the Right-of-Way prior to any excavation. Use of the Geographic Information System or the plans of record does not satisfy this requirement. 2. In performing location of Facilities in the Public Rights-of-Way in preparation for construction under a permit, Agency or Public Infrastructure Contractor shall compile all information obtained regarding its or any other Facilities in the Public Rights-of-Way related to a particular permit and shall make that information available to the City in a written and verified format acceptable to the City Engineer. 3. Protection of Utilities. Before beginning excavation in any Public Right-of- Way, an Agency or Public Infrastructure Contractor shall contact the Texas One-Call System or any other company operating under the One- Call Statute and, to the extent required by Chapter 251 of the Texas Utilities Code, make inquiries of all ditch companies, utility companies, districts, local government departments, and all other agencies that might have Facilities in the area of work to determine possible conflicts. a. Field locations shall be marked prior to commencing work. The Agency or Public Infrastructure Contractor shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be affected by the work from damage during construction or settlement of trenches subsequent to construction. C. Underground Construction and Use of Poles. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 23 1. As required by the Subdivision Ordinance of the City and the Comprehensive Zoning Ordinance and when required by general ordinances, regulations or rules of the City or applicable State or Federal law, Agency's or Public Infrastructure Contractor's new Facilities within subdivisions shall be placed underground at Agency's or Public Infrastructure Contractor's expense. Agencies and Public Infrastructure Contractors may require developers or other third parties to bear this expense. Placing Facilities underground does not preclude the use of ground-mounted appurtenances. Related equipment, such as pedestals, must be placed in accordance with the City's applicable code requirements and rules, including all visibility easement requirements. In areas where existing Facilities are aerial, the Agency or Public Infrastructure Contractor may install aerial Facilities if doing so does not violate any other City ordinance. 2. The City will not require existing Facilities to be placed underground. 3. For above-ground Facilities, the Agency shall utilize existing poles wherever possible. Facilities shall be maintained in an appropriate manner. 4. Should the City desire to place its own Facilities in trenches or bores opened by the Agency or Public Infrastructure Contractor, the Agency or Public Infrastructure Contractor shall cooperate with the City in any construction by the Agency or Public Infrastructure Contractor that involves trenching or boring, provided that the City has first notified the Agency or Public Infrastructure Contractor in some manner that it is interested in sharing the trenches or bores in the area in which the Agency's or Public Infrastructure Contractor's construction is occurring. The Agency or Public Infrastructure Contractor shall allow the City to place its Facilities in the Agency's or Public Infrastructure Contractor's trenches and bores, provided the City incurs a pro-rata share of costs to any increase in cost of the trenching and boring. The City shall be responsible for maintaining its respective Facilities buried in the Agency's or Public Infrastructure Contractor's trenches and bores under this paragraph. D. Joint Trenching. The Public Rights-of-Way have a finite capacity for containing Facilities. The City Engineer may require an Agency or Public Infrastructure Contractor to share trench space to minimize the disruption of vehicular or pedestrian traffic. 1. All Facilities shall meet any applicable local, State, and federal clearance and other safety requirements, be adequately grounded and anchored, and meet the provisions of contracts executed between Agency or Public Infrastructure Contractor and the other joint user. Agency or Public C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 24 Infrastructure Contractor may, at its option, correct any attachment deficiencies and charge the joint user for its costs. E. Excavation Safety. On construction projects in which excavation will exceed a depth of five (5) feet, the Agency must have detailed plans and specifications for excavation safety systems. The term "excavation" includes trenches, structural or any construction that has earthen excavation subject to collapse. The excavation safety plan shall be designed in conformance with State law and Occupational Safety and Health Administration (OSHA) standards and regulations. F. Erosion Control. The Agency shall be responsible for storm water management erosion control that complies with city, state and federal guidelines. All installations shall be in accordance with the design and construction standards adopted by the City of Wylie, as amended, unless an alternative location has been approved by the City Engineer. G. On-Site Requirements. Agencies and Public Infrastructure Contractors subject to this Ordinance must have a minimum of one English-speaking representative at the site where work is being performed at all times. Additionally, each of Agency's or Public Infrastructure Contractor's vehicles shall bear a sign identifying the Agency or Public Infrastructure Contractor that owns the vehicles. Sec. 1-16. No directional boring zones. In the City, the public infrastructure must be maintained and protected by all Agencies and Public Infrastructure Contractors. The public health, safety and welfare is at risk when damages to water and sewer mains occur. To protect the water and sewer system, no Person, Agency, or Public Infrastructure Contractor will be allowed to directionally bore within five feet longitudinally with water mains that are larger than twelve inches (12") and sewer mains that are twelve inches (12") or larger unless approved by the City Engineer. The installation of Facilities in the Public Rights-of-Way or easements will be installed by open excavation to assure the protection of the City's water and sewer system, unless approved by the City Engineer. The City has available mapping that identifies such mains. The Agency or Public Infrastructure Contractor is responsible for obtaining and using this information in the design of new Facilities. Sec. 1-17. Joint planning and construction; coordination of excavations. (Reserved) Sec. 1-18. Minimizing the impacts of work in the rights-of-way. A. Noise, Dust, Debris, Hours of Work. Each Agency and Public Infrastructure Contractor shall conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the Agency or Public C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 25 Infrastructure Contractor shall take appropriate measures to reduce noise, dust, and unsightly debris. Except in an emergency or as provided in Section 1-20 Traffic Control, permitted work shall be done between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. Permitted work that needs to be performed outside the above work hours must be approved by the City Engineer in writing, twenty-four (24) hours in advance. B. Trash and Construction Materials. 1. Each Agency and Public Infrastructure Contractor shall maintain the work site so that: a. Trash and construction materials are contained so that they are not blown off of the construction site. b. Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard. c. Trash dumpsters and storage or construction trailers are not placed in the street without written approval of the City Engineer. 2. Agency or Public Infrastructure Contractor must comply with applicable local, state, and federal regulations concerning trash disposal when working in the Public Rights-of-Way. C. Deposit of Dirt and Material on Roadways. Each Agency and Public Infrastructure Contractor shall eliminate the tracking of mud or debris upon any street or sidewalk. Equipment and trucks used during construction, excavation, or work activity shall be cleaned of mud and debris prior to leaving any work site. D. Protection of Trees and Landscaping. Each Agency and Public Infrastructure Contractor shall protect trees, landscape, and landscape features as required by the City and shall be responsible for supplemental maintenance and watering during construction and until restoration is complete and in accordance with the performance warranty made by the Agency or Public Infrastructure Contractor under this Ordinance. All protective measures shall be provided at the expense of the Agency or Public Infrastructure Contractor. E. Protection of Paved Surfaces from Equipment Damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousers are not permitted on paved surface unless specific precautions are taken to protect the surface. Agency or Public Infrastructure Contractor shall be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the Agency's or Public Infrastructure C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 26 Contractor's performance warranty/guarantee by the City to repair any damage, and, possibly, the requirement of additional warrantee(s). F. Protection of Property. Each Agency and Public Infrastructure Contractor shall protect from injury any Public Rights-of-Way and adjoining property by providing adequate support and taking other necessary measures. Agency or Public Infrastructure Contractor shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the work and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the Public Rights-of-Way. G. Clean-Up. As the work progresses, all Public Rights-of-Way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up operations shall be done at the expense of the Agency or Public Infrastructure Contractor. Agency or Public Infrastructure Contractor shall restore any disturbed area to its original condition. H. Vehicle Parking. Each Agency and Public Infrastructure Contractor shall make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted. Walkways. Each Agency and Public Infrastructure Contractor shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk in conformance with City Code. Sec. 1-19. Facility locations. A. All Facilities in new developments shall be located in accordance with the design and construction standards adopted by the City of Wylie, as amended, unless an alternative location has been approved by the City Engineer. Such utility locations are hereby adopted as standard locations for utilities in new developments. The intent of these items is that they serve as a standard, not only to Agencies and Public Infrastructure Contractors working under City permit, but also to all City agencies whose routine business requires the installation, repair or relocation of utilities. B. New Facilities to be installed in previously developed streets should be located in accordance with the design and construction standards adopted by the City of Wylie, as amended. If that location is already being used by another Facility, the new Facility shall be located such that it does not interfere with other Facilities, both existing and future. With the exception of street lights, no new Facilities shall be located longitudinally in a median or under existing or proposed pavement. No overhead Facilities shall be placed in streets or Thoroughfares. The City Engineer shall have final decision over the location of all Facilities located in Public Rights-of-Way. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 27 C. Guy wires, anchors, pedestals, boxes, and other above ground Facilities shall not encroach within a sidewalk area, including a vertical clearance of seven and one- half (7.5) feet above the sidewalk. No above-ground Facilities shall be located closer than three (3) feet from the back of street curbs or edge of alley or within the sight visibility area unless approved by the City Engineer. D. Above-ground Facilities such as pedestals, switching boxes and similar Facilities shall be located no less than three (3) feet from the edge of an alley or the back of street curbs and such that they do not create a physical or visual barrier to vehicles leaving or entering roads, driveway or alleys. They shall also not be located in front of residential lots creating an unreasonable visual or aesthetic impairment for the property owner. Above-ground Facilities located in Public Rights-of-Way shall be no larger than six (6) feet wide by four (4) feet six (6) inches high by two (2) feet deep. In the event that an Agency or Public Infrastructure Contractor needs to install above-ground Facilities that are larger than such size for traffic signals, street lights, etc., approval of the City Engineer is required. All other such Facilities larger than the size previously stated in this paragraph shall be considered buildings and must be placed on private property and comply with all requirements of the City's Building Code, including receipt of a building permit prior to installation. E. Temporary utilities may be located in non-standard locations, if written approval of the City Engineer is obtained in advance. Paragraph A above shall govern, if applicable. For purposes of this section, a temporary utility is any Facility, as defined, that is installed for a period of not greater than sixty (60) calendar days and is subsequently removed by the responsible owner of the Facility. Sec. 1-20. Traffic control. A. When it is necessary to obstruct traffic four more than four hours, a traffic control plan shall be submitted to the City Engineer prior to starting construction, except in an emergency. No permit will be issued until the traffic control plan is approved by the City Engineer. No Agency or Public Infrastructure Contractor shall block access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless the Agency or Public Infrastructure Contractor provides the City with written verification of written notice delivered to the owner or occupant of the facility, equipment, or property at least 48 hours in advance. If a proposed construction project is to be made in the Public Right-of-Way dedicated to the State of Texas, a City permit shall be required in addition to any and all permits required by the State. B. When necessary for public safety, the Agency or Public Infrastructure Contractor shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the City Engineer. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 28 C. Unless approved by the City Engineer or in an emergency, the Agency or Public Infrastructure Contractor shall not impede rush hour traffic on Thoroughfares during the morning or evening rush hours. No construction shall be performed nor shall any traffic lane be closed to traffic during the hours of 6:00 a.m. to 9:00 a.m. or 4:00 p.m. to 7:00 p.m., Monday through Friday, without the written approval of the City Engineer. D. Lane closures on Thoroughfares shall be kept to a minimum duration at any time outside of the morning and evening rush hours unless approved by the City Engineer. E. Traffic control devices and barricades, as defined in the Texas Manual on Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices and barricades are to be supplied by the Agency or Public Infrastructure Contractor. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights. F. The Texas Manual on Uniform Traffic Control Devices, or any successor publication thereto, shall be used as a guide for all maintenance and construction signing. The Agency or Public Infrastructure Contractor shall illustrate on the permit the warning and control devices proposed for use. At the direction of the City Engineer, such warning and control devices shall be modified. G. The City Engineer may refuse to issue a permit if proposed construction activity will substantially interfere with vehicular traffic flow on Thoroughfares or is inconsistent with procedures of this Ordinance. Sec. 1-21. Requirements for street cuts and repairs. A. Except in the case of an emergency, which is governed by Section 1-10(6)(3) of this Ordinance, when a street or sidewalk cut is required, the permittee must obtain a Standard Permit from the City Engineer. All requirements of the City's Engineering Department shall be followed. Repairs of all street and sidewalk cuts must be made promptly and in such a manner as to avoid a hazard to vehicular and pedestrian traffic until permanently repaired. 1. When emergency repairs are deemed necessary by the City Engineer to correct a situation that is hazardous to the public, the Agency or Public Infrastructure Contractor that is responsible for the cut shall be notified immediately. If the Agency or Public Infrastructure Contractor does not provide an acceptable schedule for making the emergency repair within six (6) hours of being notified, the repairs will be performed by the City, and the Agency or Public Infrastructure Contractor will be billed for the actual cost of the repairs necessary to complete the project, which shall C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 29 include clean up and the cost of removing City employees and/or workers from other projects. 2. Agency or Public Infrastructure Contractor will be required to maintain the interim cut repair until they have completed final repairs. 3. Traffic bearing steel plates shall be utilized on all concrete paving cuts until required curing is accomplished. Asphalt shall be used to provide smooth ramps at the edges. Plates or asphalt may be used for temporary repairs. B. All damage caused directly or indirectly to the street surface or subsurface outside the pavement cut area shall be regarded as a part of the street cut. These areas, as established by the City Inspector, will be included in the total area repaired. C. The Agency or Public Infrastructure Contractor shall notify the Public Works Department immediately of any damage to other utilities, either City- or privately- owned. D. Construction Standards and Methods: 1. The design and construction standards adopted by the City of Wylie, as amended, shall govern the cutting and restoration of street and alley pavements in the City. These requirements shall apply equally to any Person, Public Infrastructure Contractor, Agency or City department who makes cuts and repairs to streets and alleys in the City of Wylie. 2. Permanent repairs of utility cuts in existing streets, alleys or easements will be completed by the Agency or Public Infrastructure Contractor within fourteen (14) calendar days of beginning the work. If an Agency or Public Infrastructure Contractor does not believe that it will be able to meet this schedule, the Agency or Public Infrastructure Contractor must contact the City Engineer concerning an alternative schedule for the repairs. Any alternative schedule must be approved by the City Engineer prior to the beginning of the work. The Agency or Public Infrastructure Contractor will be responsible for any maintenance of the repair for a period of one (1) year after the repair is complete. Failure to do so will result in the use of the Agency's or Public Infrastructure Contractor's performance warranty/guarantee by the City to repair any damage, and, possibly, the requirement of additional warrantee(s) and/or the denial of future permits. 3. Steel plates left in the right-of-way after repairs are completed will be removed by the City and become the City's property. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 30 4. Excavation in street or alley pavements should begin with an air-hammer shovel, a pavement breaker or other equipment that will not damage the pavement outside an approximate width of the ditch prior to beginning trenching operations. All street excavations will be saw cut before the street is repaired. Full depth saw cuts are required. 5. If the excavation is to pass under where the curb is installed without dummy/expansion joint, the Agency or Public Infrastructure Contractor may saw cut a smooth line one (1) foot beyond each side of the disturbed base. If no damage to curb is evident to the City Inspector, the Agency or Public Infrastructure Contractor may pump concrete under curb and gutter on cuts less than one (1) foot wide. The City Inspector will make this determination prior to concrete being placed under existing curb and gutter. Sec. 1-22. Standards for repair and restoration. A. Agency or Public Infrastructure Contractor Responsibility. The Agency or Public Infrastructure Contractor shall be fully responsible for the cost and actual performance of all work in the Public Rights-of-Way. The Agency or Public Infrastructure Contractor shall do all work in conformance with any and all engineering regulations, construction specifications, and design standards adopted by the City. These standards shall apply to all work in the Public Rights- of-Way unless otherwise indicated in the permit. B. All restoration shall result in a work site condition equal to or better than the condition in which the site existed prior to construction. Restoration must be approved by the City Engineer. In addition to the regulations, specifications, and standards referred to in Subsection A above, the following provisions shall apply to work in the Public Rights-of-Way of the City: 1. Restoration must be to the reasonable satisfaction of the City Engineer. The restoration shall include, but not be limited to: a. Replacing all ground cover with the type of ground cover damaged during work or better by sodding, as directed by the City; b. Installation of all manholes and handholes, as required; c. Backfilling of all bore pits, potholes, trenches or any other holes which must be done within seven (7) days after excavation of the bore pits, potholes, trenches or other holes, unless other safety requirements are approved by the City Engineer; d. Leveling of all trenches and backhoe lines; C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 31 e. Restoration of excavation site to City specifications; f. Restoration of all landscaping, trees, shrubs, ground cover, and sprinkler systems; and g. Repairing and replacing existing erosion control devices that have been damaged or destroyed as a part of the work. 2. All locate flags shall be removed during the clean up process by the Agency or Public Infrastructure Contractor at the completion of the work. 3. Restoration must be made in a timely manner as agreed upon by the City Engineer and the Agency or Public Infrastructure Contractor. If restoration is not satisfactory and/or is not performed within the agreed upon timeframe, all work in progress, except that related to the problem, including all work previously permitted but not complete, may be halted and a hold may be placed on any permits not approved until all restoration is complete, or the City may complete the work and bill the Agency or Public Infrastructure Contractor for the repairs performed by the City. Sec. 1-23. Construction and restoration standards for newly constructed or overlayed streets. A. No Agency or Public Infrastructure Contractor shall cause an open trench excavation or potholing of Facilities in the pavement of any Public Right-of-Way for a period of three (3) years from the completion of construction or resurfacing except in compliance with the provisions of this Section or as approved by the City Engineer. B. Criteria for Approval. No permit for excavation in the Right-of-Way of new streets shall be approved unless the City Engineer finds that all of the following criteria have been met: 1. Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts. 2. Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable. 3. The proposed excavation cannot reasonably be delayed until after the three-year deferment period has lapsed. C. Exemptions for Emergency Operations. Emergency maintenance operations shall be limited to circumstances involving the preservation of life, property, or the restoration of customer service. Agencies or Public Infrastructure Contractors with prior authorization from the City Engineer to perform emergency C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 32 maintenance operations within the Public Rights-of-Way shall be exempted from this Section. Any Agency or Public Infrastructure Contractor commencing operations under this Section shall submit detailed engineering plans, construction methods, and remediation plans no later than the next business day after initiating the emergency maintenance operation. D. Construction and Restoration Standards for Newly Constructed or Overlayed Streets and Alleys. The streets shall be restored and repaired in accordance with design and construction standards adopted by the City and guaranteed in accordance with Section 1-13. Sec. 1-24. Relocation of facilities for public improvements. A. In the exercise of governmental functions, the City has first priority over all other users of the Public Rights-of-Way. The City reserves the right to lay sewer, water, and other pipelines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in aerial Facilities in, across, along, over, or under a public street, alley, or Public Rights-of-Way occupied by an Agency or Public Infrastructure Contractor, and to change the curb, sidewalks, or the grade of streets. B. The Agency or Public Infrastructure Contractor must relocate its Facilities at its own expense prior to the start of construction of a City project for street widening, street straightening, other City project that is deemed to be essential for the public's health, safety or welfare. Failure to comply with this provision shall subject the Agency or Public Infrastructure Contractor to the enforcement provisions contained herein. C. Registration and a permit will be required when making Facility adjustments in preparation for City projects. Sec. 1-25. "As Built" Plans. A. Right-of-Way users will provide the City Engineer with "As Built" plans within ninety (90) days of completion of Facilities in the Right-of-Way. The plans shall be provided to the City in a format used in the ordinary course of user's business to the extent they are prepared in the ordinary course of business. C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 33 B. The City Engineer may, for good cause, waive all or portions of this requirement. The determination of good cause shall include, but not limited to, assessment of (i) the Right-of-Way user's ability to feasibly and economically remove customer specific, proprietary or confidential information from its plans, and (ii) the Right- of-Ways user's standard business practice relative to the preparation of construction and as-built plans. The City Engineer may reassess waivers from time to time to determine whether a Right-of-Way user's ability to provide as-built plans has changed. Sec. 1-26. Abandonment and removal of facilities. A. If a registration is not renewed, and subject to sixty (60) days notification to the Agency, the City, in its own discretion, may: (i) deem all or a portion of the Facilities to have been abandoned and shall become the property of the City; or (ii) require the Agency or Public Infrastructure Contractor, at the Agency or Public Infrastructure Contractor's sole cost and expense, to remove all or a portion of the Facilities, without interfering with any other Right-of-Way Facility. B. Any Agency that intends to discontinue use of any Facilities within the Public Rights-of-Way shall notify the City Engineer in writing of the intent to discontinue use. Such notice shall describe the Facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than thirty (30) days from the date such notice is submitted to the City Engineer. Upon receipt of notice of discontinuance of use the City may: (i) have a right of first refusal to acquire Agency's Facilities, if the Agency has a valid or serious offer to purchase from a third party, at such cost as the offer received from the third party; (ii) accept dedication of the Facilities; or (iii) require the Agency or Public Infrastructure Contractor, at the Agency or Public Infrastructure Contractor's sole cost and expense, to remove all or a portion of the Facilities, without interfering with any other Right-of-Way Facility. Section II. Savings/Repealing Clause. All provisions of the ordinances of the City of Wylie, codified or uncodified, in conflict with the provisions of this Ordinance are hereby repealed upon the effective date of this Ordinance, except that nothing contained herein shall be considered as repealing any portion of, or any amendment thereto, the "The Subdivision Ordinance" or any ordinance relating to paving standards of the City of Wylie. All other provisions of the ordinances of the City of Wylie, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Any repeal of another ordinance shall not abate any prosecution for violation of the repealed ordinance nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Section III. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc ORDINANCE NO. Page 34 this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section IV. Existing Franchise. If any provision of the Ordinance conflicts with an existing franchise agreement, the franchise agreement shall prevail until the expiration thereof. Section V. Effective Date. This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED this the day of , 2001. John Mondy, MAYOR ATTEST: Barbara Salinas, CITY SECRETARY APPROVED AS TO FORM: Richard Abernathy, CITY ATTORNEY C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-ROW ORDINANCE.doc WYLIE CITY COUNCIL AGENDA ITEM NO. q . December 11, 2001 Issue Consider and act upon approval of an ordinance establishing a school zone on FM 1378 at the intersection with McMillen Road and Park Blvd. Background The Texas Department of Transportation has approved the City's request for a school zone located on FM 1378 at the intersection with McMillen Road. The proposed ordinance will establish a 35 mile per hour school zone during the times as posted on the signs, and approval of the ordinance will initiate adoption of the zoning by Commission Minute and the installation of the necessary signs. Other Considerations N/A Financial Consideration TxDOT will furnish and install the necessary signs. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Ordinance. Attachments Ordinance Letter from TxDOT Prepared by Rev0 ed by Financ-/ City Mana Approval Texas Department of Transportation P.O. BOX 133067• DALLAS,TEXAS 75313-3067•(214) 320-6100 November 29, 2001 Control: 1392-1 Highway: FM 1378 County: Collin Mr. Anthony`Riff" Johnson City Manager City of Wylie 2000 Highway 78 North Subject: Speed Zoning Dear Mr. Johnson: Attached for your information and further handling is a computer printout of the school speed zone study on FM 1378 in the City of Wylie. We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a sample speed zone ordinance that might serve as a guide in the preparation of your school speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Wylie establishing the new speed limits. If we haven't heard from your office within 90 days concerning this speed zone study, we will assume concurrence and we will begin proceedings to have the zoning adopted by Commission Minute. We appreciate the interest you have shown and the cooperation you have given. If we may be of further assistance, please feel free to contact Mr. Phil Portillo at the above address or by telephone at 214/320-6620. Sincerely, Terry M. Sams, P.E. Director of Transportation Operations Attachments An Equal Opportunity Employer CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ESTABLISHING A SCHOOL ZONE AT A DESIGNATED SCHOOL; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS AT THIRTY FIVE (35) MILES PER HOUR DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGN AND MARKING; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), finds it necessary to alter prima facie maximum speed limits established by Chapter 545, Texas Transportation Code, as amended, within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas ("Wylie") and in the immediate vicinity of school areas, during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS, the City Council finds that it is necessary for the protection and safety for pedestrians crossing the streets within such areas to prohibit the overtaking and passing of motor vehicles by the motor vehicles within the school zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Definitions. School Zone shall mean that public street right-of-way around the schools as described by metes and bounds herein. Speed Limit shall mean the maximum speed of vehicular traffic within the boundary of the speed zone. Fire Lane shall mean that portion of a public street where only moving vehicles are allowed. School Days shall be each Monday through Friday throughout the calendar year when the school nearest the school zone is in session. SCHOOL ZONE ORDINANCE—Page 1 C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTTACHMENT-SCHOOL ZONE ORDINANCE.doc SECTION 3: Designation of School Zones. The designated locations and areas set forth on Exhibit "A", attached hereto and incorporated herein for all purposes, are declared to be school zones and the prima facie maximum speed limit for all motor vehicles operated within such areas and locations between the hours as posted shall be thirty five (35) miles per hour. SECTION 4: Installation of Sign and Marking. The City Manager, or his/her designee, is hereby authorized and directed to cause the placement of traffic control signals and/or signs at each approach to each school zone herein designated. The signs shall be placed at the most advantageous point to be conspicuous to approaching vehicular traffic. Although said traffic control signals and/or signs may be lighted or consist of flashing lights, the provisions of this Ordinance shall not be interpreted so as to require lighted or flashing lighted signals and/or signs. Further, the existence of lighted or flashing lighted signals and/or signs which may fail to properly operate, or which may improperly operate, shall not constitute a defense available to a person charged with violation with any of the provisions of this Ordinance so long as there is a traffic control signal and/or sign containing printed information warning operators of vehicle traffic of the existence of the school zones. SECTION 5: Regulation of Vehicular and Pedestrian Traffic. It shall be unlawful for any person to drive or operate a vehicle through a school zone as designated or established herein between the hours as posted on school days in such a manner as to overtake and pass another vehicle being driven in the same direction upon the same street within said school zone. SECTION 6: Unaltered Prima Facie Speed Limits. Nothing herein contained shall be construed as repealing or conflicting with, prima facie maximum speed limits applicable during hours other than "school hours" as the same have been established by Chapter 545, Texas Transportation Code, as amended, or by any Ordinance of Wylie. SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City of Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 9: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, SCHOOL ZONE ORDINANCE—Page 2 C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTTACHMENT-SCHOOL ZONE ORDINANCE.doc subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 10: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WLIE, TEXAS on this day of 2001. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS City Secretary DATE(S)OF PUBLICATION: SCHOOL ZONE ORDINANCE—Page 3 C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTTACHMENT-SCHOOL ZONE ORDINANCE.doc DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of , 2001. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: BARBARA SALINAS, City Secretary TAXATION OF LEASED VEHICLES—Page 2 C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACH EENT-TAXATION ORDINANCE.doc V .- Eq4s8rr 'R ' F . M. 1 378 - WYLIE\ 1 OF 5 V P) RT 1 OH-N AREA I I OPEN AREA se,ALL GI SORY RI- NC. 35 MPH WHEN IJR = SO SIGNED FOR 4A I a OOL ZONE BOTH HDIIRECTTIONS .1R• WI TYP R W_' — — 55 MPH ALL O WWW�YI. ROAR. 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Im.,..N,� ...... � BYDCCOAMISS[ONTIONUTENED "°"'s°°e°r'"a1 g 18 4n IlB/et 88.10,05 AM JEREMY MILLER (EXT 8611) WYLIE CITY COUNCIL AGENDA ITEM NO. ID . December 11, 2001 Issue Consider and act upon approval of an ordinance extending interim Impact Fees, establishing a collection date, establishing a date to call a public hearing to amend the Impact Fees, and providing for an expiration date. Background During the recent Legislative Session, Senate Bill 243 (SB243) was enacted which resulted in several amendments to impact fee regulations. Although some of the amendments regarding the procedures which must be followed to adopt impact fees are beneficial to municipalities, the amendment which affects the collection and calculation of impact fees will have a negative impact on the City of Wylie. As summarized by TML, the legislation, which was effective September 1, 2001 requires: ...that the city give credit for that portion of property tax and utility revenue generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvement plan. In the alternative, the city may give a credit equal to 50 percent of the total projected cost of implementing the capital improvement plan. The ordinance under consideration will extend Ordinance 2001-42 adopted on September 11, 2001 an additional 90 days to allow further analysis of the credit allowed in SB243. The ordinance further establishes that the City will call a public hearing for the purpose of setting a credit for impact fees in accordance with the calculation reflected in SB243 factoring in tax and utility revenue, and that this process will be completed within 90 days. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Ordinance. Attachments Ordinance Prepared by Revi ed by Finan City Mana Approval AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDINIG FOR EXTENDING THE PROVISIONS OF ORDINANCE NO. 2001-42 FOR AN ADDITIONAL NINETY DAY PERIOD FROM THE DATE OF PASSAGE OF THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Wylie City Council adopted Ordinance No. 2001-42 on or about the 11`" day of September, 2001 which provided for the imposition of impact fees in accordance with Senate Bill 243; and WHEREAS, the provisions of said Ordinance were to expire on or about the 1 1th day of December, 2001;and, WHEREAS, the City Council now desires to extend the provisions of the Ordinance for an additional ninety (90) day period to allow time for the holding of public hearings and complete compliance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the provisions of Ordinance No. 2001-42, adopted by the City Council on the 1 lth day of September, 2001, shall be extended for a period of ninety (90) days from the date of passage of this ordinance. SECTION 2. All provisions of the ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Wylie not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Wylie, Texas. SECTION 4. That this ordinance shall take effect as provided by law. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this day of , 2001. APPROVED: By: JOHN MONDY, MAYOR PAGE 1 44832 ATTESTED AND CORRECTLY APPROVED AS TO FORM: RECORDED: By: By: BARBARA SALINAS, City Secretary City Attorney PAGE 2 44832 WYLIE CITY COUNCIL AGENDA ITEM NO. r1 . December 11, 2001 Issue Consider and act upon an ordinance addressing the taxation of on leased motor vehicles. Background Under current law, leased motor vehicles are treated as taxable personal property. In 1999, voters approved a constitutional amendment that authorized the legislature to exempt leased automobiles from property taxes, provided that the automobiles are used for personal use and not for the production of income. No enacting legislation was passed in 1999, so automobile leases continued to remain taxable. SB 248, passed this session, implements the 1999 amendment. The bill provides that motor vehicles leased and used primarily for non-income-producing purposes are January 2, 2002, are exempt from property taxes. The bill also gives cities an opt-out from the exemption. The City may continue to tax such leased motor vehicles if it adopts an ordinance to that effect before January 1, 2002. If the ordinance is not adopted, the City would continue to tax only those vehicles not covered by SB 248 such as vehicles used for business purposes. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Ordinance 1.6 ic g ( q re are evie by finance City r Approval p • CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS PROVIDING FOR THE CONTINUATION OF AD VALOREM TAXATION OF LEASED MOTOR VEHICLES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EF}r.CTIVE DATE OF THIS ORDINANCE. WHEREAS, §11.252, Texas Tax Code, exempts, under certain circumstances, leased motor vehicles from ad valorem taxation, unless the governing body of a municipality, by ordinance adopted before January 1, 2002, provides for the continued taxation of leased motor vehicles; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie")to continue ad valorem taxation of leased vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Continuation of Ad Valorem Taxation of Leased Vehicles. Wylie hereby declares that it will continue ad valorem taxation of leased motor vehicles which, according to §11.252,Texas Tax Code, might otherwise be exempted after January 1, 2002. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. TAXATION OF LEASED VEHICLES—Page 1 C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-TAXATION ORDINANCE.doc DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this I I day of cl,e/A411 °A) , 2001. 7 MONDY Mayor ATTESTED AND CO CTLY RECORDED: ARA IN Secretary TAXATION OF LEASED VEHICLES—Page 2 C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS\ATTACHMENT-TAXATION ORDINANCE.doc