Loading...
06-10-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA JUNE 10, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 ;CALL #ORDE ift ?`OCATiO t ALL :'IANCOmmammenomommimmonnimmimimam ........................................ ........................................................................................................................... ::: :::::...:: :::.::....:,. ,.::: ..::.: .;....:.......... . ::. :. <>E O i<anti;will:;:;::;::<;.>;::;:.::::::.;:::;;:.MMIMMMillNMNMggdSingfiMM :irate#>c: useua:> a<iiiirbt tode .:: 4t.otdp ............. A. Approval of the Minutes from the Regular Meeting of May 27,2003 B. Consider and act upon the award of a contract for the construction of the Stoneybrook Alleys to Santos Construction in the amount of$287,482.30. C. Consider and act upon the award of a contract for the construction of the Newport Harbor Pump Station Additions to Cooper General Contractors in the amount of S112,600 1. Consider and adopt Ordinance#2003-11 establishing the Wylie Animal Shelter Advisory Board. Executive Summary Chapter 823.005 of the Health and Safety Code require that the governing body of a municipality in which an animal shelter is located, appoint an advisory committee.The advisory committee must be composed of at least one licensed veterinarian,one county or municipal official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization. The advisory committee must meet at least three times per year. Staff recommends passage of Ordinance #2003-11 and appointment of animal shelter advisory board members. 2. Hold a Public Hearing to consider and act upon a change in zoning from Agricultural (A) to Planned Development(PD)District for Village Center Mixed Residential and Nonresidential Uses,generally located east of County Road 389 (Forrest Ross Road) and south of Skyview Drive and north of Kansas City Southern Railroad,being all of that certain 94.16 acre tract as described in a deed to Arapaho East,Inc. recorded in Vol. 5108,Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 4242,Page 1505,Deed Records of Collin County,Texas,except for those certain called 16.48 and 5.5 acre tracts conveyed to Kansas City Southern Railroad in October 1998, and being in total a 121.11 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688,City of Wylie,Collin County, Texas. (Zoning Case 2003-03) Executive Summary • The applicant is requesting rezoning of the subject property in order to permit a master planned multi-use community,comprising single- family residential neighborhoods of varied densities and building types,retail uses and public open spaces.The proposal is intended to create a viable Village Center concept as defined by the Comprehensive Plan, and through coordinated planning and design, better address several development constraints of the property and take advantage of its Lake Lavon adjacency. The entire 121 acres are currently zoned Agriculture(A).Adjacent properties abutting the proposed development district to the south are zoned Industrial(I)or Agriculture(A)and are occupied by the railroad tracks and switching operations.County Road 389 serves the western boundary of the tract and Skyview Drive bounds it on the north.Properties to the north across Skyview are within unincorporated Collin County,and are ce lands. Abutting owned by the United States Army Corps of Engineers and are developed as Lake Lavon and adjacent open spa PD is cos top easty are enclosed b OOP se other properties, are notble to be developed or Lavon Ranchettes rural residential subdivision. real eady developed.rPublicr comment PD is were mailed to(12) yforms have been returned that were against the forms were mailed to(12)property owners within 200 feet of the proposed area and(9) development At the May 20,2003 Planning and Zoning Commission meeting,the Commission voted 3-2 to recommend approval of the proposed zoning change with stipulations that future Development Plans reflect more natural amenities and the interior properties rand the Boarflect er relationship to the lake.Parks and Recreation Board reviewed the PD Concept of utilizing Federal lands as open space d recommends against the City of Wylie leasing such lands and not connect the residences to these lands with trails. The board further recommends against the planned dedication of lands near the retail center(because of major water lines beneath)and recommends funds in lieu of land. Staff recommendation was to deny the proposal for smaller lots because of inconsistency with the recommendations of the"Comprehensive Plan. The departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. 3. Hold a Public Hearing to consider and act upon a change in zoning from Downtown Historic District(DTH)to Planned Development (PD)District for Mixed Uses including Indoor Commercial Amusements,located at 110 E. Oak Street,being Lot 7A,Block 18 of the Railroad Addition,City of Wylie, Collin County,Texas. (Zoning Case 2003-04) Executive Summary The applicant is requesting a Planned Development District(PD) in order to install and operate an Indoor Commercial Amusement (game room)within a building currently being used for retail sales,mail boxes and snack shop.The parcel is 0.055 acres(2,395 sq. ft.) and is totally covered by the building,with the only available parking on the public street Plans are to utilizeofpthe Rartion of the building as an entertainment center for video games and billiards.The subject property was originally part Addition,one of the oldest subdivisions in Wylie.There are currently broadly mixed configurations and uses in the vicinity,a number of which do not conform to current development codes.The subject building has apparently been in continuous use and not lost its vested rights as a Legally Nonconforming Structure therefore allowing the continued use without being renovated to current development codes. At the May 20,2003 Planning and Zoning Commission meeting,the Commission voted 3-2 to recommend denial of the proposed zoning change.The Commission discussed approval with a stipulation to limit the number of games restricted to adults-only play,but failed to reach an acceptable number also agreeable to the applicant and voted to recommend denial.Staff concurs to denial. Due to the denial by P&Z,approval by the City Council will require a three-fourths(3/4)affirmative vote. 4. Consider and act upon acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo,Brown&Hill Executive Summary The Comprehensive Annual Financial Report(CAFR)for the fiscal year which ended September 30,2002,including the Independent Auditors'Report has been completed and will be presented to the Council by the city's outside audit firm,Pattillo,Brown&Hill. The auditors will briefly discuss some of the year's highlights and will answer questions the City Council may have regarding the report A ?I O OIi OR 3INANCES TITLE CAPTION APPROVED �BY CO CIL.AS REQUIRE }RY <::::A .;.. :: :;:i : ,S ION.:I3- 1 :>;::>::>:.;::>:<: <: >:; : ::<.;:::: ;::: :................ ... ... ...... .. .. immen �1?1f YL;T1 :<GRTE ,�RTI C��.;II�s;.�`.C::::.: ::::::::::.::::...................... In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 6th day of June, 2003 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Date Notice Removed Carole Ehrlich,City Secretary e for The Wylie ed 48 hours in Complex is Wheelchair accessible. Sign advance by contacting the City Secretary's office atation or other 972/442-8100 special D 972/442c8170 disabled attendees must be request MINUTES Wylie City Council Tuesday, May 27, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Mondy called the meeting to order at 6:05 p.m. with the following Council members present; Mayor Pro Tern Eric Hogue, Councilman Merrill Young, Councilman Worley, and Councilman Shinn. Councilwoman Allen and Councilman Trout were absent. The following staff members were present; City Manager, Biff Johnson,; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, Administrative Assistant, Aimee Nemer, and Planning Director, Claude Thompson. 1 VOCATT( 1:8 :PLJ IJ I CIF T ,F TA i . Reverend John Thornton of the Wylie United Methodist Church gave the invocation and Councilman Worley led the Pledge of Allegiance. • Presentation of Star Students Awards with the character trait of Accountability Mayor Mondy and Mayor Pro Tern Hogue presented"Star Student Awards"to students demonstrating the character trait of accountability. There was no citizen participation. CON ENT.AGENDA All mattters stoo..iunder the Consent Agenda are considered to be routine by City council and will be A. Approval of the Minutes from the Regular Meeting of May 13, 2003 B. Consider and act upon a Final Plat for the McMillan Junior High/Davis Intermediate School Addition, being a replat of Lot 1, Block A of the Wylie Junior High School Addition, and being all of a certain 44.889 acre tract of land, generally located north of Park Boulevard and east of Country Club Road (F.M. 1378), being situated in the Mercer Phalen Survey, Abstract No. 695, City of Wylie, Collin County, Texas. Minutes—May 27,2003 Wylie City Council Page 1 C. Consider and act upon approval of Ordinance#2003-08 amending Ordinance#2003-06 D. Consider and act upon Final Payment Rush Creek Lift Station Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Consent Agenda with one correction to the Minutes of May 13,2003. A vote was taken and passed 5-0. 1. Consider and act upon a Request for Proposal (RFP) for a Facilities Needs Assessment. Staff Comments Ms. Manson addressed the Council on the need for an overall facilities plan, which identifies needs and priorities for municipal buildings to meet the growing demand of the City. The RFP should include three phases; Assessment of current space, Recommendations to maximize current facilities, and Projects to meet future needs. Ms. Manson stated she would like to move forward with the Request for Proposals. The estimated time to receive the proposals would be 6— 8 weeks and would be presented to Council for further action. Mr. Biff Johnson stated that the funds allocated for this project for FY 2002-2003 would not cover all phases of the proposal but could be allocated to the 2003-2004 budget year. Council Discussion Councilman Young stated that he would like to see the wording in the Request for Proposal to have some reference to Community and Youth Centers. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the Request for Proposal for a Facilities Needs Assessment. A vote was taken and passed 5-0. 2. Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 2003, beginning October 1, 2002, and ending September 30, 2003; repealing all conflicting ordinances; containing a severability clause; and providing for an effective date. Staff Comments Mr. Brady Snellgrove addressed the council stating that mid-year amendments consisted of re- estimates of revenues in the General Fund, and amendments to appropriations in the General, 4B Sales Tax Revenue and Fleet Replacement Funds. The proposed amendments also include the creation of the Park Acquisition and Improvement Fund. The purpose of this fund is to account for the receipt and expenditure of Parkland Dedication Fees formerly included in the General Fund. Minutes—May 27,2003 Wylie City Council Page 2 Mr. Johnson stated that the transfer of Parkland Dedication Fees to a separate fund would allow the funds to be tracked more easily and would clean up the fund balances. Council Discussion Mayor Mondy addressed Chief English asking why the additional expense for maintenance was needed. Chief English explained that vehicle maintenance has increased in part due to the Q2 repairs over the first six months of the budget year. He stated that some of this repair was due to the accident but the majority was the age of the vehicle. He anticipated that additional repairs may need to be made in the future. Mayor Mondy questioned the increase in the Ambulance Contract with East Texas EMS. He asked Chief English if the increase was due to the City of Sachse withdrawing from the coalition. Chief English stated that the increase was not due to the City of Sachse but rather an overall increase in the ambulatory contract. Mayor Mondy addressed the increase in streets and parks utilities. Mr. Snellgrove reported that the increase was due in part to energy increases and additional lighting for new developments. He stated that one option to lower the cost would be to implement the low sodium lights. Mayor Mondy asked what direction the council needed to go to implement this program. Mr. Anthony Johnson stated that as new lights were added or lights were replaced the new sodium lights could be used. He said more research would be done and brought back to council. Council Action A motion was made by Councilman Shinn, seconded by Councilman Worley to approve Ordinance #2003-09 amending the budget for Fiscal Year 2003. A vote was taken and passed 5-0. 3. Consider and act upon adopting Ordinance#2003-10 granting a franchise agreement to Oncor Electric Delivery Company Staff Comments Ms. Manson addressed the Council stating that the current franchise agreement with Oncor Electric Delivery Company will expire in May. The proposed new agreement puts in updated adjustments that have been made over the past several years due to deregulation and settlement agreements. Specifically, the method of calculation of the franchise fees based on kilowatt hours delivered. The 4% of gross revenues received by Oncor from "Discretionary Service Charges" were also included in the franchise fee calculation. Minutes—May 27,2003 Wylie City Council Page 3 Consultant/Developer Comments Mr. Shelton Cook, Area Manager for Oncor was present to address the Council. Mr. Cook stated that Oncor is the local distribution infrastructure provider for many of the electric companies, post de- regulation. He explained that the franchise tax paid by Oncor to the City of Wylie and other cities was to have the right to access streets and right of ways. He reported that Oncor was not directly affiliated with any of the electricity providers other than to supply them with services to support their needs. He stated that the new agreement would cover a 15 year period with a five year extension. Council Discussion Mayor Mondy asked Mr. Cook what the advantages of signing an agreement were to the city. Mr. Cook replied that the city receives around $526,000.00 per year in franchise fees from Oncor and Oncor provides a needed service both to the residents of Wylie and to the companies that provide energy to the city. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Ordinance #2003-10 approving the franchise agreement between the City of Wylie and Oncor Electric Delivery Company. A vote was taken and passed 5-0. IIEADTIstif IIF...QtsANCES: i`l"L�.: �$. AxP�01 . APPI(�;E��D �r Y t >< S UIRED<. ' NOLIE CITY A7 x r TICL :HII, EC IONIC.' .:%: Ordinance#2003-08 Ordinance#2003-09 Ordinance#2003-10 City Secretary, Carole Ehrlich read the title and caption of Ordinance#2003-08, 2003-09, and 2003-10 Council adjourned into Work Session at 6:40 p.m. O ES IONI; • Work Session - Discuss Non-Residential Landscape Requirements of the Zoning Ordinance Mr. Anthony Johnson presented some history on the zoning Ordinances as it pertains to Landscape Requirements for commercial and residential property in the city. He explained that the past increase from 5% to 20% for commercial property was unrealistic for larger businesses having large lots to landscape. He explained that the recent lowering of that percentage to 10% was more in line with what other cities were requiring and made it more attractive to large business. At the same time, with the set backs along areas utilized by small business, landscaping those set backs satisfied the requirements for those small businesses. Mr. Johnson stated that he felt the landscape requirements were fair to both small and large commercial businesses. Minutes—May 27,2003 Wylie City Council Page 4 Mr. Johnson addressed the zoning ordinance as it pertains to residential landscaping requirements. He stated that currently the ordinance addresses the subdivision as a whole. The reason behind this was to require the developer to landscape the subdivision making it visually pleasant as a whole. Mr. Johnson stated that staff could present a new ordinance allowing per lot landscape requirements, however he felt the current subdivision requirement would maintain a better overall look. Councilman Shinn commented that the home owner should always have a right to choose what trees are planted and which are removed from his property. Mr. Johnson stated that there was no requirement in the current ordinance which could force a homeowner to retain a tree he no longer wanted. Consensus of the council was to leave the zoning ordinance pertaining to residential landscaping as it currently is. There being no further business,the council meeting was adjourned at 7:05 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—May 27,2003 Wylie City Council Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. B June 10, 2003 Issue Consider and act upon the award of a contract for the construction of the Stoneybrook Alleys to Santos Construction in the amount of$287,482.30. Background The 1999 Bond identified alley improvements throughout the city,which included reconstruction south of Stoneybrook Dr. and east of Willow Way in the Westwind Meadows subdivision located on South Ballard. The existing alley pavement is approximately 4-inches thick and is rapidly disintegrating due to the heavy trash trucks. City forces have replaced some of the worst sections of paving, however, most of the alleys need to be reconstructed. The base bid includes reconstruction of the alley south of Stoneybrook Dr. and the alley between Stoneybrook and Willow Way, which were identified to be the highest priority. Alternate bids were taken to reconstruct the remainder of the deteriorated alleys and complete the reconstruction in the subdivision. The alleys will be reconstructed to the current City specification of 8-inch reinforced concrete pavement. Financial Considerations A summary of the funding sources is shown below 1999 Bond Funding Sources P7 —Alley improvements east of Willow Way 50,000 P7 —Miscellaneous Alley Improvements 50,000 P7 — Alley improvements south of Stoneybrook 145,000 Interest Earnings 60,000 Total Funds $305,000 To date, $15,000 has been spent 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 for the base bid and additive bid 1 & 2 to Santos Construction to provide all equipment, labor and materials for the construction of the Stoneybrook Alleys. Attachments Recommendation Letter from Binkley& Barfield, Inc. Bid S mmary • repared y Revie d by Finance City Man er Approval Binkley & Barfield, Inc., Consulting Engineers to) 10830 N. Central Expressway, Suite 230 ❑ Dallas, Texas 75231 (214) 369-3610 Fax (214) 369-3608 April 23, 2003 Mr. Chris Hoisted, P.E. City of Wylie 2000 Highway 78 North Wylie, TX 75098 RE: Alley Reconstruction Project Dear Mr. Hoisted: We are enclosing the original bid documents along with the bid tabulations for the above- mentioned project. Three references gave high remarks on the low bidder and it is our recommendation that the City award the contract to Santos Construction. If you have any questions or concerns,please call me at 214-369-3610. Sincerely, Binkley&Barfield, Inc. /41" j?' '—'— Fred Balster,P.E. Vice President Enclosure FRB/jc C:\Data\1104000\CH BBI Job#:104000 Houston Dallas Austin City of Wylie Alley Replacement Project Bid Tabulation BASE BID-ALLEY 1,2, &3 Santos Const. Inc. P&E Contractors J&T Excavating Item Description Qty. Units Unit Price 1 Total Amount Unit Price I Total Amount Unit Price I Total Amount 1 Unclassified Alley Excavation 2,688 LF $4.00 $10,752.00 $10.00 $26,880.00 $3.25 $8,736.00 2 Remove Concrete Sidewalk 392 SF $0.85 $333.20 $1.00 $392.00 $1.00 $392.00 3 Remove Concrete Driveway 5,755 SF $1.10 $6,330.50 $1.00 $5,755.00 $1.75 $10,071.25 4 Remove Alley Pavement 3,206 SY $6.00 $19,236.00 $8.00 $25,648.00 $9.00 $28,854.00 5 Remove Concrete Bollard 2 EA $50.00 $100.00 $250.00 $500.00 $50.00 $100.00 6 Construct 4"Class "A"Concrete Sidewalk or Pad 392 SF $3.00 $1,176.00 $3.50 $1,372.00 $4.75 $1,862.00 7 Construct 6"Class "A"Concrete Driveway 5,755 SF $3.50 $20,142.50 $3.75 $21,581.25 $4.10 $23,595.50 8 Construct 8"Class "A"Concrete Alley Pavement 3,200 SY $36.50 $116,800.00 $31.00 $99,200.00 $36.00 $115,200.00 9 Construct Pavement Header 563 LF $9.00 $5,067.00 $10.00 $5,630.00 $7.00 $3,941.00 10 Barricades &Traffic Control 1 LS $600.00 $600.00 $2,500.00 $2,500.00 $500.00 $500.00 Total Base Bid : $180,537.20 $189,458.25 $193,251.75 BASE BID-ALLEY 1,2, &3 JRJ Paving Vortex Const. TRt-CON Services Item Description Qty. Units Unit Price I Total Amount Unit Price I Total Amount Unit Price, Total Amount 1 Unclassified Alley Excavation 2,688 LF $8.27 $22,229.76 $6.00 $16,128.00 $10.00 $26,880.00 2 Remove Concrete Sidewalk 392 SF $0.57 $223.44 $4.00 $1,568.00 $1.00 $392.00 3 Remove Concrete Driveway 5,755 SF $0.57 $3,280.35 $1.50 iiiiiiiiiiiiiiiiiiit4g$Z56 $1.00 $5,755.00 4 Remove Alley Pavement 3,206 SY $5.13 $16,446.78 $10.00 $32,060.00 $10.00 $32,060.00 5 Remove Concrete Bollard 2 EA $100.00 $200.00 $200.00 $400.00 $50.00 $100.00 6 Construct 4"Class "A"Concrete Sidewalk or Pad 392 SF $5.00 $1,960.00 $6.00 $2,352.00 $4.00 $1,568.00 7 Construct 6"Class "A"Concrete Driveway 5,755 SF $4.00 $23,020.00 $4.00 $23,020.00 $4.00 $23,020.00 8 Construct 8"Class "A"Concrete Alley Pavement 3,200 SY $38.05 $121,760.00 $34.00 $108,800.00 $40.00 $128,000.00 9 Construct Pavement Header 563 LF $15.00 $8,445.00 $14.00 $7,882.00 $6.00 $3,378.00 10 Barricades &Traffic Control 1 LS $1,500.00 $1,500.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 - Total Base Bid : Eigi$191065231 ;:::>4 2Milt..4 i50 5225,153.00 jiiiIiiiiiiiiiiiiiMiii=Corrective Bid 4/23/2003 City of Wylie Alley Replacement Project Bid Tabulation ADDITIVE BID 1-ALLEY 4 Santos Const. Inc. P&E Contractors JRJ Paving Item Description Qty. Units Unit Price I Total Amount Unit Price( Total Amount Unit Price I Total Amount'. 1 Unclassified Alley Excavation 980 LF $4.00 $3,920.00 $10.00 $9,800.00 $8.70 $8,526.00 2 Remove Concrete Sidewalk 112 SF $0.85 $95.20 $1.00 $112.00 $0.57 $63.84 3 Remove Concrete Driveway 3,446 SF $1.10 $3,790.60 $1.10 $3,790.60 $0.57 $1,964.22 4 Remove Alley Pavement 1,153 SY $6.00 $6,918.00 $8.00 $9,224.00 $5.13 $5,914.89 5 Construct 4"Class "A"Concrete Sidewalk or Pad 118 SF $3.00 $354.00 $3.50 $413.00 $5.00 $590.00 6 Construct 6"Class "A"Concrete Driveway 3,446 SF $3.50 $12,061.00 $3.75 $12,922.50 $4.00 $13,784.00 7 Construct 8"Class "A"Concrete Alley Pavement 1,153 SY $36.50 $42,084.50 $30.00 $34,590.00 $38.08 $43,906.24 8 Construct Pavement Header 86 LF $9.00 $774.00 $10.00 $860.00 $15.00 $1,290.00 Total Additive 1 Bid : $69,997.30 $71,712.10 $76,039.19 ADDITIVE BID 1-ALLEY 4 ............................. J&T Excavating TRI-CON Services Vortex Const. Item Description Qty. Units Unit Price Total Amount Unit Price I Total Amount Unit Price Total Amount 1 Unclassified Alley Excavation 980 LF $4.25 $4,165.00 $10.00 $9,800.00 $10.00 $9,800.00 2 Remove Concrete Sidewalk 112 SF $1.00 $112.00 $1.00 $112.00 $6.00 $672.00 3 Remove Concrete Driveway 3,446 SF $1.50 $5,169.00 $1.00 $3,446.00 $2.00 $6,892.00 4 Remove Alley Pavement 1,153 SY $9.00 $10,377.00 $10.00 $11,530.00 $14.00 $16,142.00 5 Construct 4"Class "A" Concrete Sidewalk or Pad 118 SF $4.75 $560.50 $5.00 $590.00 $20.00 $2,360.00 6 Construct 6"Class "A" Concrete Driveway 3,446 SF $4.10 $14,128.60 $4.50 $15,507.00 $6.00 $20,676.00 7 Construct 8"Class "A"Concrete Alley Pavement 1,153 SY $36.00 $41,508.00 $45.00 $51,885.00 $38.00 $43,814.00 8 Construct Pavement Header 86 LF $7.00 $602.00 $6.00 $516.00 $20.00 $1,720.00 Total Additive 1 Bid : $76,622.10 I $93,386.00 $102,076.00 4/23/2003 City of Wylie Alley Replacement Project Bid Tabulation ADDITIVE BID 2-ALLEY 5 Santos Const.Inc. P&E Contractors J&T Excavating ftem Description Qty. Units Unit Price I Total Amount Unit Price I Total Amount Unit Price I Total Amount 1 Unclassified Alley Excavation 550 LF $4.00 $2,200.00 $10.00 $5,500.00 $5.00 $2,750.00 2 Remove Concrete Sidewalk 56 SF $0.85 $47.60 $1.00 $56.00 $1.00 $56.00 3 Remove Concrete Driveway 937 SF $1.10 $1,030.70 $1.10 $1,030.70 $1.75 $1,639.75 4 Remove Alley Pavement 688 SY $6.00 $4,128.00 $8.00 $5,504.00 $9.00 $6,192.00 5 Construct 4"Class "A"Concrete Sidewalk or Pad 56 SF $3.00 $168.00 $3.50 $196.00 $4.75 $266.00 6 Construct 6"Class "A"Concrete Driveway 937 SF $3.50 $3,279.50 $3.75 $3,513.75 $4.10 $3,841.70 7 Construct 8"Class "A"Concrete Alley Pavement 688 SY $36.50 $25,112.00 $30.00 $20,640.00 $36.00 $24,768.00 8 Construct Concrete Curb 31 LF $3.00 $93.00 $2.00 $62.00 $1.00 $31.00 9 Construct Pavement Header 71 LF $9.00 $639.00 $10.00 $710.00 $7.00 $497.00 10 Adjust Cleanout to Grade 1 EA $250.00 $250.00 $100.00 $100.00 $100.00 $100.00 Total Additive 2 Bid : $36,947.80 $37,312.45 $40,141.45 ADDITIVE BID 2-ALLEY 5 JRJ Paving TRI-CON Services Vortex Const. Item Description Qty. Units Unit Price Total Amount Unit Price Total Amount Unit Price:, Total Amount 1 Unclassified Alley Excavation 550 LF $8.02 $4,411.00 $10.00 $5,500.00 $11.00 $6,050.00 2 Remove Concrete Sidewalk 56 SF $0.57 $31.92 $2.00 $112.00 $20.00 $1,120.00 3 Remove Concrete Driveway 937 SF $0.57 $534.09 $1.50 $1,405.50 $3.00 $2,811.00 4 Remove Alley Pavement 688 SY $5.13 $3,529.44 $15.00 $10,320.00 $18.00 $12,384.00 5 Construct 4"Class "A"Concrete Sidewalk or Pad 56 SF $5.00 $280.00 $6.00 $336.00 $15.00 $840.00 6 Construct 6"Class "A"Concrete Driveway 937 SF $4.00 $3,748.00 $5.00 $4,685.00 $7.00 $6,559.00 7 Construct 8"Class "A"Concrete Alley Pavement 688 SY $38.08 $26,199.04 $47.50 $32,680.00 $38.00 $26,144.00 8 Construct Concrete Curb 31 LF $3.00 $93.00 $5.00 $155.00 $15.00 $465.00 9 Construct Pavement Header 71 LF $15.00 $1,065.00 $6.00 $426.00 $20.00 $1,420.00 10 Adjust Cleanout to Grade 1 EA $300.00 $300.00 $200.00 $200.00 $300.00 $300.00 Total Additive 2 Bid : $40,191.49 $55,819.50 $58,093.00 4/23/2003 City of Wylie Alley Replacement Project Bid Tabulation Summary Bids , Santos Const.Inc. P&E Contractors J&T Excavating JRJ Pavin o . Vortex Const. TRI-CON Services'I Base Bid Total $180,537.20 $189,458.25 $193,251.75 a d,y;• ' $225,153.00 Additive 1 Total $69,997.30 $71,712.10 $76,622.10 $76,039.19 $102,076.00 $93,386.00 Additive 2 Total $36,947.80 $37,312.45 $40,141.45 $40,191.49 $58,093.00 $55,819.50 Grand Total $287,482.30 $298,482.80 $310,015.30 $315,296.01 $365,011.50 $374,358.50 =Corrective Bid WYLIE CITY COUNCIL AGENDA ITEM NO. C June 10, 2003 Issue Consider and act upon the award of a contract for the construction of the Newport Harbor Pump Station Additions to Cooper General Contractors in the amount of$112,600. Background The Newport Harbor Pump Station is designed to provide water to the western portions of the City. The construction of the pump station included the piping and associated appurtenances for four pumps to allow for future expansion of the station. Initially, two 600-gpm pumps were installed, and based on updated population projects,the City will need an additional 5,000-gpm service pump capacity by 2005 to meet TCEQ requirements. The contract includes the installation of two 2,500-gpm pumps and related piping, electrical and control improvements. Financial Considerations The Newport Harbor Pump Station and the additional pumping capacity are identified in the 10-year Water System CIP and are included in the water impact fee calculation. Funding for the construction will be from water impact fees. A summary of the project cost is shown below. Project Cost Engineering 17,800 Construction 112,600 Total $130,400 The current water impact fee balance is sufficient to cover the pump station additions. 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 Cooper General Contractors to provide all equipment, labor and materials for the construction of the Newport Harbor pump station additions. Attachments Recommendation Letter from The Hogan Corporation. Bid Summary Prepared by Revie d by Finance ity Ma r Approval THE HOGAN CORPORATION Engineers • Planners • Consultants May 22, 2003 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Chris Hoisted, P.E. Re: Newport Harbor Pump Station Pump Addition THC #002-61.20 Dear Mr. Johnson: On May 15, 2003, a total of four(4) bids for the referenced project were received in your offices and opened. Cooper General Contractors (Cooper) submitted the apparent low base bid in the amount of$112,600. All bid submittals have been subsequently reviewed and tabulated. No mathematical errors or discrepancies in any submittals were noted. A copy of the bid tabulation is attached. We reviewed qualification information submitted by Cooper, and contacted several of the references provided. Based on our review of the qualification information submitted we see no reason to believe that Cooper would be incapable of performing this work. It is therefore recommended that the City of Wylie award the project to Cooper for their low base bid of$112,600.00. Please let us know if there are any comments or questions. Very truly yours, THE HOGAN CORPORATION Lar -on, P.E. E c ce President Enclosures IIIMember, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 � Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Bids Received: May 15,2003 2:00 p.m. City of Wylie NEWPORT HARBOR PUMP STATION PUMP ADDITION BID SUMMARY Cooper General Cont. TNG Services Triple D Inc. Dal-Ec Construction Item Est. # Qty. Unit Description Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Base Bid Items 1 1 L.S. For furnishing and installing two high service pumps, $112,600.00 $112,600.00 $116,000.00 $116,000.00 $127,900.00 $127,900.00 $130,000.00 $130,000.00 including but not limited to,interconnecting piping and valving,electrical power and control systems, and other appurtenances,complete in place. Total-Base Bid Amount $112,600.00 $116,000.00 $127,900.00 $130,000.00 THC 002 61.20 THE HOGAN CORPORATION Page 1 05/19/03 14:05 FAX 972 380 4633 THE HOGAN CORPORATION WYLIE-HOLSTED ?001./002 THE HOGAN CORPORATION Engineer . Planners . Consultants Dallas, Texas (972)380-4646 (972)380-4633 FAX Facsimile Cover Sheet To: Chris Hoisted, P.E. From: Larry K. Fuson, P.E Company: City of Wylie Date: May 19, 2003 FAX#: 972-442-4302 Pages: 2 (including this page) Subject: City of Wylie Newport Harbor Pump Station Pump Additions THC#002-61.20 Comments: Attached for your information and review is a bid tabulation for the referenced project. As you know, four bids were received and opened last Thursday afternoon. We have reviewed the submittals and tabulated the bids;no errors or discrepancies have been detected. We have solicited and are currently reviewing qualification data provided by the low bidder(Cooper),and will provide recommendations upon completion of our review of this information. Please advise if any comments or questions. Cc: Willard Jordan, P.E. IF ALL PAGES SENT WERE NOT RECEIVED,PLEASE CONTACT OUR OFFICE- 18333 Preston Road Suite 455 Fax cover page 1 Dallas,Texas 75252 Bids Received: May 15,2003 2:00 p.m City of Wylie NEWPORT HARBOR PUMP STATION PUMP ADDITION BID SUMMARY C E l Da- c Construction Inc. Cooper General Cont. 7NG Services Triple D Item Est. cni m Amount Qty. Unit Description Unit Price Amount Unit Price Arnaud' Unil Price Unit Price Amount Base Bid Items • 1 1 L.S. For furnishing and installing two high service pumps, $112,600.00 5112,600.00 $116,000 00 5116,000.OD 5127,900.00 $127.906.00 $130,000.00 $130,000.00 �� including but not limited to,interconnecting piping and valving,electrical power and control systems, °' 0 and other appurtenances,complete in place. Tolal-Base Bid Amount 5112,600.00 5116,000.00 5127,900.013 $130,000.00 M 0 c- 0 ro 0 H H 0 z r M m 1-3 x 0 rn ra 0 0 ry 1HC 002-61.20 THE HOGAN CORPORATION Page 1 05/22/03 0 .13 FAX 372 380 4633 THE HOGAN CORPORATION , 44'T IE-HOLSTEO Z,0t11 THE HOGAN CORPORATION Engineers • Planners • Consultants Dallas, Texas '972 380-4646 972 380-4633 FAX Facsimile Cover Sheet To: C-.—\` . From: 1.< t-�---- C Company: Date: /c7. - FAX#: Pages: (including this page) Subject: Q5 -.NA 6', Comments: Cx (--- c • IF ALL PAGES SENT WERE NOT RECEIVED,PLEASE CONTACT OUR OFFICE. 18333 Preston Road Suite 455 Dallas,Texas 75252 05/22/03 07:15 FAX 972 380 4633 THE HOGAN CORPORATION WYLIE-HOLSTEI) ^02 cc '' COOPER 1111 OUNUP/►L CONTRACTOR() May 19,2003 The Hogan Corporation 18333 Preston Road, Suite 455 Dallas,TX. 75252 Attention:Larry Fuson Reference:Newport Harbor Pump Station Additions Gentlemen: We are excited about being the lowest bidder on City of I haylieNewport wpt Harbore followinginformationmp nd bens project and potentially working with The Hogan Corporation. prepared help you understand the makeup of our company. Gene Cooper,the owner of Cooper General Contractors(Cooper),started his career with Cajun Contractors(now called Cajun Constructors)in 1982.As you may know,Cajun is a 5150 M per year company that specializes in Wester and Wastewater treatment construction.Mr.Cooper worked there for 12earss,55yy ms as a ice President.ce m f During his employment with Cajun,he was involved with the estimating,supervisionproject8 hundreds of millions of dollars of municipal construction giving hint a strong base to start Cooper General Contractors. I also worked for Cajun Contractors starting 1982 through 1989 as a senior estimator and project manager which gave me the background needed to start my company,North Texas Municipal Construction Company (Northarealease Texas).North Texas has successfully completed over 70 municipal construction projects see the attached list)including many projects similar to Newport Harbor Pump Station. Cooper and North Texas merged this year in an effort to strengthen Cooper's work in the municipal market. Adding the equipment,supervision and work force of North Texas to Cooper's established Municipal Division has created a very solid and experienced group well positioned to successfully complete projects I would lead the team as Project Manager,and Henry Henson would be the Superintendent.As you know,Henry Henson was the project superintendent on the Rnsh Creek Lift Station for the Ciry of Wylie. For your information,the electrical subcontractor would be TPC Electric.Paco Pumps quoted the lowest price but as an alternate.Patterson Pump is the lowest approved named pump manufacturer. Sinc�ly, � r Michael G.Daigre 972-245-7960 1225 E.Crosby-Suite Al -Carrollton,Texas 75006 972-246-7970 Fax LB 39Vd OL6LSl? 2L6 91:0i 608z/6t/50 ,22 03 38:13 FAX 972 380 4633 THE HOGAN CORPORA 7.0 -, WYLA E-HO STED Z00.1 THE HOGAN CORPORATION Engineers • Planners • Consultants May 22,2003 Mr.Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention; Chris Hoisted,P.E. Re: Newport Harbor Pump Station Pump Addition THC#002-61.20 Dear Mr.Johnson: On May 15,2003,a total of four(4)bids for the referenced project were received in your offices and opened. Cooper General Contractors(Cooper)submitted the apparent low base bid in the amount of$112,600. All bid submittals have been subsequently reviewed and tabulated. No mathematical errors or discrepancies in any submittals wore noted. A copy of the bid tabulation is attached. We reviewed qualification information submitted by Cooper,and contacted several of the references provided. Based on our review of the qualification information submitted we see no • reason to believe that Cooper would be incapable of performing this work. It is therefore recommended that the City of Wylie award the project to Cooper for their low base bid of$112,600.00. Please let us know if there are any comments or questions. Very truly yours, THE HOGAN CORPORATION detu n.P.E. lyee V ce President Enclosures Member. Consulting Engineers Council of Texas Dallas, Texas 75252 il Member, American Consulting Engineers Council 18333 Preston Road, Suite 455 TEL (972)380-4646 FAX: (972)360-4633 Bids Received: hl y 15.2003 2:00 p.m. 11 City of Wylie G. NEWPORT HARBOR PUMP STATION PUMP ADDITION rJ t-� BID SUMMARY Y TNG Services Trtpte D inc. Dal-Ec Construction Cooper General Cont- Amount co Qty..Q # t Unit Description Unit Price Amount Und Price Amount Unit Price Amount Unit noe Base Bid Items 1 1 L.S. For furnishing and instating Nro high service pumps, $112,600.00 5112,600.00 $116,000.00 $116,00D,00 $127,900.00 5127,000.00 5130,000.00 $130.000.00 Co including but not limited to,interconnecting piping C? and valuing,electrical power and control systems, Ca and other appurtenances,complete in place. a� C-) C) Ga S 127 900 00 5130,OOD_OD Total-Rase Bid Amount $112,600.00 5116,000 00 r t7 0 4> Q 0 P1 l •-1 rn 111 r.. Page l THE HOGAN CORPORATION THC 0D2 61.20 WYLIE CITY COUNCIL AGENDA ITEM NO. 1 June 10, 2003 Issue Consider and adopt an Ordinance establishing the Wylie Animal Shelter Advisory. Background Chapter 823.005 of the Health and Safety Code require that the governing body of a municipality in which an animal shelter is located, appoint an advisory committee. The advisory committee must be composed of at least one licensed veterinarian, one county or municipal official,one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization. The advisory committee must meet at least three times per year. The City Attorney created the attached Ordinance to establish and govern the animal shelter advisory board. Financial Considerations None Other Considerations None Board/Commission Recommendations NA Staff Recommendations Staff recommends approval of the Ordinance. If the Council wishes,the appointments to the board can be addressed during the June 24th meeting with all other board and commission appointments. Attachments Proposed Ordinance (t, "'P a°red by Review by Finance City Mana Approval ORDINANCE NO. NO. 2003-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE WYLIE ANIMAL SHELTER ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF ITS MEMBERS AND THE METHOD OF FILLING VACANCIES; PROVIDING FOR THE QUALIFICATIONS OF ITS MEMBERS; DEFINING A QUORUM AND VOTING REQUIREMENTS; PROVIDING FOR THE DESIGNATION OF OFFICERS; PROVIDING FOR THE POWERS AND DUTIES OF THE ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to establish the Wylie Animal Shelter Advisory Board; and WHEREAS, the City Council has further investigated and determined that the establishment of the Wylie Animal Shelter Advisory Board as provided herein complies with the requirements of Chapter 823, Health and Safety Code. 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. For the purposes of this Ordinance, the following terms, phrases, words and their derivation shall have the meaning given herein: Board when used herein shall mean the Wylie Animal Shelter Advisory Board of the City of Wylie, Texas. Board Member when used herein shall mean the members of the Wylie Animal Shelter Advisory Board. Wylie when used herein shall mean the City of Wylie, Texas. SECTION 3: Establishment of Wylie Animal Shelter Advisory Board. The Wylie Animal Shelter Advisory Board is hereby established to, among other things, oversee the Wylie Animal Shelter and act in an advisory capacity to the City Council. ORDINANCE#2003-11,ESTABLISHING ANIMAL SHELTER ADVISORY BOARD—Page 1 SECTION 4: Number of Members/Qualified Appointment/Terms. The Board shall consist of four (4) members. The Board shall consist of one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization with the Board members to be appointed by the City Council for a term of one (1) year; provided, however, that of the initial appointments made under this Ordinance, shall be for a term commencing on June 1, 2003 and expiring on June 30, 2004. No Board member shall serve for more than three (3) consecutive terms or six (6) consecutive years (whichever is less); provided, however, should a Board member's replacement not be qualified upon the expiration of any term of a Board member, then that Board member shall holdover on the Board until a qualified replacement Board member has been appointed. In addition to Board members, the City Manager may appoint a staff designee as an ex officio member of the Board, who shall have no right to vote on any matter before the Board. Each Board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. SECTION 5: Meetings. The Board shall meet at least three (3) times per year and any additional meetings as may be called from time to time. Special meetings may be called by the Chair or by written request sent to the Chair or Vice-Chair by two (2) members of the Board. SECTION 6: Vacancies. When vacancies occur on the Board, the City Council shall appoint, by majority vote, a replacement to serve the remainder of the term. SECTION 7: Removal. Each Board member serves at the pleasure of the City Council and may be removed at the discretion of the City Council. Board member absences shall be controlled by Article VIII of Wylie's Charter. SECTION 8: QuorumNotinq. Three (3) Board members shall constitute a quorum of the Board for the purpose of conducting its business, exercising its powers and for all other purposes. No action of the Board shall be valid or binding unless adopted by the affirmative vote of a majority of those Board members present and voting. SECTION 9: Powers and Duties. A. The Board shall act in an advisory capacity to Wylie staff and the City Council in any matter pertaining to compliance with Chapter 823, Health and Safety Code. B. The Board, through its Chairperson, shall make an oral and/or written report annually to the City Council concerning its activities during the past year and its proposals for the coming year. C. The Board's authority shall not extend to the direction, supervision, employment or termination of Wylie employees. No supervisory power of the Board is created. ORDINANCE#2003-11,ESTABLISHING ANIMAL SHELTER ADVISORY BOARD—Page 2 D. The Board will develop for City Council approval a set of by-laws governing rules of procedure for their meetings and operation. E. The Board shall not have the power to obligate Wylie for funds and/or expenditures or incur any debt on behalf of Wylie. F. All powers and duties prescribed and delegated herein are delegated to the Board, as a unit, and all action hereunder shall be of the Board acting as a whole. No action of an individual Board member is authorized, except through the approval of the Board or City Council. G. The Board shall have any other power and/or duty as prescribed and authorized by the City Council. SECTION 10: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10th day of JUNE. 2003. JOHN MONDY, Mayor ATTESTED AND CORRECTLY APPROVED AS TO FORM: RECORDED: Carole Ehrlich, ABERNATHY, RODER, BOYD & City Secretary JOPLIN, P.C., City Attorneys ORDINANCE#2003-11,ESTABLISHING ANIMAL SHELTER ADVISORY BOARD—Page 3 WYLIE CITY COUNCIL AGENDA ITEM NO. 2 June 10, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agricultural (A) to Planned Development(PD)District for Village Center Mixed Residential and Nonresidential Uses,generally located east of County Road 389 (Forrest Ross Road) and south of Skyview Drive and north of Kansas City Southern Railroad, being all of that certain 94.16 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 5108, Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 4242, Page 1505, Deed Records of Collin County, Texas, except for those certain called 16.48 and 5.5 acre tracts conveyed to Kansas City Southern Railroad in October 1998, and being in total a 121.11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. (Zoning Case 2003-03) Background The applicant is requesting rezoning of the subject property in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities and building types, retail uses and public open spaces. The proposal is intended to create a viable Village Center concept as defined by the Comprehensive Plan, and,through coordinated planning and design,better address several development constraints of the property and take advantage of its Lake Lavon adjacency. The entire 121 acres included within this Planned Development District are currently zoned Agriculture(A), which is generally a holding District until appropriate urban land uses are proposed. The property is undeveloped, except for several major water transmission lines. The properties abutting the proposed Planned Development District to the south of the subject tracts are zoned Industrial (I) or Agriculture (A) and are occupied by the railroad tracks and switching operations. County Road 389(Forrest Ross)serves as the western boundary of the tract and Skyview Drive bounds it on the north. Properties to the north across Skyview are within unincorporated Collin County, and are owned by the United States Army Corps of Engineers and are developed as Lake Lavon and adjacent open space lands. Abutting properties to the east are within unincorporated Collin County and developed Lavon Ranchettes rural residential subdivision. The property covered by the PD is completely enclosed by these other properties, which are undevelopable or already developed. The Concept Plan for the Planned Development District divides the overall property into three distinct portions along the lines of other ownerships. The western tract will be defined on the east by the extension of Spring Creek Parkway as Park Boulevard, and encompasses 29 acres or 24 percent of the total PD area. This area is landlocked,by C.R 389 on the west,the railroad corridor to the south and North Texas Water District property and water transmission easement on the north. The Concept Plan allocates Neighborhood Service retail and 7,200 square feet Single-Family residential lots to this western tract. The central portion, 55.5 acres or nearly 46 percent of the total, is bounded to the west and east by Federal Lake Lavon open space lands, to the north by Skyview and Lake Lavon and to the south by the railroad, and is traversed on its south by major water transmission lines. The extension of Spring Creek Boulevard as Park Boulevard is planned to dissect this tract. The Concept Plan allocates this tract for Neighborhood Service retail, residential lots of 4,000 square foot lots for patio houses and 7,200 square foot lots for Single-Family detached. The eastern tract, 36.5 acres or 30 percent of the total, is allocated to Single-Family residences on 10,000 square foot lots. This tract is restricted on the north and west by Federal property and to the south by the railroad that cannot be developed for other uses. The eastern boundary is the unincorporated Lavon Ranchettes which could redevelop in the future. The Conditions of the Planned Development District establish the maximum possible number of single-family detached residential lots and dwellings at 352, including 50 lots for patio houses on 4,000 square foot lots, 210 lots of 7,200 square feet and the remaining in 10,000 square foot lots. The overall gross residential density is established at a maximum 2.9 dwelling units per acre. The PD provides a substitution from the standard residential development requirements of the Zoning Ordinance,largely in subdivision street and lot layout, with architectural regulations to be the same as the Ordinance. The PD Conditions establish substitute regulations for the layout of retail and commercial uses, but require that nonresidential development comply fully with the landscape and architectural requirements of the Zoning Ordinance. Public Comment Forms were mailed to twelve (12) property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The stated purpose of a Planned Development District is to allow the combining of uses and regulations of various zoning districts, which is not allowed by straight zoning, and to permit flexibility and innovation in the use and design of land and development beyond the minimal requirements of the Zoning Ordinance. The recent revisions to the Zoning Ordinance were specifically designed to provide such flexibility and thereby avoid the need for PDs. However,the configuration and disconnectedness of the subject property, the intended mixed uses of this request, as well as both the significant amenity offered by the adjacent Lake Lavon lands and the potential constraints to development imposed by the characteristics of the site and adjacent rail corridor, justify its rezoning as a coordinal Planned Development District rather than as separate development proposals regulated by differing zoning categories and limited potential for connectivity and coordinated control. 2. The Comprehensive Plan recommends that the western half of the subject property be developed in Suburban Residential uses, with single-family dwellings on lots of between 10,000 and 30,000 square feet. The Plan recommends Country residential uses,with lots of one acre and larger,for the eastern half of the property. The Planning and Zoning Commission is in the process of considering potential revisions to the Comprehensive Plan, but has recommended these same residential density patterns of the subject area be retained as earlier adopted. The requested rezoning to smaller residential lots is not consistent with these recommendations of either the adopted or draft revision of the Comprehensive Plan. However, the Comprehensive Plan revision under consideration by the P&Z Commission does envision Village Center Retail uses immediately northwest of the subject property, building on existing Neighborhood Service retail zoning in that area. The Village Center concept of the Comprehensive Plan focuses residential uses around a central commercial/institutional core in decreasing densities as the distance from the nonresidential core increases. Higher-density residences, including smaller-lot single- family detached or attached dwellings and multifamily dwellings, are to be located nearest to the Village Retail Center to encourage pedestrian access. Lower-density residential uses are to radiate outward from this central core in concentric circles, decreasing in sizes of lots and density through Suburban to Country Residential. The proposal does generally comply with the Village Center philosophy of the Comprehensive Plan, by locating retail uses along the new Park Boulevard corridor and smaller lots immediately around these to the east and west and larger lots further to the east. 3. Although no controlling Development Plan has yet been formulated, the Conditions of the Planned Development District provides connection of residential neighborhoods and retail center to the public City park dedication and U.S. Corps of Engineers Lake Lavon open spaces by requiring single-loaded streets and an 8-foot wide trail system. The trail system will be constructed along one side of the residential streets rather than narrower side walks along both sides. These proposals have been accepted by the City Engineer as complying with the recommendations of the Thoroughfare Plan and Design Standards ofthe Zoning Ordinance. 4. The Subdivision Regulations require alleys within all residential developments. The PD Conditions require alleys except for double-fronting lot and lots within cul-de-sacs of 7,200 square foot lots and for all 10,000 square foot lots. When provided, these alleys will be twenty-feet in width as required by the Thoroughfare Standards. Alleys are not appropriate when lots back onto open space or the railroad corridor. 5. The Conditions of the Planned Development District establish that a maximum of 352 single-family lots may be developed through the area controlled by the PD,including 50 lots of 4,000 square feet, 210 lots of 7,200 square feet and the remainder may be 10,000 square feet. These residential lots are to comply with the dimensional requirements of the SF 8.5/17 District of the Zoning Ordinance with the following exceptions: n 4000 sq. ftand7200s . ft. 8,500 sq.ft. 10,000 sq. ft. 10,000 sq. ft. 40 ft.for q 000s . ft. 60 ft.for 7,200 sq. ft. 70 ft. for 8,500 sq. ft. fo r 10,000 s . ft. 75ft. o 10,000 ft.s for q 70 ft.t q 0 ft.85 & 1 s .fr . f 2 5ft. o 00 t.72 s 00 q f r40 &15ft. o q ...................... 20 ft. for 10,000 sq. ft. � sq. ft. 0 0 r fo r or 4 000 q 6 ft. for 7,200 sq. ft. 7 ft. for 8,500 sq. ft. 10,000 sq. ft. fr O OOO s ft. 10 ft. 0 0 for 1 ft. q 10 ft. for 4,000 sq. ft. 10ft. for 7200s . ft. 25 ft. for 8.5 & 10 sq. ft. 20 ft. for 10,000 sq.ft. 25ft. for8.5 & 10sq. ft. . for 4 000 s . ft. 15 ft .................... �r 1,000 sq. ft. for 4,000 sq. ft. lots 1,500 sq. ft. for 7,200 sq. ft. lots 1,700 sq. ft. for 8,500 sq. ft. lots 1,900 sq. ft. for 10,000 sq. ft. lots 1,900 sq. ft. for 10,000 sq. ft. lots 6. The PD Conditions require compliance with the Architectural Requirements of the Village Residential Districts (Figure 3-14.D) of the Zoning Ordinance. The PD proposes to substitute the following regulations for the Land Design and Street/Sidewalk Requirements (Figures 3-14.A, B and C) of the Zoning Ordinance. Single-loaded street, 8 ft. trail in 10 ft esm't is base,w/ for 4,000 and 7,200 sq. ft. only, connection every 10 lots no amenitiesrequired re uired amenities along trail w/in100 ft. ROW is median ' 70 ft. l O ft. 0 1 ft landscaped medi an w/in ROW, base, at Park Blvd. iewon ly landscape gets points i ewalks :::. 5 ft.,both sides of street 4 ft.,both sides is base, 5 ft. gets points ofstreet, 30. ft. o.c., both si des, o.c., bot h si des 30ft. 1 tin 3in. at an plan ting g atp 2 in. p g >> 6 ft. masonrywallw/columns/co lump s 50 ft. o. c., 6 ft.masonry wall along Park, Skyview&Forrest Ross 7. The PD Conditions provide the following special regulations for signage for residential and Neighborhood Service developments throughout the PD: • All signs to identify subdivisions will be monument signs. • Subdivision identification signs may be located within the median with approval of staff at plat review. Residential subdivisions along Skyview and Forrest Ross shall be integrated into masonry walls at subdivision entries. • Monument signs shall not exceed 80 sq.ft. in area, 10 feet in width and 20 feet in height. The current Sign Regulations restrict nonresidential signs to a height of 10 feet,but allow an area of up to 150 sq. ft. for multiple tenant centers and 90 sq. ft. for single tenant sites. • Fuel pricing signs for the Motor Vehicle Fueling Station may not exceed 60 sq. ft. and a height of 10 feet. The Sign Regulations allow such signs to be a maximum of 90 sq. ft. 8. Within the Neighborhood Service retail area,the Conditions of the PD allow all uses allowed within the NS District with the following exceptions: • Financial Institutions with or without drive-thru (allowed only w/ SUP in ZO) • Motor Vehicle Fueling Station— 1 max. (allowed only w/ SUP in ZO) • Drive-in or drive-thru Restaurant (not allowed in ZO) • Minor Automotive Repair— 1 max. (allowed only w/ SUP in ZO) • General Merchandise or Food Store 10,000 sq. ft. or less (not allowed in ZO) 9. The PD Conditions require compliance with the Landscape and Architectural Requirements ofthe Village Residential Districts(Figures 4-7 and 4-8)of the Zoning Ordinance. The PD proposes to substitute the following regulations for the Site Design Requirements (Figure 4-6) of the Zoning Ordinance. nzred Facades oriented to street w/ i r atng courts ce i le buildings molt p ofgreater than buildings 50% buildings w/in of and no Pa rk 20 000 s . ft. is base smaller line at ar it ' e >building , q buildings at front Bldg. Line get points or rearis base no Parking to side No parkingin front alongPark , exceptfor fuel centerparking gets arkin in front points At 1 intersection from east 150 ft i joint betwee n sites isoccess b 2 maximum on both sides of base a , getpoints oin is rscreened from street,' 1 Not Visible Screened from street&residential , masonrywall masonrywal l 1 w/ by 6 ft.masonry wall 6 ft.masonry wall only,no plants my or and trees shrubs extrahei ght el�t setback based o 10. Each phase of development within this Planned Development District shall require the approval by the Commission and Council of a detailed Development Plan prior to platting and the initiation of construction. 11. The applicant contends that the adjacency of the property to the extensive public-access open space of the U.S. Corps Lake Lavon properties justifies the higher residential densities of the smaller lots. The gross overall density allowed by this Planned Development District is 2.9 dwelling units per acre(352 maximum dwellings on 121 acres). When adjusted for some Neighborhood Retail development, the gross residential density allowed by the PD is 3.2 dwellings per acre(352 units on 111 acres). When the 31.4 acres of Federal open space immediately adjacent to the PD lands(not including any lake front properties across Skyview)are considered,the gross density of the PD will be 2.3 dwellings per acre(352 dwelling on 152.4 acres) or 2.5 when adjusted for retail. If developed according to the recommendations of the Comprehensive Plan, approximately 1.5 dwellings per acre with 20,000 sq. ft. lots on the western 84.5 acres and one acre lots on the eastern 36.5,the PD area could accommodate a maximum of 78 dwellings compared to the requested 352. 12. Although not directly related to the current request, the following is a comparison of gross residential densities of recently approved residential developments: • Bozman Farms—2.84 d.u./ac. (1,350 SF units on 475.8 acres, including 173 ac. of open space) • Woodbridge (North/Wylie)—7.1 d.u./ac. (665 SF dwellings on 93.9 ac., w/no open space) - 8.45 d.u./ac. (665 Sf and 293 MF on 113.4 ac.) • Woodbridge (Sachse w/G.C.)—2.5 d.u./ac. (980 SF dwellings on 211.5 acres, including 179 acre golf course) Board/Commission Recommendation At the May 20, 2003 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend approval of the proposed zoning change with stipulations that future Development Plans reflect more natural amenities and the interior properties reflect stronger relationship to the lake. The Park Board has reviewed the PD Concept of utilizing Federal lands as open space and the Board recommends against the City of Wylie leasing such lands(as Corps lands can be used for low impact,passive recreation only) and not connect the residences to these lands with trails. The Board further recommends against the planned dedication of lands near the retail center(because of the major water lines beneath)and recommends funds in lieu of land. Staff Recommendation Denial. The proposal for smaller lots is not consistent with the recommendations of the Comprehensive Plan. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Ordinance with Conditions for the Planned Development District and Conceptual Plan Location Map Notification List and Response Forms -z ,t Prepared by evie d by Finance ity an r Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2003-03 TO PLANNED DEVELOPMENT (PD)DISTRICT CLASSIFICATION FOR VILLAGE CENTER MIXED RESIDENTIAL AND NON-RESIDENTIAL USES; 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 for Village Center Mixed Residential and Non-Residential Uses, said property being described in Exhibit "A" , Conditions for the Planned Development described in Exhibit"B" and the Concept Plan in Exhibit"C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance;nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2003. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Legal Description ZC #2003-03 Being a 121.11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, in Collin County, Texas, and being all of that certain called 94.16 acre tract described in a deed from Wiley Enterprises, Inc., to Arapaho East, Inc., dated February 13, 2002 and recorded in Volume 05108, Page 01984 and that certain called 49.247 acre tract(Tract 1)described in a deed from the Boyd Living Trust to Arapaho East,Inc., dated August 18, 1998 and recorded in Volume 4242,Page 1505, save and except those certain called 16.48 and 5.50 acre tracts conveyed to Kansas City Southern Railway Company in October, 1998. All of the above referenced deeds being recorded in the Deed Records of Collin County, Texas, said 121.11 acres of land to be more particularly described as Tract 1 by metes and bounds as follows: BEGINNING at a fence corner post found for the southwest corner of the above referenced 94.16 acre tract and the southeast corner of the North Texas Municipal Water District tract, as recorded in Volume 3713, Page 417, of said Deed Records and being in the north boundary line of the above referenced Tract 1; THENCE, northerly with the west line of said 94.16 acre tract and the east line of said North Texas Municipal Water District tract, the following two (2) courses and distances: 1. N 01°07'02" E, a distance of 629.04 feet to a 3-1/2 inch aluminum disc engraved 4606-1 found in a United States Army Corps of Engineers (C.O.E.) monument, for a northeast corner of said North Texas Municipal Water District tract, and a southeast corner of a United States of America tract; 2. N 01°28'26" E, a distance of 609.68 feet, continuing with the west boundary line of said 94.16 acre tract and the east boundary line of said USA tract to a 3-1/2 inch aluminum disc engraved 4607-1-4 found in a C.O.E. monument; THENCE, with the north line of said 94.16 acre tract and the south boundary line of the United States of America tract, as described in Volume 714, Page 841, of said Deed Records the following fifteen (15) courses and distances: 1. N 45°12'09" E, 63 9.5 3 feet to a 3-1/2 inch aluminum disc engraved 4607-1-3 found in a C.O.E. monument; 2. N 88°58'00" E, 856.19 feet to a 3-1/2 inch aluminum disc engraved 4607-1-5 found in a C.O.E. monument; 3. S 01°03'3 7" E, 162.66 feet to a 3-1/2 inch aluminum disc engraved 4607-1-2 found in a C.O.E. monument; 4. S 00°15'16" E, 849.70 feet to a 3-1/2 inch aluminum disc engraved 4607-1-1 found in a C.O.E. monument; 5. S 57°21'25" E, 99.76 feet to a 3-1/2 inch aluminum disc engraved 4608-1 found in a C.O.E. monument; 6. S 58°36'24" E, 288.68 feet to a 3-1/2 inch aluminum disc engraved 4607-2-4 found in a C.O.E. monument; 7. N 46°25'09" E, 410.01 feet to a 1/2 inch rebar with red plastic cap stamped"Griffith 4846" found; 8. N 46°39'46" E, 500.05 feet to a 3-1/2 inch aluminum disc engraved 4607-2 found in a C.O.E. monument; 9. N 04°12'14" E, 294.07 feet to a 3-1/2 inch aluminum disc engraved 4607-2-2A found in a C.O.E. monument; 10. N 04°08'22" E, 396.55 feet to a 3-1/2 inch aluminum disc engraved 4607-2-2 found in a C.O.E. monument; 11. N 23°21'36" E, 393.22 feet to a 3-1/2 inch aluminum disc engraved 4607-2-1A found in a C.O.E. monument, from said point a 60d nail found bears S67°21'55" W, 119.69 feet; 12. N 24°04'3 4"E, 15 5.3 0 feet to a 3-1/2 inch aluminum disc found in a C.O.E. monument, said point and the markings thereon were disturbed, and being at the beginning of a curve to the right,having a radius of 400.95 feet; 13. 497.38 feet along the arc of said curve,through a central angle of 71°04'34"and a chord bearing and a chord distance of N 57°38'03"E, 466.10 feet to a 1/2 inch rebar with red plastic cap stamped"Griffith 4846" found in the south right-of-way line of Skyview Drive; 14. N 87°43'36"E, 118.88 feet to a 1/2 inch rebar with red plastic cap stamped"Griffith 4846"found, and; 15. S 88°46'00"E, 963.39 feet to a fence post found for the northeast corner of said 94.16 acre tract and being the northwest corner of the Lavon Ranchettes Subdivision, as described in Cabinet "A", Slide 148 of the Plat Records of said County; THENCE, S 01°46'13"W, a distance of 642.64 feet with the east boundary line of said 94.16 acre tract and the west boundary line of said Lavon Ranchettes to a 3-1/2 inch aluminum disc engraved 4607-3-9 found in a C.O.E. monument in the northwesterly right-of-way line of the Dallas Area Rapid Transit Property Acquisition Corporation tract, as described in Volume 3424, Page 126 of said Deed Records; THENCE, southwesterly and westerly with the southeast boundary line of said 94.16 acre tract and the northwest boundary line of said Dallas Area Rapid Transit Property Acquisition Corporation tract, the following three (3) courses and distances: 1. S 72°21'31" W, a distance of 601.82 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found at the beginning of a curve to the left, having a radius of 1959.86 feet; 2. 925.58 feet along the arc of said curve,through a central angle of 27°03'32", and a chord bearing and a chord distance of S 58°49'45" W, 917.00 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found; 3. S 45°17'59" W, a distance of 1796.71 feet to a fence post found for a southeast corner of said 94.16 acre tract and the northeast corner of the above referenced 16.48 acre KCS Railway Company tract; THENCE,N 89°01'23"W,with the south boundary line of said 94.16 acre tract and the north boundary line of said 16.48 acre tract at a distance of 642.23 feet,passing the northwest corner of said 16.48 acre tract and the northeast corner of the above referenced 5.50 acre KCS Railway Company tract and continuing a total distance of 800.45 feet to a North Texas Municipal Water District monument found for the northwest corner of said 5.50 acre tract and the northeast corner of the above referenced Tract 1; THENCE, S 51°37'25" W, a distance of 1758.40 feet with the southeast boundary line of said Tract 1 and the northwest boundary line of said 5.50 acre tract to a'/z inch iron rod found for the southeast corner of said Tract 1 and the northeast corner of the Lorene Virginia Hade-Freeman tract as recorded in Volume 2946, Page 77 of said Deed Records; THENCE, N 88°44'56" W, a distance of 609.48 feet with the south boundary line of said Tract 1 and the north boundary line of said Freeman tract to a '/2 inch iron rod set for the southwest corner of said Tract 1 and the northwest corner of said Freeman tract and being in the east right-of-way line of County Road 389 and in a curve to the right whose functions are as follows: An angle of 50°32'26", a radius of 1020.00 feet,a tangent of 481.50 feet and whose chord bears N 26°32'08" E, a distance of 870.85 feet; THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east right-of-way line of County Road 389 and said curve to the right a distance of 899.74 feet to a point at the end of said curve and the beginning of a curve to the left whose functions are as follows: An angle of 22°36'00", a radius of 1080.00 feet, a tangent of 215.81 feet and whose chord bears N 40°30'21" E, a distance of 423.24 feet; THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east right-of-way line of County Road 389 and said curve to the left a distance of 426.00 feet to a fence post found for the northwest corner of said Tract 1 and at the intersection of the south boundary line of the above mentioned NTMWD tract as recorded in Volume 3713, Page 417 with said east right-of-way line; THENCE, S 89°01'23" E, a distance of 698.05 feet with the north boundary line of said Tract 1 and the south boundary line of said NTMWD tract to the Place of Beginning and containing 121.11 acres of land or 5,275,576 square feet. Exhibit "B" Conditions for Planned Development District Zoning Case 2003-03 Wylie Lakes A Village Center Development 1) Statement of Purpose: This Planned Development is intended to achieve an efficient and balanced mix of land use on diverse properties of limited connectivity and varied configuration, located adjacent to Lake Lavon Corps of Engineers property, and the extension of Park Boulevard. 2) Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance of the City of Wylie as adopted and amended, except as specifically provided herein; 3) 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 Neighborhood Service (NS)District of the Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the provisions hereunder. The conditions contained herein and the conditions of the Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all of the zoning requirements applicable to this Planned Development. 4) Development Plans: Development plans shall be submitted and approved for each and all subsequent phases of development, and each phase shall be in conformance with the Conceptual Plan attached herewith in Exhibit `C'; however, in the event of conflict between the Concept plan(Exhibit `C') and the written conditions of this ordinance, the written conditions shall apply. 5) Specific Regulations a) Land Use i) Residential (1) Uses per SF 8.5/17 Figure 5-3 of City of Wylie Zoning Ordinance. ii) Neighborhood Service (NS) (1) Uses per Figure 5-3 for Neighborhood Service in the City of Wylie Zoning Ordinance. (a) Additional Permitted uses (without a Specific Use Permit) when buffered from proposed residential as noted in"Visual Screening" requirements below: (i) Financial Institution with or without Drive-Thru (ii) Motor Vehicle Fueling Station— 1 maximum (iii)Drive-in or Drive-thru Restaurant (iv)Automobile Repair—Minor— 1 maximum (v) General Merchandise or Food Store 10,000 s.f or less b) Residential Development Standards i) The following shall substitute for point requirements in Figure 3-14 A, B, and C. Figure 3-14 D (Architectural Standards) shall apply per Village Residential District 8.5/17 of the City of Wylie Zoning Ordinance (1) Land Design Requirements (a) Connections and Pedestrian Linkage of Open Space and Parks (i) For 4.0/10 and 7.2/15 areas, streets shall be provided alongside a portion of Open Space/Parks to provide connection of open space to residential development. (ii) An 8 feet wide concrete trail shall be built from the 7.2/15 area southwest of the proposed Park Boulevard intersection to a proposed public City Park northeast of Park Boulevard. As allowed by site constrictions and topography, this trail shall be serpentine. The trail shall be located within right of way or within a sidewalk easement when crossing privately owned property. (b) Entry Medians (Divided or Boulevard Entry) (i) Park Boulevard— one intersection with north and south segments to be: 1. A minimum of 150 feet deep by 70 feet wide right of way with 10 feet wide landscaped median (ii) Skyview 1. A minimum of 2 entries shall be a minimum of 120 feet deep by 60 feet wide right of way with 10 feet wide landscaped median (iii)Remaining entries are not required to contain medians. (c) Sidewalk Location and Sizes: (i) 5 feet wide sidewalks shall be built within the right of way or easements along all residential lots and along Park Boulevard per City standards. (d) Yard Trees (i) Large canopy, native, broadleaf front yard trees shall be evenly spaced 30 feet on- center along the street, from 4 to 6 feet from the outside edge of the sidewalk to form a formal row. 1. Trees shall be 2 inches in diameter(measured at base) when planted. 2. Trees shall be same specie per street for lots facing each other as approved by Planning Director. 3. Required Streetlights may replace a tree in order to allow even illumination of street and sidewalk. (e) Screening of Residential Units or Neighborhood Service commercial backing to perimeter streets (i) Park Boulevard 1. 6 feet high masonry wall 2. Masonry columns 50 feet on-center. (ii) County Road 389 (Forrest Ross) 1. 6 feet high masonry wall 2. Masonry columns 50 feet on-center. (iii)Skyview Drive 1. 6 feet high masonry wall. 2. Masonry columns 50 feet on-center. c) Residential Density and Lot Requirements: i) Density and Residential Lot mix (1) Number of Residential units: (a) 352 units maximum (2) Density (based on gross acreage) (a) Shall not exceed 2.9 units per acre overall. (3) Distribution of the Single Family Dwelling Unit types (as specified in the following text: 4.0/10, 7.2/15, 10/19) shall be distributed as shown on the Concept Plan Exhibit 'C. (4) Lot mix for Single Family shall not exceed: (a) 4.0/10 Patio Homes or Single Family Attached (i) 50 units (b) 7.2/15 Single Family Detached (i) 210 units (c) 10/19 Single Family Detached (i) No maximum, but the total number of lots shall not exceed the maximum number of units allowed in this Planned Development. ii) Lot Sizes (1) 4.0/10 (a) Lot size (i) Minimum lot size: 4,000 sq. ft. (ii) Minimum lot width at front building line: 40 ft. (b) Yard Requirements (i) Front Building line: 15 ft. (ii) Side yard setback along right of way: 10 ft. (iii)Side yard setback interior to block: 0 ft. (iv)Rear yard setback: 15 ft. (c) Dwelling Requirements (i) Minimum Square footage: 1,000 sq. ft. (2) 7.2/15 (a) Lot size (i) Minimum lot size: 7,200 sq. ft. (ii) Minimum lot width at front building line: 60 ft. (iii)Minimum lot depth for double front lots: 120 ft. (b) Yard Requirements (i) Front Building line: 15 ft. (ii) Side yard setback along right of way: 10 ft. (iii)Side yard setback interior to block: 6 ft. (iv)Rear yard setback for double front lots: 25 ft. (c) Dwelling Requirements (i) Minimum Square footage: 1,500 sq. ft. (3) 10/19 (a) Lot size (i) Minimum lot size: 10,000 sq. ft. (ii) Minimum lot width at front building line: 70 ft. (iii)Minimum lot depth for double front lots: 120 ft. (b) Yard Requirements (i) Front Building line: 20 ft. (ii) Side yard setback along right of way: 20 ft. (iii)Side yard setback interior to block: 10 ft. (iv)Rear yard setback for double front lots: 30 ft. (c) Dwelling Requirements (i) Minimum Square footage: 1,900 sq. ft. d) Nonresidential Development Standards i) The following shall substitute for point requirements in Figure 4-6. Figures 4-7 and 4-8 shall apply per Section 4.4 (Non-Residential Design Standards) of the City of Wylie Zoning Ordinance. (1) Land Design Requirements (a) Buildings Placement (i) A minimum of 50% of Buildings shall face Park Boulevard and be located within 10 feet of the building Line along Park Boulevard (ii) Buildings within a Block and/or Lot containing Motor Vehicle Fueling Station are not required to be located at Park Boulevard Building Line (as described above in 2.a.1.a). (b) Parking Placement (i) Except as allowed below, parking shall not be located between buildings and Park Boulevard. (ii) Parking within Block and/or Lot containing Motor Vehicle Fueling Station may be allowed parking between Park Boulevard and buildings (c) Access Drives (Private—not including restricted Fire lane only drives) (i) Park Boulevard 1. Two maximum on north side 2. Two maximum on south side (ii) Public Road Intersecting Park Boulevard 1. Two maximum (iii)Public Roads fronting Residential and Commercial 1. Two maximum (d) Location of Service and Loading Areas (i) Screened from public streets and adjacent residential uses with masonry wall. (2) Visual Screening from proposed residential (for uses ii,1,a, i—v above) (a) If a Motor Vehicle Fueling Station is built, the fuel pump canopy shall be placed along Park Boulevard with Building placed between canopy and residential areas to screen canopy lights from the residential area. (b) Screening: (i) 6 feet high masonry wall with columns 50 feet on-center maximum (c) Or the following: (i) 1 large canopy tree every 30 linear feet (ii) 2 under-story trees between each large canopy trees (iii)Headlights from vehicular movements and parking shall be screened with shrubs, a 3 feet high masonry wall, or 3 feet high berms with 3:1 maximum side slopes. ii) Special Paving (1) Crosswalk on Park Boulevard shall be decorative concrete pavers, brick or stone paving in lieu of white reflective paint striping with approval of City. iii) Sidewalks: (1) An 8 feet wide concrete trail shall be built from the 7.2/15 area southwest of the proposed Park Boulevard Intersection to the proposed public park land northeast of Park Boulevard. (a) This trail shall serpentine and may be located within right of way, sidewalk easement, and/or proposed City park land. (b) Lights shall be installed along trail with type and spacing approval of City. (2) 5 feet wide sidewalks shall be built within the right of way or easements along all residential lots and along Park Boulevard per City standards. e) Nonresidential Density and Lot Requirements: i) NS per City of Wylie Zoning Ordinance for Neighborhood Services f) Alleys i) Shall be required for all lots except: (1) 7.2/15: (a) Double fronting (b) Lots with driveways served by a cul-de-sac (2) 10/19 (3) Non-residential g) Signage: i) Park Boulevard—2 signs maximum (1) 1 -Monument sign for Neighborhood Service and Residential (a) May be located in median if: (i) Approved for design, placement, and maintenance agreements by City Staff. (b) Area and size: (i) Area: 80 sq. ft. maximum (ii) Width: 10 feet maximum (iii)Height: 20 feet maximum (c) Sign shall identify development as a whole and shall not contain signage specific to clients within commercial nor residential areas. (2) 1 -Motor Vehicle Fueling Station may install one monument sign for display of fuel prices (a) Area and size: (i) Area: 60 sq. ft. maximum (ii) Height: 10 feet maximum (3) Signs specific to clients are allowed on buildings ii) County Road 389 (Forrest Ross) (1) If signs are built, they shall be integrated into masonry walls at entries. iii) Skyview Drive (1) If signs are built, they shall be integrated into masonry walls at entries. EX.SINGLE-FAMILY DEVELOPMENT . SKYVIEW DRIVE E MANUFACTURED HOME / AND COMMERICAL ESTATE DEVELOPMENT\ LOT 20 LAVON RANCNETTES 0 /_Al' �: USE: Cab SIAM IMI SCALE 1'.200' LAID:LAVON 10/19 RESIDENTIAL ,050 zoo U.S A. Vol.),A.P0.241 ° SIZE: 36.5 acres SKYVIEW DRIVE_--- U.S A. PARKLAND view FISHING POND U S.A. PARKLAND Vd TIA,Py.SA, USES: NEIGHBORHOOD SERVICE I view 7.2/15 RESIDENTIAL 4.0/10 RESIDENTIAL \ PUBLIC PARK SIZE: 55.5 Acres . Wylie Lake ff s 9/ CONCEPT PLAN WORTH ATTEER DISTRICT CT MUNICIPAL !Q� ` yol.,,,,,PQ.1,TRACT] ,� ., '�-°'� a� EXHIBIT'C' ce ./ A NORTN TEAS MU' I' W ER I)® 4/ DISTRICT ESMT. , vol 080 Pq AM ORCCo azlh. a / K.i 'Y f i t. l�$R / A F tiL `-' •' .-.: 1 14.7.44.i .$•seil ""`—*--si......\,,...,i 1EHBORHOOD SERVICE "'""' ' fl 7.2/15 RESIDENTIAL �� SIZE: 29.0 Acres ~ WyjieNlr,ekes .,_,. 7 11/1 Pia. -.... te -i..-='•• • .2z. put VI,-- -.4.1-"•I' #4,44,-Ateihimou •. Ilia aims 00#ii:A1-1.1,221,11111 Jr•A arar.1111'wiliMiii _, Coun Rood 384,.... Z.----- .4,74.AP-•`.i.):5?.V.1.0,,,t'-.: -• '‘--.1:*'n,. ..,z-s4.:•'.:,4,7i...; ( 4,.,-3.!1? -,-,-,. .,,,,:-...;.,„,.,..i... --,-,-,,,-:.' ' i ''.::,.,...--..•,..' ' Tz. ',14,, ,.,...: -,-.'-•- '..'' _'s,A,-;.:,,,-,. ,•,4,.4,:i..r. w*:, 4-:,,-,-.-y,.,.,; ;-','.,-•-•i.?,;-',,,-,,''.'(•.,,=: ,•,-...,-. .:al,',,,,,,..,..:‘,.',..-..;.-4 ::4-,, ,:-.--...:.: ,:,'..4.=:,-... ,..:-.),:6,,vz. :52:':•'. ':-, _-,:,.;::,*,.,,,:;.,--..--,z,,,.:•,:•,,, .. 4.. ..'w.,..:•.:-.;,:,.,, ,:,,e4:14T4:1,.. .•i•:=Of',13.,:*-4*.:,k4•7 ",,,,,•-,.-.7. ----- ,-,''''',-,'''.:..'t,t,','.,,•.,,,,t,:...,-34evg,w1"--- _.---- • . ,,,,,,,,.,e P.',.:',•,-=-'1;'::''.,f.'-'• ----- „,',4%,;JilY;ti; *`' ...,,,•,-- 7t5i,, -.7.t-r. ..-.------ 0117,11,,,,i,,,..-i„v --•-- .A. •z / W" ../....'. ..,.....-.'...,... ... ...-- ' %.0 ',...., a ' • ' ;,;:• " %>,41 r.A e o "'Al • . , , . . , • _ . -...,, / ....-- • ,---- 1 _•',..-•:;•70:riTiir,;''':'4W,''.- ,A•;t1,. .:3;_;,,, ,,,,_. i,P' /C ....----___..------ ---- ------- :r •:..,,,,,,.""Yi',4 -'4.-%?..5Wi?..c: -::-;'n,-ft,,.,4<:;3'// -- - _--- .------- 4 ----- I 1- 1 -:',' '6, r-A"-'1*;VIAV-t•.ti".1-i i,',.''.' :',=..:f.cl.':''..-/ / ....--- ,... ..- -- i-------- .-- _.--- .-- v1-1—(-- ------- 3 .A7rif, ..7.,,;: vs.t..:;;;,;;;,,: .;440^..Ar..7. :',:4.Zz,;;;;".,..f .-' -------- 14,.'VO.'i * ,-'"•.••,'• 4.","'+:(.1?"4. 4t`', / ..---- ----- .*•110...,". •ny .... __.- ',It._ tP ,;.,, •.:,,A,,tap - ,.•,,, —Z441.- ).'.... -- _,------ //' •'''f --.' •-ois:;-.',.., ''-' P'5,•:c:04, ;,,,,----,•!;,- ./ ,/r-Z2.-- I .---- __---- do .t7• -,-.2.• ' • .-',.-4'1'.7,;.*.r- / ..-' .„ ., I - .r,Fili:.., ..;ii;, ..';.,":,-• .'",-,P"?! i '' ......, --Rbilf6.9.-d--.----- 1'*1-';';‘,;tf :t:::':7',': /.' W F t-,,-.2,,,OAtiN-x.t-' ,-: ',/ .if.1.;•-p1-:.4-.,, ,,- ,,,,-,4•--,-=- • --1-,51-560_•---- -1,./ -,- ....._ _ --_ --__-- -__•-• ; _ _______ ___ .••■••••• , - ------ .„--- -.-..-- ...-- ' • , I I , „.....- 0 -,- .4 1 i ' ....., i—,— cr -J 1 c ii ! 'c a 1 ,_.-------f-----Ie: 1 State Hishwa No. /8 i i r--.7 1 I 11-1 i i , ----- \ 111111111110, \ .=-„,..... Ai.. l • 11 1 - Hillman •ti / w— • , r- -1 _-_-, iwiliiii ,til i (rli'f7u, / —1---I-------- r - mill Hi _*iii: II 1 ; 1111 ; i A will - II IIii II \\\ -. _, liwili 1) r iiiillIl 111111111 I 1011i 11111111UI 1 ilif; ; ; ; ; ; Ii ._-:. - _ - .... I II 1TIUIT I I I I 1 .41111ThiliMMIMIHM:§il1 1 I IF f In , 1 _ I 1 III 4.4.III .i i I i li il 11 il illiii_rill ; ii ii ;I iThr. 1 in 11111-7,11 ; ; ; r----- r ! i _ I r- Now ima i - u t-----1 I i , , 1 ' , , , I , 1 --...... I I.--J LOCATION MAP ZONING CASE #2003-03 ,--1--; --- / 1... (3 ---. i ! i L ! ...„ .„ ..... . ...... ,- •, 1 , 0 i ! -.. ' I ! -- - ,- iI ...---- .---- •4,-Y'. -'., --- --i56-°--- 0---)-1.?.--c-•a1--6-0•-&1---Y--.-6---S---Aa1 0 -I11. ----- --(,-..-'=-,?„...,,,.,.,.-,`:..,..:!-.'-,.,.0::'.•s.,:1;..:,c.-..''O.,:-',4.•','i,,-^,.-.-nvf,:„,..I,;'•.:e;•',54,K:.-,.-:..-:,,-7.e,,f,..,.,:6,,,,„-:,;,-,.."%,,'i,w,.,.',w,...t,'',',..':.1',,.,-,,,,:'1.,,',,:,i.-.,,-;/':•:•,i'..:-,‘'..:-.,.._,'•,,?•')..-..--:.•?,*'..:...7'...•. „-4 ____ - . „ - - ,. 111 1-^13Jgi4"9- p , LS i I - i - . ' •'- '> -.:Ri:.:-''irt.-,-, .;*..4"-ftiVi• ::‘" ;•• '" -1-1 .. ! ••-• .,... j/e ,.. .,..,,i,,.,w-ttpi1 : f. 51,F}:e..3:11.1.*:,if.‘11M,,,,;„, •• Z'&Owl -"" !.' / ..,,''',67,.77X-7!Nr'4•=1:'47:PM,..7C,F.V!.1, ':_ de,., ..... ip• .,-... ... - .-- _ ... - ',P.,1,1.1,4,,oras,41,,i,,„..;,r4...,4..1,,,,4,.. ,,----- -- - i ,,Pk•'.'.';.'4,0iiti-Vv---'04m.03,4-pti. b -)i- ar4,41 ........_,_____________„„ • iii.v.;. ..r.,..:4.6.1:+voiutav„tv.,,, „,. ,:. 12 -U- 1,,,- . .,....... .....„--- .....- c:..i::::::14.-itit:!-- '11*.:"'11;d1"` . ,,..,...,tc .. . 14..,,,A. ..4. +.1. r • ,• -4.•''''''t.:.• J .. Pi:". '' — -1 / WAVIN _- ___--- .',Sgt.:je.:411t,NK.-41•th„?..:,,. ,, ••T%, L $° I' ,....." •'1.i.0 -...;. ,4s0,-.P.,:.‘,4,,i1 wis-•,.. ,',..*---4: .6,4 , •. ,.,:iw. , ....40.,,,,i. ir•• S PVT T-:- '-- i_GZ k1 , . :'.1...:'''''''''',• 4..• . *. , ,.. i -' • 83''' ,4, tr.. . 47 ,.• -4, / , •i' V •'• . tl -1-1 •''•tirety-Aft„'--,,'••,...5i,..4.V:„,,.4.1.v' 17 .., i .„---- I-N "•&:.11e.:41t*P',,.,,i.,;14- , 'IP,;i:'-1-:1'-5-,0-- 14e44gH6.›t'.cX'iti444-4')V44mit? A4.e,4011: <"T444 - JO 'Do TIEMr 4 , . _ . . 1 -.4_1e , "St4 ./TV.W217,W10`}qi";„,3, ,te-.•,43i,/.t?„, ' )- 5?9 - vi,,,,t . ...,.. ,,-,•-,.- -r- ---1 ' .4), 4 i',..`.1.;: h3'44`if-!..,;-4'..t.01,;14.11,4"...F4 1 As . •12{1&4,,, ii .5.,..P t.,..-Ae.,...4,-.R.....T-.....-4.,..)typs-N. • or,,,,,,,,, e- . , ... . .. „. " S '771 I .,111.1M-P,S,141PAP ...i•V opf-.1 - - • sitio /119 11.Ph* .111 Pa --.L Gil All.. JO 1111.0tri,m41 M glib iff • . IMIP-7.17.1 MI ittr." writ,* NOTIFICATION REPORT APPLICANT: Allen R. Bussell Greg Edwards Engineering S. APPLICATION FILE #2003-03 1621 Amanda Ct Ponder, Texas 76259 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Allen R. Bussell 621 Amanda Ct 1 Greg Edwards Eng. Services, Inc. Ponder, Texas 76259 PO Box 2408 2 Abst 688-01 Tract 74 R-6688-001-0740-1 North Texas Municipal Water District Wylie,Texas 75098 (Corps of Engineers) 3375 Skyview Drive 3 Abst 688-01 Tract 4 R-6688-001-0040-1 USA -- Wylie,Texas 75098 5949 Sherry Lane,Suite 1225 4 Abst 600-02 Tract 72 R-6688-002-0720-1 Arapaho East, Inc. Dallas,Texas 75225-8067 427 W. 12th Street 5 688-02 84 R-6688-002-0840-1 Kansas City Southern Railway Co Kansas City, MO 64105-1403 427 W. 12th Street 6 688-02 197 R-6688-002-1970-1 Kansas City Southern Railway Co Kansas City, MO 64105-1403 PO Box 2408 7 688-02 29 R-6688-002-0290-1 North Texas Municipal Water District Wylie,Texas 75098 PO Box 276 8 688-02 86 R-6688-002-0860-1 Wylie Simtrott, Inc. Wylie,Texas 75098 427 W. 12th Street 9 688-02 207 R-6688-002-2070-1 Kansas City Southern Railway Co Kansas City, MO 64105-1403 1614 Woodmeadow Ct. 10 688-02 71 R-6688-002-0710-1 Watkins &Whitehead Partnership Wylie,Texas 75098 427 W. 12th Street 11 688-03 207 R-6688-003-2070-1 Rice-Carden Corp Kansas City, MO 64105-1403 5949 Sherry Lane, Suite 1225 12 688-03 31 R-6688-003-0310-1 Arapaho East, Inc. Dallas,Texas 75225-8067 13 14 15 16 17 18 WYLIE CITY COUNCIL AGENDA ITEM NO. 3 June 10, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Downtown Historic District(DTH) to Planned Development(PD)District for Mixed Uses including Indoor Commercial Amusements,located at 110 E. Oak Street, being Lot 7A, Block 18 of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-04) Background The applicant is requesting a Planned Development District (PD) in order to install and operate an Indoor Commercial Amusement(game room)within a building currently being used for retail sales, mail boxes and snack shop. The parcel is 0.055 acres(or 2,395 square feet)and is totally covered by the building,with the only available parking on the public street. Plans are to utilize the eastern portion of the building as an entertainment center for video games and billiards. The subject property was originally created as part of the Railroad Addition, one of the oldest subdivisions in Wylie. Lots within the vicinity have been variously divided and developed over time to the current broadly mixed configurations and uses, a number of which do not conform to the current development codes. The subject building has apparently been in continuous use and not lost its vested rights as a Legally Nonconforming Structure. Therefore,the existing building may continue to be used for any currently allowed uses without being renovated to current development codes. The property was rezoned from Business 2(B-2)District to Downtown Historic(DTH)District in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and Map. The DTH District allows a broad mixture of compatible uses and provides special development and design standards that preserve the historic and architectural character of the central area. On-street public parking spaces may count for 25 percent of the required parking for nonresidential uses. The current Zoning Ordinance does not permit Indoor Commercial Amusements within the Downtown Historic District, although such uses were allowed by right within the previous Business-2 District. The Planned Development District is being requested to allow the proposed game activities in association with the existing restaurant and retail uses which are permitted by right. The PD is intended to impose special conditions required to make the game activities compatible with neighboring uses within the immediate vicinity. Failure at any time to comply fully with the approved Conditions of the PD will result in the cancellation of the Certificate of Occupancy. Properties abutting to the north and west as well as those across Oak Street to the south are zoned Downtown Historic District and are developed in older structures and occupied with a variety of commercial uses. Properties to the east across the alley are zoned Community Retail(CR)and is developed for the newly expanded First Baptist Church and associated parking. Public Comment Forms were mailed to thirty-five(35)property owners within 200 feet of this request. Nine (9) Comment Forms have been returned at the time of posting, all opposing the requested change in zoning. Because more than twenty percent of the land area within the notification area have submitted written objections to the request, a favorable vote of three-fourths of the City Council is required to approve the Planned Development District (Section 8.6.F.5 of the Zoning Ordinance). Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Mixed Uses for the subject property, in keeping with the historic diversity of the old central area. Mixed uses are defined as an appropriate combination of commercial, institutional and high-density residential uses. The proposed rezoning for commercial recreational uses conforms with this recommendation of the Plan. 2. Planned Development(PD)Districts are intended to allow innovative development projects which assist in the implementation of the Comprehensive Plan and are compatible with the character of the subject property and neighboring development. As platted and developed,the subject tract presents constraints (accessibility and existing structure) to its efficient utilization, while its location within the Downtown location allows broadened opportunities (mixed uses and shared parking). No minimum acreage is required for nonresidential PDs. Therefore, a Planned Development District is considered appropriate to achieve both the desired goals of the applicant and of the Comprehensive Plan. 3. The proposed video game machines are regulated by the State and the applicant must maintain appropriate certifications at all times. The Conditions of the Planned Development District limits the number of such game machines to 10 and requires that all prizes and awards be products or coupons redeemable on the premise (eliminating games which are defined by the State as gambling). The PD establishes no age limits for operation of the games. 4. The PD Conditions provide that no parking other than that available on-street be required. The subject property was developed with no available parking other than the public spaces within the street, apparently legal at the time for the Downtown area. The current Zoning Ordinance intends that no more than 25 percent of required parking be accommodated by on-street spaces (Section6.3.E.4.c.), and encourages off-site parking within 1,000 feet of the site. But, revisions in City codes cannot render a property unusable. However, because they normally need to accommodate longer stays and lower parking turn-over, Commercial Amusements such as the proposed game room are required additional parking(one space for every 100 square feet of building plus one for every employee). Restaurants, such as the sandwich shop currently occupying the building, also requires additional parking to accommodate longer stays (one space for every three seats under maximum seating arrangement). Retail uses, such as the current gift sales,requires one space for every 200 square feet of building. While these new parking requirements for retail sales and restaurant cannot restrict utilization of the building for these uses legally permitted under both the previous Business-2 and current zoning,the proposed game activities are not currently permitted by the Zoning Ordinance and not protected. The applicants have been encouraged to obtain shared parking rights on other properties, but have not yet documented such arrangements. Within the immediate two-block Ballard Avenue section of the Downtown Historic District, several properties are developed with uses similar to those proposed by this PD and accessible only from on- street public parking. These include five restaurants and three retail establishments which also serve food. A game room which served snacks recently closed. When these establishments were initially constructed, the Zoning Ordinance in affect made no specific reference for on-street parking to count as required for properties within the central area as the new Ordinance does for the Downtown Historic District and cannot be determined why such construction was permitted without on-site parking. Therefore, these businesses with no on-site parking are all now considered to be Legally-Nonconforming and may continue to operate only until abandoned or destroyed. Once these uses are discontinued for any reason, their vested right to the uses and parking patterns are lost. New construction within this area has recently been required to provide at least some parking on-site. Board/Commission Recommendation At the May 20, 2003 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend denial of the proposed zoning change. The Commission discussed approval with a stipulation to limit the number of games restricted to adults-only play,but failed to reach an acceptable number also agreeable to the applicant and voted to recommend denial. Due to the recommendation of denial by the Planning and Zoning Commission, approval by the City Council will require a three-fourths (3/4) affirmative vote by the Council. Staff Recommendation Denial. While most of the Conditions of the Planned Development District are sufficient to assure compatibility of the proposed amusement, the PD would allow two parking-intensive uses(restaurant and amusement) on a lot with no on-site parking and no documented arrangement for off-premises parking. Although either one of these uses alone is consistent with similar uses within the area and may be appropriate without additional parking, the proposed increase in parking-intensive uses will have negative impact on the limited on-street parking. On the other hand, on-site parking cannot be provided for any use on the subject property without redevelopment, and to impose the revision of the code on existing development could be considered to render the property useless without compensation. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Ordinance with Conditions for the Planned Development District Location Map Notification List, Map, and Responses Prepared by Revi ed by Financ City Man er Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2003-04 TO PLANNED DEVELOPMENT (PD)DISTRICT CLASSIFICATION FOR MIXED USES INCLUDING INDOOR COMMERCIAL AMUSEMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification for Mixed Uses including Indoor Commercial Amusements, said property being described in Exhibit "A", and Conditions for the Planned Development described in Exhibit"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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of June, 2003. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Legal Description ZC #2003-04 SITUATED in the State of Texas and County of Collin, and being 110 East Oak Street, also being all of Lot 7A of Block 18 of the Railroad Addition, generally located north of Oak Street, east of Ballard Avenue and west of the First Baptist Church. Exhibit "B" Conditions for Planned Development District Zoning Case 2003-04 110 East Oak Street General Conditions: 1. The purpose of this Planned Development District is to allow for indoor commercial amusement associated with other retail uses and subject to conditions to make it harmonious and adaptable with the surrounding area. 2. This Planned Development District shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Downtown Historic District(DTH) of the Comprehensive Zoning Ordinance (adopted as of February 27, 2002) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. The following uses shall be permitted: • General Merchandise/Food Store • Coffee Shop • Bakery • Indoor Commercial Amusement • General Office • Personal/Business Services • Private Meeting Room • Mail Boxes • Shipping & Receiving 2. This Planned Development District shall apply only to Lot 7A, Block 18 of the Railroad Addition, and shall not be transferred in any way. The applicant and operation shall remain in compliance with all applicable local, State and Federal laws at all times, and failure to do so may be considered a violation of the terms of this PD and grounds for revocation of the PD. 3. No more than 10 game machines(such as pac-man, egg-drop, ring toss, fruit bonus, winners touch) and table pool(billiards)shall be allowed, excluding machines such as a pay telephone, an automated teller machine, and vending machines for food, drinks and other such service products. 4. All prizes, awards and gifts from games and promotional activities shall be provided in the form of products or coupons/certificates redeemable only on the premises. There shall be absolutely no monetary exchange for prizes. 5. The games may be open for play Monday through Saturday, 7:30 a.m. to 10:00 p.m. and 12:00 p.m. until 10:00 p.m. on Sunday. 6. Front windows shall allow at least 75 percent through vision at all times, and vision to the game area shall not be obstructed by paint, tinted solar film, shades, game machines, displays or other obstructions. 7. No off-street parking will be requires. Parking shall be the public on-street spaces in compliance with Section 6.3.E.4.c.(5) of the Zoning Ordinance. No on-street parking spaces shall be reserved or restricted only to this property or use at any time. . , , - 1 1 1 .1 - satThi Lane 111111111 / .. ' / i lane n I .• IIIII1J f III i l __ Subject i f Property reet i ..,.. ,1 -----• z .. 7 Kil . 0 ,_.._, n i I i i c • . ••,.\ Wes rown St re t Iii-17. — II 1- - ______ i - > -< 1 __!--__ Je erson Stree ast brown Street-1.111.11.1..1117, ._,... i______.., -0 11111111410 -0 ----- L_ IV - er-011 .1—1 I 1 \ iiii 1 • 1 I I _______ =_62 Ca t.. rii a) cn .., ,.,../., ., ,•'. -7 , ,• A Marble i i ! Street i• i...• . Marble ,..: 1 1 \ fee ri LI , , _ ___ . Street I . .,.. , i I 1[1: . --11) i Zi Cr] 7— . -I, ar e I . z c — 0 _ .__ . =_.-_-_-: i..7_ , . . .. . > ._, 1 ./- 1 ) I 11 _ . _ __ : .... I 1 I 1 Oak Street Oak Street (I) 0 / a)t re et —./// c ,' iv N, 1- ----7-1- o III a) ?...) pi _ i I i i _. I-H .1---- . , '. A [._T::_il ,_ „ _ _____ 8 , ,,. i1 . , -- , I 1 3 Aifill a,) ; 1 ; il il ., 1 -i-- _. ,_ --_,_ ---./ ,_ , „, i. I, , I,. Street .7_ 4— .2.0 (+A Masters Avenue •- H I I 1 1 1rJT r _1_ i_ I .- Ad '2'2) ' '1 r ,1 - I 1 .5. ., _ re .,----I 8 ..• -,-, . • • / LT= II . --- .----- _ (-7/ . --/ ..," N ...,.. \>.• MI -- 1 • • I ' \./.. Callowa Street P- --- ------ al woodhollow ., .....,,..,.. ., ..--,k-_J,-••x-'\1 6..,'....:.0v.•.,,----•..s....-•••' .)/• . ,•./•/ .• \ \.' -- _ (>1) -_._. __ 6 _ _L. _ -/ _ o e e Street - _ , ,.., . L l7ai;)) IMI' u0. •_ ., 0 -- _ .____ __ _ .. _0 .8 ___ ..,I . .,.- ;I El :0 _LAI .,:.:....= _._____ . u) .,.. _____,:. C.> — — -- .,' -\ i iliTil I tzens v o 4_11 •--1_ _ _I Pc-SW- :------ S -e — \ i ___H _ 1/4, ., . "\1 '---_______ .111 \ .---- ___ •._._ MI i \_, i \ •IIIII ___ ---i i i _____ !- - ' ,-k III AIN IIIIIIIIII LOCATION MAP ZONING CASE #2003-04 NOTIFICATION REPORT APPLICANT: Norine Swanson of Purple Rain APPLICATION FILE #2003-04 110 E. Oak Street Wylie,Texas 75098 # BLK/ABST I LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS Applicant- Norine Swanson 110 E. Oak Street 1 Purple Rain Wylie,Texas 75098 100 N. First Street Railroad Addn 2 Blk 18 Lot 3A R-1 169-018-0020-1 First Baptist Church 75098 100 Wylie,Texairst s Street Railroad Addn 75098 3 Blk 18 3B R-1 169-018-003E-1 First Baptist Church 100 Wylie,Texasirs Streett Railroad Addn Texas 75098 4 Blk 18 4 R-1 169-018-0038-1 First Baptist Church Wylie, 100 N. First Street Railroad Addn 5 Blk 18 5 R-1 169-018-0050-1 First Baptist Church8 100 Wylie,Texas First Street 7509 509 Railroad Addn 6 Blk 18 6 R-1 169-018-0050-1 First Baptist Church Wylie,Texas 75098 PO Box 516 Railroad Addn ie,Texas 75098 7 Blk 18 7A R-1 169-018-007A-1 Ladylike Shop Inc. �PO Box Railroad Addn Wylie,Texas 78 16 8 Blk 18 7B R-1 169-018-007A-1 Ladylike Shop Inc. 3544 Kimble 509 509e Railroad Addn Plano,Texas 75025 9 Blk 18 7C R-1 169-018-007C-1 Peter Ko 4506 E. Parker Road Railroad Addn 10 Blk 18 7D R 1 169 018 007D 1 Robert Heath Allen,Texas 75002-59524506 E. Parker Road Railroad Addn 11 Blk 18 8 R-1 169-018-007D-1 Robert Heath Allen,Texas 75002-5952 Railroad Addn 4506 E. Parker Road R-1 169-018-007D-1 Robert Heath Allen, Texas 75002-5952 12 Blk 18 9 4506 E. Parker Road Railroad Addn 13 Blk 18 10A R-1 169-018-007D-1 Robert Heath Allen,Texas 75002-5952PO Box 516 Railroad Addn 14 Blk 18 1 OB R-1 169-018-01 OB-1 Ladylike Shop Inc. Wylie,Texas 75098PO Box 516 Railroad Addn Wylie,Texas75098 15 Blk 18 10C R-1 169-018-010C-1 Ladylike Shop Inc. 4506 Parker Road Railroad Addn E. 16 Blk 18 1 1 A R-i 169-018-01 1 A-1 Robert Heath Allen,Texas 75002-5952 E. Parker Road Railroad Addn Robert Heath Allen,Texas 75002-5952 17 Blk 18 1 1 B R-1 169-018-007D-1 4506 E. Parker Road Railroad Addn Allen,Texas 75002-5952 18 Blk 18 12 R-1169-018-0120-1 Robert Heath Railroad Addn 700 Westwind Lane 19 Blk 18 13 R-1 169-018-0130-1 Gary Bowland Wylie, Texas 75098 Railroad Addn 1608 Blackburn Road 20 Blk 18 14 R-1 169-018-0140-1 Mary Parker Sachse,Texas 75048-2900 Railroad Addn 100 N. First Street 21 Blk 19 Lot 1 R-1 169-019-0010-1 First Baptist Church Wylie,Texas 75098 Railroad Addn PO Box 680 22 Blk 19 2A R-1 169-019-0020-1 Billy Conkle Wylie,Texas 75098 Railroad Addn PO Box 680 23 Blk 19 2B R-1 169-019-0020-1 Bily Conkle Wylie,Texas 75098 Railroad Addn Boyd Living Trust 103 S. Ballard Avenue 24 Blk 19 3 R-1 169-019-0030-1 c/o Jesse Boyd,Trustee Wylie,Texas 75098 Railroad Addn Boyd Living Trust 103 S. Ballard Avenue 25 Blk 19 4 R-1 169-019-0040-1 c/o Jesse Boyd,Trustee Wylie,Texas 75098 Railroad Addn Boyd Living Trust 103 S. Ballard Avenue 26 Blk 19 5 R-1 169-019-0040-1 c/o Jesse Boyd,Trustee Wylie, Texas 75098 Railroad Addn 713 Main Street 27 Blk 19 6 R-1 169-019-0060-1 Reezin Swilley Garland,Texas 75040-6324 Keller's First Addn PO Box 1002 28 Blk 1 Lot 6 R-1 166-001-0060-1 Legrant Gable Wylie,Texas 75098 Keller's First Addn 109 N. Ballard Avenue 29 Blk 1 7A R-1 166-001-007A-1 Earl Wilson Wylie,Texas 75098 Keller's First Addn PO Box 1002 30 Blk 1 7B R-1 166-001-0060-1 Legrant Gable Wylie,Texas 75098 Keller's First Addn 105 N. Ballard Avenue 31 Blk 1 8 R-1 166-001-0080-1 Velma Crane Wylie,Texas 75098 Keller's First Addn PO Box 1 132 32 Blk 1 9 R-1 166-001-0090-1 Tommy Pulliam Wylie,Texas 75098 Keller's First Addn PO Box 1 132 33 Blk 1 10 R-1 166-001-0090-1 Tommy Pulliam Wylie,Texas 75098 Keller's First Addn PO Box 516 34 Blk 4 Lot 1 B R-1 166-004-001 B-1 Ladylike Shop Inc. Wylie,Texas 75098 Keller's First Addn PO Box 516 35 Blk 4 2B R-1 166-004-001 B-1 Ladylike Shop Inc. Wylie,Texas 75098 36 1 ` 3A _ V J 4 13 SA 12 ° 6 11A c I __ 1 7:% 1 {D - _ 7A 10C 10A LLB_ 5 8 g • k'. ., 7D I /R 6 Street „_ 2A .. A 2E. 3' 19 � � ; • Z 5 ` / /_ / 68 7/ / Z 4f o03-04. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-04. ✓ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date,Location &Time of Planning&Zoning Commission meeting: Tuesday, May 20, 2003,7:00 pm Municipal Complex, 2000 Highway 78 North. Wylie,Texas Date.Location&Time of City Council meeting: Tuesday, June 10,2003,6:00 pin Municipal Complex, 2000 Highway 78 North. Wylie.Texas , .- • (.:-• Name: (please print) Address: 41 y /2,5 7 4.17/c; Signature: Date: J1Ci/C.� COMMENTS: /d_ ,/.&/4 i}i-�;v /���iz « i `Z 32?, 72-7 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-0=1. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, May 20, 2003,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location &Time of City' Council meeting: Tuesday, June 10, 2003,6:00 pm Municipal Complex, 2000 Highway 78 North. Wylie, Texas Name: t C -K P (please print) Address: I U IJ /V SALLA ,,b, G/z [Vtl r 7S0W�� Signature: Date: - _ 1I o COMMENTS: l PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-04. XV I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date, Location&Time of Planning&Zoning Commission meeting: '• Tuesday, May 20, 2003,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location &Time of City Council meeting: Tuesday, June 10, 2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie, Texas Name: €U U I E- 0—le Me vi IS (please print) Address: l,-2 A-- Ate-A.. /� / re" / 11--(/i e. • l 1 ��D i Signature �L -C -2-c...'1 ? _ Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-04. I am AGAINST the requested zoning as explained on the attached public notice for Zoning • Case#2003-04. Date, Location&Time of Planning&Zoning Commission meeting: • Tuesday, May 20, 2003,7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date, Location &Time of City Council meeting: Tuesday, June 10,2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas . ? ] Name: •r \,,,,st. - i.. l �- — �,1 . L, -70a ,CU i (plecw 1 0) 1 print) /� I Address: c FSa1ll 1 r l `�JLlio , ug. 1 te. Signature: - 1•' ( ooc_.z- Date: . -pq G. COMMENTS: ity.t.$ 1.913(7) J)k-ISI 611 .. LS 0730 1 .---ft, C h'IS711 Cr( .1_62,�' )s e1)u id co,Lis 6)--f n'it. ':E-- sc.-1'l i r—`u6 i 4( •C e PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-04. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, May 20, 2003, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location &Time of City Council meeting: Tuesday, June 10, 2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: • sthCed ; - �S t.�cam( *ViN, e print) r Address: k b \V ,n c_kUto A �- \Kok,v7 k \`Jtc)�1 Signature: -lisa' 'e`rC Date: �J't o-63 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-0-1. 7 I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date,Location &Time of Planning&Zoning Commission meeting: Tuesday, May 20, 2003, 7:00 pm • Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location &Time of City Council meeting: Tuesday, June 10,2003,6:00 pm Municipal Complex. 2000 Highway 78 North. Wylie,Texas Name: 0 tJ L_ L. _ A G L E._.S 1 Fw S 7_f.t) (please print) Address: I D LP 0 - ►1 '-t---R 2 5-7- \A1 1 nE , i '` 756c 'K Signature: As Tim ` )-514' Date: 012-ci o 3' COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-04. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date,Location &Time of Planning&Zoning Commission meeting: Tuesday, May 20, 2003. 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location &Time of City Council meeting: Tuesday, June 10, 2003, 6:00 pm Municipal Complex. 2000 Highway 78 North, Wylie, Texas Name: �0 X /,-/e, --71 /c',/ A /� l��l,4, (please grin I Address:�—t5 ' / `ems A6Q I(2 v g%/A, • ?Lv Signature: !X )4'2 Date: —�_ COMMENTS: V.." c-"te.2:..-- 6't,,‘- sf>/-,,if/ /0:X.,--/ eA7'; ,,,c,' CA-e. .-7:e'Y 74 C L,-"C%�-7L/C>r,,,,,t - %/ .P, v� 7 t�P 4/ C� / "7i � d1 �,-�.7 /IA 5' -e _ >��P-f_-/- ,/j \/ rT:l.�i�/ �' -��P� /%!/'/)o<,l c't�/� 4 f 7 G p0(}f/ -- ft_e 1 eAjtg_ (l('/ ,, i 1>/' '/ C/ f7,,,!/ C,//./i �f /% 1inE.--/ _At v,,f',4/1/✓t- 0(. /4M/1/1(<i Qt/raC/-CC'?'l - r C'1/l Ze'M'4 Cif 09 //ej 6.11 d ._ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-04. / v I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date, Location &Time of Planning&Zoning Commission meeting: Tuesday, May 20, 2003, 7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date, Location &Time of City Council meeting: Tuesday, June 10, 2003, 6:00 pm Municipal Complex, 2000 Highway 78 North Wylie, Texas I ' if Il L ",�� l Name: L1� / le�G� Y (please print) Address: f �i �1 , Cer L' _ 2 ; U C Signature: Date: � /2P1t) COMMENTS: 1 -v1 Li.-3 t A.L,L"ter } • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-0 i. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-04. Date, Location &Time of Planning&Zoning Commission meeting: Tuesday, May 20, 2003, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location &Time of City Council meeting: Tuesday, June 10, 2003, 6:00 pm Municipal Complex, 2000 Highway 78 North. Wylie,Texas Name: tV��\� o i✓ J��`�1 L v 1=� C�v� �l� (please print) Address: \` 1�, Signature: Date: � Q4w 3 COivTMENTS: t, -kit t-'<? :(• WYLIE CITY COUNCIL AGENDA ITEM NO. 4 June 10, 2003 Issue Consider and act upon acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo, Brown& Hill Background The Comprehensive Annual Financial Report (CAFR) for the fiscal year which ended September 30, 2002, including the Independent Auditors' Report, has been completed and will be presented to the Council by the City's outside audit firm,Pattillo,Brown&Hill. The auditors will briefly discuss some of the year's highlights and will answer questions the City Council may have regarding the report. The FY 2001-2002 CAFR will be submitted to the Government Finance Officers Association for review in the Certificate of Achievement for Excellence in Financial Reporting program. The CAFR for the 2000-2001 fiscal year received this award and the award has now been received for the past thirteen consecutive years. We believe the FY 2001-2002 report continues to meet the Certificate of Achievement program standards. Financial Considerations N/A Other Considerations The City's Charter, in Article VII, Municipal Finance, Section 13: Independent Audit, requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. Staff Recommendation The staff recommends that the City Council accept the 2001-2002 Comprehensive Annual Financial Report. Attachments 2001-2002 Comprehensive Annual Financial Report j()On Prepared by Rev3t ed by Financ: ity ager Approval