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08-26-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, August 26, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL'TO ORDER INVOCA T ON<&PLEDGE OF ALLEOtAI�ICE :. 'ROCLA .ATION &P tESEN'TAk'TTONS • A Presentation by Judge Harris of Collin County Projects and Activities. CI'TT�E�iS PAi��1OTFATION :,:.:.. CONS NT AGL:::.:: .;:.::.;:.. . .:.:.: . :.... ; . ,»: u ac d iyd it be eaa t y . ;::.::. .;. th ... .. . �red:.to:be::routinne; ytheCityCo, .:c#:110.n:iti*l...;.::.::.:::>..;;:..;:. :,;�.:;;:..,.: ;..: A erada:are:cot#sad;.�:::::::;:.;;;:.; ;;;:: ; : .:::.: ::::...;...::...:... . . . ;: :undc�t�c:Co�nseat;<.;::�: :<;.;:.:.>:: :.:.;:...;:: A ;matters.? ed... ;:.;::: : .:: ... ...:. ::: :: .;:.::::::::.::::::;:.;;::::.:: ::::::.:;:.: Crow the Consent Agenda.and will be'�considered separ.4.e.y. . .... .......... A. Approval of the Minutes from the Regular Meeting of August 12, 2003 B. Consider and act upon authorizing the City Manager to execute and award an addendum to the Impact Fee contract to Birkhoff, Hendricks, & Conway, L.L.P., Consulting Engineers, in the amount of $12,000 for engineering services required to prepare a new Water Distribution System Model. I IVIDUAL`CC NSIDERATIO 1. Consider and act upon an ordinance to increase water utility rates sufficient to pass through the whole sale price increase from the North Texas Municipal Water District. Executive Summary The City of Wylie currently purchases water from the North Texas Municipal Water District (NTMWD) at $.87 per thousand gallons. NTMWD notified the City on July 26, 2002 that the rate would be increased to $.92 per thousand effective on October 1. 2003. Public Hearings 2. Conduct a public hearing on the proposed tax rate for fiscal year 2003-2004 and provide taxpayers an opportunity to express their views on the tax rate. At the end of the hearing,the City Council must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. Executive Summary In accordance with the"Truth in Taxation"laws of the State of Texas,on August 12,2003,the City Council took a roll call vote on the proposed tax rate and scheduled a public hearing on the tax rate for August 26,2003. The results of the record vote on the proposed tax rate and the notice of the public hearing were published. This public hearing has been advertised in compliance with the publication he Truth in ation Law.The August s to give s an y to express requirements on set forth in e. At the end of the public hearing Council 2003 3t set public ce the date,tiimeran place of the meeting at heir h viewst the tax which it will vote on the final proposed tax rate.The second public hearing and vote on the tax rate is set for September 9,2003. 3. Hold a Public Hearing to consider and act upon a change i zoningive fromough Business service, usines locatedC (BC) at ) to Planned Development (PD) District for a restaurant w 01 Century Way, Being Lot 1, Block C of the Century Business park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-09) Executive Summary The applicant is requesting rezoning to a Planned Development(PD)District in order to allow construction and operation of a restaurant with drive through services. The applicant contends that drive-through services are an integral part of the restaurant's services and its success. The subject property is currently zoned Business Center(BC)District. The purpose of the BC District is to provide for a broad mix of office,technology and light industrial and related business support uses as regional employment center. Restaurants without drive-in or drive-through service are allowed within the Business Center District,but restaurants with such drive-through service are not allowed. At the August 5,2003 Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of the proposed zoning change. Public Comment Forms were mailed to fifteen(15)property owners within 200 feet of this request. Four Comment Forms have been returned at the time of posting,two favoring and two opposing the proposed rezoning. 4. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) District for Mixed Residential and Non-residential 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 Volume 5108, Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East,Inc. recorded in Volume 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 2003-08) 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 as well as take advantage of its Lake Lavon adjacency. 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. At the August 5,2003 Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of the proposed zoning change. See Attachments 5. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Single- Family 20/21 (SF-20/21),located west of FM 544 and south of the Stoneridge Farms Addition, being a 34.306 acre portion of the tract of land as described in a deed to William L. Collins recorded in Volume 309, Page 285, Deed Records of Collin County, Texas, situated in the A. Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2003-07) Executive Summary The subject property was annexed into the City of Wylie on July 9, 2002, and was then zoned Agriculture (A)until an appropriate permanent zoning classification is established. The applicant is requesting rezoning of the 34.306 acre tract to Single-Family Residential (SF 20/21)District in order to develop a subdivision of single-family residences on one-half acre lots. Public Comment Forms were mailed to eighteen(18)property owners within 200 feet of this request. Six(6)Comment Forms have been returned at the time of posting,all opposing the request. At the August 5, 2003 Planning and Zoning Commission meeting, the Commission voted 4-1 to recommend denial of the proposed zoning change as this does not comply with the Comprehensive Plan. . ...:. .:...:..:. ....... CA t"0" ' APPROVED 3 CO..:T: I rS�S:REQUTREII� ITI. BY RIB :,,..:.; VS WEIR. SF.SSIO . • Rules and Order of Business for City Council Meetings Including Presentation of Materials at Public Hearings and for Agenda Items. o ive Session at In ito to any specifically identifiedsExecutiveSessions, Open Meetl may convene tings Act providestspec specific thaany require tha during m eting be meeting to discuss any item posted on this agenda. P 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 22nd day of August,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.wvlie.tx.us Date Notice Removed Carole Ehrlich,City Secretary The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, August 12, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Mondy called the meeting to order at 6:03 p.m. with the following council members present: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman J. C.Worley, Councilman Merrill Young,and Councilman Chris Trout,with Councilman Randal Shinn absent. The following staff members present were: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. The invocation was given by Mayor Pro Tern Hogue and Councilman Trout led the Pledge of Allegiance. ITItItIPt1tTfl� T :::; . Wendy Hall representing Colonnade Homes addressed the Council stating that she was very concerned about the directional signs to building developments being banned through the new proposed Sign Ordinance. She stated that the signs were a life line to the builders. She stated that with existing country roads it was imperative that the signs direct citizens to the subdivisions. Brenda McPherson representing Grand Homes reiterated the need for the directional signs stating that it was essential that these signs be available to the public. CO ENT #,GE 3DA ;:: d:wider::thy::�Cttnsen .;1 ggodx.. re tins tiered t be rat a ti:tie +pity 0oune�t eft r�tll be: . . . . ... .: ;:f#rsl sell.n;uf:...f 0. se item. , $000.gn;ral 0goir ;:t._a%ft i* gnact�d.,ffy;on �n�ai� .:;::Tl�+ef�:::��t;�,at�e�epar��e .:..; ,: Q;.. .:.. ... g llbe move l froixs:`the ,oinsent Agenda wind ill tie considered separa�tel A. Approval of the Minutes from the Called Meeting of July 21, 2003,the Regular Meeting of July 22, 2003, and the Work Session of July 29, 2003. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the Consent Agenda. A vote was taken and passed 6-0. Minutes—August 12,2003 Wylie City Council Page 1 1. Consider and Act Upon Accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 2003-2004. Staff Comments Finance Director Brady Snellgrove addressed the Council stating that in accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate. Therefore, the City is required to vote on the proposed tax rate and publish the results of the roll call vote on the proposed tax rate. Council Action A motion was made by Mayor Pro Tem Hogue to approve the proposed Ad Valorem Tax Rate of$0.705 and the calculation of an Effective Tax Rate for Fiscal Year 2003-2004. The motion was seconded by Councilman Chris Trout with the note that the City of Wylie was once again lowering the tax rate. A vote was taken with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Trout, Councilman Young, and Councilman Worley voting for and none against with Councilman Shinn absent. 2. Consider and Act Upon the Master Contract for Paramedic Ambulance Services between East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC- EMS") and the City of Wylie, Texas and other Southeast Collin County Coalition Members including the City of Lavon, Lucas, Murphy, Parker, Collin County, and St. Paul for the period of October 1, 2003 - September 30, 2008 and approval of the Interlocal Cooperation Agreement for Emergency Medical Services Coalition between the City of Wylie and other members of the southeast Collin County EMS Coalition and east Texas Medical Center. Staff Comments Fire Chief Shan English addressed the Council stating that the City of Wylie entered into an Interlocal Cooperative Purchasing Agreement for Ambulance Services with the cities of Sachse, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract originated in 1998 and has suited the Coalition with minor amendments throughout the past five years. On October 1, 2003, the City of Sachse will begin operating their own ambulance service and terminating their agreement with the Coalition. The Coalition is also adding Collin County. The Southeast Collin County E.M.S. Coalition has voted to approve these contracts and city appointed representatives will be taking the contract back to each of the member's cities for approval during the month of August. Council Discussion Councilman Trout asked what the current subsidy was for the City of Wylie. Chief English stated that the current subsidy was $38,000.00 for 2003. Mayor Mondy asked if the increase was due to the withdrawal of Sachse. Chief English stated that the increase this year was due to the CPA and a minor adjustment to the contract for the five year period. Chief English stated that because of an increase in collections and growth and the addition of Collin County there was no anticipated increases expected other than the usual adjustments over the next five years. Minutes—August 12,2003 Wylie City Council Page 2 Councilman Trout asked what the per capita rate was and how the per capita had increased over the past year and how that had affected the City's rates. Chief English stated that the City used the current COG figures and he would be happy to send the spread sheet showing those figures along with the backup ambulance cost. He also stated that the level of service would increase, especially with heart attack victims. Councilwoman Allen asked how much the current cost was, to the City, to maintain an ambulance with upkeep and manpower. Chief English stated that the City has budgeted for $146,000.00 to run the two backup ambulances with $90,000.00 of that being the City's subsidy. Councilwoman Allen asked about the service for Medicaid patients and if they would be covered for the Medicaid reimbursement only. Chief English stated that he would research that and let Council know. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Master Contract for Paramedic Ambulance Services between East Texas Medical Center, d/b/a/ East Texas Medical Center Emergency Medical Service and the City of Wylie, Texas and other Southeast Collin County Coalition Members including the City of Lavon, Lucas, Murphy, Parker, Collin County, and St. Paul for the period of October 1, 2003 — September 30, 2008 and approve the Interlocal Cooperation Agreement for Emergency Medical Services Coalition between the City of Wylie and other members of the southeast Collin County EMS Coalition and East Texas Medical Center. A vote was taken and passed 6-0. 3. Consider and act upon approval of Ordinance#2003-15 adopting changes and additions to the Fire Department/Dispatch Service Alarm Monitoring Program Rates and Fees schedule. Staff Comments Chief English introduced Lieutenant Steve Seddig stating that Lieutenant Seddig had done a survey with other city's rates and fees for like services and could answer any questions Council might have. Lieutenant Seddig stated that the list of fees and proposed charges were based on area cities providing like services. These services are provided by the Fire Department and the Dispatch Services Alarm Monitoring Program. He stated that occasionally it is necessary to adjust fees in order to keep up with rising costs in relation to city expenses. Cities undergoing similar growth enact permits and fee schedules in order to maintain a high level of service and to ensure fire safety issues important to public safety have been addressed. Lieutenant Seddig opened the floor for questions. Council Discussion Mayor Mondy asked what areas in the fees were actually new changes. Lieutenant Seddig stated that the actual changes included the plan review for square footage, fire sprinkler charges of$250.00 for a one time charge which includes 5 visits for inspections, and the alarm monitoring. Councilman Trout asked about the alarm monitoring charges. Chief English stated that the fire alarm charges were regulated by state law and a city could charge up to $50.00 for that service. The other charges would include fire, panic, EMS alarm monitoring service. Chief English explained that a citizen could request from the City either a fire alarm only at a $50.00 permit fee or could request fire, panic and EMS for a total of $100.00 permit fee. This cost would be on an annual basis with the city charging no additional monitoring fees each month and with the ability for citizens to transfer their existing monitoring service to the city which would save most citizens a great deal of money. Councilman Young asked about the current response time for the fire department. Chief English stated that the response time was now four minutes but at Station One it was actually less than 4 minutes. Minutes—August 12,2003 Wylie City Council Page 3 Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance#2003-15 adopting changes and additions to the Fire Department/Dispatch Service Alarm Monitoring Program Rates and Fees Schedule. A vote was taken and passed 6-0. 4. Consider and act upon an Ordinance annexing all of a certain 17.419 acre tract of land out of the Francisco de la Pina Survey, Abstract 688, Collin County, Texas, and generally located south of Brown St.,east of Kreymer. Council Action The voluntary request for annexation was withdrawn by the property owner therefore there was no action taken on this agenda item. 5. Consider and act upon an Ordinance annexing all of a certain a .83 acre tract of land out of the James Truett Survey,Abstract 920, Collin County, Texas, and located at 520 N. Ballard. Staff Comments Ms. Manson addressed council stating that a request for voluntary annexation had been submitted by the owner of the above referenced property. Both required public hearings had been satisfied with no opposition to the annexation. Staff recommended that Ordinance#2003-16 be approved. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tem Hogue to approve Ordinance #2003-16 annexing all of a certain .83 acre tract of land out of the James Truett Survey, Abstract 920, Collin County, Texas,and located at 520 N. Ballard. A vote was taken and passed 6-0. 6. Consider and act upon awarding a contract for audit services to Rutledge Crain & Company,PC for Fiscal Year 2002-2003. Staff Comments Finance Director Brady Snellgrove addressed council stating that the City is required to engage independent outside auditors annually. In 1996 a Request for Proposal (RFP) for audit services was completed and the audit firm of Pattillo, Brown, & Hill, L.L.P. was selected. Pattillo, Brown, & Hill, L.L.P. have audited the City the past seven fiscal years, beginning with Fiscal Year 1995-96. He stated that it is recommended that municipalities schedule audit firms on a three to five year rotation. Therefore, a Request for Proposal (RFP) was issued for the selection of a new audit firm for a period up to five years. Proposals were received from two audit firms on July 21, 2003. The Finance and Assistant Finance Directors evaluated the technical proposals. The sealed dollar cost bids were then opened and added to the technical evaluation results. After careful deliberation, the Finance Staff recommends the audit firm of Rutledge Crain & Company, PC to perform the audit for September 30, 2003,with the option of auditing each of the four subsequent fiscal years. Council Discussion Minutes—August 12,2003 Wylie City Council Page 4 Councilman Trout asked if Pattillo, Brown and Hill, L.L.P., the previous audit firm, was allowed to submit a proposal. Mr. Biff Johnson stated that it was good financial practice to change auditors so a city does not have an ongoing relationship with one firm, whereby the new firm will look at it from a straight view rather than someone who is comfortable with what they have already seen. Mr. Johnson stated that Pattillo, Brown, and Hill, L.L.P. was not in the RFP's this time around. Mr. Snellgrove stated that the RFP's went out to three types of firms: national, large, and small. There were no responses from the national or large firms. Councilman Trout then asked why there was a difference from $15,000.00 for last year's audit to around $30,000.00 for the proposed 2004 audit. Mr. Snellgrove explained that with the addition of GASB 34 and new audit procedures after the Enron incident, costs were up. Most firms were now putting more detail into an annual audit. Councilman Young stated that he felt the increase was very high. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to award a contract for audit services to Rutledge Crain&Company, P.C. for fiscal Year 2002-2003. A vote was taken with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Worley, and Councilman Trout voting for and Councilman Young voting against. Mayor Mondy recessed the meeting for a short break at 6:40 p.m. Mayor Mondy reconvened the meeting for the work session at 6:50 p.m. • Sign Regulation Ordinance Work Session Staff Comments Mr. Johnson turned the staff comments over to Building Official Dale Jackson. Mr. Jackson commented that last August, the City Council adopted new sign regulations. Two issues were specifically discussed at the council meeting regarding the new regulations. The first issue involved the appeal process. A question arose whether the Board of Adjustment had final authority over sign variances or if someone had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue involved directional signs for residential subdivisions. The new ordinance only allowed for directional signs that were off-premise to be placed in the public right-of-way. The issue regarding the final authority of the Board of Adjustment over sign variances has been addressed in the proposed ordinance by appointing the Construction Code Board as the body that would hear sign variances in the future. The applicant has the right to appeal a variance request that has been denied by the Construction Code Board to the City Council. Utilizing the Construction Code Board for sign variances would clarify the internal workings of variances since the Building Official acts as the staff liaison to the Construction Board. In the past, sign variances have been handled by the Board of Adjustment who has the Planning Director assigned as staff liaison. Since the Planning Department is not involved in the sign ordinance — with the exception of variance requests,the proposed change would help to smooth out the process of sign regulations and variances by allowing the Building Inspections Department to handle all aspects of permitting as well as variance Minutes—August 12,2003 Wylie City Council Page 5 requests. Additionally, the change should help because of the different criteria involved with granting variances to sign regulations and zoning regulations. With zoning variances, a variance can only be granted if a hardship is proven. Hardship is not required to be proven when granting a sign variance. The second issue has been addressed by removing right-of-way signs altogether. No signs would be allowed within the public right-of-way. A new section has been added, Temporary Directional Signs that allows directional signs to be placed at key points within the City. Temporary Directional Signs would have to be approved by the City Council and would be limited by a two year time period. Mr. Jackson stated that the Home Builder's Association had become interested in placing temporary signs for directional instructions on private property that would be large enough to see and would be allowed 24 hours a day, seven days a week. The H.B.A. would be responsible for upkeep and would charge the builders/developers a fee for this service thus eliminating right-of-way directional signs. There has also been a Supreme Court ruling that jurisdictions can not discriminate in their authority to allow right-of-way signs. If the city allowed directional signs, they would be required by law to allow all types of signs in the right-of-way. Mr. Jackson stated that at this time the only parties pulling permits for right-of-way directional signs were builders because the cost per sign was $75.00 per year and no one else wanted to pay those fees. Council Discussion Councilman Trout asked if the proposed ordinance would eliminate all signs in the right-of-ways. Mr. Jackson stated that was correct. Mr. Jackson stated again that the City either had to allow all signs or not allow any right-of-way signs. He explained that persons still have the right to put signs on private property as long as they have permission from that property owner. Mayor Mondy asked what the happy medium would be to make it possible for builders to move their product and still keep the area uncluttered. Mr. Jackson stated that the Home Builder's Association would like to do away with right-of-way directional signs all together and construct and maintain the larger signs, one currently appears at the corner of Brown and Sanden. Mr. Jackson stated that these signs currently were being used in Frisco in lieu of the right-of-way signs. The consensus of the council was to direct staff to obtain policies and procedures from other cities that have addressed this issue and report back to council. .i DI.DUAL CQ SIPE TIQN 7. Consider and act upon Ordinance #2003-14, adopting new sign regulations, repealing Ordinance #2002-27 and repealing all conflicting ordinances. A motion was made by Councilman Worley, seconded by Mayor Pro Tem Hogue to table this item to gather more information. A vote was taken and passed 6-0. ; DING OF (101$1;NcES TITLES.. & Ct TTO A ' '1 O'S D:BY'CO UNNCII `AS QUI ET Ol WY T'Y C RTER,ARTICLE III, SECIf`iOl f3- • 2003-15 2003-16 City Secretary, Carole Ehrlich read the caption of Ordinance#2003-15 and#2003-16 into the record. Mayor Mondy recessed into Executive Session at 7:16 p.m. Minutes—August 12,2003 Wylie City Council Page 6 CUTE :SE ION In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated (Open Meeting Act),Section 551. SS 551.072.Deliberation Regarding Real Property; Closed Meeting A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Discussion of Alanis Property • Discussion of real property near the intersection of Highway 78 and Oak Street ;��€VENI1�l�T£�►.:flt�l�1�MIJ�TII�� ; ; Take any action as a result of the Executive Session. Mayor Mondy reconvened into open session at 8:17 p.m. • Discussion of Alanis Property Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to recommend staff to move forward on the acquisition of Right-of-Ways for Alanis. A vote was taken and passed 6-0. • Discussion of real property near the intersection of Highway 78 and Oak Street Council took no action on this item. With no further business before Council, a motion was made by Councilman Worley, seconded by Councilman Trout to adjourn the meeting at 8:19 p.m. A vote was taken and passed 6-0. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—August 12,2003 Wylie City Council Page 7 WYLIE CITY COUNCIL AGENDA ITEM NO. B. August 26, 2003 Issue Consider and act upon authorizing the City Manager to execute and award an addendum to the Impact Fee contract to Birkhoff, Hendricks, & Conway, L.L.P., Consulting Engineers, in the amount of$12,000 for engineering services required to prepare a new Water Distribution System Model. Background The impact fee contract awarded to Birkhoff, Hendricks, & Conway on January 14, 2003 included services to update the existing water system model to determine the 10-year water system capital improvements plan, however, due to the current demands on the system, we recommend revising the analysis to include the maximum demands and analysis of multiple demand scenarios. The proposed addendum includes services to prepare a new model based on a maximum daily demand and develop a new Capital Improvements Plan. The new model will allow multiple scenarios to be analyzed based on future growth and projected system improvements and give a more accurate representation of peak usage during the summer months. The scope of services for preparation of the new model includes evaluating the maximum daily, maximum hourly and minimum hourly water system demands, applying hydraulic system demands based on existing and projected land use assumptions, modeling the existing pump stations, and map preparation. Financial Considerations A summary of fees is shown below: Summary of Fees Create New Water Distribution Master Plan $32,000 Update Sewer System Spreadsheets for C.I.P. $14,500 Prepare Water and Wastewater Impact Fee $40,000 Prepare Traffic Improvements Impact Fee $18,400 Expenses $600 Total $105,500 The original contract awarded was for a total amount of$93,500. The addendum is an increase of $12,000 for the new Water Distribution System Model and Master Plan. $115,000 was included in the FY '03 Engineering budget for the impact fee update. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Authorize the City Manager to execute and award an addendum to a contract to Birkhoff,Hendricks,& Conway, L.L.P., Consulting Engineers, in the amount of$12,000 for engineering services to prepare a new Water Distribution System Model. Attachments Engineering services agreement from Birkhoff, Hendricks, & Conway, L.L.P., Consulting Engineers. Prepared by Revie d by Finance City Ma Approval BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAUL A.CARLINE,P.E. MATT HICKEY,P.E. August 1, 2003 DOUGLAS K.SHOWERS,P.E. ROSS L.JACOBS,P.E. Mr. Chris Hoisted,P.E. • City Engineer City of Wylie 2000 Highway 78 N. Wylie,Texas 75098 Re: Water,Wastewater and Roadway Impact Fees Addendum No. 1 to Engineering Services Agreement Dear Mr.Hoisted: In accordance with your request,we are pleased to submit three (3) copies of Addendum No. 1 to the Engineering Services Agreement for updating the water distribution model and to update the Water, Wastewater and Roadway Impact Fees for the City of Wylie. The addendum revises the agreement from including an update of the current water distribution system model to preparing a new water distribution system model. Please have all three copies of the Addendum executed by the City of Wylie and return one copy to us for our files. Call us if there are any questions,we are available to discuss the project at your convenience. Sincerely yours, Joe R. Carter,P.E. Enclosures I.\6160 development\wylie\impact fee\addl-letter.doc ADDENDUM No. 1 To THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF WYLIE(OWNER) AND BIRKHOFF,HENDRICKS, & CONWAY L.L.P. (ENGINEER) FOR UPDATING THE WATER DISTRIBUTION MODEL AND UPDATING THE WATER, WASTEWATER AND ROADWAY IMPACT FEE IN ACCORDANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE DATED JANUARY 14, 2003 This Addendum No. 1 serves to authorize the ENGINEER to provide the engineering services required to prepare a new Water Distribution System Model based on the existing Water System Map and Maximum Daily Demand and a new Capital Improvements Plan Model. This Addendum No. 1 to the Engineering Services Agreement dated January 14,2003 (attached hereto) shall supplement and amend Exhibit B of that agreement as follows: Task Amount Change A. Create New Water Distribution System Master Plan $32,000 +$12,000 B. Update Sewer System Spreadsheets for C.I.P. $14,500 No Change C. Prepare Water and Wastewater Impact Fee $40,000 No Change D. Prepare Traffic Improvements Impact Fee (Optional) $18,400 No Change E. Expenses $ 600 No Change Total Budgeted Contract Amount $105,500 +$12,000 The Revised Total Budgeted Contract Amount is a maximum of$105,500.00 and that amount shall not be exceeded without City Council approval. All other requirements of the original contract for engineering services shall apply. OWNER: ENGINEER: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS & CONWAY,L.L.P. By: By: • Joe R. Carter,P. E.,Partner Date: Date: O S - O/' 03 Attest: Attest: 96:).- i//k_. John W. l irkhoff,P.E., Partner Date: Date: I:\6t6o development\wylieimpact fee\add-nol.doc PAGE 1 O` EXHIBIT "A" CITY OF WYLIE NEW WATER DISTRIBUTION SYSTEM MASTER PLAN AND ENGINEERING ANALYSIS FOR THE UPDATE OF THE WATER,WASTEWATER AND ROADWAY IMPACT FEE CALCULATION SCOPE OF SERVICES A. Water Distribution System Master Plan 1. Prepare a new water distribution system model updating the City's current water distribution system hydraulic model to include additions to the existing model since the last update in April 2001, and the 10-year Master Plan model. The new model shall be based on design criteria for maximum daily demand calculated as described below. 2. Evaluate the maximum daily, maximum hourly and minimum hourly water system demands based on: a. Available water records provided by the City, including pumping records, elevated storage tank level data, and meter data (including North Texas Municipal Water District (NTMWD) supply meters),wholesale customer meters (if any) and any unique water demand customers within the distribution system. b. Current population estimates and projections provided by the City. c. Current zoning and projected land use assumptions (to be provided by the City). d. Existing and projected demands of the City's wholesale water customers(if any). 3. Update both the existing system model and the master plan model with the revised demands. Apply the hydraulic system demands based on existing and projected land use assumptions. 4. Model the existing pump stations utilizing actual pump flow data or pump curves, where available from the City. Water, Wastewater&Roadway Impact Fee(Exhibit "A") Page 6 of 13 I:\6160 development\wylie\impact fee\exhib-a.doc (07/28/03) 5. Add existing water lines based on the current water system model as provided by the City and as required to properly evaluate both the existing and 10-year master plan scenarios. 6. Prepare both an existing system, and master plan hydraulic map showing the water system elements contained in the hydraulic model including: a) Line sizes and numbers of modeled lines b) Junction nodes and numbers c) Existing and recommend elevated and ground storage tanks d) Existing and recommended pump station layouts 7. The master plan map will be based on electronic street map, water map and land use map provided by the City. A background of the aerial photograph and contour map will be applied as directed by the City to the master plan map. 8. Evaluate and make recommendations for system improvements for both the existing system and the 10-year Master Plan. B. Wastewater System Spreadsheets 1. Update the City's current wastewater system spreadsheets to include additions to the existing system since the last update in April 2001, and update the 10-year Master Plan. 2. Evaluate the.total capacity available, the capacity currently utilized and the capacity utilized during the impact fee period based on: a. Available records provided by the City, including final plats and building permits together with drainage area maps to determine current and projected percentage of development for each drainage basin. b. Current population estimates and projections provided by the City. c. Current zoning and projected land use assumptions (to be provided by the City). 3. Update the existing system spreadsheets and the master plan spreadsheets with the revised projected population growth. Determine percent capacity utilized based on comparison of the population projected for the fully developed drainage basin to the estimated population for current development and development over the impact fee period for the drainage basin. Water, Wastewater&Roadway Impact Fee(Exhibit "A') Page 7 of 13 (07/28/03) 1:\6160 development\wylie\impact fee\exhib-adoc 4. Add existing sewer lines to the spreadsheets at the City's direction and as required to properly evaluate both the existing and 10-year Master Plan scenarios. C. Engineering Analysis for the Update of the Water and Wastewater Impact Fee Calculation 1. Review the water and wastewater capital improvement projects included in the last impact fee report and summarize the current status of the program along with a comparison of actual project cost as provided by the City to the estimates used. 2. Review, update, and add where necessary, capital water and wastewater projects eligible for recovery in the impact fee program. 3. Develop a 10-year capital improvement program with cost estimates and an implementation schedule based on land use and growth assumptions provided by the City of Wylie. 4. Inventory new and existing water and wastewater projects eligible for the impact fee program. 5. For each water and wastewater project identified, calculate the capacity currently utilized, total capacity available,the capacity utilized during the 10-year impact fee period. 6. Review of the existing living unit equivalent (LUE) for both the water and wastewater impact fee. ' The LUE for water impact fee shall be based on water meter sizes per AWWA. 7. Calculate the water and wastewater impact fee based on the list of projects that are eligible for recovery, actual construction cost of existing projects, projected cost of projects on the 10-year capital improvements program, living unit equivalent and the utilized capacity of facilities over the 10-year period. 8. Develop a stand alone written engineering analysis report, including schedules, opinions of probable costs, capacity tabulations, exhibits and capital improvement program maps. 9. Coordinate information and findings with City staff, and other team project consultants. 10. Attend conferences and meetings to discuss detailed project approach, study findings, interim reports and final conclusions and recommendations. Water, Wastewater&Roadway Impact Fee(Exhibit "A') Page 8 of 13 (07/28/03) I:\6160 development\wylie\impact fee\exhib-adoc 11. All tabulations, schedules and cost estimates shall be in electronic spreadsheet format and provided to the City staff. 12. Participate in staff meetings as required. Attend Committee meetings and Public Hearings to provide assistance to City staff for the staff presentation of the Capital Improvement Program and Impact Fee Ordinance. D. Optional Alternate—Update of the Roadway Impact Fee Calculation (Lee Engineering) Note: Lee Engineering-will perform the tasks under this subheading of the Scope of Services. 1. Project Initiation Gather information on legal requirements for roadway impact fees and methodologies that have been successfully implemented. Meet with City staff to gather data, discuss methodologies, and confirm project schedule. 2. Data Collection Collect available traffic volume and roadway data. Identify additional data need, and collect the data as required. 24-hour traffic counts will be collected at up to 25 locations. 3. Review Service Areas Review the existing traffic survey zone map, review the service area boundaries, and identify any required modifications. 4. Existing Land Uses and Roadways Review existing land use data provided by the City of Wylie and compile it into a format for use in developing roadway impact fees. Compile an inventory of the existing roadways and calculate the existing usage and deficiencies. 5. Review Growth Assumptions Review projected land use, population and employment data and identify new traffic demands that will be generated. This effort will be coordinated with the NCTCOG if possible. Any agreements with the NCTCOG to perform work for this project will be made between the City and the NCTCOG and will not be a part of this contract. 6. Review 10-year Roadway Improvement Projects Review proposed 10-year roadway improvement 'projects to ensure that projected demands will be served. Projects will be reviewed for roadway impact fee funding Water, Wastewater&Roadway Impact Fee(Exhibit "A') Page 9 of 13 (07/28/03) 1:\6I60 development\wylie\impact fec\exhib-a.doc eligibility. Additional projects will be identified if needed to meet demands. Other eligible reimbursement projects will also be identified. Information on the roadway improvement projects including cost, length, and capacity provided will be gathered from Birkhoff, Hendricks & Conway, L.L.P. and compiled for use in calculating roadway impact fees. 7. Calculate Maximum Fee Per Service Unit Based on the new demand data and project cost data, actual cost and a maximum fee per service unit will be calculated for each service area. 8. Develop Service Unit Generation Rates Review existing service unit generation data. This data will be updated and supplemented with trip length data if required. An updated Service Unit Equivalency table will be prepared. 9. Meetings Participate in study team meetings as required. Participate in two public meetings as part of the update process. Additional public meetings will be considered beyond the scope of this agreement and will be billed as additional work. E. Deliverables 1. Prepare and deliver one unbound original plan document of the Water Distribution System Master Plan Report and the Engineering Analysis for the Impact Fee Update. Each report will be capable of reproduction by the City. 2. Prepare and deliver five (5) bound copies of the Water Distribution System Master Plan Report, and the Engineering Analysis for the Impact Fee Update Report, including methodology of the analysis, recommendations, schedules, probable cost for system improvements, and computer analysis input and output data set printouts. Prepare and deliver fifteen (15) bound copies of the Water Distribution System Master Plan Report, and the Engineering Analysis for the Impact Fee Update Report without the computer analysis input and output data set printouts. 3. Prepare and deliver twenty (20) 1"=1000' scale color coded maps of the Water Distribution System Master Plan and one foam board mounted color coded map of the Water Distribution System Master Plan. Water, Wastewater&Roadway Impact Fee(Exhibit "A') Page 10 of 13 1:\6160 development\wylie\impact fee\exhilradoc (07/28/03) 4. Deliver AutoCAD drawing files of the existing, 10-year and master plan of the water distribution system containing the Cybernet data base attributes and associated data files. 5. Deliver electronic files of the report material in MS Office format. 6. Present the findings to the City staff, Impact Fee Advisory Committee and/or City Council. 7. All electronic files will be delivered under the following conditions: a) The files are compatible with AutoCAD R14 by Autodesk, Cybernet Ver. 3.0 by Haested Methods, Microsoft Office 2000 and Excel 2000. We do not make any warranty as to the compatibility of these files beyond these release versions. b) Because data stored on electronic media can deteriorate undetected or be modified, it is agreed that Birkhoff, Hendricks & Conway, L.L.P., will not be held liable for completeness or correctness of electronic media after an acceptance period of thirty days after delivery of these files. c) The electronic files are an instrument of Birkhoff, Hendricks & Conway, L.L.P.'s service. Where a conflict exists between the hard copy drawings and the electronic files, the hard copy drawings will govern in all cases. d) Both parties acknowledge mutual non-exclusive ownership of electronic files and each party may use, alter, modify or delete the files without consequence to the other party. e) The electronic files provided to the City will not contain engineer's seals,handwritten dates, or signatures. 13 of Page 11 Water, Wastewater&Roadway Impact Fee(Exhibit "A') (07/28/03)11 1:\6160 development\wylie\impact fee\exhibadoc EXHIBIT "B" CITY OF WYLIE WATER DISTRIBUTION SYSTEM MASTER PLAN UPDATE AND ENGINEERING ANALYSIS FOR THE UPDATE OF THE WATER,WASTEWATER AND ROADWAY IMPACT FEE CALCULATION PAYMENT SCHEDULE Compensation for services for this contract shall be based on actual salary cost times a multiplier of 2.40, with expenses at actual invoice amount times 1.15. Billings shall be posted monthly based on the time worked on the contract and expenses incurred, with payment due within thirty days from the date of the invoice. The tabulation below shows the anticipated breakdown of the services by task category: Task Amount A. Prepare New Water Distribution System Master Plan $32,000 B. Update Sewer System Spreadsheets for C.I.P. $14,500 C. Prepare Water and Wastewater Impact Fee $40,000 D. Prepare Traffic Improvements Impact Fee (Optional) $18,400 E. Expenses $ 600 Total Contract Amount $105,500 Water, Wastewater&Roadway Impact Fee(Exhibit "B') Page 12 of 13 I:\6160 development\wylie\impact fee\exhib-b.doc (07/28/03) WYLIE CITY COUNCIL AGENDA ITEM NO. 1. August 26, 2003 Issue Consider and act upon an ordinance to increase water utility rates sufficient to pass through the wholesale price increase from the North Texas Municipal Water District. Background The City of Wylie currently purchases water from the North Texas Municipal Water District(NTMWD) at $.87 per thousand gallons. NTMWD notified the City on July 26, 2002 that the rate would be increased to $.92 per thousand effective on October 1. 2003. Other Considerations N/A Financial Considerations Attached is a summary of the current and the proposed new utility rates. The five-cent increase is only applied against water usage greater than one thousand gallons. There is no increase in minimum water rates. The 2003-04 fiscal year increase in revenue is expected to be$50,000.Residential water customers with an average usage of 8,000 gallons per month will see an increase of approximately $.35 on their water bill. Commercial customers will see an estimated increase of$.70 per month based on 15,000 gallons of consumption. This rate increase will be effective on October 1, 2003 and will first appear on customer's bills in November 2003. Board/Commission Recommendation N/A Staff Recommendation The staff recommends approval of the water rate increase, as presented in this ordinance, to become effective October 1, 2003 and to first appear on bills dated November 1, 2003 and later. Attachments Summary of Utility Rates Letter from North Texas Municipal Water District Proposed Ordinance CiA Prepared By R ewed by inanc Cit A . I.•A pproval ORDINANCE NO. 2003-17 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER RATES FOR THE CITY OF WYLIE, AMENDING SECTION 1.02 OF APPENDIX A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 98-16) REPEALING PORTIONS OF ALL CONFLICTING ORDINANCES: CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the North Texas Municipal District has increased its wholesale water rate from $.87 per thousand gallons to $.92 per thousand gallons effective October 1, 2003; and WHEREAS, the City desires to raise the charges for water services provided by the City so as to pass along the wholesale water increase to its customers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows, SECTION 1 The Section 1.02 of Appendix C to the Code of Ordinance of the City of Wylie, Texas, is hereby amended by deleting the existing section, in its entirety and substituting the following therefore: (a) The following monthly water rates, shall apply to all RESIDENTIAL customers within the corporate limits of the City of Wylie, Texas: (1)Monthly minimum Charge for first 1,000 gallons of Metered water consumption $8.90 (2)Volume charge for all consumption exceeding 1,000 gallons (1,000 gallons) -1,001 to 2,000 (per 1,000) $2.12 - Over 2,000 gallons (per 1,000 gallons) $2.85 Ordinance No. 2003-17 Page 2 (b) The following monthly water rates shall apply to all COMMERCIAL customers, (other than apartments, mobile homes parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000) $2.22 -Over 2,000 gallons (per 1,000) $2.85 (c) The following water rates shall apply to all APARTMENTS, MOBILE HOMES PARKS, and OTHER MULTI-UNIT DWELLINGS, not individually metered, within the corporate limits of the City of Wylie, Texas: (1)Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2)Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000) $2.22 -Over 2,000 gallons (per 1,000) $2.85 (3) An additional charge of $4.00 per occupied unit, with occupancy being determined as of the fifth day of the month preceding the billing. (d) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (e) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in 25-gallon increments at the same rates as the commercial customers. Ordinance No. 2003-17 Page 3 SECTION II The rates herein imposed shall be effective for all water usage occurring after September 30, 2003. SECTION III Should any paragraph, sentence, subdivision, clause, phrase or section of the ordinance be adjusted or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to invalid, illegal, or unconstitutional. SECTION IV 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 V That all ordinances and code provisions in conflict or consistency are hereby repealed and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Passed and Approved this 26th day August, 2003 John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary CITY OF WYLIE SUMMARY OF UTILITY RATES October 1, 2003 Rates Rates SUMMARY OF RATES October 1.2002 October 1,2002 Residential Rates: Water in gallons: Minimum (Includes 1st 1,000 gallons) 8.90 8.90 1,001 - 2,000 2.07 2.12 2,001 + per 1,000 2.80 2.85 Sewer in gallons: Minimum (Includes 1st 1,000 gallons) 10.00 10.00 1,001 + per 1,000 1.45 1.45 Monthly Max 29.57 29.57 Sewer Plant Pass Thru - Fixed: 0- 2,000 2.00 2.00 2001 5.00 5.00 Residential Sanitation charges: Trash, Recycling, Bulky Pickup 10.67 10.67 (9.86 monthly plus 0.81 sales tax) Additional Polycart 3.25 3.25 (3.00 monthly plus 0.25 sales tax) Commercial Rates: Water in gallons: Minimum (Includes 1st 1,000 gallons) 12.15 12.15 1,001 -2,000 2.17 2.22 2,001 + per 1,000 2.80 2.85 Sewer in gallons: Minimum (Includes 1st 1,000 gallons) 14.00 14.00 1,001 + per 1,000 1.45 1.45 No Max Sewer Plant Pass Thru - Fixed 7.50 7.50 Apartments and Mobile Homes on Master Meters: Water Surcharge: Fixed Charge per Unit 4.00 4.00 Water: Same as Commercial Rates Sewer: Fixed Charge per Unit 18.00 18.00 Sewer Plant Pass Thru- Fixed 5.00 5.00 UBRATES2002.xls dimmismimw NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity July 26, 2002 Mr. Anthony Johnson City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: PRELIMINARY ESTIMATES OF COST FOR FY 2003 Dear Mr. Johnson: To assist the City of Wylie in the preparation of its FY 2003 Annual Budget, the District is providing preliminary estimates of cost for FY 2003. The Member City Water Rate for the Regional Water System is expected to be adjusted from $.80 to $.87 per 1,000 gallons beginning October 1, 2002. For fiscal years 2004 and 2005, it is expected that the rate will be adjusted to $.92 and $.97 per 1,000 gallons, respectively. Also, preliminary cost for the Wylie Wastewater Treatment Plant, Muddy Creek Wastewater Treatment Plant and Wastewater Pretreatment Program is estimated to be $511,675, $763,333 and $33,001 respectively. These estimates are based on the best information available to the District at this time and are subject to change as the District continues to develop its FY 2003 Annual Budget. Upon adoption, the District will provide a copy of the Budget and a final schedule of payments to be made during FY 2003. Should you have any questions or need additional information, please contact my office or Judd Sanderson, Director of Finance at (972) 442-5405. Sincerely, (--) JA ES M. PARKS E ecutive Director JMP/JRS/skr 505 E.Brown St.,P.O.Box 2408.Wylie.Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405 July 25, 2003 Mr. Anthony Johnson City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: PRELIMINARY ESTIMATES OF COST FOR FISCAL YEAR 2004 Dear Mr. Johnson: To assist the City of Wylie in the preparation of its Annual Budget, the District is providing preliminary estimates of cost for FY 2004. The Member City Water Rate for the Regional Water System is expected to be adjusted from $.87 to $.92 per 1,000 gallons beginning October 1, 2003. For fiscal year 2005, it is expected that the rate will be adjusted to $.97 per 1,000 gallons. Also, preliminary cost for the Wylie Wastewater Treatment Plant, Muddy Creek Wastewater Treatment Plant and Wastewater Pretreatment Program is estimated to be $587,947, $774,077 and $35,015 respectively. These estimates are based on the best information available to the District at this time and are subject to change as the District continues to develop its FY 2004 Annual Budget. Upon adoption, the District will provide a copy of the Budget and a final schedule of payments to be made during FY 2004. Should you have any questions or need additional information, please contact my office or Judd Sanderson, Director of Finance at (972) 442-5405. Sincerely, JAMES M. PARKS Executive Director JMP/JRS/skr WYLIE CITY COUNCIL AGENDA ITEM NO. 2. August 26, 2003 Issue Conduct a public hearing on the proposed tax rate for fiscal year 2003-2004 and provide taxpayers an opportunity to express their views on the tax rate. At the end of the hearing,the City Council must set and announce the date,time and place of the meeting at which it will vote on the final proposed tax rate. Background In accordance with the "Truth in Taxation" laws of the State of Texas, on August 12, 2003, the City Council took a roll call vote on the proposed tax rate and scheduled a public hearing on the tax rate for August 26, 2003. The results of the record vote on the proposed tax rate and the notice of the public hearing were published in the McKinney Courier Gazettee on August 18, 2003, and the Wylie News on August 20, 2003. This public hearing has been advertised in compliance with the publication requirements set forth in the Truth in Taxation Law. The purpose of the public hearing on August 26,2003,is to give the taxpayers an opportunity to express their views on the tax rate. The City Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. The second public hearing will be on September 9, 2003,to vote on the final tax rate. After the August 26, 2003, meeting and before the meeting scheduled for the final tax vote, the City Council must publish a second quarter-page notice, "Notice of Vote on Tax Rate." The official detailed effective tax rate calculations are available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Financial Considerations The proposed budget is based on the proposed tax rate of$0.705 per $100 valuation. This is the rate previously discussed by the Council. Any change in the proposed tax rate will require revision of the proposed budget. Other Considerations The City is required by law to follow certain meeting and notice(publication)guidelines as shown on the attached calendar excerpt from the"Truth in Taxation" guide. Staff Recommendation It is recommended that the City Council schedule the next required public hearing on the tax rate for September 9, 2003, after the close of the public hearing. Attachments "Notice of Public Hearing on Tax Increase" published August 20, 2003, in the Wylie News "Notice of Public Hearing on Tax Increase" published August 18, 2003, in the McKinney Courier Gazette "2003 Property Tax Rates in the City of Wylie" published August 6, 2003, in the Wylie News 2003 Planning Calendar from the "Truth in Taxation" guide CP- Prepared by Revi d by inance City Ma er Approval 2003 Property Tax Rates in City of Wylie This notice concerns 2003 property tax rates for City of Wylie. It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base(the total value of taxable property) with adjustments as required by state law. The rates are given per$100 of property value. Last year's tax rate: Last year's operating taxes $4,657,640 Last year's debt taxes $1,951,289 Last year's total taxes $6,608,929 Last year's tax base $924,325,734 Last year's total tax rate 0.715000/$100 This year's effective tax rate: Last year's adjusted taxes $6,590,047 (after subtracting taxes on lost property) +This year's adjusted tax base $991,840,501 (afte subtracting value of new property) =This year's effective tax rate 0.664426/$100 x 1.03=maximum rate unless unit 0.684358/$100 publishes notices and holds hearing This year's rollback tax rate: Last year's adjusted operating taxes(after $4,644,165 subtracting taxes on lost property and adjusting for any transferred function,tax increment financing,and/or enhanced indigent health care expenditures) This year's adjusted tax base $991,840,501 =This year's effective operating rate 0.468237/$100 x 1.08=this year's maximum operating rate 0.505695/$100 +This year's debt rate 0.170958/$100 =This year's rollback rate 0.676653/$100 Statement of Increase/Decrease If City of Wylie adopts a 2003 tax rate equal to the effective tax rate of$0.664426 per$100 of value,taxes would increase compared to 2002 taxes by$905,560. Schedule A Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the f;cal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance Maintenance&Operations $2,624,520 Interest&Sinking $354,930 Schedule B 2003 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues(or additional sales tax revenues,if applicable). Principal or Interest to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes to he Paid Payment Tax $231,844 $60,063 $500 $292,407 Refunding Bonds, Series 1983 General $66,272 $58,435 $500 $125,207 Obligation Bonds, Series 1995 General $58,333 $65,140 $500 $123,973 Obligation Bonds, Series 199' Tax Notes, $165,000 $11,031 $500 $176,531 Series 1998 General $110,000 $149,356 $500 $259,856 Obligation Bonds, Series 1999 General $65,000 $98,010 $500 $163,510 Obligation Bonds, Series 2000 General $140,000 $194,038 $500 $334,538 Obligation Bonds, Series 2001 Tax Notes, $100,000 $9,275 $500 $109,775 Series 2001 General $80,000 $99,641 $500 $180,141 Obligation Bonds, Series 2002 Tax Notes, $50,000 $4,805 $500 $55,305 Series 2002 Public $40,000 $3,220 $500 $43,720 Property Fin.Contr. Oblig., Series 1995 Public $60,000 $8,035 $500 $68,535 Property Fin.Contr. Oblig., Series 1999 Total Required for 2003 Debt Service $1,933,498 - Amount(if any)paid from funds listed in Schedule A $0 - Amount(if any)paid from other resources $0 - Excess collections last year $0 = Total to be paid from taxes in 2003 $1,933,498 + Amount added in anticipation that the unit will $0 collect only 100.00%of its taxes in 2003 = Total Debt Levy $1,933,498 This notice contains a summary of actual effective and rollback tax rates'calculations. You can inspect a copy of the full calculations at 1800 North Graves,Suite 170 McKinney,Texas 75069. Name of person preparing this notice:Kenneth L.Maun Title:Collin County Tax Assessor Collector Date Prepared: July 30,2003 Notice of Public Hearing on Tax Increase The City of Wylie will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding year by 6.11 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 26, 2003 at 6:00 PM at the City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas. FOR the proposal: Mayor John Mondy Mayor Pro Tern Eric Hogue Councilmember Reta Allen Councilmember J.C.Worley Councilmember Merrill Councilmember Chris Trout Young AGAINST the proposal: PRESENT and not voting: ABSENT: Councilmember Randal Shinn The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Last Year This Year Average residence homestead value $109,206 $117,010 General exemptions available $0 $0 (amount available on the average homestead,not including senior citizen's or disabled person's exemptions) Average taxable value $109,206 $117,010 Tax rate (per$100) $0.715000 $0.705000 Tax $780.82 $824.92 Under this proposal,taxes on the average homestead would increase by$44.10 or 5.65 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would decrease by$0.010000 per $100 of taxable value or 1.40 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. WYLIE CITY COUNCIL AGENDA ITEM NO. 3. August 26, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Business Center(BC)to Planned Development(PD)District for a restaurant with drive through service,located at 1301 Century Way,Being Lot 1, Block C of the Century Business park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-09) Background The applicant is requesting rezoning to a Planned Development(PD)District in order to allow construction and operation of a restaurant with drive through services. The applicant contends that drive-through services are an intergral part of the restaurant's services and its success. The subject property is currently zoned Business Center(BC)District. The purpose of the BC District is to provide for a broad mix of office,technology and light industrial and related business support uses as regional employment center. Restaurants without drive-in or drive-through service are allowed within the Business Center District, but restaurants with such drive-through service are not allowed. The subject property has been platted as Lot 1, Block C of the Century Business Park Addition since 1986, and totals approximately 1.7 acres in size. It is undeveloped. The applicant plans to use the western one (1) acre fronting state Highway 78 to construct a restaurant of 4,254 square feet as well as associated parking. There are no current plans for the remaining 0.7 acres to the east of the subject site. However, the entire 1.7 acre Lot 1 is included within the Planned Development District and the Lot is not to be replatted into two lots at this time, leaving the applicant's options open to allow either future expansion of the restaurant or sell of the smaller rear lot for other development. The remnant of lot is sufficient to allow some future development. The property abutting to the northeast is currently zoned Business Center (BC) and is developed as an automotive sales facility (a Legally Nonconforming Use). Properties to the east, south and west are zoned for Business Center uses, are developed in a variety of uses. The surrounding area was previously zoned Industrial (I), and a number of properties developed according to the earlier code regulations are currently Legally Nonconforming. Public Comment Forms were mailed to fifteen (15) property owners within 200 feet of this request. Four Comment Forms have been returned at the time of posting, two favoring and two opposing the proposed rezoning. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Business Center uses for the subject property. The requested restaurant with drive-through conforms with this recommendation. 2. When formulating the current Zoning Ordinance,intended to implement the Comprehensive Plan, it was determined that sit-down full-service restaurants are more compatible with the employment-generator character of the Business Center than are drive-through services. Restaurants without drive-through services are permitted by right in all zoning districts, whereas those with drive-in services are permitted only within the vehicular-oriented Corridor Commercial(CC)and Community Retail(CR)Districts. The previous Zoning Ordinance made no distinction between restaurants with and those without driving services, and would have allowed the restaurant and drive-through services at the subject location. 3. The subject property fronts State Highway 78 and reflects locational characteristics of the CR and CC Districts, rather than to the interior of the Business Center reflecting more office/retail support. 4. The Conditions of the Planned Development District require that the restaurant comply in every way with the standard requirements of the current Zoning Ordinance except for allowing the drive-through services. The drive-through services shall not be located on any wall facing a public street. These Conditions also apply to the smaller remnant of the Lot. 5. The Development Plan illustrates the proposed layout, and includes a tabulation of design elements which comply with the regulations of the Zoning Ordinance. The Plan provides internal cross-access to the adjoining remnant lot, but not to the abutting parcel to the northeast which is already developed. Board/Commission Recommendation At the August 5, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the proposed zoning change. Staff Recommendation Approval. The existing development complies with current code requirements except for the additional drive- through use, which is compatible with its location along a major thoroughfare as well as with current and anticipated neighboring uses. Attachments Ordinance with Conditions for the Planned Development District and Development Plan Location Map Notification List and Map with Responses Prey Revie d by mance City 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 2003-09 TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of Planned Development District, allowing a restaurant with drive-through services,said property being described in Exhibit "A", the Planned Development Conditions in Exhibit "B" and the Development Plan shown in Exhibit "C", attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2003. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Legal Description ZC #2003-09 Being a tract of land located at 1301 Century Way, and being Lot 1, Block C of the Century Business Park Addition, City of Wylie, Collin County, Texas. Exhibit "B" Zoning Case No. 2003-09 Conditions of the Planned Development District 1301 Century Way (Lot 1, Block C, Century Business Park Addition) General Conditions: 1. The purpose of this Planned Development (PD)District is to allow for a restaurant with drive-thru service, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Planned Development District request shall not affect any regulation found within the Code of Ordinances, unless specifically provided herein. 3. All regulations of the existing Business Center(BC) District set forth in Section 4.2.B of the Zoning Ordinance (as adopted February 27, 2002) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Planned Development District Permit shall apply only to Lot 1, Block C, Century Business Park Addition, and shall not be transferred or applied to other uses or properties in any way. The applicant and operations shall remain in compliance at all times with all applicable local, state and federal laws and regulations. 2. The following uses shall be permitted as functions of the PD: a. All uses allowed within the existing BC District. b. Restaurant with drive-thru service, without SUP 3. The drive-thru service window will not be located on any wall that is facing public streets. 4. The applicant shall be in compliance with the existing BC code in every respect except for the drive- thru service. EXHIBIT "C" UNOSCAPE DEVELOPMENT PLAN 24.00 SCALE:I"=40'0" DATE:07/09/03 NS o TRASH 74 0 5 10 20 40 ,I\lam �g oII LJ1--r--'1 I s� DICKEY'S BARBECUE PIT • WYLIE,TX MONUMENT ��' ��,,E,, eo,.;c Nu / .. .,.,._ — .• S:' 1 � SIGN c .oN:,,� �.s_6II BOARD SIGN '• __."__ • TABULATIONS PROPOSED AREA 1 I AREA 2 / — w^�icEa�I _ SITE AREA DICKEY'S FUTURE NT AREA 1(DICKEY'S) 43,713 S.F. Exswc BARBECUE PIT "" DEVELOPMENT AREA 2(FUTURE DEVEL.) 31,421 S.F. w.:'ea`°' 19.00 24,00 7.D —- _______ / TOTAL 75,134 S.F. 4,254 S.F. 50.00 —_--_. It _..___._ LAN ESCAPE AREA REQUIRED 4,371 S.F. �* • 12.00 20.00 38.00 20,00 5'00 PROVIDED 7,600 I - / (ADDITIONAL LANDSCAPING PROVIDED=3,329 S.F.) 1 1 _ -"--- PARKING SPACES REQUIRED= 40 �0.5 ` 7 _ oN. _�_ . • PROVIDED= 48 r- X ' k� I o I O sum r I. / (ADD.TIONAL PARKING SPACES PROVIDED=3) P • >NosnpE.J/� - _ ��ff// -olaNcnoNnC` s _ POINT PER SECTION 4 OF ZONING ORDINANCE N •.c _sE I Eo LA'..;':.',rr;E SITE DESIGN yy MONUMENT a rry "' / l '°V BUILDING PLACEMENT 13.5 SIGN C.FRON T IINT NT<10ORIE ORIENTED TO THE STREET 10 0 01 O 0— I O PARKING PLACEMENT • A.NO PARKING IN FRONT OF BUILDING 20 Q �—O o / ACCESS DRIVES P► r,,EXIST`J VI I of yT _ L • E•IAN DSCAP`ED ENTRANCES 10 J = C.DIRECT CONNECTION TO STREET 10 Is • A � • SERVICE AND LOADING AREAS s�aoE Sloew�.r NG� Exsr,Nc A MASONRY SCREENING 1^_ v Do's"' — ;_.,E • ��"��// TOTAL NUMBER OF LAND DESIGN POINTS 70 CENTURY WAY EXISTING LANDSCAPING t LANDSCAPING IN REQUIRED YARDS P.LANDSCAPING THAT EXCEEDS MINIMUM 5 / E LA.NDSCAPING IN SIDE AND REAR YARD 1' __ _` __— LANDSCAPING OF SO FINE LOTS A.EXCESS OF50P SON SPACE 5 �• B.SPACES WITHIN 40 FT.OF LANDSC. 10 C.LAND.POD.CONNECT.TO ENTRANCE 23 e v -----..-Cr 4' r i A" LANDSCAPING OF STREET FRONTAGES • _ I I B.INC.IN MIN WIDTH OF LAND.BUFFER 5 I u -.T' C.INC.INWIDTH OF PUP'_IC WALKWAY 10 1 (.5Fs . TOTAL NO.OF LANDSCAP`,N POINTS 65 ARCHITECTURAL Qw� a eq ELL'._DING MATERIALS ,y° A 2 COMPLEMENTARY PRIMARY MATERIALS 10 ' E.cw Way F.'.LDING ARTICULATION,FORM AND MASSING A.BASE STDS.TO ALL FACADES. 20 ,Ln .'d sac E ARCHITECTURAL DETAILING 10 '1 . a 5, TOTAL NUMEER OF ARCHITECTURAL POINTS 43 I Ki;,.n Ln • ',anis Dr i / /zC. �NI[bn. G' A IM,CTS g. LOCATION MAP 1-I I//,/ _I : _dal_ \ : , , a 111116041 r _pro-oiti ramamir- 8: -ar ,Agoto.t.nnato_11; __ 1 i tailitr,417ffitne. ortitrZAINImpilplzu- ,.... "iv -----1----____i Arr%1•Axisismililb., ... on -1-•,- ,!r Fubject =1:00%.,. ummion WAt.„ 1 1 1 11 .., 1_,Mhuailitinur ,WMip' %afillffillUill1 PIN z F I --- -,, 41-Imili Property i 1 -.......i_ „.„1111wimumpalt MI minim ,,, ktmileid-L 1 i_ 1111111111Eilan 0 Er- .:;, itlilifiilifiligia 1/ L___ - • L..,, ill 1 11 _ , til. ,, 1- i . 1 -......., r 1\ ----4----=----- —---- I -- ----------L I WHIII1 CZ-. --7-V--- '...ai 7-\. II ‘E');" -. 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I I ------- , \ , \ „ ... / LOCATION MAP ZONING CASE #2003-09 NOTIFICATION REPORT APPLICANT: Art Stone of Cooper General Contractors APPLICATION FILE #2003-09 1225 East Crosby#A-1 Carrollton, Tx 75006 I ADDRESS 11 # II BLK/ABST I LOT/TRACT 1 TAX I.D. # 1 PROPPERTY li Applicant OWNErt R NAME 1225 ADDRESS #A 1 O Cooper General Contractors Carrollton,Texas 75006 1 O 2 Blk A 2100 Lakeview Pkwy. Rowlett,Highway 78 Business Lot 1 R 4002 OOA 0010 1 Collision Center Paint &Body, Inc. 5 Nlaor Lane 75088-3340 Highway Business William George Allen,Texas 75002-81 15 3 Blk A Lot 7A R-4002-OOA-007A-1 2695 Villa Creek Dr. #145 Century Business Park Heatley Moist Inc Dallas,Texas 75234-7392 4 Blk C Lot 1 R-2103-OOC-0010-1 2695 Villa Creek Dr. #145 O Century Business Park Heatley Moist Inc Dallas,Texas 75234-7392 5 Blk C Lot 2 R 2103 OOC 0020 1 14160 Dallas Parkway#500 0Century Business Park Charles Wood, Jr. Dallas,Texas 75254-731 1 6 Blk C Lot 3B R 2103 OOC 003E 1 PO Box 650324 R-6841-000-0060-1 USA Cars Inc. Dallas,Texas 75265-0324 7 Abst 841 Tract 6 3118 Tina Street Oscar Garcia Sachse,Texas 75048-31 10 8 Abst 267 Tract 21 R 6267 000 0210 1 1538 Tanglewood Lane Victor Trevino Garland,Texas 75042-8144 9 Abst 267 Tract 14 R 6267 000 0140 1 231 7 Sylvan Drive Guadalupe Story Garland,Texas 75042-3362 10 Abst 267 Tract 16 R 6267 000 0160 1 2209 Michael Street Estella Humphries Garland,Texas 75040-1300 1 1 Abst 267 Tract 63 R 6267 000 0630 1 402 N. Gaston Drive David Whitmore Wylie,Texas 75098 12 Abst 267 Tract 69 R 6267 000 0690 1 402 N. Gaston Drive David Whitmore Wylie,Texas 75098 13 Abst 267 Tract 20 R 6267 000 0200 1 PO Box 66016 DART Railway Dallas,Texas 75266 14 DART Rail Way Bill Lovil, P.E. PO Box 90 15 SH 78 Texas Dept. of Transportation McKinney,Texas 75069 16 17 1 18 1 7 fv. . 1 , . 7 . -91x7' r i 7 . z' • 7 1 7 z z I z I A-19s1-24 ne• (p I 2 1 ,.,c, 7,.1\ c tt.,„_:,e,,,:_toi,x,,,ivtol, • Ico -'--%04.•N 0.lir '''',70k'I k.4.? .:7•,-;;44X:•,,, 1- I II/ i • Z SW."in'46.$1,1W •• • ..,...„...,. ... -,-..uro,,..1.?- vQg..n.• .• i • "Iiif•- •2,"•-.-- \ Z 2 -.) \ , ' 0 \' 20 \ I A _ I N ., ,F-,, I › ',1,) s E , 0 -' 16 a 1 . L_ i A \\I' C: -: r--, )(,. 3 -oq (i I 1 ......., 00 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 i/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 25,2003.6:00 pm Municipal Complex,2000 Highway 78 North, Wylie.Texas Name: C. )�(0 1 1 :.1 ;z C e/1( / 1,/� (please print) l!J Address: / D / W y S' 7 Li] L/ / ` e i - X 7 o � Signature: 4?o' �� '7� -i .; `� Date: 7- ,,7._ Z- -6 3 COMMENTS: JUL-31-03 02 :37 PM HEATLEY CAPITAL CORP . 972 888 9942 P. 02 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 02003-09, I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 02003.09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting. Tuesday, August 25, 2003, 6 00 put Municipal Complex, 2000 Highway 78North, Wylie,Texas Name: (\A l (please print) Address: 7.49, vial. e._ C. t/'e. ( C`t ram- `152,34 Signature: Date: f i COMMEN S: --`4 bus', fe„/Cc_ ui-Gass Gt(( A(a 1 ° " 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 #2003-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 25,2003,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie.Texas Name: e_71/44 CietV0,0( j (please print) 1 Address: I I C C`EJv 7-u y T Signature: 06 64 � /Ul (i" )•( Date: 14/03 COMMENTS: WYLIE CITY COUNCIL AGENDA ITEM NO. 4. August 26, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development(PD)District for Mixed Residential and Non-residential 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 Volume 5108, Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East, Inc. recorded in Volume 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 2003-08) 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 as well as 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 underground water transmission lines within easements. The properties abutting the subject tract to the south 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. A small property to the northwest of the tract is zoned for Neighborhood Services(NS),but is partially publicly-owner and not developable for private retail uses. Most of the 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 requested Planned Development District is fragmented into several isolated parcels and completely enclosed by these other properties, which are largely undevelopable or already developed. The Concept Plan for the Planned Development District divides the overall property into three distinct tracts along the lines of the other fragmented ownerships and infrastructure corridors. The western tract is defined on the east by the future 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 PD restricts this western Tract 1 to 8,500 square feet Single-Family residential lots to comply fully with the SF 8.5/17 regulations of the Zoning Ordinance and public park land to connect the residential neighborhood to Federal open spaces, as well as some Neighborhood Services (NS) retail to this western Tract 1. The central portion, Tract 2, is 55.5 acres or nearly 46 percent of the total PD area. It 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, patio houses designed to Townhouse regulations and 8,500 square feet Single- Family lots, as well as a public park. The eastern Tract 3, 36.5 acres or 30 percent of the total,is allocated to Single-Family residences on one acre lots. This tract is restricted on the west and north (across Skyview Drive) 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 subdivision. The Conditions of the Planned Development District establish the maximum possible number of single-family residential lots and dwellings at 293, including 80 lots for detached patio houses and/or attached townhouses, 185 8,500 square foot detached lots and the remaining 28 lots of one acre or larger. All residential developments are to comply fully with the standard residential development requirements of the Zoning Ordinance. The proposed Neighborhood Services retail and office uses are located adjacent to the proposed ofthe major thoroughfare Park Boulevard, and abut lands outside of the PD which are already zoned for Neighborhood Services. The PD Conditions require that nonresidential development comply fully with the 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 ofthe Zoning Ordinance. The recent revisions to the Zoning Ordinance were specifically designed to provide such flexibility and thereby avoid the need for PDs, and the subject request requires that all development comply fully with the standard regulations of the Ordinance. The proposal complies fully with all standard regulations of the Ordinance, and could have been packaged as several straight-zoning requests, but such would require exacting land surveys of each independent land use area which is not appropriate at this stage of planning with no guarantee of allowed uses. 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(Tracts 1 and 2)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 (Tract 3). The requested rezoning to smaller residential lots is not consistent with the recommendations of the adopted Comprehensive Plan. However,the Planning and Zoning Commission is in the process of considering potential revisions to the Comprehensive Plan, and envisions a Village Retail Center in the 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(SF 8.5/19)or attached dwellings such as townhouses and multifamily dwellings, are to be located nearest to the office/retail 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 (at 10,000 to 30,000 sq. ft. lots) to Country (1 ac. and larger) Residential. The proposal does generally comply with the Village Center philosophy of the Comprehensive Plan. 3. The applicant desires that the Concept Plan of the PD, although illustrating street and lot layout in some detail, serve as a Concept rather than a Development Plan. Therefore, each phase of development within this Planned Development District shall require the approval by the Commission and Council of a detailed Development Plan which closely conforms to the approved Concept Plan prior to platting and the initiation of construction, allowing reevaluation and the remaining overall scheme. Each subsequent Development Plan review provides both applicant and City an opportunity to modify the overall scheme of the PD. 4. The Subdivision Regulations require alleys within all residential developments. The PD Conditions waives this alley requirement throughout the property. Staff concurs that alleys are not appropriate when lots back onto open space or the railroad corridor as much of the PD land does, nor for residential lots larger than 10,000 square feet. Based on such criteria, few alleys would be required for this PD. 5. The proposal will dedicate approximately 5.5 acres of public park land in several parcels throughout the PD, compared to the 3.2 acres which would normally be required(213 single-family detached lots at 1.5 acre per 100 dwellings— attached Townhouse dwellings are exempted from the park land dedication). On July 28, the Park and Recreation Advisory Board voted 7-0 to approve the proposed concept, with the stipulation that the applicant consider providing parking at the major park and drainage issues related to the pond be addressed. The PARABoard will have an additional opportunity to evaluate the more exact dedication at the time of platting. 6. 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 2.4 dwelling units per acre(293 maximum dwellings on 121 acres). When adjusted for some Neighborhood Retail development, the gross residential density allowed by the PD is 2.5 dwellings per acre(293 units on 116 acres). When the 31.4 acres of adjacent Federal open space (not including any lake front properties across Skyview) are considered, the gross density of the PD will be 1.9 dwellings per acre (352 dwelling on 152.4 acres). If developed according to the recommendations of the Comprehensive Plan, approximately 2.1 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 214 dwellings (or gross density of 1.8 dwellings per acre) compared to the requested 293. 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 SF 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 SF d.u./ac. (980 SF dwellings on 211.5 acres, including 179 acre golf course). 7. In June, the City Council denied (in a split vote) a request by the same applicant for rezoning of the subject property which would have allowed 352 lots or a density of 3.2 dwelling units per acre. The Planning and Zoning Commission recommended approval of that earlier request. The current request attempts to address the earlier concerns of high-density and provides a density closer to that recommended by the Comprehensive Plan. Board/Commission Recommendation At the August 5, 2003 Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of the proposed zoning change. Staff Recommendation Approval. The proposal conforms to the Village Center concept of the Comprehensive Plan, and the proposed density compares favorably to the recommendations of the Plan as well as to other recently approved mixed-use Planned Development zoning. Attachments Ordinance with Conditions for the Planned Development District and Conceptual Plan Location Map Notification List and Map Prep d b R i wed by Finan e Cit an pproval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2003-08 TO PLANNED DEVELOPMENT (PD) DISTRICT FOR 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 Planned Development District for Mixed Residential and Non-residential Uses, said property being described in Exhibit"A",the Planned Development Conditions in Exhibit"B"and the Concept Plan shown in Exhibit "C", attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2003. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Legal Description ZC #2003-08 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, 639.53 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°03'37" 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°04'34"E, 155.30 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 1/2 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 2003-08 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 Public Lands, a railroad yard and corridor, and providing for 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 Residential and Village Center District as set forth in Section 3.1 (SF-1A/26), Section 3.3 Village Residential Districts (TH and SF-8.5/17), 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. 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) Uses per City of Wylie Zoning Ordinance (1) Tract 1 (a) Neighborhood Service (b) SF-8.5/17 (2) Tract 2 (a) Neighborhood Service (b) SF-8.5/17 (c) TH (3) Tract 3 (a) SF-1 A/26 b) Development Standards i) Residential per point requirements for SF-1A/26, SF-8.5/17, and TH contained in the City of Wylie Zoning Ordinance. Figure 3-12 of the City of Wylie Zoning Ordinance shall apply for Country Residential District SF-1A/26. Figure 3-14 shall apply per Village Residential Districts SF-8.5/17, and TH of the City of Wylie Zoning Ordinance. ii) Non-Residential per point requirements of NS. Figure 4-6 through 4-8 of the City of Wylie Zoning Ordinance. c) Residential Density and Lot Requirements: i) Density and Residential Lot mix (1) Number of Residential units: (a) 293 units maximum (2) Distribution of the Single-Family Dwelling Unit types (as specified in the following text: TH, SF-8.5/17, SF-1A/26) shall be distributed as shown on the Concept Plan Exhibit "C". (3) Lot mix for Single Family shall not exceed: (a) 80 — TH Patio Homes or Single Family Attached (b) 185 — SF-8.5/17 Single Family Detached (c) 28 — SF-1A/26 Single Family Detached (d) The overall total number of lots shall not exceed the maximum number of units allowed in this Planned Development. d) Alleys (1) Are not required. EX.SWOLEFAINLT DEVELOPMENT CD E% r� _.. ' ___ .. MANUFACTURED HOME , 1 ESTATEAND COIAAlMGI oW 2W ' DEVELOPMENT ----�ol T ,'CT3 _ 36.'A . LAVON RAxa/ErLEa SF-1 ' CooASIde143 LAKEtAVON U.SA. Vol 714.Pp.041 SKWVIE1N DRIVE 4 PARgAHD USA - _ POND i 1 PAPPLAND i II I �... Vo1714.Pp,ell i t ,s . 014'72* , _ � ItiS ---1.00 Wylie Lakes Y �I � I - A MIXED U6E COMANlMrY CONCEPT PLAN EXHIBIT LCL NORM TENASMUNIC@AL ` .A '• I / JURY 10,2003 WAT®L DISTRICT '. _4 -_ - VoL3713.Pp 471 TRACT 3 �,y�Ltr� 417, 1 55 1 ;;y 185-SF-8.5/17(184 shown) va.., •�•,i3e(Rce..T., 4� 80-TH(77 shown) Palo __ 28-SF-1 A/28(28 shown) __ 293-TOTAL /f_ NORM TEXAS MUNICIPAL WATER DISTRICT 7`T VpL3l3.Pp.433DRCcn7A. Neighborhood Service(Commercial)±5.7 Acres -8 5l--1 Park outside easmerd:±2.1 Acres - Park inside easement:±3,4 Acres i GREG EDWARDS `G ENGINEERING SERVICES,INC. /+ ♦ # 10E1 AMAJDACDURT.PONDER TX 7 350 4�Po:p4y 4$2 O7 P47cD1W 4PE21R3 ',/ tlwW.pemus oog - / gQ" 005 2 i , la' ; , ; I i ; L . I I „/„"„. 1 i ; Sri I ; 1 I ; . ., I ! _„�.� I uo odol.__ tSat,�,Sl , z t -o�o� P__ of . ,.6j ,;�{ jj 4� � ,54 r;. ._.,.._.— i , _. .,..,. irviTipaith7404„7;,,,,,.,:i ,,,,,, _ :._........ r� ri ____,_,:_--___.---.."------:----------. --- I/ 400, •i<4., ifpw..,4=,4!" )77 / 5 i rti a;it'u+'��Utli'y� '!. }i,.e r•� 7 .. / 'iilft 0 sr C rd'+'ykSc•6it'&'llk:6= .{4 iyn.' k 0 ' - _ / ! t',+?4, .) js. r+! r., �s-' Srf'AiIcd-iir rli. »J S` ,Vt.a� .-.11-Y.3cf�ii4a tnr r,titY 1,� / ik j / )ZY�sAytt Mr1.1V.4tMji Lr t�rrt�t+ -- � __ / q4Tnsy./i�t r< Yy,¢r aSrS mil. t !,4 �/�y /�,_. / Z�,''"z3+ Y,X4Iii f r rr S t t'r0.4,k,^, L};_ - *Ter v ' 2 hr k , "r:!/ $Y1•rfl'.F m t Y i3'4 yi i i, r;!r 1, �Yd+'`.� `ctafiwr �s,1( Hti yJl1r j T A'r-' ,!y� S'S t C tt�T j /' a t.k'rP 4, 3'ri r S ti[i>s lvr fit{{t,ry[1 i Y'r' y{�f F 1rijr� r 4.,r.ie.f( 4..,i C, ?;. . t iS t tit '' s )fir �i rr y>rlt i'G y �i f 114 !t t�. t.1:�. ;.. / t f ; '<tA t 4' ` Sri`'Y ') - pa .hainkt t8£ Pooa iunoo }_ t t'} r r r ' 5 .r• fr Ys , `i t�i. ti r;t) ,fE , e (t 4t Ir =t, ` ff 1. , rr `_ Axr1- :� rbC Yt `'F .j2a :''rl S;t if a ! ' t !j's1,�_� j5.'t t,Tt. sSK r _t to st4t $ "9IAA,IS 1 tME=I il 1 Q illinitrilla tie 1 88 se allOaft4g IIIIIiilli 4181049414f# w„ NOTIFICATION REPORT APPLICANT: Allen R. Bussell Greg Edwards Engineering S• APPLICATION FILE #2003-08 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. 5. August 26, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Single-Family 20/21 (SF-20/21), located west of FM 544 and south of the Stoneridge Farms Addition,being a 34.306 acre protion of the tract of land as described in a deed to William L. Collins recorded in Volume 309, Page 285, Deed Records of Collin County, Texas, situated in the A. Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2003-07) Background The subject property was annexed into the City of Wylie on July 9, 2002, and was then zoned Agriculture(A) until an appropriate permanent zoning classification is established. The applicant is requesting rezoning of the 34.306 acre tract to Single-Family Residential(SF 20/21)District in order to develop a subdivision of single- family residences on one-half acre lots. Properties abutting to the north and west are within the City of Wylie, are zoned Single-Family 10/19 (SF- 10/19)District but are developed as the Stoneridge Farms Addition with single-family residences on lots of one acre in size. Properties abutting to the south are within unincorporated Collin County but within Wylie's Extraterritorial Jurisdiction, and are developed with single-family residences on lots of one acre in size as the Twin Oaks Addition. Properties to the east across F.M. 544 are within the City of Wylie and are zoned Planned Development District(PD 2002-21)for mixed uses as the 475-acre Bozman Farms PD. The initial construction of Bozman Farms is underway, with the 96-acre Bozeman Farms Estates Phase I Addition of residential lots ranging in size from 6,300 square feet to 8,400 square feet and the 50-acre Lake Trails of Bozman Farms Addition of lots of 7,900 square feet to larger than 12,000 square feet. Public Comment Forms were mailed to eighteen(18)property owners within 200 feet of this request. Six(6) Comment Forms have been returned at the time of posting, all opposing the request. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Country Residential uses for the subject property. This classification requires lots of one acre or larger, requiring dwellings of 2,600 square feet or larger but allowing rural streets with open drainage. The Plan's philosophy is to provide pedestrian-oriented higher- density residential uses closest to the retail Village Centers, and decrease residential densities(increase lot sizes)through medium-density Suburban Residential to lowest-density Country Residential as the distance from these retail cores increases (requiring vehicular access and circulation). The subject property is located between several proposed retail Village Centers(Ballard Avenue to the west, Troy Road to the east F.M. 544 and Vinson Road to the south and Brown Street and Eubanks Road to the north). The proposed zoning to smaller lots with no retail adjacency does not comply with these recommendations of the Comprehensive Plan. 2. Adjacent properties on three sides of the subject tract are developed with lots of one acre or larger in the Country Residential character as recommended by the Comprehensive Plan. However, the subject property is effectively separated from the larger residences within the Stoneridge Farms Addition to the north and west by an easement for a major electric transmission line which traverses the north side of the subject property and serves as an open space buffer between the two developments. The Bozeman Farms Planned Development District to the east of F.M. 544 allows a potential 1,350 single-family lots ranging in size from 6,000 to 8,500 square feet and averaging 7, 630 square feet overall. However, the smaller lot sizes of the Bozman PD were approved in order to achieve a balance between several environmental challenges and desired public goals of open space and street connectivity across the major floodplains and utility corridors which the subject property cannot provide. 3. The proposed zoning will allow dwellings of 2,100 square feet and larger, comparing favorably to dwellings within the abutting existing subdivisions as well as to the house size required by the recommended Country Residential of the Comprehensive Plan. The size of houses within the Stoneridge Farms Addition to the north average approximately 2,346 square feet and average 1,971 square feet within the unincorporated Twin Oaks Addition to the south. The Bozeman Farms PD to the east ofF.M. 544 establishes a minimum dwelling size of 1,700 square feet. 4. The proposed development will be required to connect all lots to the City sewerage system in some manner. The Stoneridge Farms development within the City is currently served by central sewerage, while the Twin Oaks development to the south within the unincorporated County has individual septic systems on each lot. The closest gravity main available for connection will require an easement across the private lot to the west of the subject property. 5. The subject property is effectively land-locked, with no possibility of street connections into the developed subdivisions to the north, west or south. The applicant contends that the relatively long and narrow configuration of the property makes the development of one-acre lots difficult and still comply with Wylie's Engineering regulations for the length and looping of streets and utilities. However, the proposed Concept Plan illustrating '/2 acre lots also demonstrates that some street and lot layout can be efficiently designed for one acre lots. 6. The attached Concept Plan reflects the anticipated development pattern as well as the design elements anticipated to comply with the flexible development regulations of the Zoning Ordinance. The proposed Concept Plan also suggests locations for dedications of public park land at the F.M. 544 entryways to the Addition and linkage of these by a pedestrian trail system along the internal street system to the open spaces of the Bozman Farms development across F.M. 544 as well as that to Community Park to the west of the Stoneridge Farms Addition. This proposed park dedication and trail plan has not been reviewed by the Park Board and will require approval of a more detailed plan at the platting process. It is the applicant's contention that this open space network better compliments the requested smaller lots than the acreage recommended by the Comprehensive Plan. 7. The Concept Plan also reflects no alleys throughout the subdivision. Section 3.2.B of the Subdivision Regulations requires that alleys shall be required in all residential districts. However,no alleys have been provided within the abutting subdivisions to the north,west or south of the subject property nor are alleys required within the developing Bozman Farms addition across F.M. 544 to the east. Staff supports the absence of alleys within residential subdivisions with lots larger than 10,000 square feet because the normal functions of alleys are handled in other methods, and approval of this requested rezoning will constitute a waiver of the alley requirement for the subject tract. 8. In December of 2002, the City Council denied an application to rezone this property to Single-Family Residential(SF 10/19),which would allow lots of 10,000 square feet and dwellings of 1,900 square feet, because of its deviation from the Comprehensive Plan, concurring with recommendations of denial by staff and the Planning and Zoning Commission. The request has been revised to reflect lots of 20,000 square feet and dwellings of 2,100 square feet, which still does not comply with the recommended one- acre-minimum lots of the Comprehensive Plan. This applicant, as well as several other developers of other tracts throughout the City, allege that there is no market for subdivisions of the larger Country Residential lots recommended by the Comprehensive Plan. They contend that the few who would purchase larger lots desire acreage with an isolated rural character rather than lots within a subdivision of other larger lots. If the Commission agrees with this contention,the Comprehensive Plan and then the Zoning Ordinance should be immediately revised accordingly, and limited Planned Development Districts which reflect the revised philosophy and the market's dictates considered during the interim. Some direction from the Commission is requested. Board/Commission Recommendation At the August 5, 2003 Planning and Zoning Commission meeting,the Commission voted 4-1 to recommend denial of the proposed zoning change as this does not comply with the Comprehensive Plan. Because the Planning and Zoning Commission has recommended denial of the requested re-zoning, the affirmative vote of at least three-fourths(3/4) of the entire City Council will be required in order to approve the proposed zoning change. Staff Recommendation Denial. The proposal does not comply with the recommendations of the adopted Comprehensive Plan nor with existing adjacent development patterns, and the property reflects no physical constraints to development which justify more intensive development than recommended by the Comprehensive Plan. Attachments Ordinance with attached Concept Plan Location Map Notification List and Map, with Responses Pre.:red .y Revie d by Finance City Manage proval 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 2003-07 TO SINGLE-FAMILY 20/21 (SF- 20/21) DISTRICT FOR 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 Single-Family 20/21 District for Residential Uses (SF 20/21), said property being described in Exhibit "A", and the Concept Plan/Zoning Exhibit shown 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 day of , 2003. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Legal Description ZC #2003-07 Being a tract of land situated in the A. Atterberry Survey, Abstract No. 23, Collin County, Texas, said tract being out of a 45.07 acre tract described in Volume 309, Page 285, CCDR(Collin County Deed Records), said tract being the same tract described in Volume 2359, Page 296, CCDR and being more particularly described as follows: BEGINNING at a '/2 inch rod set in the intersection of the South line of said 45.07 acre tract and the West line of FM Highway 544, 100 feet right-of-way (recorded in Volume 568, Page 11), said rod being North 88°21'09" West, 10.02 feet from a 5/8 inch rod found for the intersection of a 2.124 acre tract described in Volume 2683,Page 591, CCDR and the West line of FM 544, 90 feet right-of-way(recorded in Volume 567, Page 594, CCDR); THENCE,North 88°21'09"West, a distance of 1,981.37 feet, along the common South line(as held on the ground) of said 45.07 acre tract and the North line of said 2.124 acre tract, and a 40 acre tract described in Volume 917, Page 312, said 40 acre tract becoming Twin Oaks, an unrecorded subdivision to a'/2 inch rod set in the intersection of said common line and the projection of most Southerly East line of Amended Stoneridge Farms, Phase Ito the City of Wylie, Collin County, Texas, recorded in Cabinet K, Slide 173, CCMR(Collin County Map Records), said rod being South 88°21'50"East, 0.7 feet from a 1 inch shaft and washer found under a metal fence; THENCE,North 00°14'54"East, a distance of 776.36 feet, along said line of Stoneridge Farms,Phase Ito a 1/2 inch rod set for an interior corner of said Stoneridge Farms, Phase I; THENCE, South 88°07'15"East, at 261.73 feet past the most Southerly common corner of said Stoneridge Farms, Phase I, and Stoneridge Farms, Phase II to the City of Wylie, Collin County, Texas, recorded in Cabinet K, Slide 778, CCMR, in all, a distance of 1,752.43 feet to a'/2 inch rod set for the Northwest corner of a tract described in Volume 689,Page 750, CCMR and called to be 1 acre more or less, said rod also being in the South line of said Stoneridge Farms, Phase II and being North 88°07'15"West, a distance of 212.11 feet from a '/2 inch rod found for the Northeast corner of said 1 acre tract; THENCE, South 01°45'59" East, a distance of 205.32 feet to a'/2 inch rod set for the Southwest corner of said 1 acre tract; THENCE, South 88°07'15" East, a distance of 212.11 feet to a'/2 inch rod set for the Southeast corner of said 1 acre tract, and being in the West line of said FM Highway 544 right-of-way, said rod also being the beginning of a transition for 90 to 100 feet of right-of-way; THENCE, South 03°56'39" West, a distance of 100.50 feet to a 1/2 inch rod set at the end of said right-of- way transition; THENCE, South 01°45'59"East, a distance of 463.63 feet to the POINT OF BEGINNING and containing 33.943 acres of land. t 1 1 , , , 11 , .a. ro= ww w . �w m N9000'O0 E 1753' . . es 200 O gr, 16 L. . i GRAPHIC SCALE IN FEET z.er.r. 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RESIDENTIAL Esa+["" MAJOR THOROUGHFARES 20 TOTAL PONs L ARCHITECTURAL REQUIREMENTS ELM Ts WITH saME FLOOR PLAN ;p AND SAME STREET ELEVATON FRONT ED'g'COVER 0 SF 10 CZVERED FaoNr PIX=CN TOTAL POINTS AO Cargill—Cheshier ZONING EXHIBIT t'g REALTY DEVELOPMENT TRUST NLM E. -- 'n Ne"AAPPL '_' CA &Associates,Inc. 34.306 ACRES 02-17 M[PH"CIO_I fl 00 CONSULTING CIVIL ENGINEERS '- CONTACTSDV.eaN.aLT.. ROLLING HILL ESTATES N�MDEa 113 MImee,n.uon.I,Suite Tel -eaa-Ss .D REVswNs NUMBER a DATE , CITY OF WYI.1E, COLLIN COUNTY,TEXAS ! i 1t I ;� \ WIIIIIII 1• i ,I 1,,1 'i!I I is tate 1. wa `o. 111 0® II Subjectiv � III Pro e �. 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(-1 i � r ■■ m ■ �Lila : ,.......„,,,,, , i i _._ . ii ,-,,.:-.A. _ ffi -Fineico hllli!L ,___ , _ //„ ..._ _ L . . . . . , II n (TTT--F LOCATION MAP ZONING CASE #2003-07 NOTIFICATION REPORT APPLICAN1 Realty Development Trust APPLICATION FILE #2003-07 1771 International Parkway, #127 Richardson, Tx. 75081 # :3LK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1 771 International Parkway, #127 1 Realty Development Trust Richardson,Texas 75081 Stoneridge Farms I 811 Oakbrook Drive 2 Blk A Lot 9 R-3718-00A-0090-1 Paul Molesworth Wylie,Texas 75098 Stoneridge Farms I 821 Oakbrook Drive 3 Blk A 10 R-3718-00A-0100-1 Peter Dickenscheid Wylie, Texas 75098 Stoneridge Farms I 901 Oakbrook Drive 4 Blk A 11 R-3718-00A-01 10-1 Jerry Richardson Wylie, Texas 75098 Stoneridge Farms II 911 Oakbrook Drive 5 Blk A 12 R-4003-00A-0120-1 Dion Alvarez Wylie, Texas 75098 Stoneridge Farms II 921 Oakbrook Drive 6 Blk A 13 R-4003-00A-0130-1 Joel Orr Wylie,Texas 75098 Stoneridge Farms II 931 Oakbrook Drive 7 Blk A 14 R-4003-00A-0140-1 David Cannon Wylie,Texas 75098 Stoneridge Farms II 941 Oakbrook Drive 8 Blk A 15 R-4003-00A-0150-1 Larry Jackson Wylie,Texas 75098 Stoneridge Farms II 951 Oakbrook Drive 9 Blk A 16 R 4003 OOA 0160 1 William Murray Wylie, Texas 75098 Stoneridge Farms II 1001 Oakbrook Drive 10 Blk A 17 R-4003-00A-0170-1 Thomas Van Eaton Wylie, Texas 75098 /r Stoneridge Farms II 1011 Oakbrook Drive \ 11 Blk A 18 R-4003-00A-0180-1 James Pearson Wylie,Texas 75098 Stoneridge Farms II 1021 Oakbrook Drive 12 Blk A 19 R-4003-00A-0190-1 Jimmy Dunn Wylie, Texas 75098 Stoneridge Farms II 1031 Oakbrook Drive X.,. 13 Blk A 20 R-4003-00A-0200-1 Gary James Wylie, Texas 75098 Stoneridge Farms II 1041 Oakbrook Drive 14 Blk A 21 R-4003-00A-0210-1 Robert Hall Wylie,Texas 75098 Stoneridge Farms II 1051 Oakbrook Drive 15 Blk A 22 R-4003-00A-0220-1 Scott Mitchell Wylie,Texas 75098 2000 SH 78 North 16 Abst 23 Tract 23 R-6023-000-0230-1 City of Wylie Wylie, Texas 75098 1 771 International Parkway, #127 17 Abst 979 Tract 31 R-6979-000-0310-1 Lt Lake Trails 544 LP Richardson, Texas 75081 Collin County 210 S. 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( -• ' -., --......, 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 #2003-07. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 26,2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: PI\UL ¶ DoRo H`/ M©!_E5id!0R11-1 (please print) Address: 811 °A K-B K(30k DRIVE W'/L 1 i x _'15 018 Signature: 'Qua • ' 1 �^ L 7 J . Date: WI 5 /2 00 3 COMMENTS: 7 e p/`r>f Io s c I c1,cc�c r o'�' Cc>rat f!tf �.0 i� �"4 e reC.OMme�\ at‘,-hO ski s r\,-1 1-L Odor++cl Co(VI 17e � h> tve �A ►1 r W tfh e (5+I,15 ckd, c)cer, ((eve Ivmlvc`1' f4 ( 4 er,5 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 / #2003-07. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 26,2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: CO. I ft Cc,AADv) (please print) Address: 9,3 1 Qu ` b fc5 6 k Prs'it-e wl `cye_ ii( 2S-09r Signature: 6i,,,,Ak_c...z,„...„ Date: O ---t" 3 COMMENTS: F©<<ow `f- e IM4s�er PL1 One gci•e 51'4,es. 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 #2003-07. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 26, 2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: W tLLLkt/t. iktikkAy (please print) Address: 6,j( OW K 6,- LO Y • C Signature: '(I C6. --� ) _ MA !/_ L' iii Date: 77Z 53/(9.5 COMMENTS: l-t 6 i VO13 A L k)rS r\ OF C )jj LY cOcttE, (� )"/Ll i, p(?- (S(O PL4K AR £5 ( NCa(\S (sTelf— ck)ma eTis-t-r \t A AQ_.c= t-o L( utkeKsrots 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 #2003-07. / I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 26, 2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: `X,tSa.t� JALIES -PEAssot-3 (please print) Address: ID C 1 CAk-13 RW I L v�'YuC- �x 'lac-9 Signature• `)E(i)V Q l Date: 8 _S 2 C 1 COMMENTS: d AC RE. G-i 3 0 t�l L I. o (Y`O f� OPSS . % ACRE �. 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 #2003-07. KI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 26, 2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: - —� � i/ CiI/ �Y1 l�S (please int) Address: /v 7/ 067`j !J/(24 Signature: • Date: , �� '— .7,23 y 6,3 COMMENTS: :\Q_Ato e k j C!(Clog. A �rn o, .Q.� 4Z_ /AdtA C U2 City of Wylie Memo To: Mayor, City Council From: Mindy Manson, Assistant City Manager Date: August 22, 2003 Re: Rules and Procedures for Council Meetings Staff has prepared the attached draft resolution that outlines rules, procedures and policies for Council meetings. The resolution formally adopts the Robert's Rules of Order, as well as establishes procedures specific to Council meetings. Please look particularly at Rule 15 which addresses citizen input. This allows citizen input on any and all items considered in a regular meeting. The question to consider is whether the input should occur at the beginning of the meeting during citizen participation, or during the discussion associated with the specific agenda item. This is scheduled for a worksession during the August 26th Council meeting. If you have any questions or need additional information prior to the meeting, please do not hesitate to let us know. 1 DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING RULES OF PROCEDURE FOR THE CONDUCT OF ITS MEETINGS; AND REPEALING ALL OTHER RESOLUTIONS OR PARTS OF RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY WYLIE, TEXAS: Section 1. The following rules of procedure shall govern all meetings and proceedings of the City Council of the City of Wylie, and the conduct of all members and other persons in attendance at such meetings. Rule 1.Meetings, Regular and Special (A) The City Council shall meet in the Council chambers of the City hall on the second and fourth Tuesdays of each month, commencing at 6:00 p.m. In the event a Tuesday falls on a holiday, the meeting for that day shall be rescheduled as determined by Council. Any meeting of Council may be recessed from hour to hour for a period of time not to exceed 24 hours, by an affirmative vote of 4 or more members of Council present at such meeting, and such recessed meeting shall be held without further posted notice. (B) Other special meetings shall be held on the call of the Mayor or of four(4) or more Councilmembers. The agenda for such meetings shall be established at the discretion of those calling the meeting. (C) Special meetings may be held at Wylie Municipal Complex or other location designated by the Council in accordance with charter provision section 3.09. (D) Four Councilmembers shall constitute a quorum for the transaction of business. (E) The Council may retire into Executive Session as authorized by the Open Meetings Act (Texas Government Code Chapter 551). These Rules of Procedure shall apply to the conduct of Councilmembers in an Executive Session, provided they do not conflict with the provisions of the Open Meetings Act. Rule 2.Chairman and Call to Order The Mayor, or in his/her absence the Mayor Pro-Tern, shall preside at all meetings of the Council. If the Mayor and the Mayor Pro-Tern are absent, any Councilmember may be appointed by the Mayor or a majority of the Council to preside. At the hour of the meeting, the Mayor shall assume the chair, call the Council to order, and the City Secretary shall record the roll. Rule 3.Handling of Agenda Subjects The City Council shall be the sole judge of its own procedure and in full control of the business before it. Neither the Mayor, the Mayor pro-tern, nor any Councilmember appointed to preside shall have any power to either recess a meeting or adjourn a meeting, or prevent the City Council from considering an agenda item or lay the same out for consideration, except in strict accordance with Texas Open Meetings Act, the City charter, and as enacted herein. If the presiding officer, whether Mayor, Mayor Pro-Tern, or Councilmember presiding, shall attempt to prevent City Council from taking any action on any agenda item brought before it, any Councilmember present may call for a vote of the City Council to consider the matter. Rule 4.Conduct of Mayor and Councilmembers Any member of the Council, including the Mayor, who fails to observe decorous and orderly behavior during a meeting, or who disturbs a meeting of Council with such disorderly conduct, is subject to being expelled from such meeting upon motion passed by 2/3 vote of the Council present at the meeting. Any member reprimanded by motion or expelled from a meeting by motion who thereafter commits another breach of decorous and disorderly behavior during a subsequent meeting shall be subject to the same power of Council to reprimand him/her, expel him/her from the meeting, or subject such member to complaint, investigation, and conviction of official misconduct. Rule 5.Non-interruption Each member of the City Council shall be permitted to address the chair while either seated or standing, and after recognition shall not be interrupted while speaking without his/her consent. Rule 6.Handling of Question of Order All questions of order shall be decided by the presiding officer with the right of appeal of his/her decision by the City Council, and a majority of the Councilmembers present may over-rule the decision of the chair. When the chair makes a ruling on a point of order and one of the Councilmembers states, "I appeal the ruling of the chair," or words to such effect, no other business shall be transacted until the question, "shall the ruling of the chair be sustained?"is voted on. The presiding officer shall immediately put such question to vote without debate, and, if he/she fails to do so immediately, any member of the City Council may put the question to a vote. R2003-27 2 Rule 7.Procedure for Submitting Agenda Items Any and all ordinances, resolutions or other matters, including all written data, except emergency items, to be brought before the City Council for its consideration by the Mayor or by any member of the Council, shall be submitted to the City Secretary not later than 2:00 p.m. of the Monday,the week preceding the meeting at which the same is to be considered. Rule 8.Motion to Table Since the Council has regularly scheduled meetings, a motion to table, when carried, does not permanently defeat an ordinance, resolution, motion, or other measure. If such ordinance, resolution, motion, or other measure is tabled by a majority vote of the Council, such ordinance, resolution, motion, or other measure, if not sooner removed from the table, must be removed at the third meeting, and acted upon, even if only to place the item on the table again. Rule 9.Procedure to Debate Upon any ordinance, resolution or other measure being laid out, or any motion being made, any Councilmember present, before there is any debate opened on the subject, may make a parliamentary objection to the consideration of the subject which need not be seconded. No debate shall then be permitted, and the presiding officer shall immediately put the question, "shall the objection be sustained"? If the objection is sustained by a vote of two-thirds of the Councilmembers present the ordinance, resolution, motion, or other measure is permanently defeated for that meeting and shall not be debated (except in accordance with Rule 11). Rule 10. Closing of Debate If, during debate upon any ordinance, resolution, motion or other matter before the Council, any member moves that the subject under discussion be put to a vote without further debate (and such a motion need not be seconded), the presiding officer shall immediately ask the Council, "is there any objection to proceeding to a vote on the ordinance, resolution, motion, or other measure before the Council being taken immediately?" If any member objects, the presiding officer shall immediately and without debate put the question, "shall the subject being discussed be put to a vote, without debate?" To a vote of the Council, and if two thirds of the Councilmembers present vote in favor of ordering the vote, debate on the question shall be closed and a vote on the ordinance, resolution, motion or other measure taken immediately. Rule 11. Reconsideration of a Subject When an ordinance, resolution, motion, or other measure of any sort has been placed before the City Council and defeated, the same identical question shall not again be considered by the City Council until ninety(90) days have elapsed. Rule 12. Reducing Motion to Writing R2003-27 3 All oral motions must be seconded before being put to vote by the chair (except where otherwise provided in these rules), and upon request of any other member of the Council, or Mayor, the party making any such oral motion(except a motion to order a vote on a subject being considered per rule 10 or to table, or other such procedural matter) shall reduce the same to writing, or request the City Secretary to do the same. If a motion be made by any member of the Council in writing and filed with the presiding office, it shall still require a second. Rule 13. Secretarial Procedure The City Secretary shall be the Secretary of the Council and shall act as reading and recording clerk to the Council. By his or her signature, the Secretary shall certify the correctness of the minutes and journals, shall record all actions taken by the Council, shall record the vote upon each measure when taken by the ayes and nays, and shall schedule and place on Council agendas, public hearings at the earliest practicable dates and shall perform such other duties as may be required of the City Secretary by the Mayor and the City Council. The City Secretary shall mark the absence of the Mayor or any other member of Council. The City Secretary shall test and attest to the satisfactory operation of the tape recorder, and maintain proper functioning and tape changes as needed throughout the meeting. In the absence of the City Secretary, any suitable person may be appointed by the City Secretary or Mayor to serve as acting City Secretary of any meeting. The City Secretary shall ensure that a certified agenda of any executive session shall be made and shall secure such following each meeting. The City Secretary shall keep a copy of these rules and the charter in the Council chamber, available for reference. Rule 14. Voting All action required of the City Council shall be made by an affirmative vote of four (4) or more members of the Council present at such Council meetings. Excluding conflicts of interest as provided by state law or by City charter, all Councilmembers present at each meeting must vote on each subject presented for Council vote. All votes must be taken in accordance with Section 10, article III of the City Charter. Rule 15. Citizens' Right to be Heard Any citizen shall have a reasonable opportunity to be heard at any and all regular meetings of the City Council in regard to any and all matters to be considered at any such meeting, or such other matters as citizens may wish to bring to Council's attention; provided, however, any matter not posted on the agenda may not be discussed by Council, nor shall any action be taken by Council, except to indicate that the matter may be placed on a later agenda. A time shall be set aside during each Council meeting for the Council to hear from the public, such designated time not to exceed five (5) minutes per person. The Mayor shall retain the discretion to further limit or increase this time for public comments on agenda items. Citizen comments on agenda items will be heard during the discussion of those agenda items. Citizen comments pertaining to none agenda items will be heard during the Citizen Participation portion of the meeting. Any written R2003-27 4 information brought by a citizen pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday, the week preceding the Council Meeting so that staff and council may review the materials. Citizens attending any regularly scheduled meeting may speak before Council by completing a form and presenting it to the City Secretary prior to the beginning of such meeting. Citizens may also request to be placed on the agenda to appear before Council by making a request to the City Secretary prior to any regularly scheduled meeting. Such request must be received by the City not later than two o'clock (2:00) p.m. on the Monday preceding the next scheduled Council meeting. In addition, citizens may request a Council member to place an item on the agenda. It is the Council's goal that citizens resolve their complaints for service or regarding employees' performance at the staff level. However, it is recognized that citizens may from time to time believe it is necessary to speak to Council on matters of concern. In view of that, Council expects any citizen to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending. Any citizen requesting to speak shall limit him or herself to matters of fact regarding the issue of concern. Personal attacks made publicly toward any citizen or city employee are not allowed. Citizens are encouraged to bring their complaints regarding employee performance through the supervisory chain of command in accordance with the City's Personnel Policies. Complaints regarding an employee's performance of duty will not be heard unless it has first been submitted in writing, a written response has been received within a reasonable period of time, and the citizen is still not satisfied with the response. Complaints regarding any matter pending before federal, state, county or municipal court as a result of an enforcement action by a city employee or in a civil suit will not be heard. No member of the public shall be heard until recognized by the presiding officer. Any member of the public interrupting City Council proceedings, approaching the dais without permission, otherwise creating a disturbance, or failing to abide by these rules of procedure in addressing City Council, shall be deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B, Misdemeanor) and, at the direction of the presiding officer, shall be removed from Council chambers by the sergeant-at-arms or other agent designated by City Council. Any citizen shall be entitled to visit City hall, during regular business hours, and inspect all past Council meeting minutes, City audits, and the agenda to be considered by the Council in advance of the meeting and inform himself or herself as to the matters to be considered. Rule 16. Order of Business Unless agreed to otherwise by majority vote of Council, the normal order of business before the City Council in any regular meeting shall be as follows: (1) Call to Order. (2) Invocation. (3) Pledge of Allegiance. (4) Citizen Participation provided in Rule 15. R2003-27 5 (5) Consent Agenda A. Warrants. B. Bids. C. Appointments. D. Matters routine in nature. E. Routine resolutions. F. Minutes. (6) Public hearings- as called. (7) Tabled items shall then be considered. (8) Items for discussion and action shall then be considered. (9) Caption Reading of Approved Ordinances by City Secretary. Rule 17. Order of Business for Special Meetings Unless agreed to otherwise by majority vote of Council, the normal order of business before the City Council in any special meeting shall be as follows: (1) Call to order (2) The presiding officer shall state the purpose(s) of the meeting. (3) No business shall be discussed or acted upon at such meeting unless the subject has been duly posted in accordance with the Texas open meetings act. (4) Adjourn meeting. Rule 18. Suspension of Rules of Procedure Any one or all of these rules of procedure may be suspended in order to allow a particular consideration of a matter, provided that it does not violate the state law or home rule charter, and provided that not less than two-thirds Councilmembers vote in favor of such suspension. Where any rule embodies a provision of state law, identically or in substance, such rule may not be suspended. The requirement of two thirds to suspend a rule shall not apply to Rules 16 and 17, but the order of business may be suspended by a majority vote. Rule 19. Rules of Procedure Except where in conflict with any state law, City charter, City ordinance or the rules of procedure adopted by this resolution, the rules of procedure laid down in Robert's Rules of Order, l 0th Edition, shall govern the proceedings of the City Council. Section 2. City of Wylie, Collin/Dallas/Rockwall Counties, Texas, all other resolutions or parts of resolutions inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED, APPROVED, AND RESOLVED by the City Council of the City of Wylie, Texas on this the day of , 2003. R2003-27 6 John Mondy Mayor ATTEST: Carole Ehrlich, TRMC City Secretary R2003-27 7