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07-22-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex July 22, 1997 6:30 p.m. CALL TO ORDER INVOCATION - Rev. Chancy Gore PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Consider Approval of Minutes for June 24 2. Discuss and Consider Approval of Final Payment of$20,263.34 to Anchor Companies for the Community Center Renovation Project ACTION ITEM 3. Hold a Public Hearing and Consider a Request Wylie/1997, L.L.C. (John A. Baker, Mgr.) for Approval of a Zone Change from "SF-A" Single Family Attached and "R" Retail District to"SF-3" Single Family District for a 6.520 Acre Tract of Land, Located at the Southwest Corner of West Brown Street and Westgate Way, and Further Described as the E. C. Davidson Survey, Abstract No. 266, Part of Tract 34 4. Consider a Request for Approval of a Preliminary Plat Submitted by Wylie/1997 L.L. C. For a 30.991 acre, 113 lot Residential Development Designated as Westgate Phase III & IV Located at the Juncture of Brown Street and Westgate Way Just West of the Westgate Phase I Subdivision STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION 5. Discuss and Review Annual Budget for FY 98 EXECUTIVE SESSION Hold Executive Session Under Sections 551.071 Consultation with Attorney; 551.072 Deliberations about Real Property; and 551.075 Conference With Employees To Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District RECONVENE INTO OPEN MEETING Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT Posted on this the 18th day of July, 1997 at 5:00 p.m. WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO 1 June 24, 1997 Consider Approval of the Minutes for June 24, 1997, Consent Agenda Item No 1 Page 1 Minutes of the Wylie City Council Meeting and Worksession June 24, 1997 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, June 24, 1997 at 7:00 p.m. with the following Councilmembers present: Cleo Adams, J.C. Worley, Wanda Sparks, John Mondy, Reta Allen and Joel Scott. Staff members present were: Mike Collins - City Manager, Mindy Manson - Assistant to the City Manager,Brady Snellgrove-Finance Director, Mike Phillips -Building Official, Greg MacLean- Consulting Engineer with the Hogan Corporation and Rebecca Rogers - Community Development Secretary. CONSENT AGENDA 1) Consider Approval of Minutes for May 27, 1997. 2) Consider Approval of Resolution Authorizing the Requests of the Chamber of Commerce Related to the July Jubilee Celebration July 16-19, 1997. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE REQUESTS OF THE CHAMBER OF COMMERCE IN RELATION TO THE JULY JUBILEE CELEBRATION SCHEDULED FOR JULY 16 THROUGH JULY 19, 1997. 3) Consider the Optional One Year Extension of a Contract with APAC - Texas to provide Asphalt Overlay and Seal Coating on City Streets. 4) Consider Approval for Work Order No. WYL-22 Authorizing the Hogan Corporation to Proceed with the Design of the New 12-inch Water Main Improvements from Newport Harbor Subdivision to Pointe North Subdivision through the Birmingham Farms Area. Adams made the motion to approve all of the items on the Consent Agenda. Allen seconded the motion. The motion was voted on and approved unanimously. CITIZEN PARTICIPATION Mayor Swartz stated that due to the length of the agenda, Citizen Participation was being conducted at this time Ronnie Housewright, PO Box 835, Wylie, Texas 75098 - Mr. Housewright's Minutes of the Wylie City Council,June 24, 1997,Page 1 property has been a home to his family for generations. The extension of Marshall Lane would literally be in his front yard. It would be an invasion of privacy,jeopardize his security and cause undue exposure to public traffic. This is a road that he doesn't want or need. No development in this area at this time, assumes this is to provide access to a piece of property that doesn't have any. Access to this property is stated in the Easement Agreement for Flood Control Structures, recorded in Vol. 488, page 348-350 and in the order of Flood Control Easement is recorded in Vol. 24, page 268. Access to this property is to the east across Muddy Creek to FM 1378. These easements are part of the property's deed and the owner should have been aware of them. City need's take the shortest route if the construction of this road is strictly to provide access for this property owner. Power lines, fences, and gates would have to be moved and the tree lines would have to be destroyed which is a habitat for small animal and birds. Mr. Housewright reiterated that taking part of his front yard would be an invasion of privacy. Provided Councilmembers with legal documents and a video. This situation has gone before and been ruled on by a District Judge. Pat Easterling,Wylie,Texas 75098 - owns the property Mr. Housewright refers to and is familiar with the books and legal documents that Mr. Housewright referred to. The people who previously owned the property made a pact with the U.S. Congress for the water retention. They offered to supply a bridge to the east but did not keep their word. Lawsuits were filed in Federal Court and settled out of court with the legal papers that the County of Collin would provide a road to that property, the same road that the City intends to provide. Mr. Housewright sued the Easterlings so that they can not cross his property and Mr. Housewright landlocked them. Mr. Housewright is also landlocked but Mr. Mannewitz is the only who has access and allows Mr. Housewright access. Mr. Housewright demanded$275.00/month to allow the Easterlings access to their property and when they denied it, Mr. Housewright filed a lawsuit, was ruled on and is now under appeal. Ms. Easterling is providing the Councilmembers with a copy of the Campbell Survey to the West of her property that shows a country lane accessing her property in 1973 by a certified surveyor. Mr. Housewright has never had a survey since he inherited his property. Ms. Easterling was annexed in 1985 and has paid City taxes and has had no city services as of yet. Ms. Easterling wants this road and when Mr. Pa kes was Mayor this road was already planned. She bought this property with the sole 'ntention of providing an equestrian center in 1984. Wcqc'e3 Barbara Mannewitz, 5609 Indian Hill, Garland, Texas - This has already been dealt with in a court of law and Ms. Mannewitz feels that most of this should stay in the legal arena. Her personal opinion is that the issues among the Housewright's, Easterling's and the Mannewitz's are going to be solved in a court of law. There is an ongoing problem that the City and the County have planned to build a road from FM 544 back apparently to where Park Road would come through. Mr. Campbell has approached several property owners indicating an interest in purchasing various parcels of land because he has expressed an interest in developing his property. Ms. Minutes of the Wylie City Council,June 24, 1997,Page 2 Mannewitz has also been contacted by Con Shirley for Mr. Campbell. Instead of having everyone at war with each other, it might be wise to approach Mr. Campbell who wants to develop his property and have the road run along the edge of his property which will benefit him, not cause harm to anyone else and solve the problem of access for the Easterlings. There is a great deal of concern regarding the quality of the road that would be put back there. The City has not taken care of Marshall Lane and it is in worse condition than when the county was responsible for it. These concerns have not been addressed very well, not ignored, just not addressed. The City ought to look for a way to resolve the problem without starting a feud, perhaps by involving Mr. Campbell. No one feels that they have been dealt with fairly and it is still being handled in the courts. It is possible that the Easterlings are in contempt of court by even approaching the City about the road and Ms. Mannewitz would hate • to see the City get dragged into the middle of something really unpleasant. Joy West, 6 Riverview Court,Wylie, Texas 75098 -Has resided there for 7 years. There is a drainage ditch that runs alongside her property. She bought the property in 1990, in 1991 the drainage ditch washed her fence in the backyard. The City came out, took the fence down, put dirt in, and put the fence back up (not as it was before). It is now washed out again and it is no longer just her problem. Everyone along the ditch has problems. It has eroded her property and she had a structural engineer come out and look at the property. He has determined that damage has been done to her property. On July 15, 1996, Ms. West walked all the streets along the ditch and people volunteer to sign a petition for something to be done. There are high weeds and a lot of snakes inhabit that area and she would really like to see something done as soon as possible. Suzanne Housewright, PO Box 835, Wylie, Texas 75098 -Moved here to live in the country to be away from everything and raise their children in a quiet neighborhood. There have been numerous problems over the years and handled as a civil manner. Let's have a win-win situation. Maybe a study should be conducted and have it funded by the City and by the Easterlings, and see what is best for the City. Look at where the revenue and the expense ratio is, water, parking, zoning, etc. should be considered. Look at the bigger picture. No one else present for Citizen Participation. Mayor Swartz stated that this was not an easy situation. The City is between a rock and a hard place. Everyone has very valid points and the City will try to work out the best plan to make everyone happy and settle this. ACTION ITEMS 5)Consider approval of a Resolution for Zoning Classification for"Bed and Breakfast Inn". Mike Phillips, Building Official, presented the details of the request. A request had been received for the conversion of a single family dwelling into a Bed and Breakfast establishment. There is no category in the Zoning Ordinance of the City of Wylie that covered 5 guest rooms or less. The Minutes of the Wylie City Council,June 24, 1997,Page 3 process is the same as what was done last year to identify in what category a "Batch Plant, Permanent" should be placed. Research showed that McKinney and Plano both have the "Bed and Breakfast Inn" classifications but handle them differently as to what locations they are permitted in. City of McKinney uses a Specific Use Permit for every Bed and Breakfast facility while the City of Plano allows them by right in their Business/Government District which is primarily around their old downtown area. The Planning & Zoning Commission recommends the classification of"Bed & Breakfast Inn"be allowed by right in"R",Retail(where hotel/motel is allowed). Boarding/Rooming Houses are allowed under Multi-family zoning and the Board recommended that"Bed and Breakfast Inn"be allowed by Specific Use in Multi-family and Agricultural Districts. The Building Code and the Fire Code draw a line between what is considered a residential type use (5 bedrooms or less). This would allow a single family dwelling to be converted to a Bed and Breakfast facility with relatively little additional fire protection (built in alarms, etc.) Mayor Swartz asked if converted houses would have to be upgraded before they could be opened and Mr. Phillips replied that this was not the case, that the Uniform Building Code recognizes a multi-family dwelling with an occupant load of 10 (figuring 2 people per bedroom). Once the occupant load of 10 is exceeded, the fire and building codes call for fire wall separation and alarm systems. Each sleeping room will have smoke detectors and they will be required to be interconnected so when one goes off anywhere in the house, all of the smoke detectors go off Allen made the motion to approve the Resolution for Zoning Classification for"Bed and Breakfast Inn". Adams seconded the motion. The motion was voted on and passed unanimously. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION PLACING THE UNLISTED USE OF"BED AND BREAKFAST INN" IN "R" - RETAIL DISTRICT AND BY "SUP" - SPECIFIC USE PERMIT IN "A" - AGRICULTURAL DISTRICT AND"MF"-MULTI-FAMILY DISTRICT,PURSUANT TO SECTION 29 OF THE ZONING ORDINANCE. 6) Consider Award of Contract for the Reconstruction of Approximately 1,140 Linear Feet of Alley Between Briarwood and Dogwood (Extended 1997 Alley Improvement). Greg MacLean, Consulting Engineer with the Hogan Corporation stated that the City has originally budgeted$100,000 for street overlay and alley reconstruction portion of the budget to repave alleys in the Butler-Dogwood area of the city. The original contract that was let to L. Smith Contractors was within the City's budget and left a portion of one the alley's unconstructed. Discussion at the last Council meeting entailed possibly reallocating $50,000 from the street overlay program and putting that towards the alley reconstruction in order to finish the alley between Briarwood and Dogwood Streets. When the bids came in, there was approximately $13,900 left over of the $100,000 budget (includes, engineering, surveying and actual construction). Mc. MacLean feels that with the addition of$50,000, the alley construction could be finished all the way to Stone Road. After discussion at last Council Meeting and Council authorizing the reallocation of those funds, bids were advertised for the extension of the alley improvements, the improvements being more than 25% of the budget required sealed bids. Several good bids were received, with the low bid submitted by Allied Builders for$64,211 for the completion of the alley. The grand total for all of the alley construction (including L. Smith Contractors bids of$73,000, the left over amount from the original budget) is $150,265.01. Minutes of the Wylie City Council,June 24, 1997,Page 4 With the$50,000 reallocated from the street overlay fund, it is within $265.01 of that amount. The Hogan Corporation has reviewed the qualifications and references provided by Allied Builders and found them to be a responsive bidder and performed well on similar projects in the area in the past and recommends awarding the contract to Allied Builders for the remaining portion of alley and also for the allocation of$150,265.01 to complete both projects together. Scott made the motion to approve the contract for the reconstruction of approx. 1140 linear feet between Briarwood and Dogwood alleys for$64,211 to Allied Builders. Seconded by Allen. The motion was voted on and passed unanimously. City Manager Mike Collins stated that the residents in the areas that benefit directly from these improvements continue to be extremely patient with the City as well as the contractors. We have received a lot of rain over the last few weeks and that always impacts this type of construction and communication lines need to remain open between the City, the residents, the contractor and BFI to keep everyone updated on progress. 7) Consider Appointments to the Ambulance Advisory Board, Construction Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Dev. Corp. Board, Planning and Zoning Board,Zoning Board of Adjustments and Wylie Economic Development Corporation. Mayor Swartz stated that this was handled differently this year than it had been in years past. When information was gathered from the applicants, they were requested to come in and meet with three of the Councilmembers and the City Secretary and discuss what was involved in being on a Board. Cleo Adams and Councilman Joel Scott were in that group. Scott stated that Mr. Adams, Mayor Protem Mondy and himself spoke to approx.22 - 25 applicants. There were several who were unable to make the appointments, so they interviewed via telephone. Scott was very pleased with this process, it allows to meet the applicants, who they were and what the ideas for growth of the City were, what brought them to Wylie, what's going to keep them in Wylie and what they would change if they could change anything in Wylie. What would be a good balance in the community, would their jobs prohibit them from serving on the boards. Most were new residents (1- 5 years), professional mid-management to upper management, young families, looking to get involved in the city. Because there were only 15-16 positions open, could not give every qualified applicant a position, but they will be kept in line for when a position becomes available. It was found that some people would may be best suited in other positions, some expertise in other areas, that would be best put to use in another position. Mayor Swartz stated the Board who interviewed everyone has come up with their recommendations for each of the Boards and Council will act on these recommendations unless there is someone that needs to be put in that place. Scott mentioned that there were a couple of Boards that the panel felt some concern over and that Staff should look into: Construction Code Board, not using the talent on that board and it can be expanded, not called upon very often; Ambulance Board, not sure where it got started (possibly when public), but can be expanded to make it a Public Safety Board (police, fire and ambulance). The recommendations are as follows: Planning&Zoning Board- Scott made the motion to nominate Ray Capley, Mark Clark and Steve Ahrens for the three expiring positions. Seconded by Worley. The motion was voted on and passed unanimously. Minutes of the Wylie City Council,June 24, 1997,Page 5 Zoning Board of Adjustments - Adams made the motion to nominate Stuart Allison, Gerald Clark and Greg Alford for the three expiring positions. Seconded by Worley. The motion was voted on and passed unanimously. Construction Code Board - Scott made the motion to nominate Dwight Lancaster and Eric Hogue for the two expiring positions. Seconded by Worley. The motion was voted on and passed unanimously. Park and Recreation Board - Adams made the motion to nominate Dan Chestnut, Kerry Carothers and Janice Neely for the three expiring positions. Seconded by Allen. The motion was voted on and passed unanimously. Library Board- Scott made the motion to nominate Tom Proctor, Mary Conely and Shirley Burnett for the three expiring positions. Seconded by Sparks. The motion was voted on and passed unanimously. Ambulance Board- Adams made the motion to nominate Reta Allen, Sharon Trongaard and Kurt Hall for the one expiring position and two additional positions. Seconded by Worley. The motion was voted on and passed unanimously. Wylie Economic Development Corporation- Scott made the motion to nominate John Yeager and Kevin St. John for the two expiring positions. Seconded by Allen. The motion was voted on and passed unanimously. Scott asked that these Boards appointment Chairmans as well as Vice-Chairmans. STAFF REPORTS Collins stated that the McCreary Road Project, originally slated to be completed by the end of June, should be ready by the middle of July. Kreymer Lane and related improvements that affect the Wylie Ranch East subdivision involving proposed drainage and sewer improvements, project was advertised today. Bid opening will occur on July 10 and the next Town Hall Public Meeting for affected residents will be on July 17 to discuss the alternate bid received from the contractors and what the level of participation would be from the property owners and bring that forward to Council for consideration on July 22. A Budget Worksession is scheduled for July 1st and a second Worksession scheduled for July 15. A different approach is being taken for the first Budget Worksession. Very detailed information that can provide some analysis for Council by looking at the previous 5 years of budgets in order to identify any trends in what portion of the budget is going for personnel and what portion is going for other expenses. Personnel services is the most costly and largest percentage of the budget. Then look at the next 5 years, take the current years budget and based on inflationary factors that they are aware(health insurance, worker's comp.), project what that will cost five years from now if no additional personnel were recommended or Capital Expenditures incurred. Discuss where trends are going and share some proposed levels of service from the departments at the first budget meeting on July 1. Look at the calendar for August for the third and Minutes of the Wylie City Council,June 24, 1997,Page 6 last budget meeting. Scott asked if the Kansas City Southern had responded to the Ballard Street crossing problem. Collins stated that they hadn't. Scott would like for KCS to understand that the longer they take to repair that crossing, that they are deteriorating the community's trust in them. Snellgrove reported that the April financial statements showed good trends in revenues, sales tax is up 6%from last year. Amnesty program brought in approximately $5,000 from people with old warrants. Scott asked if the Amnesty program was fairly popular. Snellgrove replied that a lot of cities don't do this yearly. The City does this to clear up the books and get the outstanding ones sent to the collection agency. Scott stated that this program seems very successful. • Mayor Swartz stated that there would be a five minute break and then go into Worksession to discuss two items: 1) Presentation of Independent Audit of Fire Inspection Program, and 2) Presentation and Discussion of City-Wide Drainage Study for the City of Wylie. W ORKSESSION Presentation of Independent Audit of Fire Inspection Program Randy Slack, Sr. Fire Protection Specialist, Plano Fire Department presented the Audit of the Wylie Fire Department Fire Inspection program. Mr. Slack stated that in general the Wylie Inspection Reports were in line with what he found during his inspections. He stressed that the City's inspectors knew their Fire Codes but perhaps a little more diplomacy could be used when conducting inspections. This is something that is obtained with experience in the field. Chief English stated that the City would look into Customer Service type classes for the inspectors. Presentation and Discussion of City-Wide Drainage Study for the City of Wylie Greg MacLean, Consulting Engineer for the Hogan Corporation presented and discussed a city-wide drainage study for the City of Wylie. The Hogan Corporation covered several areas in the City of Wylie that are currently drainage problems, gave possible solutions to correct the problems and outlined the areas which probably need immediate attention and the cost for these improvements. EXECUTIVE SESSION Executive Session was held under Sections 551.071 consultation with attorney; 551.072 deliberations about real property; and 551.075 conference with employees to receive information and question employees regarding pending litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District Executive Session was held under Section 551.072 deliberations about real property for economic expansion along State Highway 78 Minutes of the Wylie City Council,June 24, 1997,Page 7 ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Mayor Jim Swartz Rebecca Rogers, Secretary Recording the Minutes for June 24, 1997 Susan Shuler, City Secretary Minutes of the Wylie City Council,June 24, 1997,Page 8 WYLIE CITY COUNCIL rt/:11 CONSENT AGENDA COMMUNICATION ITEM NO 2 July 22, 1997 Issue Consider approval of final payment of $20,263.34 to Anchor Companies for the Community Center renovation project. Background Competitive sealed bids were solicited and received for the Community Center project. The bid was awarded to the Anchor Companies on November 12, 1996. The renovation of the former Post Office consisting of 4,800 s.f. included the complete reconstruction of two accessible restrooms, the addition of a kitchen, and the provision of meeting areas for the Senior Citizens. The final inspection was conducted on June 6, and was approved by the architect. The Senior Citizens program participants began meeting in the Community Center on June 18 and several special events have taken place in the building. Financial Considerations The 4B Sales Tax provided the funding for the renovation. The original budget amount was $200,000. The construction project was bid at $191,605.00. Change orders to the contract amounted to $11,028.45, bringing the final cost of construction to $202,633.45. The final payment to Anchor is $20,263.34. Please refer to the attached list of change orders. Other Considerations N/A Board/Commission Recommendation N/A Consent Agenda Item No 2 Page 1 Staff Recommendation Staff recommends the approval for final payment to Anchor Companies in the amount of $20,263.34. The contractor has satisfactorily fulfilled the terms of the contract. Attachment List of Change Orders Final Payment Request ta.A1 /‘‘.1 Tn:/tL 064044, Prepared Finant Dept Appro al City Manager Approval Consent Agenda Item No 2 Page 2 Change Orders - Community Center Renovation Change Order #1 - 3/3/97 $2,099.00 Increase Bonding to 100%. The contractor, in identifying possible deductions at the request of Council, suggested reducing the performance bond to 50% of the contract price. This was not a viable deduction. hange Order #2 - reed 4/8/97 $485.00 Construction of landing & sidewalk between the ramp and parking lot at the rear of the building. Change Order #3 - reed 4/8/97 $325.00 Move interior structural support post - post not known about until demolition. Chanae Order #4 - reed 4/8/97 $390.00 Fill & seal wall penetrations to avoid drawing air from exterior. Change Order #5 - reed 4/8/97 $685.00 Remove existing ceramic tile in restrooms - level and float floors. Removal of tile more difficult than anticipated because of type of mortar. Change Order #6 - reed 4/9/97 $965.00 Build a 2' x 18' wall over windows on the west side of the building. Demolition of awning on exterior left an opening which had not been anticipated. Change Order #7 - reed 4/9/97 deduct $200.00 Change in door frames to less expensive options. hange Order #8 - reed 4/9/97 $2,657.65 Asbestos abatement. Change Order #9 - reed 4/9/97 $3,095.00 Demolition-of wood frame for asbestos board, replacement of materials with wood panels. Change Order #11 - rec'd 4/10/97 deduct $200.00 Delete hot water circulating pump Chanae Order #12 - reed 7/8197 $726.80 Add molded cap rail to all new exterior hand rails. Anchor Company suggested Change Order #10 for $1,885.00 that is simply a cosmetic improvement to the interior. In light of the asbestos costs, this suggested Change Order was not approved. APPLIC" ‘)ON AND CERTIFICATE FOR PAYMENT PAGE 1 OF 2 TO(OWNER). City of Wylie PROJECT: Wylie Community Building APPLICATION NO: 6 DISTRIBUTION TO: 200 HWY 78 North 100 W.Oak 0 OWNER Wylie,TX 75098 Wylie,TX 75098 PERIOD TO: 6/13/97. 0 ARCHITECT 0 CONTRACTOR FROM(CONTRACTOR): Anchor Companies (ARCHITECT) Creative Architects&Planners ARCHITECTS 1804 Avenue G 1026 Creekwood Dr PROJECT NO: Piano,TX 75074 Garland,TX 75044 CONTRACT FOR: Remodel the Community Center i CONTRACT DATE: 1/23/97 Application is made for Payment,as shown below,In connection with the CONTRACTOR'S APPLICATION FOR PAYMENT Contract. Continuation Sheet is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $ 191,605.00 Change Orders approved In ADDITIONS DEDUCTIONS 2.Net change by Change ORDERS $ 11,028.45 previous months by Owner 3.CONTRACT SUM TO DATE $ 202,633.45 TOTAL $10,301.65 $0.00 4.TOTAL COMPLETED&STORED TO DATE $ 202,633.45 Approved this Month (Column G on Continuation Sheet) Number Date Approved 5.RETAINAGE: a. 10 %of Completed Work $20,263.34 12 $726.80 (Column D+E on Continuation Sheet) b. 10 %of Stored Material $0.00 (Column F on Continuation Sheet) TOTALS Total Retainage(Line 5a-5b or Total Net change by Change Orders $11,028.45 in Column I on Continuation Sheet) $ 20,263.34 6.TOTAL EARNED LESS RETAINAGE $ 182,370.11 The undersigned Contractor certifies that to the best of the Contractors knowledge, (Line 4 less Line 5 Total) information and belief the Work covered by this Application for payment has been 7.LESS PREVIOUS CERTIFICATES FOR $ 176,694.88 completed in accordance with the Contract Documents,that all amounts have been PAYMENT(Line 6 from prior Certificate) paid by the Contractor for Work for which previous Certificates for Payment were 8.CURRENT PAYMENT DUE $ 5,675.23 issued and payments received from the Owner,and that current payments shown 9.BALANCE TO FINISH,PLUS RETAINAGE $ 20,263.34 '" herein is now due. (Line 3 less Line 6) CONTR OR' NC C A 4/7' Tat �~ Of: ,,/B "Y'v :A-:, ITT ..LUCA ,_ ty CDCY Date: u.s rend ,., ', : ... .,-. 19\Cdoa;n y bi i ' n expire .. '4 g ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUN�CERTIFIED 5 $ Ji G? .23 In accordance with the Contract Documents,based on on-site observations (Attach explanati if a unt ified di rs from the amount applied for.) and the data comprising the above application,the Architect certifies to the ARCHITECT: Owner that to the best of the Architect's knowledge,information and belief By: Date: 7//4,, the Work has progressed as indicated,the quality of the Work is in accordance This Certi&ate is not negotiable. The AMOUNT CERTIFIED is payable only with the Contract Documents,and the Contractor is entitled to payment of the to the Contractor named herein. Issuance,payment and acceptance of payment are AMOUNT CERTIFIED. without prejudice to any lights of the Owner or Contractor under this Contract. CONTIN ON SHEET PAGE 2 OF 3 APPLICATION NUMBER: 6 APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION DATE: 6/13/97 Contractor's signed Certification is attached. PERIOD TO: '6/13/97 In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. A B C D E F G H I ITEM DESCRIPTION SCHEDULED ; WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. OF WORK VALUE FROM PREVIOUS THIS PRESENTLY COMPLETED (G/C) TO FINISH APPLICATION PERIOD STORED(NOT 8 STORED (C-G) IN D OR E) TO DATE . (D+E+F) 1 Bonds $2,925.00 $0.00 $2,925.00 $0.00 $2,925.00 100% $0.00 $292.50 2 General Conditions $18,030.00 $18,030.00 $0.00 $0.00 $18,030.00 100% $0.00 $1,803.00 3 Demolition $2,600.00 $2,600.00 $0.00 $0.00 $2,600.00 100% $0.00 5260.00 4 Concrete $7,535.00 $7,535.00 $0.00 $0.00 $7,535.00 100% $0.00 $753.50 5 Frame/DrywalUAcous $11,695.00 $11,695.00 $0.00 $0.00 $11,695.00 100% $0.00 $1,169.50 6 Milwork $5,845.00 $5,845.00 $0.00 $0.00 $5,845.00 100% $0.00 $584.50 7 Compositin Roof $325.00 $325.00 $0.00 $0.00 $325.00 100% $0.00 $32.50 8 Doors $3,695.00 $3,695.00 $0.00 $0.00 $3,695.00 100% $0.00 $369.50 9 Door Frames/Hardware $5,050.00 $5,050.00 $0.00 $0.00 $5,050.00 100% $0.00 $505.00 10 Access Doors $195.00 $195.00 $0.00 $0.00 $195.00 100% $0.00 $19.50 11 Storefronts/Mirrors $7,235.00 $7,235.00 $0.00 $0.00 $7,235.00 100% $0.00 $723.50 12 VCT/Base $6,630.00 $6,630.00 $0.00 $0.00 $6,630.00 100% $0.00 $663.00 13 Carpet $390.00 $390.00 $0.00 $0.00 $390.00 100% $0.00 $39.00 14 Ceramic Tile $1,190.00 $1,190.00 $0.00 $0.00 $1,190.00 100% $0.00 $119.00 15 Tape/Bed/Tex/Paint $6,775.00 $6,775.00 $0.00 $0.00 $6,775.00 100% $0.00 $677.50 16 Toilet Part/Access $2,575.00 $2,575.00 $0.00 $0.00 $2,575.00 100% $0.00 $257.50 aM 17 Signs $195.00 $0.00 $195.00 $0.00 $195.00 100% $0.00 $19.50 18 Plumbing $23,575.00 $23,575.00 $0.00 $0.00 $23,575.00 100% $0.00 $2,357.50 19 Electrical $32,490.00 $32,490.00 $0.00 $0.00 $32,490.00 100% $0.00 $3,249.00 20 HVAC $38,525.00 $38,525.00 $0.00 $0.00 $38,525.00 85% $0.00 $3,852.50 21 Window Film $390.00 $390.00 $0.00 $0.00 $390.00 100% $0.00 $39.00 22 Fire Extinguishers $360.00 $0.00 $360.00 $0.00 $360.00 100% $0.00 $36.00 23 Rails $2,285.00 $2,285.00 $0.00 $0.00 $2,285.00 100% $0.00 $228.50 24 Stucco $4,715.00 $4,715.00 $0.00 $0.00 $4,715.00 100% $0.00 $471.50 25 Masonry $6,380.00 $6,380.00 $0.00 $0.00 $6,380.00 100% $0.00 $638.00 26 Change Order 1 $2,099.00 $0.00 $2,099.00 $0.00 $2,099.00 0% $0.00 $209.90 t' CONTINUATION SHEET PAGE 3 OF 3 APPLICATION NUMBER: 6 APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION DATE: 6/13/97 Contractor's signed Certification is attached. PERIOD TO: 6/13/97 In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. A B C D E F G H I ITEM DESCRIPTION SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. OF WORK VALUE FROM PREVIOUS THIS PRESENTLY COMPLETED (G/C) TO FINISH APPLICATION PERIOD STORED(NOT &STORED (C-G) IN D OR E) TO DATE (D+E+F) 27 Change Order 2 $485.00 $485.00 $0.00 $0.00 $485.00 100% $0.00 $48.50 28 Change Order 3 $325.00 $325.00 $0.00 $0.00 $325.00 100% $0.00 $32.50 29 Change Order 4 $390.00 $390.00 $0.00 $0.00 $390.00 100% $0.00 $39.00 30 Change Order 5 $685.00 $685.00 $0.00 $0.00 $685.00 100% $0.00 $68.50 31 Change Order 6 $965.00 $965.00 $0.00 $0.00 $965.00 100% $0.00 $96.50 32 Change Order 7 ($200.00) ($200.00) $0.00 $0.00 ($200.00) 100% $0.00 ($20.00) 33 Change Order 8 $2,657.65 $2,657.65 $0.00 $0.00 $2,657.65 100% $0.00 $265.77 34 Change Order 9 $3,095.00 $3,095.00 $0.00 $0.00 $3,095.00 100% $0.00 $309.50 35 Change Order 11 ($200.00) ($200.00) $0.00 $0.00 ($200.00) 100% $0.00 ($20.00) 36 Change Order 12 $726.80 $0.00 $726.80 $0.00 $726.80 100% $0.00 $72.67 :M $202,633.45 _ $196,327.65 $6,305.80 $0.00 $202,633.45 100% $0.00 $20,263.34 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 3 July 22, 1997 issue Hold a Public Hearing and consider a request from Wylie/1997, L.L.C. (John A. Baker, Mgr.) for approval of a zone change from "SF-A" Single Family Attached and "R" Retail District to "SF-3" Single Family District for a 6.520 acre tract of land, located at the southwest corner of West Brown Street and Westgate Way, and further described as the E.C. Davidson Survey, Abstract No. 266, part of Tract 34. Background Wylie/1997, L.L.C. has acquired the undeveloped property contiguous to the west of Westgate subdivision and bordered by Brown Street and Westgate Way. The applicant has submitted a preliminary plat for the development of the 23.477 acres of the property that is currently zoned "SF-3", Single Family District and seeks to develop the entire tract as "SF-3". The two tracts under consideration for the zone change request are approximately 3.87 acres of land zoned "SF-A", Single Family Attached and 2.65 acres of land zoned "R", Retail. These two areas make up the front 250 feet of property that is immediately south of Brown Street. The zoning on this property was established in 1984. The Comprehensive Land Use Plan calls for the predominant land use for the City of Wylie to be low density residential. The Plan also calls for commercial development to be centered at arterial intersections and along major thoroughfares. Brown Street and FM 1378 is such an intersection. The existing commercial development and available commercial zoned land at Brown Street and Winding Oaks Drive should be adequate to provide the necessary neighborhood retail and commercial services. The Land Use map designates this area as low density residential which supports the requested zoning. The existing portions of the Westgate I Subdivision and adjacent Rustic Oaks Subdivision are zoned as "SF-3" and the Westgate II Subdivision was developed as a Single-Family 3 Planned Development with slightly reduced setback requirements. The zone change being requested would comply with the Comprehensive Land Use Plan and would allow this subdivision to be fully developed in its existing majority use. Westgate Way serves the function of a residential collector at this point. With the elimination of the commercial zoning, it would continue to perform well without the additional traffic that commercial development would cause at the intersection of Brown Street and Westgate Way across the street from Birmingham Elementary. Action Agenda item No 3 Page 1 Board Recommendations Planning and Zoning Commission recommended the City Council approve the zone change request at their July 7, 1997 meeting by a vote of 6-0 (one member absent). Financial Considerations The Zoning Application fee of $250.00 has been paid. Legal Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendations Staff recommends approval of the Zone Change Request. This request conforms to all regulations and requirements of all City ordinances. Attachments Zone Change Application Public Hearing Notice Property Owners List and Responses Location Map Area Zoning Map. C(..A--a, frei.e, �/ Cee i1 Prepare by Revi d by Finan e City Manager Approval Action Agenda Item No 3 Page 2 Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee $225.00 Date May 30 , 1997 Applicant WYLIE/ 1997, L. L. C. Phone No. 972-387-9200 John A. Baker, Mgr. Mailing Address: Work No. 972-387-9200 12890 Hillcrest , Suite 106 Dallas , Texas 75230 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 I hereby request that the above described property be changed from its present zoning which is SFA, Reta i 1 District Classification to " 3 District Classification for the following reasons: (attach separate sheet if necessary) . To develop a single family residential product There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner X Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. WYLIE/1997 , L. L.C. Signed/ o n A. Baker, Mgr. Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. cK.1 saaca) • f _ • T PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday July 7, 1997 at 7:00 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, July 22, 1997 at 7:00 p.m. in the City Council Chambers in the • Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SFA and R to SF-3 for a 6.520 acre tract of land, located at the southeast corner of West Brown Street and Westgate Way, and further described as follows: The E.C. Davidson Survey, Abstract No. 266 Part of tract 34 As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Westgate Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. • • 2. 3. Signature Printed Name Address 2000 Highway 78 North•Wylie.Texas 75098• (9721 442-8100•Fax(972)442-4302 NOTIFICAT1LA REPORT APPLICANT: 112►VY` 2(vlel.r( Pk- APPLICATION FILE# 2CVle. CA - v\ ( Name &Ad ss y / �, SFAI 12. tb S. 3 ATTORNEY, AGENT: Name &Address t BLK/ABST LOT/TRACT SUBDIVISION - PROPERTY OWNER NAME ADDRESS 1 ICI ( (; A n ;;c2:t 921 I 20 2 U 05(4 rz(��l or-l-ov� Frw , Ste /oz. '� �M �x112 � r� 'Pa l(as Tx �5228 - y I 2I 2 2«l. V ar6 $Aief I poi Tr T-a f� Dr Wr 1 22 M Cv\fcr-- 203 Gov fri a-a.t-G )4r- W 7- 7 ► 2 11 Phi LIip Johns- Dv) 70c ersonv► llf Lri (,v i I& 2. It Pel-er L. klas -/oQ. A ersonville (,r) w I 11 R. 2c..c-'(-) M (r_ k_,(0. 5 -70co Avver5fmnvillf Ln ', I 2 I` v(1i I Thiov los eersori vi Ile Lr) 1 i ct Q '` S- .ri- Jar+- 1 t D c eJ o(v 11 e (Y7 fi go 12 'r -A 1/G21lr your- "112 k er asv► 1I c Cr) 1' Cr p, I • Ootvior1 146wa.S (11 (_ A d ers(w v i He e Ln ft 22 2 llniGv- `);v4.-c-a ( i 1 i(0 PsIA.6.er$ ,\/, L(e Ln 23 2 II • V ir,l aef °A.r,,vieci Is / ,yam errs v i f I e (i 7 2 , 2 'r Owl mA >cam'' 2 /N/ c.ersoy\v i 1 I e b _If 25 Q AavA D. Q. pwlor v i (le Lnt, 2(0 2 rd Per ts-Ea s_ So G -lend&ram,,v t 1 le L 0-6) NOTIFICATI � 114 REPORT APPLICANT: APPLICATION FILE# ��A1 2 T SFJ - Name &Address ATTORNEY, AGENT: Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 1 2-1 e A/e5-' �e , D3V i0 i er So8 A-Mer U i I I e, C 2,p)2 Poi2et-- F)D Uo eis s( sfrj Jr .0I o scrn v j ( Ie Lic) S I R i t J We S Uj i 2-02 -"ow a.fe, ( 2 2 14 ram 4-- (zi_Rue., 205 5rowiii-ovvn 9 G 2 '' w i LI iav\ l S . %)o'nT 2o2 rDw, vvc7 7 2 f t OS- ovi Cooneq ' c( /-vderc vi (le Li) It Bi2 '' W CavD 'Z't 41r)cte -5 Vifle, Li 01 Q (Yo,a__ c i5e o •1 A 6(3orn u i I I e ( r) 10 R , flvv-'i Li, Cored lobAyr .cfc 1 l e Ln ( 2 I 02,6tA3 4 (,1r'(%fl T)vIV-M' PA--). w?Tx-7co<< 3 - 205 2 • 0outico- 2 Lies (pt.5 oat I abp(a)() L. need (0I I og__ St. 14 D-IavI A . Drovin c v ile H ( S (I L Y ,`r, L . l./i c)a`' 1 lol� ek V v l , l1Y) 1v ` I� [ (p '` �Jck \rcC D. ,/\ee.>s 3A� . V7R- r'" C4r I�lv�o `fix ?SDZ3 - �4 1 - II . �uv16 'cro p- . (n(� �smw< <le Ln lC� • NOTIF1CATIvil REPORT APPLICANT: t ()1 UV `, eer v APPLICATION FILE# F 2 S�" J � &Address ATTORNEY, AGENT: Name &Address i BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS I ) I Wetd-6 12fLl G 2e iti�� ( ( c W oi-e v\/o/2 " (i 2abe Ii�n k. e H e i� V Ne s -? ,�- IN i e i/, � G CJ 3 14e� VaAnaoo\r_4Ito We 0.-he N f, z 11 I i d R . 'Fccse- /) 1 oo Vies arc- \Afaiva- t( S t, Lcyrcri 4aas-e loco 1/51-- cure w If Co ►, Jo . ( en awl/ w JC l CL w e,Si- ,I-e w tt "1 r - (( c, L. • 10'2 :,0e4--bcd-eV il 5 lc Lida. J 7ar s 0 .1-e, 1'1 SQ II 4°.kii VA q(1(11 (005 G6i7e-vuoal b2AAc, v z__ ik SCn-.---, 6(i vne.e) (0o CD-a--e vla 3�►� ,, 9 1` - aucir- iLI iSQn (o (C. i\licke(v< I e_ Cr) << (o ri VU CJel pc.{ndo V < (0[ 2 K i cz.e I v i [i e Ln I?) I C. i T.eya ( A _5 t( Q Ale, -iykit I I, � PreV OU 1-7oo id or-l1f,a ve r2.A. Pt ql, p t Q.lph ' i\nk.L s T)L \ln D `rx S23D 3'224 A 2(0(.p 15 Il0-F in C Lomstts ' . - y Ci-3 NOTIFICATIv)I REPORT APPLICANT: 1 1 APPLICATION FILE# SEA) 33 N e &Address ATTORNEY, AGENT: • Name &Address • BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS A %Co ?OA eh Finkcas SseC previo ,s 2 (.I Li 1S k or-/k A 2CoCv 974-ti? Vey'--ure see, pr-ev Lous. l Crtuf Niel PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday July 7, 1997 at 7:00 p.m. and if action is taken,•the City Council will hold a Public Hearing on Tuesday, July 22, 1997 at 7:00 p.m. in the City Council Chambers in the • Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SFA and R to SF-3 for a 6.520 acre tract of land, located at the southeast corner of West Brown Street and Westgate Way, and further described as follows: The E.C. Davidson Survey, Abstract No. 266 Part of tract 34 As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. : • RE: PZ/CC - Westgate • Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N Wylie, Texas 75098)i . . I am in favor of the request f th easo -listed-blow ❑ I am opposed to the request for the reasons listed below 1. 2. 3 . Signature Z'\9,1 t I `-'1.i(/y Lo Printed Name £7i z hQh Address . 6 /C/ • 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 • -! i--- ` PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday July 7, 1997 at 7:00 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, July 22, 1997 at 7:00 p.m. in the City Council Chambers in the • Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SFA and R to SF-3 for a 6.520 acre tract of land, located at the southeast corner of West Brown Street and Westgate Way, and further described as follows: • The E.C. Davidson Survey, Abstract No. 266 Part of tract 34 1 • As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. • • • RE: PZ/CC - Westgate .-. Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N Wylie, Texas 75098 AI am in favor of the request for the reasons listed below am opposed to the request for the reasons listed below - 3. . Signature A /�:e216(_e_ Printed Name U//E6- 4 LG/) Address 7O (��U�•'�w�-�/ • 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100•Fax(972)442-4302 Crof-Wylie- PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday July 7, 1997 at 7:00 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, July 22, .1997 at 7:00 p.m. in the City Council Chambers in the • Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SFA and R to SF-3 for a 6.520 acre tract of land, located at the southeast corner of West Brown Street and Westgate Way, and further described as follows: The E.C. Davidson Survey, Abstract No. 266 Part of tract 34 As an interested property owner, you are encouraged to attend this meeting or notify the 1 Commission of your feelings regarding this matter in writing by returning the form below. • RE: PZ/CC - Westgate Return this form to : Mike Phillips, Building Official 2000 Hwy: 78 N Wylie, Texas 75098 . ❑ I am in favor of the request for the reasons listed below .1V I am opposed to the request for the reasons listed below 1. �Rc,c1f4)fF -to -7/"`r) 3 y/_) 57:-7 7? ter • 2. .S �/ .) to e «.L 3 /-)7 r;E'c-- SQL-)�'� 3/ y v 6_,t,•.s 2`i 3. Signature, A-- Printed Name STUART ALLISON 614 NICKELVILLE LN. Address WYLIE,TX 75098 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972).442-4302 ii/ • \`` till/ • •K . • PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday July 7, 1997 at 7:00 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, July 22, 1997 at 7:00 p.m. in the City Council Chambers in the • Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SFA and R to SF-3 for a 6.520 acre tract of land, located at the southeast corner of West Brown Street and Westgate Way, and further described as follows: LJ` The E.C. Davidson Survey, Abstract No. 266 fr Part of tract 34 • As an interested property owner, you are encouraged to attend this meeting or notify the - , Commission of your feelings regarding this matter in writing by returning the form below. • RE: PZ/CC - Westgate - Return this form to : Mike Phillips, Building Official • 2000 Hwy. 78 N Wylie, Texas 75098: ❑ I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below ie 1. P4(9fi-t-4-7 ���. � , , , /C?.. � (I/ 51: • 2. S/c•-moo Ay-Ace, C-'-n�v -u cr Lx:�, ,�• ; ca„ 3?-try,—` -Q,uLt L c--� v //-L`'�� �G-'7`-�id.�-�{z-..� vim_���r•u},� � l�..l..0 .C �Ly /J , Signature Printed e �-'v���nGvi��r�a Address /0c-/ //(A.5-7- dT� R-1/4--Y • 2000 Highway 78 North •Wylie.Texas 75098•(972) 442-8100• Fax(972)442-4302 111.J.-ri 7.; Li • Crtof Wyf le PUBLIC HEARING NOTICE • The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday July 7, 1997 at 7:00 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, July 22, 1997 at 7:00 p.m. in the City Council Chambers in the • Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SFA and R to SF-3 for a 6.520 acre tract of land, located at the southeast corner of West Brown Street and Westgate Way, and further described as follows: • The E.C. Davidson Survey, Abstract No. 266 . Part of tract 34 As an interested property owner, you are encouraged to attend this meeting or notify the • Commission of your feelings regarding this matter in writing by returning the form below. • RE: PZ/CC - Westgate Return this form to : Mike Phillips, Building Official• . 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below1. • • . 1 ,J.e )'u 3. Signature Printed Name Et / _ • - Address \\_)• W• W 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100•Fax(972)442-4302 ,-. /// / .2.1..: f„,'-3 ,24 . 3 : --- --;5 "215 — '21 •J6 ) i - / , *.__ 7 4.. .23. ......f..i_ :23-,, .`?-..". ,----A •i--.6 yr, .,.,_ .,_1...,z;,---.F--. -3-,0-. ...-_-_:: -2; _,.... Y4,6, . 4;',) • i: ,7. , ./..„.--_,- .,- -2 -..:'L., .2..• ---;57-: ' :22_,-.13:• ...j.• ___:. .2‘8.!•1 sell.- / / — ' — .30' • . 2?„. gj9 --- . ....101 / / . __..- ---. . ......_ , O... • ),A. 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F —AN � � • 9, . . !II , = "�84 -3 n o M � 5 - 3 0• • .... . -N in I (I — . . - p _ Imo- la L 4 6 ` mire 1 — — — — 1j - - - arailvilUlt, LI i , 3 � r� i•� ri e ,-li . • • ... nw� Elm,'. j' i - T ,-" 4 111.. ..:,„..... ... 1 i 1 I J' f ♦ _-,' wvois> f:� i i.:_ j 11 is... ,:zt n1 imp` ,-- 1 - I ` , a.' •Iiitfcli uaal 1.1 gE 111 P'.11 I I 1 a ID C 7 ..>` WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 4 July 22, 1997 Issue Consider a request for approval of a Preliminary Plat submitted by Wylie/1997 L.LC. for a 30.991 acre, 113 lot residential development designated as Westgate Phase Ill & IV located at'the juncture of Brown Street and Westgate Way just west of the Westgate Phase I subdivision. Background A portion of the property, 6.52 acres, was before the Council for a zone change request during the Public Hearing session of tonight's meeting. Wylie/1997 L.L.C. has expressed their desire for the Preliminary Plat approval to go forward even if the Zone Change is denied. Per the City of Wylie's Subdivision Regulations, an owner or developer must follow specific procedures when subdividing for development of any lot, tract or parcel of land within the Wylie City Limits (or within its extra-territorial jurisdiction). These procedures involve the approval by the Planning and Zoning Commission (P&Z) and City Council of a Land Study, Preliminary Plat and Final Plat respectively. The Westgate Subdivision Preliminary Plat, which would be comprised of multiple phases when ultimately built out, was introduced to the City in 1985. At that time, a Land Study was not required. The original Preliminary Plat for the Westgate Subdivision included the entire development in its original zoned condition. The original subdivision contained the following zoning districts: "2-F', Two-Family, "SF-A", Single-Family Attached, "R", Retail and a majority of "SF-3", Single-Family. The area now designated as Westgate Phase I maintained and was developed as "SF-3" zoning. A portion of Phase I (Towngate, Gateway, Browntown and portions of Andersonville and Westgate streets)was replatted and rezoned as "PD", Planned Development (SF-3). Westgate Phase II was also platted with zoning that matched the "PD" zoning in Westgate Phase I. The "PD", approved in 1993, called for smaller lot area minimums (6,200 sq. ft. versus 7,200 sq. ft.), smaller front and rear yard setbacks (20 feet versus 25 feet), and smaller side yards (5 feet versus 6 feet) than standard "SF-3" criteria. This allowed for development of single family houses on the smaller, original "SF-A" and "2F" zoned lots without a major reconfiguration of the existing Preliminary Plat. Although the street layout differs from the original preliminary plat, the majority of this plat is for the development of the original "SF-3" zoning. It allows for a continuation of that zoning into the two parcels to the north, assuming the zone change request is approved. Since this was a portion of the original preliminary plat from 1985, a land study was not required. Action Agenda Item No 4 Page 1 Background-continued The purpose of the Preliminary Plat is to provide sufficient information to allow the City staff to review a general plan for the development of a property and make recommendations. The Preliminary Plat is a general plan which shows the location of the proposed development, topographic contours, arrangement of streets, alleys and lots, existing and proposed municipal facilities (water & sewer), drainage areas, and other important features. The Preliminary Plat must conform to the Comprehensive Land Use Plan and development ordinances of the City. The Community Development Department must determine that all necessary information has been submitted and recommend approval before the Preliminary Plat is considered for approval by the Planning & Zoning Commission. After P&Z approval, it will then go before the City Council for their approval. Approval of the Preliminary Plat by the P&Z and City Council constitutes authorization by the City for the developer to submit application for approval of a Final Plat subject to compliance with any conditions attached to the approval of the Preliminary Plat. This property is located at the juncture of Brown Street and Westgate Way just west of the Westgate Phase I subdivision and is zoned SF-3. The subdivision will closely resemble the existing Westgate Phases I & II. In reviewing the Preliminary Plat, the lot dimensions meet SF-3 criteria. This proposed development meets the criteria set forth by the Comprehensive Land Use Plan in regards to the location and type of residential development. The general layout (streets, lots and utilities) meets development standards as set forth by applicable ordinances. There is a detention pond shown on the west end of the subdivision on Lots 15, 16 and 17 of Block A which may not be needed if a drainage easement can be obtained from an adjacent property owner. This issue will be finalized by Final Plat submittal. Board Recommendations The Planning and Zoning Commission voted to recommend to City Council approval of the Preliminary Plat for Westgate Phase III & IV by a vote of 6 - 0 (one member absent) at its July 7, 1997 meeting. Financial Considerations All Preliminary Plats are subject to Preliminary Plat filing fees. This fee is $125.00 plus $2.00 per lot or $5.00 per acre in the subdivision (whichever is greater). Once approved, the platting procedure allows for the Final Plat to be subject to Final Plat filing fees, Impact Fees, Developmental Inspection Fees, Perimeter Street Fees, Park Land Dedication Fees, and miscellaneous related fees pertaining to that subdivision. All of these fees must be paid prior to filing the Plat with the County. Action Agenda Item No 4 Page 2 Legal Considerations Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of the City of Wylie is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land studies, conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats. The P&Z may grant variances from these regulations. All major subdivisions shall be subject to final approval by the City Council. Staff Recommendations Staff has had numerous discussions with Tipton Engineering, representatives of Wylie/ 1997, L.L.C. and is satisfied that all preliminary plat requirements have been met. Staff recommends approval of the Westgate Phase III & IV Preliminary Plat submitted by Wylie/ 1997, L.L.C. with the condition that if the detention pond is needed on the west, the Final Plat must specifically state that Lots 15, 16, & 17 of Block A cannot be developed. If the necessary drainage easement cannot be obtained from the neighboring property owner, Staff will insure proper safety and maintenance requirements are placed on the drainage detention pond. Wylie/ 1997, L.L.C. may proceed with Final Plat application procedures. Attachments Preliminary Plat Application Location Map Area Zoning Map Preliminary Plat (Aida, �l // a. Tn:fili-e, a/641:4 Prepare y , Rev ed .y Fina e City Manager Approval Ph (,(( Action Agenda Item No 4 Page 3 Page 1 of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date May 30 , 1997 Name of Proposed Development WESTGATE PHASE III Name of Property Owner/Developer WYLIE/1997, L. L.C. , John A. Baker, Mgr. Address 12890 Hillcrest, Suite 106 Phone 972-387-9200 Dallas , Texas 75230 Owner Of Record WYLIE/1997, L . L. C. , John A. Baker, Mgr. Address 12890 Hillcrest , Suite 106 Phone 972-387-9200 Dallas , Texas 75230 Name of Land Planner TIPTON ENGINEERING, INC. Surveyor/Engineer Address 6330 Broadway Blvd . , Suite C, Garland Phone 972-226-2967 Texas 75043 -'otal Acreage 23.428 Current Zoning R-3 Number of Lots/Units 85 WYLIE/1997, L. L. C . Signed ✓ � . ' g n A. Baker Mr. The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City:- The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable L/ 1. The boundary line (accurate in scale and orientation) of the tract to be subdivided. Page 2 of 3 4 2. The location, widths and names of all existing or platted streets or other public ways within and adjacent to the tract, existing permanent buildings, railroads, rights-of-way and other important features, such • as abstract lines, political subdivision or corporation lines and school district boundaries. 3. Existing sewer mains, water mains, drainage culverts or other underground structures and utilities within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. 4. Contours with intervals of two feet (2') or less, referred seal level datum, by actual field survey. to mean 5. The names of adjacent subdivisions and/or the names of owners of adjoining parcels of unsubdivided land. record 6. The proposed name of the subdivis ion. 7. North arrow, scale, date and approximate acreage of the proposed subdivision. 8. The names, addresses and telephone numbers of the subdivider and of the engineer, surveyor or planner, responsible for preparation of the plat. 9. The tract designation, zoningclassificationdescription and other according to the real estate records of the City or proper county authority; also, designation of the proposed uses of land within the. subdivision, including the number of lots of each classification. • 10. All parcels of land intended to be dedicated for u p blic use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitation of such reservations. 11. The layout, names and widths of proposed streets, alleys and easements, such as drainage easements, access easements, electrical easements and maintenance easements. 12. Provision for the connection of streets with other streets adjacent to the subdivision and for extension of streets to undeveloped property. Also a Circulation Plan indicating how continuous ingress and egress from existing residences and for City Staff will be maintained. Page 3 of 3 13. The proposed base flood floodplain limits and elevations on a one-foot contour interval for all open channels. 14. A plan of the proposed water and sanitary sewer mains and proposed drainage facilities, including drainage areas, location of lines, inlets, culverts, bridges, provisions for discharging onto and crossing adjacent properties and calculated runoff•and points of concentration. 15. A location map of the proposed subdivision on a scale of 1" = 1000' showing existing and proposed streets and thoroughfares covering an area at least one mile outside the proposed subdivision. ✓ 16. Typical cross-sections of proposed streets showing the width and cross slope of pavement, type of pavement and location, width and cross slope of sidewalks. Title Block shall indicate the date of the current submittal and the revision number. 17. A notice shall be placed on the face of each Preliminary Plat by the subdivider (see wording). 18. An approval block/certificate shall be placed on the face of each Preliminary Plat by the subdivider (see wording). 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