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02-24-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex February 24, 1997 7:00 p.m. CALL TO ORDER INVOCATION - Rev. John Thornton, First United Methodist Church PLEDGE OF ALLEGIANCE PROCLAMATION Public School Week- March 3-5, 1997 CONSENT AGENDA 1. Consider Approval of Minutes for February 11, 1997 2. Consider Approval of an Ordinance Amending the Wylie Code of Ordinances, Chapter 1, General Provisions, Section 17 Adopting Records Control Schedules in Compliance with Minimum Requirements on Records Retention. 3. Consider Final Acceptance of the Construction of a New 750,000 Gallon Elevated Tank and Provide Authorization for Final Payment to Landmark Structures, Inc. In the Amount of$76,680.00 and Accept the Project as Complete. ACTION ITEMS 4. Hold Public Hearing and Consider a Recommendation of Approval from the Planning and Zoning Commission a Request from Herzog Development Corp. For Approval of the Proposed Woodbridge Development District Conceptual Plan STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 5. 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 6. Hold Executive Session Under Section 551.074 Personnel Matters - City Manager's Annual Evaluation RECONVENE INTO OPEN MEETING 7. Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT Posted on this the 21th day of February, 1997 at 5:00 p.m. 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 442-8100 OR TDD 442-8170 S,,TE Texas State Library and Archives Commission 5:..... ....,., 1 /\ State and Local Records Management Division P. O. Box 12927,Austin,TX 78711-2927 Telephone: (512)452-9242 Declaration of Compliance with the Records Scheduling Requirement of the Local.Government Records Act (Submitted pursuant to §203.041(a)(2),Local Government Code) City of Wylie Name of Government 2000 Highway 78 North • Address Wylie, Texas 75098 972/442-8100 City and Zip Telephone As records management officer for the local government or elective county office named, I hereby declare, that in lieu of filing records control schedules,we have adopted records control schedules that comply with minimum requirements established on records retention schedules issued by the Texas State Library and Archives Commission(as checked below)for use in our records management program. In doing so,I also certify that the administrative rules for electronic records,adopted by the commission under§205.003(a), Local Government Code,will be followed for records subject to the rules. I understand that: (1) the validity of this declaration is contingent on its acceptance for filing by the commission; (2) if we have previously filed documentation with the commission in which we declared our intent to retain all records perma- nently, we must attach amended documentation to this declaration before it can be accepted for filing; (3) the records control schedules adopted by this declaration may be amended by filing for approval a Supplemental Records Control Schedule(SLR Form 509)on which are listed proposed retention periods for records that do not appear on schedules issued by the commission(as checked below); (4) if a Supplemental Records Control Schedule is not filed, we must file a Request for Authorization to Destroy Unscheduled Records(SLR 501)in order to destroy records that do not appear on schedules issued by the commission(as checked below); (5) the commission will supply us with subsequent editions of any schedules issued by the commission (as checked below) and supplemental forms for declaring compliance with amended requirements;and (6) should we file locally developed records control schedules under§203.041(a)(1),Local Government Code,retention periods on any approved locally developed schedule shall prevail over those in any schedule adopted by this declaration in the event of any conflict. Check those schedules issued by the commission with which your records control schedules,adopted by this declaration,comply: ❑ Schedule CC(Records of County Clerks) Schedule LC(Records of Justice and Municipal Courts) ❑ Schedule DC(Records of District Clerks) 0 Schedule PS (Records of Public Safety Agencies) 3 Schedule EL(Records of Elections and Voter Registration) Schedule PW(Records of Public Works and Services) Lel Schedule GR(Records Common to All Governments) ❑ Schedule SD(Records of Public School Districts) NI Schedule HR(Records of Public Health Agencies) ❑ Schedule TX(Records of Property Taxation) ❑ Schedule JC(Records of Public Junior Colleges) EI Schedule UT(Records of Utility Services) Texas State Library and Archives Commission Use Only Name(printed or typed): Susan Shuler Accepted for filing: Signature: Date: SLR508(8-95) Date: February 24, 1997 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AMENDING THE WYLIE CODE OF ORDINANCES, CHAPTER 1 GENERAL PROVISIONS, SECTION 17 ADOPTING RECORDS CONTROL SCHEDULES IN COMPLIANCE WITH MINIMUM REQUIREMENTS ON RECORDS RETENTION SCHEDULES ISSUED BY THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION PURSUANT TO SECTION 203.041, LOCAL GOVERNMENT CODE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Wylie adopted Ordinance 91-20 on October 8, 1991 that established the City's Records Management Program for the orderly and efficient retention, retrieval and destruction of records of the City of Wylie; and WHEREAS, the 74th Legislature enacted Senate Bill 366 that permits local governments to file a written declaration that records control schedules have been adopted that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission; and WHEREAS, the City of Wylie in conformity with the Local Government Records Act desires to continue the efficient and economical management program of all City of Wylie records. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That Chapter 1 General Provisions, Section 17 Records Management Program, Definitions "Records control schedule" is hereby amended in its entirety to read as follows: "Records control schedule: a document issued by the commission under authority of Subchapter C, Chapter 203, Local Government Code establishing minimum retention periods for City records." SECTION 2: That the City of Wylie hereby adopts the records control schedules that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission. SECTION 3: Upon adoption of this ordinance, the City Secretary/Records Management Officer is directed to file with the director and librarian the Declaration of Compliance with the Records Scheduling Requirement of the Local Government Records Act pursuant to Subchapter 203.041(a)(2), Local Government Code. SECTION 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 5: If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6: This ordinance becomes effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this the 24th day of February, 1997. Jim Swartz, Mayor Susan Shuler, City Secretary Ord.No. WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 3 February 24, 1997 Issue Discuss and consider final acceptance of the construction of a new 750,000 gallon elevated tank and provide authorization for final payment to Landmark Structures, Inc. in the amount of $76,680.00 and accept the project as complete. Background Landmark Structures, Inc. was awarded the contract for the construction of a new 750,000 gallon elevated tank at the June 27, 1995 City Council Meeting. This project consisted of the construction of a 750,000 gallon elevated water storage tank and associated water transmission mains. The design of this storage facility included the piping, valves, fittings, site grading, fencing, paint systems, foundations, telemetering system and other related appurtenances. The water mains included miscellaneous on-site 20-inch and 8-inch water mains, with a fire hydrant and other related appurtenances. Construction began in August 1995 and was substantially complete within the allotted contract time. The tank was placed in service in May 1996. Since that time, the telemetry system has been installed and configured to the City of Wylie's specifications and requirements. At this time, the tank and all of its components are complete and functioning as required by the plans and specifications. A final walk through was conducted by City Staff and members of The Hogan Corporation on January 28, 1997. This item was tabled at the February 11, 1997 Council meeting. Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Bard Recommendations N/A Consent Agenda Item No 3 Page 1 Financial Considerations This project was financed through funds from the 1995 Bond Program - Phase I. The original bond construction cost projection for this project was approximately $985,000 and the bid price on the project was $908,000. The final contract amount is $906,670.00. The difference is due to a quantity underrun for the painting of the logos. The original bid amount was $20,000 and the actual cost was $18,670. No change order is required. This represents 1 % under the bid amount or $1330.00. LegaLConsiderations N/A Staff Recommendations Staff recommends final acceptance of project and final payment to Landmark Structure, Inc. in the amount of$76,680.00. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Contractor Affidavit of Payment of Debts and Claims One year Surety Bond Letter from The Hogan Corporation Final Payment Request. -1Y1LttcCeavi.4 Prepared b Re ed by Finance City Manager Approval Consent Agenda Item No 3 Page 2 CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 2/17/96 Date Lisa Price From 2/21/97 Due Date 2/ Return Check to Department Vendor No. Pay To: Landmark Structures, Inc. 1665 Harmon Road Ft. Worth, Texas 76177 Invoice Invoice Fund Dept No Object SAC Amount Number Date pO0<) ()OO() 00000C) NON Final 1/30/97 612 901 58310 8501 $72,568.84 GRAND TOTAL $72,568.84 Explanation: Final Pay Estimate for the 1995 Bond Project-the new elevated storage tank The project was accepted as complete at the 2-24-97 City Council Meeting. Finance Dept. Department Head THE HOGAN CORPORATION Engineers • Planners • Consultants January 29, 1997 Mr. Mike Collins City Manager City of Wylie P.O. Box 428 Wylie, Texas 75098 ATTN: Lisa Price RE: New 750,000-Gallon Elevated Tank THC Job No.: 002-24.42 Dear Mr. Collins: We are submitting herewith for your review four (4) copies of the Final Progress Estimate for the work completed by Landmark Structures, Inc. on the above referenced project. The items included in this pay request have been reviewed and found to conform with the work actually performed. The final pay request includes all retainage held on previous pay requests. A final walk-through was performed on the project on January 28, 1997. Representatives of the City, the Contractor, and the Engineer were present. No deficiencies were noted. The Contractor has submitted a "Consent of Surety" from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. This project was completed with a single quantity underrun in the price bid for painting the logo. The actual cost of the logos was $18,670 or$1,330 under the $20,000 bid. This reduces the original contract amount from $908,000 to $906,000. With your approval of this Final Progress Estimate, please execute all copies, retain two (2) copies for your files, return one (1) copy to this office, and send one (1) copy to Landmark Structures, Inc., 1103 E. Price, Suite 102, Keller, Texas 76248, along with your remittance in the amount of $76,680.00. Yours very truly, THE HOGAN CORPORATION Gregory S. MacLean, P.E. Vice President Enclosures OMember, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 :�� Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (214) 392-4600 FAX:(214)490-7163 CITY OF WYLIE,TEXAS PAYMENT PERIOD - December-96 12TH PROGRESS CERTIFICATE ISSUE DATE - 25-Dec-96 CONTRACT THIS ESTIMATE TOTAL TO DATE NO ITEM AMOUNT % COMPL. AMOUNT % COMPL. AMOUNT lA BOND & INSURANCE 15,500.00 0.00% 100.00% 15,500.00 1B ENGINEERING/DESIGN/SUBMITTALS 29,000.00 0.00% 100.00% 29,000.00 1C MOBILIZE SITE 8,000.00 0.00% 100.00% 8,000.00 SITEWORK 1D CLEARING&GRAVEL ROAD 11,000.00 0.00% 100.00% 11,000.00 1E SITE GRADE&SEEDING 1,500.00 0.00% 100.00% 1,500.00 CONCRETE WORK _ 1F FOUNDATION 30,870.00 0.00% 100.00% 30,870.00 1G SUPPORT COLUMN 216,000.00 0.007c 100.00% 216,000.00 1H DOMED FLOOR 39,500.00 0.00% 100.00% 39,500.00 II RING BEAM/FLOOR GROUT 6,500.00 0.00% 100.00% 6,500.00 1J INTERIOR FILL&SLAB 5,700.00 0.00% 100.00% 5,700.00 1K MISC.SITE CONCRETE 500.00 0.00% 100.00% 500.00 MATERIALS ON SITFF 1L MISC.IRON 9,200.00 0.00% 100.00% 9,200.00 1M ELEV.TANK MECHANICAL/VALVES 22,100.00 0.00% 100.00% 22,100.00 1N STEEL PLATE& FABRICATIONS 72,000.00 0.00% 100.00% 72,000.00 10 REINFORCING STEEL 16,500.00 0.00% 100.00% 16,500.00 INSTALLATION OF MATERIALS 1P MISC.IRON 3,200.00 0.00% 100.00% 3,200.00 IQ ELEV.TANK MECHANICALNALVES 6,700.00 0.00% 100.00% 6,700.00 1R STEEL TANK ERECTION 110,000.00 0.00% 100.00% 110,000.00 1S STEEL TANK HOISTING 5,000.00 0.00% 100.00% 5,000.00 1T PAINTING 59,700.00 0.00% 100.00% 59,700.00 CITY OF WYLIE,TEXAS PAYMENT PERIOD - December-96 12TH PROGRESS CERTIFICATE ISSUE DATE - 25-Dec-96 CONTRACT THIS ESTIMATE TOTAL TO DATE NO ITEM AMOUNT % CONIPL. AMOUNT % COMPL. AMOUNT 1U ELECTRICAL/INSTRUMENTATION 169,000.00 40.00% 67,600.00 100.00% 169,000.00 1V FENCE 13,300.00 0.00% 100.00% 13,300.00 1W STARTUP/DEMOBILIZE 2,000.00 0.00% 100.00% 2,000.00 2 CONCRETE APPROACH 2,500.00 0.00% 100.00% 2,500.00 3 20-INCH WATER MAIN 12,980.00 0.00% 100.00% 12,980.00 4 8-INCH WATER MAIN 14,000.00 0.00% 100.00% 14,000.00 5 FIRE HYDRANT ASSEMBLY 2,000.00 0.00% 100.00% 2,000.00 6 WATER MAIN CONNECTIONS 3,000.00 0.00% 100.00% 3,000.00 7 8-INCH GATE VALVE 750.00 0.00% 100.00% 750.00 8 LOGO 20,000.00 0.00% 93.35% 18,670.00 ORIGINAL CONTRACT AMOUNT 908,000.00 67,600.00 906,670.00 GROSS AMOUNT DUE $906,670.00 LESS RETENTION-REDUCED TO 0% $0.00 AMOUNT DUE TO DATE S906,670 00 LESS PREVIOUS PAYMENT REQUEST $829990.00 AMOUNT DUE THIS APPLICATION $76,680.00 REQUESTED BY: ' DATE: 12/31/96 LANDMARK STR TURES ACCEPTED BY: . /` f di DATE: IG--47 THE HOGAN CORP. v APPROVED BY: DATE: CITY OF WYLIE JAN. -17' 97 (FRI ) 14:44 LANDMARK STRUCTURES TEL: 817-379-6816 P. 002 PAYMENT CERTIFICATE/CONSENT OF SURETY TO: City of Wylie RE: New 750,000 Gallon Elevated Tank and Related Appurtenances I, Chris L,amQn of Landmark Structures, Inc., do hereby affirm that all claims and obligations Incurred by me or in my behalf in connection with the perf f the above mentioned project have been fully paid and settled. Chris Lamon, Vice President Landmark Structures. Inc. Contractor STATE OF TEXAS ) COUNTY OF TARRANT ) Before me, the undersigned, a Notary Public in and for said County and State, of this 20 day of January 1997 personally appeared Chris Lamon, to me known to be the identical person who signed the name of Landmark Structures, Inc., a Texas Corporation, to the within and foregoing instrument as its Vice President, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said Corporation/Company for uses and purposes therein set forth. Witness my hand and seal the ' and year last above written. ,,:, °0e�,� OIANE ENTRY ^ NotaryPublic * /l * STATE OF TEXAS �r�r°of��'� My Comm.Exp 09/30/00 Notary Public- My commission expires 9/30/00. Seen and approved this /7/Yday of .. / 7 rY`�r�2 by Fidelity and Deposit Company of Maryland Surety Company. Company/ `' /ail s 4'`-f r///c)L/ 1 1;-NWT— 1A ' j i' � / JAN 1? '9? 15:52 81? 379 6816 PAGE.02 AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AND RELEASE OF LIENS To: City of Wylie Project: New 750,000 Gallon Elevated Tank and Related Appurtenances By this instrument, the undersigned Contractor engaged in the construction of the above project, hereby certified that on this date, or any time prior thereto, except listed below, the Contractor has paid the full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed and for all known indebtedness and claims against the undersigned for damages arising in any manner on or against the project, its land, improvements and equipment of every kind. Signed this 20th day of January, 1997. Landmark es, In . n c r Authorized Signature Chris Lamon Printed Name Vice President Title WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 4 February 24, 1997 issue Hold a Public Hearing and consider a recommendation of approval from the Planning and Zoning`,Commission a request from Herzog Development Corporation for approval of the proposed Woodbridge Development District Conceptual Plan. Bickgraund Don Herzog of Herzog Development Corporation, located at 9696 Skillman Street, Suite 210, Dallas, Texas, initiated discussions with staff in the spring of 1996 regarding a 921 acre master planned community. This proposed development is to be located south of Alanis Drive, between Sachse Road and State Highway 78. Of the 921 total acres, approximately 390.51 acres are situated within the Wylie City Limits. The remaining acreage is located in the Sachse City Limits. The development, known as Woodbridge, will consist of amenities such as an 18 hole championship golf course, park/recreational areas, neighborhood/park hiking trails and community swimming pools. Approximately 980 residential lots will be within the Wylie City Limits. There will be multiple residential lot types including 9,000 sq.ft., 8,400sq.ft., 7,200 sq.ft. and 5,500 sq.ft. lots. Regarding residential development, there will also be a City Council approved set of Development Standards, protective covenants, as well as a Homeowners Association. Herzog Development Corporation, with required council approval, plans to begin development of the golf course this year. Residential development in Wylie is expected to commence in 3 to 5 years. The Herzog Development Corporation is requesting this development to be established as a Planned Development District. According to the City of Wylie's adopted Zoning Ordinance, a Planned Development District's general purpose and description is as follows: A planned development district is intended to provide for the combining and mixing of uses allowed in various districts with appropriate regulations, and to permit growth flexibility in the use and design of land and buildings in situations where modification of specific provisions of this ordinance (Zoning Ordinance) is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. A "PD" district may be used to permit new and innovative concepts in land utilization. Action Agenda Item No 4 Page 1 In order to establish a Planned Development District (PD), the developer must follow basically a two step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner and as required by staff, be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The second phase of establishing a PD District is submitting for approval a Development Plan. The initial Development Plan must be submitted for approval within 6 months from the approval of the Conceptual Plan. If the Development Plan is not submitted within 6 months, the Concept Plan is subject to reapproval by the Planning and Zoning Commission and City Council. The Development Plan shall set forth the final plans for the PD District and needs to conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. This plan will include, but not be limited to, detailed lot information, existing and proposed public infrastructure and utilities, all public right of ways and easements, screening and landscaping and other pertinent data as required by staff. The Planning and Zoning Commission will again meet and consider a recommendation of approval or denial to the City Council for the Development Plan. Once the Planning and Zoning Commission has taken action, the Development Plan will be submitted for approval to the City Council. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. The Development Plan may be approved in phases. If phasing is proposed, separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required. Approval of the Development Plan shall be the basis for the issuance of any building permits. On January 6, 1997, Don Herzog made a presentation to the Planning and Zoning Commission describing the Woodbridge Development Conceptual Plan. On January 20, 1997 the Commission met and had the opportunity to express any concerns they may have had. Action Agenda Item No 4 Page 2 Concerns raised included the following: ♦ 5,500 sq.ft. lots being allowed and setting a precedence (Sec.2.09) Note: Staff informed the Commission that current residential development standards remain in effect and that each individual PD proposal would be evaluated on its own merits. ♦ Adequate utility service (3.06) Note: Staff informed the Commission that the developer, at his sole expense, is required to provide adequate utility service to the development. ♦ When and how impact fees are collected (3.13) Note: Staff informed the Commission that Herzog Development Corp. has been made aware that the City has an adopted ordinance stating that Impact Fees are to be collected at the time the Developer submits the Development Plan (Final Plat) and does not intend to waive such requirement. He has since then amended Development Standards accordingly ♦ The time frame allowing the Planned Development District as well as the Concept Plan approval to remain in effect (Sec. 3.02,b(5)) Note: Developer will submit Development Plans within every 24 months. Failure to do so will allow City to review Development's validity ♦ The time frame of development (3.03) Note: Same as above. ♦ The issue of who exactly will maintain the parkways and medians of major and secondary thoroughfares (Section 3.09) Note: Mr. Herzog has amended this section to clarify that it will be up to the City if and when the City will maintain the parkways and medians of major and secondary thoroughfares. On February 11, 1997, Mr. Herzog was present at the City Council Meeting and made a presentation regarding Woodbridge to Council. Mr. Herzog addressed specific issues that were brought up in previous discussions with the Planning and Zoning Commission as well as issues that had been discussed with Staff. Items that were discussed included : • Intentions of further discussions with school officials regarding possible school site location in the Woodbridge development Action Agenda Item No 4 Page 3 • The development of a minimum of 23 9,000 sq.ft. lots on the Wylie side of the development • Having a minimum ratio of 7 interior lots developed for each golf course lot developed Councilman Monday requested that written comments from school officials be obtained describing impact of this development on the school system. Board Recommendations The Planning and Zoning Commission recommended approval of the Conceptual Plan and the Development Standards by a vote of four (4) to three (3). However, a condition of the approval was that Mr. Herzog clarify that it would not be the City's responsibility to maintain the parkways and medians of secondary and major thoroughfares within the development unless the City agreed to do so. Mr Herzog did address this issue and amended Development Standards accordingly. F i n an eiaLCnns i.d a rations Financial Considerations tied to a project of this nature include the collection of certain fees. Fees involved in this particular project are as follows: Preliminary Plat Fees (Conceptual Plan) Final Plat Fees (Development Plan) Impact Fees Developmental Inspection Fees Perimeter Street Fees Maintenance Bond This revenue will be collected at such time as Development Plans are submitted for approval. All applicable fees must be collected prior to approval of said Development Plans and before building permits are issued. LegaLConsider_ations 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. Action Agenda Item No 4 Page 4 Staff Recommenslati_Qn Staff recommends approval of the Woodbridge Conceptual Plan. There has been much research, deliberation and negotiation between Herzog Development Corporation representatives and staff regarding the purpose, intent and suitability of this development project. The Woodbridge project conforms to Comprehensive Plan goals such as producing a variety of housing alternatives, providing quality neighborhoods and meeting varying recreational needs of Wylie citizens. Other amenities addressed by the Woodbridge development which are goals listed in the Comprehensive Plan are the development of linear greenbelts along major creeks with connections to future parks in the area. Specific development standards have been put in place that will insure quality in the development of the residential areas of this project. Staff is satisfied that the proposed Woodbridge Conceptual Plan meets the criteria set forth by the adopted Comprehensive Plan developmental guidelines and its associated regulating ordinances (Zoning and Subdivision Ordinances) and the standards and intent expressed therein. Staff concludes that through the integrity of the procedures followed that the Woodbridge master planned community will offer Wylie residents an array of quality housing alternatives and amenities. Woodbridge will play a vital role in the continuing growth of Wylie. Attachments Development Standards Site Plan Map Location Map Area Zoning Map --aka. Cere&4) t/Whia ad/Ur— Preparedby Revue ed by Finan City Manager Approval Action Agenda Item No 4 Page 5 EXHIBIT "C" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS CITY OF WYLIE, TEXAS 1.0 PLANNED DEVELOPMENT DISTRICT 1.01 Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and development standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. While flexibility is given to provide special restrictions which allow for new and innovative concepts in land utilization and development not otherwise permitted, procedures are established to insure against misuse of the increased flexibility. 1 02/06/97 2.0 PLANNED DEVELOPMENT- SINGLE FAMILY RESIDENTIAL Tract A-1 2.01 General Description: The residential tracts are intended to accommodate a variety of single family residential uses. The residential units will be comprised of R-9.0 Single Family, R-8.4 Single Family, R-7.2 Single Family, R-5.5 Single Family and Patio Home. Development standards for each of the aforementioned housing types are outlined within this text. 2.02 Permitted Uses: Land uses permitted within residential areas, indicated as Tract A-1 on Exhibit "A", are as follows: a. Residential units as described herein. b. Permitted uses referenced in Section 11.1 of Ordinance No. 85-23A of the City of Wylie Zoning Ordinance as it currently exists. c. Private or public recreation facilities. d. Churches/rectories, but not including mission tents or revival tents. e. Schools - public or state accredited, and having no rooms regularly used for housing or overnight lodging. f. Day care centers. g. Utility distribution lines and facilities. h. Parks, linear greenbelt areas, trails and walkways, playgrounds and neighborhood recreation facilities, golf course, maintenance facility and 2 02/06/97 yard, and associated office uses, including, but not limited to, swimming pools, clubhouse facilities, tennis courts, and practice range. i. Fire stations and public safety facilities. j. Real estate sales offices and model homes during the development and marketing of the residential areas. k. Public and private streets, alleys and utility easements. Private streets shall be permitted only if approved by the City Council at the time of platting. 1. Electronic security facilities including gatehouse and control counter. m. Directional signs pertaining to the development. n. Accessory buildings which are not a part of a main building are to be constructed in accordance with Section 26 of ordinance No. 85-23A of the City of Wylie Zoning Ordinance as it currently exists. o. Temporary buildings, advertising signs, and uses incidental to construction work on the premises, which shall be removed upon completion. p. Uses similar to the above mentioned permitted uses, provided, however, that the City Council shall approve said use prior to the issuance of a building permit. q. Home occupations which are secondary to the primary residential use and which involve the manufacture, assembly, sale or service of goods, or which involve the providing of a service, subject to the following conditions: 3 02/06/97 1. The home occupation is conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s) (not to include a driveway, yard or outside area). 2. Participation in the home occupation shall be limited to family members residing in the home. 3. The lot and dwelling maintain their residential character. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No additional buildings shall be added on the property to accommodate the home occupation. 4. The home occupation does not generate customer-related vehicular traffic in excess of two (2) vehicles at any one time and a total of five (5) vehicles per twenty-four (24) hours a day in the residential neighborhood. 5. No direct selling of merchandise occurs on the premises. 6. No equipment or materials associated with the home occupation are displayed or stored where visible from anywhere off the premises. 7. The occupation produces no external noise, vibrations, smoke, dust, odor, heat, glare, fumes, electrical interference or waste 4 02/06/97 run-off outside the dwelling unit or on the property surrounding the dwelling unit. 8. No vehicle used in connection with the home occupation which exceeds one (1) ton capacity is parked on the premises or on any street adjacent to the residentially zoned property. 9. The home occupation does not advertise with signage on the premises, nor shall the street address of the home occupation be advertised through signs, billboards, television, radio, newspapers or telephone directories. Provided, however, that nothing herein shall be construed to allow the following businesses or occupations in residential neighborhoods as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor's yards, dancing schools,junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors. r. Concrete batch plant, temporary during construction when permitted by code enforcement. 2.03 Density: The overall maximum allowed residential units for Tract A-1 shall not exceed 980 units. 2.04 Garage, Parking and Driveway Requirements: Garage, parking and driveway requirements for single family development areas shall be as follows: 5 02/06/97 a. Two (2) off-street parking spaces shall be provided on the same lot as the main structure. In conjunction with this requirement, a two (2) car enclosed garage shall be provided for each unit. Garage parking shall be behind the front building line. The entrance to any attached or detached garage shall be allowed to face any street subject to paragraph 2.04(c) below. b. No parking space, garage or other automobile storage space or structure shall be used for storage of any commercial vehicle with the exception that a recreation vehicle, travel trailer, boat or similar equipment may be stored off-street and behind the front building line by the owner or occupant of the residential premises in accordance with the screening portion of this ordinance. c. No driveway entrances shall be allowed to be constructed on the side or rear lot line adjacent to any or Secondary Thoroughfare (Designation F per subdivision regulations). d. Parking lots required to serve the uses permitted in this district shall have concrete surface pavement required for all applications. 2.05 Building Materials: The building materials requirements shall be as follows: a. A minimum of seventy-five (75) percent of the total exterior wall surfaces of all main buildings shall have an exterior finish of stone, brick, or other masonry veneer as otherwise approved by the Building Official. If there is 6 02/06/97 a window or door, including garage doors, that is on a wall with masonry on both sides, then it can count as part of the masonry requirement. If there is wood siding around the window, door or garage door, it counts as wood siding. Regarding gables, if in front of an attic space, the gable is exempt from masonry requirement. If the gable is in front of a living space, it is considered into the calculation of masonry. b. Detached, free-standing garages, whether attached to the main building by a covered walkway or not, must be clad in one of the materials of the main structure. c. If a detached garage is constructed on a corner lot or has sides adjacent to any street or thoroughfare that is not screened by a masonry screening wall, then seventy-five (75) percent of the garage structure must be of same masonry material as the residence. 2.06 R-9.0 Single Family: R-9.0 Single Family units are single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand eight hundred (1,800) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be nine thousand (9,000) square feet. 7 02/06/97 c. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be seventy (70)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty (60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be seven (7) feet. A side yard adjacent to a street shall be a minimum of fifteen (15) feet. 8 02/06/97 h. Rear Yard: The minimum depth of the rear yard shall be twenty(20) feet, if the rear yard is adjacent to another residential lot, and ten (10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(2'/2) stories, or thirty five (35) feet. 2.07 R-8.4 Single Family: R-8.4 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand six hundred (1,600) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be eight thousand four hundred (8,400) square feet. c. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. 9 02/06/97 d. Lot Width: The minimum width of any lot shall be seventy (70) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty (60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15)feet. g. Side Yard: The minimum side yard on each side of the lot shall be seven (7) feet. A side yard adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet, if the rear yard is adjacent to another residential lot, and ten (10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. 10 02/06/97 i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. 2.08 R-7.2 Single Family: R-7.2 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand four hundred (1,400) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be seven thousand two hundred (7,200) square feet. c. Lot Coverage: In no case shall more than forty five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty (60) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty (50) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street 11 02/06/97 elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty(20) feet if the rear yard is adjacent to another residential lot, and ten (10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. 2.09 R-5.5 Single Family: R-5.5 Single Family units may be either single family detached units or patio homes (zero-lot-line homes in which the unit is sided on, or adjacent to, one of the side lot lines) consisting of moderately sized housing units and lots. These residential units will have access and frontage on a public or 12 02/06/97 private road. Building and area requirements for single family detached units are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be five thousand five hundred (5,500) square feet. c. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty (50) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty-five (45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points 13 02/06/97 on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be fifteen (15) feet if the rear yard is adjacent to another residential lot, and ten (10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. Building and area requirements for patio homes are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be five thousand five hundred (5,500) square feet. 14 02/06/97 c. Lot Coverage: In no case shall more than fifty(50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty(50) feet at the front building line, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty five(45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet except, for side entry garages which shall have a minimum front yard depth of ten (10) feet. g. Side Yard: Side yard setbacks shall be zero (0) feet to three (3) feet on one side (the zero side), and seven (7) feet to ten (10) feet on the opposite 15 02/06/97 side. A minimum separation of ten (10) feet is required between structures. A side yard adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet. If the rear lot line abuts a dedicated alley, the garage door, if provided, must be set back a minimum of twenty (20) feet. Maintenance Easement: 1. A maintenance easement, to provide access to an adjacent garden home, of not less than four (4) feet or more than seven (7)feet in width extending along the entire side lot line shall be established on each lot adjacent to a garden home lot and shown on the final plat. 2. The maintenance easement shall be maintained as an open space. However, the Building Official may approve fences and horizontal construction at grade level, such as a deck not exceeding twelve (12) inches above grade, or paved surfaces in the maintenance easement upon a finding that it does not impede the use of the easement for the maintenance and drainage of the adjoining structure. j. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. 16 02/06/97 2.10 General Requirements: a. Due to existing topographic and physical site features, curvilinear streets will be constructed within portions of the residential tracts. This does not mandate that all residential streets within any particular phase will be curvilinear or that all residential tracts or plats within any particular phase will incorporate the use of curvilinear streets. b. Provisions allowing for outside storage within the tract(s) covered by this ordinance are as follows: 1. Prohibition: A person commits an offense if he or she keeps, maintains or stores, outside of a building, on any property zoned for single family use, any personal property which is visible from a public street or alley, or is visible from private property which is under separate ownership, including but not limited to household items, building materials, automotive parts, equipment, etc., without proper screening and located in allowed outside storage • areas only. It shall not be a defense to prosecution that such items were covered with a tarp or similar covering. 2. Exception: It is not an offense to keep, store or maintain personal property customarily found outside of a building on property zoned for single family use such as lawn furniture, dog houses, landscape containers, etc. 17 02/06/97 3. Parties Responsible: The owner (or owners) and persons in control of such residentially zoned property are responsible for violations of this subsection. 18 02/06/97 3.0 PLANNED DEVELOPMENT- GENERAL CONDITIONS 3.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein, this Planned Development shall conform to any and all applicable articles and sections of the City of Wylie Zoning Ordinance, Ordinance No. 85-23A, as it presently exists. 3.02 Procedures of the Planned Development District: a. Zoning Exhibit: A zoning exhibit is hereby attached and made a part of the approval for this Planned Development District. This zoning exhibit, indicated as Exhibit "A" sets forth an overall property boundary description, and the designation of a zoning tract, identified by number which corresponds to the tract in Exhibit "C". b. Conceptual Plan: 1. The Conceptual Plan is hereby attached and made a part of the approval for this Planned Development District as Exhibit "D". 2. The Conceptual Plan shall show topography, land uses including parks and open space, streets, the lot layout for single family residential development, thoroughfares and other features which graphically explain the standards and conditions set forth in Exhibit "C" 19 02/06/97 3. Changes of detail including lot configuration which do not alter the uses permitted, density or development standards contained herein, may be authorized by the city manager or his or her designee. c. Development Plan: 1. A Development Plan shall set forth the plans for development of the Planned Development District or any part thereof and shall reasonably conform to the data presented and approved on the Conceptual Plan. 2. The initial Development Plan for any section or part thereof of the Conceptual Plan shall be submitted for approval within six (6) months from the approval of the Conceptual Plan to ensure validity of the approved Conceptual Plan. If development of the approved Development Plan is not completed within (2) years from approval, the Planning & Zoning Commission and City Council may review the original Conceptual Plan to ensure its continued validity. 3. If the initial Development Plan does not comprise the entire area of the approved Conceptual Plan, a subsequent Development Plan for any remaining section or part thereof of the Conceptual Plan shall be submitted for approval within twenty four (24) months from the approval of the initial Development Plan. Subsequent Development Plans shall be submitted for approval within twenty four(24) 20 02/06/97 months from the most recent approved Development Plan until the entire area shown on the Conceptual Plan has been submitted for Development Plan approval. The development of each approved Development Plan shall be completed within two (2) years from approval. If development of any approved Development Plan is not completed within two (2) years from its respective approval date, the Planning &Zoning Commission and City Council may review any remaining portion of the Conceptual Plan to ensure its validity. 4. Approval of any Development Plan shall be the basis for issuance of a building permit. 3.03 General Compliance: Except as amended by these conditions, development of property within this Planned Development must comply with the requirements of all ordinances, rules and regulations of the City of Wylie as they presently exist. 3.04 Street Design Standards: All paved areas, permanent drives, streets, (dedicated or private) and drainage structures must be constructed in accordance with standard City of Wylie, specifications as they presently exist. However, the following criteria shall apply: a. The minimum centerline radius for a secondary thoroughfare (minimum sixty (60) foot right-of-way) shall be three hundred fifty (350) feet and a minor residential street (minimum 50 foot right-of-way) shall be one hundred fifty (150) feet. 21 02/06/97 b. A cul-de-sac length shall not be longer than six hundred (600) feet. c. The pavement thickness for residential streets shall be six (6) inches. 3.05 Maintenance of Facilities: Prior to the approval of a final plat a homeowner's association, property owner's association, membership association or other entity that will be responsible for the maintenance of all common areas and/or common facilities contained within the area of development must be established. The city shall be under no obligation for operation or maintenance of the above facilities without prior city acceptance and approval. 3.06 Screening Walls: a. Unless otherwise approved by the City Council or their designee, screening walls shall be provided along the side or rear lot lines adjacent to major thoroughfares and secondary thoroughfares. The screening wall shall be constructed of stone, stucco, brick, concrete block, concrete, wrought iron or similar materials, or any combination thereof. The design and location of screening walls shall be submitted for approval with the Development Plan or Preliminary Plat. b. A screening fence shall be required for the storage of a recreation vehicle, travel trailer, boat or similar equipment. The screening fence shall be constructed of wood or masonry and shall be a minimum of six (6) foot in height and be in accordance with all applicable city ordinances. 22 02/06/97 3.07 Hiking and Jogging Trail Along Secondary Thoroughfares and Residential Streets: A six (6) foot wide concrete hiking and jogging trail may be constructed on one (1) side of the secondary thoroughfares and residential streets in lieu of sidewalks on both sides of the designated streets. In order to provide for a meandering trail, the pavement for the secondary thoroughfares and residential streets shall be allowed to be offset a maximum of five (5) feet from the center of the right-of-way to provide for additional parkway on one (1) side of the designated streets for the construction of the meandering trail. The final location of any hiking and jogging trails shall be shown on the Development Plan or Preliminary Plat. 23 02/06/97 • two o db��r'd e :' ,r , t • : ; i ; - ; ".,• /" ,. 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