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11-12-2013 (City Council) Agenda Packet 7 Wylie City Council CITY OF E NOTICE OF MEETING Regular Meeting Agenda November 12, 2013 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 NathanScott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.vvylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation of the 1st- 9 Weeks Wylie Way Students • Recognition of employees celebrating milestone years of service to the City of Wylie. • Proclamation - Declaring November 13, 2013 as Arbor Day in the City of Wylie (R. Diaz, Parks &Rec Superintendent) November 12,2013 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the October 22, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon, Ordinance No. 2013-42 amending Ordinance No. 2013-35 (2013- 2014 Budget) for the purpose of administering an Interlocal Agreement between The City of Wylie, Texas and the Town of Fairview for dispatch services authorized by Resolution No. 2013-21(R). (R. Corbin, Fire Chief) C. Consider, and act upon, Ordinance No. 2013-44 amending Chapter 22,Article XI, providing for a penalty for the violation of this ordinance. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Plat for Hensley Addition, Block A, Lots 1 & 2, consisting of 5.386 acres to establish two single family residential lots within Wylie's ETJ, generally located south of far eastern SH 78 and immediately south of Oak Road located in the City of Wylie's ETJ. (R. 011ie, Planning Director) E. Consider, and act upon, Ordinance No. 2013-43, amending zoning Ordinance 2001-48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations), related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), relating to fencing. (R. 011ie, Planning Director) F. Consider and act upon, the award of bid #W2014-9-B for the purchase of seven (7) vehicles from Reliable Chevrolet in the amount of$171,528.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider and act upon, the approval of the purchase of a Bobcat E26-T4 Compact Excavator and a Bobcat T590 Compact Track Loader in a total estimated amount of $64,328.94 from Bobcat of Dallas; through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement # 424-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) H. Consider and act upon, the purchase of an International 7500 Dump Truck from Southwest International Trucks in an estimated amount of $110,560.00 through a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Agreement # 358-10, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) I. Consider and act upon, the purchase of vehicle video and wireless microphone systems for the Police Department in an estimated amount of $53,271.00 through a cooperative November 12,2013 Wylie City Council Regular Meeting Agenda Page 3 of 4 purchasing contract with the Houston Galveston Area Council (HGAC) #EF04-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, approval of a Replat for American National Bank, No. 2 Addition, Block A, Lot 1B-R; generally located west of Westgate Way and approximately 240 feet north of F.M. 544. (R. 011ie, Planning Director) Executive Summary The property totals 0.432 acre and the purpose for the replat is to establish the necessary access and utility easements to accommodate the development of a general office facility on the property. 2. Hold a Public Hearing, and consider and act upon, approval of a Replat of Keller's First Addition, reconfiguring 6 lots to create two lots. Subject property being generally located at the southwest corner of Ballard Avenue and Calloway Street. (R. 011ie, Planning Director) Executive Summary The current owner desires to consolidate the six(6) lots into two(2)for future development opportunities.. 3. Hold a Public Hearing, and consider and act upon, approval of a Replat for Lake Trail of Bozeman Farm, Lots l and 2, Block E, establishing 5 single family residential lots and two open space lots on 1.907 acres, generally located on the northeast corner of Collins Boulevard and F.M. 544. (R. 011ie, Planning Director) Executive Summary The purpose of the plat is to reconfigure two lots to establish five single-family residential and two open space lots on 1.907 acres of property,zoned PD 2013-40 adopted by City Council on October 22nd,2013. 4. Hold a public hearing and consider an act upon, approving and continuing the current Curfew Ordinance No. 2005-08. (J. Duscio, Police Chief) Executive Summary The current Curfew Ordinance No. 2005-08 requires a Public Hearing/Review every 3 years in order to abolish, modify, or continue the ordinance. 5. Consider and act upon, Resolution No. 2013-26(R) casting votes for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2014. (C. Ehrlich, City Secretary) Executive Summary The City of Wylie has 60 votes that they may cast for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2014. 6. Consider and act upon, Resolution No. 2013-27(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2014. (C. Ehrlich, City Secretary) Executive Summary The Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. November 12,2013 Wylie City Council Regular Meeting Agenda Page 4 of 4 7. Consider and act upon, Ordinance No. 2013-45 of the City of Wylie, Texas, Repealing Ordinance No. 71-8 and Ordinance No. 85-49; Amending Ordinance No. 92-1 and Section 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places), Chapter 10 (Alcoholic Beverages) of Part II of the City of Wylie Code of Ordinances. (M. Manson, City Manager) Executive Summary At the October 22, 2013 City Council work session staff was directed to research and bring back to council a proposed amendment to Ordinance No. 92-1 allowing for the sale (for consumption on premises), possession and/or consumption of beer and/or wine, as those terms are defined by the TABC, for special events approved by the City Council. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Discuss the development of the KCS intermodal facility generally located at the north east corner of Spring Creek and SH 78. (C. Hoisted, City Engineer) • The Waters Consulting Group, Inc. presentation of the salary survey, and compensation results and recommendations. (J. Butters, Asst. City Manager) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on this 8`" day of November, 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, October 22, 2013 - 6:00 p.m. Wylie Municipal Complex- Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Rick White, Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Todd Wintters, Councilman Nathan Scott, and Councilman Keith Stephens. Staff present included: City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Police Chief, John Duscio; Finance Director, Linda Bantz; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Hogue gave the invocation and City Manager Manson led the Pledge of Allegiance. PRESENTATIONS • Presentation for Municipal Court Week November 4-8 Mayor Hogue presented a proclamation designating the week of November 4th through the 8th as Municipal Court Week. Municipal Court Supervisor Lisa Davis and Deputy Court Clerk Alexa Foster were present to accept the proclamation. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Minutes October 22, 2013 Wylie City Council Page 1 Bobby Heath, representing the Wylie Downtown Merchants Association, invited council and those present to attend the Boo on Ballard; a Halloween event hosted by the downtown merchants to be held Thursday, October 24, 2013 in Historic Downtown Wylie. Donald Satchel) and Warren Lewis, both Wylie residents, spoke to council about the need for a recall election for two council members. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the October 8, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30, 2013. (L. Rant, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2013. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for September 30, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2013-2014 in the amount of$29,652.42. (R. Orozco, Library Director) F. Consider, and act upon, approval of a Final Plat for Caliber Collision Addition Lot 1, Block A, establishing one commercial lot on 2.00 acres, generally located on Westgate Way just north of FM 544. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Preliminary Plat for Creekside South Apartments, Lot 1, Block A, creating a single lot, for the development of a 252 unit multi-family complex, generally located north of McMillen Road and west of Lewis Drive within the Creekside Subdivision. Property zoned PD 99-32-MF. (R. 011ie, Planning Director) H. Consider, and act upon, approval of a Preliminary Plat for Kreymer Estates Phase II consisting of 23.171 acres for 60 single family residential lots and 2 open space lots dedicated to the City of Wylie, generally located west of W.A. Allen Boulevard, south of E. Brown Street. (R. 011ie, Planning Director) I. Consider, and act upon, Ordinance No. 2013-40, amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter describe property, zoning case number 2013-06; repealing Ordinance Minutes October 22, 2013 Wylie City Council Page 2 No. 2007-35-neighborhood services (PD-NS), containing 4.86± acres of land situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot l and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as document #2004-0041078 in the plat records of Collin County, Texas and placing the same in the zoning classification of Planned Development Single Family Detached District (PD 2013-40-SF) to accommodate the continuation of Single Family Residential Subdivision (PD 2002-52); providing for repealing, savings and severability clauses; providing for a penalty for the violation of this ordinance; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (R. 011ie, Planning Director) J. Consider, and act upon, the approval of the purchase of three (3) vehicles from Reliable Chevrolet in an estimated amount of $105,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) K. Consider, and act upon, the rescindment of agenda Item H of the October 8, 2013. Council Meeting for the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of$139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al. (G. Hayes, Purchasing Agent) L. Consider, and act upon, the approval of the purchase of five (5) Police Impala vehicles from Reliable Chevrolet in an estimated amount of $110,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) M. Consider, and act upon, the approval of the purchase of Liability, Auto, Errors & Omissions, Law Enforcement Liability, Real & Personal Property, and Workers Compensation insurance in the amount of $370,289 from Texas Municipal League Intergovernmental Risk Pool for fiscal year 2013-14, and authorize the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) N. Consider, and act upon, Resolution 2013-24(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), drainage easements and related improvements for the construction, access, repair, maintenance and replacement of and/or improvements to the Ballard Avenue Project (from Alanis Drive to the Collin County line); giving notice of an official determination to acquire properties for rights-of-way (in fee simple), drainage easements and related improvements for the Ballard Avenue Project (from Alanis drive to the Collin county line); authorizing the City Manager of the City of Wylie, Texas to establish procedures for acquiring the rights-of-way (in fee simple), drainage easements and related improvements, offering to acquire the rights-of-way (in fee simple), drainage easements and related improvements voluntarily from the landowners through the making of bona fide offers; authorizing the use of eminent domain to Minutes October 22, 2013 Wylie City Council Page 3 condemn; appropriating funds. (C. Holsted, City Engineer) O. Consider, and act upon, Resolution 2013-25(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements for the construction, access, repair, maintenance and replacement of and/or improvements to the country Club Road (FM 1378) project (from N. Parker Road to S. Parker Road); giving notice of an official determination to acquire properties for rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements for the Country Club Road (FM 1378) Project (from N. Parker Road to S. Parker Road); authorizing the City Manager of the City of Wylie, Texas to establish procedures for acquiring the rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements , offering to acquire the rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements voluntarily from the landowners through the making of bona fide offers; authorizing the use of eminent domain to condemn; appropriating funds; providing for repealing, savings and severability clauses and providing for an effective date. (C. Holsted, City Engineer) P. Consider, and act upon, approval of Ordinance No. 2013-41 creating a construction work zone for traffic and temporarily reducing the rate of speed therein, on Stone Road from Akin Lane to W.A. Allen Boulevard and on FM 544 from Stone Road to Collins Boulevard, in the city limits of the City of Wylie; defining the speed limit, requiring the placement of signs; declaring what may be a sufficient complaint in prosecutions hereunder; providing for a penalty for the violation of this ordinance; providing for severability, savings and repealing clauses; and providing for an effective date of this ordinance. (C. Holsted, City Engineer) Q. Consider, and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Laer Trams — Wooded Creek Wylie, LLC, for the development of Wooded Creek Phase 2. Located east of Wooded Creek Avenue and north of Lakeside Drive. (R. 011ie, Planning Director) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wlntters to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, amending the Zoning Ordinance regarding amendments to: Article 4 (Nonresidential Standards), Article 5 (Use Minutes October 22, 2013 Wylie City Council Page 4 Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to fences. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie address council stating that the Zoning Ordinance has rules and requirements for vehicle parking within the City of Wylie. Staff regularly reviews various sections of the Ordinance and updates are recommended to reflect current conditions within the City, recognize real world changes that may affect the application of the Ordinances, adjust for technological advances, and clarify wording that may have been, or has become, unclear. This section deals with recommended updates to the parking Ordinance and Fence requirements. 011ie introduced Planner Jasen Haskins to present recommended amendments to the parking and fencing sections of the Comprehensive Zoning Ordinance. Parking - Haskins explained that the objectives of the update are to simplify and unify parking regulations and calculations and reduce, where practical, the amount of required parking. Additionally this will increase the amount of developable land within the City. Consideration was also given to implementing sound alternative parking standards. Staff's first objective was to simplify the calculations required to determine minimum parking for a given use. Currently there are eight different ways that are used to calculate required parking depending on the use. 1. Square footage of the building(s) 2. Square footage of the entire site 3. Number of employees 4. Number of seats 5. Fixed number based on Specific Use 6. Variable number based on Specific Use 7. Site Plan review 8. Various combinations of the above The proposed amendments reduce these eight to two: 1. Square footage of the building(s) 2. Site Plan review Haskins displayed current usage of parking lots for all categories of commercial, indicating the large amount of un-used parking. He then displayed the recommended changes and how the percent of un-used parking spaces is decreased and can be better utilized for development. He stated that in comparing the City's current parking requirement to other cities, he found that requirements were overstating the number of spaces needed for a majority of the various uses. Based on the research staff recommends that the required parking for most uses listed in the Zoning Ordinance be reduced. As for the third objective, reducing the required parking could increase the value of the developable land within the City and that densities can increase, where appropriate. Undeveloped commercial or industrial land can develop at higher densities because less room will be required for parking. In addition, certain existing developments within the City could redevelop land currently used as parking. Haskin reported that in the recommendations, alternative residential parking would be acceptable on a case by case basis for certain types of sod parking as an additional parking alternative. This parking would not take the place of primary concrete parking but could be used for additional parking on the side, back or front of the residence. Planner Haskin noted based on the research, staff recommends that the required parking for most uses listed in the Zoning Ordinance be reduced. Minutes October 22, 2013 Wylie City Council Page 5 Fencing - Haskin explained that with regard to fencing amendments, both the Zoning Ordinance and the City Code of Ordinances have rules and requirements for fences within the City of Wylie. Every few years these Ordinances are reviewed and updates are recommended to reflect current conditions within the City, recognize technological changes that may affect the application of the Ordinances, and clarify wording that may have been, or has become, debatable. Currently, the Zoning Ordinance contains part of the regulations for how a fence is constructed. For example, fence height is a function of construction as it can vary greatly depending on the type, location, and use of the fence. As much as possible, these rules have been moved to the City Ordinance. An exception to this general rule regarding the Zoning Ordinance is fencing within Special Overlay Districts. In such areas and where different, the Zoning Ordinance alters and supersedes the rules contained in the City Ordinance. In recent years, the Zoning Board of Adjustments has approved variance requests for fencing with the support of some citizens. Those requests, namely rail and post placement and the use of wooden posts are reflected in the changes to the Ordinances. Staff feels that the placement of rails and posts on the outside of the fence is reasonable if such placement is not visible from a public street. The use of wooden post as an acceptable material is debatable, as these are proven to require more maintenance, but are by some considered more aesthetically pleasing. The City Ordinance does address the maintenance issue by requiring fences to be properly maintained. Public Hearing Mayor Hogue opened the public hearing for Item #1 at 6:55 p.m. asking anyone present wishing to address council to come forward and keep their comments to 3 minutes. No one was present to address council during the public hearing. Mayor Hogue closed the public hearing at 6:55 p.m. Council Action A motion was made by Councilman Wintters, seconded by Councilman Jones to approve, amending the Zoning Ordinance regarding amendments to: Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to fences, and to include allowing alternative parking material for non-primary residential parking and requiring metal post for fencing, and rails; post must be to the inside when facing a public street or open space. A vote was taken and the motion passed 6-1 with Mayor Hogue, Councilman Jones, Councilman Wintters, Councilman Scott, Councilman Stephens, and Councilwoman Culver voting for and Mayor pro tem White against. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2013-40 and 2013-41 into the official record. Minutes October 22, 2013 Wylie City Council Page 6 WORK SESSION • Comprehensive Annual Financial Report Training. (L. Bantz, Finance Director) John J. DeBurro, CPA and Senior Auditor for Weaver, LLP gave an overview of the compilation of a Comprehensive Annual Financial Report. Areas reviewed included the Introductory, Financial and Statistical sections of the CAFR. • Presentation for the proposed JazzArts Festival to be held May 3, 2014. (C. Ehrlich, City Secretary) Public Art Advisory Board (PAAB) liaison Ehrlich addressed council stating that during the budget work session the Public Art Board had requested and received funding for a new JazzArts Fest to be held in the spring of 2014. She reported the board had completed some of the planning for the new event and at the request of council was coming to council to report on the initial plans. The event date is set for May 3, 2014. She introduced PAAB Chair Anne Hiney. Chair Hiney reviewed with council some of the goals of the board in providing the new event. They included: • Introduce the arts to the citizens of Wylie and surrounding cities • Highlight the Municipal Complex as a destination and promote the Recreation Center and Library • Provide another quality community event • Raise money for the public art program to fund additional art projects • Introduce people throughout the Metroplex to Wylie Hiney reviewed some of the elements for the event including: Fine artists (sculptures, painters, photographers and more); Children's Activities (instrument petting zoo, caricatures, face painting, pottery making and more); Gourmet Food Trucks; Junior High, High School, Collegian, and professional jazz groups entertaining all day/evening; tours of the facilities and art sites, and potential wine sales. Hiney explained the Public Art Board felt the wine sales would be a very nice addition to the event and noted there were local wineries in the area that might be interested in participating. She noted that the board was requesting direction from council prior to doing further research on the consumption and sale of wine; which could require an ordinance amendment. Direction from council was to further research the ability to sell wine at the event and bring an item back to council for possible consideration. Council members stated excitement for the event and thanked staff and the PAAB members for their work regarding the event. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:26 p.m. Minutes October 22, 2013 Wylie City Council Page 7 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman 800tt, seconded by Councilman Jones to adjourn the meeting ot8:15 p.m. A vote was taken and the motion passed 7-O. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes October 22. 2O13 Wylie City Council Page OF tykt, NA Wylie City Council V AGENDA REPORT 4rf at iv 1ss7 5 ' Meeting Date: November 12, 2013 Item Number: B Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Multiple Accounts Date Prepared: Randy Corbin Budgeted Amount: $56,257.19 Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2013-42 amending Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of administering an Interlocal Agreement between The City of Wylie, Texas and the Town of Fairview for dispatch services authorized by Resolution No. 2013-21(R); providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. Recommendation Motion to approve, Ordinance No. 2013-42 amending Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of administering an Interlocal Agreement between The City of Wylie, Texas and the Town of Fairview for dispatch services authorized by Resolution No. 2013-21(R); providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. Discussion On September 10, 2013, Ordinance No. 2013-35 was passed to approve the 2013-2014 budget for the City of Wylie. On September 24, 2013, the City Council of the City of Wylie approved Resolution No. 2013-21(R) approving an Interlocal Agreement between the City of Wylie and the Town of Fairview which will provide Fairview Fire Department with dispatching services. The ILA states the City of Wylie will answer 911 emergency/non-emergency calls transferred from the Fairview PSAP provided by CCSO dispatching center for fire and EMS services for a fee of $53,313.30 annually for the first year. The cost will adjust each year thereafter and as necessary, to cover personnel costs for the additional dispatcher. Page 1 of 1 ORDINANCE NO. 2013-42 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2013-35 (2013-2014 BUDGET) FOR THE PURPOSE OF ADMINISTERING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND THE TOWN OF FAIRVIEW FOR DISPATCH SERVICES AUTHORIZED BY RESOLUTION NO. 2013-21(R); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of, Wylie, Texas ("Wylie") to amend Ordinance No. 2013-35(R) (2013-2014 Budget) for the purpose of administering an Interlocal Agreement between the City of Wylie and the Town of Fairview for dispatch services as authorized by Resolution No. 2013-21(R); and WHEREAS, the estimated cost of the Program is Fifty-Three Thousand Three Hundred Thirteen Dollars and 30/100 ($53,313.30); and WHEREAS, the estimated revenues of the Program are Fifty-Three Thousand Three Hundred Thirteen Dollars and 30/100 ($53,313.30). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2013-35(R) (2013-2014 Budget). Ordinance No. 2013-35(R) (2013-2014 Budget) is hereby amended to allow for the following appropriation: Fifty-Three Thousand Three Hundred Thirteen. Dollars and 30/100 (S53,313.30), collected as revenue shall be deposited into Revenue Account 100-4000-43532 (General Fund); and Twenty-Nine Thousand Six Hundred Forty-Seven. Dollars and 80/100 (S29,647.80) shall be appropriated to Expense Account 1 00-524 1-5 1 1 1 0 of the General Fund; and Four Thousand Two Hundred Thirty-Five Dollars and 40/100 ($4,235.40) shall be appropriated to Expense Account 100-5241-51135 of the General. Fund; and Forty-Eight Dollars and 00/100 ($48.00) shall be appropriated to Expense Account 1.00- 5241-51.1.40 of the General Fund; and Ordinance No.2013-42-Amending 2013-2014 Budget Ordinance No.2013-35 Supported by Resolution No.2013-21(R)ILA City of Wylie/Town of Fairview Page 1 of 3 Three Hundred Sixty-Three Dollars and 00/100 ($363.00) shall be appropriated to Expense Account 100-5241-51230 of the General Fund; and Four Thousand Five Hundred Four Dollars and 10/100 ($4,504.10) shall be appropriated to Expense Account 100-5241-51310 of the General Fund; and Thirteen Thousand Forty-Two and 60/100 ($13,042.60) shall be appropriated to Expense Account 100-5241-51410 of the General Fund; and One Hundred Sixty-Eight Dollars and 99/100 ($1.68.99) shall be appropriated to Expense Account 100-5241-51420 of the General Fund; and Two Thousand One Hundred Twenty-One and 99/100 ($2,121.99) shall be appropriated to Expense Account 100-5241-51.440 of the General Fund; and Four Hundred Ninety-Six Dollars and 27/1.00 ($496.27) shall be appropriated to Expense Account 100-5241-51450 of the General Fund; and Fifty-Nine Dollars and 03/100 ($59.03) shall be appropriated to Expense Account 100- 5241-51.470 of the General Fund; and Two Hundred Seventy Dollars and 00/100 (S270.00) shall be appropriated to Expense Account 1.00-5241-51.480 of the General Fund. One Thousand Three Hundred Dollars and 00/100 ($1,300.00) shall be appropriated to Expense Account 1.00-5241-56210 of the General. Fund. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date: This Ordinance shall become effective immediately upon its passage. Ordinance No.2013-42-Amending 2013-2014 Budget Ordinance No.2013-35 Supported by Resolution No.2013-21(R)ILA City of Wylie/Town of Fairview Page 2 of 3 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of November, 2013. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Ordinance No.2013-42-Amending 2013-2014 Budget Ordinance No.2013-35 Supported by Resolution No.2013-21(R)ILA City of Wylie/Town of Fairview Page 3 of 3 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES This Agreement made and entered into this (;;;') day of Grids r , 2013, by and between the City of Wylie, Texas ("Wylie") and the Town of Fairview, Texas ("Fairview"), both Texas municipal corporations, acting herein through their duly authorized agents, officers and employees ("Agreement"). Wylie and Fairview are individually and collectively referred to herein, respectively, as "party" or"parties". _ WITNESSETH WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services ("EMS"), and first responder general fire services (collectively, "Services"); and WHEREAS, Wylie provides these Services to the citizens of Wylie and has the capacity to service other municipalities; and WHEREAS, Fairview has investigated and determined that it would be advantageous and beneficial to Fairview and its inhabitants for Wylie to provide the Services to Fairview and its inhabitants; and WHEREAS, Fairview desires to engage Wylie, and Wylie desires to be engaged by Fairview, to provide the Services as set forth herein; and WHEREAS, the governing bodies of Wylie and Fairview desire to foster good-will and cooperation between the two (2) entities; and WHEREAS, Wylie and Fairview deem it to be in the best interest of both entities to enter into this Agreement in order to provide the Services described herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, WYLIE AND FAIRVIEW AGREE AS FOLLOWS: I. Services to be Performed Wylie shall provide to Fairview the Services in accordance with the terms and conditions of this Agreement. In order to facilitate such Services, Fairview shall provide to Wylie on a continuing basis, accurate, timely, current data including all necessary street names and address numbers, apparatus types and numbers, and response information, as well as any and all necessary dispatching information unique to the operation of Fairview Fire Rescue Department ("FFR"), FFR being a department of the Town of Fairview. Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 1 of 8 II. Term of Agreement This Agreement shall become effective on December 1, 2013 ("Effective Date") and end on September 30, 2014 ("Primary Term"), unless terminated in the manner described in Section III, "Termination" below and/or renewed as provided herein. Following the Primary Term, this Agreement shall renew automatically for four (4) successive one (1) year terms, beginning October 1st and ending September 30th of each year, upon the same terms and conditions as set forth herein, or as amended; provided, however, that the Agreement has not been terminated in the manner described in Section III "Termination", below. Notwithstanding the commencement of the Primary Term as provided above, the parties agree that all technology and data necessary to provide the Services shall be installed by December 16, 2013, for testing purposes. III. Termination This Agreement may be terminated prior to the expiration date noted in Section II "Term of Agreement" above with the occurrence of either of the following: 1. Either party may terminate the Agreement upon providing the other party written notice of termination at least one hundred twenty (120) days prior to the anticipated date of termination; or 2. Mutual agreement of termination of the Agreement, executed in writing by both parties, without the requisite one hundred twenty (120) day prior written notice. At the sole discretion of Wylie, this Agreement may be terminated immediately or renegotiated in the event Fairview annexes additional territory into its corporate limits and/or increases the area FFR services without first providing Wylie with written notification of the newly annexed territory and/or increased service area at least thirty (30) days before effective date of the newly annexed territory/area. IV. Compensation and Payment Fairview, out of current revenues available, shall pay to Wylie the amount of FIFTY- THREE THOUSAND THREE HUNDRED THIRTEEN and 30/100 dollars ($53,313.30) within fourteen (14) days of execution of this Agreement. This amount shall compensate Wylie for dispatch services provided during ten (10) months of the first year of the Primary Term. Such amount is based upon the costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement ("Compensation Amount"). For any successive years following the Primary Term, the Compensation Amount shall be an amount equal to the sum of Wylie's annual costs to cover: (i) the base pay rate for an entry-level dispatcher increased by any cost of living and/or average merit pay increases that are budgeted for the upcoming fiscal year; (ii) such dispatcher's expected overtime pay; and (iii) Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 2 of 8 employee benefits normally provided to such a dispatcher position by Wylie that are separate and apart from pay rate and overtime pay. Further, there will be an annual fee paid for administrative services to be charged at ten percent (10%) of the Compensation Amount. This annual administrative fee shall also be paid for the period of time covered by the Primary Term as stated in Section II "Term of Agreement" above. The formula for determining the Compensation Amount shall be reviewed by Wylie and Fairview each year of the Agreement for possible adjustments that would modify the Compensation Amount, but Wylie shall have the final determination as to the Compensation Amount for each successive year. All payments shall be made annually within fourteen days (14) days of the start of the Primary Term and within fourteen (14) days of October 1st for each of the successive one (1) year terms. Any increases anticipated for costs for providing the Services shall be communicated by Wylie to Fairview in writing at least ninety (90) days prior to the beginning of each of the successive four (4) year terms for budgeting purposes. To the extent that the total amount of any such increases communicated by Wylie—including both the Compensation Amount and the ten percent (10%) fee for administrative services—would be in excess of fifteen percent (15%) of the full amount of Fairview's payment for the previous year term, Fairview may at its discretion elect to terminate this Agreement by providing Wylie written notice of termination at least sixty (60) days before the start of said successive term. In such event, this Agreement shall be deemed to terminate immediately before said successive term would have commenced and the parties shall have no further obligations under this Agreement. Compensation for any period shall be prorated in any period termination occurs prior to the expiration date. In addition, Fairview shall provide to Wylie, at its sole expense, any communications lines or equipment deemed necessary by either party, to provide the Services, and said communications lines or other equipment, shall be installed at locations designated by Wylie. V. Responsibilities of Parties A. Fairview shall be responsible for the following: (1) Purchase, installation, operation and maintenance of any and all necessary information technology ("IT") equipment and fire station notification hardware and software as determined by Wylie. The required technology shall replicate Wylie technology to ensure interoperability. (2) Coordination with Wylie IT to facilitate and/or complete the terms of this Agreement. (3) Provide any and all data as required and/or requested by Wylie, including, but not limited to alarm progressions, premise information, MSAG, and GIS. The accuracy of the data is the sole responsibility of Fairview. All data must be accurate and provided in a timely manner. (4) Equip the two (2) FFR fire stations with a US Digital Design (USDD) station alerting system compatible with a similar USDD system installed in Wylie. (5) Transition to the Plano, Allen, Wylie and Murphy ("PAWM") emergency services dispatch system at a future date, but no later than December 16, 2013. Lease costs of the FFR operational channels on the PAWM system shall be the responsibility of Fairview and shall be paid in accordance with a contract between Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 3 of 8 Fairview and the municipality(ies) providing Fairview with the PAWM services. (6) Coordinate the answers of 9-1-1 calls to the Fairview PSAP Public Safety Answering Point ("PSAP") which is provided by the Collin County Sheriff's Office ("CCSO") dispatching center for the purpose of transferring Fire and EMS calls from the calling parties to Wylie for Services to be rendered as noted below in this Section. (7) Coordinate with CCSO dispatching center to remain available for dispatch services as backup. (8) Designate an employee as a point of contact. B. Wylie shall be responsible for the following: (1) Provide Services within the corporate and extra-territorial jurisdiction of Fairview as well as the areas covered by Fairview's mutual aid agreements. (2) Services will include: answering 911 emergency/non-emergency calls transferred from the Fairview PSAP provided by CCSO dispatching center; providing EMD (Emergency Medical Dispatching) services for EMS calls; providing dispatching for FFR general fire and/or EMS services to include dispatching of any contract EMS transport ambulance services under contract to Fairview (no police dispatching will be provided); provide Nixie pages as requested by Fairview. (3) Construct districts and box alarms based upon information provided by Fairview. (4) Supply all communications personnel and equipment to include consoles, phone and data communications lines, emergency backup generators to provide for dispatching services. (5) Supply the main dispatch channel on the PAWM system under a contract agreement with the PAWM member cities. (6) Supply electronic recording equipment for all FFR radio dispatch and operational channels as supplied by the PAWM emergency services dispatch system. (7) Provide electronic archiving capabilities of all relevant communications information (phone, text, radio, email) regarding FFR related events in accordance with industry standards and best practices. This communications information is also to be provided upon request by the Chief or Assistant Chief of FFR for specific circumstances in order to assist in evaluation and follow up inquiries of FFR related events. (8) Designate an employee as a point of contact, VI. Quality Assessment/Quality Inspection In order to provide the best possible service, a process will be established for the ongoing evaluation of the quality of Services by Wylie in addition to the adherence by Wylie and FFR of standard operating procedures for using the Wylie dispatching services and the PAWM emergency services dispatching system. At a minimum of one (1) time per each three (3) months and more frequently if deemed necessary, a QA/QI meeting and/or call will take place by the designated employee and/or Chief or Assistant Chief (collectively, "Chief Officers") of Wylie and FFR to undertake the following actions: (1) Review any open issues from previous meetings. (2) Review report data of the call handling times by Wylie dispatchers to include Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 4 of 8 time of receipt of call from external source to time of dispatch of FFR apparatus and compare those times to any defined benchmarks/performance metrics. (3) Review the handling of dispatched incidents from initial dispatch through the completion of the incident using a random sampling of incidents dispatched over the course of the review period and/or by the evaluation of specific incidents as requested by Wylie and/or FFR designated employee and/or Chief Officers. (4) Evaluate any items related to the adherence to standard operating procedures on the use of the PAWM system. (5) Establish follow up actions as a result of these review meetings to include: (i) a written description of the actions needed; (ii) define a responsible party assigned to complete each action; (iii) and define a timeframe for evaluation of the progress of the assigned action. (6) Establish a time for the next review session. VII. Dispute Resolution It is understood that from time to time there may a situation where a dispute will be raised by Wylie and/or Fairview that needs to be resolved in an acceptable manner. The dispute may include, but is not limited to: contractual, financial, personnel conflicts, call handling, technical, performance related to established benchmarks, or legal issues related to an incident . It is the desire of the Chief Officers of the parties to quickly and efficiently resolve all disputes in the simplest and most professional manner possible. Usually this can be achieved with a phone call or an Email message between the parties directly involved. For those disputes that cannot be resolved as stated above or cannot be achieved as stated below in Section X "Miscellaneous Provisions", shall be handled through the following administrative process as follows: (1) Dispute item is to be identified as soon as practicable so that a more formal review can be established. (2) Dispute item needs to be clearly articulated in writing by the initiating party to the other party including all relevant facts, times and personnel involved as well as any additional information which could assist in clarifying and resolving the dispute. (3) Once the dispute has been received, a discussion shall take place between the designated employees and/or respective Chief Officers as soon as possible but no later than seventy-two (72) hours after receipt of the dispute to determine if a resolution can be achieved without additional remedies being sought. If it can be resolved in this manner, a written account of the resolution to include the information contained in the initial dispute claim shall be issued by the person initiating the dispute item and signed by the same person. The party of the opposite organization who was involved in resolving the dispute shall receive and sign the written account of the resolution indicating their concurrence. A copy of the signed document is to be forwarded to the Chief Officers of Wylie and FFR. (4) If after an attempt to resolve a dispute item using the process stated above in the preceding bullet the dispute still exists, the dispute shall be escalated to the Wylie and FFR Assistant Chiefs or if they were already involved as noted above, to the respective Fire Chiefs for further dispute resolution. The Chief Officers are expected to find an acceptable resolution to the dispute in a Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 5 of 8 professional manner. Once resolved, the involved Chief Officers shall issue a signed written account of the dispute and the resolution and ensure a copy is received by the Fire Chiefs of Wylie and FFR. The resolution is also to be shared with the impacted personnel of each agency to ensure everyone understands the resolution. (5) If all other efforts to resolve a dispute item as noted above cannot be attained, the Wylie and FFR Fire Chiefs shall inform their respective City/Town Managers in order to establish a course of action for resolving the dispute. The respective City/Town Managers shall then direct the resolution efforts as they deem appropriate. Any resolution achieved pursuant to the procedures set forth in this Section VII shall in no way affect the ability of either party to exercise any and all remedies available to it under law and in equity. VIII. Relationship of Parties The parties intend that Wylie, in performing Services specified in this Agreement, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Neither Wylie, its officers, agents, employees, volunteer help or any other person operating under this Agreement shall be considered an agent or employee of Fairview and shall not be entitled to participate in any pension or other benefits that Fairview provides its employees. IX. Acceptance of Responsibility Wylie agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Wylie employees and agents undertaken in the performance of this Agreement. Fairview agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Fairview employees and agents undertaken in the performance of this Agreement. X. Miscellaneous Provisions a. Notice. Any notice provided or required to be given under the terms of this Agreement, must be in writing and may be served by depositing same in the United States Mail, properly addressed, postage pre-paid, registered or return receipt requested or by hand-delivery. All notices and communications concerning this Agreement to be mailed or delivered to Wylie shall be sent to the address of Wylie as follows, unless and until Fairview is otherwise notified: Fire Chief Wylie Municipal Complex 300 Country Club Wylie, Texas 75098 All notices and communications under this Agreement to be mailed or delivered to Fairview shall be sent to the address of Fairview as follows, unless and until the Wylie is otherwise Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 6 of 8 notified: Fire Chief Town of Fairview—Town Hall 372 Town Place Fairview, Texas 75069 Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail or hand-delivered by other means. b. Entire Agreement. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. c. Governing Law and Venue. This Agreement and any of its terms, conditions or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Venue for this Agreement shall lie in Collin County, Texas. d. Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. e. Severability. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. f. Authorization. The undersigned officer and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. g. Amendments. Wylie and Fairview may amend this Agreement only through mutual agreement in writing. h. Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed to be an original. i. Waiver. Notwithstanding any provision to the contrary, Wylie and Fairview do not waive any rights or obligations it may have, either at common law or by statute, through this Agreement or any other agreement between these same parties. j. Assignment. This Agreement is not assignable. Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 7 of 8 k. Sovereign Immunity. The parties agree that no portion of this Agreement shall be interpreted in a manner that would waive either party's sovereign immunity and neither of the parties waive their sovereign immunity by entering into and performing their respective obligations under this Agreement. 1. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed,that each party has had an opportunity to confer with counsel,on the matters contained herein. m. Drafting Provisions. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this Agreement. EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. TOWN OF FAIRVIEW,TEXAS CITY OF WYLIE,TEXAS C1Cei.t' Julie ouch,Town Manager Mindy Mans , City Manager ATTEST: ATTEST: • LLA CLtk.-Q-U in-l/S\C fiCatt 40, Michelle Lewis Sirianni, Town Secretary Carole Ehrlich, ity Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Yw� Clark McCoy,Town Attorney Courtney kendall,City Attorney Date: 10- -13 Date: /(r')-/'/32 Interlocal Agreement for Emergency Dispatch Services(Fairview) Page 8 of 8 RESOLUTION NO. 2013-21(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE TOWN OF FAIRVIEW FOR THE PERFORMANCE OF GOVERNMENTAL FUNCTIONS AND SERVICES; SPECIFICALLY, EMERGENCY DISPATCH SERVICES ASSOCIATED WITH FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES FIRST RESPONDER GENERAL FIRE SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between the Town of FAIRVIEW and the City of WYLIE, Texas for the performance of governmental functions and services, specifically, emergency dispatch services associated with fire rescue, and emergency medical services first responder general fire services, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 24th day of September,2013. 4., t ERIC HOGU , M or ATTEST TO: r OF kl loaf f 416 CA OLE EHRL� , City Secretary ti sow.�E RALW4Y Ts'�2'P OF T67L0'o1887a s Resolution No.2013-21(R)-Interlocal Agreement for Dispatch Se Town of Fairview and the City of Wylie Page 1 of 1 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES This Agreement made and entered into this 24th day of September, 2013, by and between the City of Wylie, Texas ("Wylie") and the Town of Fairview, Texas ("Fairview"), both Texas municipal corporations, acting herein through their duly authorized agents, officers and employees ("Agreement"). WITNESSETH WHEREAS,the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services ("EMS") first responder general fire services ("Services"); and WHEREAS, Wylie provides these Services to the citizens of Wylie and has the capacity to service other municipalities; and WHEREAS, Fairview has investigated and determined that it would be advantageous and beneficial to Fairview and its inhabitants for Wylie to provide the Services to Fairview and its inhabitants; and WHEREAS, Fairview desires to engage Wylie, and Wylie desires to be engaged by Fairview,to provide the Services as set forth herein; and WHEREAS, the governing bodies of Wylie and Fairview desire to foster good-will and cooperation between the two (2) entities; and WHEREAS, Wylie and Fairview deem it to be in the best interest of both entities to enter into this Agreement in order to provide the Services described herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, WYLIE AND FAIRVIEW AGREE AS FOLLOWS: I. Services to be Performed Wylie shall provide to Fairview the Services in accordance with the terms and conditions of this Agreement. In order to facilitate such Services, Fairview shall provide to Wylie on a continuing basis, accurate, timely, current data including all necessary street names and address numbers, apparatus types and numbers, and response information, as well as any and all necessary dispatching information unique to the operation of Fairview Fire Rescue (FFR) Department operations. Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 1 of 8 II. Term of Agreement This Agreement shall become effective on December 1, 2013 (the "Effective Date") and end on September 30, 2014 (the "Primary Term"), unless terminated in the manner described in Section III, "Termination" below and/or renewed as provided herein. Following the Primary Term, this Agreement shall renew automatically for four (4) successive one (1) year terms, beginning October 1st and ending September 30`" of each year, upon the same terms and conditions as set forth herein, or as amended; provided, however, that the Agreement has not been terminated in the manner described in Section III "Termination" below. Notwithstanding the commencement of the Primary Term as provided above, the parties agree that all technology and data necessary to provide the Services shall be installed by December 16, 2013 for testing purposes. III. Termination This Agreement may be terminated prior to the expiration date noted in Section II "Term of Agreement"above with the occurrence of either of the following: 1. Either party may terminate the Agreement upon providing the other party written notice of termination at least one hundred twenty (120) day prior to the anticipated date of termination; or 2. Mutual agreement of termination of the Agreement, executed in writing by both parties, without the requisite one hundred twenty (120) day prior written notice. At the sole discretion of Wylie, this Agreement may be terminated immediately or renegotiated in the event Fairview annexes additional territory into its corporate limits and/or increases the area FFR services without first providing Wylie with written notification of the newly annexed territory and/or increased service area at least thirty (30) days before effective date of the newly annexed territory/area. IV. Compensation and Payment Fairview, out of current revenues available, shall pay to Wylie the amount of Fifty Three Thousand Three Hundred Thirteen and 53/100 dollars ($53,313.30) within fourteen (14) days of execution of this Agreement. This amount shall compensate Wylie for dispatch services provided during the first year of the Primary Term. Such amount is based upon the costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement. For all subsequent years following the Primary Term and any renewals, the cost shall be calculated based on the base pay rate for an entry level dispatcher plus additional customary compensation and benefit fees (I.E. cost of benefits, standard overtime/vacation time-off and Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 2 of 8 annual merit pay raise percentage) as used for budgeting purposes of employees of the Wylie dispatch department. Further there will be an annual fee paid for administrative services to be charged at 10% of the annual rate for an entry level dispatcher and the additional customary compensation and benefit fees as stated above. This annual administrative fee shall also be paid for the period of time covered by the Primary Term as stated in Section II "Term of Agreement" above. The formula and/or pricing shall be reviewed by Wylie and Fairview each year of the Agreement for possible adjustments that would increase the cost for dispatch services. All payments shall be made annually within fourteen days (14) days of the start of the Primary term and within fourteen (14) days of October 1st for each of the successive one (1) year terms. Compensation for any period shall be prorated in any period termination occurs prior to the expiration date. In addition, Fairview shall provide to Wylie, at its sole expense, any communications lines or equipment deemed necessary by either party, to provide the Services, and said communications lines or other equipment, shall be installed at locations designated by Wylie. V. Responsibilities of Parties Fairview shall be responsible for the following: • Purchase, installation, operation and maintenance of any and all necessary information technology ("IT") equipment and fire station notification hardware and software as determined by Wylie. The required technology shall replicate Wylie technology to ensure interoperability. • Coordination with Wylie IT to facilitate and/or complete the terms of this Agreement. • Provide any and all data as required and/or requested by Wylie, including, but not limited to alarm progressions, premise information, MSAG, and GIS. The accuracy of the data is the sole responsibility of Fairview. All data must be accurate and provided in a timely manner. Equip the two (2) FFR fire stations with a US Digital Design (USDD) station alerting system compatible with a similar USDD system installed in Wylie. Transition to the Plano, Allen, Wylie, and Murphy (PAWM) emergency services dispatch system at a future date, but no later than December 16, 2013. Lease costs of the FFR operational channels on the PAWM system shall be the responsibility of Fairview and shall be paid in accordance with a contract between PAWM and Fairview. • Coordinate the answering of 9-1-1 calls to the Fairview PSAP (Public Safety Answering Point) which is provided by the Collin County Sheriff's Office (CCSO) dispatching center for the purpose of transferring Fire and EMS calls from the calling parties to Wylie for Services to be rendered as noted below in this Section. • Coordinate with CCSO dispatching center to remain available for dispatch services as a backup. • Designate an employee as a point of contact. Wylie shall be responsible for the following: • Provide Services within the corporate and extra-territorial jurisdiction of Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 3 of 8 Fairview. • Services will include: answering 911 emergency/non-emergency calls transferred from the Fairview PSAP provided by CCSO dispatching center; providing EMD (Emergency Medical Dispatching) services for EMS calls; providing dispatching for FFR fire and EMS services to include dispatching of any contract EMS transport ambulance services under contract to Fairview (no police dispatching will be provided); provide Nixie pages as requested by Fairview. • Construct districts and box alarms based upon information provided by Fairview. • • Supply all communications personnel and equipment to include consoles, phone and data communications lines, emergency backup generators to provide for dispatching services, • Supply the main dispatch channel on the PAWM system under a contract agreement with the PAWM member cities, • Supply electronic recording equipment for all FFR radio dispatch and operational channels as supplied by the PAWM emergency services dispatch system, • Provide electronic archiving capabilities of all relevant communications information (phone, text, radio, email) regarding FFR related events in accordance with industry standards and best practices. This communications information is also to be provided upon request by the Chief or Assistant Chief of FFR for specific circumstances in order to assist in evaluation and follow up inquiries of FFR related events. Designate an employee as a point of contact, VI. Quality Assessment/Quality Inspection In order to provide the best possible service, a process will be established for the ongoing evaluation of the quality of Services by Wylie in addition to the adherence by Wylie and FFR of standard operating procedures for using the Wylie dispatching services and the PAWM emergency services dispatching system. At a minimum of one (1) time per each three (3) months and more frequently if deemed necessary, a QA/QI meeting and/or call will take place by the designated employee and/or Chief or Assistant Chief(collectively Chief Officers) of Wylie and FFR to undertake the following actions: • Review any open issues from previous meetings, • Review report data of the call handling times by Wylie dispatchers to include time of receipt of call from external source to time of dispatch of FFR apparatus and compare those times to any defined benchmarks/performance metrics, • Review the handling of dispatched incidents from initial dispatch through the completion of the incident using a random sampling of incidents dispatched over the course of the review period and/or by the evaluation of specific incidents as requested by Wylie and/or FFR designated employee and/or Chief Officers, • Evaluate any items related to the adherence to standard operating procedures on the use of the PAWM system, • Establish follow up actions as a result of these review meetings to include: a written description of the actions needed, define a responsible party assigned to complete each action, and define a timeframe for evaluation of the progress of the assigned action, Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 4 of 8 • Establish a time for the next review session. VII. Dispute Resolution It is understood that from time to time there may a situation where a dispute will be raised by Wylie and/or Fairview that needs to be resolved in an acceptable manner. The dispute could take on many forms such as: contractual, financial, personnel conflicts, call handling, technical, performance related to established benchmarks, legal issues related to an incident as well as other forms not listed here. It is the desire of the Chief Officers to quickly and efficiently resolve all disputes in the simplest and most professional manner possible. Usually this can be achieved with a phone call or an Email message between the parties directly involved. For those disputes that cannot be resolved as stated above or cannot be achieved as stated below in Section X "Miscellaneous Provisions", shall be handled as follows: • Dispute item is to be identified as soon as practicable so that a more formal review can be established, • Dispute item needs to be clearly articulated in writing by the initiating party to the other party including all relevant facts, times and personnel involved as well as any additional information which could assist in clarifying and resolving the dispute, • Once the dispute has been received, a discussion shall take place between the designated employees and/or respective Chief Officers as soon as possible but no later than seventy two (72) hours after receipt of the dispute to determine if a resolution can be achieved without any more formal procedures being invoked. If it can be resolved in this manner, a written account of the resolution to include the information contained in the initial dispute claim shall be issued by the person initiating the dispute item and signed by the same person. The party of the opposite organization who was involved in resolving the dispute shall receive and sign the written account of the resolution indicating their concurrence. A copy of the signed document is to be forwarded to the Chief Officers of Wylie and FFR. • If after an attempt to resolve a dispute item using the process stated above in the preceding bullet the dispute still exists, the dispute shall be escalated to the Wylie and FFR Assistant Chiefs or if they were already involved as noted above, to the respective Fire Chiefs for further dispute resolution. The Chief Officers are expected to find an acceptable resolution to the dispute in a professional manner. Once resolved, the involved Chief Officers shall issue a signed written account of the dispute and the resolution and ensure a copy is received by the Fire Chiefs of Wylie and FFR. The resolution is also to be shared with the impacted personnel of each agency to ensure everyone understands the resolution. • If all other efforts to resolve a dispute item as noted above cannot be attained, the Wylie and FFR Fire Chiefs shall inform their respective City/Town Managers in order to establish a course of action for resolving the dispute. The respective City/Town Managers shall then direct the resolution efforts as they deem appropriate. Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-I Page 5 of 8 VIII. Relationship of Parties The parties intend that Wylie, in performing Services specified in this Agreement, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Neither Wylie, its officers, agents, employees, volunteer help or any other person operating under this Agreement shall be considered an agent or employee of Fairview and shall not be entitled to participate in any pension or other benefits that Fairview provides its employees. IX. Acceptance of Responsibility Wylie agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Wylie employees and agents. Fairview agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Fairview employees and agents. X. Miscellaneous Provisions a. Notice. Any notice provided or required to be given under the terms of this Agreement, must be in writing and may be served by depositing same in the United States Mail, properly addressed, postage pre-paid, registered or return receipt requested or by hand-delivery. All notices and communications concerning this Agreement to be mailed or delivered to Wylie shall be sent to the address of Wylie as follows, unless and until Fairview is otherwise notified: Fire Chief Wylie Municipal Complex 300 Country Club Wylie, Texas 75098 All notices and communications under this Agreement to be mailed or delivered to Fairview shall be sent to the address of Fairview as follows, unless and until the Wylie is otherwise notified: Fire Chief Town of Fairview—Town Hall 372 Town Place Fairview, Texas 75069 Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail or hand-delivered by other means. Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 6 of 8 b. Entire Agreement. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. c. Governing Law and Venue. This Agreement and any of its terms, conditions or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Venue for this Agreement shall lie in Collin County, Texas. d. Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. e. Severability. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. f. Authorization. The undersigned officer and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. g. Amendments. Wylie and Fairview may amend this Agreement only through mutual agreement in writing. h. Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed to be an original. i. Waiver. Notwithstanding any provision to the contrary, Wylie and Fairview do not waive any rights or obligations it may have, either at common law or by statute, through this Agreement or any other agreement between these same parties. j. Assignment. This Agreement is not assignable. k. Sovereign Immunity. The parties agree that neither has waived its sovereign immunity by entering into and performing its obligations under this Agreement. 1. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed, that each party has had an opportunity to confer with counsel, on the matters contained herein. m. Drafting Provisions. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 7 of 8 language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this Agreement. EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. TOWN OF FAIRVIEW,TEXAS CITY OF WYLIE,TEXAS Julie Couch, Town Manager Mindy Manson, City Manager ATTEST: ATTEST: Michelle Lewis Siriani, Town Secretary Carole Ehrlich, City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Clarke McCoy Abernathy, Roeder, Boyd &Joplin, P.C. Town Attorney Courtney Kuykendall, City Attorney Date: Date: Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 8 of 8 ORDINANCE NO. 2013-35 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2013-2014, BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2013-2014; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 27, 2013, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained t&ierein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2013-2014. Section 2. That the sum of seventy-three million, three hundred thirty-three thousand, and three hundred two dollars, $73,333,302 is hereby appropriated for the City's FY 2013-2014 Budget. These funds are for payment of operating, capital, and debt service expenses associated with the operation and administration of the City according to the various purposes and intents described in the FY 2013-2014 budget document. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No.2013-35 Adopting a Budget&Appropriating Resources for Fiscal Year 2013-2014 Page 1 of 2 Section 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 10th day of September, 2013. Eric ogue, Ma ot° 71'-{-. OF tiV� ATTEST: ` •w, Carole Ehrlich, C ecretary , co1DRAo r[RAW* to 018870 s"TP OF Tg g Date of publication in The Wylie News- /cP-esO/LI 111 Ordinance No.2013-35 Adopting a Budget&Appropriating Resources for Fiscal Year 2013-2014 Page 2 of 2 Wylie City Council ar AGENDA REPORT Meeting Date: November 12, 2013 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 28, 2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2013-44 amending Chapter 22, Article XI,providing for a penalty for the violation of this ordinance. Recommendation Motion to approve, Ordinance No. 2013-44 amending Chapter 22, Article XI, providing for a penalty for the violation of this ordinance. Discussion To amend, supplement, or change the regulations provided in the City Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The amendment is to establish regulations regarding fencing requirements as provided for from previous Planning and Zoning and City Council meetings. City Ordinance Chapter 22, Article XI, herein by the granting of this Ordinance. Page 1 of 1 ORDINANCE NO. 2013-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 22, ARTICLE XI, PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council")has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie")to amend the City Ordinance, Chapter 22,Article XI. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to City Ordinance Chapter 22, Article XI The City of Wylie's City Ordinance Chapter 22, Article XI is hereby amended as shown in Exhibit"A". SECTION 3: Savings/Repealing Clause: Wylie's City Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2013-44-Amending Chapter 22,Article XI Page 1 of 2 SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of November, 2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Ordinance No. 2013-44-Amending Chapter 22,Article XI Page 2 of 2 Exhibit "A" Sec. 22-231. Purpose of article. The purpose of this article is to regulate the construction, erection, enlargement, alteration and maintenance of all fences within the boundaries of the city in order to provide a practical safeguarding of life, health and property from hazards that may arise from improper construction of such installations. However, this article and the provisions of this article shall not apply to fences erected or maintained in districts within the city which are zoned but are still under agricultural use as undeveloped property. (Ord. No. 78-15, §I, 4-18-1978; Code 1991, ch. 3, § 12.01;Code 1997, §22-386) Sec. 22-232. Permit to install or alter required. (a) It shall be unlawful for any person to install or cause to be installed, or to permit any person to install a fence or to make any alterations, additions or changes to a fence, without first having procured a permit to do so from the building official. However, a property owner may replace, or caused to be replaced, up to one pole or 16' linear feet of pickets or rails in any given 30 day period to repair a damaged fence without a permit. (b) The fee for a permit required by this article shall be as provided for in the fee schedule located in appendix C to this Code and shall be paid prior to the issuance of the permit. (c) The building official shall require a plot plan showing the lot size, all improvements on the lot, and the proposed location of the fence to be constructed before a permit will be issued under this article. (d) The building official may refuse to issue a permit under this article to any person who has been convicted of a violation of any provision of this article. (Ord. No. 78-15, §II, 4-18-1978;Code 1991, ch. 3, § 12.02;Code 1997, §22-387) Sec. 22-233. Regulation of electric fences. (a) No fence constructed in such a manner that it may continuously conduct electrical current may be allowed in any zoning district wherein farm animals are not allowed. (b) Single-strand wires designed to conduct electricity through an approved low-voltage regulator shall be allowed only along the interior base line of an otherwise permitted fence. No permit shall be required for the erection and maintenance of such single- strand electric wires. (Ord. No. 78-15, §III, 4-18-1978;Code 1991, ch. 3, § 12.03;Code 1997, §22-388) Sec. 22-234. Compliance with the zoning ordinance. All fences and fence locations shall conform to the requirements of the zoning ordinance of the city, and nothing in this article shall be construed as permitting construction of a fence which would violate the provisions of the zoning ordinance, as such ordinance presently exists or as it may be hereafter amended. (Code 1991, ch. 3, §12.04; Code 1997, §22-389) Sec. 22-235. Location on or protrusion over city property. No privately owned fence or guy wires, braces or any other part of a privately owned fence shall be constructed upon or caused to protrude over property owned by the city. (Code 1991, ch. 3, § 12.05; Code 1997, §22-390) Sec. 22-236. Visibility obstruction. No fence shall be erected or maintained in a manner so as to be a visibility obstruction as indicated in figure 1 of this section and made a part of this section. 1 ..: L_____________ IITwttT a,• V witx esaTO4eTW+t Um( r q w : PRPratrt T,..1Ot t TIwM \ 1•tP.,. Ye. , s fa AWAY TO SO►ttt. oe MVP 0Os*OYc,IOs AREA OF VISI8SUTY J K 3 R u i (Ord. No. 78-15, § VI, 4-18-1978; Code 1991, ch. 3, § 12.06;Code 1997, §22-391) Sec. 22-237. Height limit and pole placement along rear yard or alley line in residential districts. No fence shall be constructed at a height exceeding eight feet along the rear yard or alley line in residential districts. Metal fencing poles may be placed on either side of the fence provided they are not visible from a public street or public open space such as a park or school. Exception swimming pool enclosure (see Sec. 22-247) (Ord. No. 78-15, § VII, 4-18-1978;Code 1991, ch. 3, § 12.07;Code 1997, §22-392) Sec. 22-238. Height limit and pole placement on side yard line in residential districts. No fence shall be constructed at a height exceeding eight feet on any side yard line in residential districts up to the building line of the house proper. All such fences constructed on side yard lines in residential districts must be vertical. Metal fencing poles may be placed on either side of the fence provided they are not visible from a public street or public open space such as a park or school. Exception swimming pool enclosure (see Sec. 22-247) (Ord. No. 78-15, § VIII, 4-18-1978;Code 1991, ch. 3, § 12.08;Code 1997, §22-393) Sec. 22-239. Height limit and pole placement on front yard fences in residential districts. No fence shall be constructed at a height exceeding 4 feet between the building line and front property line and/or street side building line for corner lots for residential buildings facing the side street, except for ornamental type fencing on lots exceeding '/2 acre. On lots exceeding '/2 acre the maximum height is 8 feet provided masonry columns are used. All ornamental type fences shall be at least 50 percent transparent. (Ord. No. 78-15, §IX, 4-18-1978; Code 1991, ch. 3, § 12.09;Code 1997, §22-394) Sec. 22-240. Height limit in industrial districts. No fence shall be constructed at a height exceeding ten feet in industrial districts. (Ord. No. 78-15, §X, 4-18-1978;Code 1991, ch. 3, § 12.10;Code 1997, §22-395) Sec. 22-241. Height limit around tennis courts; fence arms. Fences around tennis courts, regardless of the district in which they are located, shall be constructed at a height not exceeding ten feet, and fence arms shall not be allowed thereon. (Code 1991, ch. 3, § 12.11; Code 1997, §22-396) Sec. 22-242. Fence arms in residential district; limited in industrial districts. Fence arms shall not be permitted in residential districts or districts other than industrial. Fence arms may be permitted on fences located in industrial districts so long as they do not extend beyond the property line. (Ord. No. 78-15, §XII, 4-18-1978;Code 1991, ch. 3, § 12.12;Code 1997, §22-397) Sec. 22-243. Barbed wire. In no event shall barbed wire be permitted, on000t on arms in industrial zoning districts. (Code Y00t ch. 3, § Y2Y3, CoueY007, §22-308) Sec' 22-244' Inspection of new fences. When any fence for which a permit has been issued under this article is completed, it mount be inspected. The building official's office oho|| be notified upon COmp|BUOn of the fence. The building official will issue 8 C8nd of acceptance if the fence complies with the provisions 0f this article, 0r rejectthe fence ifit does not o0comply. (Ont No. 78-Y5, §)0K4-Y8-Y078, Code Y00tch. 3\ § Y214; Code YQQ7 §22-300) Sec_ 22-245_ Maintenance_ All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times, n88 Section 22-232 (Ond. No. 78-Y5, §)(K4-Y8-Y078, Code Y0QY. ch. 3, § Y2Yt(Code Y007 §22-40{) Sec' 22~246' Appeals from decisions under this article' Any appeal from an interpretation Of the building 0ffiCi3| Of the provisions of this article shall be made to the Construction Code Board. (Ord. No. 78-Y5, §Xl84-Y8-Y078, Code Y00Y' ch. 3, § Y2Yt( Code YDD7 §22-40Y) Sec' 22~247' Enclosures for swimming pools' (a) Required. Every swimming poo|, or excavation designed or intended to ultimately become a swimming pool, while under construction as well as after completion, shall be continuously protected by an enclosure surrounding the pool or excavated area in such a manner as to make such pool or excavated area reasonably inaccessible to onna|| children or animals. The fence (barrier) for a pool or spa shall be installed per the most currently adopted edition of International Swimming Pool and Spa Code. E|ecLrico|, solar or battery utility, 000000 and or service gates shall not be considered on part of the pool barrier 8d Exceptions to subsection (a) of this section. Exceptions to subsection (o) of this section are aofollows: (1) Subsection (o) of this section aho|| not apply to bodies of water other than swimming pools which are owned or controlled by the federal, state or county government, or any agency, subdivision or department thereof; or bodies of water located in natural drainage-ways. (2) In single-family occupancies, the enclosure may surround the entire single- family premises. (3) In multifamily occupancies, the enclosure may include the courtyard which surrounds the pool. (e) Maintenance of swimming pool without enclosure. It shall be unlawful to maintain any swimming pool in the corporate limits which is not protected by an enclosure in accordance with the requirements of this section. (f) Plans for swimming pools; requirements. All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this section, and the final inspection and approval of all pools constructed shall be withheld until all requirements of this section have been complied with by the owner, purchaser under contract, lessee, tenant or licensee. (Ord. No. 78-15, §XVII, 4-18-1978;Code 1991, ch. 3, § 12.17; Code 1997, §22-402) State law reference— Municipal authority concerning swimming pool enclosures, V.T.C.A., Local Government Code§214.101. Sec. 22-248. Fences in drainage easements. No fence shall be constructed within any drainage easement in the corporate limits of the city unless the city engineer shall have first determined and advised the building official, in writing, that he believes such fence shall, in all probability, not interfere with or impair the natural flow of water across the drainage easement. (Ord. No. 78-15, §XVIII, 4-18-1978;Code 1991, ch. 3, § 12.18; Code 1997, §22-403) Secs. 22-249-22-260. Reserved. Wylie City Council 4 ar AGENDA REPORT Meeting Date: November 12, 2013 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee,AICP, CBO Account Code: Date Prepared: November 5, 2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, approval of a Final Plat for Hensley Addition, Block A, Lots 1 & 2, consisting of 5.386 acres to establish two single family residential lots within Wylie's ETJ, generally located south of far eastern SH 78 and immediately south of Oak Road located in the City of Wylie's ETJ. Recommendation Motion to approve, a Final Plat for Hensley Addition, Block A, Lots 1 & 2, consisting of 5.386 acres to establish two single family residential lots within Wylie's ETJ, generally located south of far eastern SH 78 and immediately south of Oak Road located in the City of Wylie's ETJ. Discussion OWNER: Alton Hensley, Jr. &Amanda Beth Williams SURVEYOR: John Glas/Glas Land Surveying The 5.386 acre tract is generally located just outside of the City's eastern boundary along SH 78, southwest of Skyview Drive; immediately south of Oak Road. The Final Plat will dedicate 25' rights-of-way for Oak Road and establish boundaries for two single family residential lots in the City's extra-territorial jurisdiction. No City issued permits or inspections will be required for the development and occupancy of this property. Planning & Zoning Commission Discussion The Commission recommended approval by a vote of 5-0. Page 1 of 1 c N. SURVEYOR'S CERTIFICATE State Highway 78 STATE OF TEXAS (Variable Width Right—of—Way) COUNTY OF HUNT § THAT I, John Glas, do hereby certify that I prepared this amending plat from an actual survey on the land and that the corner monuments shown thereon were found and/or properly placed under my supervision in accordance with the applicable codes and ordinances of the City of Wylie. Lee Roy Pollard Ca/led 0.7133 Acre Tract Jimmy Bennett, David Bennett P /•,S **G\gT :I::: (Per Col/in County Appraisal District( Garvin Bennett, Jr. John Glas ���G �\Called 1.13 Acres R.P.L.S. No. 6081 POINT OF Vol 1206, Pg. 8.6, CCLP JOHN GL . vBEGINNINGOak Road ACKNOWLEDGEMENT �' �' 6081 i�o +. (,q••°FSSVO.0Q e Edge ofAsphalt ��� SUR�E�i Pavement 60D Fnd. (No Record Found) Edge of Asphalt STATE OF TEXAS 70 � � it it it it it ii it ii /i it it it it i it ii ii it ii ii ii io ii it ii it ii rr rr rr it it ii rr o ,� rr it it .. Pavement N:7061932.912 COUNTY 0 F HUNT S89 0706E ' 842.39 // // // // // /% %/ %% // // /� /� /7 // /% b /r /, E:2586430.428 wl��IG 9�, TWl j( �uiv , l�"��C3 /G //r / //r N89�OO27"W a/, 375.91' /rG ha bG !rG /i/i /r/i Hi !r/r //r /i/i /ii, /r/i /rG /i/, bG /i/i //r /i/i /i/r /i/r lib !iG /rG !Ur lilt /i/i /r/i /rG /i/i /rG /r/i bG Hi 4/, tl 60D Fnd. N89°05'07"W, 592.95' ijo25'Right—of—Way Dedication Tx.DOT /r/ _5 se pfe hen Goo 5urve A-/C% BEFORE ME, the undersigned authority, on this day personally appeared John Glas, known to me to be to TxDot Mon.Fnd.(CM) • - -_ S89°07'06"E 847.45' 0.484 Acre Mon.Fnd.(CM) y' the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the s N 213.01' GlCpd.IRS - - - 63 -- - 0 , same was executed for the purposes and consideration therein expressed. r 1 S10 5654 E e X 65.39' ll°1 zoo �` GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2013. O \� ,,Conc.Mon.Fnd. N p - Notary Public in and for Lot 1 Block A Lot 2, Z°Block A1/ ne ..� The State of Texas ro 3.145 Acres .. o 1.757 Acres ��.. My commission expires on: 5 " / A3/ ----"'",.. . o 000 1(Os Approximate Scaled Limits of "Recommended for Approval" odd 67� rev ��\ 100—Year Flood Per FEMA 4 IL1`` f es C q0 h L� Panel No. 48085C0440 J, �j ��. �00 AG3�600' Pa 26 10 C� dated June 2, 2009 0N�� eno\eai\ea 20000g h��g ey J{ �oUe006g� e-N G 8 �\/ yo.(t° �O 00 z �oo�e (to�((�i�de( 008250 Chairman, PlanningZoning Ooc hen 2 City of Wylie, Texas and Commission Date }ep Oocii / Conc.Mon.Fnd. / -"with disk stamped "A John P Theresa Addicks "City of Dallas" "Approved for Construction" Called 4.6069 Acres IO7Doc.( 20070606000766260, CCLR ��4°61 OWNER'S CERTIFICATE M / 12049,09„w STATE OF TEXAS § S COUNTY OF COLLIN § Mayor, City of Wylie, Texas Date Glas 158.16r Cpd.IRS NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: Glas S84007,59��W "Accepted" ,� IC. X W��G� ��4 61' Cpd.IRS ,. Called 22.8 of Dallas dasAcres That, Alton Wayne Hensley, Jr. and Amanda Beth Williams do hereby adopt this plat designated �... O Zone o�0°'5 Ao�(7' Glas oL 631, Pq. 421, CCLR therein above described property as Final Plat of Lots 1 & 2, Block A of Hensley Addition, an �_ N Pa 26( � G Cpd.IRS ; �9� Vol 651, Pg. 423, CCLR addition to the City of Wylie, Texas, an does hereby dedicate, in fee simple, to the public use forever, �, rose sf3 4 . the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, oe s,e�' of ( 000 �' are dedicated for street purposes. The easements and public use areas, are dedicated, for the public use Mayor, City of Wylie, Texas Date \...,� Pto0 (o\0d oAO\-) 153�$ o44 si /'' OWNERS DEDICATION AND ACKNOWLEDGEMENT forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements Re 2 512 / or growths shall be constructed or placed upon, over or across the easements as shown, except that �� go° STATE OF TEXAS § landscape improvements may be placed in landscape easements, if approved by the City Council of the The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing Final �` Glas ... COUNTY COUNTY OF COLLIN § City of Wylie. In addition, utility easements may also be used for mutual use and accommodation of all Plat of Lots 1 & 2, Block A of Hensley Addition to the City of Wylie was submitted to the City Council on the __ dayof , 2013, and the Council, byformal action, then and there '`�.--.._...____ �0� Cpd.IRS _________.._...------•••-"'- public utilities desiring to use or using the same unless the easement limits the use to particular utilities, WHEREAS Alton Wayne Hensley, Jr. and Amanda Beth Williams are the owners of a tract of land said use by public utilities being subordinate to the public's and City of Wylie's use thereof. accepted the dedication of streets, alley, parks, easement, public places, and water and sewer lines as Zone P i\�� situated in the State of Texas, County of Collin, and City of Wylie ETJ, being part of the Stephen Coose shown and set forth in and upon said plat and said Council further authorized the Mayor to note the Survey, Abstract No. 187, and being the remainder of a called 26.03 acre tract of land as recorded The City of Wylie and public utilities entities shall have the right to remove and keep removed all or acceptance thereof by signing his name as hereinabove subscribed. under Document No. 20100825000887610 of the Collin County Land Records, and being all of a called parts of any building, fences, trees, shrubs or other improvements or growths which may in any way ,4" 2.00 acre tract of land as recorded under Document No. 20100825000887600 of the Collin County Land endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said orli° Records with said premises being more particularly described as follows: easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and Witness my hand this ___ day of , A.D., 2013. ��p egress to or from their respective easements for the purpose of constucting, reconstructing, inspecting, Gj BEGINNING at a 60D nail found in the approximate center of Oak Road (No Record Found) marking patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems N:7061466.590 the northwest corner of said 26.03 acre tract, the northwest corner of said premises, the northeast without the necessity at any time procuring permission from anyone. E:2585584.842N CitySecretary Conc.Mon.Fnd. corner of a called 4.6069 acre tract as recorded under Document No. 20070606000766260 of the Collin 'wh disk stDamped CountyLand Records, and beingin the south line of Hoffard's 0.7133 acre tract (per Collin CountyWITNESS, my hand, this the ____day of , 2013. City of Wylie, Texas "City of Dallas ,...\.:11, Central Appraisal District); THENCE with the approximate center of Oak Road, the north line of said 26.03 acre tract, the north line of said 2.00 acre tract, the north line of said premises, the south line of said Hoffard tract, and Alton Wayne Hensley, Jr. Amanda Beth Williams �� the south line of a called 1.33 acre tract as recorded in Volume 3206, Page 836 of the Collin County " I Land Records, South 89°07'06" East, 842.39 feet to a TxDOT monument found in the south right-of-way line of State Highway 78 marking the northeast corner of said premises and the southeast corner of said ACKNOWLEDGEMENT 1.33 acre tract; STATE OF TEXAS § THENCE with a west right-of-way line of State Highway 78, and the east line of said premises, South COUNTY OF COLLIN § 10°56'54" East, 65.39 feet to a concrete monument found marking the southeast corner of said premises and the most northerly northwest corner of a called 22.85 acre tract as recorded in Volume 631, Page BEFORE ME, the undersigned authority, on this day personally appeared Alton Wayne Hensley, Jr., known 421 and Volume 631, Page 423 of the Collin County Land Records; to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the same was executed for the purposes and consideration therein expressed. Notice: Selling a portion of this addition by 0' 50' 100' 150' THENCE with the south line of said premises and the north line of said 22.85 acre tract as follows: metes and bounds is a violation of city South 51°19'33" West, 242.83 feet to a concrete monument found with disk stamped "City of Dallas"; GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2013. ordinance and state law and is subject to fines South 72°49'09" West, 204.51 feet to a Glas capped iron rod set; South 84°07'59" West, 158.16 feet to and withholding of utilities and building permits. Scale: I"=50' a Glas capped iron rod set; South 72°14'34" West, 257.69 feet to a Glas capped iron rod set; South I 36°26'50" West, 118.49 feet to a concrete monument found with disk stamped "City of Dallas" marking Notary Public in and for the southwest corner of said premises, the most westerly northwest corner of said 22.85 acre tract, The State of Texas Legend being in the west line of said 26.03 acre tract, and being in the east line of the aforementioned 4.6069 acre tract; My commission expires on: ,Anal_Flat of Glas Cpd.IRS Glas Capped Iron Rod Set THENCE with the west line of said 26.03 acre tract, the west line of said premises and the east line CCMR Collin County Map Records of said 4.6069 acre tract, North 00°23'07" East, 357.02 feet and North 00°28'00" East, 122.38 feet to ACKNOWLEDGEMENT S�y, 1 CCLR Collin County Land Records the point of beginning and containing 5.386 acres of land. Lots ®�c'ty IRF Iron Rod Found STATE OF TEXAS § 4 Conc.Mon.Fnd. Concrete Monument Found COUNTY OF COLLIN § �«F,,,,,,,...--= CM Controlling Monument Hensley Addition Survey Line BEFORE ME, the undersigned authority, on this day personally appeared Amanda Beth Williams, known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the same was executed for the purposes and consideration therein expressed. being all of a called 2.00 acre tract of land and T Y u, NOTES GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of , 2013. the remainder of a called 26.03 acre tract of land flood Part per subject property lies within a Special Flood Hazard o Area inundated by Insurance year Stephen Coose [~urvey, Abstract stract o 18 Oak Rd Flood Insurance Rate Map Number 48085C0440 J of F.E.M.A. Flood Insurance Rate ,l7 (,� ,l7 � �(J 1 �' • Q %/, Maps for Collin County, Texas and Incorporated Areas dated June 2, 2009 (Zone A and Zone Notary Public in and for stet@ The State of Texas City of Wylie ETJ Collin County, Texas X). This statement does not imply that the property and/or structures will be free from �ighwcry .8 flooding or flood damage. On occasion, greater floods can and will occur and flood heights My commission expires on: SITE may be increased by man-made or natural causes. This flood statement shall not create October �,O�J? �; liability on the part of the surveyor. o East Fork 2) Source bearing per south right-of-way line of State Highway 78 as shown on Texas State TrinityRiver Highway Department Right-of-Way Map for State Highway No. 78, dated January 31, 1955. Surveyor: Drawings�2o13�AC00086.dwg Owner: - Glas Land Surveying f 3) This plat has been performed without the benefit of a title commitment. Subject property Amanda Beth Williams 2114 FM 1563 Glas Land SurVeyll2,,, is affected by any or all easements of record. Surveyor did not abstract or research records Owner: - 10212 County Road 540 Wolfe City, Tx 75496 (r for easements. Alton Wayne Hensley, Jr. Lavon, Tx 75166 Attn: John Glas 2114 FM 1563 MAP/� 1064 E Oak Street Attn: Daniel Williams (903) 496-2084 Wolfe City, Texas 75496 VICINITY TY ,V,~P 4) State Plane Coordinates are based on City of Wylie Monument No. 1 and 2 as establised Wylie, Tx 75098 (972) 523-5994 johnCglaslandsurveying.com Office: (903) 496-2084 N. T S- , on May 3, 2004. Coordinates shown on this plat are grid coordinates. I I I www.glaslandsurveying.com / OF Wylie City Council 1Nr AGENDA REPORT 4rf at iv Meeting Date: November 12, 2013 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 28, 2013 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2013-43 amending zoning Ordinance No. 2001-48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations), related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), relating to fencing. Recommendation Motion to approve, Ordinance No. 2013-43 amending zoning Ordinance No. 2001-48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special. Purpose and Overlay Districts) and Article 7 (General Development Regulations), related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District),relating to fencing. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The amendment is to change regulations regarding parking requirements and remove most fencing regulations (to be added to the City Ordinance). Zoning Ordinance 2001-48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special. Purpose and Overlay Districts) and Article 7 (General Development Regulations), as amended, related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), as amended, related to fences, herein by the granting of this Ordinance. Page 1 of 1 ORDINANCE NO. 2013-43 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE 2001-48, ARTICLE 4 (NONRESIDENTIAL STANDARDS), ARTICLE 5 (USE REGULATIONS), ARTICLE 6 (SPECIAL PURPOSE AND OVERLAY DISTRICTS) AND ARTICLE 7 (GENERAL DEVELOPMENT REGULATIONS), RELATED TO PARKING REQUIREMENTS; AND ARTICLE 3 (RESIDENTIAL DEVELOPMENT REGULATIONS) AND ARTICLE 6 (SPECIAL PURPOSE AND OVERLAY DISTRICT), RELATING TO FENCING, PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council")has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance 2001-48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special P urpose and Overlay Districts) and Article 7 (General Development Regulations), related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), related to fencing. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Zoning Ordinance No. 2001-48, Articles 3, 4, 5, 6, and 7 The City of Wylie's Comprehensive Zoning Ordinance No. 2001-48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations), as related to parking requirements (Exhibit"A"); and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), as related to fencing (Exhibit"B")is hereby amended. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any Ordinance No. 2013-43 -Amending Zoning Ordinance No. 2001-48 Page 1 of 2 other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, film, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 12te day of November,2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OFPUBLICATION: , in the Ordinance No.2013-43 -Amending Zoning Ordinance No. 2001-48 Page 2 of 2 Zoning Ordinance EXHIBIT A FIGURE 4-7 SITE DESIGN REQUIREMENTS ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY FULLY (EACH DEVELOPMENT MUST SELECT 4 OF THE 8 WITH ALL LISTED BELOW) DESIRABLES LISTED BELOW) Building 1. Entrances and/or facades oriented to the 1. Building at the front yard line. Placement street. 2. Individual buildings w/footprints =or< 10,000 2. Building footprints no greater than 20,000 square feet. square feet in NS and CR Districts. 3. Front facade oriented to the street. 3. Multiple buildings placed to create plazas, courtyards, landscaped areas w/connecting walkways. Parking 2. Parking spaces at least 10' from residential 1. Site plan with no more than 50% of parking in Placement lot line. front of the building. 2. Building with no more than one row parking in front. Access Drives 1. Minimum width drive of 24', turning radius 1. Combined access points with adjacent tracts. of 25'. 2. Direct connection between buildings and street. 2. Access drive at least 150' from intersection. 3. Access drives serving developments greater than 30,000 sq.ft. shall have separated median, or be separated at least 150' from each other. 4. Landscaped treatment of entrances Location of 1. Service and loading areas shall not be visible 1. Not visible from public street but provide Service and from a public street or adjacent residential masonry screening. Loading Areas lot. 2. Developments unable to meet the above are required to have masonry screening walls w/gates. <r 9 \, Zoning Ordinance This page intentionally left blank N, 10 x' ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS c'a,,,r�-,,,,o is Zoning Ordinance SECTION 4.3.D.1 FIGURE 4-11-BUILDING PLACEMENT Multiple buildings each no greater than 20,000 square feet Plazas, courtyards and landscaped areas Poi iM► '4411°1. I iss ."Voin:•lliner,.41.-Ilk 7.,..„. _ `► 1 GPAP 1 '--,s r �' t ' i-c-i\-vs\r.4,'rda ga, cvi ' ;', gqb,!.•;:G4 j,il.i.g....%. ,—1IL--it4i4,_..._.,_i:_i.F z_1__"1_i1_"_i 1 fict. 1..;,; .10-4,wirm: ...,11,,,. ,i Jai ,4441.,LI., P ;.,7 ,i'' A: ----- -- 4 . ihf, Ily )1, , `_~ No parking in front yard Entrances oriented to street b. Desirable Design Attributes (1) Locate buildings at the front yard line with no parking in the front. (2) Individual buildings with footprints no greater than 10,000 square. (3) Provide a direct connection between a building's main entrance and the public street, not using a portion of a parking lot. 2. Parking Placement a. Base Standard (1) Parking spaces shall be located at least 10 feet from the nearest residential lot line. b. Desirable Design Attributes (1) Provide site plans with no more than 50% of parking in front of the main building. (2) Provide site plans with no more than one row of parking in front of the main building. I i ,,,% f rr�' k I FY OF WYI IF Zoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.1 LAND USE CHARTS Buildings, structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this ordinance. FIGURE 5-1 INTERPRETATION OF LAND USE CHARTS S mboi Meanint The use is permitted as a principal use in that zoning district by right. Additional requirements for this use may be required and are listed in Section 5.2 Listed Uses,Additional Provisions. "p*" The use is permitted, however special provisions are required when located in this district. These provisions are listed in Section 5.2 Listed Uses,Additional Provisions. "S" The use is permitted in that zoning district only after first obtaining a Special Use Permit(SUP) as set forth in 5.4 Special Use Permits. The use is permitted in that zoning district only after first obtaining a Temporary Use Permit(TUP) as set forth in Section 5.5 Temporary Uses and may include additional provisions. A blank square means that the use is not allowed in that zoning district as a principal use. ‹L ARTICLE 5: USE REGULATIONS CI FY OF WYI IF Zoning Ordinance q FIGURE 5-2 DISTRICT ABBREVIATIONS ABBREVIATED ZONING DISTRICT NAME DESIGNATION Low-Density Residential Districts AG/30 Agricultural District SF-1A/30 Single Family— 1 Acre Medium Density Residential Districts SF-20/26 Single Family -20 District SF-10/24 Single Family- 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Services District CR Community Retail District CC Corridor Commercial District BG Business Government District Industrial District LI Light Industrial District HI Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District SBO South Ballard Overlay District 2 ARTICLE 5: USE REGULATIONS 1 :// CITYTOF WYLIE Zoning Ordinance THIS PAGE INTENTIONALLY LEFT BLANK ,.h 3 ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance FIGURE 5-3 LAND USE TABLES PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed-Use Density Density Residential Residential Residential A. Agricultural&Animal AG SF- SF- SF- TH M M NS CR CC BG L I H I DT SBO Related /30 1A/ 20/ 10/ F H H 30 26 24 1. Animal Boarding Kennel S S P 1 per 325 sq ft of main with Outside Pens structure 2. Animal Boarding/Kennel S S S P* P* P* 1 per 325 sq ft without Outside Pens 3. Animal Production P* Per approved Site Plan 4. Commercial Greenhouse P* P* P* S P 1 per 300 sq ft of main or Nursery structure 5. Crop Production P* P* none 6. Stable(Commercial) S P* 1 per 3 stalls P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ,4 'mil ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance W PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Medium- High-Density Commercial Industrial Mixed-Use Residential Density Residential Residential B.Residential&Lodging AG/3 SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 0 1A/ 20/ 10/ 30 26 24 1. Assisted Living Apartment P* S P* S 1 per room(L) 2. Bed&Breakfast Jim S S S P* S P* P* P* 1 per room 3. Boarding or Rooming House P* P* P* P* P* 1 per room(L) 4. Hotel or Motel S P P P P* P 1.25 per room(L) 5. Manufactured Home P* P* P* P* P* P* P* 2 per dwelling 6. Manufactured Home Park P 2 per dwelling 7. Multifamily Dwelling P P* P* P 2 per dwelling 8. Single Family Dwelling, P P P* P* P 2 per dwelling Attached 9. Single Family Dwelling, P P P P P 2 per dwelling Detached P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 5 1,,i ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C.Institutional&Community AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Service 30 1A/ 20/ 10/ 30 26 24 1. Cemetery or Mausoleum S S S S S S P Per approved site plan 2. Church/House of Worship P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 250 sq ft 3. Civic Center PPPPPP P P 1 per 300 sq ft 4. College or University S S S S SPPPP 9 per classroom* (L) 5. Cultural Arts Facility P* P* P P P P P P 1 per 325 sq ft(L) 6. Day Care Facility S S S S S P* S P* P* P* P* P* P* P* 4 per classroom 7. Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 2 beds 8. Hospital or Sanitarium P P 1 per 2 beds(L) 9. Library PPPPPP P P 1 per 325 sq ft 10. Mortuary or Funeral Home S P P 1 per 250 sq ft 11.Nursing,Convalescent P* P P 1 per 4 beds(L) Home or Hospice P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 6 i ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C. INSTITUTIONAL& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO COMMUNITY SERVICE, 30 1A/ 20/ 10/ CONT. 30 26 24 12.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1.5 per classroom(L) Elementary 13.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 7 per classroom Secondary 14. School,Business P P P P P 9 per classroom 15.School,Technical or Trade P P P P 9 per classroom(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required �.;7r, ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Medium- High-Density Commercial Industrial Mixed Uses Residential Density Residential Residential D. Office AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Financial Institution (with S S P P 1 per 400 sq ft(L) drive-thru) 2. Financial Institution(without P P P P P P P 1 per 300 sq ft(L) drive-thru) 3. Financial Institution, S S S S S S S 1 per 250 sq ft(L) Alternative 4. General Office P P P P P P P 1 per 400 sq ft(L) 5. Medical Clinic P* P P P* P* P P 1 per 350 sq ft(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required s , � ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential E.Recreational,Entertainment AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO &Amusement 30 IA/ 20/ 10/ 30 26 24 1. Commercial Amusement or S P S S 1 per 300 sq ft Recreation(Low-Density Inside) 2. Commercial Amusement or S P S S 1 per 100 sq ft Recreation(High-Density Inside) 3. Commercial Amusement or S S S Per approved SUP Recreation(Outside) 4. Community Park,Recreation P P P P PPPPPP PPP P Per approved site plan Center,or Golf Course (Public) 5. Country Club or Golf Course P P P P PPP S S P PP 4 per green (Private) 6. Golf Driving Range S S S S S S S S S S 1.25 per tee(L) 7. Health Club P* P* P* P P PP 1 per 200 sq ft 8. Neighborhood Park or P P P P PPPPPP PPP P P Per approved site plan(L) Playground 9. Sexually-Oriented Business P* 1 per 150 sq ft(L) 10. Shooting Range,Indoor S P 1 per 400 sq ft(L) 11.Theater PP S P P 1 per 200 sq ft P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 9 ,j;1 ARTICLE 5: USE REGULATIONS CITUE Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.Retail,Personal Service& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Commercial 30 1A/ 20/ 10/ 30 26 24 1. Animal Clinic or Hospital S S P P 1 per 400 sq ft(L) 2. Automobile Rental S P* P P* P 1 per 400 sq ft(L) 3. Automobile Repair,Major S S P 1 per 400 sq ft(L) 4. Automobile Repair,Minor S P P P S 1 per 300 sq ft(L) 5. Body Art Studio P* P* 1 per 150 sq ft(L) 6. Car Wash S S S Per approved SUP(L) 7. Club or Lodge(Non-profit) P P P P P 1 per 200 sq ft(L) 8. Contractor's Maintenance S P 1 per 500 sq ft main structure Yard (L) 9. Dry Cleaning or Laundry, P P P P P P* 1 per 350 sq ft(L) Drop-Off or Self Service 10. Cleaners(Commercial) S P* P* 1 per 1000 sq ft(L) 11. Equipment Rental S S S P P 1 per 500 sq ft main structure (L) 12.Food Processing S P* P P 1 per 1000 sq ft(L) 13.General Merchandise Store P P P P* P P P 1 per 400 sq ft(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special. Use Permit T=Temporary Use Permit (L)=Loading spaces are required °' ARTICLE 5: USE REGULATIONS i_,l0 irr CITY OF W L E Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO COM.,CONT. 30 1A/ 20/ 10/ 30 26 24 14.Grocery Store S P P P P 1 per 300 sq ft(L) 15.Home Improvement Center, P P P 1 per 400 sq ft(L) Lumber,Brick,or Building Materials 16.Household Equipment& P P P P P 1 per 500 sq ft(L) Appliance Repair 17.Motor Vehicle Fueling S P P P P Per site plan(L) Station 18.Pawn Shop P 1 per 250 sq ft(L) 19.Personal Service Use P P P P P P 1 per 250 sq ft(L) 20.Restaurant with Drive-in or P* P* P* 1 per 150 sq ft(L) Drive-through Service 21.Restaurant without Drive-in P* P* P* P* P* P* P* P* 1 per 75 sq ft(L) or Drive-through Service 22.Truck,Machinery&Heavy S P 1 per 600 sq ft of main Equipment Sales, Service or structure(L) Repair 23.Vehicle Display, Sales or P P 1 per 500 sq ft(L) Service P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ?1! ARTICLE ARTICLE 5: USE REGULATIONS xrt s '' CITY OF W LIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO COM.,CONT. 30 1A/ 20/ 10/ 30 26 24 24. Beer&Wine Package Sales P* P* P* P* P* P* P* 1 per 250 sq ft(L) 25.Antique Shop(Inside Sales) S P* P* P* P* 1 per 250 sq ft(L) 26. Secondhand Goods S P* 1 per 250 sq ft(L) 27.Used Merchandise S P* P* P* 1 per 250 sq ft(L) Resale/Consignment or Thrift Shop P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 12 ARTICLE 5: USE REGULATIONS CITY OF WY1.1F Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.Utility,Transportation& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I HI DTH SBO Public Service 30 1A/ 20/ 10/ 30 26 24 1. Airport,Heliport or Landing S P P Per approved site plan(L) Field 2. Animal Shelter P P 1 per 750 sq ft of main structure 3. Commercial Bus Station, S P P Per approved site plan(L) Terminal or Service Facility 4. Commercial Radio or TV S SPP Per approved site plan(L) Transmitting Station 5. Electric Substation or Gas S P Per approved site plan Regulator Station 6. Helipad S SPP Per approved site plan 7. Local Utilities P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Per approved site plan 8. Mounted Antenna S S S S S P* P* P* P* P* P* P* P* P* none 9. Police or Fire Station P P P P P P PPP P P P P P Per approved site plan 10.Post Office S S S S P PPP P P P P P Per approved site plan(L) 11. Radio,Television or S S S S S Per approved SUP Microwave Tower 12.Railroad Yard P Per approved site plan P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 13 ''I ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.UTILITY,TRANS.&PUBLIC AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO SERVICE,CONT. 30 1A/ 20/ 10/ 30 26 24 13.Sewage Treatment Plant S Per approved SUP 14.Telecommunications Tower S S S S S S S SS S S P* P* Per approved site plan 15.Telephone Exchange without S P S P P Per approved site plan Shops or Offices 16.Transit Passenger Shelter P P P P P P P PP P P P P P P Per approved site plan 17.Utility or Government S PP SS S P P S S Per approved site plan Installation other than listed 18.Water Treatment Plant, P P Per approved site plan Reservoir or Water Storage P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ..r 14 i ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential H.Industrial&Manufacturing AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Asphalt or Concrete Batch S Per approved SUP(L) Plant 2. Industrial(Inside) P* P* 1 per 1000 sq ft(L) 3. Industrial(Outside) S S Per approved site plan(L) 4. Light Assembly& P P P 1 per 1000 sq ft(L) Fabrication 5. Mining S S Per approved SUP 6. Printing&Publishing P P P P* P* I per 750 sq ft 7. Salvage or Reclamation of S 1 per 1000 sq ft(L) Products(Inside) 8. Salvage or Reclamation of S Per approved SUP(L) Products(Outside) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required r15 ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential I. Wholesale,Distribution& AG! SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Storage 30 1A/ 20! 10! 30 26 24 1. Auto Auction S Per approved site plan(L) 2. Contractor's Maintenance P* P P Per approved site plan(L) Yard 3. Freight Terminal P Per approved site plan(L) 4. Landfill S Per approved SUP 5. Livestock Auction Pens or S Per approved SUP(L) Sheds 6. Mini-warehouse(Self- S S I per 20 units storage) 7. Office S P P P* P 1 per 750 sq ft(L) Showroom/Warehouse 8. Outside Storage P P Per approved site plan(L) 9. Recycling Collection Center S S S P Per approved site plan(L) 10. Warehouse!Distribution. S P 1 per 1500 sq ft(L) Center P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required f"�1 ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential J.Accessory Uses AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Accessory Agricultural P* S None Buildings 2. Accessory Community P* P* P* P* P* P* P* P* P* P* P* P* 1 per 300 sq ft Center(Private) 3. Accessory Game Court P* P* P* P* P* P* P* P* P* S P* P* None/Per approved site plan (Private) 4. Accessory Outside Display P* P* P* P* P* P* None of Merchandise 5. Accessory Outside Sales P* P* 1 per 500 sq ft 6. Accessory Outside Storage S P* P* None 7. Amateur Communication P* P* S S S P* P* P* P* P* P* P* None Tower 8. Caretakers S P P PP P P P P P 1 per 1000 sq ft Quarters/Domestic or Security Unit 9. Home Occupation P* P* P* P* P* P* P* None 10.Private Stable P* P* None 11. Swimming Pool(Private) P* P* P* P* P* P* P* P* P* P* P* P* S S None P=Permitted P*=Permitted with additional requirements when located in this district. S=Special.Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF W LIE Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential K.Temporary Uses AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Christmas Tree Sales T T T T T T T T 1 per 1000 sq ft 2. Occasional Sale/Garage Sale P P P P P P P T T None 3. Seasonal Sales Stand T T T T T 1 per 1000 sq ft 4. Temporary Concrete or T T T T T T T T T T T T Per approved site plan Asphalt Batch Plant 5. Temporary Construction T T T T T T 1 per 300 sq ft Yard,or Construction or Sales Office 6. Temporary Crop Production p T T T T T T T T T T T T T none 7. Temporary Grazing T T T T T T T T T T T T None 8. Temporary Living Quarters T T 2 per dwelling 9. Traveling Show,Carnival or T T Per approved site plan Circus P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit. (L)=Loading spaces are required s , 1. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS CITYOF WYLIE Zoning Ordinance THIS PAGE INTENTIONALLY LEFT BLANK 1) ARTICLE 5: USE REGULATIONS r y OF W=Lir; Zoning Ordinance SECTION 5.2 LISTED USES All permitted districts, required parking, and loading are outlined in Section 5.1 Land Use Charts. A. Agricultural&Animal-Related Uses 1. Animal Boarding/Kennel with Outside Pens A. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets outside, or where grooming, breeding, boarding, training or selling of animals is conducted as a business. This use does not include Animal Clinics or Hospitals. 2. Animal Boarding/Kennel without Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets, or where grooming, breeding, boarding, training in conjunction with selling of animals is conducted as a business, and where all activities are conducted indoors. This use does not include Animal Clinics or Hospitals. e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 3. Animal Production a. Definition: Animal production means an area used for the raising of animals and the development of animal products on a commercial basis. Typical uses include cattle and sheep ranching, dairy farming, fish farming, and the raising of poultry and swine. e. Additional Provisions: All permitted districts: (1) Site must be surrounded by agricultural or industrial zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 5 acres. (3) The area used for large animals shall comply with the land/animal ratio requirements of the City of Wylie Health Code. (4) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (5) The area used for the production of large animals, which includes but are not limited to pigs, cows, sheep, goats, and horses, shall not be located closer than. 2 c 20 ' ARTICLE 5: USE REGULATIONS ; COT y OF w=LIE; Zoning Ordinance one-half of a mile to any residential zoning district, and one-quarter of a mile to any commercial zoning district. (6) Structures may be erected for a private stable,pen, barn, shed or silo for raising, treating, and storing products raised on the premises. A dwelling unit is also permitted. 4. Commercial Greenhouse or Nursery a. Definition: Commercial greenhouse & nursery means a facility for the cultivation of plants within a protected environment on a commercial basis. e. Additional Provisions: AG District: Limited retail sales are permitted on-site subject to the following conditions: (1) Retail sales are permitted at all times as part of the commercial greenhouse and nursery use when the retail sales do not exceed 10 percent of the total greenhouse floor area. (2) Up to 100 percent of the total greenhouse floor area may be devoted to retail sales activities during an occasional greenhouse sale. No more than 4 occasional greenhouse sales may be conducted during any 12 month period. Each occasional greenhouse sale shall be limited in duration to no more than 3 consecutive calendar days. NS & CR Districts: (1) Use shall be limited to 5,000 square feet of land area. (2) Inside retail sales permitted. (3) All outside storage shall be screened from adjacent properties and streets. 5. Crop Production a. Definition: Crop production means an area used for the raising or harvesting of agricultural crops intended to provide food or fiber. e. Additional Provisions: (1) Crop production shall require at least a 5 acre land area. (2) Structures maybe erected for a private pen, barn, shed or silo of the treating and storing of products raised on the premises. 6. Stable, Commercial a. Definition: Commercial stable means a facility for the business of boarding or renting horses to the public. e. Additional Provisions: All permitted districts: ARTICLE 5: USE REGULATIONS y OF W=Lir; Zoning Ordinance (1) Commercial stables shall require at least a five acre area. Animal/land ratio shall comply with requirements of the City of Wylie Health Code. (2) A commercial stable shall have sufficient drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (3) A pen, corral, or similar enclosure shall have a minimum front setback of 50 feet and a minimum side setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on the premises or 100 feet to any property line. This provision does not apply to perimeter fences which may be located along the property line. (4) Additional parking may be required for the parking of trailers if any events are planned or conducted on the property which will draw horses from other stables or other conditions are specifically identified that require parking of horse trailers on the property. B. Residential&Lodging Uses 1. Assisted Living Apartment a. Definition: An establishment that furnishes, in one or more facilities, food and shelter to five or more persons who are unrelated to the proprietor of the establishment and that provides personal care services as defined by Chapter 247 of the Texas Administrative Code. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and mental well-being. The term does not include a Nursing, Convalescent Home or Hospice. e. Additional Provisions: All permitted districts: (1) Retirement housing may contain suites for the use of residents. Suites are defined as one or more rooms designed to accommodate one family containing living, sanitary and sleeping facilities, but not containing a kitchen. (2) One dwelling unit or suite may be designated as caretakers. (3) The facility shall have access to a collector or larger street. 2. Bed & Breakfast Inn a. Definition: A house, or portion of a house, where short term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. e. Additional Provisions: All permitted districts: (1) The number of guest rooms is limited to 6. 22 ARTICLE 5: USE REGULATIONS t ., y OF w=Lir; Zoning Ordinance (2) Cooking facilities for guest rooms are not permitted. (3) Individual guest occupancy is limited to no more than one month in any 3- month period. CR district: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 3. Boarding or Rooming House a. Definition: Boarding or rooming houses means a facility that has 5 or fewer guest rooms that are rented separately to occupants. e. Additional Provisions: All permitted districts: (1) This use may serve meals to the occupants. (2) This use may not have kitchens in the guest rooms. NS & CR districts: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 4. Hotel or Motel a. Definition: Hotel means a building or group of buildings whose main function is to provide rooms for temporary lodging where entrance to each room is gained from a completely enclosed area and which structure may also contain a restaurant, conference rooms, and various personal service shops. Motel means a building or group of buildings whose main function is to provide rooms for temporary lodging in which the rooms are directly accessible from an outdoor parking area. e. Additional Provisions: DTH: No motels are permitted. 5. Manufactured Home a. Definition: Manufactured Home is a factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Housing Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. ARTICLE 5: USE REGULATIONS it y OF w=LIE; Zoning Ordinance e. Additional Provisions: All permitted districts: Housing units shall be finished in a manner entirely consistent with site-built single- family homes and shall be placed on a concrete foundation so as to be virtually indistinguishable from other homes in the area. 6. Manufactured Home Park a. Definition: Manufactured Home Park means a unified residential development of manufactured homes on transient stands arranged on a lot under a single ownership. Manufactured homes are factory assembled structures without permanent foundations and designed to be transported on its own wheels, arriving at the site as a complete dwelling unit. Removal of the wheels and placement on a foundation does not change its classification. The term manufactured home includes half units that are transported to the site on their own wheels and assembled. It does not include travel trailers, campers, camper buses, motor homes, or modular houses. e. Additional Provisions: (1) Incidental Uses. Uses that are customarily incidental to the manufactured home park, including employee washrooms, manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. (2) Accessory Structures. (a) The manufactured home park use includes accessory structures such as personal storage buildings, awnings, cabanas, and porches which are erected on the same transient stand as a manufactured home. (b) Accessory structures located on the same transient stand as a manufactured home are subject to the same setback regulations as the manufactured home itself, except for required storage buildings which may be set within 3 feet of the rear or side line of the transient stand. Storage buildings located according to this exception must: i. be separate from the manufactured home; ii. be separate from all other accessory structures; and iii. be located to the rear of the manufactured home. (3) Pad Site. The pad site for the manufactured home shall be improved to provide adequate support for the placement of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation and overturning due to frost action, inadequate drainage, vibration or other forces acting on the structure. 24 s' w :, ARTICLE 5: USE REGULATIONS y OF w=Lir; Zoning Ordinance (4) Transient Stand Requirements. Each transient stand within a manufactured home park shall have the following: (a) a separate personal storage facility, (b) a utility riser for each utility provided or required by the units located within the park, (c) a hose bib capable of accommodating a standard garden hose (5) Park Requirements. Each manufactured home park shall provide the following: (a) A park management and operations facility shall be located in a permanent building. (b) A clubhouse containing at least 2,500 square feet of floor area or, 10 square feet of floor area for each transient space in the manufactured home park, whichever is greater. The club house shall be located in a permanent building. (c) A standard depth swimming pool containing at least 800 square feet of surface area, or 3 square feet of surface area for each transient stand within the manufactured home park, whichever is greater. (d) A recreation vehicle and utility vehicle storage area with a minimum of 100 square feet of area for each transient stand within the manufactured home park, screened from adjacent public right-of-way. Recreation vehicles and utility vehicles shall not be stored on transient stands within a manufactured home park. (6) Signs. The following signs shall be provided in a manufactured home park. (a) An identification sign in accordance with the sign provisions of this ordinance, located at each entrance to the park. The sign shall include the name of the park and its address. (b) Each manufactured home transient stand shall be numbered uniformly with numbers not exceeding 4 inches in height. This sign shall be located so that it is visible from the street or drive at all times. (7) Community Television Antenna. All manufactured homes shall have buried television antenna service from one central television antenna, and no individual outside television antennas will be allowed. (8) HUD Approved. All manufactured homes to be HUD approved. All manufactured homes installed in manufactured home parks shall be HUD approved and bear the required decal. (9) Access and Traffic Circulation. All manufactured home parks shall provide access and means of motor vehicle and pedestrian traffic circulation as follows: (a) Access. Motor vehicle entrances and exits shall be designed for safe and convenient traffic movement from adjacent public streets and onto internal streets and shall be limited to one entrance. 25 > r , ARTICLE 5: USE REGULATIONS y OF w=Lir; Zoning Ordinance (b) Internal streets. Internal streets shall be privately owned, built and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use of park residents. All streets shall have concrete curbs and guttering set to City standards. i. On all internal streets, roads or driveways designed or intended to provide access to 2 or more spaces, there shall be 27 feet of pavement width with no on-street parking, unobstructed for vehicular access at all times. ii. If streets, roads or driveways are designed or intended to be used also for vehicular parking, a parallel parking space shall require a minimum width of 16 feet by 10 feet of street specification concrete, and no such parking space shall occupy or encroach upon the minimum unobstructed access areas. iii. Dead-end streets shall be limited in length to 600 feet and shall be provided at the closed end with a turnaround having a radius of not less than 44 feet. (c) Outside Entry Roads. Outside roads to the development shall be assessed on a pro rata basis using spaces as a criteria as dictated by the Council pertaining to development expense, if there is a usable road that complies with City specifications. If no road exists, it becomes the sole expense of the developer to provide one. (d) Perimeter Streets. Requirements for perimeter streets, as outlined in the Subdivision Ordinance, as amended, shall apply to manufactured home parks. (10) Utilities: (a) All Manufactured Home Parks must be connected to the public water and sewer system. (b) All Manufactured Home Parks shall comply with City requirements for water, sewer, electrical, gas, and all other utilities. 7. Multifamily Dwelling a. Definition: Multifamily Dwellings means 3 or more dwellings located on a single lot. e. Additional Provisions: All permitted districts: (1). All multifamily units shall provide laundry facilities consisting of 2 washers and 4 dryers for every 20 dwelling units or hook-ups in each dwelling unit. (2) Projects of 10 or more 2-bedroom units shall provide central playground(s) equivalent to 15 square feet for every 2 bedroom dwelling unit. (3) For projects of 30 or more units the following shall be provided: (a) A lighted building directory in a public area. (b) Lidded dumpsters. 26 ARTICLE 5: USE REGULATIONS y OF w=Lir; Zoning Ordinance (c) On-site management. (d) Covered mail boxes located in a central area which is lighted and has seating available. (e) Laundry rooms shall have secured access. (f) Common areas shall be visible from windows. (4) Uses that are customarily incidental to the Multifamily Dwelling use, including employee washrooms, manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. (5) The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. NS & CR districts: In addition to the standards above, the following shall apply: (1) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non-residential uses are developed concurrently. 8. Single Family Dwelling, Attached a. Definition: A dwelling unit attached to one or more other dwelling units where each dwelling unit is located on a separate lot. Attached single family dwelling units may include duplexes, townhouses, four-plexes, etc. e. Additional Provisions: NS & CR districts: In addition to the standards above, the following shall apply: (1) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non-residential uses are developed concurrently. 9. Single Family Dwelling, Detached a. Definition: Single family dwellings means one dwelling unit located on a lot. C. Institutional& Community Service Uses 1. Cemetery or Mausoleum a. Definition: Cemeteries &mausoleum means: 27 ARTICLE 5: USE REGULATIONS COT y OF w=LIE; Zoning Ordinance (1) A cemetery is a place designated for burial of the dead. (2) A mausoleum is a building with places for the entombment of the dead. 2. Church/House of Worship a. Definition: Church means a facility used for people to gather together for public worship, religious education, or other religious activities. e. Additional Provisions: All permitted districts: (1) The following structures, when located on top of a church building, are excluded from the height measurements of the church building: (a) belfries, bell towers, campaniles, or carillons; (b) crosses; (c) cupolas, spires, or steeples; or (d) similar architectural appurtenances used as religious symbols. (2) A rectory, convent, or monastery is permitted as an accessory use. These accessory uses may be located on a separate lot and are not subject to the area limitations in Article 3 Residential District Regulations. 3. Civic Center a. Definition: A Civic Center is a building or complex of buildings that house municipal offices and services, and which may include, but are not limited to, cultural, recreational, athletic, convention or entertainment facilities owned, managed, or operated, in whole or in part by a governmental agency. 4. College or University a. Definition: A college or university is an academic institution of higher learning beyond the level of secondary school. 5. Cultural Arts Facility a. Definition: Cultural arts facilities means a facility for the development, production, and presentation of the visual and performing arts, including live theater, dance, music,painting, sculpture, and crafts. e. Additional Provisions: NS & CR districts: Structure shall be no more than 10,000 square feet in area. 6. Day Care Facility a. Definition: Day care facility means a facility that provides care, training, education, custody, treatment, or supervision for 7 or more persons who are unable to care for 28 ' ARTICLE 5: USE REGULATIONS y OF w=Lir; Zoning Ordinance themselves and who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers. This use does not include: (1) A facility that is accessory to a use, such as a shopping center, business, religious institution or other establishment, where children or adults are cared for during short periods of time while parents or persons responsible for them are engaging in activities related to the primary use; or (2) A facility that operates solely for educational instruction to children in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day. e. Additional Provisions: All permitted districts: (1) No overnight accommodations shall be provided. (2) State license required. 7. Group Home a. Definition: A facility providing food and shelter, personal guidance, care, rehabilitation services, or supervision for not more than 6 disabled persons, regardless of their legal relationship to one another, and 2 supervisory personnel. A group home is a community-based residential home operated by the Texas Department of Mental Health and Mental Retardation Act, which provides services to disabled persons, or a nonprofit entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retardation program. e. Additional Provisions: (1) State license required. (2) No group home shall be established within 750 feet of another group home. 8. Hospital or Sanitarium a. Definition: Hospitals & sanitariums mean an institution where sick or injured patients are given medical treatment. 9. Library a. Definition: Library means a nonprofit establishment for the loan or display of books. 10. Mortuary or Funeral Home a. Definition: Mortuary, funeral home means a facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted. 29 ` ARTICLE 5: USE REGULATIONS COT y OF w=LIE; Zoning Ordinance 11. Nursing, Convalescent Home or Hospice a. Definition: Nursing, convalescent home or hospice means an establishment, in single or multiple facilities, which provides lodging and skilled nursing care for elderly, disabled, chronically ill or convalescent patients. The facility may also provide minor medical treatment under the direction and supervision of a physician. This use does not include: (1) A hotel or similar place that furnishes only food and lodging, or either, to its guests; (2) A hospital; or (3) An assisted living apartment. e. Additional Provisions: MF District: (1) The minimum parcel size required shall be 10,000 square feet. (2) The maximum number of beds per acre shall be 50. (3) Facility shall be located on a collector street or larger. 12. School, Public or Private, Elementary a. Definition: Schools, public or private, elementary means an educational institution that has a curriculum for kindergarten and/or elementary education. e. Additional Provisions: All permitted districts: Pick-up and drop-off areas which will accommodate 4 school buses shall be provided on-site. 13. School, Public or Private, Secondary a. Definition: Schools, public or private, secondary means an educational institution that has a curriculum for secondary education, or post secondary education. e. Additional Provisions: All permitted districts: (1) Secondary schools shall be located on a collector or larger street. (2) Pick-up and drop-off areas which will accommodate 6 school buses shall be provided on-site. 14. School, Business a. Definition: School, business means a facility offering instruction and training in a service or the arts such as secretarial, barbering, cosmetology, commercial arts, computer operations, and similar training. ARTICLE 5: USE REGULATIONS COT y OF w=LIE; Zoning Ordinance 15. School, Technical or Trade a. Definition: School, technical or trade means an establishment offering instruction and training in technical and skilled trades or crafts such as auto repair, cooking, welding, bricklaying, machinery operation, electronic and electrical services, plumbing, or other similar trades or crafts. D. Office Uses 1. Financial Institution, with drive-through a. Definition: Bank headquarters or branch of a financial institution with drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, loan or mortgage broker, stockbroker or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. e. Additional Provisions: (1). The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. 2. Financial Institution, without drive-through a. Definition: Bank headquarters or branch of a financial institution without drive- through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that does not provide drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. 3. Financial Institution, Alternative a. Definition: A non-depository, check cashing business, payday advance or loan establishment, money transfer business holding a Money Transmission or Currency Exchange license with the Texas Department of Banking, car title loan business or a stand alone automatic teller machine on a single lot as a primary use. e. Additional Provisions: In addition to requiring a Specific Use Permit, an Alternative Financial. Institution as defined in Section 5.1.D.3, shall comply with the following regulations: (1) Hours of operation shall be established by City Council; (2) No outside queuing; (3) Must have an indoor waiting area large enough to accommodate all customers; ARTICLE 5: USE REGULATIONS I]y a)F w=L Zoning Ordinance (4) A lot containing an alternative financial institution shall be located at least 1,000 feet from any lot containing another alternative financial institution, as measured in a straight line between the nearest point from one property line to the other property line. (5) No lot containing an alternative financial institution shall be located within 500 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) A lot containing an alternative financial institution shall be located at least 300 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one property line to the other property line. 4. General Office a. Definition: General office means a place for the regular transaction of business. 5. Medical Clinic a. Definition: Medical clinic means a facility for examining, consulting with, and treating patients with medical, dental, or optical problems on an out-patient basis. e. Additional Provisions: NS District: If the building is over 5,000 square feet, an SUP is required. LI and HI Districts: May only occupy up to 10 percent of the gross floor area of a building. E. Recreational,Entertainment&Amusement Uses 1. Commercial Amusement or Recreation, Inside a. Low-Density (1). Definition: Low-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where the space used by the equipment for the games or entertainment preclude occupancy of a majority of the floor space. These types of uses include, but are not limited to bowling alleys, miniature golf, and practice cages. b. High-Density (1). Definition: High-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where a majority of the floor area is usable for occupancy. This use typically include but are not limited to billiard parlors, arcades, and other coin-operated machines. 32 ARTICLE 5: USE REGULATIONS it y OF W=LIE; Zoning Ordinance 2. Commercial Amusement or Recreation, Outside a. Definition: Commercial amusement, outside means a facility offering entertainment or games of skill to the general public for a fee where any portion of the activity takes place outside. 3. Community Park, Recreation Center, or Golf Course, Public a. Definition: Community park, recreation center, or golf course means a large scale recreation facility or park owned or operated by a public agency and available to the general public, typically over 10 acres in size and equipped with active recreation facilities and equipment which draws patrons from the entire community. 4. Country Club or Golf Course, Private a. Definition: Country Club or Golf Course with private membership means a private recreational club containing a golf course and a club house that is available only to the country club membership and their guests. 5. Golf Driving Range a. Definition: Golf Driving Range is an area used for hitting golf balls. A driving range may include an indoor management office. 6. Health Club a. Definition: An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. e. Additional Provisions: MF and MH District: Health club shall be integrated into the residential development and shall be open to residents only. NS District: If the building is over 5,000 square feet, an SUP is required. 7. Neighborhood Park or Playground a. Definition: Neighborhood park or playground means a recreation facility or park owned or operated by a public agency and available to the general public, typically under 10 acres in size and equipped with passive recreation facilities and limited equipment which draws patrons from the immediate neighborhood. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (2) When parking is required, the number shall be determined during a site plan review process that considers: 33 `' :; , ARTICLE 5: USE REGULATIONS COT y OF W=LIE; Zoning Ordinance (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation facilities; and (c) The following general standards when applicable: i. 3 spaces for every game court; ii. One space for every additional 150 square feet of floor area in structures; and iii. 70 spaces for every playing field or diamond used for league play. d. Required Loading: None e. Additional Provisions: No parking is required when the use is less than 3 acres in size, is completely located within a residential neighborhood, has no structural facilities beyond playground equipment, andis not adjacent to a collector or larger street. Otherwise parking is determined by the site plan. 8. Sexually-Oriented Business a. Definition: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or massage establishment. e. Additional Provisions: This use shall meet all requirements of the Chapter 26 "Businesses" of the City of Wylie Code, Article III Massage Establishments and Article IV Sexually Oriented Businesses. 9. Shooting Range, Indoor a. Definition: Indoor shooting range means an indoor facility where individuals may discharge firearms in a controlled setting for the purposes of testing accuracy, for training, or for sport. 10. Theater a. Definition: Theater means a facility for showing motion pictures or staging theatrical performances or other performing arts to an audience inside an enclosed structure. F. Retail, Personal Service& Commercial Uses 1. Animal Clinic or Hospital a. Definition: Animal clinic means a facility for the diagnosis, treatment, and hospitalization of animals including, but not limited to dogs, cats,birds, and horses. e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. 34 , ARTICLE 5: USE REGULATIONS COT y OF w=LIE; Zoning Ordinance (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 2. Automobile Rental a. Definition: Automobile rental means a facility for the rental of vehicles including automobiles, vans, and light trucks under 6,000 pounds gross vehicle weight. e. Additional Provisions: CR and L I Districts: (1) Passenger vehicles only. (2) No more than 20 rental vehicles shall be stored on the site at any one time. 3. Automobile Repair, Major a. Definition: Garage for repair & rebuilding of personal vehicles means a facility for the repair, maintenance, and restoration of vehicles under 6,000 pounds gross vehicle weight. This use includes engine rebuilding and body work and painting necessary for the restoration of motor vehicles. 4. Automobile Repair, Minor a. Definition: Auto service center means a facility for the servicing or minor repair of automobiles. This use may include the retail sales of lubricating oils, tires, or parts for use in motor vehicles. Minor repairs include replacement of engine, transmission, chassis and drive train parts, tune-up and adjustments of motor vehicle engines and systems, and the replacement and repair of minor body parts such as windshields and windows and body trim parts. This use does not include rebuilding of engines or the restoration and painting of motor vehicles. e. Additional Provisions: NS District: (1) All activities and operations shall be conducted entirely within an enclosed structure. (2) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. (3) Openings in service bays shall not face public rights-of-way and shall be designed to minimize visual intrusion into adjoining properties. 5. Body Art Studio a. Definition: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments Oo7, ARTICLE 5: USE REGULATIONS it Ye e W LIE; Zoning Ordinance designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body, other than ear piercing, to insert jewelry or another decoration. b. Additional Provisions: Certifications of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, and such facilities must meet all environmental health requirements of the City of Wylie. Body Art Studios must be set back 1,000 feet from any other Body Art Studio; Residential Zoning District; Church; Public, Private or Parochial School; and Day Care. 6. Car Wash a. Definition: Car wash means a facility for the washing or cleaning of vehicles. A car wash may be: (1) a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high pressure hose to wash the vehicle by hand; or (2) an automated single unit type which has a single bay to accommodate one vehicle at a time; or (3) a tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure. e. Additional Provisions: (1) The following off-street stacking spaces are required: Type of Car Wash Total Number of Stacking Spaces Required Single unit, not 2 automated Automated single unit 2 Tunnel unit 5 (2) Bay openings shall not face public streets or adjoining residential properties. (3) All washing facilities shall occur under a roofed area with at least two walls. (4) Vacuuming and/or detailing area may be outside the building but shall not be within 50 feet of the front property line and shall not be closer than 100 feet from any residential district. (5) Vacuuming and/or detailing area may be outside the building, but shall not be within 200 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) The building shall not be less than 150 feet from any residential district. (7) A permanent screening fence or wall not less than six feet in height shall be constructed along any site property line which abuts a residential district. 16 ARTICLE 5: USE REGULATIONS COT y OF w=LIE; Zoning Ordinance During site plan review, the Commission may allow a living screen to be combined with or in lieu of the solid screening. 7. Club or Lodge, Non-profit a. Definition: Club or lodge, non-profit means a facility providing for the activities of private service organizations and clubs that operate on a non-profit basis. e. Additional Provisions: None 8. Contractor's Maintenance Yard a. Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. e. Additional Provisions: None 9. Dry Cleaning or Laundry, Drop-Off or Self Service a. Definition: Dry cleaning, laundry store means a facility for the cleaning of garments, principally for individuals. This use may be either: (1) a facility where patrons do their own cleaning; or (2) a facility where the cleaning is done by employees of the establishment. e. Additional Provisions: (1) The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. (2) DTH:No drive through window service. 10. Cleaners, Commercial a. Definition: A Commercial Cleaners is a facility or area for cleaning items in bulk quantities such as clothes and linens. This definition includes cleaning for hospitals, restaurants, hotels, diaper cleaning services and other similar accounts, as well as rug and dry cleaning plants where on-premise retail services to individual households are incidental to the operation of the plant. e. Additional Provisions: Discharge of fumes into the atmosphere is prohibited. 11. Equipment Rental a. Definition: Equipment Rental means a facility for renting tools and heavy equipment. e. Additional Provisions: None. :., ARTICLE 5: USE REGULATIONS COT y OF w=LIE; Zoning Ordinance 12. Food Processing a. Definition: A facility in which food for human consumption is provided in the final form, such as candy, baked goods and ice cream, and the food is distributed to retailers or wholesalers for resale on or off the premises. The term does not include food or beverage processing which uses any mechanized assembly line production of canned or bottled goods. e. Additional Provisions: CR District: Structure must be 10,000 square feet or less. 13. General Merchandise Store a. Definition: General merchandise means a retail store for the sale or trade of general merchandise. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, including bicycles, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationary, pets, drugs, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. b. Additional Provisions: None 14. Food Store a. Definition: Food store means a retail store for the sale of food. This definition includes general merchandise stores, such as convenience stores, supercenters, and pharmacies that have 20% or more of the floor space, including aisle space, dedicated to food stuffs. This use does not include other uses in this article that are specifically listed. b. Additional Provisions: None 15. Home Improvement Center, Lumber, Brick, or Building Materials a. Definition: Home improvement centers, lumber, brick, or building materials means a facility for the sale of home, lawn, and garden supplies, bricks, lumber, and similar building materials. e. Additional Provisions: None 16. Household Equipment & Appliance Repair a. Definition: Household equipment and appliance repair means a facility for the repair of household and home equipment, including appliances, lawnmowers, power tools, and similar items. e. Additional Provisions: None. 8 f ARTICLE 5: USE REGULATIONS CO Ti"OF w LIE; Zoning Ordinance 17. Motor Vehicle Fueling Station a. Definition: Motor Vehicle Fueling Station means a building or covered premises used for the dispensing and sale of fuels or oils and accessories for the motor vehicle trade, together with automatic car wash facilities. e. Additional Provisions: NS District: (1) SUP required and the additional conditions in 2 through 5 below. (2) All commercial activities and operations shall be conducted entirely within an enclosed structure, except as follows: (a) The dispensing of petroleum products, water and air from pump islands. (b) The sale of items via vending machines which shall be located next to the main structure. (3) Pump islands shall be located a minimum of 45 feet from a street right-of-way line. A canopy or roof structure over a pump island may be located no closer than 35 feet from the street right-of-way line. (4) One off-street stacking space is required for each pump and water/air dispenser. (5) No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles shall be located in any open area outside the main structure. (6) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. 18. Pawn Shop a. Definition: Pawn Shop means a facility licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. e. Additional Provisions: Must be licensed in accordance with the Texas Finance Code Chapter 371, and as amended. 19. Personal Service Use a. Definition: Personal service use means a facility for the sale of personal services. Personal service uses include, but are not limited to a barber/beauty shop, shoe repair, a tailor, an instructional arts studio, a photographic studio, a handcrafted art work studio, a travel bureau, and duplicating shop. e. Additional Provisions: None. sg ARTICLE 5: USE REGULATIONS y OF w=Lir; Zoning Ordinance 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. e. Additional Provisions: (1). The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. (2) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (3) The "Additional Provisions" listed in paragraph 21, subpart e., below, for "Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) Restaurants are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13, 2006. For property annexed into the City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol. are only permitted by specific use permit and may only be located in the zoning ARTICLE 5: USE REGULATIONS it y OF W=Lir; Zoning Ordinance districts where the applicable type of restaurant is designated as "P*" on the Land Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5. f. Additional Provisions for BG District: Restaurant Use must be incorporated into the Civic Center facility and owned, managed, operated, or contracted through, in whole or in part by a governmental agency. 22. Truck, Machinery & Heavy Equipment Sales, Service or Repair a. Definition: Truck, machinery and heavy equipment sales, service or repair means a facility for the display, sales, servicing and, or repair of trucks, machinery and heavy equipment. This use includes farm equipment and recreational vehicles over 6,000 pounds in weight. e. Additional Provisions: None 23. Vehicle Display, Sales or Service a. Definition: Vehicle display, sales, and service means a facility for the display, service and retail sale of new or used automobiles, boats, trucks, motorcycles, motor scooters,recreational vehicles, aircraft, or trailers. e. Additional Provisions: None 24. Beer & Wine Package Sales. a. Definition: An establishment, including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. e. Additional Provisions: Beer & Wine Package Stores shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) The establishment shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (2) The establishment shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (3) The distance between a Beer & Wine Package Sales Establishment and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (4) Beer sales are not permitted in residential areas. Residential areas include properties that are zoned in any Residential District category or a planned development that allows residential component, because these zoning districts are part of the neighborhood(s) within which they are located. Notwithstanding, 41 ` ARTICLE 5: USE REGULATIONS y OF W=Lir; Zoning Ordinance a planned development ordinance may allow for Beer & Wine Package Sales at designated locations in the planned development that meet the requirements set forth herein. (5) Beer & Wine Package Sales establishments that derive more than 75% of their gross revenue from the sale of beer and/or wine: i. Are permitted only by Specific Use Permit in the NS, CR, CC, LI, HI and DTH zoning districts; ii. Shall not be located closer than 1,500 feet from another Beer & Wine Package Sales Establishment that derives more than 75% of its gross revenue from the sale of beer and/or wine, measured building-to-building (or outer wall of the lease space) in a straight line; iii. Shall not be located closer than 800 feet from the building to the property line of a residential zoning district, including residential portions of a planned development zoning district; and iv. Shall not be located closer than 1,500 feet from the property line of a City park, or the property line of a property owned by a church, public hospital, public or private school, public or private college/university, rehabilitation care institution, or child or adult day care, measured in a straight line from front door of the establishment to the nearest property line of a residential zoning district, City park, church, public or private hospital, public or private school, public or private college/university, rehabilitation center, or child or adult day care. 25. Antique Shop (Inside Sales) a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. An Antique Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop", in that it does not market common, contemporary used household good, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past ears. e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. 42 ' ARTICLE 5: USE REGULATIONS I]y a)F w=L Zoning Ordinance (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition: Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms; jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. b. Additional Provisions: All permitted districts: (1) SUP required in NS District. (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are permitted only in areas designated on the site plan filed with the City. (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight "for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. b. Additional Provisions: (1) SUP required in NS District (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) 43 r ARTICLE 5: USE REGULATIONS COT y OF w LIE; Zoning Ordinance (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. G. Utility,Transportation& Public Service Uses 1. Airport, Heliport or Landing Field a. Definition: Airport, heliport, or landing field means a facility for the taking-off or landing of fixed or rotary wing aircraft. c. Additional Provisions: None 2. Animal Shelter a. Definition: Animal Shelter means a pubic or non-profit facility for the harboring of animals including, but not limited to dogs, cats, and other household pets. e. Additional Provisions: None 3. Commercial Bus Station, Terminal or Service Facility a. Definition: Commercial bus station and terminal means a privately owned or operated facility for the boarding and discharge of bus passengers. d. Additional Provisions: None 4. Commercial Radio or TV Transmitting Station a. Definition: Commercial radio & TV transmitting station means a facility for the transmission of commercial programming by radio or television within the commercial band of the electromagnetic spectrum. e. Additional Provisions: None 5. Electric Substation or Gas Regulator Station a. Definition: Electric substation & gas regulator station means a facility for the transforming of electricity or the reduction in gas pressure for distribution to individual customers. e. Additional Provisions: None 6. Helipad a. Definition: Helipad means a landing area used for the taking off or landing of helicopters for the purpose of picking up and discharging passengers or cargo. This facility is not open to use by any helicopter without prior permission having been obtained. 4 t�- ARTICLE 5: USE REGULATIONS it y OF w=LIE; Zoning Ordinance e. Additional Provisions: None 7. Local Utilities a. Definition: Local utilities means electrical power, telephone, gas, water, and sewer drainage lines; air pollution monitoring stations and flood staging stations; and, unmanned, in-line facilities such as water wells, or pumping stations, telephone exchanges, switching, and transmitting equipment, including cellular telephone cell sites that are operated by the City or by a public service utility company. This use does not include any use otherwise listed in this Chapter. e. Additional Provisions: All permitted districts: Above-ground storage tanks are not permitted under this use. 8. Mounted Antenna a. Definition: Mounted Antenna means an antenna that is attached to a permitted structure. e. Additional Provisions: All permitted districts: (1) Antennas mounted on buildings. (a) Roof-mounted telecommunications antennas are allowed on buildings in all zoning districts, provided: i. a non-whip antenna does not exceed the height of the building by more than 10 feet and is screened from view from any adjacent public roadway, and ii. a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. (b) Prior to installation of a roof-mounted antenna, the City shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted equipment. (c) Roof-mounted antennas and associated equipment may be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public roadway. (2) Building-mounted telecommunications antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts provided the antenna is mounted flush with the exterior of the building so that it projects no more than thirty inches from the surface of the building to which it is attached; and the antenna's appearance blends with the surrounding surface of the building. ARTICLE 5: USE REGULATIONS COT y OF W=LIE; Zoning Ordinance (3) Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (4) Other existing structures. Telecommunications antennas are allowed on existing utility, lighting, telecommunications towers and sign structures exceeding 50 feet in height, provided that the antenna does not exceed the height of the structure by more than 10 feet if a non-whip type or 15-feet if a whip type. Existing structures may be rebuilt if necessary to support the load of the new antenna if the rebuilt structure is substantially similar in appearance to the existing structure it replaces. (5) When an application for a building permit to locate a telecommunications antenna on an existing building or other structure is made, color photo simulation showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways shall be provided. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna. (6) Telecommunications antennas shall not be constructed or used without all approvals and permits first having been secured. 9. Police or Fire Station a. Definition: Police or Fire station means a facility operated by a governmental entity as a police or fire station. e. Additional Provisions: None 10. Post Office a. Definition: Post office means a government facility for the transmission, sorting, and local distribution of mail. c. Additional Provisions: None 11. Radio, Television or Microwave Tower a. Definition: Radio, television or microwave tower means a structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum. e. Additional Provisions: None ARTICLE 5: USE REGULATIONS I]y a)F w=L Zoning Ordinance 12. Railroad Yard a. Definition: Railroad yards means a facility for storing and making up trains. e. Additional Provisions: None 13. Sewage Treatment Plant a. Definition: Sewage treatment plant means a facility for receiving and treating sewage from the City sanitary sewer system. e. Additional Provisions: None 14. Telecommunications Tower a. Definition: Telecommunications tower means a structure more than 10 feet tall, built primarily to support one or more telecommunications antennas. e. Additional Provisions: All permitted districts: (1) A site plan is required for all telecommunications towers. Site plan review shall include the following provisions in(2) through (16), below. (2) Tower height, including antenna array, shall not exceed 120 feet. (3) Telecommunications towers shall not be located closer to a residential district than 200 feet or a 3 to 1 distance to height ratio, whichever is greater. (4) New telecommunications towers must be a minimum distance of 5,000 feet from another telecommunications tower. (5) All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than 5 feet to any property line. (6) The base of the tower shall be enclosed by security fencing at least 8 feet high. (7) Equipment buildings shall be similar in color and character to the main or adjoining building or structure or blend with the landscape and other surroundings immediately adjacent to it and be screened by a masonry wall. (8) The tower shall be erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards. (9) A telecommunications tower shall be: (a) Used by a minimum of 3 or more wireless communications providers; or (b) Designed and built so as to be capable of use by 3 or more wireless communications providers, including providers such as cellular or PCS providers using antenna arrays of 9 to 11 antennas each within 15 vertical feet of each other with no more than 3 degrees of twist and sway at the top elevation. The owner of the tower and the property on which it is located must certify to the City that the antenna is available for use by another ` 47 'l ARTICLE 5: USE REGULATIONS it y OF w Lir Zoning Ordinance wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application. (10) All towers shall be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure. (11) No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. (12) Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures,public streets, utility lines and other telecommunications towers. (13) Telecommunications towers and equipment buildings shall be located to minimize their number, height and obtrusiveness, to minimize visual impacts on the surrounding area, and in accordance with the following policies: (a) The height of towers and monopoles shall have the least visual impact and be no greater than required to achieve service area requirements and potential colocation, when visually appropriate. (b) The selected site for a new monopole and tower provides the least visual impact on residential areas and the public rights-of-way. Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. (c) Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public rights-of- way. The facility should be screened by vegetation, tree cover, topographic features, and buildings or other structures to the maximum extent feasible. (d) Place telecommunication facilities to ensure that historically significant landscapes are protected. The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. 1 48 ARTICLE 5: USE REGULATIONS it y OF W=LIE; Zoning Ordinance (e) A variance may be granted to these policies for a telecommunications tower when it is determined that such a variance better accomplishes the polices set out in this subsection than would a strict application of the requirement. Such variance shall be no greater than necessary to accomplish those policies. (14) No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission, the Federal Aviation Administration, or the City. (15) If any additions, changes, or modifications are made to the monopole, the changes shall comply with all of the above requirements for new towers and shall demonstrate, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code. (16) Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the Director within 30 days that use of a tower has been discontinued. 15. Telephone Exchange without Shops or Offices a. Definition: Telephone exchange without shops or offices means a facility for the switching and routing of telephone transmissions. e. Additional Provisions: None 16. Transit Passenger Shelter a. Definition: Transit passenger shelter means a structure which affords protection from the weather to persons who are waiting to board a publicly owned or franchised transit vehicle. e. Additional Provisions: None 17. Utility or Government Installation other than listed a. Definition: Utility or government installation other than listed means (1) A "utility other than listed" is a public or private facility franchised or operated by a Governmental unit as a utility, and which is not specifically covered by the use regulations in this chapter. (2) A "government installation other than listed" is an installation owned or leased by a government or quasi-public agency and which is not specifically covered by the use regulations in this chapter. e. Additional Provisions: None 18. Water Treatment Plant, Reservoir or Water Storage 4 ;,i ARTICLE 5: USE REGULATIONS COT y OF W=LIE; Zoning Ordinance a. Definition: Water treatment plant, reservoir and water storage tanks means a facility which is part of a water system, and is used for the purifying, supplying, and distributing of drinking water, or the storage of treated or untreated water. e. Additional Provisions: None H. Industrial&Manufacturing Uses 1. Asphalt or Concrete Batch Plant a. Definition: Asphalt or Concrete Batch Plant means a permanent facility or area for the mixing of concrete or asphalt. d. Additional Provisions: None 2. Industrial, Inside a. Definition: Industrial, inside means an industrial facility where all processing, fabricating, assembly, or disassembly takes place wholly within an enclosed building. e. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 3. Industrial, Outside a. Definition: Industrial, outside means an industrial facility where any portion of the processing, fabricating, assembly, or disassembly takes place outside or in an open structure. For purposes of this provision, open structure means any structure or building which has omitted walls. e. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 4. Light Assembly & Fabrication a. Definition: Light Assembly and Fabrication means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, packaging, incidental storage, sales and distribution of products,but excluding basic industrial processing. e. Additional Provisions: None 5. Mining a. Definition: Mining means the extraction, removal, or stockpiling of earth materials, including soil, sand, gravel, or other materials found in the earth. The excavation of earth materials for ponds or lakes, including excavations for fish farming ponds and recreational lakes are considered mining unless otherwise expressly authorized by another provision of this ordinance. The following are not considered mining: so;, ARTICLE 5: USE REGULATIONS y OF w=Lir; Zoning Ordinance Excavation, removal, or stockpiling of earth materials incidental to construction approved by a final plat, building permit, or for governmental or utility construction projects. e. Additional Provisions: (1) A master plan and site plan, operation plans, and a restoration plan shall be provided with the Special Use Permit application. (2) A Special Use Permit shall not be granted unless required state review and approval has been obtained. 6. Printing & Publishing a. Definition: Printing and Publishing means a facility for the commercial reproduction, cutting, printing, or binding of written materials, drawings, or other graphic materials on a bulk basis using lithography, off-set printing, blueprinting, or similar methods. e. Additional Provisions: SBO/DTH: Size limited to 4,000 square feet of floor area. 7. Salvage or Reclamation of Products, Inside a. Definition: Salvage or reclamation of products, inside, means a facility which stores, keeps, dismantles, or salvages scrap or discarded materials or equipment inside an enclosed building. Scrap or discarded materials include but are not limited to metal, paper, rags, tires, bottles, or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, and appliances. e. Additional Provisions: None 8. Salvage or Reclamation of Products, Outside a. Definition: Salvage or reclamation of products, outside means a facility which stores, keeps, dismantles, or salvages scrap or discarded materials or equipment outside of any structures. Scrap or discarded materials include but are not limited to metal, paper, rags, tires, bottles, or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, and appliances. e. Additional Provisions: (1) All outside storage, salvage and/or junk shall be screened from view of public streets by a 10-foot high solid screening device that complies with the following requirements: (a) The screening device shall be setback a minimum of 20 feet from all streets; (b) All screening devices shall form an opaque, solid barrier, without gaps or openings, except as provided in(d)below; (c) All screening devices shall be constructed of masonry or concrete as specified in Section 7.1.1; s ARTICLE 5: USE REGULATIONS it y OF W=LIE; Zoning Ordinance (d) Only openings in screening devices which are necessary for reasonable access to the salvage yard shall be permitted, but shall be equipped with a solid gate or door constructed and maintained in accordance with the requirements for screening devices set forth in this section. All openings so permitted shall be closed and securely locked at all times, except for needed access and for fire and emergency vehicles; (e) All screening devices shall extend downward to ground level, and shall also test plumb and square at all times; (f) Any painting, staining, coating, covering or other coloring of any screening devices shall be of a uniform color; (g) The screening device shall not be used for bill postings or for other advertising purposes, except a space not larger than 50 square feet which may be used for the advertisement of the business of the owner. (h) All screening devices shall be maintained, repaired and/or replaced to ensure compliance with the requirements in this section at all times; and (i) No junk or salvage of any character, or parts, or machinery of any kind shall be allowed to remain outside. (2) Screening shall not be permitted in the floodway. If the location of the required screening is in the floodway or floodplain, screening should be placed elsewhere on the property to achieve the desired screening. I. Wholesale,Distribution & Storage Uses 1. Auto Auction a. Definition: Auto auction means a facility for the auction of automobiles, vans, and light trucks used as personal vehicles. e. Additional Provisions: None 2. Contractor's Maintenance Yard a. Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. e. Additional Provisions: CC District: All outside storage areas shall be entirely screened from view of streets and adjacent residential property with a masonry wall. 3. Freight Terminal a. Definition: Freight terminal means a facility for the transfer and storage of freight. e. Additional Provisions: None 52 ARTICLE 5: USE REGULATIONS CO Ti"OF W=LIE; Zoning Ordinance 4. Landfill a. Definition: Landfill means an area where a type of operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment. e. Additional Provisions: None 5. Livestock Auction Pens or Sheds a. Definition: Livestock auction pens or sheds means a facility for the auction of livestock. e. Additional Provisions: If 20,000 square feet or more of gross floor area, one space is required for each 3,000 square feet of gross floor area. 6. Mini-warehouse, Self-storage a. Definition: Mini-warehouse, self storage means a building or group of buildings containing one or more individual compartmentalized storage units for the inside storage of customers' goods or wares, where no unit exceeds 500 square feet in floor area. e. Additional Provisions: None 7. Office Showroom/Warehouse a. Definition: Office showroom/warehouse means a facility that has the combined uses of office and showroom or warehouse for the primary purpose of wholesale trade, display, and distribution of products. e. Additional Provisions HI District: Retail uses limited to 10 percent of the gross floor area. 8. Outside Storage a. Definition: Outside storage means a lot used for the outside storage of an item for a period in excess of 24 hours. e. Additional Provisions: None 9. Recycling Collection Center a. Definition: Recycling collection center means a facility for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, plastics, and clothing for recycling purposes. e. Additional Provisions: None 53 iy ARTICLE 5: USE REGULATIONS COT y OF W=LIE; Zoning Ordinance 10. Warehouse/Distribution Center a. Definition: Warehouse means a facility primarily for the inside storage of items and is 25,000 square feet or smaller. Distribution Center means a warehouse facility which is primarily for distribution by rail or truck, and which is 25,000 square feet or larger. e. Additional Provisions: None J. Accessory Uses 1. Accessory Agricultural Buildings a. Definition: Accessory agricultural buildings means buildings used for agricultural purposes, including farming, dairying, horticulture, floriculture, animal and poultry husbandry. e. Additional Provisions: AG District: (1) Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. (2) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (3) The area used for the production of large animals, including but not limited to pigs, cows, sheep, goats, and horses, shall be located at least one-half of a mile away from any residential zoning district, one-quarter of a mile from any commercial zoning district. 2. Accessory Community Center, Private a. Definition: Accessory community center, private means an integral part of a residential project that is under the management and unified control of the operators of the project or development, and that is used by the residents of the project or development for a place of meeting, recreation, or social activity. e. Additional Provisions: All permitted districts: (1) A private community center shall not be operated as a place of public meeting or as a business. (2) This accessory use is not required to be located on the same lot as the main use. 3. Accessory Game Court, Private a. Definition: Accessory game court,private means a game court for engaging in tennis, handball, racquetball, or similar physical activities for the use of residents and their guests of a residential main use. 54 ARTICLE 5: USE REGULATIONS it y OF w=LIE; Zoning Ordinance e. Additional Provisions: All permitted districts: (1) This accessory use may occupy up to 50 percent of the area of the lot containing the main use. (2) This accessory use is not required to be located on the same lot as the main use. 4. Accessory Outside Display of Merchandise a. Definition: Accessory outside display of merchandise means the outside placement of merchandise for sale for a continuous period less than 48 hours. e. Additional Provisions: All permitted districts: Outside display shall meet the following standards: (1) Outside displays are permitted only in areas designated on the site plan filed with the City. (2) Outdoor display areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) (3) Outdoor display may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, which ever is greater. (b) Include a minimum of twenty percent solid screening matching the material of the primary building. (c) The remainder may be solid evergreen planting, wrought iron, or dark vinyl-coated chain link or similar materials. (5) Any outside display areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor display may be located in any portion of a parking lot. 5. Accessory Outside Sales a. Definition: Accessory outside sales means a site for the outside sale of merchandise. e. Additional Provisions: Accessory outside sales shall meet the following standards: (1) Accessory outside sales are permitted only in areas designated on the site plan. filed with the City. 55 f ' ARTICLE 5: USE REGULATIONS it y OF w=Lir; Zoning Ordinance (2) Outdoor sales areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) (3) Outdoor sales may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside sales areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, which ever is greater. (b) Include a minimum of twenty percent solid screening matching the material of the primary building. (c) The remainder may be solid evergreen planting, wrought iron, or dark vinyl-coated chain link or similar materials. (5) Any outside sales areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor sales may be located in any portion of a parking lot. 6. Accessory Outside Storage a. Definition: Accessory outside storage means the outside placement of an item for a continuous period in excess of 48 hours. e. Additional Provisions: All permitted districts: (1) Outside storage shall not be permitted within required setbacks or buffer yards. (2) Accessory outside storage is not permitted on an unenclosed front porch of a residential building. (3) Except as otherwise provided in this ordinance, outside storage shall be limited to no more than five percent of the lot area containing the main use. (4) Outside storage areas not screened by an intervening building shall be screened from view from any public street by a screening device at least eight feet in height. In addition, outside storage areas shall be screened from view of any adjoining property by a screening device at least eight feet in height, except along adjacent property lines in the same zoning district. 7. Amateur Communication Tower a. Definition: Amateur communications tower means a tower with an antenna that transmits amateur radio, citizens band, or both spectrums, and that receives any portion of a radio spectrum. 56 ARTICLE 5: USE REGULATIONS y OF w=Lir; Zoning Ordinance e. Additional Provisions: All permitted districts: (1) Only one amateur communication tower per site permitted. No more than 2 antennae may be mounted on an amateur communications tower. The antennae volume may not exceed 900 cubic feet for a single antenna and 1,400 cubic feet for 2 antennae. In this provision, antenna volume is the space within an imaginary rectangular prism that contains all extremities of the antenna. (2) No portion of the amateur communications tower or its antennae may encroach into the required front, side or rear yard, except the area under a guy wire and anchor point may project a maximum of 3 feet into the required side or rear yard if the guy wire and anchor point is attached to the top of a structural support that is not less than 6 feet in height. In this provision, a structural support for an anchor point is any pole, post, strut, or other fixture or framework necessary to hold and secure an anchor point. (3) The tower may not exceed 75 feet in height. (4) The tower shall be set back an additional 12 inches from the required front, side and rear yards for each additional 12 inches of height above the maximum height permitted in the district. 8. Caretakers Quarters, Domestic or Security Unit a. Definition: Caretakers Quarters, Domestic or Security Unit means an independent, self-contained dwelling unit located on the same lot as the principal use or structure and which provides residential accommodations for a property manager or security personnel. e. Additional Provisions: NA 9. Home Occupation a. Definition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. e. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or by signs, or the emission of sounds, noises, dust, odors, fumes, smoke, or vibrations. (3) There shall be no more than two (2) employees who do not reside on the premises. 5� ti i., ARTICLE 5: USE REGULATIONS er �� y OF w=Lir; Zoning Ordinance (4) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (5) There shall be no outdoor storage of materials or equipment. There shall be no visible merchandise be visible from outside the dwelling. (6) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (7) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. (8) A property owner may seek a variance to this ordinance in accordance with Article 8, Section 8.4 to the Zoning Board of Adjustment. (9) As defined by the Human Resource Code, Chapter 42 an "In-home Day Care" or a "Family home" that is certified, listed or registered with the State of Texas is exempt from this Ordinance, and governed by the rules and regulations of the State of Texas. 10. Private Stable a. Definition: Private stable means an area for the keeping of horses for the private use of the property owner. e. Additional Provisions: All permitted districts: (1) A private stable shall only be on a lot at least 2 acres in area. (2) One horse is permitted for every acre of land. (3) Private stables shall include a pen or corral containing at least 800 square feet for each animal with a stable under a roof containing at least 100 square feet for each animal. (4) A private stable shall have property drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A pen, corral, fences, or similar enclosures shall have a minimum front setback of 50 feet and a minimum side and rear setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on premises. 11. Swimming Pool, Private a. Definition: Swimming pool, private, means a swimming pool constructed for the exclusive use of residents of a residential use. e. Additional Provisions: All permitted districts: (1) Private swimming pools may not be operated as a business, except private swimming lessons may be given as a home occupation use. sH 3 ARTICLE 5: USE REGULATIONS r y OF w=Lir; Zoning Ordinance (2) Private swimming pools shall be surrounded by a fence constructed so as to prevent access by unauthorized people. (3) Private swimming pools shall not be located in the required front yard. K. Temporary Uses 1. Christmas Tree Sales a. Definition: A Christmas tree sale means a temporary facility for the sale of Christmas trees and related seasonal decorations. e. Additional Provisions: (1) A temporary permit may be issued for a period of 60 days for this use. The Building Official may grant one 30 day extension of the temporary use permit if the use has fully complied with all applicable City ordinances and conditions of the temporary use permit. (2) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. (3) Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off- street parking space: (a) adequately accommodate the parking needs of the use; and (b) will not adversely affect surrounding uses. 2. Occasional Sale or Garage Sale a. Definition: Occasional sale or garage sale means the temporary and occasional sale of tangible personal property at retail by a person who is not in the business of selling tangible personal property for retail purposes. e. Additional Provisions: All permitted districts: (1) The sale of tangible personal property may only be sold by the owner or lessee of the premises where the sale is conducted. (2) The owner or lessee shall be responsible for the tangible personal property at the time of the sale. (3) A person shall not sell merchandise acquired solely for the purpose of resale at an occasional sale. (4) A person shall not conduct an occasional sale for duration of more than 3 consecutive calendar days. 59 ARTICLE 5: USE REGULATIONS wJ. it y OF W=Lir; Zoning Ordinance (5) A person shall not conduct more than 4 occasional sales on a premise during any 12 month period. (6) A person shall not place more than one sign, not to exceed 2 square feet, upon the lot where the sale is taking place. Any other signs remote from the property on which the sale is taking place shall be located in compliance with the Sign Ordinance, as amended. 3. Seasonal Sales Stand a. Definition: Seasonal sales stand means a facility for the sale of agricultural products that are seasonal in nature. e. Additional Provisions: (1) No product may be placed for sale or display and no structures used for a temporary seasonal sales stand closer than 50 feet to the public right-of-way. (2) No temporary seasonal sales stand may have more than 3,500 square feet of floor area. (3) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. (4) Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off- street parking space: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 4. Temporary Concrete or Asphalt Batch Plant a. Definition: Temporary concrete or Asphalt Batch Plant means a temporary facility or area for the mixing of concrete or asphalt. e. Additional Provisions: All permitted districts: (1) Concrete and asphalt mixed on site shall only be furnished to the specific project for which the temporary use permit was issued. (2) The Commission shall review requests for renewal of the permit if the specific project requires an extension of time. (3) The temporary batch plant shall be located and operated in such a manner to eliminate unnecessary dust, noise and odor. (4) On-site fencing, screening, or buffering shall be provided so that adjacent properties are protected from hazards and negative impacts. so ARTICLE 5: USE REGULATIONS it y OF w=LIE; Zoning Ordinance (5) Any public improvement that is damaged during the operation of the temporary batch plant shall be repaired or replaced. (6) All equipment, materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. (7) Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (a) adequately accommodate the parking needs of the use; and (b) will not adversely affect surrounding uses. 5. Temporary Construction Yard, or Construction or Sales Office a. Definition: Temporary construction yard, or construction or sales office means an area for the temporary storage of building materials and equipment necessary for the construction of a permanent use, and/or, a facility temporarily used as a construction or sales office. e. Additional Provisions: All required districts: (1) Limited to on-premise construction purposes associated with the properties within the same platted subdivision. (2) This use shall be discontinued after subdivision construction is 90 percent complete. (3) Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (a) adequately accommodate the parking needs of the use; and (b) will not adversely affect surrounding uses. 6. Temporary Crops a. Definition: Temporary crops mean an area used for the growing crops on a temporary basis while land is waiting for future development. e. Additional Provisions: All permitted districts: (1) This use shall not be operated on an area less than 2 acres. (2) Structures may be erected for barn, or shed for the protection of machinery on the premises. (3) A temporary use permit for crops is valid for a period of 3 years. The Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. 61 ARTICLE 5: USE REGULATIONS C1Ti'a)F WY 1_1E: Zoning Ordinance (4) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 7. Temporary Grazing a. Definition: Temporary grazing means an area used for the grazing of animals on a temporary basis while land is waiting for future development. e. Additional Provisions: All permitted districts: (1) This use shall not be operated on an area less than 5 acres. (2) An application for a temporary use permit shall specify the number and type of animal that will be grazing. No temporary use permit shall be granted where the number and type of animals to be grazed is likely to result in overgrazing and/or significant environmental degradation of the site. (3) Structures may be erected for a stable, pen, barn, or shed for the protection of the animals on the premises. (4) Standings under roofed stables shall be made of a material that provides for proper drainage so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A temporary use permit for grazing is valid for a period of 3 years. The Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. (6) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 8. Temporary Living Quarters a. Definition: Temporary living quarters means temporary facilities in the form of a manufactured home, used as living quarters during the construction of a residence upon a property not less than 1/2 acre in area. e. Additional Provisions: All permitted districts: A temporary use permit shall be valid for a 6 month period. An additional 6 months may be granted by the Building Official, provided the exterior walls and roof of the residence are completed. 9. Traveling Show, Carnival or Circus a. Definition: Traveling show, carnival or circus means a temporary traveling show or exhibition that has no permanent structure or installation. e. Additional Provisions: None 62 r it y OF w=Lir; Zoning Ordinance SECTION 5.3 ACCESSORY USES AND STRUCTURES An accessory use or structure that is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use, unless otherwise stated in these regulations. Accessory uses are subject to the same regulations as the principal use. Accessory buildings shall comply with the area requirements in Article 3 —Residential District Regulations. SECTION 5.4 SPECIAL USE PERMITS A. Purpose The Special Use Permit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood. Special use permits are required where site specific impacts may exist that require additional review to ensure compatibility between uses. B. Special Use Permit Required The Use Regulations in Section 5.1 Land Use Charts state when a Special Use Permit is required for a use to be permitted in a zoning district. The Special Use Permit requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each Special Use Permit shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. C. Application An application for a Special Use Permit shall be submitted to the Planning Department and shall include the following: 1. A written description of the proposed use. 2. A plan showing the location of the proposed use on the site. 3. Any additional information required by the Director. D. Review by the Commission and the Council The Commission shall hold a public hearing and make a recommendation to the Council. The Council shall hold a public hearing and approve, approve with conditions, or deny the Special Use Permit based on the review criteria in "E", below. E. Review Criteria In granting a Special Use Permit, the Commission and the Council shall determine that the proposed use: 1. Complements or is compatible with the surrounding uses and community facilities; 2. Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties; 3. Is not detrimental to the public health, safety, or general welfare; 4. Conforms in all other respects to all applicable zoning regulations and standards; and 63 w ARTICLE 5: USE REGULATIONS it y OF W=Lir; Zoning Ordinance 5. Is in conformance with the Comprehensive Plan. F. Additional Conditions The Commission and Council may impose reasonable conditions upon the granting of a Special Use Permit consistent with the Comprehensive Plan, other state development goals and objectives of the City, and the requirements of other City regulations. Such conditions may include, but are not limited to the location, arrangement, operation, duration, and type and manner of construction of any use for which a Special Use Permit is requested. G. Effect of Special Use Permit. 1. The granting of a Special Use Permit has no effect on the uses permitted by right and does not waive the regulations of the underlying zoning district. 2. A Special Use Permit runs with the land, a new owner is not required to reapply for a Special Use Permit unless a time limit that has been established runs out. H. Zoning Map When the Council authorizes granting of a Special Use Permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by an"S" designation. SECTION 5.5 TEMPORARY USES A. Purpose Temporary uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Permit from the Building Official. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare. B. Temporary Use Defined Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses. In addition, the following uses and activities shall be considered temporary uses: 1. Fundraising Activities by Not-for-Profit Agencies. Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours. 2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer's markets, Christmas tree lot sales,product demonstrations or parking lot sales of food, art work or other goods. 3. Entertainment or Amusement Events. Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals. 6� 'r ARTICLE 5: USE REGULATIONS it y OF w Lir Zoning Ordinance C. Application An application for a Temporary Use Permit shall be submitted to the Building Official at least 10 working days before the requested start date for a temporary use and shall include the following: 1. A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event 2. A written description of how the temporary use complies with the review criteria in E, below. 3. A plan showing the location of proposed structures, including onsite restrooms and trash receptacles, parking areas, activities, signs and attention attracting devices in relation to existing buildings,parking areas, streets and property lines. 4. A letter from the property owner agreeing to the temporary use. 5. Any additional information required by the Director. D. Review and Action by the Director The Building Official shall make a determination whether to approve, approve with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the Building Official shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Commission. E. Review Criteria Temporary uses shall comply with the following requirements: 1. Land Use Compatibility. The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points. 2. Compliance with Other Regulations. The temporary use shall conform in all respects to all other applicable City regulations and standards. 3. Restoration of Site. Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site. 4. Hours of Operation and Duration. The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the Building Official at the time of approval of the temporary use permit. 5. Traffic Circulation. The temporary use shall not cause undue traffic congestion given. anticipated attendance and the capacity of adjacent streets, intersections and traffic controls. 65 `' ARTICLE 5: USE REGULATIONS it y OF W Lir Zoning Ordinance 6. Off-street Parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s). 7. Public Conveniences and Litter Control. Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. 8. Appearance and Nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. 9. Signs. The Building Official shall review all signage, although a sign permit is not required. The Building Official may approve the temporary use of attention attracting devices. F. Additional Conditions The Building Official may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use. G. Appeals A denial of a temporary use permit may be appealed to the Commission within 10 days of the Building Official's action. The appeal shall be made in writing to the Building Official. SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES A. Unlisted Uses The uses permitted in this Chapter are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Chapter are prohibited. However, additional new and unlisted uses may be permitted by the Director if the use is similar to other uses listed in the same zoning district. B. Appeals An applicant, aggrieved by the decision of the Director, may file an appeal of the decision to the Board. The appeal shall be filed in writing in the Department of Planning within 10 days of the Director's action. Unless otherwise stated in the Board action, the determination of the Board with respect to the appeal shall constitute a permanent and consistent interpretative decision which the Director shall apply in all future instances. C. Conditions When considering requests for a new land use, the Director and Board shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate. 66 'f,r' ARTICLE 5: USE REGULATIONS OF WYLIE Zoning Ordinance D. Authorization of New Uses If a new use is authorized by the Board, a text amendment shall be sent immediately to the Commission and the Council. ARTICLE 5: USE REGULATIONS rA OF wrI; ZONING ORDINANCE Section 6.3.E c. Parking for Residential and Nonresidential Uses c. Parking for residential use shall be on site and conform to standards for residential uses in other single family districts. d. Existing nonresidential uses may be renovated, reconstructed, and expanded up to 10 percent of their original floor area without having to comply with these parking standards. e. Commercial Uses less than 4,000 square feet in a block face with existing historic commercial buildings shall not be required to provide off-street parking. f. Commercial Uses over 4,000 square feet will be required to provide off-street parking under the following standards: (a) A minimum of 50% of all required parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site as required by specified use. All on-site parking shall be placed a minimum of 10ft behind the front façade of the building with a landscape buffer provided. Not more than 140' of contiguous frontage of parking shall be visible from a street. On-site parking shall also provide spaces for bicycles at a rate of one for every full 25 spaces of required parking. (b) Alternative materials, such as pavestones and grasspavers can be used for driveways and parking spaces, subject to approval of the City Engineer. (c) Up to 25 percent of the required parking can be provided by on-street parking in front or to the side of the building. (b) The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site. No off-street parking can be developed with frontage on Ballard Street or the block face on the east side of Jackson Street. (c) Upon a finding that a parking reduction is necessary to preserve historic buildings and maintain the design integrity of the Downtown Historic District, the Commission may grant parking variances up to a maximum of 75 percent of the required parking. g. Off-street parking lots with over 20 spaces are required to have landscaping and lighting that meets the standards for other nonresidential developments. (Article 4, Section 4.3) ,f 1 r a ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS CITY OF WYLIE ZONING ORDINANCE Section 6.4.E.2 b. Parking (1) Within the SBO the first 1,000 square feet of space for each individual use shall be exempt from providing any required parking. Additionally, a minimum of 50% of all required parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site as required by specified use. All on-site parking shall be placed a minimum of loft behind the front facade of the building with a landscape buffer provided. Not more than 140' of contiguous frontage of parking shall be visible from a street. On-site parking shall also provide spaces for bicycles at a rate of one for every full 25 spaces of required parking. (2) Alternative materials, such as pavestones and grasspavers can be used for driveways and parking spaces, subject to approval of the City Engineer. c. Location of Service Areas and Loading (1) Service areas and loading areas shall be located in the parking area nearest the rear of the building. (2) Service areas shall have a screening wall with gates which prevent visibility from a public street and use a material, style and colonization that matches the main structure. ITC 2` ., WO ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Of NV) IT\ LIT' ZONING ORDINANCE SECTION 7.3 OFF-STREET PARKING REQUIREMENTS A. Purpose The purpose of this section is: 1. To require off-street parking facilities in proportion to the parking demand for each use; 2. To provide accessible, attractive, secure, properly lighted and well-maintained off-street parking facilities; 3. To reduce traffic congestion and hazards; and 4. To assure that maneuverability for emergency vehicles exists. B. Applicability Every building or land use established, every existing building enlarged and every existing use expanded shall provide off-street parking and loading areas in accordance with the requirements and standards of this Section and Article 5 Use Regulations. Existing parking and loading spaces shall not be reduced below the minimum required by this chapter or Article 5. C. General Regulations 1. The parking requirements in Article 5 Use Regulations represent general parking standards under which all proposed development shall be evaluated. No certificate of occupancy shall be issued for any use which does not comply with these parking requirements. 2. All on-site parking shall be provided on the same parcel as the principal use, except as permitted by the off-site parking provisions of this section. Parking on the public right-of- way may not be counted towards satisfying the requirement for on-site parking, except within the Downtown Historic and South Ballard Overlay Districts. 3. All parking and vehicle storage areas, including recreational vehicle parking in residential land use districts, shall occur on concrete pavement. Exceptions can be made for alternative materials that are shown to be impervious yet as durable as concrete pavement. These exceptions shall only occur: A. For parking for commercial uses in excess of the minimum required, subject to P&Z approval B. For parking in the South Ballard Overlay, Downtown Historic, or Business Government zoned districts, subject to P&Z approval. C. For parking in residential uses in residential zoned districts, subject to staff approval. 4. Except as otherwise provided in this chapter, when a combination of uses are developed on a site,parking shall be calculated and provided for each of the uses. D. Computing On-Site Parking Requirements 1. Calculations. When measurements of the number of required spaces result in fractions, the space requirements shall be rounded upward to the next whole space. 2. Alternative vehicles. When computing parking space requirements, up to 5% of the required parking can be reserved for each of the following: compact cars or motorcycles. 1 ir; ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS r ,ter.. OneLIT' ZONING ORDINANCE Such spaces must be marked with both a sign post and pavement markings that meet the standard for the marking of handicap parking spaces. 3. Different Use Areas. Parking shall be calculated separately for each different use area and ancillary uses in a building. The cumulative total of all uses shall be provided. 4. Parking Based on Floor Area. Unless specifically stated otherwise, when computing parking requirements based on the amount of square footage in buildings, all calculations shall be on a gross floor area basis. 5. Maximum parking. In addition to a minimum parking requirement, parking is also limited to a maximum number of spaces. The maximum number of parking spaces allowed for a use shall be no more than 25% greater than the minimum number of spaces required. A use can exceed the maximum number of parking spaces if the excess parking spaces are constructed as a near impervious surface, such as grasscrete, that is deteiruined to acceptable by the City Engineer. 6. Unimpeded Parking. No parking space shall be located so as to require the moving of any other vehicle to enter or leave any other space. E. Handicapped Parking Requirements 1. Conformance with State and Federal Requirements. In addition to conforming with the handicapped parking requirements in this ordinance, all development shall also meet Federal and State handicapped parking requirements. 2. Residential Uses. Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped. Driveways may be used to satisfy handicapped parking requirements, provided sufficient space is available to satisfy the minimal design requirements. 3. Non-residential Uses. Handicapped parking spaces shall be provided for all uses other than residential at the following rate: 2 Eir, ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS Of NV) ITA LIT' ZONING ORDINANCE FIGURE 7-2 HANDICAP PARKING REQUIREMENTS Total Number of Number of Required Parking Handicapped Parking Spaces Required 1to25 1 26 to 50 2 51to75 3 76 to 100 4 101 to 150 5 1.51 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 Two percent of total required spaces 1,001 and above Twenty spaces,plus one space for each 100 over 1,000 spaces or fraction thereof. 4. Design Standards a. Parking Space Dimensions. Handicapped parking spaces shall be at least ten feet wide and shall have an adjacent access aisle on each side, a minimum of five feet in width. Two handicapped parking spaces may share a common access aisle. b. Van Accessible. One in every eight handicapped spaces shall be served by an access aisle at least eight feet wide and shall be designated "van accessible". The access route to these spaces shall have a minimum vertical clearance of 9.5 feet and the parking spaces shall have a minimum clearance of 8.17 feet. Spaces shall have an additional "van accessible" sign mounted below the symbol of accessibility. c. Location of Spaces. Handicapped spaces shall be located with the most direct and practical access, at least three feet wide to a primary accessible building entrance unobstructed by bumpers, curbs, or other obstacles to wheelchairs. The site design shall not permit parked vehicle overhangs or any other obstacle to reduce the clear width of adjacent walkways. Parking spaces and access aisles shall be level with surface slopes not exceeding a ratio of 1:48 in all directions. d. Signage. Handicapped spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility in accordance with the CABO/ANSIA 117.1 - Current Edition. The required signage shall not be obscured by a vehicle parked in the space. e. Counting of Parking Requirements. Handicapped parking required by this section shall count toward fulfilling the off-street parking requirement. a, , ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS OneLIT' ZONING ORDINANCE F. Parking Alternatives The Council may allow parking requirements to be met by either one or a combination of the methods described in this section in lieu of the required on-site parking. 1. Off-Site Parking. The parking requirement may be met by locating the required parking spaces on a separate parcel from the lot on which the principal use is located, subject to the following conditions: a. The parcels containing the use and off-site parking must be under common ownership; b. The parcel must be located not more than 300 feet from the building or use it is intended to serve; c. The parcels shall not be separated or divided from the building or use it is intended to serve by a freeway, expressway, highway, or major street; and d. An agreement, subject to approval by the City Attorney, shall be prepared to outline the terms and conditions of the off-site parking use. The agreement, containing the legal description of both the off-site parcel and the parcel where the principal use is located, shall be recorded in the office of the County Deed Records to permanently register the existence of the off-site parking arrangement with each parcel. 2. Shared Parking a. Requirements. The parking requirements may also be met by securing the consent to share parking facilities on the same or another parcel and under another ownership. Shared parking may only be approved if: (1) The parking facilities are located on a parcel zoned for the same use as the primary use; (2) The owners cooperatively establish and operate the facilities; (3) The uses separately generate parking demands primarily during hours when the remaining uses are not in operation; (4) A minimum number of spaces are provided to meet the requirements of the use with the single greatest parking demand; (5) Satisfactory evidence, as deemed by the Director, has been submitted describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict; (6) The consent agreement, subject to the approval by the City Attorney, must be in the form of a binding contract, of sufficient length of time,between the property owners operating the shared parking facility to ensure the continued use of the facility. The contract shall be filed with the City with the Certificate of Occupancy for each use; (7) The parking facility shall not be more than 300 feet from the building or use it is intended to serve; and (8) The shared parking facility shall not be separated or divided from the building or use it is intended to serve by a freeway, expressway, highway, or major street. 4 4 Ear ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS Of NV) IT\ LIT' ZONING ORDINANCE b. Termination of Agreement. If the parking agreement is teiiuinated, the owner shall be required to provide adequate parking or the certificate of occupancy shall be revoked. G. Downtown Historic and South Ballard Overlay Districts Exemptions Buildings located in the Downtown Historic and South Ballard District Overlay District shall comply with the parking standards as set forth in Sections 6.3 and 6.4, respectively. H. Design of Parking Areas 1. Access. Off-street parking areas shall be provided in the following manner: a. Maneuvering. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The backing of a motor vehicle onto a public street from a parking area shall be prohibited, except for the following: (1) Residential parking facilities not exceeding two spaces per property. (2) Existing commercial and industrial facilities parking areas not exceeding two spaces per property. (3) Existing public and quasi-public use facilities not exceeding two spaces per property. b. Location of Parking. Parking spaces for any use shall be placed in a location to facilitate use of the parking facility. 2. Dimensional Requirements a. Size. Minimum size for parking spaces shall conform with the Thoroughfare Standards and is shown below with the addition of motorcycle and compact car exceptions: FIGURE 7-3 MINIMUM PARKING SPACE SIZE T e o S ace Width Len th Motorcycle 4 feet 8.5 feet Compact Car 8.5 feet 20 feet Standard Car 10 feet 20 feet Handicapped 15 feet 20 feet 13' x 24' w/3'walk when parallel Recreational Vehicle 10 feet 30 feet b. Construction Standards. All parking facilities shall be designed and constructed in accordance with the standards of the Engineering Department. c. Angle Parking. Minimum dimensional standards for angle parking are indicated in the Thoroughfare Standards. 3. Drainage. All parking lots shall be suitably graded (no less than 1 percent or no more than an 8 percent slope) and drained in accordance with the standards of the Engineering Department. 5 Eir OneLIT' ZONING ORDINANCE 4. Driveways. Driveways (curb cuts) shall be constructed in accordance with the commercial and multi-family geometric standards of the Thoroughfare Standards. 5. Lighting. Parking areas used during the hours of darkness shall be illuminated for security and safety. The minimum requirement is one-foot candle, maintained across the surface of the parking area at a uniformity ratio of 3:1. Illumination, including security lighting, shall be directed away from adjoining properties and shall be arranged and controlled so as not to cause a nuisance either to highway traffic or to surrounding uses. 6. Surfacing and Striping. Except as otherwise provided in this chapter, all parking and loading facilities shall be surfaced (paved), striped and marked to clearly define access lanes,handicapped parking spaces, and internal circulation movements. 7. Tandem and Valet Parking. The Commission is authorized to approve an off-street parking program utilizing limited tandem parking for commercial and industrial uses provided that the development requires 150 or more parking spaces. No more than 30 percent of the total number of spaces shall be designated as tandem, and a valet parking attendant must be on duty during business hours. 8. Wheel Stops/Curbing. Concrete wheel stops or curbing at least six inches high and six inches wide shall be provided to prevent vehicles overhanging abutting properties or public rights-of-way, to protect landscaped areas and to protect adjacent properties. Curbing shall be located at least three feet from any adjacent wall, fence, property line, walkway, or structure where parking and or drive aisles are located. 9. Landscaping. Landscaping shall be provided in accordance with Section 7.7 Landscape Requirements. 10. Maintenance. All required parking lot facilities shall be continually maintained, free of litter and pot holes and all striping shall be maintained in a legible condition. SECTION 7.4 ON-SITE LOADING REQUIREMENTS A. Purpose The purpose of these provisions is to establish standards to regulate the number, design, and location of on-site loading areas in a manner which ensures the following: 1. Accessible, secure, and well-maintained loading and delivery facilities; 2. Reduced potential for traffic congestion and hazards; 3. Protection for adjacent parcels and surrounding neighborhoods from the effects of vehicular noise and traffic generated from the commercial/industrial development; and 4. Loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood. B. Applicability Except for uses within the Downtown Historic Overlay District, every use that receives or distributes materials or merchandise by truck shall provide and maintain on-site loading spaces in accordance with the standards of this subchapter. C. On-Site Loading Space Requirements 6 Ejr,? ITN LIT' ZONING ORDINANCE 1. The number of loading spaces shall be based upon the total gross floor area in the building or use. 2. On-site loading spaces shall be provided as Follows: Square Feet of Floor Required Loading Spaces Area 0— 10,000 None 10,001 —50,000 1. Each additional 1 additional 100,000 or fraction thereof D. Design Standards Off-street loading spaces shall be provided in the following manner: 1. Dimensions. The minimum size of a loading space shall not be less than 15 feet in width, 25 feet in length, with a 15 foot vertical clearance. 2. Location. Loading spaces shall be located and designed as follows: a. Adjacent to, or as close as possible to, the main structure. b. Situated to ensure that all loading and unloading takes place on-site and in no case within adjacent public rights-of-way or on-site traffic areas. c. Situated to ensure that all vehicular maneuvers associated with loading and unloading shall occur on-site. ,,}7' ,r ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS N„:fit:.� lhi i1 Article 3: Figure 3-9 c.Architectural Requirements Con't (For all Residential Districts) Garage entry No doors facing primary street front. On a Garage shall be a minimum of 600 2 & 1 configuration, single door may face square feet in size. street. Garage shall be a minimum of 500 square feet. Dwelling Size Minimum dwelling size exclusive of garages and breezeways Fencing Front: 50% transparent, wood or wrought Board on Board iron. Or Wrought Iron Side/Rear: wood or wrought iron Landscaping Established front lawn and minimum 2 Automated, subsurface irrigation system trees and 5 shrubs in front yard Outdoor Lighting Front entry and drive/garage illuminated Front façade and drive/garage by standard porch light illuminated by down-light (tree-or house- mounted) or up-light(house-mounted), and front- and side-yard activity area illuminated, wired to interior. Conservation/Sustainability Complies with Energy component of Certified by USGBC or LEEDS for Building Code energy and water. Article 3.F.12 12. Fencing (If provided) a. Base Standard (1) Front yard fences shall be permitted with 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences shall be permitted to a height of 8 feet maximum and constructed of wood or wrought iron. b. Desirable Design Attributes Fences constructed of board on board or wrought iron Article 6.3.E.5.h h. Fencing—Residential Structures (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent; (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. Article 6.4.E.3.j j. Fencing (If Provided) (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent; (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. OF Wylie City Council OtPO a� AGENDA REPORT Meeting Date: November 12„2013. Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Purchasing Account Code: Parks—5511-58510 $75,000 Date Prepared: November 7, 2013 Budgeted Amount: Water—5712-58510 $107,000 Exhibits: n/a Subject Consider and act upon, the award of bid #W2014-9-B for the purchase of seven (7) vehicles from Reliable Chevrolet in the amount of$171,528.00 and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve, the award of bid #W2014-9-B for the purchase of seven (7) vehicles from Reliable Chevrolet in the amount of$171,528.00 and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the award of bid #W2014-9-B for the purchase of seven (7), 2013 vehicles from Reliable Chevrolet in the amount of $171,528.00. Purchasing completed a competitive sealed bid process for either 2013 or 2014 model year Chevrolet trucks for the Parks, Water and Streets departments, with the intent of purchasing vehicles which provided the best value to the City. Five dealers were notified, and one bid was received for the following vehicles: Water Dept - Qty 3; '/2 Ton Trucks - $67,373.93 Water Dept—Qty 1; 3/4 Ton Truck- $27,035.64 Parks Dept— Qty 3; 3/4 Ton Trucks - $76,815.37* *Additional funds of S 1,81.5.37 will be transferred from within the department budget. Page 1 of 1 OF t, Wylie City Council ar AGENDA REPORT 4rf at iv Meeting Date: November 12, 2013 Item Number: G Department: Public Services (City secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: October 28, 2013 Budgeted Amount: $69,000.00 Exhibits: n/a Subject Consider and act upon, the purchase of a Bobcat E26-T4 Compact Excavator and a Bobcat T590 Compact Track Loader in a total estimated amount of $64,328.94 from Bobcat of Dallas; through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement # 424-13, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve, the purchase of a Bobcat E26-T4 Compact Excavator and a Bobcat T590 Compact Track Loader in a total estimated amount of $64,328.94 from Bobcat of Dallas; through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement# 424-13, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of a Bobcat E26-T4 Compact Excavator and a Bobcat T590 Compact Track Loader in a total estimated amount of $64,328.94 from Bobcat of Dallas; through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement# 424-13, and authorizing the City Manager to execute any necessary documents. Sewer Dept: Bobcat E26 T4 Compact Excavator $27,540.60 Water Dept: Bobcat T590 Compact Track Loader $36,788.34 Both are replacement pieces of equipment for existing units that has reached the end of their life cycles. Two existing units will be disposed of via auction. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. TASB/Buy Board Agreement#424-13; Wylie #W2014-11-I. Page 1 of 1 OF tykt, Wylie City Council a� AGENDA REPORT :1S87 5(-/ Meeting Date: November 12, 2013 Item Number: H Department: Public Services (City secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: October 28, 2013 Budgeted Amount: $115,000.00 Exhibits: n/a Subject Consider and act upon, the purchase of an International 7500 Dump Truck from Southwest International Trucks in an estimated amount of$110,560.00 through a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Agreement # 358-10, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve, the purchase of an International 7500 Dump Truck from Southwest International Trucks in an estimated amount of$110,560.00 through a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Agreement # 358-10, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of an International 7500 Dump Truck from Southwest International Trucks in an estimated amount of$110,560.00. This is a replacement unit for an existing dump truck for Streets Department. The new truck is twice the size of any existing equipment, will increase staff productivity and decrease the number of loads hauled. The existing streets unit will be transferred to the Parks Department, and the Parks unit will be retired through auction. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. TASB/Buy Board Agreement#358-10; Wylie #W2014-11-I. ................... Page 1 of 1 OF tykt, Wylie City Council O a� AGENDA REPORT 5 ' Meeting Date: November 12, 2013 Item Number: I (City Secretary's Use Only) Department: Police Prepared By: Purchasing Account Code: 100-5211-58850 Date Prepared: October 29, 2013 Budgeted Amount: $55,000 Exhibits: n/a Subject Consider and act upon, the purchase of vehicle video and wireless microphone systems for the Police Department in an estimated amount of$53,271.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC) #EF04-13, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve, the purchase of vehicle video and wireless microphone systems for the Police Department in an estimated amount of $53,271.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC) #EF04-1.3, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of vehicle video and wireless microphone systems for the Police Department in an estimated amount of$53,271.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC) #EF04-13. This purchase will provide mobile video systems for five (5) Police SRO vehicles and three (3)Police patrol vehicles. The City is authorized to purchase from either a cooperative purchasing program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items; or under the general exemption 252.022.a2 (to preserve or protect public safety). Wylie Agreement#W2014-8-I Page 1 of 1 OF Wylie City Council a� AGENDA REPORT 5 Meeting Date: November 12, 2013 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 9, 2013 Budgeted Amount: Exhibits: 1 Subject Hold a public hearing and consider and act upon, a Replat for American National Bank, No. 2 Addition, Block A, Lot 1B-R; generally located west of Westgate Way and approximately 240 feet north of F.M. 544. Recommendation Motion to approve, a Replat for American National Bank,No. 2 Addition, Block A, Lot 1 B-R; generally located west of Westgate Way and approximately 240 feet north of F.M. 544. Discussion APPLICANT: Global. Land Surveying, Inc. OWNER: Swimcat, LLC—Jarrod Rush The property totals 0.432 acre and the purpose for the replat is to establish the necessary access and utility easements to accommodate the development of a general office facility on the property. The Replat complies with all applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Planning and Zoning Commission Discussion The Commission asked if cross access with Arby's was considered. The owner and staff stated that numerous attempts had been made to request access from Arby's with no success. Representatives for Arby's were not willing to reconfigure their parking to accommodate cross access. There will however, be cross access to the north of the subject tract when that lot is developed. There was also discussion on the number of handicap accessible spaces provided. Staff stated that the number represented does meet State and local requirements. A Site Plan, Elevations and Landscape Plan were approved by the Commission at its October 15th meeting. The Planning and Zoning Commission voted 4-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Page 1 of 1 STATE OF TEXAS STATE OF TEXAS COUNTY OF COLLIN COUNTY OF COLLIN OWNERS CERTIFICATE SURVEYORS CERTIFICATE SAL DEL REY PROPERTIES, INC. WHEREAS SWIMCAT, LLC, A TEXAS LIMITED LIABILITY COMPANY, IS THE OWNER OF A TRACT I, JASON L. MORGAN, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF REM. OF A CALLED 45 ACRE TRACT OF LAND SITUATED IN THE E.D. DAVIDSON SURVEY, ABSTRACT NO. 266, COLLIN COUNTY, TEXAS, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT FROM AN ACTUAL ON THE TRACT ONE TEXAS, AND BEING LOT 18, BLOCK A OF THE AMERICAN NATIONAL BANK ADDITION NO. 2, GROUND SURVEY OF THE LAND, AND THE MONUMENTS SHOWN HEREON WERE FOUND AND/OR POINT OF BEGINNING VOLUME D.R.C1663.C.T.PAGE 451 AN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ACCORDING TO THE REPLAT PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE PLATTING RULES AND FND 5/8" � � D.R.C.C.T. / I.R. c.M. R=582.50' THEREOF RECORDED IN VOLUME 2008, PAGE 394, OF THE PLAT RECORDS, COLLIN COUNTY, REGULATIONS OF THE CITY PLAN COMMISSION OF THE CITY OF WYLIE, TEXAS. 0-01°30'10" TEXAS, AND ALSO BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO 128.00' S 84'S7'16" E 177.16' CB=S 20'42'56" E SWIMCAT, LLC, A TEXAS LIMITED LIABILITY COMPANY, OF RECORD UNDER COUNTY CLERK'S WITNESS MY HAND AT PLANO, TEXAS, - FND 5/8„ I.R. R CH-15.28' FILE NO. 20130729001060670, DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING THIS DAY OF _ ___ 2013. I L6 L=15.28' MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: RELEASED ON 10T07T013 FOR REVIEW PURPOSES ONLY. I I \\ BEGINNING AT A 5/8" IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF NOT TO BE RECORDED FOR ANY PURPOSE. I "I \\ FND "X" SAID LOT 1B; JASON L. MORGAN R.P.L.S. NO. 5587 o I� -' 0 -- THENCE SOUTH 84'57'16" EAST ALONG THE NORTH LINE OF SAID LOT 1B, A DISTANCE OF N I'' I \ G7 177.16 FEET TO A 5/8" IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER STATE OF TEXAS _z id I \ I \ N� 73 % i• ce- THEREOF AND BEING IN THE WEST RIGHT-OF-WAY LINE OF WESTGATE WAY (65' R.O.W.) COUNTY OF COLLIN w I I \ 7.1\; o c tt'% SAID POINT BEING IAT THE BEGININNING OF A NON-TANGENT CURVE TO THE LEFT HAVING m ;t LOT 1B-R I I \ N`' A RADIUS OF 582.50 FEET, A CENTRAL ANGLE OF 01'30'10", AND A CHORD WHICH BEARS BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ON o SOUTH 20'42'56" EAST, A DISTANCE OF 15.28 FEET; THIS DAY PERSONALLY APPEARED JASON L. MORGAN, R.P.L.S. NO. 5587, STATE OF TEXAS, N BLOCK A I \ \ -‹ AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND m ;� 18,833 SQ. FT. I y \ \, THENCE IN A SOUTHERLY DIRECTION ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE CONSIDERATIONS HEREIN EXPRESSED. p OR / �mG 10' SANITARY SEWER EASEMENT OF 15.28 FEET TO AN "X" FOUND FOR CORNER AT THE BEGINNING OF A REVERSE CURVE GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF 2013. z 0.432 ACRES / o�o \CC# 20071 102001494470 > / -o�, �'�,C R.P.R.C.C.T. TO THE RIGHT HAVING A RADIUS OF 517.50 FEET, A CENTRAL ANGLE OF 09 41 22 , AND 30.00' / ��r N A CHORD WHICH BEARS SOUTH 16'36'45" EAST, A DISTANCE OF 87.41 FEET; Z C4 - ----L4_ - _ i/G� � __-_ THENCE IN A SOUTHERLY DIRECTION ALONG SAID CURVE TO THE RIGHT, AN ARC DISTANCE I - ). L8 OF 87.52 FEET TO A 5/8" IRON FOUND FOR CORNER AT THE SOUTHEAST CORNER OF NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 24' MUTUAL ACCESS R=517.50' SAID LOT 1 B; I 24' ACCESS 0=09'41'22" - d< FIRELANE ESMT. d< FIRELANE ESMT. CB=S I (BY THIS PLAT) THIS PLAT) CB=S 16'36'45" E THENCE NORTH 84'57'16" WEST ALONG THE SOUTH LINE OF SAID LOT 1B, A DISTANCE OF C2 CH=87.41' 216.06 FEET TO A 5/8" IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBY CERTIFIES FND 5/8" I.R. (c.M.) --- --__ L1_L_ L=87.52' THEREOF; THAT THE FOREGING REPLAT OF LOT 1B, BLOCK A, TO LOT 1B-R, BLOCK A, AMERICAN ____C3.,,, i - --___ NATIONAL BANK ADDITION NO. 2, WAS SUBMITTED TO THE CITY COUNCIL ON THE ____ DAY N 84.57'16" W THENCE NORTH 05'02'44" EAST ALONG THE WEST LINE OF SAID LOT 1B, A DISTANCE OF OF , 2013, AND THE COUNCIL, BY FORMAL ACTION, THEN AND THERE ACCEPTED 216.06' $ 95.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 18,833 SQUARE FEET OR THE DEDICATION OF STREETS, ALLEYS, PARKS, EASEMENTS PUBLIC PLACES AND WATER AND 0.432 ACRES OF LAND. SEWER LINES, AS SHOWN AND SET FORTH IN AND UPON SAID PLAT, AND SAID COUNCIL FND 5/8" I.R.`' FURTHER AUTHORIZED THE MAYOR TO NOTE ACCEPTANCE THEREOF FOR THE CONSTRUCTION BY SIGNING HIS NAME AS HEREIN ABOVE SUBSCRIBED. LOT 1A OWNERS DEDICATION WITNESS MY HAND THE ____ DAY OF , 2013. BLOCK A NOW THEREFORE, KNOW ALL BY THESE PRESENTS: ------------------------ LINE TABLE THAT SWIMCAT, LLC, A TEXAS LIMITED LIABILITY COMPANY DOES HEREBY ADOPT THIS CITY SECRETARY LINE BEARING LENGTH REPLAT, DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS REPLAT OF LOT 1B, CITY OF WYLIE, TEXAS L1 N 84'57'16" W 68.72' BLOCK A, TO LOT 1B-R, BLOCK A, THE AMERICAN NATIONAL BANK ADDITION NO. 2, AN L2 N 84'57'16" W 70.00' ADDITION TO THE CITY OF WYLIE, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, RECOMMENDED FOR APPROVAL L3 N 05•02'44" E 22.00' TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE L4 S 84'57'16" E 68.17' EASEMENTS AND PUBLIC USE AREAS, AS SHOWN ARE DEDICATED, FOR THE PUBLIC USE L5 N 05.02'44" E 42.50' FOREVER, FOR THE PURPOSE INDICATED ON THIS PLAT. NO BUILDINGS, FENCES, TREES, L6 S 84'57'16" E 24.00' SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED OR PLACED SAL DEL REY PROPERTIES, INC. L7 S 05.02'44" W 32.50' UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE REM. OF A CALLED 45 ACRE TRACT L8 S 84'57'16" E 24.29' - IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS, IF APPROVED BY THE CITY CHAIRMAN, PLANNING AND ZONING COMMISSION DATE TRACT ONE �--- VOLUME 1663, PAGE 451 OF WYLIE. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE CITY OF WYLIE, TEXAS D.R.C.C.T. -' AND ACCOMMODATION OF PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME CURVE TABLE // UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC "APPROVED FOR CONSTRUCTION" CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH / UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF WYLIE'S USE THEREOF. / THE CITY OF WYLIE AND PUBLIC ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND C1 517.50' 02.49'05". S 14'23'43" E 25.45' 25.45' / KEEP REMOVED ALL ORPARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER C2 50.00' 25.34'59". S 82'15'15" W 23.03' 23.22' / S82.15'15" W 22.14' 22.33' C3 52.00' 25.34'59" IMPROVEMENTS OR GROW PATHS WHICH MAY IN ANY WAY ENDANGER OR S INTERFERE WITH MAYOR, CITY OF WYLIE, TEXAS DATE . S C4 3.00' 51.04'41" N 50'03'21" E 2.59' 2.67' / THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN C5 28.00' 90.00'00". N 50'02'44" E 39.60' 43.98' / /� SAID EASEMENTS. THE CITY OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL AT ALL C6 28.00' 90.00'00" S 39'57'16" E 39.60' 43.98' / / TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE / EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, o / / PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR ui � / PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME N / / PROCURING PERMISSION FROM ANYONE. THIS PLAT APPROVED SUBJECT TO ALL PLATTING / / ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE CITY OF WYLIE, TEXAS. / / VICINITY MAP /// / WITNESS, MY HAND, THIS THE ____ DAY OF , 2013. m NTS / / // / r W. BROWN ST. / // BY: > / JARROD RUSH, MANAGER z /// // SWIMCAT, LLC, A TEXAS LIMITED LIABILITY COMPANY o kl / / / 1P / (W S44 SITE VARIABLE WIDTH FIRELANE AND // �.0 Ippr /// I STATE OF TEXAS kiRey Sr) y WYLIE MUTUAL ACCESS EASEMENT / / COUNTY OF COLLINNi CABINET Q, PAGE 347 / AND INSTRUMENT NO. // / LOT 2 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND 20071010014 �R.C.C.T92540// // BLOCK A STATE ON THIS DAY PERSONALLY APPEARED , MANAGER / // AMERICAN NATIONAL OF SWIMCAT LLC, A TEXAS LIMITED LIABILITY COMPANY, KNOWN BY ME TO BE THE $ _a-L. > �i / / BANK OF TEXAS ADDITION NO. 2 PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND I Q�- 3 a // / CABINET Q, PAGE 347 ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND ,���Job o / / M.R.C.C.T. CONSIDERATIONS THEREIN EXPRESSED. \P' gg cc J I r-- / // GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF , 2013. S. , J WATER LINE AND FIRE HYDRANT EASEMENT ti / i m INSTRUMENT NO. 20071231001718650 / vi D.R.C.C.T. I /I / I II / NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 25' BUILDING E -1 I I MY COMMISSION EXPIRES: CABINET Q, PAGE 347 I I I 1 -- ________ ---__ _____ I I REPLAT OF - - - - _ _ CC�U6U 057MT.J � �J----- __ I ---- , ' 226 I T-- _ LOT 1B, BLOCK A FND 5/8" I.R. (C.M.) D.R.C.C.T. I I I I --------------- TO LOT 1B-R, BLOCK A W. F.M. 544 (120' R.O.W.) ` AMERICAN NATIONAL BANK ADDITION NO. 2 „A., E.D. DAVIDSON SURVEY, ABSTRACT NO. 266 CITY OF WYLIE, COLLIN NOTES: i0m�1 LEGEND V1V/i COUNTY, TEXAS 1 . THE BASIS OF BEARINGS FOR THIS PLAT IS THE WEST LINE OF THE AMERICAN NATIONAL BANK ADDITION NO. 2, AN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, 5/8" 5/8" SEPTEMBER, 2013 SCALE 1 " = 20' SET I.R. = SET IRON ROD ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME Q, PAGE 347, MAP RECORDS OF = SURVEYOR FND "X" FOUND X CUT IN CONCRETE GRAPHIC SCALE OWNER GLOBAL LAND SURVEYING, INC. COLLIN COUNTY, TEXAS, HAVING A BEARING OF NORTH 05'02'44" EAST. FND 1/2" I.R. = FOUND 1/2" IRON ROD 20 0 10 20 40 SWIMCAT, LLC. 2030 AVENUE "G" t4�A�;�\ MI' - - 2. SELLING A PORTION OF THIS PROPERTY BY METES AND BOUNDS IS A VIOLATION OF THE M.R.C.C.T. = MAP RECORDS COLLIN COUNTY, TEXAS 302 RIVER COVE SUITE 1104 NAZ611II■EII1 ESMT. = EASEMENT GARLAND, TEXAS 75044 PLANO, TEXAS 75074 IIUMI2nr'II CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES SQ. FT. = SQUARE FEET PHONE (214) 418-8878 PHONE (972) 881-1700 \\\\11/64..v/ AND BUILDING PERMITS. R.O.W. = RIGHT-OF-WAY ( IN FEET ) FAX (972) 423-1083 \\\\I/I-/ 3. THIS PROPERTY IS NOT SHOWN TO BE WITHIN A 100-YEAR SPECIAL FLOOD HAZARD AREA. (C.M.) CONTROLLING MONUMENT 1 INCH = 20 FEET JOB NO. 13-09-076 SHEET 1 OF 1 Wylie City Council ar AGENDA REPORT Meeting Date: November 12, 2013 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 31, 2013 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing, and consider and act upon, approval of a Replat of Keller's First Addition, reconfiguring blots to create two lots. Subject property being generally located at the southwest corner of Ballard Avenue and Calloway Street. Recommendation Motion to approve a Replat of Keller's First Addition, reconfiguring 6 lots to create two lots. Subject property being generally located at the southwest corner of Ballard Avenue and Calloway Street. Discussion APPLICANT: Engineering Concepts OWNER: Triple P Property, LLC The current owner desires to consolidate the six (6) lots into two (2) for future development opportunities. The Replat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission Discussion The Commission questioned the improvement of the alley between the two proposed lots. Staff stated that the improvement of alleyway is considered on a case by case basis, while the abandonment of right-of-way is processed in accordance with Section 2.12 of the Subdivision Regulations. No improvement or abandonment consideration has been requested at this time. The Planning and Zoning Commission voted 4-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Page 1 of 1 BUTLER STREET � MASTERS AVE LEGEND (80' R.O.W.) 5/8" I.R.S. 5/8" IRON ROD WITH YELLOW CAP 5/8" I.R.F• STATE OF TEXAS § �' W/CAP STAMPED "RPLS 3963" SET Lot 1R 34 W/CAP ( COUNTY OF COLLIN § OWNER'S CERTIFICATE AND DEDICATION N o`� M) z _ I.R.F. IRON ROD FOUND WHEREAS, TRIPLE P PROPERTY, LLC, being the Owner of the following described tracts of land: '1� BUTLER ST f>.'. � D.R.C.C.T. DEED RECORDS COLLIN COUNTY I LOT 1R TRACT 1 : CALLOWAY ST TEXAS BEING a 0.376 acre tract of land situated in the Samuel B. ShelbySurvey, Abstract No. 820, Cityof Wylie, County, being I y yl' Collin Texas and all of Lots 1, 2, 3 and 4, Block 5, Kellers 1st Addition, an addition to the City of Wylie, as recorded in Volume 29, Page 349, Map Records, Collin a M.R.C.C.T. MAP RECORDS COLLIN COUNTY County, and being part of that certain tract of land described in deed to Triple P Property, LLC, as recorded in Instrument 20120111000033190, SITE TEXAS I Deed Records, Collin County, Texas, said 0.376 acre tract being more particularly described by metes and bounds as follows: m m COLLEGE ST R.O.W. RIGHT-OF-WAY I I BEGINNING at a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the northeast corner of said Lot 1, said corner beingat the Q a intersection of the west right-of-way line of South Ballard Avenue, an 80 ft. right-of-way and the south right-of-way line of Calloway Street, CM CONTROL MONUMENT LOT 2 a 70 ft. right-of-way; z 0 ,WILLIAMS ST Y 5 cn z r cn o THENCE South, with the west right-of-way line of said South Ballard Avenue and the east boundary 7 m N I 9 Y lines of said Lots 1, 2, 3 and 4, a distance I of 131.00 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the southeast corner of said Lot 4 and the northeast CITIZENS AVE I I corner of Lot 5 of said Block 5; THENCE West, with the common boundary line of said Lot 4 and said Lot 5, a distance of 125.00 feet to a 5/8-inch iron rod with yellow cap VICINITY MAP W LOT 3 stamped "RPLS 3963" set for the southwest corner of said Lot 4 and the northwest corner of said Lot 5 3/8-inchN.T.S. I I J 1 P from which a iron rod LOT 8R, BLOCK 34 J LOT 2R, BLOCK 34 found bears North 87 degrees 08 minutes 05 seconds West, a distance of 2.5 feet, said corner being in the east right-of-way line of a 20 ft. LOT 1 BLOCK 35 I I REPLAT OF RAILROAD ADDITION Q REPLAT OF RAILROAD ADDITION 1 alley shown on said Addition; POSSUM LODGE ADDITION VOL. 2010, PG. 185 VOL. P, PG. 649 VOL. L, PG. 928 M.R.C.C.T. .'CD M.R.C.C.T. THENCE North, with the east right-of-way line of said alleyand the west boundarylines of said Lots 1, 2, 3 and 4, a distance of 131.00 feet M.R.C.C.T. I I CNI 9 y to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the northwest corner of said Lot 1, said corner being at the L_ _J L _J _ intersection of the east right-of-way line of said alley and the south right-of-way line of said Calloway Street; N 90'00'00" W (DUE WEST) THENCE East, with the north boundary line of said Lot 1 and the south right-of-way line of said Calloway Street, a distance of 125.00 feet to BASIS OF BEARINGS I the POINT OF BEGINNING AND CONTAINING 16,375 square feet or 0.376 acre of land. N I LOT 4 LOT 11R (TRACT 2): CALLOWAY STREET ) BEING a 0.376 acre tract of land situated in the Samuel B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas and being all of (70' R.O.W.) Lot 11 and Lot 12, Block 5, Kellers 1st Addition, an addition to the City of Wylie, as recorded in Volume 29, Page 349, Map Records, Collin County, and being part of that certain tract of land described in deed to Triple P Property, LLC, as recorded in Instrument 20120111000033190, POINT OF BEGINNING POINT OF BEGINNING Deed Records, Collin County, Texas, said 0.376 acre tract being more particularly described by metes and bounds as follows: ‘eh vAlk (TRACT 2) (TRACT 1) BEGINNING at a 5/8 inch iron rod with yellow cap stamped "RPLS 3963" set for the northwest corner of said Lot 12 from which a 3/8-inch AV 5/8" I.R.S. 5/8" I.R.S. 5/8" I.R.S. , L iron rod found bears West, a distance of 1.7 feet, said corner being at the intersection of the east right-of-way line of South Jackson Avenue, 3/8" I.R.F. BEARS W/CAP EAST 125.CJ0 W/CAP W/CAP EAST 125.00 a 70 ft. right-of-way and the south right-of-way line of Calloway Street, a 70 ft. right-of-way, 7 WEST, 1.7' •o O O 0 5/8" I.R.S. N.N THENCE East, with the north boundary line of said Lot 12 and the south right-of-way line of said Calloway Street, a distance of 125.00 feet to 3/8" I.R.F BEARS W/CAP 00 0) a 5/8-inch iron rod withyellow capstamped "RPLS 3963" set for the northeast corner of said Lot 12 from which a 3/8-inch iron rod found S 80'22'50" W, 1.4' QI (a LOT 5 / P 30 15 0 30 60 bears South 80 degrees 22 minutes 50 seconds West, a distance of 1.4 feet, said corner being in the west right-of-way line of a 20 ft. alley 1 ;; shown on said Addition; BUTLER ADDITION mimmummumilVOL. 2, PG. 55 W %I ITHENCE South, with the west right-of-way line of said alleyand the east boundarylines of said Lot 11 and said Lot 12, a distance SCALE IN FEET M.R.C.C.T. of 131.00 1" = 30' Z feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the southeast corner of said Lot 11 and the northeast corner of O LOT 1R, BLOCK 5 I Lot 10 of said Block 5 from which a 3/8-inch iron rod found bears South 85 degrees 17 minutes 04 seconds West, a distance of 2.0 feet; • O O 16,375 SQ. FT. Q M LOT 11R, BLOCK 5 0 0 0.376 AC. Q THENCE West, with the common boundary line of said Lot 10 and said Lot 11, a distance of 125.00 feet to a 5/8-inch iron rod with 16,375 SQ. r T. . •• }- .= l,,� / yellow cap 1R, ••-�- �- ( [-- LOT stamped "RPLS 3963" set for the southwest corner of said Lot 11 and the northwest corner of said Lot 10 said corner beingin the east BLOCK 6 Z 0.376 AC. M W w �-�% •.. I'7 KELLERS 1ST ADDITION O d J > Z right-of-way line of said South Jackson Avenue; VOL. P, PG. 650 (f) J 0 M.R.C.C.T. o - Q a. w W THENCE North, with the east right-of-way line of said South Jackson Avenue and the U o w < Ig y west boundary lines of said Lot 11 and said Lot 12, a QCt O 0 distance of 131.00 feet to the POINT OF BEGINNING AND CONTAINING 16,375 square feet or 0.376 acre of land. 1 ♦,,T AA D 1 1 1T1 i R i���� P r4 1 I I I•1 I :. Z .<I I K O %�•"• ••% _ NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: LI L.%I%I I♦ ♦I w 0 0 O < 0 6 c\t LOT6 (n m S '�+ o) THAT, TRIPLE P PROPERTY, LLC, does hereby adopt this plat designating the herein above described property as KELLER 1ST ADDITION, LOTS 1R 0 SAMUEL B. SHELBY SURVEY � �� � � I Y P P 9 9 P p y AND 11R, BLOCK 5, an addition to the City of Wylie, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, A-820 h rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements i, =O and public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, 3/8"• I.R.F. BEARS m ( W shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape S 8517 04 W, 2.0' 5/8" I.R.S. improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, utility easements may _ w/CAP ® ' 4 also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use ' 5/8" I.R.S.. WEST 125.00' S/8" I.R.S. 1 to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. ?5/8" I.R.S. WEST 1 25.C0 W/CAP W/CAP W/CAP I- I® 13/8" I.R.F BEARS N 87'08'05" W, 2.5' LOT 5 IThe City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of anY 9buildin s, fences, trees, shrubs LOT 10 I or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and egress to LOT 3 I 5 KELLERS 1ST ADDIT NII 19 g g 0 VOL. 29, PG. 349IO or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding KELLERS 1ST ADDITION I M.R.C.C.T. I I 1 LOT 7 to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. VOL. 29, PG. 349 LOT 6 M.R.C.C.T. I I I This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. t FOR: TRIPLE P PROPERTY, LLC BY: COLLEGE STREET TOMMY PULLIAM, OWNER APPROVAL BLOCK (60' R.O.W.) STATE OF TEXAS § COUNTY OF COLLIN § "RECOMMENDED FOR APPROVAL" SURVEYOR'S CERTIFICATE Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tommy Pulliam, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that he executed the same for the Chairman, Planning & Zoning Commission Date 1/2" I.R.F. purpose and considerations therein expressed. KNOW ALL MEN BY THESE PRESENTS: Cityof Wylie, Texas ® W/CAP (CM)LOT 1 CM Given under my hand and seal of office, this _ ___ day of 2013. ip THAT, 1 ROBERT C. MYERS, hereby certify that this plat was prepared under my supervision from I - - y - �` an actual and accurate survey of the land and that the corner monuments shown thereon were SEP 1 3 2013 ___H properly placed under my personal supervision in accordance with the Subdivision Ordinance of "APPROVED FOR CONSTRUCTION" the City of Wylie. I FINAL P -�•= ___ Notary Public in and for the State of Texas GIVEN UNDER MY SEAL OF OFFICE THIS 3rd DAY OF JULY, 2013. Mayor, City of Wylie, Texas Date My Commission Expires On: KELLERS 1ST ADDITION LOTS 1R AND 11R, BLOCK 5 SOFT BEING A REPLAT OF ��p' •G‘ST.E •- •9' "ACCEPTED" �� � ROBERT C. MYERS LOTS 1, 2, 3, 4, 11 & 12, BLOCK 5 REGISTERED PROFESSIONAL LAND SURVEYOR ROBERT C. MYERS OOOOOOOO • NOTICE: Selling a portion of this KELLERS 1ST ADDITION ' by VOL 29, PG. 349, M.R.C.C.T. STATE OF TEXAS NO. 3963 •• ,0 3963 �• addition metes and bounds is a Mayor, City of Wylie, Texas Date violation of CityOrdinance and . �o �P• STATE OF TEXAS § 146 suRvtyo State Law, and is subject to fines AND BEING COUNTY OF COLLIN § and withholding of utilities and The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that building permits. 0.752 ACRE Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this the foregoing Final Plat of KELLERS 1ST ADDITION, LOTS 1R AND 11R, BLOCK 5, OWNER day personally appeared Robert C. Myers, Registered Professional Land Surveyor, known to me an addition to the City of Wylie was submitted to the City Council on the ___ day TRIPLE P PROPERTY, LLC to be the person whose name is subscribed to the foregoing instrument and acknowledged to of , 2010, and the Council, by formal action, then and there PO BOX 1132 SITUATED IN THE me that he executed the same for the purpose and considerations therein expressed. accepted the dedication of the streets, alleys, parks, easements, public places, and WYLIE, TX 75098 water and sewer lines as shown and set forth in and upon said plat and said Council (972) 442-6620 SAMUEL B. SHELBY SURVEY, ABSTRACT N0. 820 Given under my hand and seal of office, this 3rd day of July, 2013. further authorized the Mayor to note the acceptance thereof by signing his name as Notes: MOBILE (469) 222-7039 CITY OF WYLIE, COLLIN COUNTY, TEXAS herein subscribed. 1. All monuments are 5/8" I.R.S. W/CAP .� ENGINEERING CONCEPTS & DESIGN L.P. Witness my hand this day of A.D., 2013. unless otherwise indicated. R.C. MYERS SURVEYING, LLC , 3400 OXFORD DRIVE ENGINEERING/PROJECT MANAGEMENT/CONSTRUCTION SERVICES Notary Public in and for the State of Texas 2. Basis of bearing being North 90' 00' 00" W ROWLETT, TX 75088 TEXAS FIRM REG. NO. 001145 201 WINDCO CIRCLE, SUITE 200, WYLIE TEXAS 75098 MyCommission Expires On: 02 14 2015due West) for the south boundaryline of (214) 532-0636 FAX (972) 412-4875 P' / / CitySecretary ( (972) 941-8400 FAX (972) 941-8401 the replat of the Railroad Addition recorded EMAIL: rcmsurveying@gmail.com City of Wylie, Texas Job. No. 152 in Vol. P, Pg. 649, M.R.C.C.T. DATE: JULY 2, 2013 SHEET 1 OF 1 Z:\PROJECTS\03705\dwg\3705 Replat.dwg Wylie City Council , Tr AGENDA REPORT 4rf at iv Meeting Date: November 12, 2013 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: November 5, 2013 Budgeted Amount: Exhibits: Subject Hold a public hearing, and consider and act upon, approval of a Replat for Lake Trail of Bozeman Farm, Lots 1 and 2, Block E, establishing 5 single family residential lots and two open space lots on 1.907 acres, generally located on the northeast corner of Collins Boulevard and F.M. 544. Recommendation Motion to approve, a Replat for Lake Trail of Bozeman Farm, Lots 1 and 2, Block E, establishing 5 single family residential lots and two open space lots on 1.907 acres, generally located on the northeast corner of Collins Boulevard and F.M. 544 Discussion APPLICANT: Ridinger Associates, Inc. OWNER: Development Solutions BZ, LLC The purpose of the plat is to reconfigure two lots to establish five single-family residential and two open space lots on 1.907 acres of property,zoned PD 2013-40 adopted by City Council on October 22nd, 2013. The model homes will represent homes proposed for the remainder of Bozman Farms. PD 2013-40 calls for criteria and requirements that make it consistent with Phase I and II of Bozman Farms which is PD 2007-35. The residential lots will eventually become individual residential uses and the plat reflects ROW dedication for a slip street to be built in the future. This Replat complies with all applicable technical requirements of the City of Wylie and substantially conforms to the adopted PD provisions. Planning and Zoning Commission Discussion The Planning and Zoning Commission voted 5-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Page 1 of 1 RAS- RUSH CREEK C IAGE !date iof s § FLEMING A Cent TANGLE_WOOD sY I ad ilebication cZu BUTLER O r'$ g � CE RIDGE lontsj of fold i a- F❑XW❑❑D 31W00.0 WHEREAS Development Solutions BZ,LLC is the owner of all that certain lot,tract or parcel of land situated in the Aaron West ~ A 01 A = J A HEATHER 'W© Survey,Abstract Number 979 and the Allen Atterberry Survey,Abstract Number 23,City of Wylie,Collin County,Texas,being all ¢ = A 8 FOREIST IN w of Lot 1 and all of Lot 2,Block E,Lake Trail of Bozman,an addition to the Cityof Wylie,Collin County,Texas,accordingto the 40 AUTUMN WI-LIAM 1 PARK tx o = AUTUMN HILL Y ' '� KIRBY CIT ZEN� ce ) o ¢ plat thereof recorded in Cabinet P,Page 565 of the Plat Records of Collin County,Texas,and being that certain tract of land a: I I - described bydeed to Development Solutions BZ,LLC,recorded under Document Number 20130628000907130 of the Official z TH❑MAS A 3 I I Lot 28, Block E3 / Public Records of Collin County,Texas and beingmore particularly described as follows: A ❑ N f o Ia I I Bozman FarmEstates, / p c y f w DUNC N WAY _I ¢ IX cc CALDWELL = Phase IA ' / BEGINNING at a'/2 inch iron rod found for the northeast corner of said Lot 1,being the most westerly southwest corner of Lot 2 zp ..54. I of said Block E,and the southeast corner of Charlane Collins Dew,recorded under County Clerk's File Number 93-0039229 of the I ----Cabinet�� Page 589 <-- ' Official Public Records of Collin County,Texas; 7 BROOK I I / / P.�C•C,T, I 1,, S I TE i I I THENCE North 00 degrees 28 minutes 40 seconds East,with the east line of said Dew tract,a distance of 169.93 feet to a 1/2 inch ICharlane Colllin�s Dew // iron rod found for the northwest corner of said Lot 2 and the southwest corner of Lot 28,Block E,Bozman Farm Estates,Phase IA, 1 C.C. #93 m I'Ii 39229 / / " an addition to the City of Wylie,Collin County,Texas,according to the plat thereof recorded in Cabinet P,Page 589 of the Plat I I .- 1/2"LR.F. S89'4 '50r 40' 1/21 R ty,Texas; ®•�P•R•C•C•T• Records of Collin Coun ALANIS ® l _, / �. THENCE South 89 degrees 47 minutes 52 seconds East,with the south line of said Lot 28,a distance of 80.40 feet to a 1/2 inch iron I 154� / © , rod with a yellow cap stamped"ARTHUR SURVEYING COMPANY"(ASC)set for the southeast corner of said Lot 58,the I ' northeast corner of said Lot 2 and beingin the west line of W.Collin Circle,apublic roadway,saidpoint beingat the beginning of Y g g I \ 30' Enserch Corp Pipeline Esmt. ) ` h1� • ; a non-tangent curve to the left having a radius of 156.520 feet; Volume 1257, Page 88 I \ ` (11111. w COLONIAL � THENCE with the westerlyline of said W.Collins Circle and with said curve,an arc length of 115.69 feet,havinga delta angle of I / i CoSery Easement gy BDZMANII _�� Cabinet P, Page 565 1...::N \ O 42 degrees 21 minutes 12 seconds,whose chord bears South 26 degrees 43 minutes 57 seconds East,a distance of 113.07 feet to a KLINGBELL _ P.R.C.C.T. 1/2 inch iron rod found for corner; w MEADOWLARK •4. ��l 1 / ' �� \ THENCE South 02 degrees 41 minutes 16 seconds East,with the east line of said Lot 2,a distance of 13.63 feet to a 1/2 inch iron z BUTLER ti �,n rod found for cornzstt enortherlylineofCollins Boulevard,a public roadway,said point being at the beginning of a non-tangent / \ `La 6' •® v' \ curve to theright a radius of 828.00 feet; • 50' Explorer Pipeline Esmt. rai �OaTHENCE continuing with thenortherly aiCollinsBoulevard andwith saidan arclength VICINITY MAP : 1 " = 2000 ' ' volume 7s7, Page 661 a, ,/ c�► 0',. u ng line ofsaid Co s oulev d curve, e gth of 615.22 feet,having a I I Oil 01 i delta angle of 42 degrees 34 minutes 20 seconds,whose chord bears South 65 degrees 59 minutes 53 seconds West,a distance of •- \ �.��j 601.17 feet to a Y2 inch iron rod found for corner; � � � THENCE South 87 degrees 17 minutes 03 seconds West,continuing with the north line of said Collins Boulevard,a distance of 1 W \ `4' 24.36 feet to a V2 inch iron rod found for the southerlysouthwest corner of said Lot 1; 1 p Lot ci o°— 00 ®e�32 .``�c���S \ � THENCE North 47 degrees 42 minutes 57 seconds West,continuingwith the northerlyline of said Collins Boulevard,a distance I � � v 1/2/.R.F. $� I o of 28.28 feet to a 1/2 inch iron rod with a yellow cap stamped"ASC"set for the westerly southwest corner of said Lot 1 and being in S) \ �+ I " il p 20' Drainage Ease ent S02'41'16"E the east line of F.M.544,a public roadway; -, g / I I o ZI Cabinet P, Pa 65 , ,..} I P.R.C.C.T. " 13.63 THENCE North 02 degrees 42 minutes 57 seconds West,with the east line of said F.M.544,a distance of 173.92 feet to a 1/2 inch c 1/2 I.R.F. / iron rod found for the northwest corner of said Lot 1 and being in the south line of said Dew tract,from which a%2 inch iron rod cn I < o / found for the southwest corner of said Dew tract bears North 89 degrees 44 minutes 35 seconds West,a distance of 15.02 feet, I being in the east line of said F.M.544; c� 30 0 30 60 90 Feet n CT �, I-� I--I I I ( �, I THENCE South 89 degrees 44 minutes 35 seconds East,with the north line of said Lot 1 and the south line of said Dew tract,a D. I c POINT ®F 1 distance of 469.37 feet to the POINT OF BEGINNING,and containing 2.029 acres of land,more or less. SCALE : 1 " = 30 ' 26 X26 Verizon Esmt. :-� I o knout N89 44 2' W EGINNING / /// " PfDrP tsP e s,t C: Vol. 5496, Pg. 124 , ' y 15.02' O.P.R.C.C.T: o - � 5 / , / N CO tD �� THAT Development Solutions BZ,LLC,acting herein by and through it's duly authorized officers,does hereby adopt this plat (am) �"' I designating the hereinabove described,property as Lake Trails of Bozman Farm,Lots 1R,2R,3 4 5 6 and 7 Block E an 21.R.F. I SE/9'44'35"E 469.37' '� '�• ' ' ' ' 45.0' .� ,� MINIMMIN .r, MOP / addition to the City of Wylie,Texas,and does hereby dedicate,in fee simple,to the public use forever,the streets and alleys shown t/2"I.R.F. 70.09' T 70.00' \moo, fi5.OD' 65.00' 129.29'AMMNIMMIIIIIIIII. IMP /2"I.R.F. / thereon. The streets and alleys are dedicated for street purposes. The Easements and public use areas,as shown are dedicated,for \ \ / I 5t,,� / the public use forever,for the purposes indicated on this plat. No buildings,fences,trees,shrubs or other improvements may be I 1 N.��. / / placed in Landscape Easements,if approved by the City of Wylie. In addition,Utility Easements may also be used for the mutual \•�, use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular \a''o�z Z ' / / utilities,said use by public utilities being subordinate to the Public's and City of Wylie's use thereof. The City of Wylie and public I ( I I I I / utility entities shall have the right to remove and keep removed all or parts of any buildings,fences,trees,shrubs or other ZZ c.M) / / improvements or growths which may in any endanger or interfere with the construction,maintenance,or efficiency of their �2"�RF / respective systems in said Easements. The City of Wylie and public utility entities shall at all times have the full right of Ingress I.� (� - ][�®� and Egress to or from their respective easements for the purpose of constructing,reconstructing,inspecting,patrolling,maintaining, `� �1 ,{� / /// reading meters,and adding to or removing all or parts of their respective systems without the necessity at any time procuring the \ 1 04 I 0.288 Acres • / permission of anyone. I 4 Lot1401 W I7 / / / This plat approved subject to all platting ordinances,rules,regulations and resolutions of the City of Wylie,Texas. rnl - �I 0•186 Acres / / I 1 �I Lot 4 •- I / V WITNESS,my hand,this the day of ,2013. M L t 3 Ft.I 0.197 Acres T 10' Utility Easement. 0 Cabinet P, Page 565 / DEVELOPMENT SOLUTIONS BZ,LLC 471. , ® d 6 in 0e240'Acres oZ P.R.C.C.T. / 119 . / /t. \ c24 By: `r, N Lot 1 �� 0.280 Acres I I I /, / ��1' / / Aaron Ketchand 4.4 I . �I 0.283 Acres I I I .. I / ' / / / 01 o I 10' Utility Easement. I / �O� 5 / z o By this plat S /6�j� Nate of I as Z — _ .� 5 II 77 GI. ,..„. if I '' 02' S4.39' FJ•Z� / / / / BEFO' me,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared Aaron 11•11.4 \ i �' �38'58'OS' 2.51 �,� / Ketchand,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he c� I I R�1 A5.00' >> Q0 executed the same for the purposes and considerations therein expressed. ' S0.4�* SB,g 12 3fl - 7p,p4• Za• i / I i7 •59 rw4y ./ '� R� / / GIVEN under my hand and seal of office this the day of ,2013. \ I .47' !1 4'--- 113,4� t ht..o{tt ` 3� 2d �/ / N76 2 0•123 .► '� Notary Public in and for the State of Texas 15' Sanitary Sewer Esmt. " I•- '� "- L. / / Doc. No. 2006051700 '05 ,41�, `�� air -0663040 ' �. /0 VA / / o.P.R.c.c.r. 6Z% /�+5$L� O -� I 249' RECOMMENDED FOR APPROVAL 59.2' a g•. 9_�- r 1 2"�RS. I • a /' YJ" r ... 81 17.25 �, el-able 15. ... � �.LMI-------- '\ .16111 \ t--/ �� Chairman,Planning and Zoning Commission Date 1/2 i R. • c �1 City of Wylie,Texas 1/2/.R.F. I � .�''�' -V. 1 �07° 6S / o , " I .-- IT -1? 0 V W 5 �' / APPROVED FOR CONSTRUCTION I N47'42'57"W N S87'17 03 W „�'' � e� ���� I� r• 28.28'\_____ 24.3E _ �,_ �a� ------- I — I f Mayor,City of Wylie,Texas Date �--' 1 I `�f -- _ ACCEPTED ( -------- -- I Lot 2, '':lock X Lake Trails of Bozman FarmIL Mayor,City of Wylie,Texas Date I _,,�\ ••••.... ' Cabinet P, Page 565 The undersigned, ary , , fies "-'�� foregoing final platthe of theCity LakeSecret Trails of ofthe BozmanCityof FarmWylie subdivisionTexashereby to thecerti City of Wyliethatthe was (-- b P.R.C.C.T. _ 1.,.....---"'' submitted to the City Council of the day of ,2013,and the Council, "I I by formal action,then and there accepted the dedication of streets,alley,parks,easement,public _ _ places,and water and sewer lines as shown and set forth in and upon said plat and said Council FINAL PLAT 1 Matt of further authorized the Mayor to note the acceptance thereof by signing his name as herein above LEGEND: I arc subscribed. Lake Trail of Bozman Farm eli of Batt i I.R.F.-IRON ROD FOUND SURVEYOR'S CERTIFICATE: Witness my hand t his day of ,A.D.2013. I.R.S.-IRON ROD SET I Lots 1R, 2R, 3, 4, 5, 6 and 7, Block E C.M. -CONTROLLING MONUMENT I I R.O.W.-RIGHT-OF-WAY I KNOW ALL MEN BY THESE PRESENTS: P.O.B.-POINT OF BEGINNING I City Secretary being a replat of N.T.S.-NOT TO SCALE \ 1 That I,Douglas L.Arthur,do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the City of Wylie,Texas Block E, Lot 1 and Lot 2 of Lake Trail of Bozman O.P.R.C.C.T.-OFFICIAL PUBLIC corner monuments shown thereon as set were properly placed under my personal supervision in accordance with the Subdivision RECORDS,COLLIN Ordinance of the City of Wylie. Farm, an addition to the City of Wylie, Texas, as recorded COUNTY,TEXAS PRELIMINARY in Cabinet P, Page 565, Plat Records, Collin County, Texas P.R.C.C.T.-PLAT RECORDS,COLLIN v g •� COUNTY,TEXAS THIS DOCUMENT SHALL NOT BE RECORDED FOR H.O.A.-HOME OWNERS ASSOCIATION ANY PURPOSE AND SMALL NOT BE VIEWED OR C.C.#-COUNTY CLERK'S NUMBER RELIED UP124 AS A FINAL SURVEY TENT being 2.029 acres out of the DATEDI0/30/2013 Douglas L.Arthur,R.P.L.S. Aaron West Survey, Abst. No. 979 & NOTES: o. -� ,-1 -. E. I , , Allen Atterberry Survey, Abst. No. 23 1. No portion of subject property appears to lie within a Special Flood Hazard Area according to the Federal Emergency 3 o f gtx Management Agency Flood Insurance Rate Map,Community Panel No.480130 0420 J,present effective date of map 3 Q C T 0 2013 City of Wylie, Collin County, Texas June 2,2009,herein property is situated within Zone X(unshaded). Co'.'•., of Benin § 2013-- BEFO" me,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared Douglas L. 11.7._:',_-:__:------------- a _ " - rthur SurveyingInc. 2. All 1/2 inch iron rods found are with a yellow cap stamped"Arthur Surveying Company"unless otherwise noted. All Arthur,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he ��-` Vriron rods set are%2 inch with a stam ed"Arthur Surve in Company". executed the same for the oses and considerations therein ex ressed. Co.,1 yellowcap P SurveyingP� p / � Professional Land Surveyors ®5 20 3. Bearings based on Texas State Plane Coordinates,NAD83,(U.S.Feet)with a combined scale factor of 1.00015271. GIVEN under my hand and seal of office this the day of ,2013. RidingerOWNCR I DEVELOPER LEIPISVILLE DENTON Development Solutions BZ, LLC Associates, Inc 220 Elm St., # 200 1172 Bent Oaks4. The purpose of this replat is to create new lots for development. P Lewisville, TX 75057 Denton, TX 76210 12400 Coit Road, Suite 850 Ph. (972) 221-9439 Ph. (940) 435-5155 5. Selling a portion of this addition by metes and bounds is a violation of State law and is subject to fines and Notary Public in and for the State of Texas Dallas, TX 75251 Civil Engineers-Planners TERN NO. 10063800 TFRN NO. 10193866 withholding of utilities and building permits. Phone: (972)404-8500 Firm No. 1969550 S. Edmonds Lane, Suite 101 Tel. No.(972) 353-8000 Established 1988 arthursurveying.com Contact:Aaron Ketchand Lewisville, Texas 75067 Fax No.(972) 353-8011 DRAWN BY:J.C. DATE: 07/24/13 SCALE: 1"=30' CHECKED BY: D.L.A. ASC NO.: 1304390-4 Pi\1-ARTHUR\Englneering\A&R\LAKE TRAILS OF BOZMAN FARMS\dwg\1304390-4_replat-REVISED.dwg 10/30/2013 917'08 AM CDT OF Wylie City Council O a r AGENDA REPORT Meeting Date: November 12, 2013 Item Number: 4 Department: Police Department (City secretary's Use Only) Prepared By: Lt. Anthony Henderson Account Code: Date Prepared: October 15, 2013 Budgeted Amount: n/a Exhibits: n/a Subject Hold a public hearing and consider an act upon, approving and continuing the current Curfew Ordinance No. 2005-08. Recommendation A motion to approve and continue, the current the current Curfew Ordinance No. 2005-08. Discussion The current Curfew Ordinance No. 2005-08 requires a Public Hearing / Review every 3 years in order to abolish, modify, or continue the ordinance. This ordinance gives officers a tool to reduce juvenile crime by specifying times and locations where unsupervised juveniles under the age of 17 can be. Statistics have shown that when unsupervised juveniles gather late at night they are at higher risk of becoming a victim of crime or becoming involved in criminal activity. In 2012 Wylie officers issued 30 citations for curfew violations. From January 1, 2013. to the date this report was completed, October 15, 2013, officers have issued 22 curfew citations. Staff is recommending that we continue the current ordinance. Page 1 of 1 7 , Wylie City Council CITY OFWY I AGENDA REPORT Meeting Date: November 12, 2013 Item Number: 5 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 11/1/13 Budgeted Amount: Resolution, Letter from Exhibits: CCAD,Nominations Subject Consider, and act upon, Resolution No. 2013-26(R) casting votes for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2014. Recommendation Motion to approve Resolution No. 2013-26(R) casting votes for as a candidate(s) to the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2014. Discussion The City of Wylie has 60 votes that they may cast for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2014. There are currently 5 positions open on the board for expiring terms. Nominated candidates that were submitted to the Collin Central Appraisal District by cities within the CCAD district include: Tiffany Burleson, Ronald Carlisle, Dr. Leo Fitzgerald, Wayne Mayo, Michael A. Pirek, Gary Rodenbaugh, and Roy Wilshire. A copy of the nominating cities and ISD for each candidate is attached for council review. The City of Wylie may cast all of its 60 votes for one candidate or distribute the votes among any number of candidates that were nominated. Council did not opt to nominate a candidate for this position. Council is asked to approve a resolution casting its votes for a candidate(s) for the Board of Directors of the Collin Central Appraisal District. The resolution ballot must be submitted to Bo Daffin, Chief Appraiser no later than December 15, 2013.. Page 1 of 1 RESOLUTION NO. 2013-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CASTING ITS VOTE FOR A MEMBER OF THE BOARD OF DIRECTORS OF THE COLLIN CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, in accordance with Section 6.03(G) of the State Property Tax Code, the City of Wylie is required to cast votes for a candidate to Board of Directors of the Central Appraisal District; and WHEREAS, the City of Wylie has 60 votes to cast and said votes must be cast no later December 15, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: SECTION 1: The City Council of the City of Wylie, Texas does hereby cast and confirm its 60 votes for as a candidate(s) to the Board of Directors of the Collin Central Appraisal District. SECTION 2: The City Secretary is hereby directed to submit the official ballot, written resolution, and notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas on this 12th day of November, 2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2013-26(R)-CCAD Board of Directors Vote Page 1 of 1 Collin Central dp r sal Collin Central Appraisal District October 30, 2013 Carole Ehrlich, City Secretary City of Wylie 300 Country Club Wylie, TX 75098 Dear Ms. Ehrlich: Enclosed you will find the ballot listing the nominees for the Board of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser before December 15, 2013. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates fisted. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, 66,AF Bo Daffin Chief Appraiser EID/mir Enclosure 250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney,Texas 75069 Toll-Free 866.467.1110 Cust Service Fax 469.742.9207 www.collincad.org IIICollin Central Appraisal District Collin Central Appraisal District OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 60 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. TIFFANY BURLESON VOTES RONALD CARLISLE VOTES DR. LEO FITZGERALD VOTES WAYNE MAYO VOTES MICHAEL A. PIREK VOTES GARY RODENBAUGH VOTES ROY WILSHIRE VOTES October 30, 2013 -=- Bo Daffin, Chief Appraiser Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 250 Eldorado Pkwy., McKinney, Texas 75069, before December 15, 2013. 250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney,Texas 75069 Toll-Free 866.467.1110 Cust Service Fax 469.742.9207 www.collincad.org 2014-2015 CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS TIFFANY BURLESON Nominated by the City of Anna. Resides in Anna, TX. RONALD CARLISLE Is a current board member and has served since 1/94. Nominated by the City of Frisco, Frisco ISD and McKinney ISD. Resides in Frisco, TX. DR. LEO FITZGERALD Is a current board member and has served since the beginning of the Appraisal District, 1/80. Nominated by McKinney ISD and Plano ISD. Resides in Plano, TX. WAYNE MAYO Is a current board member and has served since 1/98. Nominated by the City of Richardson, and McKinney ISD. Resides in Richardson, TX. MICHAEL A. PIREK Nominated by the City of Plano. Resides in Plano, TX, GARY RODENBAUGH is a current board member and has served since 1/01. Nominated by the City of Allen, Allen ISD, and McKinney ISD. Resides in Allen, TX. ROY WILSHIRE is a current board member and has served since 01/03. Nominated by McKinney ISD. Resides in Plano, TX. 7 Wylie City Council CITY OFWY I AGENDA REPORT Meeting Date: November 12, 2013 Item Number: 6 Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: 11/4/2013 Budgeted Amount: Resolution, Letter from Exhibits: DCAD, Candidate List Subject Consider, and act upon, Resolution No. 2013-27(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2014. Recommendation Motion to approve Resolution.No. 2013-27(R) casting a vote for as a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2014. Discussion The Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. The Dallas Central. Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). In the case of the representative from suburban cities, each city may make a nomination for that position in October. The nominations are compiled into a ballot which is sent to each suburban city in November and one vote may be cast by each city for the nominee of their choice. Ballots are counted and the nominee with the most votes takes office on January 1st for a two year term. The City of Wylie chose not nominate a candidate for this position. A listing of candidates and the cities that nominated each are included. Per the 1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, candidates are required to receive a majority of the votes in order to be elected to the Board of Directors. The City of Wylie City Council is required to vote or abstain from voting no later than December 19, 2011. Page 1 of 1 RESOLUTION NO. 2013-27(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one (1) member of the Board. 2. The Dallas Independent School District shall appoint one (1) member to the Board. 3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum; and WHEREAS, the City of Wylie, Texas does hereby cast its vote by marking the ballot below (check one only): ❑ Wanda Adams ❑ Loren Byers ❑ Michael Hurtt O Gerald W. Lemons Resolution No.2013-27(R)-Dallas Central Appraisal District Nomination Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION I: The City Council of the City of Wylie, Texas does hereby confirm its one (1) vote for the election of as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas on this 12th day of November, 2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2013-27(R)-Dallas Central Appraisal District Nomination Page 2 of 2 Dallas Central Appraisal District Date: October 24,2013 To: Eric Hogue, Mayor, City of Wylie From: W. Kenneth Nolan, Executive Director/Chief Appraiser Re: - Election of Suburban Cities' Representative to Dallas Central Appraisal District Board of Directors In accordance with state law, the nomination process for persons to serve on the Dallas Central Appraisal District Board of Directors has been completed. By state law, your agency is required to vote by official ballot resolution,which is enclosed. You must do so no later than December 16, 2013. If your entity chooses to abstain from voting,please notify me in writing. The nominees are as follows. Also included are the names of the nominating cities. Nominee Entity(s)Nominating Ms. Wanda Adams Balch Springs Mr. Loren Byers Irving Mr.Michael Hurtt DeSoto, Ovilla,Richardson Mr. Gerald W. Lemons Glenn Heights If you have questions concerning the candidates please contact the entities who nominated them. Please act on this election process by official ballot resolution and return the ballot resolution to my office in the enclosed envelope by December 19, 2013. The_1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, which governs board elections, requires that a candidate receive a majority of the votes in order to be elected to the Board of Directors.Therefore it is imperative that your taxing unit cast its vote by the December 16,2013 deadline. We appreciate your interest in this very important process and look forward to receiving your vote. WKN/kid Enclosure(Official Ballot Resolution/Retum Envelope) cc: Mindy Manson,City Manager Carole Ehrlich,City Secretary Linda Bantz, Finance Director Office of Chief Appraiser 2949 N.Stemmons Freeway• Dallas,Texas 75247-6195•(214)631-0520 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 12, 2013 Item Number: 7 Department: City Manager (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: 11/4/2013 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2013-45 of the City of Wylie, Texas, Repealing Ordinance No. 71-8 and Ordinance No. 85-49; Amending Ordinance No. 92-1 and Section 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places), Chapter 10 (Alcoholic Beverages) of Part II of the City of Wylie Code of Ordinances; Providing for a Penalty for the Violation of this Ordinance; Providing for Savings and Severability Clauses; Providing for an Effective Date of this Ordinance; and Providing for the publication of the caption herein. Recommendation Motion to approve, Ordinance No. 2013-45 of the City of Wylie, Texas, Repealing Ordinance No. 71-8 and Ordinance No. 85-49; Amending Ordinance No. 92-1 and Section 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places), Chapter 10 (Alcoholic Beverages) of Part II of the City of Wylie Code of Ordinances; Providing for a Penalty for the Violation of this Ordinance; Providing for Savings and Severability Clauses; Providing for an Effective Date of this Ordinance; and Providing for the publication of the caption herein. Discussion At the October 22, 2013 City Council work session staff was directed to research and bring back to council a proposed amendment to Ordinance No. 92-1 allowing for the sale (for consumption on premises), possession and/or consumption of beer and/or wine, as those terms are defined by the TABC, for special events approved by the City Council. The proposed ordinance sets such exceptions in Section 10-22 (b,) authorizing the City Council, at its own discretion, to allow such consumption and sales on City owned property provided the third party enters into an agreement with the City to include the following: i. the third party obtains all City and Texas Alcoholic Beverage Commission licenses and/or permits required by local or state law to carry on such authorized activity; Page 1 of 1 Page 2 of 2 ii. the third party, in writing, fully indemnifies and holds the City harmless for all activities, occurrences or omissions arising out of or related to sale (for consumption on premises), possession and/or consumption of beer and/or wine; and iii. the third party executes an agreement with the City, which includes naming the City as an additional insured on any required insurance policy The proposed ordinance repeals two Wylie Ordinances 71-8 and 85-49 as they are no longer necessary and are covered in Ordinance No. 92-1 in their entirety. ORDINANCE NO. 2013-45 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 71-8 AND ORDINANCE NO. 85-49; AMENDING ORDINANCE NO. 92-1 AND SECTION 10-22 (EXCEPTIONS) OF ARTICLE II (POSSESSION AND CONSUMPTION IN PUBLIC PLACES) OF CHAPTER 10 (ALCOHOLIC BEVERAGES) OF PART II OF THE CITY OF WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Wylie, Texas ("City") currently prohibits the possession or consumption of any alcoholic beverage in any public place within the corporate limits of the City; and WHEREAS, the City desires to allow for the sale (consumption on premises),possession. and/or consumption of beer and/or wine at a special event sponsored by the City on City-owned property and as authorized by the City in its sole discretion; and WHEREAS, the City Council of the City ("City Council") has investigated into and determined that it is in the best interests of the City to amend Ordinance No. 92-1 and Section. 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places) of Chapter 10 (Alcoholic Beverages) of Part II of the City Code of Ordinances to allow for the sale (consumption on premises), possession and/or consumption of beer and/or wine at special events sponsored by the City; and WHEREAS, the City Council has further investigated and determined that it is in the best interest of the City to repeal Ordinance No. 71-8 and Ordinance No. 85-49 as they are no longer necessary to effectuate the prohibition of the possession and/or consumption of alcoholic beverages in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Wylie Ordinance Nos. 71-8 and 85-49. Wylie Ordinance Nos. 71-8 and 85-49 are repealed in their entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance, at which time Ordinance Nos. 71-8 and 85-49 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being Ordinance No.2013-45—Alcoholic Beverage Consumption Repealing Ordinance No 71-8 &Ordinance No. 85-49 Amending Ordinance No. 92-1 Page 1 of 3 commenced for any violation of Ordinance Nos. 71-8 and 85-49 occurring before the effective date of this Ordinance. SECTION 2: Amendment to Ordinance No. 92-1 and Section 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places) of Chapter 10 (Alcoholic Beverages) of Part II of the City Code of Ordinances. Section 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places) of Chapter 10 (Alcoholic Beverages) of Part II of the City Code of Ordinances is hereby amended to read as follows: "Sec. 10-22. Exceptions. This article shall not apply to: (a) persons in their private residences as guests of other persons in such other persons' private residences or to persons within privately owned premises; or (b) the sale (for consumption on premises), possession and/or consumption of beer and/or wine, as those terms are defined by the Texas Alcoholic Beverage Code, as amended, at a special event approved by the City Council and sponsored by the City on City-owned property and as authorized by the City Council at its sole discretion, if the City enters into a special event agreement, on a form prescribed by the City, with a third party specifying and regulating the use of beer and/or wine, provided that: i. the third party obtains all City and Texas Alcoholic Beverage Commission licenses and/or permits required by local or state law to carry on such authorized activity; ii. the third party, in writing, fully indemnifies and holds the City haiiiiless for all activities, occurrences or omissions arising out of or related to sale (for consumption on premises), possession and/or consumption of beer and/or wine; and iii. the third party executes an agreement with the City, which includes naming the City as an additional insured on any required insurance policy(ies)." SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2013-45—Alcoholic Beverage Consumption Repealing Ordinance No 71-8 &Ordinance No. 85-49 Amending Ordinance No. 92-1 Page 2 of 3 SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred and 00/100 Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED on the 12th day of November, 2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Courtney A. Kuykendall CITY ATTORNEY Date(s) of Publication: , Wylie Enterprise Ordinance No.2013-45—Alcoholic Beverage Consumption Repealing Ordinance No 71-8 &Ordinance No. 85-49 Amending Ordinance No. 92-1 Page 3 of 3 OF Wylie City Council OtPO a r AGENDA REPORT Meeting Date: November 12, 2013 Item Number: W-1 Department: Engineering (City secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: October 29, 2013 Budgeted Amount: N/A Exhibits: 1 Subject Hold a work session to discuss the development of the KCS intermodal facility generally located at the north east corner of Spring Creek and SH 78. Recommendation N/A Discussion Staff has met with representatives of KCS over the last few months to discuss their intent to develop a new inteluiodal facility at their existing rail yard located in Wylie. Phase 1 of the project includes the construction of two strip tracks, a terminal office, maintenance building, container parking, and parking stalls. Future plans include additional strip tracks and associate parking along with future commercial uses along SH 78. KCS has submitted a traffic study showing the total projected daily trips by year 2016 to be 1,287 of which 1,155 are intermodal trucks. A truck count was done in July on SH 78 and it indicated an average weekday count of approximately 500 trucks. KCS is proposing an entrance to the site from SH 78 which is located approximately 1,000' east of the Spring Creek intersection. Staff has forwarded the traffic study and the site plan to TxDOT for their review and comment. Page 1 of 1 KANSAS CITY SOUTHERN KANSAS CITY CITY MAILING ADDRESS: P.O. BOX 219335 • KANSAS CITY, MO 64121-9335 SOUTHERN FOUNDED1887 October 24,2013 Chris Holstead City Engineer City of Wylie 300 Country Club Road Wylie, TX 75098 Ruben Delgado County Engineer Collin County 4690 Community Avenue Suite 200 McKinney, TX 75071 Gentlemen: Thank you for taking time to meet with our Director Track Projects, Lee Peek,and our engineering team from Multatech so they could brief you and your staffs concerning our plans for a new interrnodal facility at our existing rail yard facility in Wylie. I feel the meeting was quite productive and allowed us to share our plans and receive your feedback on issues of interest to Wylie and Collin County. As you know, KCSR has made significant modifications to our original plan to accommodate the important community interests brought to our attention while still designing a new rail facility to meet our customers' needs for a state of the art, world class facility. The three major items of concern that we heard at the meeting were- • Traffic • Lighting • Noise I will address each of these in turn and discuss what we have done to respond to these concerns. Traffic We heard and understand the City and the County's plan for an expansion of Spring Creek Parkway and the new Park Drive extension into a revised thoroughfare plan for the area. This will take Spring Creek Parkway over the KCSR tracks on an overpass and will help move traffic in a north south direction through this area. KCSR fully supports and agrees with this approach to reduction of congestion,as well as the public safety benefits of the grade separation over busy CATHEDRAL SQUARE • 427 WEST 12rH STREET KANSAS CITY. MISSOURI railroad tracks. The City and County engineering groups asked that truck traffic into our facility not use this road. We agree. To accommodate these requests, KCSR has done the following: • At an estimated cost of over$3 million to KCSR, we have moved our entrance to a new roadway on KCSR-owned property off of Highway 78, to the east of Spring Creek Parkway. To accomplish this, KCSR purchased additional property along the west side of Spring Creek Parkway to accommodate a new gate house complex for truck traffic into and out of our facility. We also have planned for deceleration and turn lanes along with a traffic signal on Highway 78 into this new gate complex. Exhibit A, attached,shows this relocation of our entrance to facilitate the City and County's Spring Creek Parkway expansion plans. • We have reviewed the location of our internal roadways and utility locations,and are working on moving these facilities to the east as much as possible to accommodate the plans to bring Spring Creek Parkway up and over the existing KCSR tracks on a grade-separated overpass. We are looking forward to working with your engineer on the site-specific needs to accommodate both our projects. I believe my engineers have already provided to your engineers all our survey data collected in this location for their use in starting their preliminary layouts. • Exhibit B shows most of the trucks serving the facility will be coming from Fort Worth and the southeast Dallas area. Exhibit B is supported by the traffic study we completed and provided to you earlier this year.-The 400 to 500 daily trucks anticipated for the facility will be 70% during daylight hours, between 6:00 a.m. and 6:00 p.m., with the balance occurring during the night. • An added benefit for the public and traffic in the area is that with the movement of intermodal operations to our yard area, we will no longer be required to run those intermodal trains through the City to reach our current intermodal yard. This change will reduce blocked crossings and traffic delays at those crossings by removing 2 trains a day moving through the area, stopping these trains at the Wylie facility instead. This will benefit the public through fewer delays at crossings. Lighting This facility will be a 24/7 operation and will require good lighting for safe nighttime operations. As you can see by the attached Exhibit C, our photo metrics show that the lighting designed for the facility is intended to maintain light within our footprint, to minimize spillover outside our property boundaries. The lighting used will be high mast light towers in the 100'range with downward directed lighting. Noise As shown in Exhibit D the currently-planned intermodal facilities will be located south of the current rail yard and north of the proposed industrial park._ This is intended to give us a buffer from any existing housing or businesses. The activities of the intermodal facility will be mainly truck traffic moving in and out,not the classification and movement of locomotives and cars in a yard switching operation. Those noises and activities are already ongoing and we don't anticipate any significant change in noise to the neighborhood,which is primarily business in nature along Highway 78 already,as compared to today. CATHEDRAL SQUARE . 427 WEST 12TH STREET KANSAS CITY, MISSOURI Pursuant to the City's request,KCSR agrees to not include any permanent asphalt or concrete batch plant as part of the development north of its main line. It will, however, be necessary to have a concrete batch plant temporarily to supply the construction of the intermodal facility. Our willingness to exclude permanent concrete and asphalt batch plants from the property will eliminate those types of noise, traffic and activities from the area. KCSR's Current Plans Eliminate the Need for Rezoning or Platting Our exploration through Multatech of possible future planned development and rezoning was intended to facilitate future development of our property lying between our main line and Highway 78, which is separate from the work we will be doing for the new intermodal facility at our existing rail yard facility in Wylie. Our long term intentions for possible future planned development property lying between our mainline and Highway 78 are for commercial use and, of course, we will want to coordinate with you further as those plans become clearer. At this time,however, our thoughts for that property are not sufficiently developed for us to move = forward with the planned development and preliminary platting for that property. As our thinking for that property evolves and as we start to consider more specific ideas for its development, we will want to coordinate closely with you then. For now,however, our only immediate plan relates to construction of the rail intermodal facilities on our existing rail property north of the KCSR main line. Because our immediate project involves construction of only the rail intermodal facilities on our existing rail property, KCSR will not pursue re-zoning for this new rail facility construction. Federal law preempts local zoning and permitting activities for rail facilities. Therefore, KCSR plans to move forward shortly with construction of the new intermodal rail facility on the portion of our property lying north of our main line,continuing the coordination with you as we have done to date Those railroad facilities will follow the general layout of that planned railroad operation discussed with you and your staff, although we may make changes to that layout as we deem necessary when we finalize those plans. As our plans evolve, we will continue to keep you advised. KCSR agrees that, in constructing the intermodal yard office/gatehouse building, we will follow local building safety codes applicable to all commercial buildings of that general type. We do not anticipate seeking construction permits due to federal preemption of local permitting requirements for rail facilities, however. We look forward to continuing our working relationship and coordination with you and your staff in this matter. I understand that you have requested that KCSR meet with the Wylie City Council and Collin County Commissioners Court in November to brief them on this matter. To enable us to provide you as complete answers as are available about the project,please forward whatever questions you or others may have about the information contained in this letter and the attached materials to me a week in advance of each meeting, if possible. CATHEDRAL SQUARE - 427 WEST 12TH STREET KANSAS CITY, MISSOURI If you have any questions concerning this matter, please feel free to contact me. Again,thank you for your helpfulness and that of your staff in thinking through the planned development issue. Sincerely ,......._ 0,,,V Jeffrey S ger Vice President/Chief Engineer The Kansas City Southern Railway Company cc: Lee Peek,KCSR Jack Otteson, Multatech Mayor, City Council and City Manager of Wylie, Texas Judge, Commissioners and Clerk, Collin County, Texas CATHEDRAL SQUARE _ 427 WEST 12TH STREET KANSAS CITY, MISSOURI ...,,......:....,.....,......„.....,...........,.......:.......:„....„..E.......„....„. „....... ,.:...:,.,,.......,..,.....,..r„..,.......,.,.,.......,......,....,....1...„....,....,........:.........t......„,,„....„...,...,,,,..,...,. ,....,.....,....„..„.................... ,...,.,,.,.,.,..„.,.,...,....... .,....,,„.,.,...,....„ ...„...,....„,........„. .......,...:„. „,..,..,.,...,.,.,..,.. .......,..,,,...........„:H,.,. ..........,.....,,........„.:,..,..,,. ..,,,...,..„...........,..,,............„.-a:.,........,..........,,..,.,,....,.....„.................. .,.,.'.,...,..,.,..'.....'........'-.,..,.,.,,,.,,,r..,.,..,,,.,,..,,.„:....-.„..„„.„.....,..„..-....,'.„,,,-..r,'.-.„.......,....:.,....-.„'.,...,...,.,..-.,.„,..,......„,..,...,,-,,„.,........,„......,.....„.-,..'.........,..:„.......„.....'.....,„....'.-..,.....,,r.."...,.-.,r.,,.,..r..„.....r..-....,...„.;,.-.........„.......-.........,...,............,„,.,.,.,..„.,.....-:.....,,.,..r,....r..„.„..,,....-.........„...,:.....„......„,........,...,.,..:.,-.,....,..,,,.r.,.„,.„„...-.,.„,„,...„,r.,.„,-..,.„,..........,..,,.....„.„.,,..„„.,..,...,,.„..„,,.....,.,,...„...,„„-...„...„..,......,..".......„....,. .......... ............. x,hi , Traffic in...„......to Facility" ...,.....,,.......„...:.,..,...,,...,,,...,..l..,.„.„-.:.,.....„1.,....,,.,.......„.:,,1...,,,.,.„,,.....t,..................„......,....y....,„......'.„:,„r,..,,,.,,...,..„.....„.„......-.....,.......,..,,,,......„...,....,...,,,,.,...,.„.......„„.......,...„......,........,.,'..,....'.„..:..,'.,.....,,..,r-,.„.,..„..,„.„-.,..„,.,....„.......,.,„..,..,-..„..„.....,..-,,..,...,...,,..-..,...r.....-...'..,.....,.....-..,.., ....-..„.. .... . .,... .„..... . ... . ... . ..... .„...., „.... . ...... .... . .... ... . ... ... . ,.. , ... :..., .. ... . ., .... . .. ... .. ..,,.....„....,..,..,.:...........,,..,....,,.,...„....:.,........„,:,,,,,,,...„„,....................:..,..„..............,..,:::.....,,.:....H......,„,............:...,,.,................:„...........,..,..,..,....„.,.....,....,...,.....,:„............:.,...,....,...,...„..:..„,..:,......:.:„......„,...,..,....,... 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Wt' ' :' ,n ro oN «, P'., RAILWAY' r SPA Y��, v.•",;SIX KANSAS CITY SOUTHERN PARTICIPANTS CITYP SOUTHERN \'itare.�j Warren K. Erdman Executive Vice President Administration & Corporate Affairs Jeff Songer Vice President & Chief Engineer Lee Peek Director, Track Projects 2 ...ram m.�,- w ti ...� �� : 4 ,, oundv gy ir 7, KCSis a 2 ¢ year 0td growth story �` gQ track miles cr�an �,1 { �� ... ss network in and out of Pex �� portsand 1 S�ice to 12 Gulf r * Pacific Ocean port � , ',.." 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Otteson, P. E. Vice President Leo L. Craig, III Vice President Project Manager 5 WHAT IS AN INTERMODAL FACILITY ? Shipping Container Transfer Facility Rail d7 Truck < > Ship .„.. ........ .. . . „ ... ... . .. . . . . , , :. : :: .. . ...: ., . . ....:.... ...,. ...,. .. .. : .... . . . . . . .. . . . . . .. . . .. . . . . . . . . .. . . . . ..:.... :....... ... . . .. .. . . .. .. .. . . . . . . ...: . . . .. . . . . . . . . . ..... . . . . . .. . , . .. . . . . . . .. . . . ... . . . . .. . . . .. . . . . . . . . . ... . .. . . . „ : . . . . . .. . .INTERMODAL. . . .. . . . . :::..": .....„.. ... .... . . .. . : . ... : :: .. . . . . .. . . .... .. , . .. . ., . . : . . :: :: : :: . 55 . . . .. .. . . . .. .. . .. .. ....... : .. . .:„MILLION. .. ... .. . PROJECTED... . ." ..: : .: : : :: " : : . : . . ... . . . .. . .. : .: . .....: .... ..... .. . . .... .... ,. .. . . . .. . .„.... . . .. ..„. . „ . ... .C . .. . . . . . . ... .. .... .. ....,. .. .. .. . : ....... .. .. .. " , . :. .... .., ... ... O S.. . ..... .H .. . .. . . . .. ,. .. . " .... . . .... : : . . . . .. . ... ... ... . ,. ....... . . . . . . . . . . . .. ... . . .. . . . . . . .. . .. . . , .., . . . . ,. . . . , . .„ .. . .. . .. . .. .. . . .. .. . . . . .. ..... . ... . . . . . .. . . ... .. .. . . .. .. . .. . . . . .. . . ... . . . .. . .. . . . . . . .. . .. . . . . . . .. . . . . . . ... . . . . . . . ...... . . ... . . .. .. . .,. ... .. .. :. ..... . ... . .„. ... .. ... ... .. :. .: „ ...... . . , : : . .: : : : . . . . . . ..... .. . ....., „ . . . . . . . . „ . .... .... . . . . .. : .....:: ::„ .,....: ............. . ..... .... ........... . ....... „...: ... ..... . . .: .. .. . .. . ,.. ... .. . ... . . „ ... .,. . , .. . .. .. ,,. .„ .. . . „ .... ,,.. ...... ... .. ........ . " .. . . . .... ..... . . . : .... . . . Existing Receiving and Departure Tracks .ji PHASE I CONSTRUCTION ,-,--- __ A-CIVIL PACKAGE ----°- B-IMF TRACKS 3&4 C-GATEHOUSE COMPLEX Existing Class Yard PHASE 2 CONSTRUCTION ziamaz2 ADDITIONAL PARKING --- -" " PHASE 3 CONSTRUCTION " 4 y �$r' z y r„t `1 j if � { ,>r, a i! Existing KC.�! -.._.._' IMF TRACKS I&. ,.�'" .t� As h IA'r" i34+*l `l� it#ssss s ' yet r t{t , t r r 4,. S GV10) 1, `ty*iyy' . sxs ss}us ss s.its£04silt tN��j�li ,1i' Y i a lit off{ tt Mainline --"� ; $Jl {J1 i .c^'c W ,f t } f '4,, 4 SS S F l ,-i i f"I i {i t i6 t wf;,;q.s ti p awdt s'Izt t ; s f i d t;sso,, a s k c: ,r st.. t c .' ,,, ti 4Mi Spring Creek Parkway { Phase 1B— IMF Tracks 3 &4 AV Phase 1C +,. `"4O Future Industrial Park Phase 3— IMF Tracks 1 & 2 Gatehouse Complex -- .mot • Hwy 78 7 I SS U ES • Traffic • Lighting • Noise -. - — — - --- --.--."— • •— -- - - - "....."-- --- -:. -e--- -- - - ----n- - -------- ........ .. ,.... .....,.._.. ....„. ._ .................. ....._ . ... _ ....... .....„.„..„...__.... _. .._. . . . _ . . ............................... ...... ......... ..... .. ..... ............................ ............... ....................,....................... .......... .................. .................... ......... .. ....... .. ..................... ........... .................. ............ ................ ........................................... ........,......,.....,..,,......,..........,....,..... .......,...........................,......,...........,...,....,.. ................,....,.........,...........,....................„......,...,...............„„.„...,. .„......,..,.............................................,...,................................................................,...................„............................... ..................... ..................................................... ........................,................,..,.........,....,......... ..... ......................................,...............................,........................... ......................,...........,.............................„.,....................................,..,...... ..............„......,....,...........,. New entrance for IMF and Industrial Park IN Purchased three parcels to allow separate entrance to IMF and Industrial Park ■ Signalized intersection with acceleration/deceleration lanes Existing Receiving ■ Increased cost of > $3M to KCS and Departure Tracks PHASE I CONSTRUCTION A-CIVIL PACKAGE r - 8-IMF TRACKS 3&4 MOW C-GATEHOUSE COMPLEX Existing Class Yard .\\., PHASE 2 CONSTRUCTION f V""�ffi'tb ADDITIONAL PARKING t t 4 1 4 if f tf l i�4 #� 4 .V tJ F} }� } {1: PHASE 3CONSTRUCTION # ExistingKCS ..--- IMF TRACKS I& < 'y ` � � tt 4,' 'j si `A 4 tt 9t i} + `" ,� �t�, ,' tii t S y f ,tlr O ;t rO t I F t 's �a „� Mainline 1 tl i t+� No Et r {t st 4+ .t rt l i�tt t t i t ., * ;fit r st��t ttt �i I} t t tjd 3�;z7 }�I t M t 3 ... t t r" t :� '^ y ti r ,>: .....z, .r, ,... ...,. mom. dx `° / P , ✓ PhaselB— IMFTracks3 &4 Spring Creek Parkway Phase 1C • Future Industrial Park Phase 3— IMF Tracks 1 & 2 y Gatehouse ,,/I Complex -.``_———. . _ ,. 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'" .3�.h 30 ''N• up 9'" tk u a t• tI�IC'°, II„� m Lk kt $ I• Y1, d:l YV r,{ V I' _ a:r PLAN SPRING CREEK PARK WAY IMPROVEMENTS X, „ ft ft' 'i`F, ■ z dUtilities M Ve fn WI„i: in U t'I Y..rxa d I q N t> 9'fd'I' Allowed piers in KCS ROW F. X;` f r ,gym € �rc r". a:. t d.' M sY Truck Traffic Origination • Fort Worth • SE Dallas �� n� Truck Traffic Routes ... . ,r`PP-r, � Carrollton '.,, ■ PRIMARY - Hwy 78 to 190 R „.v:x:� „a:„ ,,,,„ { • SECONDARY - Hwy 205 East ..{ p,s toward Rockwall , ,`` sr �. 4 i' a p5 . Irvi tick , A."e".`Y n. *' {�yM'" $ .. rt'k "�+f`^a�y�U+3tkdm. a4. t :' i„ , CrAn t Praarsa it; ' "'"s y .. &* SY..S .rangtf.F 14 a. y' $ ay 4k Lx"sa? '1;..4.Lry, . 4 A v� { .. .. l z"S iA YP irLY"y,0 , w� {e*40,,mx ,14,,,twrflt4nxaw . wi ass ._ , £ ��vt,A,?ytd Yr«d'3YY F.:r Y£A.:v"rme Existing KCS Intermodal Facility New KCS Intermodal Facility Setif NTCOG .40,,,. To/From Intermodal Facility 1. 11 T ,,,,,,,,,..r4 4-7,..._ :„,.. 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Phase 3 IMF Tracks 1 & 2 Gatehouse,//Entrance I. i2 N i- NOISE , , , NOISE MITIGATION , , , , ,, , " ', itst , , , , ,„, ,„ , , , „ ,„,,,,, ,,, ,, , ,, No significant increase to existing noise levels expected „ „ „„„ ■ New IMF not a classification yard • Buffer Zones • Existing yard/open area ,,r9o,:::r, :., Industrial ark ' Am „.;mmp' „A,,'„°°a� 'q r ...,y„ y",,,, s R , ° g,'>«3°S� +, r ,<:,,,,,A;, "„!„,, , ,r '�,,,"k„"' %,,,'„,' '�'H"AY. �,��yriy �A ���Y�w,N;:"�Wdra�'!e �v' J .,. ,e „'q tZ4t AA, w"'4Aa , }% , `t., „'°,',r����""""� ;p a ,.,R y„ ,`"rFrt�'$4'�,/r' "'m;`„�, .r rh�'W� d»' ,- a ,Yk r..'N m ' ,S,s 4Gw'": ''• r , ° "a "� f S�� , ''° t> '1 1 rr ti r b V, do Y", , ;,p„"l;'m�"'t 3c`.r ,,,, � �mW � „~ ";"Sy Y e,iiisRe' 44 „ ''`,,$,e f* '„t";. „z ,pc"_ yrv"' a' "..; ra � '4 fi s J A''` a r"" n.{,� '` 18)30° AC ss°„ .>u't '"e,i"� t ' i = • ..e.. .. „� <nm N'a'°. .'i,, • „,$,$$1r "11 0,1 Wr,r, >y„o, ,r= "^-,.' ,' •<rrFt$, 2Ffrri z � ,�;. 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"t. � t >��. t"r ,a .' p�.• p r„' 7 •`;•' ,,,04 ;' �; 'Y`` >'d14 '"kn' o s'r, t' r,,i rrt' ,ry..° r,°,':r,�z'"°., c: ut ,,?{;lrol" Fo� Is Lit 'W a� ;;e. ,T, ,b''t '"P, <y , "�' � "z°a' AW 4. ' 4 :44• T r 'IMW,.1 au .tr,4 A" n fFav>ri t °Gz-",.. r . • t";" s 7'„ � , r, °a ,' W�� �R. r $ PHASE 9 CONSTRUCTION is K. -....,, ! A-CIVIL PACKAGE _--- S-IMFTRACKS3&4 \ C-GATE"oUSE COMPLEX Class Yard PHASE 2 CONSTRUCTION t E ,t ADDITIONAL PARKING —"' � yy J £J £ 3 }} t S { t t' �) i { t } } } PHASE 3 CONSTRUCTIONRIi t £tlrt ri`i>�}� tti£t tt £ 'kt£sits££ ss t£' t(1' y` �£" � ' s .'t {r . ..,_...... IMF TRACKS I&2 #s s£j�, 5',l�s+ £ f"Yrt t.£S yt�.• 't .�£r�£ t £ t i £ t y£ £ t} t £171US£ ,tt F£S, P#7"'., J,,,„t,'t C,,,,,t x?1 a e`3 £ ,££ { t£ t£ x�t£ 1� £ £, t y£ c },£t(t £ J} t .d £ f Y t, }je ti£r ` £ Existing KCS Mainline ppp�' sissy£ f Y l;at,�w�;'rc�;:3f I S s4 t£ � ..}t I� S }{ s� t tw �,I 2�:� t,?£ ?�£,✓� �„� t£ 7 , Spring Creek Parkway " Phase 1B—IMF Tracks 3 &4 Future industrial-Park _ ` Phase 3—IMF Tracks 1 & 2 Phase 1C p.M .. Gatehouse Complex = Hwy 78 1st QUARTER 2014 -� '3 "d QUARTER 2015 Phase f Package Start / Complete • - Civil ' . .+ 2Q 2015 ■ 1B - IMFTracks3 & 4 1Q2.Q15 2Q 2015 ■ 1C - Gatehouse Complex 4Q 2014 3(1201.5. '2 Additional Parking FUTURE •' 3'- IMF Tracks 1 & 2 FUTURE S AR KCS Wylie intermodal Facility • Container Transfer Facility issues ■ Traffic — New entrance ■ Light — Directional lighting ■ Noise - Buffer Zones/No significant change Schedule ■` Phase I. construction complete: 3Q 2015 Wylie City Council ar AGENDA REPORT Meeting Date: November 12th, 2013 Item Number: W-2 Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: October 18th Budgeted Amount: Exhibits: Proposed salary structures Subject Salary survey and compensation results and recommendations. Recommendation Provide feedback on the compensation recommendation. Discussion Waters consulting will present salary survey methodology and results. The presentation will include a proposed salary structure for each position,based on the market. We will propose our plan to transition all employees into the new structure. Page 1 of 1