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01-22-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, January 22, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 Action Taken CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS 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 FROM THE REGULAR MEETING OF JANUARY 8,2002. B. CONSIDER AND ACT UPON A PRELIMINARY PLAT FOR THE LGD PROPERTIES TOWNHOUSES, BEING A CERTAIN 1.2388 ACRE TRACT OF LAND SITUATED IN THE S.B. SHELBY SURVEY, ABSTRACT No. 820, AND BEING A PART OF BLOCK 3 OF THE UNRECORDED RUSSELL ADDITION,AND BEING A PART OF LOT 39,BLOCK 8,BROWN AND BURNS ADDITION TO THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 1, PAGES 110-112 OF THE MAP RECORDS OF COLLIN COUNTY, TEXAS, AND BEING A TRACT OF LAND CONVEYED TO MARION M. MCDONALD BY DEED RECORDED IN VOLUME 205, PAGE 653, AND BEING A TRACT OF LAND CONVEYED TO D&M CHECK CASHING BY DEED RECORDED IN COUNTY CLERK'S FILE No. 95-0008356 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS. C. CONSIDER AND ACT UPON APPROVAL OF AN ORDINANCE ADOPTING NEW WATER, SEWER, THOROUGHFARE AND STORM DRAINAGE DESIGN MANUALS AND DETAILS. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION BOARD APPOINTMENTS 1. CONSIDER AND ACT UPON APPOINTING A REPLACEMENT TO THE PARK AND RECREATION BOARD AND TO THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION BOARD(4B BOARD)FOR ONE UNEXPIRED TERM ON EACH BOARD ENDING IN JULY 2003; AND APPOINTING A REPLACEMENT TO THE ZONING BOARD OF ADJUSTMENTS FOR ONE UNEXPIRED TERM ENDING JULY OF 2002. EXECUTIVE SUMMARY Replacements are necessary for three positions on our city advisory boards. A resignation has created a vacancy on the Parks and Recreation Board. This member also served as a Parks representative on the Parks and Recreation Development Corporation Board(4B),therefore an appointment must be made to fill the vacancy on this board as well. Also,a vacancy has been created on the Board of Adjustments due to a member who has been absent for the last three meetings. APPROVAL OF ORDINANCES 2. CONSIDER AND ACT UPON AN ORDINANCE ADOPTING A NEW CROSS-CONNECTION PREVENTION AND CONTROL PROGRAM, REPEALING ORDINANCE NUMBER 99-34 AND REPEALING ALL CONFLICTING ORDINANCES. EXECUTIVE SUMMARY—Item No.2 An ordinance adopted on November 9, 1999 established the City's cross connection program,as required by the TNRCC in compliance with state law. The 1999 ordinance required installation of vacuum breakers or a Reduced Pressure Principle device to protect water supply contamination from residential lawn sprinklers,which has proven to be problematic.Previously,double-check assemblies were allowed. Consultants,Backflow Management,Inc,included the change in backflow devices in the 1999 ordinance, anticipating that the TNRCC would disallow the use of double-check assemblies for residential lawn sprinklers, however, the TNRCC has no plans to disallow this use. The proposed ordinance also addresses adequate protection of fire sprinkler systems, upgrading the requirement for backflow protection of fire sprinkler systems to help ensure that the contaminated water contained within the lines does not contaminate the drinking water supply. PLANNING ITEMS—Public Hearings 3. HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE IN ZONING ON TRACT A FROM SINGLE-FAMILY (SF-3 AND SF-8.5/17) AND BUSINESS-2 (B-2) TO MULTI-FAMILY (MF)AND TRACT B FROM MULTI-FAMILY(MF)TO SINGLE-FAMILY(SF 8.5/17),TRACT A, BEING APPROXIMATELY 8.175 ACRES AND TRACT B BEING APPROXIMATELY 5.969 ACRES SITUATED IN THE D.W. WILLIAMS SURVEY, ABSTRACT No. 980 AND THE ALLEN ATTERBURY SURVEY,ABSTRACT No. 23,CITY OF WYLIE,COLLIN COUNTY,TEXAS,BEING A PORTION OF A TRACT OF LAND CONVEYED TO JCM PROPERTIES, ACCORDING TO THE DEED RECORDED IN VOLUME 2223, PAGE 874, AND PART OF TWO TRACTS OF LAND CONVEYED TO JCM PARTNERS, L.P., ACCORDING TO THE DEED RECORDED IN COUNTY CLERK FILE NUMBER 96-0045039,AND PART OF A TRACT OF LAND CONVEYED TO VERNA M. POOR AND MICHAEL R. POOR ACCORDING TO THE DEED RECORDED IN VOLUME 4409, PAGE 2100 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS. (ZONING CASE No. 2001- 16) EXECUTIVE SUMMARY Applicant is requesting rezoning of the subject tracts currently zoned Multi-family, Business and Single-Family in order to relocate the Multi-family and eliminate the Business uses. Recently adopted revisions to the Zoning Ordinance and Map, changed the subject Business-2 District to Neighborhood Services and the Single Family-3 to Single Family-8.5/17. The subject Multi-family remained MF. Application for rezoning submitted for review prior to the adoption of the November revisions. Proposed rezoning will eliminate the commercial zoning district and relocate the Multi-family zoning to the frontage along Elm Road and expand the MF from 8.23 acres to 10.44 acres. The remainder of the property will remain zoned SF- 8.5/17. Public Comment Forms were mailed to four (4) property owners within 200 feet of this request. Two Comment Forms FAVORING and one OPPOSED to the proposal. At the January 15, 2002 Planning and Zoning meeting, the Commission voted 4-1 to recommend approval of this zoning case. Staff also recommends approval. 4. HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE IN ZONING FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD- SF-10/19), BEING A CERTAIN 68.11 ACRE TRACT OF LAND SITUATED IN THE GUADALUPE DE Los SANTOS SURVEY. ABSTRACT No. 1384,AND BEING PARTS OF LOTS No. 1 AND 2 OF THE PARTITION OF THE ESTATE OF JOSIAH STONE AMONG HIS CHILDREN,AND BEING PART OF A 154.31 ACRE TRACT AND A 1.01 ACRE TRACT CONVEYED TO B.B. OWEN AND H.A.WALKER BY DEED DATED JULY 30,1960, AND FILED FOR RECORD AUGUST 5, 1960, IN THE DEED RECORDS OF DALLAS COUNTY, TEXAS.(ZONING CASE No.2001-17) EXECUTIVE SUMMARY Applicant is requesting initial zoning of the subject property from Agricultural (A) District to Planned Development (PD) for Single-Family (SF-10/19) residences and open space. This property was annexed into the City of Wylie by Council action on January 8, 2002. Property totals 68.11 and proposal is to develop approximately 155 single-family residential lots and approximately 9.4 acres of public open space, reflecting a density of 2.27 dwelling units per acre. The Conditions of Development require that the requirements of the SF-10/19 District be followed with limited exceptions. PAGE 2 OF 3 EXECUTIVE SUMMARY—Item No.4-continued Public Comment Forms were mailed to four (4) property owners within 200 feet of this request. One AGAINST. However, additional neighboring property owners, most of whom are located within unincorporated Dallas County, have expressed opposition to the proposal. Because written opposition has been expressed by twenty percent of the property owners within the 200 foot notification area, a three-fourths majority vote by Council is required for approval (Section 9.6.E.5.). At the January 15, 2002 Planning and Zoning meeting, the Commission voted 5-0 to recommend denial of this zoning case, because it does not comply with the Comprehensive Plan. Because the Commission has recommended denial, a three- fourths majority vote by the Council shall be required for approval (Section 9.6.E.2.). Please refer to your agenda communication for specific details on the proposed request. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION 13-D. EXECUTIVE SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Law), SS 551.074 Personnel Matters; to deliberate the evaluation of the City Manager; and Section 551.071 consultation with Attorney regarding pending or contemplated litigation,Lanny Payne vs. City of Wylie. RECONVENE INTO OPEN MEETING Take any action as a result of Executive Session. ADJOURNMENT. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, the sections of the act authorizing the closed session will be identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 18th day of January 2002 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at ww .ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. PAGE 3 OF 3 WYLIE CITY COUNCIL AGENDA ITEM NO. 1 February 12, 2002 Issue Consider and act upon appointing a replacement to the Park and Recreation Board and to the Wylie Park and Recreation Facilities Development Corporation Board(4B Board)for one unexpired term on each Board ending in July 2003; and appointing a replacement to the Zoning Board of Adjustments for one unexpired term ending July of 2002. Background This item was tabled at the January 22, 2002 regular meeting. Jules Farmer was appointed to Park and Recreation Board in July 2001 and to the 4B Board in August 2001. He has a work-related schedule conflict and has resigned his board positions on both Boards. The term for the Park Board expires in July 2003. The term for the 4B Board expires in July 2003. Jeff McCoy was appointed to the Zoning Board of Adjustment in July of 1998 and reappointed in July of 2000. Mr. McCoy had failed to attend called Board meetings in October,November and December of 2001. Board packets were undeliverable to the last know address and all attempts to contact Mr.McCoy have been unsuccessful. Financial Considerations N/A Other Considerations Article VIII, Section 2 of the City Charter sets the qualifications for members of the Park and Recreation Board. Members of the Park and Recreation Board must be qualified voters and work in an advisory capacity to the city council in the planning and development of parks and recreation facilities and regulations governing their use. Members of the board are appointed for two (2)year terms. Article I, Section 78 authorizes the city council to appoint a successor for a vacancy of an unexpired term. Article II, Section 1 of the Bylaws of the 4B Board set the qualifications for members of the Board. Members must be residents of the City, and at least one member must be appointed from the Park and Recreation Board. Members of the 4B board are appointed for two (2)year terms. Article VIII, Section 2D of the City Charter sets the qualifications for members of the Zoning Board of Adjustment and Appeals. The board consists of five (5) members and two (2) alternates who shall be qualified voters of the city and serve two (2)year terms as appointed. Article VIII, Section 3F of the City Charter provides that if any member is absent from three (3) consecutive meetings, his position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the City Council within thirty (30) days after the vacancy occurs. Board/Commission Recommendations N/A Staff Recommendations Applications are attached. Attachments Resignation Letter—Mr. Jules Farmer Board Applications Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 2 January 22, 2002 Issue Consider and act upon an Ordinance adopting a new cross-connection prevention and control program, repealing Ordinance number 99-34 and repealing all conflicting ordinances. Background An ordinance was adopted on November 9, 1999 that established the City's cross connection program. The ordinance and the program were both required by the TNRCC in order to comply with state law. When the ordinance was adopted in 1999, it required the installation of vacuum breakers or a Reduced Pressure Principle device to protect the water supply from possible contamination from residential lawn sprinklers which has proven to be problematic. Previous to the adoption of the ordinance, double-check assemblies were allowed to be installed to protect the water supply from residential lawn sprinkler installations. The consultant who wrote the ordinance, Backflow Management Inc. (BMI), included the change in backflow devices because they thought the TNRCC would soon disallow the use of double-check assemblies for residential lawn sprinklers. However, the TNRCC has no plans to disallow the use of double-check assembly devices for residential lawn sprinkler systems. Because a vacuum breaker must be installed at least twelve inches above the highest head, the device is subject to freezing and breaking when freezing temperatures are encountered. In order to protect the vacuum breaker, staff began requiring heat tape or a hot box to be installed with the vacuum breaker. The cost of a hot box is approximately$150.00 per box. The cost to install heat tape involves running a new electrical circuit to provide power for the heat tape. The cost for the new electrical outlet and circuit can be somewhat costly as well. The vacuum breakers are also very unattractive in appearance. The preferred double-check assemblies can be installed underneath the ground. The temperature of the ground keeps the device from freezing under most conditions. Since the device will not be as susceptible to freezing conditions, no additional costs are required to install a hot box or electrical circuit for the heat tape. And, since the device is installed in the ground, it is less obtrusive to the aesthetics of the neighborhood. Another issue is adequate protection of fire sprinkler systems. Fire sprinkler systems contain stagnant water that is also full of rust and pipe thread oils. The new ordinance upgrades the requirement for backflow protection of fire sprinkler systems to help ensure that the contaminated water contained in the lines does not contaminate the drinking water supply. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of the proposed ordinance adopting new cross-connection prevention and control regulations. Attachments Ordinance. Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 3 January 22, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning on Tract A from Single-Family (SF-3 and SF-8.5/17) and Business-2 (B-2) to Multi-Family (MF) and Tract B from Multi-Family (MF) to Single-Family (SF 8.5/17), Tract A, being approximately 8.175 acres and Tract B being approximately 5.969 acres, situated in the D.W. Williams Survey, Abstract No. 980 and the Allen Atterbury Survey,Abstract No.23, City of Wylie, Collin County, Texas,being a portion of a tract of land conveyed to JCM Properties, according to the deed recorded in Volume 2223, Page 874, and part of two tracts of land conveyed to JCM Partners,L.P., according to the deed recorded in County Clerk File Number 96-0045039, and part of a tract of land conveyed to Verna M. Poor and Michael R. Poor according to the deed recorded in Volume 4409, Page 2100 of the Deed Records of Collin County, Texas. (Zoning Case No. 2001-16) Background The applicant is requesting rezoning of the subject tracts currently zoned Multi-family,Business and Single-Family in order to relocate the Multi-family and eliminate the Business uses. The eastern half of the subject property was annexed into the City of Wylie on November 12, 1985. The Single-Family area and approximately 3.38 acres of Business-2 fronting Elm Road were rezoned in 1985, and approximately 8.23 acres immediately north of this B-2 were rezoned Multi-family in 1987. The remainder of this tract was zoned Single-Family(SF-3). The western half of the property was annexed into the City of Wylie on July 24, 2001, and rezoned to Single Family-8.5/17 on September 25, 2001. All of the subject properties remain unplatted and undeveloped. In November of 2001, the City Council adopted revisions to the Zoning Ordinance and Map, changing the subject Business-2 District to Neighborhood Services and the Single Family-3 to Single Family-8.5/17. The subject Multi-family remained MF. This application for rezoning was submitted for review prior to the adoption of the November revisions. The proposed rezoning will eliminate the commercial zoning district and relocate the Multi-family zoning to the frontage along Elm Road and expand the MF from 8.23 acres to 10.44 acres. The remainder of the property will remain zoned SF-8.5/17. Public Comment Forms were mailed to four(4)property owners within 200 feet of this request. Two Comment Forms had been returned at the time of posting, one FAVORING the proposal and one OPPOSED to the proposal. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends that the subject property be developed as Country Residential. The Plan defines Country Residential as lots of one acre or larger, not exceeding a density of 0.75 dwelling units per acre. The proposed rezoning does not comply with this recommendation of the Plan. 2. However, the property has been zoned to allow Multi-family Residential and detached Single Family Residential(SF-3)for a number of years. In November of 2001,the Multi-family uses and the Single Family-8.5 Residential were reconfirmed by the Council with the adoption of the revised Zoning Map. The proposed rezoning does generally comply with the intent of these recent revisions. 3. The Comprehensive Plan and Thoroughfare Plan recommend that Elm Road become a six-lane parkway with divided median as part of a new Lakeshore Drive loop system to connect the downtown core with lake-oriented developments. The higher densities of Multi-family and the SF-8.5 Districts are more compatible with this major traffic corridor than is the rural roadway envisioned to accommodate the Country Residential classification of the Comprehensive Plan. Board/Commission Recommendation At the January 15, 2002 Planning and Zoning meeting, the Commission voted 4-1 to recommend approval of this zoning case. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Location Map Notification List and Map, with responses Ordinance Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NUMBER 2001-16, TO MULTI-FAMILY (MF) DISTRICT CLASSIFICATION, AND SINGLE-FAMILY (SF-8.5/17) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of Multi-family(MF)District Classification, and Single-Family (SF-8.5/17)District Classification, said property being described in Exhibit"A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof,by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2002. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Legal Description ZC #2001-16 Tract A—Multi-Family (MF) BEING a tract of land situated in the D.W. Williams Survey, Abstract No. 980 and the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas, the subject tract being a portion of a tract of land conveyed to JCM Properties, according to the deed recorded in Volume 2223, Page 874 of the Deed Records of Collin County, Texas (DRCCT), and part of two tracts of land conveyed to JCM Partners, L.P. according to the deed recorded in County Clerk File Number 96-0045039 (DRCCT), and part of a tract of land conveyed to Verna M. Poor and Michael R. Poor according to the deed recorded in Volume 4409, Page 2100 of the deed records of Collin County, Texas (DRCCT), the subject tract being more particularly described as follows: Commencing at the southwest corner of said JCM Partners,L.P. tract and at the southeast corner of a tract of land conveyed to Verna M. Poor and Michael R. Poor according to the deed recorded in Volume 4409, Page 2100 (DRCCT), said corner being in the approximate centerline of Elm Road (County Road 381), a PK nail set at corner, from which a 3/8"iron pin found bears S 89°35'12"W,a distance of 1,120.80 feet; THENCE, N 65°47'50" W, a distance of 338.46 feet to the Place of Beginning; THENCE, N 00°06'42" W, a distance of 338.46 feet to a point for corner; THENCE, N 89°53'18" E, a distance of 125.58 feet to a point for corner; THENCE, a tangent curve to the left having a central angle of 00°31'18", a radius of 945.00 feet, an arc length of 8.60 feet with a chord bearing of N 89°37'39" E, 8.60 feet to a point for corner; THENCE, S 00°09'24" W, a distance of 92.88 feet to a point for corner; THENCE, S 89°50'36" E, a distance of 597.79 feet to a point for corner; THENCE, N 00°09'24" E, a distance of 316.73 feet to a point for corner; THENCE, a non-tangent curve to the left having a central angle of 00°25'32", a radius of 945.00 feet, an arc length of 7.02 feet with a chord bearing ofN 49°40'33"E, 7.02 feet to a point for corner; THENCE, a tangent curve to the right having a central angle of 36°57'24", a radius of 275.00 feet, an arc length of 177.38 feet with a chord bearing of N 89°37'39" E, 174.32 feet to a point for corner; THENCE, a tangent curve to the left having a central angle of 13°50'21", a radius of 280.00 feet, an arc length of 67.63 feet with a chord bearing of N 79°30'O1" E, 67.47 feet to a point for corner; THENCE, a non-tangent curve to the left having a central angle of 04°33'42", a radius of 761.21 feet, an arc length of 60.61 feet with a chord bearing of S 27°19'20" E, 60.59 feet to a point for corner; THENCE, a tangent curve to the right having a central angle of 38°46'26", a radius of 225.00 feet, an arc length of 152.26 feet with a chord bearing of S 00°12'58"E, 149.38 feet to a point for corner; THENCE, S 09°10'15" W, a distance of 405.27 feet to a point for corner; THENCE, a tangent curve to the left having a central angle of 07°30'02", a radius of 275.00 feet, an arc length of 36.00 feet with a chord bearing of S 05°25'14" W, 35.97 feet to a point for corner; THENCE, S 01°40'13"W, a distance of 20.00 feet to a point for corner, from a PK nail found which bears S 68°11'23" E, a distance of 174.26 feet; THENCE, N 88°19'47" W, a distance of 217.23 feet to a point for corner; THENCE, N 89°16'31" W, a distance of 601.10 feet to a point for corner; THENCE, S 89°47'43" W, a distance of 132.71 feet to the Place of Beginning and containing 356,103 square feet or 8.175 acres of land. Tract B— Single Family-8.5 (SF-8.5/17) BEING a tract of land situated in the D.W. Williams Survey, Abstract No. 980 and the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas, the subject tract being a portion of a tract of land conveyed to JCM Partners, L.P. according to the deed recorded in County Clerk File Number 96-0045039 (DRCCT), the subject tract being more particularly described as follows: Commencing at the southwest corner of said JCM Partners,L.P. tract and at the southeast corner of a tract of land conveyed to Verna M. Poor and Michael R. Poor according to the deed recorded in Volume 4409, Page 2100 (DRCCT), said corner being in the approximate centerline of Elm Road (County Road 381), a PK nail set at corner,from which a 3/8"iron pin found bears S 89°3 5'12"W,a distance of 1,120.80 feet; THENCE, N 00°09'24" W, a distance of 398.28 feet to the Place of Beginning; THENCE, N 00°09'24" E, a distance of 507.12 feet to a point for corner; THENCE, S 89°50'36" E, a distance of 597.79 feet to a point for corner; THENCE, S 00°09'24"W, a distance of 283.27 feet to a point for corner from a PK nail found which bears S 30°46'58" E, a distance of 743.99 feet; THENCE a non-tangent curve to the right having a central angle of 39°28'42", a radius of 945.00 feet, an arc length of 651.13 feet with a chord bearing of S 69°37'40"W, 638.32 feet to the Place of Beginning and containing 260,017 square feet, or 5.969 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. 4 January 22, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agricultural(A)to Planned Development(PD - SF-10/19), being a certain 68.11 acre tract of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, and being parts of Lots No. 1 and 2 of the partition of the estate of Josiah Stone among his children, and being part of a 154.31 acre tract and a 1.01 acre tract conveyed to B.B. Owen and H.A.Walker by deed dated July 30, 1960, and filed for record August 5, 1960, in the Deed Records of Dallas County, Texas. (Zoning Case No. 2001-17) Background The applicant is requesting initial zoning of the subject property from Agricultural (A) District to Planned Development(PD)for Single-Family(SF-10/19)residences and open space. This property was annexed into the City of Wylie by Council action on January 8, 2002. The subject property totals 68.11 acres in size. The proposal is to develop approximately 155 single- family residential lots and approximately 9.4 acres of public open space, reflecting a density of 2.27 dwelling units per acre. The Conditions of Development require that the requirements of the SF- 10/19 District be followed with limited exceptions. Public Comment Forms were mailed to four(4)property owners within 200 feet of this request. One written comment AGAINST the proposal had been returned at the time of posting. However, additional neighboring property owners, most of whom are located within unincorporated Dallas County, have expressed opposition to the proposal. Because written opposition has been expressed by twenty percent of the property owners within the 200 foot notification area, a three-fourths majority vote by Council is required for approval (Section 9.6.E.5.). Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends that the subject property be developed as Country Residential. The Plan defines Country Residential as lots of one acre or larger, not exceeding a density of 0.75 dwelling units per acre. The proposed rezoning does not comply with this recommendation of the Plan. Suburban Residential densities, allowing lots ofbetween 10,000 and 30,000 square feet, such as proposed by this rezoning, are recommended by the Plan further to the west of the subject property. 2. The area within the County directly across Pleasant Valley Road is sparsely developed in large lots (5+ acres) with a rural character and infrastructure, such as is recommended by the Comprehensive Plan. 3. A new regional waste water treatment facility is proposed to adjoin this property on the southwest. 4. Major electric power and water utility easements dissect the property. It is proposed to utilize these corridors to create a parkway through the neighborhood with parks and trails connecting Pleasant Valley Road to properties to the west. 5. The Conditions of the PD require compliance with the requirements of the Single Family-10/19 District, with the following exceptions: Main Structures— • Front yard setbacks will remain the required 25 feet except to allow an unenclosed covered porch to project into the front yard for a distance not to exceed 10 feet. • Side yard of Corner Lots will be 25 feet on key lots and a side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. • Rear yard will be a minimum of 25 feet except that an attached garage that is accessed from an alley shall have a minimum rear yard of 20 feet. Accessory Structures— • Front yard — behind the rear building line of the main structure unless the accessory building is a detached garage that is accessed from the street. In this case, the minimum setback will be 25 feet. • Rear yard— 10 feet, except when it is a detached garage accessed from the alley in which case the minimum rear yard will be 20 feet. • Accessory structures on corner lots will meet the same requirements as the main structure of 25 feet on key lots and 15 feet on all other lots adjacent to a side street. Board/Commission Recommendation At the January 15, 2002 Planning and Zoning meeting, the Commission voted 5-0 to recommend denial of this zoning case, because it does not comply with the Comprehensive Plan. Because the Commission has recommended denial, a three-fourths majority vote by the Council shall be required for approval (Section 9.6.E.2.). Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Location Map Notification List and Map, with responses Ordinance with Exhibit "A" —Legal Description, Exhibit "B" - Conditions for Planned Development, and Exhibit "C" — Site Plan Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NUMBER 2001-17, TO PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of Planned Development (PD) District Classification, said property being described in Exhibit "A", Exhibit"B" and Exhibit"C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof,by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2002. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Legal Description ZC #2001-17 Being a tract of land located on Pleasant Valley Road in Dallas County, Texas out of the Guadalupe De Los Santos Survey, Abstract No. 1384, and being parts of Lots No. 1 and 2 of the partition of the Estate of Josiah Stone among his children, and being part of a 154.31 acre tract and a 1.01 acre tract conveyed to B.B. Owen and H.A. Walker by deed dated July 30, 1960 and filed for record August 5, 1960 in the Deed Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point in the centerline of Brandon and the Southwest R.O.W. of Pleasant Valley Road; THENCE, Northeasterly along said R.O.W. line 403.00 feet to a point for corner; THENCE,North 45°49'West, 41.00 feet to a found iron stake, said stake also being the POINT OF BEGINNING; BEGINNING at an iron stake on the Northwest R.O.W. of Pleasant Valley Road at the intersection of said Northwest R.O.W. of said road with the Northeast line of said 154.31 Owen-Walker tract, said point being the North corner of a 3.83 acre tract conveyed to the County of Dallas for road R.O.W. by deed dated February 7, 1969; THENCE, Southwesterly with the new R.O.W. of Pleasant Valley Road as follows: South 45°50' West, 781.11 feet; South 43°33' West, 1,100.58 feet; South 45°39' West, 62.30 feet to an iron stake set in said R.O.W. for corner; THENCE, North 45°49'34" West across said 154.31 acre Owen-Walker tract, 1,540.58 feet to an iron stake set in an old fence line for corner; THENCE, North 44°53' East with said old fence line and the northwest line of said Owen-Walker 154.31 acre tract 1,944 feet to an iron stake for corner set at the base of a corner post for corner, said point being the North corner of said Owen-Walker tract; THENCE, South 45°49' East, with said old fence line and northeast line of said Owen-Walker tract, 1,528.76 feet to the Place of Beginning and containing 68.11 acres of land. Exhibit "B" Conditions for Planned Development Zoning Case No. 2001-17 GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single-Family 10 District (SF-10/19) are set forth in Article 3, Section 3.2.C. of the Comprehensive Zoning Ordinance (adopted as of November 13, 2001) are included by reference and shall apply except as provided herein. SPECIAL CONDITIONS: 1. Yard Requirements—Main Structures a. Front Yard: 25 feet, however, an unenclosed , covered porch, including posts and columns may project into the required front yard for a distance not to exceed 10 feet. b. Side Yard of Corner Lots: 25 feet when that side yard is on a key lot. A side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. c. Rear Yard: 25 feet, however, the face of an attached garage that is accessed from an alley shall have a minimum rear yard of 20 feet. 2. Yard Requirements—Accessory Structures a. Front Yard: Behind the rear building line of the main structure, unless the accessory structure is a detached garage that is accessed from the street. In such an instance, the minimum front yard shall be 25 feet. b. Rear Yard: 10 feet, unless the accessory structure is a detached garage that is accessed from the alley. In such an instance, the minimum rear yard shall be 20 feet. c. Side Yard of Corner Lots: 25 feet when that side yard is on a key lot. A side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING NEW CROSS CONNECTION CONTROL AND PREVENTION REGULATIONS, AND REPEALING WYLIE ORDINANCE NUMBER 99-34; 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(the"City Council")has investigated and determined that it would be in the best interest of the City of Wylie, Texas(the"City") and its inhabitants to establish and enforce a cross connection program for the purpose of protecting its drinking water supply from contamination and/or pollution due to any cross connections:and WHEREAS,it is the desire,purpose and intent of Wylie to comply with the regulatory requirements applicable to the establishment of a cross connection program;and WHEREAS, the City Council investigated and determined that it would be advantageous and beneficial to the City and its inhabitants to repeal Ordinance No. 99-34. WHEREAS, the building official and the public works department for the City have reviewed new Cross Connection Control Regulations and recommends adoption of the same by the City of Wylie:and, WHEREAS, the City Council has determined in its legislative capacity that adoption of such code furthers the best interest of the City;and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Ordinance No. 99-34. City Ordinance No. 99-34 is hereby repealed. SECTION i3: Cross Connection control and prevention. A new Article XVII ,-;Deleted:L: "Cross Connection Control and Prevention" of Chapter 22 `Buildings and Building Regulations" of the Code of Ordinances of the City of Wylie,be, and it hereby is, added as set forth herein: 1 "ARTICLE XVII. CROSS CONNECTION CONTROL AND PREVENTION, Deleted:IT Sec. 22-591. Cross-Connection standards. Every source of contamination or possible contamination from any contaminant which originates from or is located at a residential or commercial establishment, which is connected to any public water supply or which provides water to the public shall be equipped with the protection required under the provisions of this article. Sec. 22-592. Definitions. For the purpose of this ordinance,the following definitions apply unless the context clearly indicates or requires a different meaning. If a word or term used in this ordinance is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent adopted edition of the City of Wylie Plumbing Code and/or the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research,University of Southern California: Air gap - shall mean a physical separation between the free flowing discharge end of a potable water supply piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or other device. An "approved air-gap separation" shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device in no case less than one inch. Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum breaker or AI B- shall mean a device used to prevent backsiphonage in non-health hazard conditions. This device cannot be tested and cannot prevent backpressure backflow. Auxiliary supply - shall mean any water source or system other than the public water system,that may be available in the building or on the property,including ground water or surface waters used for industrial,irrigation or any other purpose. Backflow prevention assembly or assembly- shall mean an assembly to counteract back pressure or prevent backsiphonage. Backflow - shall mean the flow in the direction opposite to the normal flow or the introduction of any foreign liquids,gases,or substances into the water system of the City's water. Backpressure - shall mean any elevation of pressure in the downstream piping system(by any means) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source. Backsiphonage - shall mean the flow of water or other liquids, mixture or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system. 2 Boresight or Boresight to daylight- shall mean providing adequate drainage for backtlow ,- Deleted: prevention assemblies installed in vaults through the use of an unobstructed drainpipe. City or The City - shall mean the City of Wylie through the City Manager or any representative,inspector or employee designated by the City Manager. Commercial establishment - shall mean property or location which is used primarily for manufacture,production, storage,wholesaling or retailing of services which is or may be placed in the flow of commerce or any property or location which is used primarily for the provision of any service. Commission - shall mean the Texas Natural Resource Conservation Commission (TNRCC). Contaminants - shall mean any foreign material, solid or liquid,not common to the potable water supply which makes the water unfit or undesirable for human or animal consumption. Contamination - means the admission of contaminants into the potable water supply system. Cross-connection - shall mean any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank,receptacle,equipment or device,through which it is possible for any nonpotable, used, unclean, polluted and contaminated water, or other substances, to enter into any part of such potable water system under any condition or set of conditions. Cross-connection control device-shall mean any nationally approved or recognized device placed upon any connection,physical or otherwise,between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, which is designed to prevent nonpotable,used,unclean,polluted and contaminated water,or other substances,from entering into any part of such potable water system under any condition or set of conditions. Customer Service Inspection -shall mean an inspection designed to inspect and detect any actual or potential cross-connection hazards and/or exceed of the lead action level in solder or flux, pipe or pipe fittings. Degree of hazard-shall mean the low or high hazard classification that shall be attached to all actual or potential cross-connections as follows: (a) Health hazard-means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health. (b) High hazard - means the classification assigned to an actual or potential cross- connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply. 3 (c) Low hazard - means the classification assigned to an actual or potential cross- connections that potentially could allow a substance that may be objectionable but not hazardous to one's health to backflow into the potable water supply. (d) Pollution hazard-means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard, as defined. Maximum degree of intensity of pollution which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances. (e) System hazard-means an actual or potential threat of severe danger to the physical properties of the public or consumer's potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system. Director - shall mean the City Manager, the City Manager's designated Water Utilities Manager,or his designee who is vested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this ordinance. Double check detector backflow prevention assembly or double check detector or DCDA- _- -1 Deleted:Check J shall mean an assembly composed of a line-size approved double check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow. Double check valve backflow prevention assembly or double check assembly or double check or DC-shall mean an assembly which consists of two independently acting,approved check valves,including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Fireline Tester-shall mean a tester who is employed by a state approved fireline contractor and is qualified to test backflow prevention assemblies on firelines only. General Tester-shall mean a tester who is qualified to test backflow prevention assemblies on any domestic,commercial,industrial or irrigation service except firelines. Mobile unit - shall mean any operation, which may have the potential to introduce contaminants into a potable water system from a mobile source. These include,but are not limited to, carpet-cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest-control vehicles. Non-residential use-shall mean water used by any person other than a residential customer of the water supply and includes,but not limited to, all uses not specifically included in"residential uses" as defined in the City zoning ordinance,as it currently exists or may be amended. 4 Person-shall mean any individual,partnership,association,corporation,firm,club,trustee, ,- Deleted:associations,corporations, firms,clubs,trustees,receivers,and bodies receiver,body politic and corporate,and any other such entity. politic and corporate. Point-of-use isolation - shall mean the appropriate backflow prevention within the consumer's water system at the point at which the actual or potential cross-connection exists. Potable water supply - shall mean any water supply intended or used for human consumption or other domestic use. Premises - shall mean any piece of property to which water is provided, including but not limited to,all improvements,mobile structures,and structures located on it. Premises Isolation - shall mean the appropriate backflow prevention at the service connection between the public water system and the water user. Pressure vacuum breaker backflow prevention assembly or pressure vacuum breaker or PI B - shall mean an assembly which provides protection against backsiphonage, but does not provide adequate protection against backpressure backflow. The assembly is a combination of a single check valve with an AVB and can be used with downstream resilient seated shutoff valves. In addition,the assembly has suction and discharge gate valves and resilient seated test cocks which allows the full testing of the assembly. Public water system or system - shall mean any public or privately owned water system, which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment use in the process of producing, treating, storing, or conveying water for public consumption. Reduced Pressure principle backflow prevention assembly or reduced pressure principle assembly or RP assembly or RP - shall mean an assembly containing two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located resilient seated test cocks and a tightly closing resilient seated shutoff valve the end of the assembly. Reduced pressure principle detector backflow prevention assembly or reduced pressure detector or RPDA - shall mean an assembly composed of a line-size approved reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly_. The meter shall register accurately for very low rates of flow. Representative of the water system -shall mean a person designated by the City of Wylie to perform cross-connection control duties that shall include, but are not limited to, cross-connection inspections and water use surveys Residential use-shall mean water used by any residential customer of the water supply and includes. but not limited to, single family dwellings, duplexes,multiplex, housing and apartments 5 where the individual units are each on a separate meter; or, in cases where two or more units are served by one meter,the units are full-time dwellings. Service connection-shall mean the point of delivery which the water purveyor loses control ---f Deleted:s of the water. Spill-resistant pressure vacuum breaker or SIB - shall mean an assembly containing an independently operating, internally loaded check valve and independently operating,loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. Tester - shall mean a person that is a certified backtlow prevention assembly technician approved by and registered with the City and the TNRCC. Thermal expansion-shall mean heated water that does not have the space to expand. TNRCC-shall mean the Texas Natural Resource Conservation Commission. Used water- shall mean water supplied by a public water system to a water user's system after it has passed through the service connection. Water Use Survey- shall mean a survey conducted or caused to be conducted by the local authority designed to identify any possible sources of contamination to the potable water supply. Sec. 22-593. Right-Of-Way Encroachment No person shall install or maintain a backflow prevention assembly upon or within any City right-of-way except as provided in this section. (a) A backflow prevention assembly required by the City may be installed upon or within any City right-of-way only 4f: (1) the City determines, in its sole discretion, _--- Deleted:if the owner proves to the City that there is no other feasible location for installing the iissembly: (2) installing he _- Deleted:assembly, assembly in the right-of-way will not interfere with traffic or utilities: and (3) a Deleted:it permit is.obtained from the City. The City retains the right to approve the location, ___ Deleted:utilities,(and obtains a permit height,depth,enclosure,and other requisites of the assembly prior to its installation. L from the City). (b) All permits and inspections required by the City Code to perform work in the right- of-way shall be obtained. (c) The assembly shall be installed below or flush with the surrounding grade, except when, in the Citv's sole discretion, it is not practicable to install it in this manner. Any assembly or portion of an assembly, which extends aboveground, shall be located no closer than eighteen(18)inches to the face of the curb. (d) The City shall not be liable for any damage done to and/or caused by an assembly installed in a right-of-way. 6 (e) or purposes of public safety, a property owner shall, at the request of the City and ,_- Deleted:A 9 at the owner's expense,relocate a backflow prevention assembly which encroaches upon any City right-of-way when such relocation is necessary for street and/or utility constructioninnd/or repairs. Deleted:or repairs for purposes of public safety. (f) A person commits an offense of this Ordinance if he/she fails to relocate a backflow prevention assembly located in or upon any City right-of-way after receiving a written order from theCity requiring the same. - Deleted:regulatory authority. 9 -(Deleted:¶ Sec. 22-594. Multiple Connections Any premises requiring multiple service connections for adequacy of supply and/or fire protection„shall also contain a backflow assembly on each of the additional service lines to the _- Deleted:will be required to install 9 premises. The type of assembly will be determined by the degree of hazard that could occur in the event of an interconnect between any of the buildings on the premises. Sec. 22-595. Protection required;installation. (a) The backflow prevention assembly protection which is required under this ordinance shall be any of the duly nationally recognized and authorized backflow prevention assemblies listed in a State of Texas approved Plumbing Code,or as determined by the City. Each backflow prevention assembly must have been approved by the Cif -{Deleted:regulatory authority. prior to installation. Failure to obtain such approval prior to installation of the (Deleted:regulatory authority 9 backflow prevention assembly may result in the backflow prevention assembly failing to meet final approval by the Cite. The City shall determine the type and _-- Deleted:regulatory authority. 9 location of backflow assembly to be installed within the area served by the City, The _-_ Deleted: of Wylie 9 assembly will be required in each of the following circumstances,but is in no way limited to the following circumstances: (1) The nature and extent of any activity on the premises,or the materials used in connection with any activity on the premises, or materials stored on the premises,could contaminate or pollute the potable water supply. (2) Premises having any one or more cross-connections and the cross-connection(s) is protected by an atmospheric vacuum breaker device(AVB). (3) Internal cross-connections are present that are not correctable. (4) Intricate plumbing arrangements that are present which make it impractical to ascertain whether cross-connections exist. (5) There is unduly restricted entry so that inspections for cross-,connections cannot -_-- Deleted: be made with sufficient frequency to assure that cross-connections do not exist. 7 (6) Installation of an approved backflow prevention assembly is deemed, in the City's sole discretion, to be necessary to accomplish the purpose of these regulations, - Deleted: in the judgment of the City -[Formatted:Bullets and Numbering (7) An appropriate cross-connection survey report form has not been filed with the Public Works 4Water Utilities Department of the Cityiupon request of the City.. - Deleted: Deleted:of Wylie (8) A fire suppression system that is connected to the City's water system. (9) All new construction, if deemed necessary py the City during the customer ,_- Deleted:in 9 service inspection. The type of assembly required will be determined by the degree of hazard. (10) When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly may be installed at the service connection that supplies water for public domestic use. (11) Any used water return system. (12) In the event a point-of-use assembly has not had the testing or repair done as required by this ordinance,a premises isolation assembly will be required. (13) If it is determined by the City that additions or alterations have been made to the plumbing system without obtaining proper permits,premises isolation may,in the City's sole discretion,be required. (14) All multistory buildings or any building with a booster pump or elevated storage tank. (15) Retrofitting will be required on all high hazard connections and wherever else the City,in its sole discretion,deems necessary to retrofit. (b) All backflow prevention assemblies installed after the effective date of this ordinance shall be installed in a manner designed to facilitate ease of inspection by the City. Any currently installed backflow prevention ;assemblies, which are located in __- Deleted:assemblies which, inaccessible locations, or where the tester is subject to physical danger, shall be __-`Deleted:, relocated to approved locations following current national guideline standards. Sec. 22-596. Testing Of Assemblies (a) All backflow prevention assemblies shall be inspected and tested or caused to be inspected and tested at the expense of the property or building owner in each of the following circumstances: (1) Immediately after installations; (2) Whenever the assembly is moved; 8 (3) A minimum of once a year; (4) Premises that have been vacated and unoccupied for one year, prior to re- occupancy; (5) Immediately after repairs. (b) All assembly testing shall be performed by a state certified backflow prevention assembly tester,approved by theeCity. - Deleted: regulatory authority (c) Duly authorized employees of the City bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this ordinance. Persons and occupants of premises which are provided water service by the City,either directly or indirectly,shall allow the City or its representatives,access at all reasonable times to all parts of the premises for the _-- Deleted:ready 9 purposes of, among others, inspection, testing, records examination and/or to facilitate,the performance of any of their duties. Where persons or occupants of --- Deleted:, premises have security measures in force which would require proper identification and clearance before entry into their premises, the persons and occupants of the premises shall make necessary arrangements with their security guards so that upon presentation of,identification, personnel from the City will be permitted to enter, --`Deleted:suitable without delay,for the purposes of performing their specific responsibilities. (d) The City is not liable for damage to a backflow prevention assembly_, which may occur during testing.inspection and/or examination. (e) A water use survey may be conducted at any establishment located in the City which is served by a public water supply or which provides water to the public. Upon determination that the establishment falls under the provisions of this ordinance and requires a backflow prevention assembly, a notice to abate the condition or to install the proper backflow prevention assembly shall be issued by the City. (f) It is the responsibility of the person. who owns or controls property, to have all assemblies tested in accordance with this ordinance. Assemblies may be required to be tested more frequently if the City,in its sole discretion,regulatory authority deems necessary. (g) All results from assembly testing by a certified backflow prevention assembly tester shall be placed on a form that is supplied by the City. Sec. 22-597. Thermal Expansion It is the responsibility of any person, who owns or controls property, to eliminate the possibility of thermal expansion,if a closed system has been created by the installation of a backtlow --;Deleted:, assembly. Sec. 22-598. Pressure Loss 9 Any reduction in water pressure caused by the installation of a backflow assembly is not -- Deleted:is be the responsibility of the City. Sec. 22-599. Residential Service Connections Any person who owns or controls any residential property,which has been determined to have an actual or potential cross-connection, shall-eliminate the actual or potential cross-connection ,-- Deleted: will be required to or have an approved backflow assembly installed in accordance with this ordinance. Sec. 22-600. Rental Properties Any person who owns or controls property is responsible for the installation, testing and repair of all backflow assemblies on their property. Sec. 22-601. Customer Service Inspection (a) Pursuant to TNRCC Water System Regulations, a customer service inspection for cross-connection control shall be completed by the City prior to providing continuous water service in each of the following circumstances: (1) Water service to a newly constructed facility or previously nonexisting premises. (2) After any material improvement to building(s)or premises. (3) Any correction or addition to the plumbing of any facility or premises. (4) The City,in its sole discretion,deems it necessary. (b) Permanent water service shall not be supplied to a new construction facility(s)until after the customer service inspection is completed as provided here. (c) Temporary water service, which poses a potential cross-connection threat to the potable water supply, shall be protected by an approved backflow prevention assembly. Sec. 22-602. Installation Guidelines and Requirements for Backflow Prevention Assemblies (a) General - to ensure proper operation and accessibility of all backflow prevention assemblies, the following national guideline requirements shall apply to the installation of these assemblies, - Deleted:. (1) Backflow prevention assemblies shall be installed in accordance with the current TNRCC Rule and these regulations. The assembly installer must obtain the required plumbing permits and have the installation inspected by the City. (2) At facilities which require a backflow prevention assembly to be installed at the point of delivery of the water supply,such installation of the assembly must be 10 before any branch in the line and on private property located just inside the boundary between the City right of way and the landowner's property. The City may specify other areas for installation of the assembly. Assemblies that must be installed or are located on City rights of way are the responsibilities of the business or entity that the water line is serving. (3) The assembly must be protected from freezing and other severe weather conditions. (4) All backflow prevention assemblies shall be of a type and model approved by the City. (5) All vertical installations of backflow assemblies must have prior written approval by the City. (6) Assemblies that are larger than four(4)inches and installed more than five(5) feet above floor level must have a suitable platform for use by testing or maintenance personnel. (7) Bypass lines are prohibited.Pipefittings are prohibited which could be used for connecting a bypass line. _-`Deleted: must not be installed. (8) Premises where an uninterrupted water supply is critical should be provided with two(2)assemblies installed in parallel. j'he assemblies should be sized in - Deleted:They such a manner that either assembly will provide the maximum flow required. (9) Lines should be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. (10) All facilities that require continuous, uninterrupted water service and are required to have a backflow assembly must make provisions for the parallel installation of assemblies of the same type so that testing, repair and maintenance can be performed. (11) The property owner and/or lessee assumes all responsibility for any damage` -- l Deleted:s resulting from, among other, installation, operation, and/or maintenance of a backflow assembly. The owner and/or lessee shall be responsible for keeping all backflow prevention assembly vaults reasonably free of silt and debris (12) Upon completion of installation, the City shall be notified and all assemblies must be inspected at the expense of the property owner and/or lessee,_All -- Deleted: and tested by the City assemblies must be registered with the City and shall provide the date of installation, manufacturer, model, type, size, serial number of the backflow assembly,and initial test report. (b) Reduced pressure principle backflow prevention assemblies (RPs) -may be utilized at premises where a substance is handled that would be hazardous to health if 11 introduced into the potable water system. The RP is normally used in locations where an air gap is impractical. The RP shall be effective against both backsiphonage and backpressure. (1) RPs shall be sized to provide an adequate supply of water and pressure for the __--f Deleted:must premises being served. Flow characteristics are not standard. Consult manufacturer's specifications for specific performance data. (2) The assembly ,hall be readily accessible for testing and/or maintenance and -_- Deleted:must 9 shall be located in an area where water damage to building or furnishing would __--[Deleted:must 9 not occur from relief valve discharge. The property owner and/or lessee assumes all responsibility for any damage caused by water discharge from an RP assembly. A,City approved air gap shall be located at the relief valve -_-- Deleted:n 9 orifice of RP assemblies. (3) No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. RPs are typically installed above grade in well drained areas,but may be installed below grade (ground level) if a boresight drain to daylight, is provided. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. (4) Enclosures shall be designed for ready access and sized to allow for the minimum clearances established below. Removable protective enclosures are typically installed on the smaller assemblies. Daylight drain ports must be provided to accommodate full pressure discharge from the assembly. (5) Assemblies two(2)inches and smaller shall have at least six(61,inch clearance _-- Deleted:- on both sides and on top of the assembly, and twelve (12) inches below and behind the assembly. All assemblies larger than two (2) inches shall have a minimum of twelve(12)inches on the backside,twenty-four(24)inches on the test cock side, and the relief valve opening shall be at least twelve(12)inches plus nominal size of assembly above the floor or highest possible water level. Headroom of six(6)feetcis required in vaults without a fully removable top. A --- l Deleted:0 inches minimum access opening of thirty-six(36)inches is required on all vault lids. (6) All RP assemblies must be tested in accordance with this ordinance. Tests are the responsibility of the assembly owner. The owner must notify the City upon installation of any backflow prevention assembly. (7) Variances from these specifications will be evaluated by the City on a case-by- case basis. Any deviations must have prior written approval of the City. (c) Reduced pressure principle detector backflow prevention assemblies (RPDA) -may be utilized in all installations requiring a reduced pressure principle backflow prevention assembly and detector metering. 12 (1) RPDAs shall comply with the installation requirements applicable for reduced pressure principle backtlow assemblies(RP). (2) The line-size RP assembly and the bypass RP assembly must each be tested. A separate test report for each assembly must be completed by the certified tester. (d) Double check valve backflow prevention assemblies (DC) - may be utilized at premises where a substance is handled that would be objectionable, but not hazardous to health if introduced into the potable water system. (1) DCs must be sized to provide an adequate supply of water and pressure for premises being served. Consult manufacturer's specifications for specific performance data. (2) Premises where an uninterrupted water supply is critical should be provided with two (2) assemblies installed in parallel. Assemblies should be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required. (3) The assembly shall be readily accessible with adequate room for testing and maintenance. DCs may be installed below grade, providing all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below. (4) Assemblies two(2)inches and smaller shall have at least six(6j}nch clearance ,,-- Deleted:- below and on both sides of the assembly,and if located in a vault,the bottom of the assembly shall be not more than twenty-four(24)inches below grade. All assemblies larger than two(2)inches shall have a minimum clearance of twelve (12)inches on the backside,twenty-four(24)inches on the test cock side, and twelve (12)inches below the assembly. Headroom of six(6)feet.is required _,- Deleted:0 inches in vaults without a fully removable top. A minimum access opening of thirty- six (36) inches is required on all vault lids. "Y" pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. These clearance standards apply to all assemblies installed in vaults,enclosures,and meter boxes. (5) Vertical installations of DCs are allowed only on sizes up to and including four (4.)inches that meet the following requirements: (a) Internally spring-loaded check valves; (b) Flow is upward through assembly; (c) Manufacturer states their assembly can be used in a vertical position; (d) Approved by Director. 13 (6) All DCs must be tested in accordance with this article. Tests are the responsibility of the assembly owner. The owner must notify the City upon -- Deleted:regulatory authority installation of any backflow prevention assembly. (7) Variances from these specifications will be evaluated by the City on a case-by- case basis. Any deviations must have prior written approval of the City. (d) Double check detector backflow prevention assemblies (DCDA) -may be utilized in all installations requiring a double check valve assembly and detector metering. (1) DCDAs shall comply with the installation requirements applicable for double check valve assemblies(DCs). (2) The line-size DC assembly and the bypass DC assembly must each be tested. A separate test report for each assembly must be completed by the certified tester. (e) Pressure vacuum breaker backflow prevention assemblies(PT B)-may be utilized at point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. PVBs protect against backsiphonage only and shall not be installed where there is potential for backpressure. (1) Assembly shall be installed a minimum of twelve (12j inches above highest downstream piping. (2) PVBs shall not be installed in an area subject to flooding or where damage would occur from water discharge. (3) The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve(12,)inches all around the assembly. (4) All PVBs must be tested in compliance with this article. Tests are the responsibility of the assembly owner. The owner must notify the,City upon -- l Deleted:regulatory authority installation of any backflow prevention assembly. (5) Variances from these specifications will be evaluated by the City on a case by case basis. Any deviations must have prior written approval of the City. - Deleted:regulatory authority. (f) Spill resistant pressure vacuum breaker backflow prevention assemblies (SIB) - may be utilized in all installations requiring a pressure vacuum breaker. (1) SVBs shall comply with the installation requirements applicable for pressure vacuum breaker backflow prevention assemblies. Sec. 22-603. Air Gap Separation 14 Air gaps provide maximum protection from backtlow hazards and should be utilized at all locations where"high"hazardous substances are at risk of entering the potable water system. (a) An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel and in no case less than one(1)inch If splashing is a problem,tubular screens may be attached or the supply line may be cut at a 45F angle. The air gap distance is measured from the bottom of ,- Deleted:❑ the angle. Hoses are not allowed. (b) Air gap separations shall not be altered in any way without prior approval from the City and must be available for inspection at all reasonable times. - Deleted:regulatory authority (c) Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening a distance greater than three(3)times the diameter of the effective opening for a single, or a distance greater than four (4) times the effective opening for two(2)intersecting walls. Sec. 22-604. Fire Suppression Systems All new installations of fire suppression systems which utilize the City's potable water supply shall have an approved reduced pressure detector assemblies(RPDA)installed, l Deleted:. An approved double check detector assemblies (DCDA)may be utilized for fire sprinkler systems that provide for periodic flow-through of water throughout the system during each twenty- four(24)hour period and where all piping is approved for potable water use by the plumbing code. (a) It is the responsibility of all property owners and persons in charge of any premises to abide by the conditions of this ordinance. In the event of any changes to the plumbing system, it is the responsibility of the property owners to notify the,City. ,Sll costs - Deleted: regulatory authority associated with this article and the purchase, installation, testing and/or repair of a `- -Deleted: . A (RPDA) device or a (DCDA) device is the responsibility of the property owner and persons in charge of any premises. (b) Upon the approved installation of the (RPDA)device or a(DCDA)device, a cross- connection test report completed by a licensed fireline tester must be sent to the attention of the City and include the information required by this ordinance. Sec. 22-605. Fire Hydrant Protection An approved reduced pressure detector assemblies (RPDA) shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the public water supply. (a) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this ordinance. All fire hydrant water meter rentals shall meet the current requirements as provided for by the City. 15 (b) Only City approved and authorized,fire hydrant water meters with approved backflow _- Deleted:of Wylie 9 prevention assemblies are allowed to be used within the City limits. (c) ,All non ipproved fire hydrant meters which are found to be in use in the City will be - Deleted:A refundable deposit is confiscated and enforcement action taken against the responsible party,as allowed ford, required to nsure the return of all water meter and backflow assemblies to the City. in the enforcement section4 this ordinance. 4 Failure to return the assemblies can result in the forfeiture of deposit and/or 0, enforcement action being taken against the Sec. 22-606. Responsibilities of Property Owner/Person in Charge of Premises. responsible party,as allowed for in the ' i penalty section of this ordinance. (a) It is the responsibility of all property owners and/or persons in charge of any premises , Deleted:(See Fees) J to abide by the conditions of this article and to comply with the following: Deleted:¶ ' (d) (1) Payment of all costs associated with this ordinance and the purchase, Deleted: installation,testing and repair of backflow prevention assemblies. Deleted:of Wylie (2) Install and maintain all backflow prevention assemblies in accordance with this Deleted:in article and acceptable industry practice. (3) All backflow prevention assemblies on each premises much be tested at least annually. Such testing must be conducted by a certified cross-connection tester who is registered with the City. Results of the test must be sent to the City, upon the form provided by the City,immediately after the test is complete. (4) Maintain all backflow prevention assemblies in proper working order at all times,including repair as required. (5) Maintain all backflow prevention assemblies in a manner,which allows them to be tested by a method that has been approved by the City. -- Deleted:regulatory authority. 9 (6) All records related to backflow prevention assembly installation, testing and repair shall be maintained on the premises for a minimum of three (3)years, --- Deleted:. from the date of any given record. (b) Certified backflow prevention assembly tester - shall comply with the following requirements: (1) Annually register with the City.and pay the required fee per Appendix C of the - Deleted:regulatory authority City of Wylie Code of Ordinances. (2) Maintain testing equipment in proper working condition/calibration. Test gages must be calibrated at least once each year. (3) Maintain the design and/or operation characteristics of an assembly. (4) Ensure that devices are tested according to accepted industry, practice and TNRCC regulations. 16 (5) Enter required testing data, including without limitation, test gauge serial numbers,on cross-connection test forms obtained from the City. ,- Deleted:regulatory authority. (6) Report test results to the Citywithin thirty(30)days of testing. ,--f Deleted:regulatory authority (7) Provide a copy of the completed test report to the property owners and/or persons in charge of any premises. (8) Maintain testing and/or repair records for a minimum of three (3)years from the date of any given record. Sec. 22-607. Backflow prevention assembly tester certification-registration required Only approved TNRCC licensed backflow prevention assembly testers can test backflow prevention assemblies in the City,. Testers must register annually with the City, provide proof of ,- Deleted: of Wylie TNRCC certification, and provide proof that testing equipment is able to maintain a calibration of plus or minus 0.2 psid accuracy and pay an annual, non-refundable, tester registration fee as required in Appendix C of the City of Wylie Code of Ordinances. Sec. 22-608. Fees There shall be an annual non-refundable registration fee of twenty-five dollars ,- Deleted:(a) ($25.00) for each non-residential backflow prevention assembly device. This fee may appear on the monthly City water/sewer bill and relates solely to the matters covered in this ordinance and are separate from other fees chargeable by the City. Sec. 22-609. Compliance for Lawn Irrigation. A permit must be obtained from the City,'or all lawn irrigation system installations§ --f Deleted:(a) Such permit shall be issued by the City's building inspection department. `, Deleted:F Installation requirements must comply with the current City plumbing code and/or Deleted: a permit shall be required guidelines for the appropriate device found in this ordinance. Interconnections of --`Deleted: the potable water supply with an alternate water source is prohibited unless appropriate backflow protection is installed. High Hazard backflow protection devices must be installed if any mechanical injection stations are used with the irrigation system. Sec. 22-610. Mobile Units The connection of a mobile unit to any potable water system is prohibited unless _,- Deleted:(a) such connection is protected by an air gap or an approved backflow prevention assembly. Prior approval and annual device testing of any backflow prevention assembly must be received from the City before connecting to any potable water system. Sec. 22-611. Enforcement. 17 (a) This ordinance shall be enforced by the City Manager,or his/her designee, - Deleted:the manager's designated representatives or employees. (b) The City shall inspect and initially test,or cause to be tested,all backflow prevention assemblies installed pursuant to the requirements of this article. For new facilities, permanent water service shall not be provided until all backflow prevention assemblies have been tested, approved,and are operational. Except in cases where _-'{Deleted: the testing of backflow prevention assemblies must be delayed until the installation of internal production or auxiliary equipment, the regulatory authority shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested, approved and are operational. The City shall not be liable for damage caused to any backflow prevention assembly as a result of the inspectionntesting _- Deleted: or 9 and/or examination. (c) Violations (1) A person commits an offense if there is failure to maintain backflow prevention assemblies in compliance with thisiVticle. -`Deleted:section (2) A person commits an offense if there is failure to comply with a repair order issued by the City. (3) A person commits an offense if backflow from premises owned, operated or managed by the person enters the public water supply system. (4) A person commits an offense if there is a failure to pay any fees required by this article. (5) A person commits an offense by violating any section of this article. (6) A person commits an offense if discontinued or disconnected water service to premises under this article is reinstated, except as directed in writing by the City. (7) A person in charge of any facility commits an offense by allowing an unregistered tester to perform testing workpn their property. --- l Deleted:at their establishment. (8) A person commits an offense by testing backflow prevention assembly within the City without being registered with theme. -- Deleted: regulatory authority (9) A person commits an offense by testing backflow prevention assembly within the City without being certified by the TNRCC. (d) Penalty. (1) The water service may be discontinued for any premises and/or property where: 18 (a) The property owner or occupant fails to test an installed backflow prevention assembly. (b) The backflow prevention assembly does not pass the test, and the property owner or occupant fails to make the necessary repairs to the device within the time period specified by the City,but in no case more than ten (10) days after the test indicates that the backflow prevention assembly is not working properly. (c) The City discovers that a cross connection exists on the property that represents an immediate health hazard if the water service remains connected. (d) The City discovers that a cross connection exists on the property and the property owner or occupant fails to install the proper backflow prevention device within the time period specified by the City. (b) A certified tester=s,registration may be reviewed and revoked by the City if it is -- Deleted:' determined that the tester: (1) Has falsely,incompletely,or inaccurately reported assembly reports; (2) Has used inaccurate gauges; (3) Has used improper testing procedures;or (4) Has created a threat to public health or the environment, --[Deleted:.. __- Deleted:¶ SECTION ,4: Penalty Provision. Any person, firm, corporation or business ___ Deleted:2 entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). 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 r5: Savings/Repealing Clause. All provisions of any ordinance in {Deleted:a conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such Deleted:4 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 ordinances shall remain in full force and effect. SECTION,6: Severability. Should any section, subsection, sentence, clause or --(Deleted: phrase of this Ordinance be declared unconstitutional or invalid by a court of competent ;Deleted:s jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance 19 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,7: Effective Date. This Ordinance shall become effective from and -(Deleted:s after its adoption and publication as required the City Charter and by law. --(Deleted:6 PASSED AND APPROVED by the City Council of the City of Wylie, Texas this _- Deleted:¶ day of , 200 . Deleted:1 John Mondy,Mayor ATTEST: Barbara Salinas,City Secretary APPROVED AS TO FORM: Richard Abernathy,City Attorney DATE(S)OF PUBLICATION: 20 MINUTES Wylie City Council Tuesday, January 8, 2002 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALL TO ORDER - Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,and Councilman Chris Trout. Councilman J.C. Worley was absent. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director: Chris Holsted, City Engineer and Barbara Salinas, City Secretary. INVOCATION&PLEDGE OF ALLEGIANCE Associate Pastor, Brodon Park of the New Hope Christian Church was present to provide the invocation and Councilman Scott was asked to lead the Pledge of Allegiance. PROCLAMATIONS&PRESENTATIONS The Mayor and Mayor Pro Tem provided Certificates of Recognition to the Star Students present. Students were honored for their exemplification of the character trait, Self-Discipline. EXECUTIVE SESSION I r 1 The Mayor then announced at 6:10 p.m. that they would convene into Executive Session in accordance with Chapter 551, Government Code, (Open Meetings Act) under Section 551.071 consultation with Attorney regarding pending or contemplated litigation,Lanny Payne vs. City of Wylie. The Mayor reconvened into Regular Session at 6:34 p.m. No action was taken as a result of the Executive Session. CITIZENS PARTICIPATION Mrs.Pat Martin,4040 Avion Ms. Martin's comments were specific to Item No. 6. Ms. Martin expressed her opposition to the future development. She expressed her concerns regarding the future wastewater treatment plant to be located in the general area and the impact it could have on the proposed development. She reminded Council that although staff recommends approval,they are voted into their positions by the citizens they serve and to consider their input. Mrs. Carolyn Proctor,4035 Avion Ms.Proctor's comments were specific to Item No. 6. Ms.Proctor expressed her opposition to future development. She asked that Council consider a vision rather than the proposed development. She expressed concerns regarding existing road improvements,and the tax advantage of larger homes on larger lots. Mr. Richard Proctor,4035 Avion Mr. Proctor's comments were specific to Item No. 6. Mr. Proctor stated that he has been a resident in the neighboring area since 1984 and expressed his concerns regarding the landfill that the City of Garland is implementing as well as the wastewater treatment plant site. He stated that he is not opposed to the annexation, but to the future development of starter homes. Mr.Kent McCord, Whitley Road Mr. McCord's comments were specific to Item No. 6. Mr. McCord expressed his concerns regarding future development and loss of country atmosphere. He stated that he felt that the current utilities and roads are not sufficient to support future development. He expressed concerns regarding the Garland landfill,future wastewater treatment plant and proposed starter homes. He asked that Council consider two-acre lots and 2,000 square foot homes to maintain the consistency of the existing development. Minutes of January 8,2002 Wylie City Council Page 1 Ms.Kim Mays,3577 Whitley Road Ms. May's comments were specific to Item No. 6. Ms. Mays expressed her opposition to the annexation. She stated that she is opposed due to the added traffic caused by the development and density of smaller homes. Mr. Rick Shatswell,3307 Whitley Road Mr. Shatswell's comments were specific to Item No. 6. Mr. Shatwell expressed his concerns regarding the future development. He stated he has just moved from Rowlett and does not want smaller homes. Randy and Melinda Benton,3525 Whitley Road Mr. and Mrs. Benton's comments were specific to Item No. 6. Mr. and Mrs. Benton stated they have moved from Rowlett in order to get away from the congested area. They expressed their opposition to the wastewater treatment plant and smaller homes stating the roads are not sufficient and it would be too great of an impact on the area. The stated their opposition to the development and suggested one to two acre lots. Mr. Steve Matthews Mr. Matthews introduced himself to the Council as a candidate for County Commissioner. CONSENT AGENDA A. Approval of the Minutes from the Meetings of December 11,2001. B. Consider and act upon a Final Plat for the Country Ridge Phase A Addition,being all of a certain 59.448 acre tract of land, situated in the William Patterson Survey, Abstract No. 716, City of Wylie,Collin County,Texas,and being a portion of the 99.7418 acre tract described in the deed to Fredrick Veninga, Trustee, according to the deed recorded in Volume 883, Page 628 of the Deed Records of Collin County,Texas. Councilman Scott removed Item A from the Consent Agenda. Councilman Scott referenced Page 2, and asked that the motion and seconded to accept the minutes as corrected be reflected as Scott and Hogue with a 7-0 vote to approve. With no further corrections, Councilman Scott made a motion to approve Consent Items A, with noted additions and Item B. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Worley was absent. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION 1. Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. The Mayor stated that the City of Wylie Home Rule Charter requires that the City Council declare an official newspaper of general circulation in the city. Councilman Hogue made a motion to approve the Resolution establishing the Wylie News as the official newspaper for the City of Wylie. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Worley absent. 2. Consider and at upon the award of a contract for the construction of the Rush Creek Sewage Lift Station to North Texas Municipal Construction Co., Inc./TNG Services, Inc., in the amount of S1,019,000.00. Mr. Chris Holsted addressed this item, providing brief background on the project. Mr. Holsted stated the 1999 Bond program identified the reconstruction of the Rush Creek Lift Station southeast of the existing location and the construction of a new sewer force main to the Twin Lakes Lift Station. On December 20,2001 a total of seven (7)bids were opened for the project. North Texas Municipal Construction Co., Inc./TNG Services, Inc, submitted the low bid in the amount of$1,019,000.00. The 1999 Bonds included$1,000,000 for the Rush Creek lift station and force main and the FY 2002 budget included$130,000 for new pumps for the lift station. Minutes of January 8,2002 Wylie City Council Page 2 Approximately$100,000 has been spent on the project for engineering, surveying, and geo-technical services. Mr. Hoisted concluded by stating staff recommends awarding a contract to North Texas Municipal Construction Co., Inc./TNG Services, Inc in the amount of $1,019,000.00 to provide all equipment, labor and materials for the construction of the Rush Creek Lift Station. Councilman Trout made a motion to approve the award of contract for the construction of the Rush Creek Sewage Lift Station to North Texas Municipal Construction Company, Inc./TNG Services, Inc., in the amount of $1,019,000.00. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Worley absent. 3. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) District to Business Center (BC) District with a Specific Use Permit (SUP) for Warehouse and Distribution Uses, being a 5.0 acre tract of land located west of Sanden Boulevard and south of F.M. 544,north of Hensley Lane, being part of a 16.6174 acre tract of land recorded in Volume 3367, Page 230, of the Collin County Land Records, situated in the Duke Strickland Survey,Abstract No. 841, City of Wylie, Collin County,Texas. (Zoning Case No. 2001-18) Mr. Claude Thompson,Planner,addressed this item providing Council with a brief background on the intent of the request. He stated that the applicant is requesting initial zoning of the subject property from Agricultural (A) District to Business Center (BC) District in order to develop a showroom/warehouse and distribution facility. Property totals approximately 5 acres in size, the majority of which is floodplain. Applicant required to prepare a flood study&obtain a Conditional Letter of Map Revision from the U.S. Corps of Engineers prior to the issuance of permits for site grading and initial construction. The floodplain has already been partially removed from the neighboring property to the south. Applicant proposes to construct a single building of 54,000 square feet, 10,000 sq. ft. of which will be office/showroom with future expansion of 18,000 square feet to the rear of the initial building is planned. Mr. Thompson concluded that at the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case and Staff is also recommending approval. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the Public Hearing. The applicant,Mr.Lee Dunlap,2419 Coit Road,Plano,Texas,was present to address any questions or concerns of the Council. Councilman Young made a motion to approve the change in zoning from Agriculture (A) District to Business Center(BC)District with a Specific Use Permit(SUP)for Warehouse and Distribution Uses,being a 5.0 acre tract of land located west of Sanden Boulevard and south of F.M. 544, north of Hensley Lane, being part of a 16.6174 acre tract of land recorded in Volume 3367, Page 230, of the Collin County Land Records, situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Worley absent. 4. Hold a Public Hearing to consider and act upon a change to the Conditions of Development for the Planned Development District (PD 2001-46), generally located north of F.M. 544 and east of McCreary Road,being north of the Lakeside Estates Addition and east of the Sage Creek Addition,situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas, being part of a 28.5675 acre tract and all of a 27.4522 acre tract conveyed to Thomas Mannewitz by deed recorded under County Clerk's File No. 92-0064130,Deed Records,Collin County,Texas. (Zoning Case No. 2001-19) Mr. Claude Thomson, Planner, addressed this item providing Council with a background on the request. Mr. Thompson stated that the PD District which established the initial zoning on the subject property (PD 2001-46), including Conditions of Development and a Conceptual Plan, was adopted by the City Council on September 25, 2001. The Preliminary Plat,the first step in the development process, was approved by the Council on December 15,2001. The Plat for the 41.7-acre tract will create 151 single-family residential lots. Minutes of January 8,2002 Wylie City Council Page 3 The Conditions of the Planned Development District provides for an average lot size of 8,500 square feet, with no lots being smaller than 7,200 square feet and no fewer than 97 lots having a minimum size of 8,500 square feet. The PD provided for reduced side yards. The adopted Planned Development also provided that the "architectural point standards for the SF 8.5 District Zoning will be met." The applicant is now requesting an amendment to the Conditions of the Planned Development District in order to achieve certain variances to the standard requirements of the Zoning Ordinance. These include the following: Mr. Thompson stated that the Residential requirements of the Zoning Ordinance, adopted in July of 2000, require that seven (7) lots be skipped on the same side of the street and four (4) on the opposite side before repeating a dwelling unit with substantially the same floor plan and street elevation. The applicant is requesting a skipping of four on the same side and two on opposite sides, which more closely follows accepted development practices. Of ten neighboring municipalities surveyed, only Rockwall had any requirement to skip elevations and they required a skipping of five(5)lots. Mr. Thompson stated that the Residential requirements of the Zoning Ordinance, adopted in July of 2000, require that all dwellings within the SF 8.5/17 District be provided with a covered entry of not less than 40 square feet and 4 feet depth. The required Base Standard for all other dwelling sizes is 20 square feet and 2 1/2 feet depth,with the 40 sq. ft. being a Desired Option for which additional points are provided. The applicant is requesting a covered front porch of eighteen-(18) square feet and five-(5)feet width. Of ten neighboring municipalities surveyed,none had any requirement for a porch or covered entry. The PD Conditions as amended require compliance with all other Base Standards of the Architectural Requirements. At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case. Staff is recommending approval. Councilman Trout had concerns regarding the elevations and alternatives with regard to Item No. 1 listed within Other Considerations. Councilman Scott asked for clarification with regard to repetition of elevation, questioning application for both sides of the street. Mr.Thompson clarified that it is proposed that the applicant would skip(4) four on one side and two (2)on the opposite side. The Mayor then opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the request to please come forward, state their name and address for the record and limit their comments to three (3) minutes. With no response,the Mayor then closed the Public Hearing. Councilman Scott made a motion to approve the change to the Conditions of Development for the Planned Development District(PD 2001-46), generally located north of F.M. 544 and east of McCreary Road,being north of the Lakeside Estates Addition and east of the Sage Creek Addition, situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas,being part of a 28.5675 acre tract and all of a 27.4522 acre tract conveyed to Thomas Mannewitz by deed recorded under County Clerk's File No. 92-0064130,Deed Records, Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 5-1. Councilman Trout voting in opposition. Councilman Worley absent. 5. Hold a Public Hearing to consider and act upon a change in zoning from Industrial (I) District to Commercial Corridor(CC)District,being a 30.278 acre tract of land located in the northwest corner of FM 544 and SH 78, situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County, Texas,being the same property as conveyed to the City of Wylie by deed recorded in Volume 279,Page 511, Deed Records of Collin County, Texas, being the same property as conveyed to Gary E. Bowland, Charlotte A. Bowland, Martin L. Anderson and Susan M. Anderson by deed recorded under the County Clerk's File No. 99-0048505,Deed Records of Collin County,Texas,being the same property as conveyed to Ronald C. Dow by deed recorded in Volume 1806, Page 902, Deed Records of Collin County, Texas, being the same property as conveyed to the Wylie Economic Development Corporation by deed recorded in Volume 4572, Page 3563, Deed Records, Collin County, Texas, being all of Lot 1 Minutes of January 8,2002 Wylie City Council Page 4 and Lot 2,Block A of the Walgreens-Wylie Addition, according to the plat thereof recorded in Cabinet N,Slide 378,Map Records of Collin County,Texas,being all of Wylie Industrial Park,according to the plat thereof recorded in Volume 8,Page 55,Map Records of Collin County,Texas,being all of a tract of land conveyed to Collin County by deed recorded in Volume 4980, Page 2156, Deed Records, Collin County, Texas, being part of the D.A.RT. ROW, being part of old State Highway ROW and being part of F.M. Highway 544 ROW. (Zoning Case No.2001-20) Mr. Claude Thompson, Planner, addressed this item providing Council a brief background on the request. Mr. Thompson stated that on November 13, 2001, the City Council adopted major revisions to the nonresidential districts of the Comprehensive Zoning Ordinance and the Official Zoning Map. Because of its diverse uses and transitioning development patterns, and at the specific request of several property owners,the City Council pulled out the area around Cooper Street in the northwest corner of State Highway 78 and F.M. 544 for separate consideration. This area totals approximately 30 acres and is held in approximately 17 separate ownerships. He stated that this area was earlier proposed to be changed from the old Industrial (I) District to the new Community Retail (CR) District. The Commercial Corridor (CC) District is intended to accommodate a diverse mixture of commercial and light industrial uses which are all dependent upon direct access to major regional thoroughfares but which are complimentary to one another as well as to the vehicular corridor. Several of the existing establishments within the subject area reflect these characteristics, as well as those of the Community Retail District. Mr. Thompson stated the recently-adopted revisions to the Zoning Map assigned the Commercial Corridor (CC) District to all of the lands fronting the north side of the S.H. 78 and F.M. 544 intersection, except for the subject area. The Commercial Corridor District provides for a variety of land uses to accommodate both a majority of the viable existing uses and the commercial uses envisioned by the Comprehensive Plan. The adopted Design Regulations of the Commercial Corridor District are sufficient to require the quality of development desired at this highly-visible intersection,and support the desired image of Wylie's central place and identifying physical image. At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case. Staff is also recommending approval. The Mayor then opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the request to please come forward, state their name and address for the record and limit their comments to three (3) minutes. With no response,the Mayor then closed the Public Hearing. Councilman Hogue made a motion to approve the change in zoning from Industrial (I) District to Commercial Corridor (CC) District, being a 30.278 acre tract of land located in the northwest corner of FM 544 and SH 78, situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, being the same property as conveyed to the City of Wylie by deed recorded in Volume 279, Page 511, Deed Records of Collin County, Texas, being the same property as conveyed to Gary E. Bowland, Charlotte A. Bowland, Martin L. Anderson and Susan M.Anderson by deed recorded under the County Clerk's File No. 99-0048505,Deed Records of Collin County, Texas, being the same property as conveyed to Ronald C. Dow by deed recorded in Volume 1806, Page 902, Deed Records of Collin County, Texas, being the same property as conveyed to the Wylie Economic Development Corporation by deed recorded in Volume 4572,Page 3563,Deed Records, Collin County, Texas, being all of Lot 1 and Lot 2, Block A of the Walgreens-Wylie Addition, according to the plat thereof recorded in Cabinet N, Slide 378, Map Records of Collin County, Texas, being all of Wylie Industrial Park, according to the plat thereof recorded in Volume 8,Page 55,Map Records of Collin County, Texas,being all of a tract of land conveyed to Collin County by deed recorded in Volume 4980, Page 2156, Deed Records, Collin County, Texas, being part of the D.A.R.T. ROW, being part of old State Highway ROW and being part of F.M. Highway 544 ROW. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6- 0. Councilman Worley absent. 6. Consider and Act Upon an Ordinance annexing all of a certain 68.11 acre tract of land out of the Guadalupe De Los Santos Survey,Abstract No. 1384, Dallas County, Texas; and generally located on Pleasant Valley Road. Minutes of January 8,2002 Wylie City Council Page 5 Ms.Mindy Manson,Assistant City Manager addressed this item providing Council with a brief background on the request for voluntary annexation. She stated that the request for annexation was submitted by the owner of the property, the Southwest Medical Foundation, providing the general area described as the property located directly north of the new wastewater treatment plant. She stated that should the City Council approve the proposed annexation, the property will be temporarily zoned as A(Agricultural)until permanent zoning is established. She concluded by stating that all Public Hearings have been conducted in accordance with State Law,proper notice and public hearings were conducted on December 10&December 11,2001 and that staff is recommending approval. The Mayor clarified that the action Council takes this evening is related to boundary change only and is not related to any future development. Councilman Trout made a motion to approve the ordinance annexing all of a certain 68.11 acre tract of land out of the Guadalupe De Los Santos Survey,Abstract No. 1384,Dallas County, Texas; and generally located on Pleasant Valley Road. Councilman Scott seconded the motion. A vote was taken and the motion was approved, 5-1. Councilman Young voting in opposition. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. Captions for the Approved Ordinance No's 2002-01, 02, and 03 were read into the record as required by City Charter. JOINT WORKSESSION WITH THE CITY OF ST.PAUL Public Safety and Development Issues. St. Paul Representatives present include, Mayor Pro Tem, Ronnie Fetzer; Councilman Terry Hill; Councilman John West; Councilman Mark Stone; Councilman John Moser and St.Paul City Attorney, John Rapier. Wylie City Manager opened the discussion by stating that after some review and research, it was determined that the cost for providing fire protection to the City of St. Paul exceeds what St. Paul has previously been asked to pay. St. Paul had been charged$12,000 annually, however,the 2002 budget called for an annual fee of$60,000 to cover the cost for fire protection. The scheduled worksession was to offer both Council's an opportunity to openly discuss options and alternatives to St.Paul for continued fire protection with the legal boundaries for both the City of Wylie and St.Paul. Representatives of St. Paul agreed that the cost for fire protection is necessary and that they are willing to pay their fair share, however, at the present time, they do not have the means to fund the increase for continued fire protection. Several options were discussed to fund the recent increase including a retainer fee and per call charge or a flat fee that increase annually. It was determined that St. Paul would meet with their entire Council to discuss funding alternatives and determine how they could proceed. ITEM FOR INDIVIDUAL CONSIDERATION 7. Consider and act upon approval of an extension of the Interlocal Agreement for Fire Protection Services between the City of Wylie and Town of St.Paul. Councilman Scott made a motion to provide a 30-day extension to the Interlocal Agreement for Fire Protection Services between the City of Wylie and the Town of St. Paul to determine future funding for continued services. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Worley absent. The Mayor called for a five-minute recess before continuing with the Work Session. Minutes of January 8,2002 Wylie City Council Page 6 WORKSESSION—9:15 p.m. Discussion of Sign Ordinance Mr. Claude Thompson,Planner and Mr.Dale Jackson,Building Official were present to address any concerns and issues with the sign ordinance. There was some discussion and concerns expressed by the Council with regard to the signage allowed in the Commercial Corridor area. Issues stated concerned the visibility of signs along the Commercial Corridor area, specifically State Highway 78 and FM 544. Mr. Thompson stated that staff would remove this section from the zoning ordinance for further study. Discussion of Subdivision Design Standards City Engineer, Chris Hoisted provided Council with handouts on the Subdivision Design Standards. Issues covered included Storm Drainage, Water and Sewer Lines and Thoroughfare Standards. There was some discussion among Council with regard to existing asphalt paved parking lots and future compliance with the new design standards. It was determined that existing asphalt parking areas are considered non-conforming and any future maintenance or expansion would not change their non-conforming status. Mr. Hoisted stated that adoption of the proposed Subdivision Design Standards would be presented in the form of an action item for Council approval. ADJOURNMENT With no further business t o come before the Council,the meeting was adjourned at 9:55 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of January 8,2002 Wylie City Council Page 7 WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. B January 22, 2002 Issue Consider and act upon a Preliminary Plat for the LGD Properties Townhouses,being a certain 1.2388 acre tract of land situated in the S.B. Shelby Survey,Abstract No. 820, and being a part of Block 3 of the unrecorded Russell Addition, and being a part of Lot 39, Block 8, Brown and Burns Addition to the City of Wylie, Collin County, Texas, according to the Plat thereof, recorded in Volume 1, Pages 110-112 of the Map Records of Collin County, Texas, and being a tract of land conveyed to Marion M. McDonald by deed recorded in Volume 205, Page 653, and being a tract of land conveyed to D&M Check Cashing by deed recorded in County Clerk's File No. 95-0008356 of the Deed Records of Collin County, Texas. Background The Preliminary Plat for the LGD Properties Townhomes includes 1.2388 acres and will create eleven (11) Single-Family Townhomes constructed as zero lot line duplexes. This Plat is a Replat of Lots 1 & 2A, Block 3 of the Russell#01 Addition and Lots 39A& 39D of the Brown and Burns Addition. The subject property was rezoned to Townhouse District (TH/15) from Single Family (SF-2) by Council action on September 11, 2001. Minimum lot width is 30 feet with a minimum lot size of 4,000 square feet. Corner lots meet the minimum width requirement of 45 feet. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that a Final Plat must be approved prior to the initiation of infrastructure construction or issuance of a building permit. Other Considerations The Preliminary Plat complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Board/Commission Recommendation At the January 15, 2002 Planning and Zoning meeting, the Commission voted 5-0 to recommend approval of this Preliminary Plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. C January 22, 2002 Issue Consider and act upon approval of an ordinance adopting new water, sewer, thoroughfare and storm drainage design manuals and details. Background The City of Wylie has adopted the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction as a base standard for infrastructure improvements. The proposed ordinance will adopt updated design standards and construction details to replace the current standards, which were adopted in 1993 and 1994, and will modify the NCTCOG specifications. The new manuals have been updated to reflect current methods in construction and provide uniformity in infrastructure throughout the City. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Ordinance. Attachments Ordinance Exhibit 'A' Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. January 22, 2002 Issue Consider and act upon an Ordinance adopting a new cross-connection prevention and control program, repealing Ordinance number 99-34 and repealing all conflicting ordinances. Background An ordinance was adopted on November 9, 1999 that established the City's cross connection program. The ordinance and the program were both required by the TNRCC in order to comply with state law. When the ordinance was adopted in 1999, it required the installation of vacuum breakers or a Reduced Pressure Principle device to protect the water supply from possible contamination from residential lawn sprinklers, which have proven to be problematic. Previous to the adoption of the ordinance, double- check assemblies were allowed to be installed to protect the water supply from residential lawn sprinkler installations. The consultant who wrote the ordinance, Backflow Management Inc. (BMI), included the change in backflow devices because they thought the TNRCC would soon disallow the use of double-check assemblies for residential lawn sprinklers. BMI's assumption was incorrect. However,the TNRCC has no plans to disallow the use of double-check assembly devices for residential lawn sprinkler systems. Unfortunately, the change has created a number of problems. The first problem Because a vacuum breaker must be installed at least twelve inches above the highest head, Therefore, the device is subject to freezing and breaking when freezing temperatures are encountered. In order to protect the vacuum breaker, we staff began requiring heat tape or a hot box to be installed with the vacuum breaker. The cost of a hot box is approximately$150.00 per box. The cost to install heat tape involves running a new electrical circuit to provide power for the heat tape. The cost for the new electrical outlet and circuit can be somewhat costly as well. The last problem is that The vacuum breakers are also very unattractive in appearance. No one wants to spend $250,000.00 on a new house and see a device sticking up out ofthe ground in either the front or side yard. On the other hand, The preferred double-check assemblies can be installed underneath the ground. The temperature of the ground keeps the device from freezing under most conditions. Since the device will not be as susceptible to freezing conditions, no additional costs are required to install a hot box or electrical circuit for the heat tape. And, since the device is installed in the ground, it is less obtrusive to the aesthetics of the neighborhood. A second Another issue is adequate protection of fire sprinkler systems. Fire sprinkler systems contain stagnant water that is also full of rust and pipe thread oils. The new ordinance upgrades the requirement for backflow protection of fire sprinkler systems to help ensure that the contaminated water contained in these within the lines does not contaminate the drinking water supply. Virtually every other City in the Metroplex allows the use of double check assemblies for residential lawn sprinters. The attached ordinance will bring us back in line with standards accepted by most cities. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of the Approve the attached proposed ordinance adopting new cross- connection prevention and control regulations. Attachments Copy of the new cross connection prevention and control Ordinance. Prepared by Reviewed by Finance City Manager Approval