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05-24-1994 (City Council) Agenda Packet WYLIE CITY COUNCIL May 24, 1994 7:00 p.m. MUNICIPAL COMPLEX AGENDA FOR WYLIE CITY COUNCIL MEETING OF MAY 24 , 1994 7 : 00 p _ m _ Wylie Municipal Complex 2000 N Hwy 78 Wylie, Texas CALL TO ORDER INVOCATION - Rev. Don Yeager, Wylie United Methodist PLEDGE OF ALLEGIANCE PRESENTATIONS 1. Presentation To Rev. Don Yeager In Recognition Of Service To Community CONSENT AGENDA 2. Consider Approval of Minutes of May 10, 1994 Meeting 3. Consider Adoption of Ordinance Amending Ordinance 93-14, concerning disannexation of certain tracts on Parker Road 4. Consider Award of Bid - Annual Contract For Asphalt Overlay ACTION ITEMS 5. Re-zoning of Property Located at 303 E. Marble - From Retail to B-1 Business a) Hold Public Hearing b) Discuss and Consider Approval Of Ordinance 6. Amendment to Text of Zoning Ordinance Whereby Light Fabrication and Assembly Would Be A Permitted Use in B-2 Business Zoning Classification a) Hold Public Hearing b) Discuss and Consider Approval Of Ordinance 7. Repalt of Replat of Lots 3 through 7, Block H, Wyndham Estates Phase II a) Hold Public Hearing b) Discuss and Consider approval of Replat 8. Discuss And Consider Approval Of First Southwest Company As Consultant For Second TCI Cable Company Rate Regulation Review 9. Discuss and Consider Acceptance of Bid For Painting of Nortex Ground Storage Tank APPOINTMENT 10. Hear Request From Sandra Donovan Concerning Closure Of Jefferson Street Between Ballard and Jackson STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSIONS 11. Hold Executive Session Under 551.074 of Government Code - Personal Matters - To Discuss The Following: a) Appointment of Representative to North Texas Municipal Water District Board b) City Attorney 12. Reconvene Into Regular Session and Take Any Action Necessary As A Result of Executive Session ADJOURN Posted this 20th day of May, 1994 at o'clock p.m. BY Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Gene Denman DATE I REFERENCE NO. SUBJECT 5/19/94 a Approval of Minutes of May 10, 1994 Council Meeting SUMMARY OF SUBJECT: Minutes of the May 10, 1994 City Council meeting are prepared for review and approval by the Council. ALTERNATIVES: (1) Approve minutes as submitted. (2) Approve minutes after making corrections as deemed appropriate by Council. ..I 4 ACTION REQUESTED: 1 Staff recommends approval of`minutes, either as submitted.or as corrected by the Council. REVENUE SOURCES: EXPENDITURE ACCOUNTS: NJ ( N) )/1 BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 S CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO / ' MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY:CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POUCE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR FIRE CHIEF • . DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL • MANAGER MINUTES OF THE WYLIE CITY COUNCIL MAY 10, 1994 5 CALL TO ORDER Mayor John W. Akin called the meeting to order with the following Council members present: Reta Allen, John Mondy, Bobby Jennings, Ortie Messenger, Steve Wright and Bud Naish. .. 10 CANVASS OF VOTES Mayor Akin certified that the votes in the May 7, 1994, municipal election unofficial results correspond to the official tally sheets of precinct -W 15 returns. The votes are certified as official on May 10, 1994. OATH OF OFFICE Mayor Akin called on City Attorney Steve Deiter to administer the k_ 20 oath of office to mayor-elect Jim Swartz. After the Mayor's oath, Mr. Deiter also administered the oath of office to winning council member candidates Reta Allen, Steve Wright and Cleo Adams. The new members then took their seats on the council. 25 PRESENTATIONS Mayor Jim Swartz made presentations to Judy Ranly of "Keep Wylie Beautiful." Presentations were then made to other group members. - 30 ACTION ITEMS 1 . Discuss and consider award of bid for painting the Nortex Water Tank. City Manager Norwood asked that this item be tabled until the next council meeting due to problems on 35 reference checks. Jennings made a motion to table the item and Mondy seconded the motion which passed unanimously. 2. Resolution No. 94-11 calling a Bond Election was explained by Mr. Norwood. Reta Allen made a motion to approve the 40 Resolution as explained; it was seconded by Mr. Mondy and passed unanimously. STAFF REPORTS 45 Steve Norwood made a brief report on the street construction project on Jackson Street and other areas of the city. They will be done during the hot weather months. The city's sales tax check should be received soon. - 50 Steve Deiter made comments concerning brief shortages in court/city secretary building area. Everyone needs to be patient for a few days until new employees begin work there. CITIZEN PARTICIPATION - 55 There was no participation here. EXECUTIVE SESSION - 60 Council adjourned into Executive Session under 551-074, Government Code to discuss election of Mayor Pro Tem and appointment of a City Council member to the Dallas Regional Mobility Coalition. APPOINTMENT OF MAYOR PRO TEM - 65 Upon reconvening into regular session at 7:45 p.m., Mr. Mondy made a motion to elect Ortie Messenger as Mayor Pro Tern. Mr. Jennings seconded the motion and it passed unanimously. - 70 APPOINTMENT TO DALLAS REGIONAL MOBILITY COALITION Mr. Cleo Adams made a motion to appoint Bobby Jennings and it was seconded by Reta Allen. The motion passed unanimously. - 75 CONVENE INTO WORKSESSION Mr. Mondy made a motion to convene into worksession. Mr. Jennings seconded the motion and it passed unanimously. - 80 ADJOURNMENT 85 As there was no further business to come before the Council for consideration, the meeting adjourned. 90 APPROVED ATTEST 95 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P. Deiter DATE REFERENCE NO. SUBJECT 5/19/94 ,3 Amendment of Ordinance Disannexing Tracts on Parker Road SUMMARY OF SUBJECT: The City adopted Ordinance 93-14 on March 9, 1993, disannexing several tracts of real estate on Parker Road. The disannexation was at the owners' request and based upon non-provision of sewer services. Due to an error in preparing the ordinance one of the tracts intended for disannexation was omitted from the list of those disannexed by the Ordinance. To correct the error it is necessary to pass an ordinance which amends Ordinance - 93-14 to include the description of the tract which was previously omitted. ALTERNATIVES: (1) Adopt Ordinance amending Ordinance 93-14 by including an additional tract in the property thereby annexed. (2) Consider such other corrective action as Council may deem appropriate. (3) Take no action. ACTION REQUESTED: Staff recommendation is for Council to adopt the proposed ordinance amending and correcting Disannexing Ordinance 93-14 by including an additional tract in disannexation. REVENUE SOURCES: EXPENDITURE ACCOUNTS: f( BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. C ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER y. MAP. PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: _ - CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF / ` CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL Ot CAA/ I MANAGER MEMORANDUM TO : City Counc i 7 FROM: Steve Deiter -10;,r SUBJECT : Parker Rod Disannexations DATE : May 19 , 199 ********************************************************************************* In March of 1993 the Council disannexed several tracts on Parker Road (approximately 30 acres) on the request of the owners of the properties. The disannexation was based on the non-provision of services since the 1987 annexation. When I prepared the disannexation ordinance I based the property descriptions on the tract map which the property owners submitted with their petition for disannexation. Unfortunately my reliance on their map, instead of the annexing ordinance resulted in an error which was discovered by Central Appraisal District as they were determining what property was no longer part of the City. The effect of the error was that only one of the two tracts owned by William Downs was disannexed. Disannexation of the remaining tract was requested and intended by the disannexing ordinance but technically not done. To correct the error I am proposing passage of a corrective ordinance whereby the additional tract, which should have been disannexed, will in fact be disannexed. I have prepared such an ordinance for Council's consideration and passage. The ordinance recites the basis for the disannexation and makes the disannexation act effective back to the March 1993 date of the previous disannexation. I acknowledge that the error was mine and regret the same. Thankfully it is one which can easily be corrected. Please do not hesitate to contact me should you have any questions or further concern on the matter. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 93-14, BY ADDING TO THE PROPERTY DISANNEXED BY SAID ORDINANCE, AN ADDITIONAL TRACT, WHICH WAS INADVERTENTLY OMITTED FROM THE DESCRIPTION OF THE TRACTS THEREIN DESCRIBED AND THEREBY DISANNEXED;CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY; REPEALING CONFLICTING PORTIONS OF OTHER ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has heretofore determined that certain properties, which were annexed under the authority of Ordinance No. 87-23 (Annexing Ordinance) were eligible for disannexation; and, WHEREAS, the City Council took action to disannex the said properties by adoption and passage of Ordinance 93-14 (Disannexing Ordinance), on the 9th day of March, 1993; and, WHEREAS, it was the Council's intent, in passage of the Disannexing Ordinance to disannex all of the properties annexed by the Annexing Ordinance, but notwithstanding such intent, the Disannexing Ordinance contained an error which caused less than all the property to be disannexed; and, WHEREAS, the Council has been made aware of the error in the Disannexing Ordinance and now desires to take corrective action to effect that which was its intent in passing the Disannexing Ordinance; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Ordinance 93-14 as heretofore passed and adopted by the City Council of the City of Wylie, be amended by including the following described real estate, to wit: Tract 40 out of the W. Penny Survey, Collin County Abstract No. 696, in the real estate therein disannexed from the City of Wylie. SECTION II That disannexation of the above described real estate, from the corporate limits of the City of Wylie, shall relate back to, and be effective from, the March 9, 1993 passage of the Disannexing Ordinance, with the same force and effect as if the tract had actually been included in said ordinance as intended. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of 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. 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of May, 1994. James D. Swartz Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 Y Orrp �Zku,tCe ilca-fere ORDINANCE NO. 3 - 7_`�-43 (-,,. ANaAN OF THE CITY OF WYLIE, TEXAS, DISANNEXING TRACTS 23 TRACT 24, TRACT 25, TRACT 28, TRACT 29, AND O g6, CONSISTIN32 OUT OPF THE ' , COLLIN COUNTY ABSTRACT APPROXIMATELY' PENNY SURCONTRACTING APPROXIMATELY 25 ACRES, FROM THE CITY OF OWY�ACCORDINGLY, THE CORPORATE UNDARIES OF THE CITY REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABLLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE basis, the following described property, WHEREAS, the City annexed, on an involuntary `� �� 4Cc� �1t�ecQ��c to wit: °�`"� `7 Abstract No. Tracts 23, 24, 25, 28, 29, and 32ut of the W. Penny Survey, Collin County 696, Collin County, Texas (herein referred to as the subject property) on or about the 12th day of May, 1987 by virtue of Ordinance No. 87-23, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the city from and after its annexation thereto, but the City has failed to provide municipal water andd ewer such roservite es to continues subjectthe property in the five and one half years following its annexation P o be without such service as of this date; and, WHEREAS, a majority of the owners of the subject property have filed a valid petition with eq the City Secretary requesting disannexation of the subject property from the City on the basis of the City's having failed to provide water and sewer services as aforesaid; and, WHEREAS, all requisites relative to consideration and granting of such request appear to specifically been complied with by the owners, spec y including without limitation publication of notice of such petition on the subject property and in the official City Newspaper, all as required by Section 43.141 of the Texas Local Government Code (LGC);and, ver WHEREAS, the aforesaid reequsites were coonplied o �th the egand e of said Petition oand two years ago but the City has not heretofore taken acts WHEREAS, the City has notified the owners of each of the tracts in the subject property said notice being in the of the City's intention to take action on�the�Petition eturn�e ptrenquested on the 1st day of _ form of an written notice mailed certified March, 1993; and, WHEREAS, the City has not recived any objections to the disannexation of the subject property following the giving of the notice specified in the previous ORDINANCE NO. a g" I t PAGE TWO NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property, as hereinabove described, and designated on the plat map attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II It is the intent of this ordinance to disannex all the aforesaid Tracts and in the event that any of the said Tracts have different dimensions this date than when annexed this Ordinance shall be effective as to that property currently contained in the various Tracts. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency, the above referenced Ordinances No. 87-23 and the territory annexed thereby shall be unaffected by the provisions hereof except as to the subject property herein described. , ORDINANCE NO. �3—l9 PAGE THREE DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of March, 1993. By S ��J O c i'J John W. Akin Mayor ATTEST: f 44e L/i�1 M Nichols V City Secretary Approved: TG/enl4 '4 Ste en P. Deiter City Attorney / .. • • _ t IT f' u.•. • L- w7wr .wwlwn • •ri • � . • / !LAKEVIEW MANORS . • r L�IKEVIEV( MANORS, 1►.W !T iUVEY • w>t -1stss r ,�.,.... 4 1S 20 21 • _tetEERIII • _� a:tvier CO;SuRVYI ..., t..,�er -4. • • rrr s,r•uo la.rr• M) 1 K • .rrinwirgli . - Zit • 11/491,r1- • ri". i- •' 4.,. ... gay.% . a r,/+ FM 24/ 8T •t• TAUETT iWiVSY • . A-O!0 gD _ • st<"0% yr UPS. SAY ..w.• •wu K.nut r:�ree— i 4.7.• arra% 4...w u�-WO au.. n. ra�r ,,� Ot WILLIAMS SURVEY • ill A.1021• 34 a•n ir•ra• 041-I t✓sw • I 8. SHELBY 8URVEY I .... . " CENTRAL. APPRAISAL DISTRICT t SCALE • 1' • 40b' ' Cf1I I IN COUNTY City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.- Purchasing Div. DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 5/18/94 Award of Bid- Annual Contract for Asphalt Overlay SUMMARY OF SUBJECT: The City's contract for asphalt street resurfacing has expired as of May 1. A bid solicitation has been advertised for a new one year contract and Apac-Texas is the lone bidder. The flat rate bid, which will remain firm for the term of the contract, is $ 34.50 per ton of asphalt laid. This is $ .41 per ton less than the previous rate and includes provision of all materials, labor and equipment required to complete the work as specified. The contract does not commit the City to any specific quantity of work, nor will any work be authorized without prior approval of Council. Approximately 5,600 tons of asphalt overlay have been budgeted for the current fiscal year, almost a third of which has been completed under the old contract. The remainder of the street program is scheduled for completion in June and July. Apac has been the City's asphalt paving contractor for the past year and has consistently performed all work in a satisfactory and timely manner. ALTERNATIVES: 1. Award the contract to Apac-Texas as bid. 2. Reject bid. ACTION REQUESTED: Staff recommendation is for Council to award bid to Apac-Texas for a one year contract to provide all materials, labor and equipment for asphalt overlay at a rate of $ 34.50 per ton. - REVENUE SOURCES: EXPENDITURE ACCOUNTS: Street Department Capital Outlay BUDGETED FISCAL YEAR(s): F.Y. 1994 ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL 123 RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY X PUBLIC WORKS SUPR. FIRE CHIEF . _ DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL 1 C ANA ER City of Wylie AGENDA COMMUNICATION `" SUBMITTED BY: Legal DIRECTOR: Steven P. Deiter DATE REFERENCE NO. SUBJECT 5/18/94 S Rezoning of Premises at 303 E. Marble - Retail to B-1 (Business) SUMMARY OF SUBJECT: The present tenant of the subject property, Wylie Muffler, has requested a change in the zoning classification from Retail to B-1 Business. The change would generally allow for a more intensive use of the property. The request has been considered by the Planning and Zoning Commission who have recommended to the rezoning to the City Council. The matter is before the Council for a decision on the request. Prior to deliberation and �i decision on the matter the Council needs to hold a public hearing to receive any comments on the requested change. Upon conclusion of the hearing the Council may grant the request by adopting the proposed ordinance or deny the request by a simple majority vote. I ! ALTERNATIVES: I (1) Grant the request and change the zoning classification from Retail to B-1 Business by adoption of an w. ordinance to effect. L (2) Decline the request by taking a vote to deny. (3) Table request pending receipt of additional information as requested by Council. IACTION REQUESTED: Staff recommendation pass ordinance granting request for change of zoning classification from Retail to B-1 gusiness, in accordance with recommendation of Planning and Zoning Commission. I REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • S ` CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. )C ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF ( CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL MANAGER MEMORANDUM TO : City Council FROM: Steve De i ter- N-wV SUBJECT : Rezoning o 303 E _ Marble DATE : May 18 , 1994 ********************************************************************************* The property located at 303 E. Marble is the premises where Chubb's Wrecker-Tire business was formerly located. The present tenant, Wylie Muffler (LeRoy Phillips) has filed an application to have the zoning classification changed from Retail to B-1. The change is necessary to allow the muffler shop occupancy and use of the property. P&Z has recommended that the request for the change be granted. They held a public hearing and considered the issue at their May 16, 1994 meeting. Apparently there was no opposition to the request. The matter is on to the council for final determination on the request for change in zoning classification. Prior to deliberating on the matter the Council will need to conduct a public hearing and entertain anyone present who desires to speak on the matter. At the conclusion of the public hearing the Council should determine whether or not to grant the requested change. If the decision is to grant the change the Council would do so by passing the ordinance provided in the packet material. If the council determines that the request should not be granted it should merely take a vote to deny the request. I would call the Council's attention to the last WHEREAS paragraph in the proposed ordinance where it states that the change is based upon at least one of the reasons for changes stated in Section 35.1 (copy attached) of the zoning ordinance which recites for what reasons a classification may be changed. All of which is necessary to insure that changes are not made on an arbitrary or "spot zoning" basis. I have included in the packet a copy of the public hearing notice, a map of the general area, the application for the change, and a listing of the uses (allowable and specified) in retail and B-1 categories. If the Council desires further information or background I would be happy to provide the same. It is my understanding that Russell Wyman, who has the first hand information on the issue, will be at the Council meeting to answer any questions that arise. cc: Steve Norwood, Russell Wyman ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION LOT 5, BLOCK 9 OF RAILROAD ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 303 E. MARBLE, FROM "R' RETAIL TO "B-1" BUSINESS; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A; AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property hereinafter described was, by adoption of Ordinance 85-23A, the comprehensive zoning ordinance, established as "R" Retail; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the "R" Retail zoning of the subject property, which it now enjoys; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "R" Retail to "B-1" Business; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the changed should be granted; WHEREAS, the City Council has determined, in its legislative capacity, that the proposed change is appropriate and in the best interest of the orderly development of the City in that it is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style or living, or manner of doing business, as required by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly described as 303 E. Marble, to wit: Lot 5, Block 5 of Railroad Addition to the City of Wylie, Collin County, Texas from "R" Retail to "B-1" Business. SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V 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 VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of 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 24thnd day of May, 1994. James D. Swartz Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney such building. Said certificate shall be issued SECTION 35 within ten (10) days after a written request for the SHANGES AND AMENDMENTS TO same has been made to said building inspector or ALL ZONING ORDINANCES AND his or her agent after the erection or alteration of DISTRICTS AND ADMINISTRATIVE such building or part thereof has been completed in PROCEDURES conformity with the provisions of this ordinance. § 34.3 Procedure for Vacant Land or a Change § 35.1 Declaration of Policy: The city declares in Use: Written application for a certificate of the enactment of these regulations governing the occupancy for the use of vacant land. or for a use and development of land. buildings, and change in the use of land or a building. or for a structures as a measure necessary to ie orderly change in a non-conforming use. as herein development of the community. Therefore, no provided, shall be made to said building inspector. change shall be made in these regulations or in the If the proposed use is in conformity with the boundaries of the zoning districts except: provisions of this ordinance, the certificate of occupancy therefore shall be issued within ten + IOr , I, To correct any error in the regulations or days after the application for same has been made. map. § 34.4 Contents: Every certificate of r2 To recognize changed or changing occupancy shall state that the building or the conditions or circumstances in a proposed use of a building or land complies with particular locality. all provisions of the building and fire laws and ordinances. A record of all certificates of ,„ To recognize changes in technology, the occupancy shall be kept on file in the office of the style of living. or manner of rdoing building inspector or his or her agent and copies business. shall be furnished on request to any person having proprietary or tenancy interest in the building or § 35.2 Authority to Amend Ordinance: The land affected. city council may from time to time. after receiving a final report thereon by the planning and zoning — § 34.5 Tem,porary Certificate: Pending the commission and after public hearings required by issuance of a regular certificate. a temporary law,amend. supplement. or change the regulations certificate of occupancy may be issued by the herein provided or the boundaries of the zoning building inspector for a period not exceeding six districts. Any amendment. supplement. or change .- 16J months. during the completion of alterations or to the text of the zoning ordinance may be ordered during partial occupancy of a building pending its for consideration by the city council, be initiated completion. Such temporary certificates shall not by the planning and zoning commission. or be .. be construed as in any way altering the respective requested by the owner of real property or the rights. duties. or obligations of the owners or of authorized representative of an owner of real the city relating to the use or occupancy of the property. premises or any other matter covered by this ordinance. § 35.3 Public Hearing and Notice: Prior to making its report to the city council. the planning § 34.6 Certificates for Non-conforming Uses: and zoning commission shall hold at least one A certificate of occupancy shall be required for all public hearing on each application. Written notice lawful non-conforming uses of land or buildings of all public hearings on proposed changes in created by adoption of this ordinance. Application district boundaries shall be sent to all owners of for such certificate of occupancy for a non- propert\. or to the person rendering the same for conforming use shall be filed with the building city taxes. located within the area of application inspector by the owner or lessee of the building or and within two hundred feet 200' of any propem land occupied by such non-conforming use within affected thereby_ within not less than ten 10) days one i 1! year of the effective date of this ordinance. before such hearing is held. Such notice may be It shall be the duty of the building inspector to ,er.ed using the last known address as listed on issue a certificate of occupancy for a lawful non- "e .2it'• :a.'c roil and det'ositin_ •he m c•e._ posta�-.- onforming use. hut failure to apvi'. for such :aid. in the IThited Suites maid ` t1,:e .)r herein_ :erttticate of occupancy for a non-conforming_ a,.: n ?riro'.ed change' .n the t 'he zonin_ mall be e‘idence that said nen-conforming -e .,.a.. rdinance ;hail he .:,._ ,meiishea 5:. 'tie pubiteanl r _itner illegal or di, not lawtuil% :Y.,: ,'r ies• :ha.r1 fifteen Ia:,s _'tier rtlereto in the r.eeu••e date of this .-•rainanee. lz•.A:parer ot the :in- `otices tor the Pace ;. Supp. No. 1 public hearing before the city council will also be commission shall be forwarded to the published at the same time notice of the planning council for setting and holding of public and zoning commission meeting is published. hearing thereon. No change. however. shall become effective until after the § 35.4 Commission Consideration and Report: adoption of an ordinance for same and its The planning and zoning commission. after the publication as required by law. public hearing is closed, shall prepare its report and recommendations on the proposed change stating (2) Proposal Recommended for Denial: its findings, its evaluation of the request and of the When the planning and zoning relationship of the request to the comprehensive commission determines that a proposal plan. The planning and zoning commission may should be denied, it shall so report and defer its report for not more than ninety (90) days recommend to the council and notify the until it has had opportunity to consider other applicant. When a proposed zoning proposed changes which may have a direct bearing request is heard by the city council that thereon. In making its determination. the planning has been denied by the planning and and zoning commission shall consider the zoning commission. a three-fourths (3.'41 following factors: majority vote by the city council shall be required for approval. A request (l) Whether the uses permitted by the which has been denied by the planning proposed change will be appropriate in and zoning commission and/or city the immediate area concerned and their council may be resubmitted at any time relationship to the general area and the for reconsideration by the city (a new city as a whole. filing fee must accompany the request). The planning and zoning commission Whether the proposed change is in accord and/or city council may deny any request with any existing or proposed plans for with prejudice. If a request has been providing public schools, streets, water denied with prejudice the request may not supply, sanitary sewers and other be resubmitted to the city for one (I) utilities to the area and shall note the year from the original date of denial. findings. (3) Council Hearing and Notice: Notice of (3) The amount of vacant land currently city council hearing shall be given by classified for similar development in the publication at the same time notice is vicinity and elsewhere in the city. and given for the planning and zoning any special circumstances which may commission public hearing in the make a substantial part of such vacant official newspaper of the city. stating the land unavailable for development. time and place of such hearing. which shall be at least fifteen (15) days after the The recent rate at which land is being date of publication. developed in the same zoning classification as the request. particularly 4l Three-Fourths Vote: A favorable vote of in the vicinity of the proposed change. three-fourths (3/4) of all members of the city council shall be required to approve How other areas designated for similar any change in zoning when written development will be. or are unlikely to objections are received which comply be.affected if the proposed amendment is .With the provisions of the state laws approved. and whether such designation commonly referred to as the "twent for other areas should be modified also. percent (20g) rule.- If a protest against such proposed amendment. supplement 6, .Any other factors which will change has been filed with the cit, substantially affect the health. safety. ecretarv, duly signed and acknowledge : morals or general welfare. v the owners of twenty percent 20 _ : more. either of the area .)1: the ? 35.5 Council Co'.nslderaticr'. ..., uded :r.. such 1 proposed change nose immediately adjacent to the are.: Proposal Recommend.:: :cr Appr: .. _hereof extending two hundred feet,.2(Y` =v-er, proposal which :s .ecommende.: -nerefrom or of those directly opposite '1v,)rable he piann r_ and t 'n;n_ •nereto extending two hundred feet 12(X) ?a,_,_ Supp. No. 1 the rear property line to provide a (4) Laboratory,medical or dental. barrier between the adjoining use. (5) Office.general. (d) Special Side or Rear Yard Requirement: When a non- (6) Optical shop. residential zoned lot or tract abuts upon a zoning district boundary (7) Studio.art. music, drama. speech. line dividing the lot or tract from a residentially zoned lot or tract, a (8) Letter and mimeograph shop. minimum side yard of ten feet(10') shall be provided on the non- (9) Garden shop and plant sales, inside. residential property. A masonry or wood wall having a minimum (10) Veterinarian office.no hospital. height of six feet (6') above the average grade of the residential ill) Florist shop. property shall be constructed on the non-residential property adjacent to ' 12 Antique shop.enclosed. the common side (or rear) property line. (13) Bakery or confection shop.retail. (2) Size of Lot: (14) Barber or beauty shop. )a) Lot Area: None ) 15) Book.camera or card shop. b) Lot Width: None ) 16) Clothing and apparel store. c) Lot Depth: None (17) Cleaning and laundry pick-up station. (3) Lot Coverage: In no case shall more (18) Discount.variety or department store. than forty-five percent (45%) of the lot (19) Drug store. area be covered by buildings. (20) Drapery.needlework or weaving shop. § 16.4 Parking Regulations: Off-street parking and loading shall be provided as set forth in 21) Supermarket. Section 24. SECTIO` 17 (22) Furniture and appliance. ••R" — RET4IL DISTRICT 23) Handicraft or hobby shop. REGULATIONS (24) Key shop. General Purpose and Description: The "R" retail 25) Laundry or dry cleaning.self service. district is intended for neighborhood shopping facilities which provide limited business service •26 Health studio. and office facilities predominantly for the convenience of residents of the community. :- Paint. wallpaper and hardware. § 17.1 Use Regulations: A building or premise 2,-.0 Personal service shop. shall be used only for the following purposes: _a; Photography studio. 1• Any use permitted in "O" :office district. Shoe repair. Banks or ti'.,n'dj anc ;Cans 'x • y.: thru <,<Laurant medi:a: r ce^:a. = et rentai :nside -)ni% Page 1h Supp. No. 1 (33) Auto parts and accessories.new. (b) That required yards not be used for display, sale or storage of merchandise. (3.4) Medical appliances, fitting & sales. or for the storage of vehicles,equipment. containers or waste material. (35) Bus pickup point. (c) That all merchandise be sold at (36) Motion picture theater,indoor. retail on the premises. (37) Hotel or motel. (d) That such use not be objectionable because of odor, excessive light. smoke. (38) Public buildings including fire stations dust, noise, vibration or similar and library. nuisance. )39) Private or business radio tower. The following specific uses when granted in accordance with Section 23: 40. Water reservoirs. pumping plants and yells. (I) Heliport. (41) Telephone or utility business office. 2) Broadcasting facilities,radios. television. or microwave tower. )42) Telephone exchange. switching and transmitting equipment. (3) Cemetery or mausoleum. 143 Sewage pumping or lift station. (4) School.commercial.trade or craft. (44) Church synagogue or rectory. (5) Golf course.public or private. (45) School. private or public. (6) Private club. serving alcoholic beverages. 46, Day nursery,or child care center. (7) Rodeo or other sports arena. (47) Hospital. (8) Commercial amusements. indoor or 148 Lodge or fraternal organization. outdoor. Nursing home or residence home for 3 17.2 Height Regulations: No building shall aged• exceed one hundred feet (100'). except coolin; towers, roof gables. chimneys, vent stacks or 50, Electrical transmission lines and mechanical equipment rooms may project. not to substation. exceed twelve feet(12')beyond maximum building height. (51i Health/fitness centers. 17.3 Area Regulations: 52, Public swimming pools. indoor/outdoor. 1 Size of Yards: 53 Radio.television. appliance shop. a) Front Yard: Minimum require: a Car wash. setback. twenty-five feet (25') measure_ L Other general retail sales of similar from front property line. Accessor. nature and character provided that the buildings shall have a sixty foot front yard. ..-.. business establishment is subject to the following conditions: •b, Side Yard: •Ad)acent try: That :t 'De :onducte. x hotly within •1ifferent use proper[_. 'me minim_- enclosed �utldir._. :-Nuired. ten feet Rear Yard: A dedicated alle on•.ate drive shall be required behind eaL Pace 1 Supp. No. I lot or tract and the minimum rear yard (1) Use permitted in the"R"retail district. setback shall be twenty feet (20') for any building or structure. When an alley is (2) Gasoline service station or car care not required. a masonry or wood wall of center. a minimum height of six feet (6') shall be constructed adjacent to the rear (3) Mortuary or funeral home. property line to provide a barrier between the adjoining use. (4) Feed store. (d) Special Side or Rear Yard (5) Restaurant with drive-in service. Requirement: When a non-residential zoned lot or tract abuts upon a zoning (6) Secondhand, furniture.clothing store. district boundary Line dividing the lot or tract from a residentially zoned lot or (7) Quick service food or beverage shop. tract, a minimum side yard of ten feet 10') shall be provided on the non- :8, Reserved for future use.) residential property. A masonry or wood wall having a minimum height of six (9) Auto glass. muffler and seat cover. feet (6') above the average grade of the residential property shall be�constructed 1 10) Automobile or motorcycle sales(indoor). on the non-residential property adjacent to the common side (or rear) property i 11) Building materials sales. line. (12) Lawn equipment repair. (2) Size of Lot: 13 t Radio. tv or microwave tower. (a) Lot Area: None (14) Ltd. warehousing & distribution. (b) Lot Width: None (15) Pest control business. (c) Lot Depth: None The following specific uses when granted in (3) Lot Coveraje: in no case shall more accordance with Section 23: than forty-f:' e percent -5y'c) of the lot 1) Heliport. area be covered by buildings. p° 2( Cemetery. 17.4 Parking Regulations: Off-street parking and loading shall be provided as set forth in (3.) Commercial amusements, indoor or Section 21. outdoor. 4) Golf course.public or private. SECTION 18 •B-I" — BUSINESS DISTRICT i5 Private club. serving alcoholic REGULATIONS beverages. •h, Open storage. fenced. General Purposes and Description: The "B-1"business district is intended predominantly for _, Rodeo or other sport .arena. commercial activities of service nature which typically have operating characteristics (limited Outside plant sales. retail •)niv- outside or open storage or traffic service requirements of greater :ntens:t.• than eta. e and seed store. ,z.,t� -crs(de shopping and resident:ai env-ronn-_nts Reguianon 18.1 ijse pr..rn1'- - Pt T `eet i.c ,t l(n_ :hall be used only for Ine f i1. x r= ?urpose ?age Supp. No. 1 towers, roof gables. chimneys, vent stacks or § 18.4 Parking Requirements: Off street mechanical equipment rooms may project not to parking requirements shall be provided in exceed twelve feet(12') beyond maximum building accordance with Section 24. height. § 18.3 Area Regulations: SECTION 19 "B-2" — BUSINESS DISTRICT (I) Size of Yard: REGULATIONS (a) Front Yard: Minimum required setback. twenty feet (20'). Accessory General Purpose and Description: The "B-'_" uses must be set back a minimum of business district is intended to provide a zoning sixty feet (60'). category similar to the"B-I"district with additional uses permitted which are not generally carried on !b) Side Yard: (Adjacent to a street or completely within a building or structure and an different use property line!: Minimum expanded range of service and repair uses. required. ten feet! 10'). § 19.1 Use Regulations: A building or premise (c) Rear Yard: A dedicated alley or shall be used only for the following purposes: private drive shall be required behind each lot or tract and the minimum rear yard (U Uses permitted in the "B-1" business setback shall be twenty feet(20') for any district and"R"retail district. building or structure. When adjacent to or abuts a residential use a masonry or (2) Public or private utility shop and maint. wood wall of a minimum height of six feet (6') shall be constructed adjacent to (3) Public & private amusements (see the rear property line to provide a barrier exceptions). between the adjoining use. (4) Animal clinic or hospital with outside (d) Special Side or Rear Yard runs. Requirement: When a non-residential zoned lot or tract abuts upon a zoning (5) Plant nursery or greenhouse. district boundary line dividing the lot or tract from a residentially zoned lot or ,6l Kennels with outside run. tract. a minimum side yard of ten feet 10') shall be provided on the non- 'i Tool and trailer rental.outside storage. residential property. A masonry or wood wall having a minimum height of six (8i Automobile or motorcycle sales. new or feet (6') above the average grade of the used. residential property shall be constructed on the non-residential property adjacent (9) Automobile repair garage. to the common side or rear) property line. 10( Automobile painting or body shop. Size of Lot: I I Automobile storage or sales lot. •ai Lot Area: None ::, Mobile home sales. •b Lot Width: None • 13, Truck parking lot or garage. • Lot Depth: None 14, Swimming pool. :ommercia ut<idc Lot Cov;rage: n,. .a;c •hali m r 3Li• terminal. than fifty percent -`rlc r.he iot area 'e �:�yered b� �UI1QIn3 _ Dr, �:eanin_' Diana -r .iunt?r. n'dine ?r m,k for repair Page ;4 Supp. No. 1 A\k\\C\\I\ .. ,_ .0,. ., Page 1 of 2 (5/93) ... CITY OF WYLIE P.O. BOX 428 Wylie, TX 75098 APPLICATION FOR ZONING CHANGE w Case No. Filing Fee 1 ..:119 Date 131 qq Applicant 1/1J1 lie Ken Phone No. Leroy "phi ti PS ��- ql� � Mailing Address: Work No. --7(,i LA)_ ki rki wy Iff , TX( --io LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached ... hereto.)1 Lot. 5 3\v q IRt i I VO0 $IQL o l • 303 E. 1\-4oykEC I hereby request th t the above described property be changed from its present zoning which is District Classification to 3- I District Classificationfor the following reasons: (attach separate sheet if necessary) There (are) (-re no •eed restrictions pertaining to the intended use of the property. Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Sig 110 CITY OP WYLIE 2000 HWY.78N.-P.O.BOX 428 WYLIE.TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE hearing on Monday, May 16, 1994 at 6:3C The Planning and Zoning Commission will hold a public24, 1994 at 7:00 p.m. in the p.m. and the City Council will hold a public hearing on Tuesday, May 78 North, tc Chambers in the Wylie Municipal Complex located at 2000 Highway City Council eat 303 E. Marble from "R' consider approvals of a request from Leroy Philips for zone Chang (Retail) to "B-1" (Business) and further described Lot 5 Block 9 of the Railroad Addition property owner, you are encouraged to attend this meeting or notify th As an interested prop y returning the form below Commission of your feelings regarding this matter in writing by RE: PZ/CC - L. Philips Building Official Return this form to: Russell O BoWyman, lie, Texas 75098 Li I am in favor of the request for the reasons listed below Li I am opposed to the request for the reasons listed below 1. 2 3. Signature Printed Name Address i GLENIS , - DI':ONI .185 AC. • CITY - 1155110" fAP00 392.73' 57 76' 245.29' II • II �• � • . 1 GG. 4roimer J � - � • N G 1;Aan V-eelmer • 4'1 • , -' 4 - in M X' �1 2iii a) �-J.C. KREYMER • 5'' .238 AC. • 56.12 r. 247.06' • `� e . w BILL KREYMER J.C. �� : .30 AC. KREYMER w in .27, AC 187 An' - 20' IN id1/0125 160 160 135 150 12 70' 12 0 10 , 1 10 I cca .t 1�D 10 I 9 2 9 2 • • : 9 2 9 2 __ 88 O 3 8 3to B n 3 4 7 4 r I9 2/ - i 7 4 7 4 T ,• 7 5 6 Water q0 5 5 5 • 6 1 ISO 125 125. 12 Sewer =___— 160�— _. ,� ,' ,�� STREET ram- Easement' ♦,. F- I 1 / .c�,� W io ID in 'a ! 76 ' ,�P "- 10 .. c.-s: OTasO2 vJr 43 lin O 2 !— `° '- ••• 1— op- 3 N:0": ta_�, gv� its 3 N N 7 3 - M / 74, N • 85' 60 t25' ,'3ci STREET ° B• do 7a IS t� rn 70' 270'' - 1' Ba It 2 - ik, W- J.1.1 - - __mi1+ 193 Oz.-- 1 is • N la le) r 1� 6 - f�'� T - 4 - City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P. Defter DATE REFERENCE NO. SUBJECT 5/18/94 ( Amendment to Zoning Regulations Allowing Fabrication in B-2 SUMMARY OF SUBJECT: The Council has the authority to make amendments to the text of the zoning ordinance, as it deems appropriate, after P& Z has considered the issue, and public hearings on the proposed change have been held. The change being brought forward to the Council adds "light fabrication and assembly" as one of the specified allowable uses in the B-2 Business classification. The matter is before the Council for a decision on the proposed change. P & Z is recommending that the amendment be approved by the Council. Prior to deliberation and decision on the matter the Council needs to hold a public hearing to receive any comments on the requested change. Upon conclusion of the hearing the Council may grant the proposed amendment by adopting the proposed ordinance or deny the request by a simple majority vote. I ALTERNATIVES: (1) Grant the proposed change to the Zoning Ordinance by making Light Fabrication and Assembly allowable uses in the B-2 Business zoning classification by adoption of an ordinance to effect. (2) Decline the proposed amendment by taking a vote to deny. (3) Table request pending receipt of additional information as requested by Council. jjACTION REQUESTED: Staff recommendation is to pass ordinance amending the zoning ordinance by addition of 'Light Fabrication and Assembly" as one of the allowable uses in B-2 Business-zoning classification. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 S CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: �C BACKGROUND MEMO MINUTES LETTER C.I.P. ;C ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES X LEGAL REVIEWED BY: -• CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR.OF PLANNING/ENG. UBRARY DIRECTOR POUCE CHIEF y CITY ATTORNEY . PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL MANAGER MEMORANDUM TO : City Counc i 7 FROM: Steve Dei ter- SUBJECT : Amendment To Zoning Ordinance - Adding Light Fabrication and Assembly to B-2 Business DATE : May 18 , 1994 ********************************************************************************* The Council has authority to amend the text of the zoning ordinance, as it deems, appropriate, if certain procedures are followed. The procedures generally consist of public hearing and consideration at the P & Z level, followed by a public hearing and determination at the Council level. P & Z conducted its public hearing on May 16, 1994 and is recommending the proposed change to the Council for passage. I do not know the stimulus for making the change, other than the general result of increasing the allowed uses in the B-2 category. However it is my understanding that Russell Wyman, who is more familiar with the matter, will be present to answer questions and further advise the Council at the time of the meeting. I have attached a copy of the presently allowable and specific uses in the B-2 classification. In the general scheme of things with agricultural and residential being the least intensive use and industrial being the most intensive use, B-2 is next to industrial, so it is a fairly heavy use. The change would be effected by adoption of the proposed ordinance, a copy of which is attached for your review. If the Council determines to not make the amendment a simply vote to deny is all that is necessary. The code provision dealing with changes to the text of the zoning ordinance is set out in Section 35 of the Zoning Ordinance, a copy of which is provided for your review. cc: Steve Norwood Russell Wyman POSSIBLE AMENDMENT TO ALLOWED USES WITHIN THE B-2 ZONING DISTRICT LIGHT FABRICATION AND ASSEMBLY PROCESS FACILITIES FOR THE MANUFACTURE, FABRICATION, PROCESSING, OR ASSEMBLY OF PRODUCTS; PROVIDED THAT SUCH FACILITIES ARE COMPLETELY ENCLOSED WITHIN A STRUCTURE NOT EXCEEDING 8,000 S.F. AND PROVIDED THAT NO EFFECTS FROM NOISE, SMOKE, GLARE, VIBRATION, FUMES OR OTHER ENVIRONMENTAL FACTORS ARE MEASURABLE AT THE PROPERTY LINE. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY AMENDING SECTION 19.01 SO AS TO ADD LIGHT FABRICATION AND ASSEMBLY PROCESS FACILITIES AS A PERMITTED USE IN "B-2" BUSINESS DISTRICTS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has the authority to amend the City's Zoning Ordinance, under section 34.2 thereof; and, WHEREAS, the Planning and Zoning Commission, after first giving all requisite notices and having all requisite hearings, has made recommendations concerning enactment of the hereinafter specified amendments to the Zoning Ordinance; and, WHEREAS, the City Council has held a public hearing with respect to all of the proposed changes, after first giving all requisite notice thereof; and, WHEREAS, the City Council has determined that the proposed changes are in keeping with the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 19.01 ("Use Regulations for "B-2" Business District Regulations"),of the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code be, and the same hereby is, amended as follows, by addition of the following as one of the permitted uses therein enumerated: "Light fabrication and assembly process facilities for the manufacture, fabrication, processing, or assembly of products; provided that such facilities are completely enclosed within a structure not exceeding 8,000 square feet, and provided that no effects from noise, smoke, glare, vibration, fumes or other environmental factors are measurable at the property line." SECTION II Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of 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 24th day of May, 1994. By James D. Swartz Mayor 2 ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 such building. Said certificate shall be issued SECTION 35 within ten 110) days after a written request for the S'HANGES AND AMENDMENTS TO same has been made to said building inspector or ALL ZONING ORDINANCES AND his or her agent after the erection or alteration of DISTRICTS AND ADMINISTRATIVE such building or part thereof has been completed in PROCEDURES conformity with the provisions of this ordinance. _ § 34.3 Procedure for vacant Land or a Change § 35.1 Declaration of Policy: The city declares in Use: Written application for a certificate of the enactment of these regulations governing the occupancy for the use of vacant land. or for a use and development of land. buildings, and change in the use of land or a building, or for structures as a measure necessary to .le orderly change in a non-conforming use, as herein development of the community. Therefore. no provided. shall be made to said building inspector. change shall be made in these regulations or in the If the proposed use is in conformity with the boundaries of the zoning districts except: provisions of this ordinance. the certificate of occupancy therefore shall be issued within ten 1 I() 1, To correct any error in the regulations or days after the application for same has been made. map. § 34.4 Contents: Every certificate of To recognize changed or changing occupancy shall state that the building or the conditions or circumstances in a proposed use of a building or land complies with particular locality. _, all provisions of the building and fire laws and ordinances. A record of all certificates of _ To recognize changes in technology. the occupancy shall be kept on file in the office of the style of living. or manner of doing building inspector or his or her agent and copies business. `"' shall be furnished on request to any person having. proprietary or tenancy interest in the building or § 35.2 Authority to .Amend Ordinance: The land affected. city council may from time to time. after receiving ... a final report thereon by the planning and zoning § 34.5 Temporary Certificate: Pending the commission and after public hearings required by issuance of a regular certificate. a temporary law. amend, supplement. or change the regulations certificate of occupancy may be issued by the herein provided or the boundaries of the zoning — building inspector for a period not exceeding six districts. Any amendment, supplement. or change 6 months. during the completion of alterations or to the text of the zoning ordinance may be ordered during partial occupancy of a building pending its for consideration by the city council. be initiated completion. Such temporary certificates shall not by the planning and zoning commission. or he be construed as in any way altering the respective requested by the owner of real property or the rights. duties. or obligations of the owners or of authorized representative of an owner of real the city relating to the use or occupancy of the property. premises or any other matter covered by this ordinance. § 35.3 Public Hearing and Notice: Prior to making its report to the city council. the planning § 34.6 Certificates for Non-conforming Uses: and zoning commission shall hold at least one "" .A certificate of occupancy shall be required for all public hearing on each application. Written notice lawful non-conforming uses of land or buildings ,f all public hearings on proposed changes in created by adoption of this ordinance. .Application district boundaries shall be sent to all owners of for such certificate of occupancy for a non- property. or to the person rendering the same for conforming use shall be filed with the building :it:- taxes. located within the area of application inspector by the owner or lessee of the building or and ,x;thin two hundred feet i 200 of any proper.', land occupied by such non-conforming use within affected thereby. within not less than ten , 10 iay, one (1) year of the effective date of this ordinance -tore such hearing is held. Such notice ma' It shall be the duty of the building inspector to •_r.ec �. using the last known address as listed - issue a certificate of occupancy for a ia'xful non- __ _. '. :ax 71'11 and Jet•o ttin; :he notice. pe,:ta__ conforming use. but failure to appi :or ;ucn _.:.,. .,. :ne :_n::ed State< mail \oticc of hearer_ `. •certificate of occupancy for a non-conformiy_; a'_ - "r ro ci'd ,:n.ane, .r, the r :he zonin_ shall be evidence that said non-:onforrnI i_ 1• - ;hail e accorn ii het -,ne nuhiicati�'r either illegal or did not la•.rulo.. - tnan fifteen day; :nor thereto in the effective date of this ordinance ....::a newspaper :ne .:it. Notices tor the Pa_'� ' - Supp. No. 1 public hearing before the city council will also be commission shall be forwarded to the published at the same time notice of the planning council for setting and holding of public and zoning commission meeting is published. hearing thereon. No change. however. shall become effective until after the § 35.4 Commission Consideration and Report: adoption of an ordinance for same and its The planning and zoning commission, after the publication as required by law. public hearing is closed,shall prepare its report and recommendations on the proposed change stating (2) Proposal Recommended for Denial: its findings, its evaluation of the request and of the When the planning and zoning relationship of the request to the comprehensive commission determines that a proposal plan. The planning and zoning commission may should be denied, it shall so report and defer its report for not more than ninety (90) days recommend to the council and notify the until it has had opportunity to consider other applicant. When a proposed zoning proposed changes which may have a direct bearing request is heard by the city council that thereon. In making its determination. the planning has been denied by the planning and and zoning commission shall consider the zoning commission. a three-fourths(3/4) following factors: majority vote by the city council shall be required for approval. A request (1) Whether the uses permitted by the which has been denied by the planning proposed change will be appropriate in and zoning commission and/or city the immediate area concerned and their council may be resubmitted at any time relationship to the general area and the for reconsideration by the city (a new city as a whole. y filing fee must accompany the request). The planning and zoning commission 2; Whether the proposed change is in accord and/or city council may deny any request with any existing or proposed plans for with prejudice. If a request has been providing public schools. streets. water denied with prejudice the request may not supply. sanitary sewers and other be resubmitted to the city for one (1) utilities to the area and shall note the year from the original date of denial. findings. (3) Council Hearing and Notice: Notice of (3) The amount of vacant land currently city council hearing shall be given by classified for similar development in the publication at the same time notice is vicinity and elsewhere in the city, and given for the planning and zoning any special circumstances which may commission public hearing in the make a substantial part of such vacant official newspaper of the city. stating the land unavailable for development. time and place of such hearing, which shall be at least fifteen 15)days after the 4 The recent rate at which land is being date of publication. developed in the same zoning classification as the request. particularly 4t Three-Fourths Vote: A favorable vote of in the vicinity of the proposed change. three-fourths (3/4 of all members of the city council shall be required to approve 5i How other areas designated for similar any change in zoning when written development will be. or are unlikely to objections are received which comply be.affected if the proposed amendment is vith the provisions of the state laws approved. and whether such designation commonly referred to as the "twenty for other areas should be modified also. percent (20q) rule." f a protest against such proposed amendment. supplement Any other factors which will :)r change has been filed with the .tt substantially affect the health. safety. ecretarv. duly signed and ac}.-nowledge:c morals or general welfare. - :he owners of twenty percent 20 - more. :ether f :he area 2f the j 35.3 Council C4nstderaucn _uded :n ;ucn a cr cosed .hinge - 'n oe :mmedtatei. ad!acent to the area Proposal Recommended tor .Appro%ai hereof extending ..xo hundred feet .200.. Every proposal which is recommended :nererrom ot :hose directly opposite favorable b the olannin_ and zoningnereto extending Iwo hundred feet ,2(X)'. Page 52 Supp. No. I towers. roof gables. chimneys, vent stacks or § 18.4 Parking Requirements: Off street mechanical equipment rooms may project not to parking requirements shall be provided in exceed twelve feet(12')beyond maximum building accordance with Section 24. height. § 18.3 Area Regulations: SECTION 19 "B-2" — BUSINESS DISTRICT (1) Size of Yard: REGULATIONS (a) Front Yard: Minimum required setback. twenty feet (20'). Accessory General Purpose and Description: The "B uses must be set back a minimum of business district is intended to provide a zoning. sixty feet (60'). category similar to the"B-1"district with additional uses permitted which are not generally carried on lb) Side Yard: (Adjacent to a street or completely within a building or structure and an different use property line): Minimum expanded range of service and repair uses. required.ten feet(10'). § 19.1 Use Regulations: A building or premise (c) Rear Yard: A dedicated alley or shall be used only for the following purposes: private drive shall be required behind each lot or tract and the minimum rear yard (1 H Uses permitted in the "B-1" business setback shall be twenty feet (20') for any district and"R"retail district. building or structure. When adjacent to or abuts a residential use a masonry or 2) Public or private utility shop and maim. wood wall of a minimum height of six feet (6') shall be constructed adjacent to (3) Public & private amusements {see the rear property line to provide a barrier exceptions). between the adjoining use. (4) Animal clinic or hospital with outside (d) Special Side or Rear Yard runs. Requirement: When a non-residential zoned lot or tract abuts upon a zoning (5) Plant nursery or greenhouse. district boundary line dividing the lot or tract from a residentially zoned lot or 6) Kennels with outside run. tract. a minimum side yard of ten feet 10') shall be provided on the non- -! Tool and trailer rental.outside storage. residential property. A masonry or wood wall having a minimum height of six (8) Automobile or motorcycle sales. new or feet (6') above the average grade of the used. residential property shall be constructed on the non-residential property adjacent (9) Automobile repair garage. to the common side (or rear) property line. 101 Automobile painting or body shop. 2) Size of Lot: 1 Automobile storage or sales lot. a) Lot Area: None • 12 Mobile home sales b) Lot Width: None 1 Truck parkin,/ lot or garage. Lot Depth: None Swimming pa 1. c,comer::L sue Lot Coverage: [n n .ase ;Hall mcr_ Sus :e'rtu!a, Than fifty percent-c(,c. f the iot ares - �yered h� hu!idin_ Dr. ::ean!n_ plant n.r !nc' 'r n i''r page ! Supp. No. 1 (18) Machinery sales. (c) Rear Yard: A dedicated alley or private drive shall be required behind each (19) Machine or welding repair shop. lot or tract and the minimum rear yard setback shall be twenty feet (20') for any (20) Vehicle rental business. building or structure. When adjacent to or abutting a residential use. a masonry (21) Lumberyard. or wood wall of a minimum height of six feet(6') shall be constructed adjacent (22) Maintenance or contractor yard. to the rear property line to provide a barrier between the adjoining use. (23) Tennis courts,commercial. (d) Special Side or Rear Yard (24) Plumbing. heating & air conditioning Requirement: When a non-residential shops. zoned lot or tract abuts upon a zoning district boundary line dividing the lot or (25) Mini or convenience warehouse. tract from a residentially zoned lot or tract. a minimum side yard of ten feet i26) Bowling alleys. (10') shall be provided for on the non- residential property. A masonry or wood The following specific uses when granted in wall having a minimum height of six accordance with Section 23: feet (6') above the average grade of the Airport. heliport or landing field. residential property adjacent to the 1) ''�° p° common side (or rear)property line. (2) Cemetery or mausoleum. i,_> Size of Lot: (3) Commercial amusement, indoor or outdoor. (a) Lot Area: None (4) Golf course. private or public. (b) Lot Width: None (5) Private club, serving alcoholic (c) Lot Depth: None beverages. (3) Lot Coverage: In no case shall more (6) Rodeo or other sports arena. than fifty percent (50%)of the lot area be covered by buildings. ) Theater.drive-in. § 19.4 Parking Requirements: Off street (8) Animal pound. public or private. parking requirements shall be provided in accordance with Section 24. § 19.2 Height Regulations: One hundred feet (100')or height permitted under floor area ratio(see SECTION 20 floor area ratio). — INDUSTRIAL DISTRICT § 19.3 Area Regulations: • 1 i Size of Yard: General Purpose and Description: The industrial district is intended to provide for commercial and (a) Front Yard: Minimum required set- manufacturing uses. back twenty feet (20'). Accessory uses must be set back a minimum of sixty § 20.1 Use Regulations: The following use feet(60'). .ire permitted in the district. provided that su." manufacturing or industrial operation shall _ 11i Side Yard 'adjacent to a street `r inseminate .just. fumes. 21s. noxious .)d, property line): Minimum required. Smoke. -'fare• or other atmospheric :ntluenc_ feet 10' hey and the hiundanes of the property. in addiuor -uch u>e half produce no noise exceeding. ntens:t'. at :he houndarn of the property. the Paue Supp. No. l City of Wylie AGENDA COMMUNICATION w. SUBMITTED BY: Legal DIRECTOR: RtevPn P fPiter DATE REFERENCE NO. SUBJECT 5/18/94 / Consideration of Replat of 5 Lots Wyndham Estates II SUMMARY OF SUBJECT: Due to a surveying error the house constructed at 1400 London (Lot 3, Block H, Wyndham Estates Phase II) was located only 2.4 feet from the side lot line. The City zoning regulations require a side lot of 6 feet in SF-3 zoning classifications. To correct the error the developer is proposing to deed the property owner another 10 feet of property from the adjacent lot, resulting in an acceptable 12.4 feet side yard. In order to give up the 10 feet, and at the same time keep the "borrowed from lot" wide enough to construct an appropriately sized residence, it is necessary to borrow from an additional three lots changing width dimensions of five lots total. The replat is the method by which the lot dimensions are changed and it must be approved by P & Z and the --I Council. P & Z has approved the replat, conditioned on transfer of the 10 feet strip. The matter is on to the Council for consideration/approval of the proposed replat. ALTERNATIVES: (1) Approve replat with condition that approval is not effective until transfer of property from developer to owner is effected. (2) Approve replat with such other condition(s), or unconditionally, as council deems appropriate. (3) Decline to approve the proposed replat. ACTION REQUESTED: Staff recommendation is for Council to approve the Replat for Lots 3 - 7, in Block H of Wyndham Estates Addition Phase-II, with the condition that the approval be effective only upon transfer of 10 feet of existing Lot 4 to present owner of Lot 3. 1 - - REVENUE SOURCES: EXPENDITURE ACCOUNTS: N \ rvi BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: x BACKGROUND MEMO MINUTES LETTER / C.I.P• X- ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES 7 LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POUCE CHIEF y CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL iVIA/\MANAGER MEMORANDUM TO : City Council FROM: Steve Deiter SUBJECT : Rep7at of 5 Lots , Wyndham Estates Phase II DATE : May 18 , 1994 ********************************************************************************* At the time the house at 1400 London Drive (Wyndham Estates) was laid out and constructed an error was made in the location of the house on the lot. The result was that the house was constructed too near (2.4 feet) the lot line to meet the side yard set back of 6 feet, which is required for the SF-3 zoning in which the house is located. Attached for your review and consideration relative to the matter are the notice of the public hearing, a copy of the plat which will result if the replat is approved, and a copy of the survey of the subject lot 3 showing present lot lines and improvements relative thereto. The error was actually made by the Richard Lane Homes' (Lane) surveyor. Resolution of the error is a matter between the developer, as seller, and Todd Petersen, as purchaser. In their attempts to resolve the matter they have proposed, and at least tentatively agreed, that Lane will give Petersen another 10 feet from the adjacent lot to make the resulting side yard an acceptable 12.4 feet instead of the 2.4 which exists now. If and when that happens it is necessary to replat not only the lot where the house is on (Lot 3) and the lot from which the 10 feet is taken (Lot 4) but also Lots 5, 6, and 7 which must serve as donors for the 10 feet given up. The request for the replat has been reviewed by P & Z and recommended for approval. P & Z's approval was conditional upon the 10 feet actually being transferred from Lane to Petersen, that is replat would not be officially approved until the 10 feet strip is actually conveyed). I would recommend that the Council adopt this same condition so as to avoid a situation where the replatted lot 3 would be owned by both Petersen (owning the bulk of the lot as it exists today)and Lane (the 10 foot strip) which would result in an unworkable situation and an unusable 10 foot strip of land. From what I gather there are other issues between Peterson and Lane relating to the error. Specifically compensation with money in addition to transfer of the 10 feet. In the event either or both of the parties appear I would anticipate their trying to bring up these side issues. If they do I would urge the Council to not get too involved, as the City's only concern is correcting the side yard set back violation and approving the replat. All other matters are side issues between the owner and the developer. The staff is recommending approval of the replat, with the above noted condition. The approval is accomplished by a simple motion to approve and vote on the matter (an ordinance or resolution is not necessary). If approved the Mayor would then sign (at some point) the replat for the effected lots. Denial of the requested replat would be by passage of a motion to deny. Please advise if you require further information or background. cc: Steve Norwood Russell Wyman 14e CITY OF WYLIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a public hearing on Monday, May 16, 1994 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, May 24, 1994 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval) of a request from Richard Lane and Todd Peterson for a replat of five lots on London Drive and further described as follows : Lots 3 through 7 Block H of the Wyndham Estates Phase II As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - R. Lane Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 U I am in favor of the request for the reasons listed below U I am opposed to the request for the reasons listed below 1. 2. 3. 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EswX 1 IO b 4 r a N 0 c- J a\ N N r 4 I til 4 Id % M • I?A N178N IDAN I8pNi 19A 16715 20A •• ZOci 2IA v tie,m 22A 2Z82?4M 234 gaAaMZ4 � -- MM t(1 — _ 1lY1 p - - - -251 f.3t. t�/3 44.Ot 41.0 -,- -,- -.- - t . - ., ., -41.0 55.20 3/../V `/y ogA/N. E Uri .irY ESMT 0 .5 o' OEO/C47-Eo FOR OGO NWY 7e, `*`a OG D 11W Y NO. 76) E3it.OWM STeE eT 1 "Recom led r1pproval" AL 4y I ' v ;a • 1 uj .3 , 2 / • 26 2f. I 7 y, _3 BL K F �; 'roc <.,�+ ��'.l �•- . ,.:„,:i] _ _ __f_ '1," Ilk: . ti elFR9' N., rc, Iv- 3 / f-"?� 1 — 9 v `U 41 - t n eh o 8 01 9 N, /c o i/ i.Z i3 /y' ^� M - r I \ B -It,d-9 N ,, I li -4-0.-2,..\ i1 9n1' .� j Q „ , , k ,o -ems B, l 5� (a • 'h. �-ter` H`'�� r i - • I_ c ` Pe' y i e•,t� T y /fart • ► v9.S/ �"��^' 66 ' viNc< N 01 .-, /9.1 ,i. ' ( 9 >'4s, tv,• /' 'Y G3 t!r� �f I T6�' X�' bb FS.c ' J S f „_.7ic'ssis- 2 s r:G --/ — LI - q6 • s iP{c- 1 r I. I ^� Y VA [c-i8M7 - L� \ j L Q y� ����'. �11� 7�44 N bR S� ��C c 3•e 1 2 / • / '4. 9 -- 6 B.(• bl a 7r..4' yi,i, ` ,. R.579. I SP "\ tc i, i✓ Sr — 33_- o ' -- .� _ I 1, V — - — 7 `'t U E a/1r7 74 /7/.", t i /F� 'V i!'tQ �4 '� /5713 /!� :�l / r V J A ,. / h / car —1 p� Cp M, "1 ,�,� r., ? M ?/l h - a,• /f' Kk �,✓; ?�6 ,,� . ?� the �/�tr �y 4 M 2yB de► I a O a -- — /- [az. _ 25 ....- � � + _ y� s:1 .1w o✓G.47X,C, FG?,,C C•'GG^ --• - ti 04<. •. . .�.�, _ - — — VI wee c /-.N.,i< ) BROWN STREET MIN U E r 1 I i i I at Mo. /fa' Cowoo.v a a nee ,In the city of A,/vc.E • Texas Lot No. 3 ,Block No. N City Block No. of `s/Y.VpivAAl ESTATFS. P/eASE . ,an addition to the City of i✓rcaE C.cc.,v A.,,rir• Texas.according to the / GAT 72YF.?EOf= recorded in Volume at page 647 of the Map Records of Cad.ciw COUNTY,TEXAS. EASEMENT'S RECORDED IN THE FOLLOWING VOLUME b THE ABM DESCRIED AMOY DOES NOT LE N A FLOOD WARD AREA " PAGES TO THE BEST OF MY KNOWLEDGE AND BELIEF ACCORDING TO THE F. E. M. A. FLOOD INSURANCE RATE MAP DO NOT AFFECT THE ABOVE DESCRIBE")PROPERTY COMMUNITY PANEL N0. 4-Sol 3 0 -a f Zo —g V 0 L . /O a /p 1PcE • T Z� 7..N4'c 44- 3zz E.' 4 ‘---/ _' iv• C. . . , . . I • . .,. . . . . . . •. ., 4...... • .r . • . . . •,_ .....,__ .,-... , ev.., . . _ rm ea . LA.../6 • . • • to 14.7 ' - s � • • - / It1 0 • ,1L•5� 2l15• + - K 4.l' , 3.6' . .. - I. 0,ve 57-'oQY QrZ iG,�e .0 .,.., ZL ` 0lc00) 0 \ Zo.0' • 41 N • . , • ,/ • Z Y Y • • • Zo-o' I -- Z3136 - 1 • CwA.w //� • , Limit. - x • e 1plp' - 04. .. - •`,.�- . , ._ _ • • _ 1.; . . • �S .4ac - � - - ••,' , .c. ' The plat hereon is true correct. end accurate representation of the roe as detteermined by /4(1°41111°%"1.4\A•••iiFTF+i p p p Ry ,.G{ ,4�.�•Fsurvey,the lines and dimensions of aid property being•s indkacad by the plat: tM ds•,teation, Q. O.and type of buildings and Improvements ere as shown, all improvements being within the boun-dories of the property, set back from property lines the distance Indiated,and that the distance RY S. RHODE City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P !leiter DATE REFERENCE NO. SUBJECT 5/19/94 Hiring of Consultant For Second Review of TCI Cable Rates SUMMARY OF SUBJECT: The City has received authority to regulate local cable rates from the FCC. As part of the process the City must review the TCI rates presently in effect. The City has previously hired First Southwest Company to . conduct the rate review. Due to changes in FCC regulations a second filing will be made by TCI which will require another review by the City or its consultant. The second filing and review are incident to an additional (the first was 10%) rate reduction for rates after May 15, 1994. First Southwest Company has offered to conduct the review of the second filing for a fee of$843.75. The Council needs to determine whether it wants ( to hire First Southwest to do the review at the offered rate. ALTERNATIVES: (1) Authorize First Southwest to conduct review of second TCI rate filing for stated fee. - (2) Decline the offer of First Southwest and seek other firm to serve as consultant regarding TCI rate filing. (3) Decline to hire outside consultant for review of TCI rate filing and have City Staff review the filing. ACTION REQUESTED: l Staff recommendation.is for Council to hire First Southwest as consultant on review of second TCI rate filing, for a fee of$843.75. - - - REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • S CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES X LETTER C.LP. ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL 4,10 It; occ4v. CITY MANAGER MEMORANDUM TO : City Council FROM: Steve Deiter SUBJECT : TCI Cable Rate Review DATE : May 19 , 1994 *************************************r****************************************** The Cable Act of 1992 gave Cities the right to regulate Cable Operator rates for basic services and equipment. In the fall of 1993 the City determined that it would be in the citizen's best interest for the City to undertake such regulation. Accordingly it applied for and received certification from the FCC allowing it to regulate the local cable operator (TCI). The next step in the regulatory process was for TCI to file with the City the prescribed FCC forms, detailing its rates. Upon receipt of the forms the City would evaluate the information and determine whether the rates and charges were in compliance with established FCC guidelines. The eventual result (if the rates were not within FCC guidelines) being that the City could force the rates down to where they should be, to what is known as the benchmark rate and force payment of a refund for the difference between the rate charged and the allowable rate. The refund will cover the period relating back to September 1, 1993. Due to the technical nature of the information submitted for review, the importance of establishing an accurate benchmark rate (it effects future years as well), and the City's inherent suspicion that TCI might try to "put one by us" the City opted to hire an outside consultant to review the rate information submitted. First Southwest Company (FSC) was hired to represent the City as part of a larger group of 16 Cities who were served by TCI for a "group rate" of $843.75 for each City. The rate would have been approximately $3,000 but for the collective representation. FSC is nearing completion of the rate review and will be having a recommendation for the City by mid June. The review process was delayed by TCI's initially failing to submit all of the required information. All of which is review and background for the issue which is being brought before the Council at this time. In typical bureaucratic fashion the FCC has changed the rules several times before the rate reviews are even complete. The last such change being that the rate reviews in progress shall apply to rates only until May 15, 1994. Thereafter there is another filing which TCI must make and another review of the filing on the part of the City or its consultant. Actually this is not quite as bad as it seems, in that the second filing and review is due to the fact that the FCC determined that a 10% reduction in rates was not enough, and that an additional 7% was necessary. Therefore the second filing and review is for additional reduction which will be effective from and after May 15, 1994. Since the City has already gotten involved into the regulatory process, TCI will automatically submit the second filing. The City, in turn, will need to make a review and analysis of this filing to see if further reductions (the above mentioned 7%) are possible. Therefore the City is again faced with a situation of reviewing the TCI filing itself or hiring a consultant to do so. FSC has agreed to do the review for the same $843.75 fee it is charging for the initial review. I have attached a copy of their letter explaining the review process, their participation and the fee for this second review. You will note in the letter that I have placed an * beside the second paragraph on page two, which indicates the scenario of that paragraph is the one which applies to Wylie. The matter is before the council for determination of whether the City should hire FSC to do the second review at the stated rate. I would recommend that they be hired as the review is necessary and they possess familiarity with the City's situation along with the required expertise in the matter. Please advise if you require further information or explanation on the matter prior to the Council meeting. cc: Steve Norwood Earl FIRST SOL1HWEST COMPANY Randee R. Wilson Vice Pre idi•nt April 22, 1994 Mr. Steve Deiter City Attorney City of Wylie, Texas P.O. Box 428 Wylie, Texas 75098-0428 copy Dear Mr. Deiter: On March 30, 1994, the Federal Communications Commission (-FCC") released the full text of its Second Order on Reconsideration which reevaluated the current method of regulating cable rates and established new rules, resulting in further reductions to the benchmarks of current regulated rates in effect on and after the May 15, 1994 effective.date of the new rules. The new rules will apply a 7% reduction of rates in addition to the original 10% reduction applied by the original benchmark calculations. For all cable systems subject to regulation, the rates permitted for the period from September 1, 1993 until May 15, 1994 (and refund liability with respect to such rates), will be determined by the FCC's initial rate regulations. The initial regulations allow a franchising authority to order a refund, if necessary, from the time the cable operator complies with its rate reduction order back to September 1, 1993 (or one year, whichever is shorter). The new regulations will apply to rates in effect from May 15, 1994 forward. Therefore, if a franchising authority wishes to take full advantage of its ability to order refunds, it must regulate using both the old and new regulations. The following paragraphs outline several situations a franchising authority may face at the time the new regulations become effective (May 15, 1994): • Franchising authority has not certified or has not yet notified cable operator that it is commencing basic rate regulation - cable operator will be required to file both FCC Form 393 and FCC Form 1200 within thirty (30) days after the local authority notifies it that the authority is initiating rate regulation. The operator does not have to file Form 393 if the one-year time limit on the operator's refund liability precludes any possibility of refund. The franchising authority will then be expected to examine both filings within the timeframes established. • Franchising authority has notified the operator, but the operator has not yet ,.� submitted the required FCC Form - cable operator must file both FCC Form 393 and I\VESTMMENT BANKERS 1'n+I Pacific.3[t rua •Si, ;in •Ca(la>. T ray-5_1H11-4052•214-a3341)1)1)•F.-1_A 214-953-4111 1200 within thirty (30) days after May 15, 1994. This will allow the operator to complete both forms simultaneously. The franchising authority will then be expected to examine both filings within the timeframes established. ■ Franchising authority has received the form 393 but has not yet reached a final 4e. decision - authority must follow all existing timeframes with respect to that part of the proceeding. The operator will be required to file Form 1200 within thirty (30) days of May 15, 1994. • Franchising authority has reached a final decision about the lawfulness of an operator's basic rates - cable operator must file Form 1200 within thirty (30) days of May 15, 1994. In most cases, therefore, the cable operator will be required • FCC Form 393 and Form 1200 for review by the local franchising authority. e Form 1200 will automatically be submitted by the cable operator if the franchising authority has previously notified the operator of its intent to regulate basic service rates. Because the new regulations will consist of essentially two reviews of the cable operator's rates for the basic service tier, First Southwest Company will be available, at the City's request to review the second set of benchmark calculations. Our fee for the review of the FCC Form 1200 will be identical to the fee schedule agreed upon by the City for the review of the FCC Form 393. If the City wishes to retain First Southwest Company to review the FCC Form 1200, please notify Ms. Randee Wilson of such decision. The engagement letter between the City and First Southwest Company will remain in effect. If you have any questions regarding the recent Order or our fee agreement, please do not hesitate to contact me at (800) 678-3792 or directly at (214) 953-4061. (43icerely, Cu�OC-mac--� Randee R. Wilson City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE REFERENCE NO. SUBJECT • 5/19/94 Repainting the one million gallon Nortex Ground Storage Tank SUMMARY OF SUBJECT: Recommendation for award of contract for repainting of the Nortex Ground Storage Tank. Sealed bids were received on April 29, 1994. ALTERNATIVES: No alternatives are recommended. ACTION REQUESTED: Accept bid proposal of Don L. Owen, Inc. of Dallas, Texas and authorize the Hogan Corporation to proceed with the preparation of contract documents for execution. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 30,000 OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS ❑ ONE-TIME El • $ CAPITAL ❑ RECURRING El OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: LETTER BACKGROUND MEMO MINUTES _43/._ORDINANCE/RESOLUTION OTHER C.I.P.BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC >C BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL Ipop CIANAGER THE HOGAN CORPORATION Engineers • Planners • Consultants May 19, 1994 Honorable Mayor and City Council P.O. Box 428 Wylie, Texas 75098-0428 Attention: Mr. Steve Norwood, City Manager Re: Repainting of the 1.0-Million Gallon NORTEX Ground Storage Tank Dear Mayor and Council Members: On April 29, 1994, bids were received at City Hall and then publicly opened and read aloud for the above referenced project. During the process of the bid opening, the bid bonds or cashier's checks included with each bidder's proposal were reviewed, and all appeared to be acceptable. The proposals submitted for these projects have been thoroughly reviewed in our office, and the extensions and additions of each bid item have been checked. No errors were found that would alter the position of the bidders. Lists of the bidders, and the respective bid amounts are attached for your review. Six (6) bids were received, and the low bid was submitted by Don L. Owen, Inc., of Dallas, Texas, in the amount of$30,000.00 for the Base Bid. Don L. Owen, Inc. has submitted prequalification information. The Hogan Corporation has contacted the persons and organizations listed on the reference list provided by Don L. Owen, Inc. In all cases, favorable responses were given. Of those contacted, all would work with Don L. Owen, Inc. on future projects. From the favorable work performed by this low bidder as substantiated by the references provided, we feel that Don L. Owen, Inc., has the experience, personnel, sufficient equipment, and the financial stability to successfully complete this project according to the plans and specifications and within the time allocated. Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 '' Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (214) 392-4600 FAX: (214)490-7163 Therefore, we recommend that the Repainting of the 1.0-Million Gallon NORTEX Ground Storage Tanks Contract be awarded to Don L. Owen, Inc. for$30,000.00. If you concur in our recommendations, please advise us of the award, and we will proceed with preparation of formal contract documents. Yours very truly, THE HOGAN CORPORATION Gregory S. MacLean, P.E. Project Manager GSM:pc 1 Attachment • BID SUMMARY SHEET FOR REPAINTING OF THE EXISTING 1.0-MILLION GALLON NORTEX GROUND STORAGE TANK WYLIE,TEXAS • April 29, 1994 9:00 P.M. THE HOGAN CORPORATION Engineers • Planners • Consultants 12900 Preston Road at LBJ,#620 Dallas,Texas 75230 214/392-4600 BIDDER TOTAL BASE BID AMOUNT 1. Don L.Owen, Inc. Dallas,Texas $ 30.000 Base Bid 33,850 + Alternate 2. T. S. Construction/Salvage Euless,Texas $ 31,250 Base Bid $ 33.250 + Alternate 3. Holloway Welding&Piping Allen,Texas $ 31,507 Base Bid $ 33,995 + Alternate 4. Premier Paint&Sandblast Lake Dallas,Texas $ 39,875 Base Bid(System 2) $ Deferred Alternate 5. N.G.Fainting,Inc. Kerrville,Texas $ 47.000 Base Bid $ 48,500 + Alternate 6. Diversified Coatings Ltd. O'Fallon, Illinois S s - 7 $ 8. $ $ City of Wylie AGENDA COMMUNICATION w SUBMITTED BY: Legal DIRECTOR: Steven P. Deiter DATE REFERENCE NO. SUBJECT - 5/19/94 ` 0 Closing of Jefferson Street Between Ballard and Jackson - SUMMARY OF SUBJECT: Sandra Donovan, along with a group of others (see attached listing), are proposing to purchase the house at 108 W. Jefferson. Their intent would be to donate the property to the Methodist Church. If the transaction takes place and the Methodist Church owns the property on both sides of Jefferson in that block, they (the property owners and/or the Church) desire to have the street closed. The: group has requested to be put on the Agenda for the May 24, 1994 Council meeting. The appointment with the group is strictly an informational session. "° The street cannot be closed until such time as a public hearing on the issue is held, following published notice of the hearing. While formal action is not possible the Council may, if it desires, or for that matter any individual council member, express general opinion or position on the possible closing. ALTERNATIVES: (1) Consider request and direct Staff to proceed with preliminary actions required for closing. (2) Decline to take any action or direction at this time. j i ACTION REQUESTED: No action is recommended by staff as closure of the_street cannot be voted upon until preliminary steps have Ibeen taken. Whether to have Staff follow up on the request is in Council's discretion. _ I - i REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES /�I LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY M GER 0-3 L May 10, 1994 Wylie City Secretary, A group of people from the Wylie United Methodist Church are attempting to purchase the house located at 108 West Jefferson. The house is directly across from our church. We would like to be put on the May 24th city council agenda to discuss the possibility of closing that section of Jefferson Street(between Ballard and Jackson). If the purchase can be made and the street closure can occur, the above named house and property would be given to the Wylie United Methodist Church to do with as their board of trustees deemed necessary. Again we would like to come before the council to see if they think that the proposition would be in the best interest of both the city and the Wylie United Methodist Church. Attached is a list of those people heading up the purchase of the property. Sincerely, JJ_ Sandra Donovan Pearson House Purchase Ralph James 6918 Dove Creek Wylie, TX 75098 442-1968 Kathy Spillyards 301 North Jackson Wylie, TX 75098 442-0228 Sandy Donovan 337 Hilltop Wylie, TX 75098 442-7028 Curtis Watson P.O. Box 860576 Plano, TX 75086 423-3611 Julie Graves 200 Douglas Wylie, TX 75098 442-2328 Trudy Jackson 605 Sunrise Court Plano, TX 75094 881-0'730 Russell Nunnally 1702 Parker Road Wylie, TX 75098 442-3041 Greg Alford 103 South Winding Oaks Wylie, TX 75098 442-6864 Owner of Pearson House: Martha Kuehne 559 Parkhurst Drive Dallas, TX 75218 324-1000 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P felt&S DATE REFERENCE NO. SUBJECT 5/18/94 1 1 Appointment of Representative to North Texas MWD Board SUMMARY OF SUBJECT: The City has two representatives on the North Texas Municipal Water District (NTMWD) Board. Each - member serves a two year term which expires on May 31st of every other year. The appointments are staggered so that the City appoints one board member in one year and the other in the next, thus a new Jappointment is made each year. The board seat up for appointment this year is presently occupied by Rita Smith. The person appointed would serve a two year term, commencing June 1, 1994 and expiring May 31, 1996. The Council has the option of considering and discussing prospective appointees in executive session, Ihowever, as always an actual vote (for appointment in this case) may only be taken in open meeting. ALTERNATIVES: Appoint person to two year term as one of the City of Wylie's representatives to the North Texas Municipal Water District Board. LACT1ON REQUESTED: Staff recommendation is -fr Council to make appointment to the NTMWD Board, but makes no recommendation as toVho should actually be appointed, which is within council's sound discretion. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • S ,.. CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: " BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP. PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF _�L CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY.COUNCIL CITY MANAGER