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08-27-2019 (City Council) Agenda Packet Wylie City Council NOTICE OF MEETING Amended Regular Meeting Agenda August 27, 2019 - 6:00 pm Wylie Municipal Complex Council Chambers 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation by DART on the Collin County Rides program August 27,2019 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of August 13, 2019 Regular Meeting and August 13,2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a Preliminary Plat of Emerald Vista Addition, to develop 168 residential lots, one nonresidential lot, nine open space lots, and one park lot on 51.669 acres, generally located on South Ballard Road at Elm Road. (J. Haskins, Planning Manager) C. Consider, and act upon,FY2020 Employee Insurance. (L. Yanez, Human Resources Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31,2019. (M. Beard, Finance Director) E. Consider, and place on file, the City of Wylie Monthly Investment Report for July 31, 2019. (M. Beard, Finance Director) F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31, 2019. (S. Satterwhite, WEDC Executive Director) REGULAR AGENDA 1. Consider authorizing the City Manager to sign a Development Agreement between the City of Wylie, CJG Development Group, and Robert and Phyllis Kreymer,for the development of a residential subdivision. Located at 2605 East Stone Road. (J. Haskins, Planning Manager) Executive Summary The development agreement attached is a result of discussions between the developers listed above and City Council at the August 13,2019 City Council meeting. Tabled from 08-13-2019 Remove from table and consider 2. Hold a Public Hearing to consider, and act upon, a change of zoning from Agricultural-30 (AG-30) to Single Family(SF 10/24), to allow for single family development, not to exceed 49 residential lots on 16.48 acres, generally located at and north of 2605 E. Stone Road. ZC 2019-10 (J. Haskins, Planning Manager) Executive Summary This item was tabled on the August 13, 2019 City Council meeting pending the outcome of a Development Agreement regarding building materials.That development agreement is on this agenda for consideration. August 27,2019 Wylie City Council Regular Meeting Agenda Page 3 of 5 3. Hold a Public Hearing to consider, and act upon, a change of zoning from Neighborhood Services (NS) to Neighborhood Services with a Special Use Permit (NS-SUP), to allow for the development of a motor vehicle fueling station, property located on 1.888 acres, northeast of the intersection of Ballard Avenue and Alanis Drive. ZC 2019-11. (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to rezone a 1.888-acre property located on the northeast corner of Ballard Avenue and Alanis Drive from Neighborhood Services(NS)to Neighborhood Services with a Special Use Permit(NS- SUP) to allow for a motor vehicle fueling station. The property is generally bordered to the north by Fire Station #1 and to the cast and south by two vacant lots that are zoned within the Neighborhood Services district. The properties to the west, across the street from Ballard Avenue, are zoned within the planned residential development of Stone Ranch. 4. Hold a Public Hearing to consider,and act upon,repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts, Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations(2007-21)Sections 2.2,2.3,and 2.4 Procedures and Approval.(J.Haskins, Planning Manager) Executive Summary With the close of the 86th Legislature Regular Session came many changes that will have a direct impact on municipalities. In work sessions at the August 6, 2019 Planning and Zoning Commission meeting and the August 13, 2019 City Council meeting, staff discussed some of those changes and possible ordinance and regulation changes that may be needed as a result of the new statutes. 5. Consider, and act upon, Resolution No. 2019-20(R) of the City Council of the City of Wylie, Texas, recognizing the designation of places and areas as historically, culturally, and/or architecturally important and significant, through the adoption of, Planned Development Districts, Special Use Permits, Overlay Districts, and other zoning. (J. Haskins, Planning Manager) Executive Summary House Bill 2439 of the State of Texas 86th Legislature prohibits a governmental entity from adopting or enforcing an ordinance that limits the use or installation of a building product or material if the building product or material is approved for use by a national model code published within the last three code cycles, unless one of a number of statutory exceptions applies. This bill applies to both residential and commercial properties. 6. Hold a Public Hearing on the proposed tax rate of$0.688454 for fiscal year 2019-2020 and provide all interested persons an opportunity to be heard, either for or against the tax rate; set and announce the date, time and place of the meeting at which Council will vote on the final property tax rate. (M. Beard, Finance Director) Executive Summary In accordance with the"Truth in Taxation"laws of the State of Texas, on August 13, 2019, the City Council voted to accept the calculation of the effective tax rate and the proposed tax rate for the 2019-2020 budget. Because the proposed tax rate is the effective rate, Council is not required to hold a public hearing on the tax rate. In the interest of transparency,a public hearing was scheduled for August 27,2019 so that citizens may be heard. The proposed tax rate, the effective tax rate and last year's tax rate, as well as the date, time and location of the public hearing were published in the Dallas Morning News on August 20 and in the Wylie News on August 21. August 27,2019 Wylie City Council Regular Meeting Agenda Page 4 of 5 7. Hold a Public Hearing on the fiscal year 2019-2020 Proposed Budget and provide all interested persons an opportunity to be heard,either for or against any item in the proposed budget; and set and announce the date,time and place of the meeting at which council will vote on the final budget. (M. Beard, Finance Director) Executive Summary A Public Hearing is required to be held on the fiscal year 2019-2020 Proposed Budget. The date, time and place that the vote will be taken on the final budget must also be scheduled. Any changes made to the proposed tax rate or Proposed Budget could affect required publications and steps in the tax rate and budget approval process. 8. Consider, and act upon,the award of RFP#W2018-69-B for Construction Manager At Risk— Guaranteed Maximum Price Construction Agreement to Pogue Construction LLC, for the Renovation and Expansion of the City of Wylie Public Safety Building in the amount of $13,993,887.00 and authorizing the City Manager to execute any and all necessary documents. (B. Parker, Asst. City Manager) Executive Summary Contracting and delivery procedures for construction projects are governed by Section 2269 of the Government Code. Staff reviewed the various methodologies within this code and determined that the Construction Manager At Risk(CMAR)methodology as outlined in Subchapter F to be the most advantageous to the City for the renovation and expansion of the City of Wylie Public Safety Building. CMAR is a delivery method by which the City contracts separately with a construction manager to serve as the general contractor. The CMAR provides pre-construction services to the architects and City during the design phase. Once the construction plans and materials are finalized, the CMAR obtains competitive bids for the project and the Guaranteed Maximum Price (GMP) for the project is agreed upon. By statue, the CMAR assumes the financial risk and is obligated to complete the project for the stated GMP. EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087--Discussing certain economic development matters. §551.073 Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Properties adjacent to McMillan Rd. between McCreary Rd. and Country Club Rd. • Consider the sale or acquisition of property owned by the City of Wylie. August 27,2019 Wylie City Council Regular Meeting Agenda Page 5 of 5 Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-5c, 2019-7a and 2019-8a. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on August 23, 2019 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed 111 0, ,40*,,,,),\, o,,r x Collin County Rides 111111 �.. �n� ,,,,„„ ks DART LGC ..... 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"l '� ne t;67,is;,zc'4t 2`=\\ nIn.,,\G 5rt.,` „';';°'' �a°4"''"' Vi, =,,.last 2\Zt dr "j� t °� • V„)`'`* =t) „;1/**) t 1&'M°,°;,�. v'4i' i„�is31 eN"°`` , .a, u • s< r� ,Y 3`,7, s ,,, L s, 0 5 ii i•= 44S ��.}�n�� t` ,p �} � »�a �,��:�' �. , , Iss key'�a��,��m�,w �.�� Robert B. Parks, A I C P Y`it a»,��, t 5 11�7:;.dt ww`'°a"t'v �n"°;,,P;,�."„ �\� ;ij;",l'a='`,ta,»L 1 j• '% ,.'at'`?,trp. ':1 A an,.' •• �<\ \bJ atlt"\.'S„r�?r,4: '4 „ I��.•, \P��''�%''"X''�� uun' ,.n"..'. 1*.a,=i,,,,Vs . ¢„�. •' sr„ s�Stisl,�; 'e� ,. ,,� ,;a'r..,. Senior r Manager P I n Planning n P r r m� , 5 ,� �, 4,,,t�,�� Nn #�= � � ��e,� Se oofa gPrograms t,v•a'� •z•:4 4 t4 tat 'Y x l i q 4, r,,= ,'sue „•� ?,s,��t,a,:''t�,ij}„S,ir}v',;,5t � t t �3ti � l,„ r „, } S„ t/ a`;2 \ }`tits}�Sj7si?ill;;??;tij':zFYlfrytltht'z , • ti;.. afryti t y'\"\t 3,tifti„`j�ir n`(s',:j,t,;t; ir,,t,,,`'"'•:vIS \455f tt'rIV'1 ,?.r,<%j{ ,znt '>'zr4;t� sr „>o ., ..,,, '+r..,e,•,,, ... ,¢..,.Ft H oaFti^' ...i ,w x,p 4;z t 1t`w ",.ity;?,yrs»,saS �`" Yeµ %InIt _\' , \ if , i5»,,. S(r;;4,r=s; � I %1 . iY�� R d4`, t1<4,nt2�`i <=,=,�>{,r;��,;a'l`?tt „ a� X, �' ;4{.: r4.,ti ,ta '`t4>',t,;,yylyl;;,(si c;5y^r.s,'•s{' vtt tb?; y �' ,4to 3� r5'4 SS* ti{ 7}S y,\r l,,, ,, jl ' \'4 `,w,V r"t"SW/�S 4ti>1`t';*I �t•t, " • •51 {1}�r¢;�ti(4(,;t;,5;s3,• lr.,-,ti,t's•51�1»5y5<•=}s¢{,`=S:v,Syttrit'a{r,..,#3 ", 't�,.t °'v`re"' „\ \12i*PP*k t'�S`Yt�rd(�sj=)i"='.'Z�,{,�� {�iiyje;�3i,u;''t'J^,,t t'y»"ob)^ ''\4jir»;, "ti i t*,t�,'„{ft `\\\\\\\\\\\\\"{S4{****.*\o\lY'Isiltio 4titi ''; ,.tY,'i' P 1 w ¢ o To ay's Briefing • Opportunity to extend Collin County Rides (CCR) Senior and Disabled Transportation Program through September 30, 2022 with an extended interlocal agreement between the City of Wylie and the DART Mobility Services Local Government Corporation (LGC). • � `\` ' u� 4� x � v � 1 � ? stt�1 z , e d .. f'm� * r Y si ti 1i.', of d , ,";y� "„ R „v C d^I , ,:. s,., .gip .� dv4l �n J� I 0 � GLL AN W „ a ' DART. T C . � ^. 4} #10d: 4;4,,,.v:u,:h '.`i time k aYA,3!4a 2 Background • Collin County Rides (CCR) transports Wylie seniors and disabled citizens within the City and to other areas of Collin County, Parker Road, and Rowlett Rail Stations seven days a week. • After Texoma Area Paratransit (TAPS) abruptly ended service in Collin County in November of 2016, the North Texas Council of Governments (NCTCOG) requested DART to provide service on an emergency basis until the municipalities were able implement a more sustainable service. • In February 2017 DART initiated Wylie CCR service with a NCTCOG contract. • Wylie and the DART LGC began work on an agreement to continue the service initiated under the NCTCOG contract. • In September 2017, Wylie and DART executed a three year CCR agreement for a lower cost, taxi subsidy program. • /. 3 CCR Registrations Wylie Residents . 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DART incurs the risk if demand increases costs beyond these annual payments. • The Collin County transit plan required under DART policy for non-service area cities will be 100 % funded and administered by NCTCOG. -r lele. ,r. 7 i 1 4,,,,to'tzvk 'irlp%" VIM. ,�,,,,,' n�,�,„„, . „t y'°,,�,''''''f,, ‘ti�^ 6�ti � liiirojot. �� ■ 'iaa.USA%".i_, ,„.,w «� !'4,r,,. a.,'-,, �M».w..*.w,.„.,,,�„ ''Y',V '1� ,,,,„,, �1�' , 'g�, yM I',P"r!btiG';'.%wa , ,,,,......,,, , 0„,,,,,,,,,,, Questions . „,„., �;.0 .0. '�..",„0.1. „,,,,,im of �,.„000,"0„,,,,,,„:?0,„„.„,,„„„,444. " 'A''"I"'.0'. .. ,�,ar N�� .+„ � � 'gal��d^::�....� :'"I •H :d,W 4 'At Y. „ wit"I,,.A...A At 414'4 ' A'"' A4ti"4 ' „ AA.,'- A00144s ^;;" �,�� hi El ..°"'.4„ ,:•;� is. „"✓:�uk%77.m.4 Sapp . ":","... ,:.*.'"'`,,". ',"*.fill"`v,' ,., ; .. jai• n „"I., ",„, ; 7,":" " °i; {.,ATM." ,,a;,,,,"'.r,' A44" ..�.,.: ,' A. S In q� �a, I'.'.I " '"' Mom: "8'^'a�,,,, ,. DART l&? ht ,. w ".' Est« ;. Wylie City Council Minutes Regular Meeting August 13, 2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis, and Councilman David Dahl. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Library Director Rachel Orozco; Human Resources Director Lety Yanez; Planning Manager Jasen Haskins; WEDC Assistant Director Jason Greiner; Project Engineer Wes Lawson; City Attorney Richard Abernathy; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Mayor Hogue gave the invocation and Mayor pro tern Forrester led the Pledge of Allegiance. PRESENTATIONS co Battle of the Badges Award Katie Huntsman,representing Carter Blood Care, addressed Council stating that during Bluegrass on Ballard,the fourth annual"Battle of the Badges"was conducted. This year 74 units were collected, which will help save about 222 lives. She announced the winner of the contest was the Wylie Fire Department. Representatives of Wylie Fire Rescue along with Fire Chief Blythe and Police Chief Henderson were present for the award. cc Senator Pat Fallon—Legislative Update Senator Pat Fallon gave a brief update of the 2018 Legislative Session. Fallon presented Hogue with a certificate from the Senate for his service as the president of the Texas School for the Deaf. CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. Minutes August 13,2019 Wylie City Council Page 1 In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Mary Lange addressed Council expressing appreciation, gratitude, and support for the Parks and Recreation Department. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of July 23, 2019 Regular Meeting and July 23, 2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a final plat of Woodlake Village Addition Lot 1 Block D, to allow for a Police or Fire Station use on 7.136 acres, located at 2000 N. State Highway 78. (J. Haskins, Planning Manager) C. Consider, and act upon, Ordinance No. 2019-18 a change of zoning from Neighborhood Services (NS) to Planned Development (PD-NS), to allow for a Wholesale Contractors Maintenance Yard use on 1.89 acres, located at 634 North Ballard. ZC 2019-09. (J. Haskins, Planning Manager) D. Consider, and act upon, Ordinance No. 2019-19 setting a date for a public hearing on October 8, 2019 to discuss and review updates to the Land Use Assumptions and Capital Improvements Plan. (T. Porter, Public Works Director) E. Consider, and act upon,the approval of a Job Order Contract#W2019-71-I for the Remodel of the Utility Billing Department Windows from Core Construction, Inc. in the estimated amount of$59,456.53 through a cooperative purchasing contract with National Cooperative Purchasing Alliance (NCPA), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl, to approve the Consent Agenda as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to move into executive session to discuss Regular Agenda Item 1 regarding the legislative session that just occurred. A vote was taken and motion passed 7-0. Mayor Hogue convened the Council into Executive Session at 6:30 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: a. Pending or contemplated litigation; or Minutes August 13, 2019. Wylie City Council Page 2 b. A settlement offer, or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 6:41 p.m. 1. Hold a Public Hearing to consider, and act upon, a change of zoning from Agricultural-30 (AG-30) to Single Family (SF 10/24), to allow for single-family development, not to exceed 49 residential lots on 16.48 acres, located at 2605 E. Stone Road. ZC 2019-10 (J. Haskins, Planning Manager) Applicant Comments Todd Wintters, representing Engineering Concepts, addressed Council stating the applicant is requesting to rezone a 16.48-acre property located north of Greyhawk. The applicant brought this Item to Council previously as a Planned Development (PD) but is now coming back for straight zoning. The subdivision will consist of no more than 49 residential lots and one open-space lot. Mayor Hogue asked City Attorney Richard Abernathy to explain new HB 2439. Abernathy reported HB 2439 provides the owner or developer can use any building materials allowed by the three of the last effective building codes, which could result in the use of materials that do not comply with current building requirements. If Council desires to enforce the materials and protect the standards, they could utilize one of the exemptions, written consent, for the builder to build according to the current building standards. Hogue asked if the owner would be willing to do written consent. Joe Gampper, property owner, addressed Council, stating every bit of the materials in the previous PD can be used in the same percentages and same standards that Planning and Zoning recommended to Council in the conditions of approval. Public Hearing Mayor Hogue opened the public hearing on ZC2019-10 at 6:56 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:57 p.m. Council Action A motion was made by Mayor pro tern Forrester seconded by Councilman Duke, to table Item 1 until the August 27, 2019. City Council meeting for further consideration. A vote was taken and motion passed 7-0. 2. Consider, and act upon, Resolution No. 2019-19(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2019-2020, accepting the calculation of the effective tax rate, establishing dates for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government Code, Section 140.010. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating the City is required by law to follow certain meeting and notice (publication) guidelines identified in the "Truth in Taxation" guide. In accordance with the Minutes August 13, 2019 Wylie City Council Page 3 "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other information must be published and, if an entity's proposed tax rate exceeds the lower of either the effective tax rate or the rollback tax rate, then two public hearings must be held. Beard reported this year's effective tax rate is $0.688454 and the rollback tax rate is $0.723543. The proposed 2019-20 budget is based on the effective tax rate; therefore, no public hearings to discuss the tax rate are required. The City Council's vote on the tax rate is scheduled for September 10, 2019, which is a regular council meeting. Beard asked for direction from Council regarding whether they would like to hold a public hearing on the tax rate. Council Action A motion was made by Councilman Porter seconded by Councilman Forrester, to approve Resolution No. 2019-19(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2019-2020, accepting the calculation of the effective tax rate, establishing dates for public hearings to hold one on. August 27, 2019 on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government Code, Section 140.010. A vote was taken and motion passed 7-0. 3. Consider, and act upon, Ordinance No. 2019-20 amending Ordinance No. 2018-24, which established the budget for fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating staff is recommending a transfer of $1,300,000 from the General Fund to a new Capital Fund (461) for the construction of Fire Station#2. The $1.3 million is included in the Fire Department's 2018-2019 budget for remodel of Fire Station#2. This money was from General Fund Fund Balance in the 2018-2019 budget. Council discussed the Fire Station #2 remodel and decided to forgo the remodel and pursue building Fire Station #2 on the land adjacent to the Municipal Complex. The amendment is to move the money from the Fire Department's budget into Combined Services "Transfer to Capital Fund" account in the General Fund. The $1.3 million will then be moved to the Capital Fund 461 fund balance for the future construction of Fire Station#2. Council Action A motion was made by Councilman Porter seconded by Councilman Wallis, to approve Ordinance No. 2019-20 amending Ordinance No. 2018-24 (2018-2019 Budget) for proposed budget amendments for fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. A vote was taken and motion passed 7-0. 4. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District (NTMWD) Board to fill an expired term of June 1, 2019 to May 31, 2021. (S. Storm, City Secretary) Council Comments Mayor Hogue recommended that Keith Stephens be appointed to fill the expired term on the North Texas Municipal Water District Board due to his municipal government experience, longevity in the City, and knowledge of the District. Councilman Porter asked Mr. Stephens how he would approach balancing the needs of the 13 cities as a whole with the different needs that he has seen in Wylie. Stephens replied balancing the needs of each member city will be a challenge, but he does have long-term experience with team building and working through complex issues. Stephens stated he will make it a team effort as much as he can, considering the needs of our City and the member cities as well. Minutes August 13, 2019 Wylie City Council Page 4 Council Action A motion was made by Mayor Hogue seconded by Councilman. Dahl, to appoint Keith Stephens as a board member to the North Texas Municipal Water District (NTMWD) Board to fill an expired term of June 1,2019 to May 31, 2021. A vote was taken and motion passed 7-0. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. City Secretary Storm read the captions to Ordinance Nos. 2019-18, 2019-19, and 2019-20 into the official record. ADJOURNMENT A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to adjourn the meeting at 7:12 p.m. A vote was taken and the motion passed 7-0. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes August 13,2019. Wylie City Council Page 5 Wylie City Council Minutes Work Session August 13, 2019—6:30 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the work session to order at 7:13 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis,and Councilman David Dahl. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Library Director Rachel Orozco; Human Resources Director Lety Yanez; WEDC Executive Director Sam Satterwhite; City Secretary Stephanie Storm, and various support staff. Mayor Hogue convened the Council into Executive Session at 7:13 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. oo Receive legal update on development-related legislation adopted during the 86th Texas Legislative Session oo Receive legal update on Code of Ethics Ordinance Minutes August 13,2019. Wylie City Council Work Session Page 1 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 8:22 p.m. There was no action taken as a result from Executive Session. WORK SESSION • Discuss allowed uses within zoning districts. Planning Manager Haskins addressed Council stating staff is requesting direction from Council as to what, if any, changes should be made to the uses within zoning district(s). One area of discussion is zoning requests with mixed uses, which includes multi-family, as part of the Neighborhood Services District (NSD). Mayor pro tern Forrester and Councilmen Porter and Duke expressed concerns with the ratio of residential to commercial services in mixed-use NSD developments and recommended they be looked at on a case-by-case basis. Councilman Dahl stated he felt multi-family should not be allowed in NSD, about which there was a general consensus among Council. Staff will bring back suggested changes. • Discuss City of Wylie Ordinances and Regulations as a result of the 86th Legislature Regular Session. Planning Manager Haskins addressed Council giving a brief update on immediate impacts from the 86' Legislature Regular Session. Haskins reported House Bill 2439 limits the City's ability to adopt or enforce an ordinance that limits the use or installation of a building materials. City staff and the City Attorney are recommending leaving a majority of the building materials language in the Zoning Ordinance intact to use as guidelines for planned developments and zoning cases. Haskins reported an additional possible change is adding additional architectural requirements. Direction from Council was to leave the building materials in as guidelines and bring back additional information regarding adding additional architectural requirements. Haskins reported House Bill 3167 asks cities to define what plats and plans specifically are and gives the governing body 30 days to act on the requests. City Council will have three options: (1) approve, (2) approve with conditions, or (3) disapprove with explanation. Staff recommends changes to the Zoning Ordinance and the Subdivision Regulations to address the legislative requirements, and make updates to submittal requirements. Direction from Council was for staff to move forward with the recommended changes provided to Council. Holsted reported House Bill 2840 speaks to citizen participation and the ability for citizens to comment on agenda items. It will require modifications to the Council rules and procedures, and those guidelines will filter down and impact how the boards and commissions operate. Staff will bring back suggestions for Council discussion. • Budget FY 2019-2020 City Manager Holsted addressed Council giving a brief overview regarding the FY 2019-2020 proposed budget. The proposed budget is based on the effective tax rate and, now that staff has the final numbers, there is some additional revenue for a few different reasons including, but not limited to: M&O percentage, revenue projections, value cap resets when existing properties are sold, and previously frozen properties are no longer frozen when sold. Staff is recommending utilizing the additional revenue to pay toward back taxes on a City-owned property. Minutes August 13, 2019. Wylie City Council Work Session Page 2 Dan Chesnut and Anne Hiney addressed Council stating the items requested by the Parks and Recreation department are reasonable requests, are needed, and commended staff members. ADJOURNMENT A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis, to adjourn the meeting at 8:55 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Minutes August 13, 2019. Wylie City Council Work Session Page 3 Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 27, 2019 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 13, 2019 Exhibits: 1 Subject Consider, and act upon,a Preliminary Plat of Emerald Vista Addition,to develop 168 residential lots,one nonresidential lot,nine open space lots, and one park lot on 51.669 acres, generally located on South Ballard Road at Elm Road. Recommendation Motion to approve a Preliminary Plat of Emerald Vista Addition, to develop 168 residential lots, one nonresidential lot, nine open space lots, and one park lot on 51.669 acres, generally located on South Ballard Road at Elm Road. Discussion OWNER: Bloomfield Homes LP ENGINEER: Engineering Concepts& Design,L.P. The plat consists of 168 residential lots, one nonresidential lot,nine open space lots,and one park lot on 51.669 acres and is located on the east side of South Ballard Road near Elm Road and is zoned within the Emerald Vista planned development 2018-23. The planned development allows for three different types of residential lots ranging from widths of 55',60',and 65'.All open space lots are to be maintained by the subdivision's HOA. The park lot and nonresidential lot will be dedicated to the City of Wylie at the time of Final Plat filing.The proposed use for the nonresidential lot is a fire station. Emerald Vista Blvd.,per the requirements of the planned development,will be a 21' in pavement curb to curb street with parking allowed on one side of the street. All parking areas on Emerald Vista Blvd. will be required to be striped. The flood plain Zone "A" line is expected to be realigned upon completion of the LOMR allowing all lots to be within the required Zone"X". This Preliminary Plat complies with all applicable technical requirements of the City of Wylie and conforms to the adopted PD provisions. Approval is subject to additions and/or alterations to the engineering plans as required by the Engineering Department. P&Z Commission Discussion The Commission recommended approval 5-0. Page 1 of 1 No ___ �� LINE TABLE LINE TABLE LINE TABLE : STREET 1- an - '— T PERCENTAGE 120 , ' Plane NAD83 Texas North Central 7ono 420,LINE BEARING DISTANCE LNE# BEARING DISTANCE LINE BEARING DISTANCE - .` z ... ' 22W 89 w the ect property entirely LI L23 S4,20 x"W ,7s8' L45 S89.4336W a' ,n^�,w, Graphic mreeo., Abctract.No 960 Howover the Texas.Ganeral Land Office maps Show that subject.proporty iSwIthol the Wdllanl Ls s L .s .s' i a. -...-- MATGNIINE SE 1-� "' E SHEET 2 a 00� Number 448085C0535.1 dttted June 2 2009 the sk313ect property 1,e9 within flood 2.orre.X'(Area of Minimal Flood .3"'.:3-.,,,,,,,0, Hazard)a.Gone A°,Spemal flood Hazard Area without Base F...Llevationj This statement does not Lmply t., ] Ls as L too 72 ,s4s' 807' 1' that the property and/or 5truct,e,thereon vfill be free from IloodIng or flood damage-On rare ocoasrons reater �_ _ VOL UME.7 PAGE 003 W 2 all E P# x v not create 4abdity on the part of the sucveyor L3 ass C a- < A L29 N46°0e1aE se' N appurtenance No be wet.,tnangles or comer clips '% / v ^ �m Le 927w se L ar % s ft = 45,,VISIBILITY EASEMENT DETAIL I /�l ti 9 53 S89 0253 9 1,3CAI Ain,11,ERS,Ci101.+5 documents)will be allowed to be 21 feel in pavement awl,to curb wittl parkfng allowed on one side,the street -,333,, L„ N3,3109, 2500 3 S45122900 177°' w r 7.75 EASEMENT BUILDING VICINITY MAP m f� \ties' ., sxaa.... DETAIL 8. L; NOT TO SCALE L,a c0 e r , STREET 9. GI c.FOSTEROD 7 p JIM .pxya2ozz000us.o\ L58 s492r54 s. / — — VOLUME s,s9,PAGE W �.o .i t — tG. ,onofCM/Ordinance and State Law.and 'C,sz LIS N403206,= 2828 L7 S47184sTv 17.sa' withholding o,utilities and budding Penns += 16863'M Ti,onnoss L15 N492754W 23.25 L351S09,8a7PN asap S49„54E c G9 e8 IA S03°Geye E L,e L 7s8 7sa f r--- "` ABBREVIATION LEGEND ti' *^O' / o L19 ONSET s8 L, Nv,1808E 75s' e' IA Imo-a a. ABBR DEFINITION \ G05osnoo078ea28 5 2 G 87- 1 A AMGN ALUM �, TYPICAL LOT DETAIL RE IRON ROD FOUND Let 8 L 4e' s e822317'W 5194' µas cRs IRON SIPPED',,,' 9 ¢jb J 4R L22 N43,926W ,7 se 1..4a Se,Cs 23' 17.8E CRF IRON % "" 20 H // p— CURVE TABLE FOUND —_- % / s j P ro%4 /4 j /%OF 'x'cu z 3. Prcs PK NA 6 NO DELTA RADIUS LENGTH CH L CH B CC4. COUNTY CLERKS INSTRUMENT 9S CI a 50,0 a s02 0103 W CM CONTROLLING MONUMENT 4. NO. - HySS 2 / fi \ W / iw, <. PI, PK NAIL FOUND 0 a sRENOA HENSLEv illit .,, Ca CC#950043204 / O _ ° 'ap'1 RACT CIO BRENOn LtE nENSLEv a//\ tc a^J 5 CB cB e cC azOGz„zT00150]as0 /sV p l ^J1x 5558 5900 5E \W :I#20o],E700t58TSs0 l QVOLUME a,PACF,&E / C,t 32,5 19 280 00 160 07 157.90 S61.3904"E JIRRY HENSLLY p C,2 5611 280.00 268. '2683G NB29,5C �RENA O CE'S CC#CM°078,44 /// an /Qq= O p/ I Fo R / JIs il Igo P 9 ' p BROOKRIDOE DRIVE / ) ,e 0!„1 f01SB/490 //e/\ -A Rob -_ ° _ _ __ e / \ _II 3�c°a NE°291 7 ,5 s ,4s o�TH3RG�p P,2 W� „ ,9 9 3 7 s M //: ''.='.'','//�/ /� s s0I'I /¢C C NET P AGE 987 R CHARD ALnN GERMnGK ry0 s "--; O POINT NG c 3333 �BEGINNINO o� z[0 VOLUME 528 Ex eo! S 01 01 25 W - - - \ 4 oe '.'+y.9 _ hp EA3rE �..ii . moo. st 745000 �' �`� �� _L s zntso3,o CCzaSs,o r--I� 43,oa _— --[inErznts — _ f'J 0/ % vle. / P I'I w CORP EASEMENT (� 2. \, P. j' Iw�y c 5 , y A20, / p 22 m nat v: ros 4 3. 'VOLUME..PAGE 252a 0 3 a� �'' '� i � � qP roRi I I � l � l a v '64 1 —� �' i i I I I I ,. I e�I �� _ I ab<<GNT g ,..1 00235929li- PLAT [1L ry of s: I N0428 �. C. Iv T 8f ry EASE IYIS s°r s e ° T.� CC n2a,sav0 _ �" µ R 350.10'- -N 003234E-- C4 C3 136387 N00'3002 E JT.'_ C2 w �g `p I� ,�/�°/,�� 6�/ (CV T+s PLAT/ EMERALD VISTA TEXAS POWER& r WATER NORTH y 110 41 E T L4 -pp2 `) LOTS I 23X 43132X BLOCK A'LOTS 17BX 80 LIGHT COMPANYEASEMENT) .orw_v;_ SUPPLY COR78 ACRES P - /// Cc#20R 0,1,52,0 .J C1 /,_\\I�_T' 'I 6L0 - VOLUME 3,3,vncE,,7 _ -c 7IRVOLUME 524 APACEIsS _- LUM STRICT EASEMENT 2439 IYI PHASE ONE AND Co,,,82,0 / .•, L3 //„ W BLOC::CK B'LOTSIX.2-29 BLOCK C:LOTS A `— CO 5t,o028 a0788s 0 5 K 3 ° g¢ _ `` CC 0,9 02-°° SiSOuM1 e BLOCK 25X 20 31 BLOCK D LOTS 1 20 21X m S BALLARD AVE V T I ( I I— CK E-LOTS 1 i4 BLOCK F-LOTS 1 i4 BLOCK G'LOTS 1 26 2]X BLOCK H'LOT tX U 'ACE 2A\ VOLUME I 2 ;LOT iX BLOCKL LOT iX BLOCK) v Imo 6092 "PRELIMINARY PLAT FOR51 669 ACRES OUT OF THE WILLIAMS SURVEY ABSTRACT NO 980 __ _L ( __ I_6 A I t, 1 11 iATff O� (t REVIEW PURPOSES ONLY„ O bN A ASBURY DR T OUNTv,TE;as /-� / =o TgT'FB ACRES Es I LAND SURVEYOR 06HEET Wvl E CDete 7rz9120ty i 9 LIGHT OF _ —_a I � l o''I DG oo UMES PAGE N°°=re'3910 1 ' I s a °°''';eLI' ®ENGINEERINGCONCEPTS Scale ,,99— �� "° &DEOIDN,L.P. ,� (2,4)2s32.9s'3s OF CONSTRUCTION SERVICES FIRM REG#1-001145 I �� Fax iw2l 412 5urvey 5@e olsae -— 4 3 x 1 I I-----\ 1 I I I I VOLUME PACE 3ssX FEmart irm No.tm9teoo ° 9729ntanoo FAX 04,Hmt wmrvvkcDLP.coM Proiec,H'o aee s P Emuem OWNERS CERTIFICATE which hears No.02 STATE OF TEXAS 4 degrees urve to the left through a central angle of 03 degrees 58 minutes 45 seconds.an arc COUNTY OF COLLIN § distance of 20347 feet to a atsincb imn rod vath yellow cap stamped"RPLS 3952 set for the soli of said curve, Chairman,Planning 8 Zoning Commssion Data / WHEREAS BLOOMFIELD HOMES,LP,Being the sole owner of a 51.669 acre tract of la.sduated In the D.W.Williams North 00 degrees 30 minutes 02 seconds East.a distance of 363.87 feet to a 5/8-inch iron rod with yellow cap City of Wylie,Texas , . Survey,Abstract 980,Collin County.Texas.a.berng a part of that ceRain called 22,1/2 acre tract of la.desonbed rn stamped"PPLs 2963.set att.beginning of a tangent curve to the aght having a radius of 1070 00 deed to the Mary Stone Howrey Living Trust.recorded as Instrument 20110217000176520,De.Records,Collin County, LOT 4,BLOCK A\ TTexas.a.all of that tract of land desc.ed in a deed to Cecil Hale.recorded in exas.a, bang more pa describeddy abwntlsasroo of g (R e chord which el end adistanco APPROVED FOR CONSTRUCTION" // (13.780 AC PA ON �.�/ BEGINNING at a 1,xinch iron rod found for the northeast corner of said 22,2 acre tract and.northwest corner of beginning of a reverse curve to the left having a radius of 1170.00 feet,a.a chord which bears North 02Northeast...said cting]to tho nght,through a central angle of 03 degrees 50 minutes 10 seconds,an of 71.64 feet to a 518-inch iron rod with yelIow cap stamped"RPLS 3963"set at the end of said curve a. Pea Southbrook Phase I,an addition to the City of Wylie,as recorded in Cabinet P.Page 987,Plat Records,Co:lin County, 26 minutes 23 seconds East,a distance of 77.46 feet: Mayor, datwyaa Texas / ; TO CITY o5d \ Texas.said pont also hong fn the south line of a 7 0105 acre tract descnbed in a de.to James Gee a.Stacy Gee '''. 7,,' xxx x.,xxx oa N, mdstanca ACCEPTED rset at.end of sod curve, 168. 1�'33 THENCE South 01 degree,01 rranules 25 seconds West,with the common boundary lines of sad south,.Phase I and sa,d 32-1/2 acre tract,at 950.00 feet passing the southwest corner of said Southbrook Phase I common to the North 00 degrees 32 mmutes 34 seconds omm feet northwest corner of a 0 9958 acre tract of land descnbed m de.to Richard Alan Coned<and Ann Mane Cermack,as stamped eP set,me so .,a distance of a�mo58 rs50.1LS 0fract ee too non-,h ciron rod with yel,ow cap id recorded in Instrument 20121220001646220 of said Deed Records a.continuing along the common line of said 32-1/2 meyor.ctyo v.mesas Data S07°30'4474'W_i,8 N \\ CC MO.9S0007168 to •=v ADJACENT SUBDIVISION \' comer.a called 2 00 acre tract deserted rn a deed to C.Foster a.wife Gladys Foster as recanted rn Volume 52B, said 32-1/2 acre tract.a distance of 386 68 feet to the POINT ,ma and 3 acre a.0 9958 tract.at 1213.97 feet passing he southwest corner of sod 0 9958 acre tract common to...west THENCE South 89 degrees 34 minutes 06 seconds East,with the common boundary line of said 7.0105 acre tract and 9BEGINNING ANOc q rest Page 213 of saJd Deed Records.and co.nuing with the west line of sad ZOO acre tract for a total ci,stance 01145000 or 51,669 acres of rand "APPROVED AND ACCEPTED" on 2.,,.Bormoctvo cove ( ( �' \ X NOW,THEREFORE,KNOVV ALL MEN BY THESE r his plat is hereby approved;n accordance with Subdivision Regulations(Ordinance No.2003-03) proper,as EMERALD a ry U, AND zo,T 30'SANITARY ___ — '_0 THENCE South degrees 2B a.with the common boundary - opt this `� SEWER saa ego acre tree eta callor, g that o� sow-ease comer roar pr o,and coos 10 m Tract and Tract .aescnEe oHensley.as revered bs use forever,...eels, ems shownEMERALD VISTA, - to o a0 \ Dead Records,a 1.4375 acre tractdeed m Jerry Hensley 'n re dedicated for street as,as me day of a 'x a mere accepted naa - ,pub e _�_ a County care re 94,078144o a2ass sere,mat Ora forever,for the purposes ter and sewer nee as dart a/�--"- _ — —..... + remainderBrenda Hensley,as recorded in Co.,Clerk file 95,0043239 of said Deed Records,a.the southwest Izne of the shrubs or other improvements or growths shall be constructed or placed up..over or across the easements as shown, pIaces,a. authorized the Mayor to a.,ceP2nca signing his come y subsorted ^\ rz.i.t L' LP ,. Deed Records,for a total distance of 1122..93 feet to a 6.0d Nail found for comer in a fence post at a common.mer of of Wylie.In addit,on,utility easements subordinate to the public's and City of w wmessmy-and day or a,g THENCE South 03 degrees 09 mmutes 19 seconds East with a common boundary Ine of said 22-1/2 acre a.61.453 1 u said 32-1/2 acre and 61 4.acre tract demi.to use or using the same unlessm acre tract,a d,stanre of 168.63 feet to a 60d na:1 found for the south east corner of sad 32-1/2 acre tract and an exterior T.City of Wylie a.public Ali,entities shaa have the right to remove a.keep removed all or parts of any buildings, :,',--1 ,1,' 'CZ \xx. ... ell corner of said 8,453 acre.tract,said comer being in the no.boundary lino of a 2,998 acre tract of land des... fences.trees.shrubs or other improvements or growths which may in any way endanger or intertere with the construct., deed to Cecil Hale.as recorded in Volume 5166.Page 1866 of said Deed Records. maintenance,or efficiency of their respectrve systems ul said easements.The City of Wylie a.public utility entities shall City Secretary g. at all times have the full right of ingress a.egress to or from their respective easements for the purpose of of baseoce s afo53acre tract recorded an in Volume 3169,Page 859,point, in 21.0242 acre tract recorded as Instrument No.9,000.22,1DROCT),respe.vely,a distance 5Foetrome p PP 1 o platting -rues, g and a call. respoctrve systems without the necessity at any 10-no procuring ,fromaors y.Texas on9 City of Wylie,Texas /�',HENCE South 89 degrees 32 mznutes 09 seconds East,along the north line of said Hale tract,a.along the south Imes reconstructing.inspect,..patroll,..ma,ntaining.reading meters.a.adding to or rernov,.all or parts of their r `I1 \\ 'I' \i regulations wofw ,i OO THENCE South 85 degrees 321,nutes 52 seconds East.continuEng along the no.line of said sooth lines of said 21 0749 acre tract a.a called 20 0749 acre tract of la.desoribed in deed to Ricky flay Foster, e O Haletmu,and song me day of ,zeta 2cB rc it' y Dnv o ANOEftsoN recorded as Instrument No.98-00071.,(DRCC,),a distance of 27°.221eet to a pont tor comer in a 20"elm tree at the FOR, northeast xxxxner of said Hale tract,frnixx which a 518''iron rod with a yellow plastic cap stamped"RPLS 3963x set for reference bears,South 71 degrees 36 minutes 17 seconds West,a d,stance of 3 55 feet, \L'*''''*.'C 11151VORIII. , ,tm THENC post oun3m arseeggs Wont, east rat ae tract,a astance of tes to feet Bloomfield Homes,LP �'� �F rs cc a2D,2og0euSt„aa40 E South 07 degrees 30 nxnutes,,14 seconds West,along the to a THENCE South 17 degrees 33 rn,nut.Ds 22 seconds Ea.contirong along the east lino of said Hale tract and ast corner thereofa record. I as § Instrument ( extenorSlit ( >) any,b c In and for said County and personally \ bears so -, .,., ; \ nown to.exeuerobe the personpusenames foregoing `` \ r, THENCE South 84 degrees 31 minutes 04 seconds West,along the common arte of said Hale tract a.said 10 947 acre r.trxrnent a.thereinaPPeared wLmA aFAN Tu ER �o tract a ctstance ot 264.00 feet to a point tor comer at an angle point.from whidx a."iron rod xv,th a yellow plastic cap ,t,the caPaa4 stamped'RPLS 3963'.set for reference bears.North 78 degrees 10 minutes 55 seconds Wes,a distance of 54.40 feet, 0notad,d®aareafart Pms 01Ba mere W ended 5gaa2t) �' \ Gwen mY hand and Seat of Off,.,hiS_ THENCE South 85 degrees 33 minutes 04 seconds West,aIong the south line of said Hale tract,a.along the no. Imes of sad 10.947 acre tract,a call.4.965 acre tract recorded.Volume 3097,Page 003,(DRCCT),a called 1 000 acre tract recorded as Instrument No.2°020220000230660,a.a.11.1 acre tract of la.described in de.to ; I ' Sanford Tucker,record.as Instrument No.20080627000788320,iDRCCT),respectively,passing at a d,starice of Notary Public for the State of Texas `. 435.13 feet,a 1/2"iron rod found at the northwest corner of said 10.947 acre tract,common to the northeast comer of ommission expires, said 4.965 acre tract.a.cont,nuing for a total distance of 1545.90 feet to a point for corner near the centerline ofPleasant Valley Road at the southwo.corner of said Halo tract,common.the northwest comer of sad Tucker tract sURVEYORSCERTIFCATE i from which a 5...8r iron rod with a cap stamp."5319"found for reference bears North 65 degrees 33 minutes 04 seconds East.a distance of 26 45 feet; STATE OF TEXAS §CMS Wil THENCE North 45 degrees 04 mhutes 43 seconds West,along the centerline of said Pleasant Valley Road a.the OUNYODA § PRESENTS: ' ml.�- ,� aLaME2gP,PADEgg2 P southwas,i.of said Hale tract a dLstanco of 343.64 feel to a pcxnt for corner at the most western comer therBol, MEN common to the most southern corner of a call.3 acre tract of...scribed In deed to Peter P Brady 4 Denise Brady, recorded Page ( ) 9.oun nor TC ClR -c. at,on an auua a,a aurae sv,uey efine andaa ma, JSEE SHEET'I reference degrees minutes 57 secondstom aaatance ot20.t3 feet, comer monumentssb.nberena, e propery paned under persona aupelson in accordance with the -- MATCHLINE— Subd,vision Ordinance of the City of Wylie, THENCE North 46 degrees 58 Mules 57 seconds Ea.along the common line of said Hale tract.sald Brady tad,a dLstance of 515,0,1 feet to a 5/6"iron rod wIth a cap stamped"39,Xg"found in the south Eme of said 32.5 acre tract at the PRELIMINARY-Ms tlaco-nent shal,.be,ocoNatl for any put,se and shallrot be used or viewed or refreduporr as THENCE North 89 degrees 32 minutes 41 seconds West,with the common boundary I.of said 3 000 a.said 32-1/2 acre tract,a dLstance of 736.05 feel to a''Ixt,Rad set tor corner at a west corner of said 3.000 acre tract,from which a 518-inch iron rod with i sruforeec`hrasouuhs�p sa(ondrfrenceer S sdegrees 32 minutes 41 seconds East a 502-public mad igbtotway by occupation distance record foundi,ac roar g the tamer of PleasantvalleyRoad,a Reg.tered Professional d Surveyor State of Texas No,3963 THENCE No.45 degroes 16 mmutes.seconds We.,wIth the southwost boundary lino of msz vznme tract ana me center of said Pieaaant Valley Road,a distance of 554,feet to a PK NO sector comer. STATE OF TEXAS § COUNTY OF DALLAS § THENCE No.44 degrees 43 minutes 21 seconds East,a distance of 27.60 feet to a 5/3,inch iron rod with ye/low cap star,."RP.396,set fox corner at.most eastem southeast comer of a 1.6699 acre,act or a aaaxmea. any,a NoW Public m and for dam aunty a...,on this de,e Person.* deed to the City of Wylie,recorded aS Instnsment No.201410130°1118M of said Deed Records, appeared Robert C.Myers,known to me to be the person whose name is subscribed to the foregoing mstrument and acknowledged to me that he executed the same fcw.PurPoSe.cen.eration.ere,"xP,....,,,,.cePeci, No.46 degrees..minutes 39 seconds West.along a boundary X.of last mentioned tract a d,stance of 115.19 tharoin stated. feet to a 5/8-inch iron rod with yellow cap stamped'RP.3.3"set for corner at a cut back corner of the new stablish.by last Thence along a.g South enuaas of ssaid,.ea.,g acre tract and Bout-Ballard Avenue(vanam Ia width g war)th hthe Ball.easterly e followingcourses' Notary Public for the State of Texas North.degrees 26 minutes 06 seconds West.a distance of 91.05 feet,at the begin.,of a non-tangent curve to My commission expires,.02,14,2019 ! the left haw.a rad,us of 910 00 feet and a chord which hears No.14 degrees 01 rn.les 03 seconds East,a To' distance of 301.57 feet, Northwes.rly,with sard curie to the left,through a central angle of 19 degroes 04 rn,nuto5 32 seconds,an arc PRELIMINARY PLAT distance ot 302.97 feet to a 518-inch iron rod with yeIlow cap "RPLS 3.3"set for the end of sa,d curve xl'' No.04 degrees 28 minutes 47 seconds East a durance or 138.58CN feet m acfsmc-iron rod win,yellow cap EMERALD VISTA xo stamped aPLS Baas set tor coma! PHASE 1&2 LOTS 1,2.3X,4-31,32X BLOCK A,LOTS 1-7,8X East a durance of2¢-0a fax w a.vsmcb von rod with yellow cap BLOCK B;LOTS1X,2-29,BLOCK C;LOTS = stamped RPLS 3953 set tor comw. 1-24,250 26-31,BLOCK D;LOTS 1-20.21X, Soulh.degrees 55 minutes 27 seconds East,a distance of 56.31 feet to a 5/8,incn no,ma,on vo..., BLOCK E,LOTS 1-14,BLOCK E,LOTS 1-14, t Elm Drive. proposed 50 it asphalt public road y BLOCK G',LOTS1-26,27X,BLOCK H;LOT 1X.stamped^RPL53eG3'set for comer at the southwest corner of -a-a m dab ':° saw tons sae tract(Wmsa WWemaa,no record faux.); '1050 E.e dd Homes Suite BLOCK K;IOT IX,BLOCK I;LOT OF IX,BLOCK a_ ...degrees 00 minu,e3asetende West,...stance of 50 00 feet to a is-non rod Y P Sout.,Tex 6002 ••PRELIMINARY PLAT FOR D.W.WILLIAMS SURVEY,ABSTRACT NO 980 ,,,, stamped RFLBSUGl setter comer at the northwest cameral said Elm Dnve, (sr7)415-1572a REVIEW PURPOSES ONLY" ctTy of wyuE cows eouNTy,TExAs West,a tance of ammped,PLS3.2.setforcomer, aw�adeanao,2.3,fax,oe mah�nrpa r ye cap •ENGINEERINGCONCEPTS SHEET Scale �g,2otg feet to a 5/8AncM1 won rod with yellow cap No.42 degrees 45 mi..,53 seconds LAND SURVEYOR &oEafaN,L.P z stamped RPLS39.set tor comer, (311)532.0835 a' OF F, P Emerald r. Fax 2 2 ampeaRPLD3953aet g g a g cumetothee g dusof2s�s«.a.achnm Firm Sob°b o22R g,gg4,3400 201 FAXF2g,34g ,/EDDL DDm Project No.:08816 w aa. «< BURY DR g 1 AOPV/ / �� ❑ RO w^1v""x o" s� vOO MHo m A j ® \ L ._ O peg r. r SCALE N FEET ZP4 za \ '� 1' BO' GUADALUPE DE - oRW O; - Hw Q E,,' O �/ LOS SAN7'0A SURVEY /' s BACLAR0 AVE m< O _ m / mwEwr B ❑ 24 ❑❑❑❑ / od (FIRE STATION 25 ❑ 30 ❑ 1" 1 ! 2 3 4 5 6 T • — I a I 8 9 9 0 FF■■ • z O / �n 15 �oN nl� — •. .• P EMERALD VISTA BLVD. 2 0,\°:\\ �P�� <� 1 a❑ �i <� X1 EMERALD VISTA eL.vo . 1' l,EAST ..e��«,mod / � I �7 � ��\<.\ Aff s L ❑ - — ga., , ❑— ----......__-- <.<,. <�o 6 ❑ Pil B ❑I P-7,— �(/‘*10:1) /9' _ 21 I 6 a 0 2 - _❑ 28 27 26 2 23 22 21 20 19... 8 1( 15 id 13 / ❑ ❑ 8 �w� I �j 1O❑ / B sXn Eli t 6 mEs19 < '.c i ❑ / / D.w WILLIAMS SURVEY to it IIMICJILI1'dirilWriail `i �11 ® / 11g A 9B0 Oa. .. BROOKRIOGE DRIVE ® �\ it &,,,_ 1' rv.w r 4' 1 2 �E / x� WII ABBE, 6 ,121 �s 13 l_.--+ II \ 1 � vsm'�iovacc ssn . �v , _ A 20.Ov5 3.0' ROW �I , I�� SM2 v X 1 n ` El❑❑ I'1 2J rvn51Mt \ z y,. " \ C ha, ❑ v I Y se , ' �� zo Concrete Pa ee . i ❑1 I , o❑ 22 �m.... 5' Ell Nil m ❑ •s// Ames 18 ❑ _ Nis 1B ❑ / TYPICAL SECTION VICINITYMAP ❑\ Asia EMLNAL VISTA BLVU- / � /I � 15h�F� L I i -�AjE'b D Vr \ %////// I / . I I I o, v ,\ lt_i_l ❑ 1''1 1❑ ❑I z O❑ Ss x OLD 1I1I1 i I Clips 2 ❑❑1' I1'I ❑ Il ni ._„<., ❑26 1 'I II1 , , ex.as"1,,, Y MN \ ..mm£YAdF1`I_L9N No/Es. PRELIMINARY WATER AND SANITARY PLAN D ,a2e a.e 6ae�ae,.a<=rota Paee a.6nat D PP"'PP" EMERALD VISTA s ceal<ol zone aze2 wm6en cooror,eol coa,o,Feet zs3-Nc 168 RESIDENTIAL LOTS °"°' "'' w arcs 9 OPEN SPACE LOTS cxcc. a Lana office mapsshow that sub,ect 1 PARK LOT proPortr,is..thin the wni.am Sutton Survey nsl.act no.asa L FIRE STATION SITE BEING (SAHA)as y'Toss and 51.669 ACRES ne SITUATED IN THE createSurveyor does not certify<no:revised floodplain.nforrnatior.has or has not been published by the ederal xmerxency Management Agency or some otXer source XI s statement xhall not ae.-ty DF F 0 ER WILLIAM SUATON SURVEY,ABST NO 860 /f fl ma BLOOMFIELD HOMES CITY OF WYLIE ETJ,COLLIN COUNTY,TEXAS '�. ma a1a aee y „e<s 105 E G i P WISE 210 So T t i5 us 26092 GI TEXAS C ONCEPTS&DESIGN L.I ( )ai-1522 EN INEERING/PROJECT MANAGEMENT/CONSTR TION SERV tot IX 00085 ICES I "" n„ and eBlock oeo.aeaa NO� ��cR SUITE 75008 gq'TE 2019 (ez)'''-' a ')B Bo 3 OF 4 ASBURY DR o E{ ....a 100 50 0 ,00 200 y"., ^ exa i r ":):: 7 .... 00i 1 e SCALE N FEET .� n �� ou CJ rH oo cUA�AEUP0E0 DE —at,w tanW orb P gr O LOS SANTOS.SLIRVEY� / a -____ 1 .,,,,_ :°: s ,e; s 6a6uaO nvE 7777' a I III 410 _- ir--.. . --- _ , / �'' o / �/ 524TION 25 26 28 .. � 1 �� 3 `��: ®u �I 9 MIEN y ' '-, w %/, i -- EMERAIU VISTA BLVD ® 1� ` tie . �� ''''''''''Ill':::::';':::':':'''::::' ./ Opts G' �l / AL Z P i 5 " 04:-xL I — o �,� EMERALD VISiA.BLVD � �o ann 41: Alin 41\ E. iiii 0i ♦4, �� i Ej U � �t I ze ��r __� a za 21�-I' � 6 4,/,•:,;:01/:/_ / 0/ 4110 /// i�� DLL- WILLIAMS SURVEYr II - ±11 A 980 — - - -_ BROOKRIgGE DR vE- q.., >.:I / o � � ''''''\'', 'S \ 0\s...-- (I) :III .' 1•2 , s,.\ s, la 1 wA 0 O g GAS ROW II gr4OPV4f s 1 II rz� k rs s� s , P _ao ce,L.e1e ax '� xis x i 2a , Is L\, g PN� iI ,o.o ?SO wL 11A /y i 4II �= 'o ' � ® ,II I�--� �9 / ' ,es, �'pL EMLNAL VISTA BLVU TYPICAL SECTION VICINITY MAP NFs 1 1 i i 4.4 a Q is 1 it,E E, ¢ , 1 L `o s n M �.r _ ��' rlorEs. PRELIMINARY STORM SEWER PLAN B ,e9=e.e„ee oe T oe Tlele °B3 rw.c=NO,r„ EMERALD VISTA �65µir.R,spa uor,o zone azaL.wmbon coorsr,00 Como Fos,(1ze-s acF). 168 RESIDENTIAL LOTS (MSeeVe pr ioAHr ry,m asbs�a.e ,„eo sw3 5Ja,m„esr,.„c = vz oAo nssr a o,asa e areo 9 OPEN SPACE LOTS OTS 1 PARR LOT or„ ad -e aos now r„a s,bea 1 FIRE STATION SITE BEING 51.669 ACRESqf) a 5 Byyop„co e - o oe uo ., .. ^� ^o SITUATED IN THE „ ,a noc�.eare-ab--ry DF E OFER WILLIAM SUATON SURVEY,ABST NO-860 � '""s o me eo=c o DLOOMFIELD HOMES CITY OF WYLIC CTJ,CO[YIN COUNTY,TEXAS mB are s/e' aSrvumne,39sJ. 105 E G iP SLliF 2,0 r. L,. a. a ,omoR see e eo 0 ode rn ye o o,7e em e e So T S I,AS'16092 ENGINEERING CONCEPTS&DESIGN,L I? 1.I1 4 tors ax&3,x 9 ock a tot 5x, Bock c,aoa Lot ibx ez¢P,:Bock D,to be owned and (517)416-1572 FN INRERING/PROJFCT MANAGEMENTS/CONBTROCTION 9PROICEB 'L 1 z�ce� nr' _ ma vta nea Y e N.omv(toners esvc ato x D -VA,"R9,¢p B �N°COTepE oo FAX °` He° I°>2>0a,°aa B° ax Is>zl'aa,Ea�,b°4 ON' 4 Wylie City Council oF 1 AGENDA REPORT Meeting Date: August 27, 2019 Item Number: C Department: Human Resources (City Secretary's Use Only) Prepared By: Lety Yanez Account Code: Date Prepared: 8/15/2019 Exhibits: 1 Subject Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long-term disability and prescription drug coverage. Recommendation Motion to accept a proposal from Aetna for FY2020 medical, dental, vision, and prescription drug coverage under our current broker, The Wylie Insurance Agency. Accept a renewal of long-term disability and life insurance coverage from Lincoln Financial Services,under our current broker,The Wylie Insurance Agency. Discussion Requests for Proposals were sent to Aetna (current provider), United Healthcare, Cigna, Blue Cross/Blue Shield, and Humana. Cigna and Humana declined to bid. The Wylie Insurance Agency presented several renewal options for medical insurance. Staff is recommending continuing with Aetna for our medical, dental, vision, Employee Assistant Program, and Flexible Spending Account. For FY2020 medical, vision, and prescription drug coverage will incur a 0% rate increase. All medical plan benefits would remain the same. Highlights are below: 00 Annual individual deductible of$2,500 and family deductible of$5,000. 00 Individual out of pocket of$4,000 and family out of pocket maximum of$8,000. 00 Prescription co pays are $15 for generics, $50 for brand name drugs, and$90 for non-formulary drugs. For FY2020 dental,there are no plan changes and the rates include a 6.4% increase in premiums. Lincoln Financial Services, represented by The Wylie Insurance Agency, is renewing both life and long-term disability coverage for FY2020 at the same rate as FY2019. Page 1 of I Medical U ��U Benefit Design r � x�"K�uu��x Plan ��K�K��uuu �~��U�� CjTY {}F � `Effec kelU/1/2O19 ��r� �N� �� w w~wm� The City of Wylie is pleased to pay 100%for all employee's medical,dental, long-term disability and life insurance. Contributions for optional dependent coverage for medical,dental and life insurance is split 50/50 between the City and the employee. trnployee Cost, Employee Only �715�79 �� K1 Employee&Spouse Medical/Prescription �1 '803'82 $544.O1 Employee&Chi|d(mn) Medical/Prescription $I'2O9'72 $246.97 1 Employee&Family K4edica|/Prescription $ '9O4.08 $594.15 Employee Only Dental $48.41 -0- Employee&Spouse Dental $95.76 $23.68 �108^16 �29�88 Employee&Chi|d(ren) Dental Employee&Family Dental $161.78 $56.69 *We have 26 pay periods per year. There are two pay periods per year when insurance premiums are not deducted from paychecks. IN-NETWORK BENEFIT HIGHLIGHTS: * No primary care physician (PCP) required;self-refer to any in-network provider. * Dooto/s office co-pay $40 * Specialist's office co-pay $SO ~ Premriptionsco'pays: $15/$50/$90;discounted mail order prescriptions also available atZxretail rates. ~ Emergency Room co-pay'$]O0oo'pay;additionally,subject to the CYD. * Urgent Care Center co-pay $75. * Vision Coverage regular exam covered at1OOV6 every Z4months. Calendar Year Deductible(CYD): $2'500 individua|/$5'000fami|y * The CYD is a fixed dollar amount you pay for covered services each calendar year before Aetna will pay for certain services. * The CYD is a cumulative amount(i.e.if you have four people in your family all their totals combined can fulfill the$4,500 rather than the first two to reach$2'Z5U fulfilling the deductib|e). Out of Pocket Maximum(QOP): $4,000 individua|/$8,000fami|y * Your$2,Z50CYD applies to the OOP. * Every co-pay and every prescription cost will be applied to your OOP. * OOP is defined as the most you pay during a year before Aetna pays 100%for covered essential health benefits. OUT OF NETWORK BENEFITS: No out of network benefits are available. Wylie City Council 0F AGENDA REPORT Meeting Date: August 27, 2019 Item Number: (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Revenue and Expenditure Date Prepared: August 20, 2019 Exhibits: Monthly Report Subject Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for July 31, 2019. Recommendation Motion to accept, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for July 31, 2019. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT July 31,2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 83.33% ACCOUNT DESCRIPTION 2018-2019 2018-2019 2018-2019 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 29,665,403 505,822 28,346,935 95.56% A FRANCHISE FEES 2,689,000 10,022 2,422,213 90.08% LICENSES AND PERMITS 1,061,000 109,126 908,319 85.61% INTERGOVERNMENTAL REV. 1,252,972 169,692 1,109,149 88.52% SERVICE FEES 3,543,800 431,836 2,821,633 79.62% B FINES AND FORFEITURES 507,500 28,203 261,155 51.46% C INTEREST INCOME 50,000 19,057 181,085 362.17% D MISCELLANEOUS INCOME 210,232 8,808 140,948 67.04% OTHER FINANCING SOURCES 2,273,616 0 2,661,504 117.06% E REVENUES 41,253,523 1,282,566 38,852,941 94.18% USE OF FUND BALANCE 1,355,452 NA NA NA F USE OF CARRY-FORWARD FUNDS 162,366 NA NA NA TOTAL REVENUES 42,771,341 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 91,874 3,090 54,602 59.43% CITY MANAGER 1,215,304 99,498 952,675 78.39% CITY SECRETARY 364,876 22,595 224,133 61.43% CITY ATTORNEY 155,000 26,014 96,183 62.05% FINANCE 1,182,755 70,463 895,974 75.75% FACILITIES 899,037 86,957 563,504 62.68% MUNICIPAL COURT 569,308 42,925 361,973 63.58% HUMAN RESOURCES 606,824 47,858 467,876 77.10% PURCHASING 186,699 15,300 140,726 75.38% INFORMATION TECHNOLOGY 1,432,521 77,781 1,079,838 75.38% POLICE 9,875,412 795,825 7,801,793 79.00% FIRE 9,692,270 681,360 6,499,586 67.06% EMERGENCY COMMUNICATIONS 1,763,084 129,501 1,256,386 71.26% ANIMAL CONTROL 586,131 50,180 437,157 74.58% PLANNING 543,605 38,215 440,612 81.05% BUILDING INSPECTION 577,821 48,280 447,360 77.42% CODE ENFORCEMENT 238,755 18,262 160,626 67.28% STREETS 3,420,957 236,230 1,652,910 48.32% G PARKS 2,660,933 222,815 1,848,867 69.48% LIBRARY 2,101,682 174,441 1,598,380 76.05% COMBINED SERVICES 4,470,958 738,709 3,770,045 84.32% H TOTAL EXPENDITURES 42,635,806 3,626,297 30,751,206 72.13% REVENUES OVER/(UNDER)EXPENDITURES 135,535 -2,343,731 8,101,735 22.07% A. Property Tax Collections for FY18-19 as of July 31,2019 are 100%of budget,in comparison to FY17-18 for the same time period of 99.82%.Sales tax is on a 2 month lag and has increased 15%from July 2018 YTD. B.Service Fees:Trash fees billed in October are applicable towards FY 2017-18 revenue with the remaining fees coming from other seasonal fees.YTD actual trash consists of nine months of income. C. Fines and Forfeitures: FY18-19 budget was decreased.Actual revenues are down 36%compared to this time last year. D. Interest rates had been gradually increasing.July 2018 was 1.89%compared to July 2019 at 2.39%. E. Insurance recoveries for Public Safety Building. F. Use of Fund Balance:$1,300,000 for Fire Station#2 remodel construction and$55,452 budget amendment for architectural and design costs associated with the Fire Station#2 remodel that were not carried-forward from last year. G.$833k encumbrance for street overlay projects. H.Transfer of PSB insurance recoveries to PSB capital fund. CITY OF WYLIE MONTHLY FINANCIAL REPORT July 31,2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 83.33% ACCOUNT DESCRIPTION 2018-2019 2018-2019 2018-2019 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 19,073,340 1,726,318 13,902,458 72.89% INTEREST INCOME 27,500 7,345 63,761 231.86% MISCELLANEOUS INCOME 30,000 1,715 386,971 1289.90% J OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 19,130,840 1,735,378 14,353,190 75.03% USE OF FUND BALANCE 1,506,050 NA NA NA K USE OF CARRY-FORWARD FUNDS 409,790 NA NA NA TOTAL REVENUES 21,046,680 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 961,425 61,951 649,021 67.51% UTILITIES-WATER 3,377,078 267,497 1,576,260 46.68% L UTILITIES-SEWER 1,481,277 65,106 1,006,693 67.96% UTILITY BILLING 558,981 34,024 389,242 69.63% COMBINED SERVICES 14,585,170 884,052 12,038,368 82.54% TOTAL EXPENDITURES 20,963,931 1,312,630 15,659,584 J 74.70% REVENUES OVER/(UNDER)EXPENDITURES 82,749 422,748 -1,306,394 0.33% I.Most Utility Fund Revenue billed in October was applicable to FY 2017-18. YTD consists of nine months of income. J. NTMWD reimbursement for developers deposits invoiced to the City for the Muddy Creek Wastewater Treatment Plant aeration basin and odor control improvements$373,647. K.Use of Fund Balance: For Replacement/New Fleet&Equipment. L.$910K for engineering design of three water line projects not spent as of July. Wylie City Council oF 1 AGENDA REPORT Meeting Date: August 27, 2019 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 20, 2019 Exhibits: Investment Report Subject Consider, and place on file,the City of Wylie Monthly Investment Report for July 31, 2019. Recommendation Motion to accept, and place on file,the City of Wylie Monthly Investment Report for July 31, 2019. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2018-2019 Investment Report July 31,2019 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,199,300.46 MMA 2.3935% Texpool 12/31/2006 NA 2 $15,747,554.21 MMA 2.3883% TexStar 3/15/2011 NA $30,946,854.67 Total Weighted Average Coupon: 2.3909% Money Markets: $30,946,854.67 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $30,946,854.67 Weighted Average Coupon 3.0000% 2.5000% 2.0000% 1.5000% 1.0000% 0.5000% 0.0000% Jul 2018 Aug 2018 Sep 2018 Oct 2018 Nov 2018 Dec 2018 Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 A A Wylie City Council 0F AGENDA REPORT Meeting Date: August 27, 2019 Item Number: Department: WEDC (City Secretaty's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: August 21, 2019 Exhibits: 1 Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31,2019. Recommendation Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31, 2019. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on August 21, 2019. Page 1 of 1 Wylie Economic Development Corporation Statement of Net Position Aaof July]1,2Ol9 Assets Cash and cash equivalents $ 545'479J8 Receivables $ 140'000.00 Note Inventories $ 11'696'750.14 Prepaid Items $ �__ Total Assets $ 12,382'229.92 Deferred Outflows of Resources Pensions $ 1U1,1Z1.55 � Total deferred outflows ofresources ^ $�� 101121.55~ Liabilities Accounts Payable and other current liabilities $ 7\586.13 Unearned Revenue $ 79'200.00 Note Non current liabilities: Due within one year $ 72,727.29 Note Due in more than one year $ 6i244066.09 Note Total Liabilities g 6'4U3'579�51 � Deferred inflows ofResources Pensions $ (30'407.41) Total deferred inflows ofresources g (30,407/41) ' Net Position Net investment in capital assets $ ~ Unrestricted ^ $ 6i110,179.37_ Total Net Position $ 6'l10'179�37 ' Note2: Includes incentives in thefonnofforgkmble lounsfor$140,00 Note2: fxcn amortization;depo«dsfrnm rental property Nnte3: Liabilities due within one year includes compensated absences uf$14'237 Note4: Includes$3,503,499.5J draw-down nf the approved$4,5NI00O loan from American National Bank uaof July 31'JU19 8-09-2019 03;13 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF. JULY 31ST, 2019 Ill-WYLIE ECONOMIC REVEL CORP ACCOUNTM TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 543,479.78 1000-1011.5 CASH - WEDC - INWOOD 0,00 1000-10135 ESCROW 0,00 1000-10180 DEPOSITS 2,000,00 1000-10198 OTHER - MISC CLEARING 0,00 1000-10341 TEXPOOL 0,00 1000-10343 LOGIC 0,00 1000-10481 INTEREST RECEIVABLE 0,00 1000-1.1.51J ACCTS REC - MISC 0,00 1000-11517 ACCTS REC - SALES TAX 0,00 1000-12810 LEASE PAYMENTS RECEIVABLE 0,00 1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1000-12996 LOAN RECEIVABLE 0,00 1000-12997 ACCTS REC - JTM TELL) 0,00 1000-12998 ACCTS REC - FORGIVEABLE LOANS 140,000.00 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-141.)6 INVENTORY - LAND 6 BUILDINGS 11,696,750.14 1000-141.18 INVENTORY - BAYC:O/ SANDEN BLVD 0.00 1000-1431.0 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED OUTFLOWS 767,988.87 13,150,218.79 TOTAL ASSETS 13,150,218,79 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0,00 2000-2011.1 MEDICARE PAYABLE 0..00 2000-201.1.2 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0,,00 2000-20115 NATIONWIDE DEFERRED COMP 0,00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ,t 949�.81) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.,00 2000-201.1.9 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0,00 2000-20121 TEC PAYABLE 0,00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-201.23 ALIMONY PAYABLE 0,00 2000-20124 BANKRUPTCY PAYABLE 0..00 2000-20125 VALIC DEFERRED COMP 0,.00 2000-20126 ICMA PAYABLE 0,.00 2000-20127 EMP, LEGAL SERVICES PAYABLE 0.00 2000-201.30 FLEXIBLE SPENDING ACCOUNT 3,241.60 2000-20131 EDWARD JONES DEFERRED COMP 0,00 2000-20132 EMP CARE ELITE 12-.:.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 48..00 2000-20199 MISC PAYROLL PAYABLE 0,00 8-09-2019 03:13 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JULY 31ST, 2019 111.—WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20201 AP PENDING 5,234 34 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0,00 2000-20540 NOTES PAYABLE 767,988,87 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED INFLOW 78,000.00 2000-22275 DEF INFLOW — LEASE PRINCIPAL 0,00 2000-22280 DEFERRED INFLOW — LEASE INT 0.00 2000-22915 RENTAL DEPOSITS 1,200.00 TOTAL LIABILITIES 854,775,00 ----- EQUITY ,��b. .....-__ 3000-34110 FUND BALANCE — RESERVED 0.00 3000-34590 FUND BALANCE—UNRESERV/UNDESIG 9,729,021,76 TOTAL BEGINNING EQUITY 9,729,021.76 TOTAL REVENUE 5,433,688.63 TOTAL EXPENSES 2,867„266.60 REVENUE OVER/(UNDER) EXPENSES 2,566,422,03 TOTAL EQUITY 6 OVER/(UNDER) 12,295,443.79 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 13,150,218.79 8-09-2019 03:13 PM CITY OF WYLIE PAGE m 1 BALANCE SHEET AS OF: JULY 31ST, 2019 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 000 1000-1.81.10 LOAN - WEDC 0..00 1000-181.20 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0,00 1000-1.8220 BIRMINGHAM LOAN 0.00 1000-1.9050 OFF OUTFLOW TMRS CONTRIBUTIONS 35,543.29 1000-19051 DEE OUTFLOW SDBF CONTRIBUTIONS 543..00 1000-1.9075 DEF OUTFLOW - INVESTMENT EXP 0,48 1000-19100 OFF OUTFLOW - ACT EXP/ASSUMP 65,034.,78 1000-19125 (GAIN)/LOSS ON ASSUMPTION CIIG( 30,407.41) ............v_, 70,714,14 TOTAL ASSETS 70,714,11 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 81,193,87 2000-2031.1. COMP ABSENCES PAYABLE-CURRENT 14,237,00 2000-21410 ACCRUED INTEREST PAYABLE 3,991.77 2000-28205 WEDC LOANS/CURRENT 54,498,52 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0,00 2000-28232 ANB LOAN/EDGE 0.00 2000-28233 AND LOAN/PFDDICORD WHITE 0,00 2000-28234 ANB LOAN/RANDACK HIIGHES 0.00 2000-28235 AND LOAN 0,00 2000-28236 AND CONSTRf.JCTION LOAN 0,00 2000-28237 ANB LOAN/ WOODBRIDGE PARKWAY 251,320,68 2000-28238 AND LOAN/BUCHANAN 0,00 2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 2000-28240 HUGHES LOAN 0,00 2000-28242 AND LOAN/HWY 78:5TH ST REDEV 3,503,499,53 2000-28245 AND LOAN/DALLAS WHIRLPOOL 2,000,000.00 2000-28247 JARRARD LOAN 230,437,84 2000-28250 CITY OF WYLIE LOAN 0,00 2000-28260 PRIME KUTS LOAN 0,00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0,00 2000-28290 HIOBART/COMMERCE LOAN 0.00 2000-29150 NET PENSION LIABILITY 17:1,:108.1.7 2000-29151 SDBF LIABILITY 6,506,00 TOTAL LIABILITICS 6,316,793,38 8-09-2019 03:13 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JULY 31ST, 2019 922-GEN LONG TERM DEBT (WEDC) ACCOUNT)( TITLE EQUITY 3000-34590 FUND RALANCE-UNRESERV/UNDESIC( 3,412,605.24) 3000-35900 UNRESTRICTED NET POSITION 120,264.00) TOTAL BEGINNING EQUITY ( 3,532,869.24) TOTAL REVENUE ( 3,503,499,53) TOTAL EXPENSES C 790,289.53) REVENUE OVER/(UNDER) EXPENSES ( 2,713,210.00) TOTAL EQUITY & OVER/CONDOR) ( 6,246,079.24) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 70,714.14 8-09-2019 03:16 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2019 111--WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR. Y-T-D Y-T-D BUDGET OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 2,600,000.00 215,107.94 0,.00 1,860,286.27 0.00 739,713.73 71.55 INTERGOVERNMENTAL REV, 0.00 0.00 0..00 0.00 0.00 0.00 0.00 INTEREST INCOME 3,600.00 491.40 0.00 7,766.36 0.00 ( 4,166.36) 215.73 MISCELLANEOUS INCOME 1,675,166,00 11,196.67 0,00 62,136.47 0.00 1,613,029.53 3.71 OTHER FINANCING SOURCES 4,500,000.00 0.00 0..00 3,503,499.53 0.00 996,500.47 77.86 TOTAL REVENUES 8,778,766.00 226,796.01 0.00 5,433,688.63 0.00 3,345,077.37 61.90 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 9,871,731.13 199,147.50 0.00 2,867,266.60 39,797.52 6,964,667.01 29.45 TOTAL EXPENDITURES 9,871,731..13 199,147.50 0.00 2,867,266.60 39,797.52 6,964,667,01 29.45 REVENUE OVER/(UNDER) EXPENDITURES ( 1,092,965.13) 27,648.51. 0.00 2,566,422.03 ( 39,797.52) ( 3,619,589.64) 231.17- 8-09-2019 03.16 PM CITY OF WYL,IE PAGE;;= 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2019 I.11-WY.LIE ECONOMIC DEV.EL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-401.50 REV IN LEIU OF TAXES 0,00 0.00 0.00 0.00 0.00 0.00 0.00 4000-40210 SALES TAX 2„600,000.00 2.15„107.94 0.00 1.060„266.27 0.00 739,713.73 71,55 TOTAL TAXES 2,600,000.00 215,107.94 0.00 1,860,286.27 0.00 739,713.73 71.55 INTERGOVERNMENTAL REV.... 4000 4351.8 380 ECONOMIC AGREEMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTERGOVERNMENTAL REV. 0,00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0,00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,600.00 491,40 0.00 7,766.36 0.00 ( 4,166.36) 215.73 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1000-46143 LOGIC INTEREST 0„00 0,00 0.00 0,00 0,00 0.00 0.00 4000-46150 INTEREST EARNINGS 0,00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46160 LOAN REPAYMENT (PRINCIPAL) 0,00 0,00 0.00 0.00 0.,00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0,00 0.00 0.00 TOTAL INTEREST INCOME 3,600.00 491,40 0.0 0 7,"/66.36 0.00 ( 9,166.36) 215.73 MISCELLANEOUS INCOME 4000 48110 RENTAL INCOME 122,440.00 11,196.67 0.00 94,795.53 0..00 27,644.47 77.42 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0..00 0.00 0.00 0..00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48430 GAIN/(LOSS) SALE. OF CAP ASS 1 552,226,00 0,00 0 00 ( (2 65° 06) ....._0,00 1,585 385 06 2 10 TOTAL MISCELLANEOUS INCOME 1,675,166.00 11,196.67 0.00 62,136.47 0.00 9.53 3.71 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0,00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 4,500,000.00 0,..00 0,00 3,503,499.53 0,00 996,500.47 77,86 4000-49550 LEASE PRINCIPAL PAYMENTS (0 0.00 0,:00 0.00 0,00 0.00 0.00 0.00 4000-49600 INSURANCE RECOVERIES 0.00 0 00 0.00 0,00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 4,500,000.00 0,00 0.00 3,503,499,53 0.00 996,500.47 77.86 TOTAL REVENUES 8,778,766.00 226,796.01 0.00 5,433,688.63 0.00 3,345,077.37 61.90 8-09-2019 03:16 PM CITY OF WYLIE PAGES. :3.: REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2019 111-WYLIE ECONOMIC REVEL CORP DEVELOPMENT CORK-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-I'--D Y`--T--U BUDGET L OF BUDGET PERIOD PO ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611 51110 SALARIES 290,180.00 22,737.04 0.00 232,941.71 0,03) 57,238.29 80.27 5611-51130 OVERTIME; 0.00 0.00 0.00 0.00 0a07) 0.00 0,00 5611.-51140 LONGEVITY PAY 1,452.63 0.00 0.00 1,444.00 0.010 8,63 99.41 5611-51145 SICK .LEAVE BUYBACK 0.00 0.00 0.00 0.00 0,`ill 0,00 0.00 5611-511.60 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.08 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.10: 0.00 0.00 56.11-5121.0 CAR ALLOWANCE 12,600.00 969.26 0.00 9,934.91 0.08 2,665.09 78,85 5611-51220 PHONE ALLOWANCE 4,656.00 1,164.00 0.00 4,656.00 0,00 0.00 100.00 5611-51.230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00P 0.00 0,00 56I1-51260 MOVING; ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 45,879.00 3,574.90 0.00 37,018.11 0.08 8,860.89 80.69 5611-51.410 HOSPITAL 6 LIFE INSURANCE 41,277.00 6,561.66 0.00 36,494.72 0.00; 4,782.2E 88,41 51,11-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0,10 0.00 0.00 5611-51420 LONG;-TERM DISABILITY 1,655.00 86.85 0.00 943.71 0.0) 711.29 57.02 5611-5,440 FICA 18,863.00 1,386.56 0.00 12,230,16 0.00` 6,632.84 64.84 5611-51450 MiEDICARE 4,412.00 324,28 0.00 3,378.65 0.:00.< 1,033.35 76,58 56111-51470 WORKERS COMP PREMIUM 396.00 0.00 0.00 302.39 0.00 93.61 76.36 5)11-51480 UNEMPLOYMENT COMP ('IWC) 810.00 0.00 0.00 27.00 0.00 783.00 3.33 TOTAL PERSONNEL SERVICES 422,180.63 36,804.55 0.00 339,371.36 0.00 82,809.27 80.39 SUPPLIES 581.1-52010 OFFICE SUPPLIES 5,300.00 71.50 0,00 3,091.05 0,00 2,208.95 58.32 5611-52040 POSTAGE 5 FREIGHT 890.00 39.00 0.00 101.50 0..00 788.50 11,40 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 1,099.00 0.00 0.00 1,098,41 0.00 0.59 99,95 5611-52810 FOOD ;SUPPLIES 2,150.00 266.32 0.00 1,429.58 0.00 720.42 66,49 5611-52990 OTHER 0.00 0,00 0.00 0.00 0,,00 0.00 0.00 TOTAL SUPPLIES 9,439.00 376.82 0.00 5,720.54 0.00 3,718.46 60.61 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0,.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 2,601.00 0,00 0.00 2,568,81 0..00 32.19 98.76 5611-54990 OTHER _ 5,000.00 0,00 0.00 0.00 0,00 5,000.00 0.00 TOTAL MATERIALS FOR MAINTENANC - 7,601.00. 0,00 .... 0 n.....M...,,_,_...,.. _ ..-.-__ ,00 2,568,81 0.00 5,032.19 33.80 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,122,100.50 81,722.41 0.00: 399,644.69 0.:„00 722,455.81 35.62 5611-56040 SPECIAL SERVICES 633,900,00 6,341.55 0.00. 535,366.13 31,745..,20 66,788.67 89.46 5611-56080 ADVERTISING 127,000.00 9,062.50 0.00` 45,047.50 0.00 81,852.50 35.47 56111-56090 COMMUNITY DEVELOPMENT 68,100.00 331.02 0.00' 37,418,20 2,000.00 28,681.80 57,88 5611.-56110 COMMUNICATIONS 9,628.00 521.8E 0.00= 7,847.44 0.„00 1,780,56 81.51 5611-56180 RENTAL 29,328.00 2,444.00 0.00' 26,496.00 0:„00 2,832.00 90.34 5611.-56210 TRAVEL 6 TRAINING 55,425.00 197.88 0.00. 32,992.11 0,00 22,432.69 59.53 561.1.-56250 DUES & SUBSCRIPTION- 30,610.00 1,482,48 0,0ET 16,954.99 3,500.„00 10,155.06 66.8E 5611-56310 INSURAINC:E 4,310.00 0.00 0.00. 4,004.71 0;00 305.29 92.92 5611-56510 AUDIT &. LEGAL SERVICES 39,000.00 996.00 0,00`: 32,427.50 1,730„00 4,842.50 87.58 5611-56570 ENGINEERING/ARCHITECTURAL 30,000.00 6,475.60 0,00+ 15,094.91 822,32 14,082.77 53.06 5611-5661.0 UTILITIES-ELECTRIC: 2400.00 463.90 0,00': 2,792.68 0„00 ( 392.68) 116.36 TOTAL CONTRACTUAL SERVICES mW 2,151,801.50 110,039.22 ... 0.~00 1,156,086.81 mLL 39,797.52 955,917,17 55.58 8-09-2019 03:16 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF JULY 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD CO ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 0.00 0.00 0.00 0,00 0.00 0.00 0.00 5611-57110 PRINCIPAL PAYMENT 1,628,051.00 30,803.17 0.00 791,999.22 0.00 836,051.78 48.65 5611-51415 INTEREST EXPENSE 343,898.00 23,723,74 0.00 180,805.79 0.00 163,092.21 52.58 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0,00 TOTAL DEBT SERVICE & CAP. REPL 1,971,949.00 54,526.91 0.00 972,805.01 0.00 999,143.99 49.33 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 4,800,000.00 172,297.96 0.00 3,954,110.14 0.00 815,889-86 82.38 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 507,760.00 2,500,00 0.00 323,620.09 0.00 184,139.91 63.73 5611-58410 SANITARY SEWER 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 0.00 0.00 0.00 105.98 0.00 ( 105.98) 0.00 5611-58830 FURNITURE & FIXTURES 1,000.00 0,00 0_00 0.00 0.00 1,000.00 0,00 5611-58910 BUILDINGS 0,00 0.00 0,00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 177,397.96) 0.00 ( 3,887,122.14) 0,(T0 3,88 ,122,14 0.00 TOTAL CAPITAL OUTLAY 5,308,760.00 ( 2,600.00) 0.00 390,714.07 0.00 4,918,045.93 7.36 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 0,00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59190 TRANSFER TO THORUGBFARE IMP 0.00 0 00. 0.00 0,00 0.00 0.00 0.00 5611-59430 TRANSFER TO CAPITAL PROJ FU 0.00 0.00 0,00 0,00 0.00 0.00 0,00 5611-59990 PROJECT ACCOUNTING 0.00 0,10 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 9,871,731.13 199,147.50 0.00 2,867,266.60 39,797.52 6,964,667.01 29.45 TOTAL EXPENDITURES 9,871,731.13 199,147.50 0.00 2,867,266.60 39,797.52 6,964,667,01 29.15 REVENUE OVER (UNDER) EXPENDITURES ( 1,092,965.13) 27,648.51 0.00 2,566,422.03 ( 39,797.52) ( 3,619,589,64) 231.17- *'" END OF REPORT ',,' Wylie Economic Development Corporation Balance Sheet Sub Ledger July 31. 2O1S Notes Payable Date of Add'| drovvo Rate of Principal Purchase � Payment Beginning,Bal.~.,~~ to date Principal Interest Interest Balance July 1. 2U1S 6.069.525.29 ANBTX-8813O97G vxOooanmGspmm/Y (#snofoO) 8/15/14 13.287.93 287.150.60 12.63875 629.18 2.81 274.511.85 AN BTX-88148481 auC*AwAm(#so,fso) 8/13/14 7.331.95 15.236.48 7.286.10 45.85 377 7.950.39 ANBTX-88158O43 m&M/HOa*nT(#4Vv,48) 9/2/15 8.745.25 26.516.01 8.058.38 86.87 4.00 17.857.63 /\NBTX-88158357 o*LuASxxmnLpOOL(#32vf60) 11/22/16 mshea 2.000.000.00 0.00 8.866.67 4.00 2.000.000.00 JARRARD GRAYS AUTO(#01OF1o0) 12/1/16 3.109.15 237.122.86 2.219.94 889.21 4.50 234.902.72 ANBTX-80103982 *ms'BROWN&7o(#7OFsO) 12/12/18 varies 3.503.498.53 0.00 15.405.96 5.25 3.503.488.53 ' ` Wylie Economic Development Corporation Inventory Subledger July 31, 2019 Inventory -Land Date of Pur, Address Acreage Improvements Cost Basis Sub-totals Cooper McMasters 7/12/05 709 Cooper 0.48 0 n/a $202,045 Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934 Perry 9/13/06 707 Cooper 0.49 0 Demo 200,224 Bowland/Anderson 10/9/07 Cooper Dr. 0.37 0 n/a 106,419 KCS 8/1/08 Cooper Dr. 0.41 0 n/a 60,208 Duel Products 9/7/12 704 Cooper Dr. 0.50 0 n/a 127,452 Randack 10/23/12 711-713 Cooper Dr. 1.09 217,500 8,880 400,334 Lot 2R3 7/24/14 Cooper Dr. 0.95 0 n/a 29,056 $1,312,672 Industrial Ct. Ind Ct-Hwy 78 7/06 -4/16 Ind Ct-Hwy 78 1.45 0 n/a 924,486 Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300,493 1,224,979 Regency Regency Pk. 6/4/10 25 Steel Road 0.65 0 n/a 25,171 25,171 Commerce Hobart Investments 11/12/13 Commerce 1.60 0 n/a 156,820 Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380 Dallas Whirlpools 11/22/16 900-908 Kirby 4.79 128,925 9,000 2,182,080 2,725,280 Downtown Heath 3/17/14 104 N. Jackson 0.17 0 Demo 220,034 Udoh 2/12/14 109 Marble 0.17 0 n/a 70,330 Peddicord 12/12/14 100 W. Oak St 0.35 155,984 4,444 486,032 City Lot 12/12/14 108/110 Jackson 0.35 0 n/a Jones (K&M) 9/3/15 106 N. Birmingham 0.21 42,314 4,125 190,596 FBC Lot 6/15/16 111 N. Ballard St 0.20 0 n/a 150,964 FFA Village 1/7/18 102. N. Birmingham 0.17 35,390 910 99,804 1,217,760 Alanis White Property (Alanis) 12/12/14 Alanis 6.63 0 n/a 420,336 420,336 South Ballard Birmingham Trust 6/3/15 505-607 S. Ballard 1.12 0 n/a 409,390 Murphy 3/7/19 701 S. Ballard 0.20 115,724 1,312 172,487 Braley 7/22/19 503 S. Ballard 0.26 50,762 840 177,398 759,275 Squire Gallagher 3/14/18 Squire-lot 2-4 2.67 100,404 6,000 573,844 573,844 Brown &78 Turner 12/5/18 504 E. Brown 1.02 84,077 1,180 308,180 Wallace 12/18/18 502 E. Brown 0.19 24,637 680 204,775 Karan 12/28/18 300 E. Brown 2.39 0 0 1,250,391 O'Donald 1/7/19 410 E. Brown 0.19 64,421 940 177,044 Weatherford 2/12/19 303 Marble 2.17 0 0 757,488 Brothers JV 2/26/19 306 & 308 N. 2nd Stri 0.38 0 n/a 145,923 Pulliam 2/27/19 300 N. 2nd Street 0.26 122,764 1,364 218,472 Swayze 4/18/19 208 N. 2nd Street 0.26 73,313 1,860 187,501 Swayze 5/9/19 204 N. 2nd Street 0.26 121,781 2,033 187,658 3,437,433 Total 34.19 $1,799,157 71,093 $11,696,750 $11,696,750 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and not part of land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF AUGUST 2019 MONTH WEDC WEDC WEDC WEDC DIFF % DIFF • 2016 2017 2018 2019 18 VS 19 18 VS 19 DECEMBER $166,418 $197,808 $184,849 $214,867 $30,019 15.18% JANUARY 163,463 196,347 191,896 223,750 31,854 16.60% FEBRUARY 260,166 276,698 275,668 307,367 31,699 11.50% MARCH 167,082 191,648 182,852 208,222 25,370 13.87% APRIL 154,920 168,844 163,485 182,500 19,015 11.63% MAY 238,646 244,816 203,707 274,299 70,592 34.65% JUNE 180,194 191,732 199,412 234,174 34,762 17.43% JULY 212,620 223,571 213,977 215,108 1,131 0.53% AUGUST 268,976 261,573 249,590 283,603 34,013 13.63% SEPTEMBER 197,339 210,974 213,426 OCTOBER 201,506 195,549 210,702 NOVEMBER 270,426 267,816 273,197 Sub-Total $2,481,757 $2,627,376 $2,562,759 $2,143,889 $278,454 14.93% AUDIT ADJ TOTAL $2,481,757 $2,627,376 $2,562,759 $2,143,889 $278,454 14.93% WEDC SALES TAX ANALYSIS $350,000 $300,000 _� ._._..,-.......... ___. , mm,._. $250,000 �. ...._u _ __._.._... 1. 200 000 .� $100,000 . .r i � ` f0 2 N Q) N Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 22, 2019 Exhibits: 1 Subject Consider authorizing the City Manager to sign a Development Agreement between the City of Wylie, CJG Development Group, and Robert and Phyllis Kreymer, for the development of a residential subdivision. Property located at 2605 East Stone Road. Recommendation Motion authorizing the City Manager to sign a Development Agreement between the City of Wylie, CJG Development Group, and Robert and Phyllis Kreymer, for the development of a residential subdivision. Property located at 2605 East Stone Road. Discussion The development agreement attached is a result of discussions between the developers listed above and City Council at the August 13, 2019 City Council meeting. The development agreement states that the developer will abide by the included City of Wylie Ordinances, regulations, and codes, specifically as they pertain to building materials for the property described in the agreement. A zoning case, a request to rezone the property outlined in the development agreement from Agricultural (AG/30) to Single Family(SF-I 0/24), is also on this agenda for consideration. Page 1 of I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG ROBERT KREYMER, PHYLLIS KREYMER, CJG DEVELOPMENT GROUP, LLC AND THE CITY OF WYLIE, TEXAS This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE, TEXAS, a home-rule municipality ("Wylie"), and ROBERT KREYMER, a Texas resident ("Robert"); PHYLLIS KREYMER, a Texas resident ("Phyllis"); and CJG DEVELOPMENT GROUP,LLC, a Texas limited liability company("CJG"and together with Robert and Phyllis, "Developer"). Wylie and Developer are each referred to herein as a "party" or collectively as the "parties." WHEREAS, Robert and Phyllis represent and warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County, Texas, consisting of 5.481±acres in the Francisco De La Pina Survey, Abstract No. 688, generally located at 2605 E. Stone Road, Wylie, Texas 75098-5753, and more particularly described in Exhibit A-1, attached hereto and incorporated herein for all purposes ("Kreymer Tract"); and WHEREAS, CJG represents and warrants that it is the sole owner of that certain tract of land situated in the City of Wylie, Collin County, Texas, consisting of 11.000± acres in the Francisco De La Pina Survey, Abstract No. 688, generally located at E. Stone Road between Brown Street and Whitney Lane , Wylie, Texas 75098-5753, and more particularly described in Exhibit A-2, attached hereto and incorporated herein for all purposes ("CJG Tract," and together with the Kreymer Tract, the"Property"); and WHEREAS,CJG,Robert and Phyllis,as Developer, collectively desire to develop no more than 49 single-family residential lots and one open space lot on the Property and have asked Wylie to rezone the Property to permit such development; and WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WHEREAS,Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, "Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and Development Agreement—Kreymer at the Park Building Materials Standards Page 1 of 17 2837901 WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code; and WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Local Government Code with the full understanding and intent that Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date of this Agreement; and WHEREAS, the Wylie City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the forth in the foregoing recitals of this Agreement are true and correct, are incorporated into the body of this Agreement and are adopted as findings of Wylie and Developer. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Robert and Phyllis represent and warrant that they are the sole owners of the Kreymer Tract as of the Effective Date of this Agreement. CJG represents and warrants that it is the sole owner of the CJG Tract as of the Effective Date of this Agreement. 3. Building Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or future building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Developer voluntarily consents and agrees to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement,Developer shall impose deed restrictions on the Property,incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once Development Agreement—Kreymer at the Park Building Materials Standards Page 2 of 17 2837901 approved, Developer shall record the approved deed restrictions in the Real Property Records of Collin County,Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third- party beneficiary of the approved deed restrictions, and Wylie shall have the right but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code. Developer voluntarily consents and agrees to such designation. Developer voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty(30) days after Wylie sends written notice of such failure to Developer, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County, Texas as a lien or encumbrance on the Property; (ii) to terminate this Agreement by providing written notice of termination to Developer; (iii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iv) to refuse to issue building permits for any building on the Property; (v) to refuse to issue a Certificate of Occupancy for any building on the Property; (vi) to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to immediately cease the construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vii) to seek specific enforcement of this Agreement. Development Agreement—Kreymer at the Park Building Materials Standards Page 3 of 17 2837901 (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer,then Developer may seek specific enforcement of this Agreement as Developer's sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not,under any circumstance,be required to tender, or be liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property,including the Kreymer Tract and the CJG Tract, and shall be binding on Robert, Phyllis, CJG and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 7. Limitations of Agreement. Wylie ordinances covering property taxes, utility rates,permit fees, inspection fees, tree mitigation fees, impact fees, development fees, tap fees,pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested;by facsimile;by electronic mail,with documentation evidencing the addressee's receipt thereof or by delivering the same in person to such Party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Wylie, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Development Agreement—Kreymer at the Park Building Materials Standards Page 4 of 17 2837901 Facsimile: (972) 516-6026 Email: chris.holsted@wylietexas.gov with a copy to: Abernathy, Roeder, Boyd& Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Email: rpittman@abernathy-law.com If to Developer, addressed to Developer at: CJG Development Group, LLC Attention: Joseph Gampper 127 Howell Street Dallas, TX 75207 Telephone: 972-382-9660 Email: igampper@cigre.com 9. Indemnity. (a) EACH DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S Development Agreement—Kreymer at the Park Building Materials Standards Page 5 of 17 2837901 OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations; Developer's Waiver and Release of Claims For Obligations Imposed by this Agreement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS LOCAL GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED (D) NUISANCE;OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (11) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES,VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (C) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE,RULE OR REGULATION. Development Agreement—Kreymer at the Park Building Materials Standards Page 6 of 17 2837901 (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof,unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code,as amended, and nothing in this Agreement provides Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE,AS AMENDED,UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. Gov'T CODE § 271.153, as it exists or may be amended, if applicable. 13. Warranties/Representations. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either party. 14. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 16. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 17. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 18. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for Development Agreement-Kreymer at the Park Building Materials Standards Page 7 of 17 2837901 and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date(hereinafter defined). 19. Savings; Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction,then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 20. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof,has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement, except as expressly set forth herein. 22. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved,executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file- marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance,recognize said Assignment. Development Agreement—Kreymer at the Park Building Materials Standards Page 8 of 17 2837901 (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. 24. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 25. Immunity. It is expressly understood and agreed that,in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity,including governmental, sovereign and official immunity,that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 26. Reference to Developer. When referring to "Developer"herein,this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is legally responsible. 27. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. [Signature page follows.] Development Agreement—Kreymer at the Park Building Materials Standards Page 9 of 17 2837901 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE, TEXAS, a home-rule municipality By: Chris Holsted, City Manager Date: Attested to by: Stephanie Storm, City Secretary STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Chris Holsted, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the City Manager and duly authorized representative for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2019. Notary Public, State of Texas My Commission Expires: Development Agreement—Kreymer at the Park Building Materials Standards Page 10 of 17 2837901 ROBERT KREYMER, a Texas resident By: Robert Kreymer Date: STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared Robert Kreymer, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he executed the same for the purposes and consideration therein stated and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2019.. Notary Public, State of Texas My Commission Expires: Development Agreement—Kreymer at the Park Building Materials Standards Page 11 of 17 2837901 PHYLLIS KREYMER, a Texas resident By: Phyllis Kreymer Date: STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared Phyllis Kreymer, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that she executed the same for the purposes and consideration therein stated and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2019.. Notary Public, State of Texas My Commission Expires: Development Agreement—Kreymer at the Park Building Materials Standards Page 12 of 17 2837901 CJG DEVELOPMENT GROUP, LLC, a Texas limited liability company By: Printed Name: Title: Date: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the and duly authorized representative for CJG Development Group,LLC,and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2019. Notary Public, State of Texas My Commission Expires: Development Agreement—Kreymer at the Park Building Materials Standards Page 13 of 17 2837901 Exhibit A-1. Legal Description of the Kreymer Tract Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas, being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685, Page 938 of the Deed Records of Collin County, Texas, same being the Southeast corner of herein described tract; THENCE North 00 degrees 11 minutes 37 seconds East, a distance of 215.65 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 44 minutes 58 seconds East, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 02 Degrees 35 minutes 18 seconds West, a distance of 128.13 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 45 minutes 00 seconds East, a distance of 476.85 feet to a point for corner, said point being the most easterly Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 343.62 feet to the POINT OF BEGINNING and containing 238,774 square feet or 5.481 acres of land. Development Agreement—Kreymer at the Park Building Materials Standards Page 14 of 17 2837901 Exhibit A-2 Legal Description of the CJG Tract Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas, being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685, Page 938 of the Deed Records of Collin County, Texas, same being the Southeast corner of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road and along the North line of said John Willis Kreymer tract, passing the Northwest corner of said John Willis Kreymer tract, same being the Northeast corner of a tract of land conveyed to Crosscountry Villas, LLC by deed recorded in Instrument No. 20110812000853240 of the Deed Records of Collin County, Texas and continuing for a total distance of 826.17 feet to a point for corner, said point being the Southeast corner and POINT OF BEGINNING of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, continuing along the North line of said Crosscountry Villas, LLC tract, a distance of 512.87 feet to a point for corner, from which a found 1/2 inch iron bears North 00 degrees 11 minutes 37 seconds East a distance of 2.30 feet, said point being the Southeast corner of a tract of land conveyed to Garner Koch by deed recorded in Volume 5733, Page 2432 of the Deed Records of Collin County, Texas, same being the Southwest corner of herein described tract; Thence North 00 degrees 11 minutes 37 seconds East, along the East line of said Koch tract, a distance of 534.31 feet to a%inch iron rod found for corner, said point being the Southwest corner of a tract of land conveyed to Fanners Electric Cooperative Company, Inc. by deed recorded in File No. 97-0011472 of the Deed Records of Collin County, Texas, same being the Northwest corner of herein described tract; Thence South 76 degrees 12 minutes 35 seconds East, along a South line of said Farmers Electric Cooperative Company, Inc. tract, a distance of 418.93 feet to a 1/2 inch iron rod found for corner; Thence North 13 degrees 57 minutes 23 seconds East, continuing along an interior Southeasterly line of said Fanners Electric Cooperative Company, Inc. tract, a distance of 235.03 feet to a 1/2 inch iron rod found for corner; Thence South 76 degrees 12 minutes 14 seconds East, continuing along a South line of said Farmers Electric Cooperative Company, Inc. tract, passing at a distance of 869.87 feet a 1/2 inch iron rod set with yellow cap stamped "TXHS" and continuing along a total distance of 900.76 feet to a point for corner in the approximate centerline of said E. Stone Road,said point being Southeast Development Agreement—Kreymer at the Park Building Materials Standards Page 15 of 17 2837901 corner of said Farmers Electric Cooperative Company, Inc. tract, same being the Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 109.96 feet to a point for corner, said point being the most easterly Southeast corner of herein described tract; THENCE North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road,passing at a distance of 30.01 feet, a 1/2 inch iron set with yellow cap stamped "TXHS" and continuing along a total distance of 476.85 feet to a 1/2 inch iron set for corner with yellow cap stamped"TXHS", said point being an interior ell comer; THENCE South 02 Degrees 35 minutes 18 seconds East, a distance of 128.13 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 89 degrees 44 minutes 58 seconds West, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 00 degrees 11 minutes 37 seconds West, a distance of 215.65 feet to the POINT OF BEGINNING and containing 479,158 square feet or 11.00 acres of land. Development Agreement—Kreymer at the Park Building Materials Standards Page 16 of 17 2837901 Exhibit B Building Materials Standards As used in this Agreement, the term"Building Materials Standards" shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings set forth or referenced in the following: 1. Ordinance No. 2017-22, Zoning Ordinance Section 3.4 (Residential Design Standards), as it exists or may be amended by Wylie in its sole discretion 2. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 3. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 4. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 5. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 6. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 7. Ordinance No. 2017-37, International Plumbing Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 8. Ordinance No.2017-34,International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 9. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 10. Any other existing or future ordinance, rule or regulation adopted by the Wylie City Council that establishes a standard for a building product, material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction,renovation, maintenance, or other alteration of the building Development Agreement—Kreymer at the Park Building Materials Standards Page 17 of 17 2837901 Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 20, 2019 Exhibits: 4 Subject Tabled from 08-13-2019 Remove from table and consider Hold a Public Hearing to consider,and act upon, a change of zoning from Agricultural-30(AG-30)to Single Family(SF 10/24),to allow for single family development, not to exceed 49 residential lots on 16.48 acres, generally located at and north of 2605 E. Stone Road. ZC 2019-10 Recommendation Tabled from 08-13-2019 Remove from table and consider Motion to approve a change of zoning from Agricultural-30 (AG-30) to Single Family (SF 10/24), to allow for single family development, not to exceed 49 residential lots on 16.48 acres, generally located at and north of 2605 E. Stone Road. ZC 2019-10 Discussion Owner: CJG Development Group,LLC Applicant: CJG Development Group,LLC Motion to remove from Table This item was tabled on the August 13, 2019 City Council meeting pending the outcome of a Development Agreement regarding building materials. That development agreement is on this agenda for consideration. The applicant is requesting to rezone a 16.48-acre property located on East Stone Road from AG/30 to Single Family(SF 10/24)for a single-family development of no more than 49 residential lots and one open space lot.The property currently contains a single-family home and was annexed into the City in 2014. The property is generally bordered on the east and west by low density residential and to the north by a utility use, all outside the city limits, and a planned development residential development to the south,located within city limits. As presented,the residential development is in compliance with the design standards of the SF 10/24 zoning regulations found in the Zoning Ordinance. The minimum lot area would be 10,000 sq.ft. The minimum residential dwelling size will be 2,400 sq.ft with front and rear setbacks of 25 ft, and side setbacks of 10 ft. As presented,the concept plan provides approximately 0.395 acres of open space. The developer has agreed to provide a trail easement on the open space to connect to the existing Greyhawk trail to the south. The developer has also agreed to Page 1 of 1 Page 2 of 2 modify lot 30 as it is an irregular shape not generally allowed by the subdivision regulations. Lastly, the Fire department has stated that the project is not in compliance with emergency access requirements, therefore the developer will be required to provide NFPA 13D fire sprinkler systems to the residential units. Should the zoning be approved the applicant will submit a preliminary plat for consideration before any development can begin. The zoning requested is generally compatible with the Comprehensive Land Use Plan. The area is designated as Suburban, which generally supports low to medium density residential or very low density commercial in support of a neighborhood. Notification/Responses: 40 notifications were mailed; with one response returned in opposition and none in favor of the request at the time of posting. P&Z Commission consideration The Commission voted 6-0 to recommend approval. Locator Map ,r ,._. J3.riue vay WYLIE ETJ �� . riiiiiii . ♦ ii . iiiiiiiiii�., ♦iiiiiiiiiiiiii�. 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I ♦�� . ■ i ♦��i ♦ I ♦��4 •44. ��4 1 �� 44 +�� 4• 2330 1 44'1 11. ' 05 3a? i2.309 1 311 1 3:3 23315 I23 s 2'' G "R j 3 ",,ro I E 2 1 z , 1 1 2 2 2;33 t25 ( I i IN <,, WHITNEY LN t _ I ?2302 F22" 12306 `2 08I2.31Q "S4"i, t 1,1 1-7 s � `+ **` y� s I c ' h z, 2321 23a 23 2307 r2309 milas1 23€ ..,2317 .,.231 214 24u3 €�Cf 24 " 2413 4 i 4.J _ pay [ 4f A 4ts7 r,t z€a3 2411 OB SANDl N LN 1 1 2404 2409 24Q3 C 302 2'331 12332 2335 231C4 23&2 E- 23aa 23s ! 2313 za ... ZC 2019-101 L �, " 1200 Foot Notifcation Buffer Subject Propertyirlt , L; . ,„ r- L ,t l 0 95 190 380 570 760 950 ` N Feet WY L 1 % , "' ,° 2 s PUBLIC COMMENT FORM (Please type or use bl(ck. nut) Departntent of Planning 300 Country Club Road 13uilding 100 Wylie,Texas 75098 I am FOR.the requested ztmingd e_hpl,tined on the attached Rubin,: notice for/nnin Case#2019-I(). ,,)‹ I am AGAINST thc rel4rtested zoning as explLtined on the attached public noticc l'or Zoning Case#2019-1(). Please feel Rue to oontaet Plarmint2 Department at 972,516.632C)‘vdh questions in concerns Date. Location X l'irnc tti Planning L1c Zoning' . , Chtrutrossurrn trieeting: Tuestla.,s,July In,2019. 0200 rmi Comp Cotintry Club Prottd, BuiWhig IOU,NV vlit.t.-roxLis Time of Chty Chnincil meeting: Tuesdah. August. 13, 2(119. 6-rttc)rirn Nlunielpal Cornple 3011 Country Club [Zorn]. Building It)°, bexas Naine: ereifirtr Park f9artnerszp Cl prino Lk ILSS. sksd eider Sorin4J dea" . Jaik s7)41__ hdd;43mIi$7 iTx 7.1-p0t signaturc: ars 1.101 w tajdeveli irs if raT,40k k Park 0 „sinan if *has tet ecsid develpitmeht is land sa I r . _ to be A attar tin e Afi, d nkl kick', IC ec , Le;f je Am 1 141 e wiald A nvk aketiased :s fq irk/ . Attu rain Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 19, 2019 Exhibits: 4 Subject Hold a Public Hearing to consider, and act upon,a change of zoning from Neighborhood Services(NS)to Neighborhood Services with a Special Use Permit(NS-SUP), to allow for the development of a motor vehicle fueling station, property located on 1.888 acres,northeast of the intersection of Ballard Avenue and Alanis Drive. ZC 2019-11. Recommendation Motion to approve a change of zoning from Neighborhood Services (NS) to Neighborhood Services with a Special Use Permit (NS-SUP), to allow for the development of a motor vehicle fueling station, property located on 1.888 acres, northeast of the intersection of Ballard Avenue and Alanis Drive. ZC 2019-11. Discussion Owner: Mantra Capital Investment LLC Applicant: PRP Architecture Corp. The applicant is requesting to rezone a 1.888-acre property located on the northeast corner of Ballard Avenue and Alanis Drive from Neighborhood Services (NS) to Neighborhood Services with a Special. Use Permit(NS-SUP)to allow for a motor vehicle fueling station. The property is generally bordered to the north by Fire Station#1 and to the east and south by two vacant lots that are zoned within the Neighborhood Services district. The properties to the west, across the street from Ballard Avenue, are zoned within the planned residential development of Stone Ranch. As presented,the concept plan provides fire lane access to the site from Ballard Street and Alanis Drive and provides 53 parking spaces with a parking ratio of approximately one space for every 300 square feet of building area. In addition to the motor fueling station,the applicant plans to develop approximately 15,873 square feet of commercial shell space.All commercial uses will comply with the allowed uses of the Neighborhood Services zoning district. Site plan approval will be required prior to any building permits being issued. The zoning requested is generally compatible with the Comprehensive Land Use Plan. The area is designated as Suburban, which generally supports low to medium density residential or very low density commercial in support of a neighborhood. Notification/Responses: 12 notifications were mailed; with four responses returned in opposition and none returned in favor of the request at the time of posting. The four responses represent over 20% of the acreage within the notification area.Therefore,in accordance with the Local Government Code 211.006,a 3/4ths vote is required to approve the request. In addition to the notified area,there were four additional comments against and one in favor. Page 1 of 1 Page 2 of 2 P&Z Consideration The Commission opened a public hearing and heard comments from many residents of the area that, while generally in favor of the retail portion of the proposed development, were against the gas station for reasons that included; environmental impacts including benzine risks, hours of operation, noise from deliveries, alcohol and cigarette sales in an area with a lot of children, and questioning the actual need of the gas station due to distance to other facilities. The Commissioners asked staff if a Traffic Impact Analysis was needed and staff mentioned that a project of this scope generally does not. The Commissioners discussed hours of operation and the distance to other gas stations. The Commission votes 3-2 to recommend approval. 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R r �` I r, 1 r 11(0 1 P 01 710 .r 111004 ...i.-� 005 1 ,`1• i1 300 a 110 CllS 1107 y 302 t., 7 k 200 110010 �.„„,�,,,, ,,,,,,,,, I� 1 i I '1'1 :- 2 I . 1 I r 110 � • • 1105 I 1 ,)4 I 1161 Lx"1 :3/2 C..' i Chi _....'� .... 1 1 103 wh y a 7,1 _ 'Ti _..... , I (110 11€ • I 110, i x !1 `�1I I I —11 I I. 11113 i , �_. t t • I 1 1112 I I111 I 111 I 113 11 WYLIE IJ 1 101 1 • • 1105 105j l.u. I 1 l d 1 1107 1 I i t 11 4 1115- 711�7 ,1110 NMARTINDR ^—"'"^ r"� �.,,„.« �� r � l0*1 y .... 1 ;.�_:: � '€'€@i ` �+i a G t5�� ..� e 1 2;161260, l `� 100 021 100 06�1 11� 116 120 r11'0 <1 1 7 11 6 114 i L 100 70 ZC 2019-11 R I 44 :vI Subject Property ilr'lT 4.4r,..K1k::,,,F,.., .,:,,....,'t,,,Iv,)i r,,,,.,. ,_,,, � r:,,. 0 115 230 460 690 920 1,150 � �. N Feet i G : ,,...,. 1 2 3 A 5 fi I H 9 /T, ,„,_„ o PRP ARQ I O� '� RF ` A _ 267'_2Q"' A .........i.DE. ; -10-3"' �_ _- 69'-44' S8841.1 PRP.ARQ,core. 8.85' TRACT i ;" " BU UING i 89"57�40"E. 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I �' �y M CB = N•03""36'4 T" I RETAIL IS C 3.STORE 1 - 2,782 S.F. f;l i -- jI CL = 281.36' l I I RETAIL cr 11/2- lL� 122 c 61 4.RETAIL spaces-11 spaces =13,091 S.F. t-: E.ci IRF- 'i: rz CY TOTAL =t5,873 S.F. I. D ', '✓'1 1_b' North Texas funicip 1 ,3 RETAIL 11 8 I _acei,,I�yyctter Dislcict-€ emery 18`s` ` F 1t I; --�y61ume 4422, Pa e 2456.-- o E'*i �. g• '0 1'? 5.PARKING PROVIDED=53 SPACES I >V) 1 }}44 STORE 1"' 9t 6 PARKING SPACE RATIO=299.49 S F/SPACE dt II an 44 �1 i L8T9F- . 7.LANDSCAPE=23,515S.F. ; I ' fight-o -WET 0 dicatia ` i3 For 9a1l8rsstorS rest to Cso i 60�Right-a€- 1 1�_..JHI (10,395 Sq. Ft.) __ 6a,_8"' b 4= 90'00'00" .� 8 - --.i a R = 30.00` 1/2" 245_.�+I,,, �'— " O +.i- T = 30.00' sW - i. = 47.12` i � '6 GPM, � tr5 ^� 5.90"0�'00"E. d 90'00'00" 4 e - 1 _ - 1 --- L 0 /N' 53.60' R = 60.00' e � a II , � 1 '►��- ;O' 30'Ar�b1iC Access /7- 60.00' CF • 1 `► and Fra Lane - E 94.25' Q I 1 T .fl Ot'06'27" 1 t /// , V* ) 1 1 J-tR = 2,110.00' 24'FIRE LANE ...3' $1 +�� „� II. 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"�'_ _ " ' t �'�es ,,.earn--a.��,.�_".=aw __ - _- - .gi- ~-r r § -,& - sF,p-f yam' : ,„: - , .w." _ __ - ".:- .---- r.'�;�'"-=" -• 'cam`"..: x:.:='_ •- - .: �,arr��-�r,z.�-.�r=.=„i�-'... _ a - .p _ -€_" 'ii ..:.+„ '"�M .,.. c gs'..$ it Ti e I: Ile, „=„f Is- 0 ,- ,ss-I40-0-00 0,-_ 0,-,„:_ . 0,.::::".--I.: fr.,-00:0IT,100,4::+7,00-70,72:: — _ ' r -_" ter . -=7_,'4,i"i'lik*g-r';t'fiier.---1.f;- mar✓ =rr " - _ _`_y= -_-- _ - - i. _ -- - wr=' _ ---fig _ - -- 'tea " - ��=ate �.°.€r , -__ - ^.,ia'°-, _.." tav i -_ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie, Texas 75098 I am FOR the requested zoning as explained on the attached public notice ha Zoning Case#201.9-1 1. 5 I am AGAINST the requested zoning as explained on the attached public notice for Zenin<t Case#2011-I 1. Please feel Free to contact Planning Department at 972.516.6320 Leith questions or concerns Date, Location &Time of Plannirtl &Zooinc, Comml,s,lon [u esdac 1 roust 6 >U 9. 6:00 pen Municipal Complex.309 Cruintrr Club Road, Buildiniz 100. Wylie.Texas Date.Location &Time of City Council meeting: Tuesday,, Awetust 27,2019,6:00 pug Municipal Complex,300 Country Club Road,Building 100.Wylie,Texas Name: �,� P'�5 s ue't eS G >r~ (-; P (please prbrt) Address: { COMMENTS: wo c - —0 L h- r'S l kl 2 0 • We allege this development is inappropriate for this neighborhood. We urge the City of Wylie to consider the potential for litigation and environmental,traffic safety issues on this project far out- ways the potential benefit of a gas station close to a residential neighborhood. Ask your own planning department or Fire Department safety personnel about the issues with the the proposed development concept that we outline. We are asking that this zoning change not be approved. Shelia Thome, GP ei cttle N `-1 Steppingstones Group LLP Dear City of Wylie Planning and Zoning Commission& Council members, As a concerned neighbor owning three acres directly adjacent to property at Lot 1, Block A.Alanis Addition , we are opposed to the proposed rezoning of the property(case #2019-11) up for Committee hearing on August 6, 2019 and Council on August 27, 2019 We respectfully ask for no zoning change on this parcel not because we are anti-growth but because we are enthusiastic supporters of smart,planned urban development. Our most compelling reasons include: 1. The Proposal Rezoning is Inconsistent with current Comprehensive Zoning Ordnance. The proposed high density sale shops open the space up to businesses such as Antique Shops, Secondhand Goods,Automobile repair, Minor, Used Merchandise/Consignment, Thrift Shops, Equipment Rental and Animal Boarding without outside pens and Financial institutions- Alternative(We allege entities such as Cash checking/payday loans) as to compared to the Seven Class I shop locations with large anchors of two establishment as originally planned (see attached sheets and weblink below). 800 to 14,000 square foot businesses among 9 businesses as compared to the Twelve (12)businesses from 790- 2782 square feet. The Owner has had the property on the market to build to suit for over three years with no building. The current plans can still be seen at https://www.loopnet.com/Listing/NE-Alanis-Dr-Ballard-Ave-Wylie-TX/8935914/ After what we allege , is three years of attempts at development of establishments more suited to the surrounding, a developer is now requesting approval for establishments that allow large large leeway in the nature and character of the occupants. The neighborhood in which the rezoning is proposed is a stable residential neighborhood. Yet, the proposed rezoning seeks significant change. Contrary to the City of Wylie Planning Departmentstaff report statements, the proposed development does not address fire health safety of traffic nor the narrowing of the fire lane from 30 ft on the adjacent property to only 24 feet on the proposed property. Eleven shops in addition to a gas station are potential large scale traffic counts. — and would be surrounded by residential property which include a playground nearby. Furthermore, the current plan proposes what we allege is inadequate parking and no accommodations for drainage. The retail areas require parking at a rate of 1 to 250 sqft not the 299 square feet shown on the concept plan. We also allege The plan proposed concreting over 80% of the 1.88 acres, with no allowance for drainage. Should the proposed plan be approved, we anticipate just the beginning of many variances appeals before the Board and Council to make exceptions since the governing bodies knew the desired density of the original proposal. This project as envisioned has • Insufficient road infrastructure—Nearby intersections simply cannot handle the dramatic increase in traffic that will occur if the rezoning is peiiuitted. In addition on our property, we do have an easement access to permit access, the developer can not just build a roadway on our property without permission. Access is given by platt designation, not the right to build on private property. We do not grant the permission to build on our property with the development concept in the current form. There is also the fact that a natural gas pipeline exist on a section of the entire 1.888 acres. Will the city set itself up for potential future liability in approving the concept as proposed? We allege the The density factor will create a high-risk car flow for pedestrians with heavy traffic flow of a gas station.The significant increase in traffic flow at this development that will result from this rezoning is a notable risk to pedestrians. If this rezoning is approved and the planned development completed, the residential neighborhoods surrounding the property will witness a dramatic increase in traffic which could congest vehicle/pedestrian movement area, which will lead to more accidents, injuries, and fatalities. We are asking that this zoning change not be approved. CS W 97 15' 28" W 361.70" c� , a-a C.a crD D7 B 1-1 LI J `�' ___ 5 e H m 4' EIREUNE Q o SITE PLAN z Q Cr) COMMERCIAL DEVELOPMENT 1,11111 {3 E LOTLARDMS DRIVE . - 1.80 ACRES OOP OE WYLIE.COLLIN 00V02.SEXES LOT R-6561-000.0XXX-X ETR0BERINC.BoxE,O,AON.SEX�Ts aa ooRracnmIrSARGENT 210,802a18 e JOSH oaU zroVi.LNNSTREET I I 1.80 ACRES(124,581.6 S,F,) N DESIGN Nc ,Es.,,,,,,,4 PROP SLOG- emLw, aSTsm, Son INFINITE ALL RIGHTS.RESEW. TR_sEooamrNi`aaRT FREUM 15,2753,E TBPEFlRMNm,Bs,e TORREL wSE (ONE STORY) o N ,SRE REVIEW MO NOT INTENDED FOR cv PRwca,No m - data: .cola: POMO CONSTRUCTION.OR PERMIT N f1 � "� 6/26/2017 1' 20' C1.0 R V CC z ENE SUPERVISION OF RECORD,PEPE LICENSE E061, Inr JASON E SEEP.ERE ENGINEER OE O it O O D e —,e ® cv l> = 06.2E17 C7 r C] 7 LEGEND CC Z - N 4' FIRE LANE — -PROPER~E NE -EM E SO..,SEWER RUNE z << _< - o m . FMETNR..,ER UNE Oz _e„N NroRwT M S ,.A .L� =mzG xNoaBoaIS CO ° � REEM wo am w �W i. E o.x. EXISIINE: J 5 . A {n{ vuov. .vxoNouo p-' w V tRNOtt'AVE 2 L.,J} 2 O a Rcv xE,N['Ouf.E'U hNVIX+E7E'vuF DESIGN DELIVERABLE m tJ n MINIMJM mor -MAXwuM /7VOWED,REVIEW❑HEALTH ISSUE o ❑LAN LOISSRE:SSUEXl7 DRIVEWAY APPROACH [ rJ 25' 69 E 361 � � — „.- _ ❑ANoloao ISSUE H `' -- --70 —�� _ -- — 20 0 0 20 0 CONSTRUCTION PERMIT A 0 BID BAL L ARD STR--T SITE PLAN 1 - I SITE DATA: SITE DATA(CON'T): GENERAL NOTES: CITY OF WYLIE DESIGN REQUIREMENTS: INSPECTION NOTES: LOT AREA: IMPERVIOUS AREA 1. PRIOR TO BEGINNING ANY CONSTRUCTION OR SITE DESIGN REQUIREMENTS(4 REQUIREA 1. ALL INSPECTIONS MUST BE REQUESTED THROUGH THE LOT R 286 ACRES,124582 SQ.FT. (INCLUDING BUILDINGS CONSTRUCTION STAKING,IT SHALL BE THE CONTRACTOR'S CITY OF WYLIE'S AUTOMATED TELEPHONE SYSTEM AT(972) 34,286 SQ.FT, RESPONSIBILITY TO CONTACT THE CIVIL ENGINEER TO BUILDING PLACEMENT: c.FRONT FACADE ORIENTED TO THE STREET 442-8149(REQUESTS MADE BEFORE RAM CAN BE PROPOSED USE: ENSURE THAT ALL PARTIES ARE IN POSSESION OF THE SCHEDULED FOR THE SAME BUSINESS DAY. OFFICE/RETAIL ZONING: MOST CURRENT SET OF CONSTRUCTION DOCUMENTS. PARKING PLACEMENT: a.SITE PLAN WITH NO THAN 501%PARKING IN COMMERCIAL(NE)!(CR) FRONT OF BUILDING 2. INSPECTIONS CAN BE CANCELED AT THE DISCRETION OF ..",.,. LOT COVERAGE: 2. ALL WORK MUST CONFORM TO THE CITY OF WYLIE THE SENIOR INSPECTOR OR BY THE CONTRACTOR(DUE SITE PLAN Et 87I PARKING: STANDARDS. ACCESS DRIVES: b.DIRECT CONNECTION BETWEEN TO WEATHER CONDITIONS)OR BY CONTRACTOR.ALL PARKING REQUIRED=44 BUILDINGS AND STREETS CANCELED INSPECTIONS MUST BE RECALLED. GENERAL NOTES FLOOR TO AREA RATIO'. OFFICE/RETAIL=(1 SPACE/250 SQ.FT.) 3. ALL WORK IN PUBLIC RIGHT-OF-WAY SHALL CONFORM TO 11.48:1 HANDICAPPED PROVIDED=6 THE CITY OF WYLIE STANDARDS AND DETAILS. LOCATION OF SERVICE a.NOT VISIBLE FROM PUBLIC STREET BUT 3. ANY QUESTIONS CAN BE ADDRESSED BY CONTACTING THE TOTAL PROVIDED=82 AND LOADING AREAS. PROVIDE MASONRY SCREENING APPROPRIATE DEPARTMENT BETWEEN BAM-RAM OR BUILDING AREAS: 4. ALL PRIVATE DETAILS ARE SUPERSEDED BY STANDARD CITY 4PM-5P11.1(LEAVE MESSAGE IF NO ANSWER) T0850 SQ.FT. LANDSCAPE: DETAILS. ARCHITECTURAL DESIGN REQUIREMENTS(3 REQUIRED) (OFFICE=5,425 SQ.FT.) LANDSACAPED AREA REQUIRED BUILDING/ELECTRICAL: (RETAIL=5,425 SO.FT.) 12,458 SQ.FT.(101,OF 124.5825Q.FT.) 5. ONLY DRAWINGS STAMPED"ISSUE FOR CONSTRUCTION"BY BUILDING MATERIALS'. a..USE OF 2 PRIMARY FACADE MATERIALS LANDSCAPE AREA PROVIDED: THE CITY OF WYLIE SHALL BE USED FOR CONSTRUCTION. b.COPY SAME STYLE ENTIRE BLOCK PLUMBING/MECHANICAL: BUILDING HEIGHT: 13.000 SQ.FT. •O 19'(ONE STORY) BUILDING ARTICULATION a..USE OF ARCHITECTURAL DETAILING/MATERIAL TO PROVIDE SR.BUILDING INSPECTOR'. FORM AND MASSING VARIETY IN VISUAL APPEARANCE BUILDING SETBACKS: FRONT:60 FT. ^''"'°'" SIDE:45 FT. N017005 Ege ENE Ma LW Ai 11■■■■11■■1111111111111111111== 11■■■■111 ;1 ■■ 1111111-1111111111■= AT aill Wii— IN: =mina Eno! 0 N. AZ IA 1111Adl 1 Ie(en7 Ell.I 4. . . " . . o •- ,.9 I sue- m E— I- 1,11111 SOUTH FRONT ELEVATION 1 OP.MR,WPFRVISION OF w.urvw 0026.1] K 0 ., ¢u<xwxn„, Z !IL x fd5 z w d DESIGN DELIVERABLE VOWNER REVIEW ❑HEALTH ISSUE ❑C TV ISSUE%X.%X.I I ❑LANDLORD ISSUE ❑PERMIT ISSUE,XX,XX.VI EAST SIDE ELEVATION 2 ❑BID ISSUE,XXXX.V Me"' ❑CONSTRUCTION SET II a/a"RANKS m ns 1)A XN AH NOTES-APPROACHES t Ivoo sAvwo„oow =en rvN. ( FATTER Imo REINFORCED �gRncrz sAw rox uoT eoM aueom"aur wo,ulx. "o u / A N N C ) y ""''' N oN+s oc. �e to 3/ta woc ow wAvs PA K. sl. BoxN wAr `s ua ccuaouuo /% mREINFORCEDA E4SHAIF.1 l —_. XC u - a18 A oEN* ELEVATIONS& Fr N L THAN 95%TSHFT TEST IFTHo t _ ��-�� -- E DETAILS T.soo�aL o<«��e),� BOWS !L Ro,w w:.= I , VA ILL,N OM k,� )"�LL o px REINFORCEDNeniHcµ BE s Trac s a II.w/H®xe o.uEw. (SEE NMI 4— PAVING DETAIL c0 sTRUGTIO JOINT 2rtZFD 4)ALL PLACED AND p E AL BE /4PAres"IA N N N sBCRAD[ 5%OF ON PROCTOR®MO LIFTS ANO ISTURE RANGE CTE TO NTS ire xo>wArs NT> OFX OF sm SAWED CONTRACTION JOINT CONSTRUcTON JOINTS INTEGRAL CURB OF LE To+sa a ovIIMUM MOISNRE. _•«» ®40'0-C TV Nxs (uNss OTHERWISE NOTED) C2.0 ^mob^vu DETAIL 3 DETAIL 4 DETAIL 5 DETAIL 6 PAVING NOTES , NO17005 ... PUBLIC COINII\IENrr FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 1(10 \V:ylie.Texas 75098 lain FOR the teqtte,sted itiriirig as exiiilitiriecl on the itlittclted public notice lox Inning Ctise#201.9--I 1. I am AGAINSli Ilte iirtptesteti zoning a explained on the attached public notice licit.Zoning Case fr2019-11. Pleitse feel t'ree to contact Pltitilitirig Deportment at 972.516.(i32() ivith questions or concerns Date. I.,ocation &Time ill'. Planning &Zoning CcilitillissItiti iticetin....it: 1-tiesclay. August 6, 2019, 6,00 pm ,. Nturlicipal Cot111-ilex, 3ftti Cotiritry CI LIB Rtiit d. II uil.(ling 100, W...iiiiiii.,Texas Date. Location & lime or City Council meeting: Ttitisilit , ,.,\tigust 27, 2019, 600 pin NItinicipal Complex,3(3(1 Countr Club Road, Bttilding 1.()1.), W:,,,lie, Texas Gi\11 ( Name: .. t(pit-teiii /7'''t t Adtli.ess: IF Illirill" * _ I _1 1 „, ie attire: 1.),,[,...,: Ct):8,INI.1:..N-FS: Ni g ' ti... f 1 i ' 1 /se ' ' t ' ' i i t ''''''''' i r .)-- i _ _ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2019-I i. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2019-1 1. Please feel free to contact Planning Department at 972.516.6320 frith questions or concerns Date, Location &Time of Planning & Zoning Commission meeting: Tuesday, August 6, 2019,6:00 pm Municipal Complex,300 Country Club Road, Building 100, Wylie.Texas Date, Locution &Time of City Council meeting: Tuesday, August 27, 2019,6:00 pm Municipal Complex, 300 Country Club Road, Building 100, Wylie,Texas Name: _ ' fetke(please°print) / Address: A 9A, 4 Gl1/1 U'e-- Date: 7 Jo)? COMMENTS: 4: 42.71,, ,t jt, ige;t7 _ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2019-1 1. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2019-I 1. Please feel free to contact Planning Department at 972.516.6320 with questions or concerns Date.Location&Time of Planning&Zoning Commission meeting: Tuesday, August 6,2019,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Date,Location &Time of City Council meeting: Tuesday,August 27, 2019,6:00 pm Municipal Complex, 300 Country Club Road, Building 100,Wylie,Texas Name: Dan ie,, (please print) Address: 610( T raverc Dr Wy1; 1`)c -7 -o9$ Signature: Date: ag/I ck • COMMENTS: avr, 6troytyly 4,g0.2iN 1" +40- pro focal, 1 ►tWa. are. airily 3 lar 5+cdf or ;c ;s �'�h��Fvise fonullov w;u be o.--_.t e ;m .Y0- Y-v our n ej7y boy tic a cu s in avt,Gl. rear 1. $t' er do not- Wang PI. kg- frnu1a$'e t a neiyhhty^hood, acroii 4-om a- rhzyg rots vki Anna Fawley JlJ Champion Drive Wylie, TX 75098 309'660'6688/ Wylie City Council 3OO Country Club Road, Building 1UU Wylie,TX 75098 Transmitted via email: citysec@wy|ietexas.Auv, counci|@wy|ietexas.Aov Date: August 14' 2O19 Council Members: Eric Hogue, David R Duke, Mathew Porter,Jeff Forrester, Candy Arrington, TimothyT.Wallis D.V.K4, David Dahl City Secretary: Stephanie Storm Subject: Request for Denial oƒSUP @[2O19'12, Motor Vehicle Fueling station at Bo0pnd/A/mn/s. Agenda item August 27, 2019. Members ofCouncil, | am requesting you deny the requested, SUP Z[2O19'11mtA/on/s and Ballard which would allow for a gas station to be built at this location. I am a resident of Wylie residing in the area directly impacted by this proposed zoning change. | attended the zoning public hearing on August 6' 2019. Five people wrote in objecting to the requested zoning change and no less than 2U people spoke in opposition to the same. | would estimate there were approximately SU people in attendance at the meeting. Nn one spoke in support of the change. In opposition to the overwhelming public request, the zoning commission voted to recommend proceeding with the change with a vote of3'2. 1 believe once you have reviewed the supporting evidence references provided below,you will agree the change/n zoning/s not appropriate and should bedenied. Justification Wylie zoning guideline states ''The power to zone is conferred upon Texas cities to promote the health, safety, morals and general welfare of the pub|ic"z This change in zoning does not comply with the above guideline due to the following: 1. Adverse Environmental and Social impact (supporting evidence referenced below). Z. Proximity to homes and playgrounds. 3. There is no community need. Multiple gas stations are readily accessible (within l mile). Supporting Evidence One only needs to do a preliminary search to confirm the environmental and health risks associated with gas station fuels and emissions. Referenced below isa very small sample of studies supporting known risks. zChange of Zoning Procedure, City nf Wylie, Planning Dept. Page 1 Page lof2 Anna Fawley 212 Champion Drive Wylie, TX 75098 309-660-6688/ Adverse Environment/Health Impacts • Gasoline vapors contain toxic chemicals, notably benzene, a carcinogen.2 • Benzene is known to cause cancer, based on evidence from studies in both people and lab animals.The link between benzene and cancer has largely focused on leukemia and other cancers of blood cells.3 • Multiple scientific studies and journals confirm that significantly more benzene is released by gas stations than previously thought. In addition, even during a relatively short study period, it was evidenced that "people could be exposed to the chemical at locations beyond the setback distance of 300 feet,"4. This is also according to Markus Hilbert, Ph.D., associate professor of Environmental Health Sciences at the Columbia Mailman School. • Significant elevations in the risk of childhood leukemia have been associated with environmental exposure to gasoline. This study raises the concern that children may represent a subpopulation in which a higher risk of leukemia is associated with very low level exposure to environmental benzene.6 Adverse Social Impact • Studies show a 50% increase in smoking among adolescents exposed to tobacco advertising during weekly visits to small grocery, convenience or liquor stores.' • Children with a convenience store on their block were significantly more likely to have a high Body Mass Index.' • A higher rate of obesity was associated with the presence of convenience stores within a 10- minute walk of a school.9 Thank you for your time and consideration, Anna Fawley 2 Gas stations vent far more toxic fumes than previously thought. Columbia University's Mailman School of Public Health.October 4, 2018. Pg1 https://www.cancer.org/cancer/cancer-causes/benzene.html 4 Science Daily https://www.sciencedaily.com/releases/2018/10/181004110021.htm 5 https://phys.org/news/2018-10-gas-stations-vent-toxic-fumes.html 6American Journal of Epidemiology, Volume 185, Issue 1, 1 January 2017, Pg. 1- 4, https://academic.oup.com/aje/article/185/1/1/2631401 'https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1448595/ 8 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2770899/ 9 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3041661/pdf/1471-2458-11-68.pdf Page 2 of 2 From: Ally Dobbins To: Jasen Haskins Subject: ZC 2019-11 Date: Monday,August 5,2019 3:21:26 PM Attachments: imaae001.on9 Not sure if this is too or not but I saw the agenda for the Planning and Zoning meeting tomorrow. I am for the zoning change. I live less than a mile away on Lake Wichita Dr and think this would be a great addition. Correct me if I'm wrong, the zoning change is only necessary for the gas station?The retail space is already allowed?Are they planning on building the retail along with the gas station? Thank you, Ally Dobbins Capital Projects Department City of Richardson 411 W. Arapaho Rd, Suite 204 Richardson, TX 75080 972-744-4280 972-744-5804 Fax Allynabbins@COR.gov _6 Michele Whitlock 2920 Glendale Dr Wylie, TX 75098 309-531-8598/ Transmitted via email: citysec@wylietexas.gov, council@wylietexas.gov Date: August 15, 2019 Wylie City Council 300 Country Club Road, Building 100 Wylie, TX 75098 Mayor& Council Members: Eric Hogue, David R Duke, Mathew Porter,Jeff Forrester, Candy Arrington,Timothy T. Wallis D.V.M, David Dahl City Secretary: Stephanie Storm Subject: Request for Denial of SUP ZC 2019-11, Motor Vehicle Fueling station at Ballard/Alanis. Agenda item August 27, 2019. Members of Council, I am requesting you deny the requested,SUP ZC 2019-11 atAlanis and Ballard which would allow for a gas station to be built on this corner. This request is on the grounds that locating a gas station in a residential neighborhood poses a scientifically proven health risk. I would also offer that the supporting documentation (attached) will also compel you to agree this is not the right decision for this (or any) residential neighborhood. I am requesting this as a resident of Wylie and in support of family and friends that live in the area directly impacted by the proposed zoning change. So, while I do not reside in the immediate neighborhood, my children and I are frequently there. Summary of Supporting References The City of Wylie Zoning guideline states on page 1: "Zoning is the legal and administrative process whereby the community protects itself against indiscriminate land uses. The power to zone is conferred upon Texas cities to promote the health, safety, morals and general welfare of the public". Indiscriminate is defined as "not showing careful thought or planning, especially so that harm results". Approval of the proposed zoning change will cause harm to the neighborhood community. It will adversely affect the residents and those that visit. To approve the zoning change request would be a complete disregard of the published guideline and the welfare of the neighborhood community. Attached is a reference to multiple documented studies clearly illustrating the known adverse impact to the environment and health realized when a gas station is in a residential area. I would also encourage you to do your own research. I am confident that once you have,you will come to the same conclusion. This zoning request is a bad idea and not in the community's best interest. Thank you for your consideration in this matter, Michele Whitlock Page 1 of 2 Attachment 1 List of Published Studies Illustrating Proven Adverse Health & Environment Impacts • American Journal of Epidemiology,Volume 185, Issue 1, 1 January 2017, Pages 1 4, https://academic.oup.com/ale/article/185/1/1/2631401 • https://ceds.org/gas-stations-convenience-stores/#health • https://ceds.org/gas-stations-convenience-stores/#value • https://emergency.cdc.gov/agent/benzene/basics/facts.asp • https://phys.org/news/2018-10-gas-stations-vent-toxic-fumes.html • https://www.arb.ca.gov/ch/handbook.pdf • https://www.cancer.org/cancer/cancer-causes/benzene.html • https://www.cancer.org/cancer/leukemia.html • https://www.epa.gov/sites/production/files/2015-06/documents/school siting guidelines- 2.pdf • https://www.ncbi.nlm.nih.gov/books/NBK138708/ • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1448595/ • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1448595/ • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1520004/ • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2770899/ • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3041661/pdf/1471-2458-11-68.pdf • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3041661/pdf/1471-2458-11-68.pdf • https://www.ncbi.nlm.nih.gov/pubmed/19213757 • https://www.ncbi.nlm.nih.gov/pubmed/20810207 • https://www.sciencedaily.com/releases/2018/10/181004110021.htm • https://www.sciencedirect.com/science/article/pii/S0048969718337549 • https://www.sciencedirect.com/science/article/pii/S0301479710002574 • https://www.sciencedirect.com/science/article/pii/S1309104215304384 • https://www.sciencedirect.com/science/article/pii/51352231099000977 • https://www.seeker.com/gas-stations-are-toxic-neighbors-1765175237.html • https://www.tandfonline.com/doi/abs/10.1080/10473289.2001.10464339 Page 2 of 2 From: Eric Hatch To: Eric Hogue; David Duke; Matthew Porter;Jeff Forrester; Candy Arrington;Toby Wallis; David Dahl; City Secretary;Council Subject: Gas Station Zoning at Ballard and Alanis Date: Monday,August 19,2019 10:36:04 AM It's hard to believe this planning and zoning has even gotten this far. I guess, in general society has just forgotten about the addition dangers we place upon our children and aging population. As most of us try to simply search for a better place to raise our children, there seems to be a large group of individuals that simply can't or choose not to make decisions based on what they know or feel is right. I'm sure, there's not a one of you on the Wylie city council that believes a gas station is needed at this intersection. We can all see all the new activity going on with new homes being built, which of course means lots on near families. Let's all do our part and keep this part of Wylie, family friendly. A gas station in this location has no value add for the city or the families that live in the surrounding area. Thanks for your time, Eric Hatch From: Kathy Carter To: Council; Eric Hogue;City Secretary Subject: Zoning change Ballard and Alanis Date: Wednesday,August 21,2019 8:45:10 PM To whom it may concern and council, This is to address the zoning change for Ballard and Alanis next to the Wylie Fire Department. My name is Kathy Myrianthopoulos and my husband Emmanuel and I live in The Stone Ranch addition across from the subject zoning change location. I'm asking that this zoning change be reconsidered. I propse an alternative change in place of the gas station, convient beer and wine store. I propose for that area to be improved with a beautiful city garden and play ground for the residents and the children near this location. It would give a more appealing, classy look to that little bit of God's country. Let's keep it rural looking, that is why a good majority of us moved to this area. In Time the convient store/gas station/beer and wine store will begin to look run down, dirty and eventually cater to the not so classy citizens. Will cause our property values to decline in value. Increased traffic and environmental hazards from the tanker trucks filling the buried tanks which will emit fumes into the air during this process. These tanks are buried in the ground which will leak into our grounds and drinking water over time. So please reconsider let's keep Wylie the country rural area it should be. Thank you for your time. Kind and warm regards, Kathy Myrianthopoulos 682-557-4430 Sent from Yahoo Mail for iPhone Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 4 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 21 Exhibits: 4 Subject Hold a Public Hearing to consider, and act upon, repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts,Zoning Ordinance(2008-27)Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations (2007-21) Sections 2.2, 2.3, and 2.4 Procedures and Approval. Recommendation Motion to approve repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts, Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations (2007-21) Sections 2.2, 2.3, and 2.4 Procedures and Approval. Discussion With the close of the 86th Legislature Regular Session came many changes that will have a direct impact on municipalities. In work sessions at the August 6,2019 Planning and Zoning Commission meeting and the August 13,2019 City Council meeting, staff discussed some of those changes and possible ordinance and regulation changes that may be needed as a result of the new statutes. Staff was given direction as outlined below: House Bill 2439 prohibits a Governmental entity from adopting or enforcing an ordinance that limits the use or installation of a building product or material if the building product or material is approved for use by a national model code published within the last three code cycles.This bill applies to both residential and commercial properties.However, there are some areas that are protected from the regulations of HB 2439.Any PDs or Overlay Districts established before April 1, 2019 are protected if there is language that establishes the area as"Architecturally Significant". The Downtown Historic District and the South Ballard Overlay District would fall under this exemption. By Resolution we would have to list all approved PDs that are Architecturally Significant. Based on direction from the Commission and Council: co At this time there will not be any changes to the Zoning Ordinance or Subdivision Regulations in regards to building materials. 0o Staff has prepared a Resolution for City Council also on this agenda that will declare all relevant PDs, SUPs,and zoning cases as historically, culturally, or architecturally significant. Staff is researching other ordinance and regulation options in lieu of building materials,such as architectural element and will present recommendations when the work is complete. House Bill 2840 requires that any citizen can speak on any item on the open meeting agenda, before or during consideration of the item. Page 1 of 1 Page 2 of 2 Based on direction from the Commission and Council: Staff is awaiting City Council Rules of Procedure for this item and will prepare a recommended update to the P&Z Commission and Zoning Board of Adjustment RoP when appropriate. House Bill 3167 (Exhibit A) makes changes to the site plan and subdivision platting approval process. The Commission must approve or recommend approval, approve with conditions or recommend approval with conditions, or disapprove or recommend disapproval with explanation, the plan or plat, respectively, within 30 days of the application submittal. On plats, City Council must approve, approve with conditions, or disapprove with 30 days of the Commission's recommendation. A plan or plat is approved by the council unless it is approved with conditions or disapproved within that 30-day period. If disapproved or approved with conditions the municipality must provide a written statement citing the ordinance(s) and/or statues that the plan or plat does not conform to. If the applicant re-submits addressing the cited reasons, council must approve within 15 days of receiving the revisions. The City may not ask an applicant to waive the 30-day action deadline. However, an applicant may elect to waive the deadline on their own. Based on direction from the Commission and Council: 0o Staff has made recommended changes to the Zoning Ordinance and Subdivision Regulations to allow Staff, the Commission, and Council to protect the City's interests while complying with the State statutes. 00 Exhibit B(Section 6.1 of the Zoning Ordinance)contains recommended changes that define and clarifies concept and site plans, updates application requirements, and updates Commission and Council required actions. 0o Exhibit C (Section 8.1 of the Zoning Ordinance) contains recommended changes that update application requirements, define and clarify concept and site plans, and updates Commission and Council required actions. 0o Exhibit D (Sections 2.2-2.4 of the Subdivision Regulations) contains recommended changes that update application requirements, eliminates language that contradicts the statute, updates Commission and Council required actions, eliminates repetitive language, and clarifies the needed engineering before a preliminary plat. P&Z Commission Consideration The Commissioners inquired about a few of the recommend changes and staff explained that some of the changes where not required under this statue, but were recommended to clarify existing rules, regulations, or procedures. The Commissions voted to recommend approval 5-0. 7/26/2019 86(R)HB3167-Enrolledvemion-BM Text H.B. No. 3167 AN ACT relating to county and municipal approval procedure for land development applications. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1 . Section 212 .001, Local Government Code, is amended by amending Subdivision (2) and adding Subdivision (3) to read as follows: (2) "Plan" means a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land development application, and site development plan. 13L "Plat" includes a preliminary plat, general plan, final plat, and replat. SECTION 2. Subchapter A, Chapter 212, Local Government Code, is amended by adding Section 212 .0085 to read as follows: Sec. 212 .0085. APPROVAL PROCEDURE: APPLICABILITY. The approval procedures under this subchapter apply to a municipality regardless of whether the municipality has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242 .001 (d) , SECTION 3. The heading to Section 212.009, Local Government Code, is amended to read as follows: Sec. 212 .009. APPROVAL PROCEDURE: INITIAL APPROVAL. SECTION 4. Section 212.009, Local Government Code, is amended by amending Subsections (a) , (b) , (c) , and (d) and adding Subsections (b-1) and (b-2) to read as follows: (a) The municipal authority responsible for approving plats shall approve, approve with conditions, or disapprove [act on] a plan or plat within 30 days after the date the plan or plat is filed. A plan or plat is [con3idcrod] approved by the municipal authority unless it is disapproved within that period and in accordance with Section 212.0091. (b) If an ordinance requires that a plan or plat be approved by the governing body of the municipality in addition to the planning commission, the governing body shall approve, approve with conditions, or disapprove [act on] the plan or plat within 30 days after the date the plan or plat is approved by the planning commission or is [con3idcrod] approved by the inaction of the commission. A plan or plat is [con3idcrod] approved by the governing body unless it is disapproved within that period and in accordance with Section 212.0091. (b-1) Notwithstanding Subsection (a) or (bL, if a groundwater availability certification is required under Section 212 .0101, the 30-day period described by those subsections begins on the date the applicant submits the groundwater availability certification to the municipal authority responsible for approving, plats or the governing body of the municipality, as applicable. (b-2) Notwithstanding Subsection (a) or (bL, the parties may extend the 30-day period described by those subsections for a period not to exceed 30 days if: j1) the applicant requests the extension in writing to the municipal authority responsible for approving_plats or the governing body of the municipality, as applicable; and (2) the municipal authority or governing body, as applicable, approves the extension request. (c) If a plan or plat is approved, the municipal authority giving the approval shall endorse the plan or plat with a certificate indicating the approval. The certificate must be signed by: https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 1/6 7/26/2019 Text (1) the authority' s presiding officer and attested by the authority' s secretary; or (2) a majority of the members of the authority. (d) If the municipal authority responsible for approving plats fails to approve, approve with conditions, or disapprove [act eff] a plan or plat within the prescribed period, the authority on the applicant's request shall issue a certificate stating the date the plan or plat was filed and that the authority failed to act on the plan or plat within the period. The certificate is effective in place of the endorsement required by Subsection (c) . SECTION 5. Subchapter A, Chapter 212, Local Government Code, is amended by adding Sections 212 .0091, 212 .0093, 212 .0095, 212.0096, 212.0097, and 212.0099 to read as follows: Sec. 212.0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (a) A municipal authority or governing, body that conditionally approves or disapproves a plan or plat under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. (b) Each condition or reason specified in the written statement: _(1) must: JA) be directly related to the requirements under this subchapter; and _(B) include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable; and (2) may not be arbitrary. Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional approval or disapproval of a plan or plat under Section 212.0091, the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the plan or plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The municipal authority or governing body may not establish a deadline for an applicant to submit the response. Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. (a) A municipal authority or governing body that receives a response under Section 212 .0093 shall determine whether to approve or disapprove the applicant' s previously conditionally approved or disapproved plan or plat not later than the 15th day after the date the response was submitted. (b) A municipal authority or governing body that conditionally approves or disapproves a plan or plat following the submission of a response under Section 212.0093: _(1) must comply with Section 212.0091; and _(2) may disapprove the plan or plat only for a specific condition or reason provided to the applicant under Section 212 .0091. (c) A municipal authority or governing body that receives a response under Section 212.0093 shall approve a previously conditionally approved or disapproved plan or plat if the response adequately addresses each condition of the conditional approval or each reason for the disapproval. (d) A previously conditionally approved or disapproved plan or plat is approved if: _(1) the applicant filed a response that meets the requirements of Subsection (cL; and J2) the municipal authority or governing body that received the response does not disapprove the plan or plat on or before the date required by Subsection (a) and in accordance with Section 212.0091. Sec. 212 .0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 2/6 7/26/2019 Text PROCESS. (a) Notwithstanding Sections 212 .009, 212 .0091, 212 .0093, and 212 .0095, an applicant may elect at any time to seek approval for a plan or plat under an alternative approval process adopted by a municipality if the process allows for a shorter approval period than the approval process described by Sections 212.009, 212.0091, 212.0093, and 212.0095. (b) An applicant that elects to seek approval under the alternative approval process described by Subsection (a) is not: (1) required to satisfy the requirements of Sections 212 .009, 212 .0091, 212 .0093, and 212.0095 before bringing an action challenging a disapproval of a plan or plat under this subchapter; and J2) prejudiced in any manner in bringing the action described by Subdivision (1L, including satisfying a requirement to exhaust any and all remedies. Sec. 212.0097 . APPROVAL PROCEDURE: WAIVER PROHIBITED. A municipal authority responsible for approving_plats or the governing body of a municipality may not request or require an applicant to waive a deadline or other approval procedure under this subchapter. Sec. 212 .0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal action challenging a disapproval of a plan or plat under this subchapter, the municipality has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. The court may not use a deferential standard. SECTION 6. Section 212 .014, Local Government Code, is amended to read as follows: Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: (1) is signed and acknowledged by only the owners of the property being replatted; (2) is approved[, aftcr a public hcaring on thc mattcr at which partics in intcrc3t and citizon3 havc an opportunity to bc hoard, ] by the municipal authority responsible for approving plats; and (3) does not attempt to amend or remove any covenants or restrictions. SECTION 7. Section 212 .015, Local Government Code, is amended by adding Subsections (a-1) , (f) , and (g) and amending Subsection (b) to read as follows: _(a-1) If a proposed replat described by Subsection (a) requires a variance or exception, a public hearing must be held by the municipal planning commission or the governing body of the municipality. (b) Notice of the hearing required under Subsection (a-l) [Scction 212.014] shall be given before the 15th day before the date of the hearing by: (1) publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and (2) by written notice, with a copy of Subsection (c) attached, forwarded by the municipal authority responsible for approving plats to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality. _(f) If a proposed replat described by Subsection (a) does https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 3/6 7/26/2019 Text not require a variance or exception, the municipality shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll. This subsection does not apply to a proposed replat if the municipal planning commission or the governing body of the municipality holds a public hearing and gives notice of the hearing in the manner provided by Subsection (b) . (g) The notice of a replat approval required by Subsection _(f) must include: _(1) the zoning designation of the property after the replat; and _(2) a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat. SECTION 8. Subchapter A, Chapter 232, Local Government Code, is amended by adding Section 232 .0023 to read as follows: Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat application approval procedures under this subchapter apply to a county regardless of whether the county has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001 (dL, SECTION 9. The heading to Section 232.0025, Local Government Code, is amended to read as follows: Sec. 232 .0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS AND PLANS. SECTION 10. Section 232 .0025, Local Government Code, is amended by amending Subsections (d) , (f) , (g) , (h) , and (i) , and adding Subsection (d-1) to read as follows: (d) Except as provided by Subsection (f) , the commissioners court or the court' s designee shall approve, approve with conditions, or disapprove [takc final action on] a plat application[, including thc rc3olution of all appcal3, ] not later than the 30th [60th] day after the date the [73-] completed [15-1-a ] application is received by the commissioners court or the court' s designee. An application is approved by the commissioners court or the court's designee unless the application is disapproved within that period and in accordance with Section 232.0026. _( ) Notwithstanding Subsection (d)_, if a groundwater availability certification is required under Section 232.0032, the 30-day period described by that subsection begins on the date the applicant submits the groundwater availability certification to the commissioners court or the court's designee, as applicable. (f) The 30-day [CO day] period under Subsection (d) : (1) may be extended for a [rca3onablc] period not to exceed 30 days, if: _(A) requested and agreed to in writing by the applicant and approved by the commissioners court or the court' s designee; or _(BL [ (2) may bc extended 60 additional day, if] Chapter 2007, Government Code, requires the county to perform a takings impact assessment in connection with the [ft] plat application; and J2)_ [ (3) ] applies only to a decision wholly within the control of the commissioners court or the court' s designee. (g) The commissioners court or the court's designee shall make the determination under Subsection Jf)__(1)_ [ (f) (2) ] of whether the 30-day [60 day] period will be extended not later than the 20th day after the date a completed plat application is received by the commissioners court or the court' s designee. (h) The commissioners court or the court' s designee may not require [compcl] an applicant to waive the time limits or approval procedure contained in this subchapter [3cction] . (i) If the commissioners court or the court' s designee fails to approve, approve with conditions, or disapprove a plat https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 4/6 7/26/2019 Text application [t-a-Ite—f---i-n-a--l—a-e-t--i-e-n—o-n—t--1-re—p ] as required by this subchapter [Sub,cction (d) ] : (1) the commissioners court shall refund the greater of the unexpended portion of any [plat] application fee or deposit or 50 percent of an [a plat] application fee or deposit that has been paid; (2) the [plot] application is granted by operation of law; and (3) the applicant may apply to a district court in the county where the tract of land is located for a writ of mandamus to compel the commissioners court to issue documents recognizing the plat application's [plat' 3] approval. SECTION 11. Subchapter A, Chapter 232, Local Government Code, is amended by adding Sections 232.0026, 232.0027, 232.0028, 232.00285, and 232.0029 to read as follows: Sec. 232.0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (a) A commissioners court or designee that conditionally approves or disapproves of a plat application under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or the reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. (b) Each condition or reason specified in the written statement: J1) must: JA) be directly related to the requirements of this subchapter; and (B) include a citation to the law, including a statute or order, that is the basis for the conditional approval or disapproval, if applicable; and (2) may not be arbitrary. Sec. 232.0027 . APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional approval or disapproval of a plat application under Section 232.0026, the applicant may submit to the commissioners court or designee that conditionally approved or disapproved the application a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The commissioners court or designee may not establish a deadline for an applicant to submit the response. Sec. 232 .0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. (a) A commissioners court or designee that receives a response under Section 232.0027 shall determine whether to approve or disapprove the applicant' s previously conditionally approved or disapproved plat application not later than the 15th day after the date the response was submitted under Section 232.0027 . (b) A commissioners court or designee that conditionally approves or disapproves a plat application following the submission of a response under Section 232 .0027 : J1) must comply with Section 232 .0026; and (2) may disapprove the application only for a specific condition or reason provided to the applicant for the original application under Section 232.0026. (c) A commissioners court or designee that receives a response under Section 232.0027 shall approve a previously conditionally approved or disapproved plat application if the applicant's response adequately addresses each condition for the conditional approval or each reason for the disapproval. (d) A previously conditionally approved or disapproved plat application is approved if: J1) the applicant filed a response that meets the requirements of Subsection (c)_; and J2) the commissioners court or designee that received the response does not disapprove the application on or before the date required by Subsection (a) and in accordance with Section https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 5/6 7/26/2019 Text 232 .0026. Sec. 232.00285. DEVELOPMENT PLAN REVIEW. (a) In this section, "development plan" includes a preliminary plat, preliminary subdivision plan, subdivision construction plan, site plan, general plan, land development application, or site development plan. _(b) Unless explicitly authorized by another law of this state, a county may not require a person to submit a development plan during the plat approval process required by this subchapter. If a county is authorized under another law of this state to require approval of a development plan, the county must comply with the approval procedures under this subchapter during the approval process. Sec. 232 .0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal action challenging a disapproval of a plat application under this subchapter, the county has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. The court may not use a deferential standard. SECTION 12. Section 232 .0025 (e) , Local Government Code, is repealed. SECTION 13. The change in law made by this Act applies only to a plat application filed on or after the effective date of this Act. A development or plan application filed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 14 . This Act takes effect September 1, 2019. President of the Senate Speaker of the House I certify that H.B. No. 3167 was passed by the House on May 2, 2019, by the following vote: Yeas 119, Nays 18, 1 present, not voting. Chief Clerk of the House I certify that H.B. No. 3167 was passed by the Senate on May 21, 2019, by the following vote: Yeas 27, Nays 3, 1 present, not voting Secretary of the Senate APPROVED: Date Governor https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 6/6 s ZONING ORDINANCE ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS SECTION 6.1 PLANNED DEVELOPMENT DISTRICT(PD) A. Purpose There exists in the City, tracts where the zoning regulations contained in the districts in Article 3 Residential District Standards and Article 4 Nonresidential District Standards may not provide for the development of innovative projects desired by property owners and envisioned by the City's Comprehensive Plan. To allow for innovative development projects in a way that can assist in the implementation of the Comprehensive Plan and other development goals and objectives, a Planned Development (PD) District is provided as a special district that may be used in these instances to provide a general benefit to the City as a whole. B. General Provisions 1. Separate Ordinance. Each Planned Development District shall be established by a separate ordinance. An approved conceptual plan for the entire property shall be part of the ordinance establishing a PD District. For purposes of Local Government Code Section 212.001, a concept plan is an exhibit within a zoning case and not a "plan" or "plat", and is not subject to the regulations within. 2. Minimum Area Requirement a. Non-residential Uses.No minimum area required. b. Residential Uses. Residential PD Districts shall be a minimum of 5 acres. However, the Commission may waive this minimum area requirement when necessary to promote innovative development, meet the goals of the Comprehensive Plan, or address parcels with topographic or other site-related constraints. 3. Site Plan Required. Within established PD Districts, sitedevelopment plans shall be required. Site ' nt plans may be developed for individual properties, tracts, phases, or subareas within the PD district. In reviewing and approving sitede,elopment plans, the Commission shall use the approved concepts plan, zoning regulations and performance criteria and standards contained in the PD district ordinance adopted by the Council. No sitedevelopment plan may be approved that is not consistent with the approved conceptual plan and PD ordinance for the property. 4. Permitted Uses. A PD District may contain any use or combination of uses listed in Article 5. The uses permitted in a PD shall be listed in the ordinance establishing the district. If a use is desired that is not currently a listed use in Article 5, a new use maybe classified, within the PD ordinance, by following the procedures in Section 5.6 New and Unlisted Uses. 5. Development Standards. The conceptdevelopment plan and ordinance establishing a PD shall specify such regulations as deemed necessary to achieve the goals and objectives of the PD, including but not limited to regulations governing heights of buildings and structures, lot size, floor area requirements, density, coverage, and setbacks. 6. Standards Not Specified. The remaining regulations in this ordinance control unless they are expressly altered by the PD ordinance in accordance with this section. Ctrt oF ZONING ORDINANCE 7. Additional Regulations. The PD ordinance may contain any additional regulations, special exceptions, or procedures considered necessary to achieve the innovative aspects of the project, or to minimize potential adverse impacts that could result from the creation of the district. C. Initiation of a PD 1. A PD district shall be initiated by application of all property owners within the area of request. The applicant shall comply with the zoning amendment procedures for a change in zoning district classification, except as expressly amended in this section. 2. A pre-application conference is required prior to the formal submittal of an application for a PD district. The applicant shall request and attend a pre-application conference with the Directorthe City Planner and other appropriate City Officials prior to formal application. 3. At the pre-application conference, the applicant shall provide a concept plan that includes, but is not limited to, the following information: proposed land uses, density, approximate gross square footage of nonresidential uses, number of dwelling units by type, access, projected height, topography, significant environmental features, and a statement of the innovative aspects of the proposed development that requires the creation of the PD District. 4. Based on the information provided by the applicant, the City PlannerDirector shall: a. Provide initial comments concerning the merits of the proposed development; b. State what information shall be provided in the development planconcept plan for a complete review of the proposed development; and c. Provide any other information necessary to aid the applicant in the preparation of the complete PD application and provide a pre development letter. 5. Application for a PD shall be made to the City PlannerDirector on a foi in furnished by the City. Applications are only accepted on the dates shown on the Submittal Calendar available on the City website or in the Planning office. A complete application shall contain all of the following: a. The application fee and pre development letter. b. The name, address, telephone number, and signature of the applicant. If the applicant is not the owner of the lot, the applicant shall submit a letter from the owner authorizing the applicant to act on the owner's behalf. c. The name, address, telephone number of the owner of the property. If there is more than one owner, the names and addresses of all owners shall be provided. d. The name, address, telephone number of the land planner or engineer responsible for the preparation of the concept plan, if any. e. The street address, if any, and complete legal description of the property. f. A conceptuit4 plan including any proposed phasing. . photography showing sufficient detail, but general enough to be legible. 6. The conceptual plan submitted under this section shall: a. I An illustration of the concept plan, in a format determined by the City Planner, showing sufficient detail, but general enough to be legible. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS s ZONING ORDINANCE Council. b. Have a scale of one inch equals 100 feet or larger (e.g., one inch equals 50 feet, or one inch equals 40 feet, etc) and be formatted on a standard drawing sheet offor a size ofnot to exceed 24 inches by 36 inches. In the event a single sheet is not practicable, multiple sheets may be used if, on each sheet: (1) Match lines are indicated; and (2) A composite drawing is provided that shows the entire proposed development, location of the match lines, sheet numbers, and the location of the sheet within the proposed development by the shading in of the appropriate area on the composite. c. Include a location diagram showing the property in relation to surrounding streets. d. Contain title block and reference information pertaining to the property and plan, including the name of the project, the names of persons responsible for preparing the plan, the scale of the plan, both graphic and numeric, and the date of submission with provisions for dating revisions. e. Show the dimensions of the property and indicate its area in both square feet and acres. f. Contain in written and tabulated form, proposed uses within the PD, heights of buildings and structures, lot size, floor area requirements, density, coverage, and setbacks. If necessary this infotination should be broken down for each use proposed on the site. g. Show any other proposed changes to development regulations contained in this chapter. 7. To the extent possible, the conceptual plan should also: a. Show or describe the building envelope for each existing and proposed building on the lot. b. Show the location and dimensions of all existing streets, alleys, easements for utilities, streets, and other purposes, floodplains as defined by the Federal Emergency Management Administration(FEMA), and/or other official drainage information. c. Show all areas proposed for dedication or reservation. d. Show setback lines and building lines for each existing and proposed building on the lot. e. Show all existing and proposed points of ingress and egress to the property, and for those tracts adjacent to an arterial thoroughfare, indicate estimated peak hour turning movements to and from existing and proposed public and private streets and alleys. f. Show all existing and proposed median cuts and driveway locations within 250 feet of the property. g. Show all existing and proposed off-street parking and loading areas, indicating the general dimensions of parking bays, aisles, and driveways, and the number of cars to be accommodated in each row of parking spaces. h. Show all existing and proposed provisions for pedestrian circulation on the lot including sidewalks, walkways, crosswalks, and pedestrian plazas. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS s ZONING ORDINANCE i. Show the location and indicate the type of any special traffic regulation facilities proposed or required. j. Show the existing and proposed topography of the property using contours of two feet or less. Existing contours should be shown with dashed lines and proposed contours should be shown with solid lines. k. Show the location and indicate the type of any existing or proposed mechanical or electronic equipment capable of producing noise that crosses the property line. 1. Show any other reasonable and pertinent information that would assist the City Planner Diiec or in deteimuining the appropriateness of the PD. D. Commission Review and Action 1. Once a complete application for a PD has been received and reviewed, the City PlannerDirector shall schedule a public hearing before the Commission to receive public comment regarding the plan. Scheduling and Nnotification of the public hearing shall be as any other change in zoning classification as may be required by State law and Section 8.1 of this Ordinance. 2. After the public hearing, the Commission shall make a recommendation of approval, approval with conditions, or denial, regarding the PD application and forward it to the Council for approval, approval with conditions, or denial.further action. 3. The City PlannerDirector shall prepare a PD district ordinance based on the Commission and staff recommendation on the applicant's concep .s plan. The ordinance shall contain regulations governing permitted uses, heights of buildings and structures, lot size, floor area requirements, density, coverage, and setbacks, and may further contain any additional regulations, special exceptions, or procedures that the Commission considers necessary to achieve the innovative aspects of the conceptual plan, or to minimize potential adverse impacts which could result from the creation of the district. The conceptual plan and development conditions shall be attached and made a part of the PD ordinance. E. Council Review and Action 1. After preparation of the ordinance by the City Attorney, the Council shall hold a public hearing to allow all interested parties to present their views regarding the proposed PD district ordinance. Notice of this public hearing shall be given in the same manner as a public hearing for a change in zoning district classification. 2. Following adoption of the PD district ordinance by the Council, the City PlannerDirector shall amend the official zoning map to reflect the change of zoning district classification on the property. The PD ordinance and the conceptual plan shall be used in the review and approval of all development related permits for the property governed by the PD. F. Amendments to the Concept €d plan 1. An amendment to the conceptual plan and development conditions is a change in zoning district classification and shall follow the same procedures set out in this section, except the City PlannerDirector may authorize minor changes in the concepts plan and conditions that do not: a. Alter the basic relationship of the proposed development to adjacent property; b. Change the uses permitted; ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS s ZONING ORDINANCE c. Increase the maximum density, floor area ratio, or height; d. Decrease the amount of required off-street parking; or e. Reduce the minimum yards required at the boundary of the site. 2. The applicant shall submit a revised conceptual plan and development conditions that reflects the requested changes. 3. An applicant may appeal any decision of the City PlanncrDirector to the Commission. CITY()F WYLIE ZONING ORDINANCE ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES SECTION 8.1 ZONING AND SITE-RELATED APPLICATIONS A. General 1. Submission - • of an Application a. Pre-application Conference (1) An applicant for a change in zoning or site plan is encouraged required to request and attend a pre-application conference with the City PlannerDirector and other appropriate City officials prior to formal application. (2) At the pre-application conference, the applicant shallshould present a draft concept plan with as much detail as possible. (3) Based on the information presented, the City PlannerDirector will provide a Pre- Development letter containing initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal zoning application. b. Application Requirements. No application shall be accepted or reviewed which is not complete and accompanied by the payment of fees as established in this Code or other ordinances of the City of Wylie. All applications shall be filed with the City on forms available from the City of Wylie. c. eted licyttions h41 itefoninti I be d—at week prief—t-0 Completed applieations—tdite--pliart—and tletv el opi neut—1-4 ap4Mok44-shall-be ted at 4e-a-s-t tviviecks—ptiett le--the--ftirst setheduled-beartng-date. 2. Submission of Plans ad. A Ssubmittal Sschedule is available wsted on the City of Wylie website plaimint calendar and in the Planning offices. All submittals shall only be accepted on those dates listed, meet the checklist. eb. Preparation. All plans submitted pursuant to this Zoning Ordinance shall be prepared by a registered architect, engineer, landscape architect, or certified city planner. thee. DocumentsQuantity Required. The applicant shall submit the following • of submittalsdocuments in support of an application in order to provide for adequate review of the application: (1) Physical and/or electronic copies ,---of all concept, site, and landscape plans, elevations and other drawings that form the submittal, in a format determined by the City Planner which shall be listed on the official submittal appjjcation. no larger than 21" x 36". (2) One copy of a completed the Application form and 8 1/2" x 1 1" photographic reduction of the drawings, including, a pre-development letter, and, a legal description of all tracts involved in the application. WYLIE CITY OF ZONING ORDINANCE (3) If needed, Oone copy of the Development Schedule, Preliminary Service plan, Draft Development Agreement and any other supporting material as may be required. 23. Posting property for zoning changes. Any person, firm or corporation requesting a change in zoning from one district classification to another district classification shall be required to place and maintain a sign or signs, provided by the Planning Department, upon the property for which a change in zoning has been requested, which sign or signs shall be located as follows: a. One sign for the first three hundred(300) feet of each street frontage and one sign for each additional one thousand (1,000) feet of street frontage, shall be located within thirty (30) feet of the abutting street, or as determined by the City Planner etei of the Planning Department or his/her designee. b. So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. c. So as not to create a hazard to traffic on the public rights-of-way abutting the property. d. On the subject property at least fifteen (15) days prior to the hearing of such zoning request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant.Removal of the sign by the applicant after a recommendation by the Planning and Zoning Commission shall constitute a withdrawal of the request. e. The signs, caused to be placed by the Planning Department shall be of a size,type, and message content as determined by the City Planner Director of the Planning Department but shall advise the rezoning is requested and shall list the telephone number of the Department of Planning for more information. f. Upon making an application for a zoning change, the Applicant will place sign(s) provided by the Planning Department as required by this section. After the zoning change is approved in final foiui by the City Council, denied by the City Council, or withdrawn by the applicant, the Applicant shall return the sign to the Planning Department within ten(10) days of such event. g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested. h. In the event the applicant shall fail to place or maintain signs in accordance with Section 8.1.A.3, then the public hearing(s)before either the Planning and Zoning Commission or the City Council, shall be postponed to a date in the future which would allow time for compliance. i. The erection of any sign required by this section shall not require a permit under the city sign ordinance. j. The owner or applicant shall promptly notify the Planning Department to replace any sign required by this ordinance which becomes stolen or vandalized and a police report must be filed. The City Planner Planning shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of stolen or vandalized signs. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WY LIE ZONING ORDINANCE k. Failure to return the sign in accordance with this Ordinance shall result in a fee of $100.00 charged to the applicant. No building permit or certificate of occupancy will be issued until all fees have been satisfied. Appa dl a a nc-ept..plan-Ail I b-e- ° un- 0111 LtF With "(IUL^ t-#iir 0111ufl1011C3, td t i�io� r�rytot t i at l initiation—of=tko-e ;it} --A14- quell cep re ity-with R vt(1—e0+it-ct t Thin. BC. Required Concept Plan 1. Applicability a. Concept plans shall be required with any zoning request and shall comprise part of the zoning on the site, and changes to concept plans shall constitute a change in zoning. For purposes of Local Government Code Section 212.001, a concept plan is an exhibit within a zoning case and not a "plan" or "plat", and is not subject to the regulations within. b. If, in the opinion of the City PlannerDirector, a site plan does not conform to the concept plan approved by the City, the applicant shall either seek approval of a revised concept plan (through re-zoning) or submit a revised site plan. 2. Purpose The purpose of a concept plan is to provide the City with the information and data that is necessary to assess the merits of the development, to properly plan for services in the City, and to ensure that developments are consistent with the comprehensive plan, thoroughfare plan and open space plan. 3. Concept Plan Content a. General. All plans must include date, appropriate engineering scale, north arrow, vicinity map, and the names, addresses and telephone numbers of both the property owner and the individuals preparing the plans. b. Site Features. The site analysis shall be prepared which describes existing natural features such as contours at not less than 2 foot intervals, trees over 6" in caliper, drainage ways, • other water features, and physical improvements by including the following items: (1) A metes and bounds description of the overall tract. (2) Conceptual representation of proposed use(s) and generalized representation of proposed improvements. (3) Identification of all areas to be dedicated to the City or to have public easements, such as roadways, utilities, open space and drainage areas. (4) General indication of how the proposed development will be able to achieve the desirable requirements for applicable design standards required in this ordinance. (5) Location of all proposed screening between the site and adjacent property. (6) Indication of each phase of development if separate phases are proposed. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES WYLIE CITY OF ZONING ORDINANCE (7) The location of collector roadways proposed in the development, right-of- way widths, and the location of collector access points to abutting streets and highways. 4. Other Materials Other material that maybe submitted in support of the application: a. Draft development agreement and any covenants, conditions, restrictions and agreements which govern the construction, use, maintenance and operation of roadways, parks, open space, drainage areas and facilities. b. A preliminary geo-technical report that addresses soil, subsurface and slope conditions that may affect development. c. Traffic study showing the project's impact on roadway and intersection capacity. d. A development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the Commission, shall become part of the development plan and shall be adhered to by the owner, developer, and his successors in interest. C . Required Site Plan 1. Applicability a. Site plans are required for all developments except single family lots. The subdivision plat for single family development will be considered the site plan. Site plans shall be accompanied by a proposed development schedule. No development may occur, or building permit be approved on a site which does not conform to the approved site plan. b. Site plans shall be approved by the Commission, and shall be considered part of the development requirements for that site. A change to the site plan shall be considered a change in zoning in a planned development district. 2. Purpose The purpose of a site plan is to ensure that all provisions of the zoning ordinance of the City are adhered to; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule. 3. General a. No construction or development within a district that requires a site plan may commence, and no building permit may be issued unless the Commission has approved a site plan. b. Where a concept plan has been approved as part of the zoning, all site plans must be in conformity with that approved concept plan. c. No pPublic notification is not required for consideration of a site plan,or amendment, beyond posting as an agenda item for the Commission. to PD site plans, which must be notified. d. Site plans are required to demonstrate the manner in which the development will achieve the desirable requirements for design standards required in this ordinance. The review of the design standards required in this ordinance is subject to the following: ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WY LIE ZONING ORDINANCE (1) The manner in which the plan achieves the desirables are at the discretion of the developer. (2) The Staff and Commission may suggest alternative ways to achieve the required desirables, but may not deny a site plan solely on the basis of how the desirables are achieved. (3) The Staff and Commission shall determine that the required desirables have been achieved with the site plan. 4. Site Plan Content prepared by registered engineer, architect or landscape architect. In the event a single sheet is not practicable, multiple sheets may be used if, on each sheet: (1) Match lines are indicated; and (2) A composite dra ving is provided that shows the entire proposed development, the proposed development by the shading in of the appropriate area on the composite. b. General Information Required (1) North Arrow; (2) Total site acreage; (3) Submission date; (4) Scale (written and graphic); (5) Vicinity map; (6) Names, addresses and telephone numbers of designer, engineer, developer and owner; (7) Accurate survey of the boundaries of the site with the location of proposed land uses; (8) Adjacent subdivision names and property lines; and (9) Adjacent land uses and structures. c. Structures (1) Location, dimensions and use of all existing facilities and proposed building sites; (2) Setback and separation distances between building sites; (3) Proposed construction type and facade materials for all non-residential buildings (the Commission may require elevations and perspective drawings); (4) Proposed density of each use; (5) Proposed location of screening along the collector roadways shown on the thoroughfare plan. d. Streets and Sidewalks (1) Location and width of all rights-of-way and easements; (2) Location and dimensions of all pavement and curbing; ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES WYLIE CITY OF ZONING ORDINANCE (3) Location and width of all sidewalks; (4) Location and width of all ingress/egress points; (5) Location and width of all medians and median breaks; and (6) Location of any special traffic regulation facilities. e. Off-Street Parking and Loading Areas (1) Number, location and dimension of spaces; (2) Type of surface material of parking facility; (3) Dimension of aisles, driveways, maneuvering areas and curb return radii; (4) Distance between spaces and adjacent rights-of-way; (5) Location of all existing and proposed fire lanes and hydrants; and (6) Proposed lighting plan. f. Landscaping (1) Location and size of major tree groupings and existing hardwood trees greater than 6" caliper, noting whether they are to be removed or retained; (2) Location and size of proposed plant materials, including paving; (3) Number and type of each landscape element; (4) Height and type of all fencing or buffering; (5) Height of all planters, sculptures and decorative screens; (6) Location and type of trash receptacle screening; (7) Location and type of lighting for streets, signage and parking areas; and (8) Location of visibility triangles where required. g. Geo-technical (1) Geo-technical report on soils, subsurface and drainage that demonstrates conformity with the City's objectives; (2) Direction of water flow; (3) Quantity of on and off-site water generation; (4) Topographic contours at a minimum of 5 foot intervals; (5) Points of concentrated water discharge; and (6) Areas where special design and construction may be necessary due to slope or soil conditions. h. Preliminary Service Plan (1) A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area. (2) The proposed method of providing water and sewer utilities. i. Tabulation of Desirables Requirements for Design Review (1) Each site plan submission shall present, in tabular form, the manner in which the applicant feels that the site plan meets required desirables for Design Standards specified in this ordinance. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WYLIE ZONING ORDINANCE (2) Tabulations shall cross reference drawings or details on drawings to facilitate review. (3) The City Planner, or his/her designee, will review and certify that the required desirables have been achieved. 5. Site Plan Review and Approval a. Review of Site Plans (1) Site plans shall be reviewed by the Commission. Based upon its review, the Commission may approve, conditionally approve, request modifications or deny approval of the site plan based on evaluation of the site plan details with respect to criteria in this subsection. (2) In cases where site plan approval included provisions which must be approved by the Council, Commission approval of the site plan shall be referred to the Council for this action. (3) Site plans that meet the required desirables for design review may not be denied on the bases of how they were achieved. The Commission may explore with the applicant the rationale for the manner in which the desirables were achieved and may discuss alterations the applicant would be willing to make that would improve the projects accomplishment of City goals and objectives. b. Appe-al—of- Rlani4 -Dee' Anv denial inut be followed with a statement of reasons for denial citing specific sections (Wall ordinances or kodesi • 11 tçappjjcantdex eloper submits a revised plan addressing the reasons, the site plan plan/plat must be approved by the Commission or Council wifliin 15 days ol receipt oirevisiens, or * Municipal authorityCouncil can deny stating aliconditions not yet met, (1) An appeal to the Council of the Commission's decision may be made if filed by 'ng Department not more than seven days (2) The appeal shall state all reasons for dissatisfaction with the action of the Commission. (3) A three fourths majority vote by the Council is required to approve, conditionally stands, c. Review Criteria Site plans may have additional stipulations placed on them by the Commission, under the appef4-pfefe&s. In approving or denying a site plan under this Article, the following criteria shall be considered: (1) The extent to which the site plan fulfills the goals, objectives and standards in the City's Comprehensive Plan, Thoroughfare Plan, and other City policies and ordinances. (2) The fact that the site plan achieves the desirables to satisfy design standards required in this ordinance. WYLIE CITY OF ZONING ORDINANCE (3) Safety of the motoring and pedestrian public using the facility and area surrounding the site. (4) Safety from fire hazards and measures of fire control. (5) Protection from flooding and water damage. (6) Noise and lighting glare effects on adjacent neighbors. (7) Relations of signs to traffic control and their affect on adjacent properties. (8) Adequacy of streets to accommodate the traffic generation of the proposed development. (9) Adequacy of off-street parking and loading facilities for the uses specified. (10) Landscaping and screening provisions appropriately designed. (11) Sitting structures and other improvements relative to required setbacks, height limitations, and other density and dimensional requirements. (12) The environmental impact of the proposed development on the natural resources on site and on surrounding properties and neighborhoods. (13) Such other measures as might secure and protect the public health, safety, morals and general welfare. d. Effect of Site Plan Approval (1) If development of a lot with an approved site plan has not commenced within two years (in accordance LGC 245.005) of the date of final approval of the site plan, the site plan shall be deemed to have expired, and a review and re-approval of the approved site plan by the Commission shall be required before a building permit may be issued. (2) Extensions of the approval of the site plan may be granted by the Commission for a six month period, if: (a) There has been no related change in the City's development requirements since the last approval. (b) There has been no change in the area surrounding the site since the last approval. and, (c) There is no change in the site plan as originally approved. (3) There is no limit to the number of extensions a property owner may request. (4) If any of the above conditions are not met, the site plan shall require review and re-approval. (5) The review and approval shall be undertaken under the same procedures as a new submission and shall take into account all changes to applicable ordinances and other conditions which have occurred subsequent to the prior approval of the site plan. E. Processing Amendments to Approved Applications 1. Amendments to all applications and approvals shall be processed in the same manner as the original application. However, the applicant shall submit a summary of all elements that are proposed to be changed along with the revised plans and application. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES WYLIE CITY OF ZONING ORDINANCE 2. Notwithstanding the above, the City Planner Director may approve minor modifications in an approved site plan or PD site plan administratively,provided that they do not: a. Alter the basic relationship of proposed development to adjacent property; b. Change the uses permitted; c. Increase the maximum density, floor area, or height; d. Decrease the amount of off-street parking,unless parking remains sufficient in number and conforms to ordinance requirements; e. Reduce the minimum yards or setbacks; or f. Detrimentally change or alter the characteristics of the elevational drawings or site plan as approved,but rather allow for some flexibility in minor modification to same. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Sub ivision e u a • ions February, 2003 Amended July 2007 City of Wylie, Texas Subdivision Ordinancel Adopted 2-25-03,Amended 7-24-07 II. PROCEDURES Section 2.1: Pre-Application Procedures 2.1 The applicant should avail himself or herself of the advice and assistance of the City's administrative officers, and should consult early and informally with those officers before preparing a concept plan or any plat in order to save time and money, and to avoid potential unnecessary delays. Prior to formal application for approval of any concept plan or plat,the applicant shall request and attend a mandatory pre-application conference with the City Planner and other appropriate City officialfs) in order to become familiar with the City's development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his or her land planner, engineer, or surveyor. At the pre-application conference, the applicant shall present a draft concept plan with as much detail as possible. Based on the information presented, the City Planner will provide a Pre-Development letter containing initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal zoning application. Section 2.2: Statutory Procedures 2.2 A. Zoning Requirements. A property within the City's corporate limits that is being proposed for platting must be properly zoned by the City, following the procedures of Section 8.1 of the City of Wylie Zoning Ordinance, prior to submission of an application for approval of any plat. In addition, the proposed development layout or subdivision design shown on the proposed plat must be in conformance with all standards and requirements prescribed in the City's Zoning Ordinance. Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the plat. In situations where the zoning on a particular piece of property cannot be ascertained by the City, the burden of proof regarding the property's zoning shall rest with the property owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by City officials as to its validity and authenticity. Any plat submitted for approval by the City shall be in accordance with the City's Zoning Ordinance, if the property is located within the City's corporate limits, and, if the property is located within the City's corporate limits or extraterritorial jurisdiction, it shall be in accordance with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans. All plats shall be prepared by a licensed civil engineer or a registered land surveyor. City of Wylie, Texas Subdivision Ordinance6 Adopted 2-25-03,Amended 7-24-07 B. Classification of Subdivisions and Additions. Before any land is filed for record with the County Clerk,the property owner shall apply for and secure City Council approval of the required subdivision plat, in accordance with the following procedures,unless otherwise provided within this Ordinance. City of Wylie, Texas Subdivision Ordinance? Adopted 2-25-03,Amended 7-24-07 1. Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval by the City Planner requires the submission of a final plat drawing and other submission materials required by Section 2.11 of this Ordinance. Lots may be conveyed or sold only when the plat has been approved by the City and the plat has been recorded with the appropriate County of Record. 2. Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves three steps: a concept plan, preliminary plat and final plat. Sections 2.3 through 2.6 of this Ordinance provide the requirements for each. Major plat approval shall be in accordance with Sections 2.4 through 2.6 of this Ordinance. All major subdivision plats must be reviewed by the Commission and approved by the City Council, pursuant to Sections 2.4 through 2.8 of this Ordinance. Upon completion of the required public improvements, or upon submission and City approval of the appropriate surety for public improvements,the property owner may file the final plat in the land record of the appropriate County of Record. Lots may be sold only when the final plat has been recorded at the appropriate County of Record. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council and filed at the appropriate County of Record. C. Submission Requirements For All Types of Plat Applications. In addition to the requirements outlined herein for each type of development application, the City shall maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items. The forms and paperwork are available at the office of the City Planner. These policies and procedures may be amended from time to time, and it is the applicant's responsibility to be familiar with, and to comply with, the policies and procedures. D. Official Submission Date and Completeness of Application For All Types of Plats. 1. For the purpose of these regulations, the "official submission date" shall be the date upon which a technically complete application for approval of any type of plat, that contains all required elements mandated by the Texas Local Government Code, Section 212.004(b) and by this Ordinance, is submitted to the City Planner, after which the statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially submitted until the City Planner determines that the application is complete and the City issues a fee receipt. calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the "official submission date" shall become the 11 ' calendar day following initial receipt of the application by the City. City of Wylie, Texas Subdivision Ordinance8 Adopted 2-25-03,Amended 7-24-07 2. Plat applications which do not include all required information and materials, as outlined below and per other City development review policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Commission or Council agenda until the proper information is provided to City officials. E. Submission Procedures and City Review Process For All Types of Plats. 1. Submission Timing. A complete application for approval of any plat shall be submitted to the City as required by the City's official submittal calendar available on the City website or in the Planning office, at least sixteen (16) calendar days but day requirement for action of Section 212,009 of the Texas Local Government Code. 2. Submission Materials. The application shall include a written application form which bears the signature(s) of the property owner(s) of the subject property, along with the appropriate submission fee, paper and/or electronic copies as determined by the City Planner which shall be listed on the official submittal application, copies of full size (24" x 36") blue line or black line prints of the plat, the pre- development letter, a copy of any applicable development agreement pertaining to the subject property (if any), and any other applicable information and materials deemed appropriate by the City. The application shall be accompanied by a tax certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property, in accordance with Section 1.10. Documentation shall also be included that shows no delinquent assessments, fees, or other debts or obligations to the City and which are directly attributable to the subject property. The application shall also be accompanied by an engineer's summary report which describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development, including zoning of the property, proposed use(s) and acreage of each proposed use, minimum lot sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how storm water drainage will be handled; and an itemization and description of any variance or waiver from provisions of this Ordinance that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as TxDOT or Appropriate County of Record, acknowledging and approving proposed driveway locations and corresponding median openings and left turn lanes, if applicable. Letters shall also be provided from each of the applicable utility service providers, including water, wastewater, gas, electricity, telephone, cable TV and solid waste, verifying their ability to provide an adequate level of service for the City of Wylie, Texas Subdivision Ordinance9 Adopted 2-25-03,Amended 7-24-07 proposed development. A letter from the Wylie Independent School District shall also be provided that acknowledges the District's ability to accommodate the development, and that expresses any desire the District may have to obtain a future All plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans, shall be sized at on sheets no larger than 24" by 36" in size, and shall be drawn to a known engineering scale of not smaller than one hundred feet to the inch (1"=100') or a larger scale. In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, plats may be on multiple sheets or to another known engineering scale, as approved by the City, • • acceptable for eventual filing at 3. City Staff Review. Upon official submission of a technically complete application for plat approval, the City shall commence technical review of the development proposal by forwarding a copy of the application and plat to the Development Issues Review Team members which include, but shall not be limited to, the City Planner, City Engineer, City Manager, Public Works Director, Fire Chief/Marshall, Police Chief, Parks Director. Development Issues Review Team members shall review the plat and shall ascertain its compliance with these and other applicable City regulations. Following City staff review of the plat and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit (15) folded paper and/or electronic copies or files as determined by the City Planner, of the corrected plat to the City Planner no later than seven(7) calendar days prior to the Commission or Council meeting. Failure to resubmit corrected copies of the plat of the plat to the Commission for consideration pon sul n r e corrected plat to the City, the City Planner determines that the application is still incomplete or is not correct, the plat application shall be subject to denial by the Planner. After the plat has been scheduled on an agenda (or at any time prior), tThe applicant may request, in writing, a waiver of the thirty(30)day approval requirement specified in Section 212.009 of the Texas Local Government Code, in order to allow more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City Council may delay action on the final plat beyond thirty (30) calendar days following the official submission date. 4. Action by the Planning and Zoning Commission and City Council. The Planning and Zoning Commission shall review all subdivision plat applications, and if in conformance with the provisions of this Ordinance and with all other applicable regulations of the City, they shall be approved by the City Council. City of Wylie, Texas Subdivision Ordinance10 Adopted 2-25-03,Amended 7-24-07 The Commission shall review each plat application and shall recommend approval, recommend conditional approval, approval subject to certain conditions, or recommend denial of the plat within thirty (30) calendar days of the official submission date. The Council shall take action on the plat within thirty(30) calendar Commission's recommendation to approve the plat shall require a simple majority vote of the Council members present. If the Commission recommends disapproval of a plat application, the Commission shall state such disapproval and cite the specific applicable sections of the Ordinance or Code • , , such decision to the City Council by filing a Notice of Appeal in the office of the City Planner no later than fie (5)calendar days after the date upon which the Commission meeting no later than thirty (30) calendar days after the date upon which the Notice of Appeal was filed. The City Council shall approve, approve with conditions, or deny plat applications, as applicable, within thirty (30) calendar days of the Commission's recommendation. Affirmation of, minor modifications to, or negation of, the Commission's recommendation of the plat shall require a simple majority vote of the Council members present. If the Council denies a plat application,the Council shall state such disapproval and cite the specific applicable sections of the Ordinance or Code. Should the applicant revise the plat addressing the specific reasons given by Council, the Council shall have fifteen (15) days to act on the revision or the plat is deemed approved. . The Council may also, where appropriate, remand the plat back to the Commission for reconsideration if it believes facts or testimony. F. Simultaneous Submission of Plats. In the event that an applicant submits preliminary and final plat applications simultaneously, as provided in Section 2.4(c),the City Planner shall schedule both plat applications for action by the Commission within thirty (30) calendar days of the official submission date, unless the applicant has executed a written waiver of the 30-day review period for one or both plats. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission, then the Commission shall deny the final plat if not withdrawn by the applicant. The City Council shall take action on either one or both plat applications, as applicable, within thirty (30) calendar days of the Commission's action. Affiuiiation of, or minor modifications to, or the negation of, the Commission's recommendation ofto approve the plat(s) shall require a simple majority vote of the Council members present. G. Proof of Land Ownership. The City requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide written verification, such as a notarized statement or a power of attorney or other evidence satisfactory to the City Planner, that he or she is the owner of record of the subject land parcel or parcels, or is the property owner's City of Wylie, Texas Subdivision Ordinance) l Adopted 2-25-03,Amended 7-24-07 authorized agent. The City Planner shall have the authority to determine what document(s)the City will require to prove ownership, such as one of the following: 1. General warranty deed; 2. Special warranty deed; City of Wylie, Texas Subdivision Ordinance12 Adopted 2-25-03,Amended 7-24-07 3. Title policy; or 4. Some other documentation that is acceptable to the City Planner. If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, the City shall have the authority to deny the application on the basis of protecting the public interest. The applicant may resubmit a new development application, including the submission fees, for the property at any time following such denial. H. Lapse of Plat Approval. The approval of any concept plan or preliminary plat as required by the Ordinance, shall be effective for a period of one hundred and eighty-three (183) calendar days beyond the date that the plat was approved by the Commission or Council, except as otherwise provided herein. By 12:01 a.m. on the 184th day following Council approval of the plat, the applicant must have submitted an application for the next consecutive step in the platting process. If this is not accomplished, then the approved plat shall be deemed to have expired and shall become null and void. The approval of a final plat and the City Engineer's approval of engineering plans for proposed public improvements shall be effective for a period of one hundred and eighty- three (183) days beyond the date that the plat was approved by the Commission and Council. If the required fees are not paid and the applicable site construction not commenced within this time period, the final plat shall expire and become null and void, unless such time period is extended or reinstated by the City Planner. Following the acceptance of all improvements, the final plat shall be filed at the appropriate County of Record at the applicant's earliest convenience. A filed final plat is valid in perpetuity, unless vacated or amended. Failure to file a final plat with the County in a timely manner may be subject for withholding of connection of City utilities. I. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat, the property owner may petition the City to extend the plat approval. Such petition shall be considered by the City Council, and an extension may be granted by Council for a specific period of time. If no petition for extension of plat approval is submitted by the property owner prior to the expiration date,then the plat shall be deemed to have expired and shall become null and void. The property owner must thereafter submit a new plat application for approval, and shall conform to the subdivision regulations then in effect. The City Council may extend the approval subject to additional conditions based upon newly enacted City regulations or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Council may also specify a shorter time for extension of the plat than the original 183-day approval period. City of Wylie, Texas Subdivision Ordinance13 Adopted 2-25-03,Amended 7-24-07 J. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid for a period of one hundred eighty-three (183) calendar days following approval by the City Engineer. The City Council may, upon written request by the applicant, grant an extension of up to an additional 183 calendar days, after which the engineering plans shall be subject to re-approval by the City Engineer if no construction has occurred. Section 2.3: Concept Plan ApprovalRESERVED concept plan is the first step in the approval process for a residential or nonresidential the overall conceptual layout of the proposed development from the City's Development involved in the project early in the development process so that the provision of public facilities and services can be provided, which is particularly important for large scale B. Procedures and Submission Requirements for Conceit Plan Approval, The procedures ^ept plan shall be as set forth in Section 8.1 of the Zoning Ordinance for the City of Wylie. City staff may require additional information Per ose. The purpose of a concept plan, as it pertains to this Ordinance, is to allow issues and constraints; conformance to the Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan, Parks and Open Space Plan, water and sewer master plans, and other applicable plans of the City; and, if the subject property is ithin the City's corporate limits, the Zoning Ordinance; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan also assists the City in evaluating the possible safety and welfare of the community. City of Wylie, Texas Subdivision 0rdinance14 Adopted 2-25-03,Amended 7-24-07 entire property from which the phases are being subdivided and an approximate features may be used to delineate the smaller study area, reviewed by the Commission at the earliest akailable meeting. The Commission may approve, appro‘e with conditions or stipulations or deny for specific technical reasons F. A concept plan may, with the approval of the City Planner, be submitted and reN iew must be reviewed separately as changes to the concept plan may require amendments to the preliminary plat. Section 2.4: Procedures and Submission Requirements for Preliminary Plat Approval 2.4 A. Following approval of zoning and the concept plan, if required and in accordance with procedures outlined in Section 8.1 of the Zoning Ordinance, the applicant shall have prepared a preliminary plat together with engineering plans for the construction of the subdivision and all associated public improvements and other supplementary materials, as required by this Ordinance or by the City. B. The preliminary plat shall constitute only that portion of the approved concept plan which the applicant proposes to construct and record initially, however, that such portion confoiiiis to all the requirements of this Ordinance and with any other applicable regulations and codes of the City. C. The applicant may choose to submit a final plat for review concurrently with the preliminary plat. In such case, the City may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, including full engineering plans and the appropriate assurances for the completion of all improvements, as per Section 6, and provided that adequate review can be achieved by the City and Commission. D. Approval of a preliminary plat by the City Council shall be deemed general approval of the street and lot layout shown on the preliminary plat (approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the City Engineer's approval of the engineering plans), and to the preparation of the final plat. City of Wylie, Texas Subdivision Ordinance)5 Adopted 2-25-03,Amended 7-24-07 Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval and when all procedural requirements set forth in this Ordinance have been met. E. Standards for Approval. No preliminary plat shall be recommended for approval by the Commission or approved by the City Council unless the following standards have been met: 1. The plat substantially conforms with the approved concept plan, or other studies and plans approved by the City, as applicable; 2. The layouts and engineering plans for required public improvements and City utilities have been submitted by the applicant for approval by the City Engineer (whether specifically stated or not, preliminary plat approval shall always be subject to any additions or alterations to the engineering plans as deemed necessary by the Engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and 3. The plat conforms to applicable zoning and other regulations. F. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the preliminary plat and stating any requirements, including easements, they may have. This requirement may be deferred until the final plat by the City Engineer. G. Information Required Upon or With Preliminary Plat. The proposed preliminary plat and associated engineering plans shall show the following info''nation (some required physical and engineering data may be included in the other plans or as separate documents as appropriate): 1. A vicinity, or location, map that shows the location of the proposed preliminary plat within the City(or within its ETJ) and in relationship to existing roadways; 2. Boundary lines, abstract or survey lines, corporate or other jurisdictional boundaries, existing or proposed highways and streets (including right-of-way widths), bearings and distances related to State Plane Coordinates and sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled; see Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot (curve and line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract or survey corner or existing subdivision corner shall be shown; City of Wylie, Texas Subdivision Ordinancel6 Adopted 2-25-03,Amended 7-24-07 3. The name, location and recording information of all adjacent subdivisions (or property owners of adjacent unplatted property), including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lot and block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines, the names of owners of record, and the recording information; 4. The location, widths and names of all streets, alleys and easements (it shall be the applicant's responsibility to coordinate with appropriate utility entities for placement of necessary utility easements and for location of all streets and median openings on highways or arterial roadways), existing or proposed, within the subdivision limits and adjacent to the subdivision; a list of proposed street names shall be submitted(in the form of a letter or memo along with the application form)for all new street names (street name approval is required at the time the preliminary plat is approved); 5. The location of all existing property lines, existing lot and block numbers and date recorded,easements of record(with recording infoliiiation),buildings,existing sewer or water mains, gas mains or other underground structures, or other existing features within the area proposed for subdivision; 6. Proposed arrangement and square footage of lots (including lot and block numbers) and proposed use of same; for nonresidential uses, the location and size of buildings (this information may be provided on a separate sheet, such as on a voluntary concept plan or preliminary site plan; see the Zoning Ordinance); 7. A title block within the lower right hand corner of the plat (and engineering plans) which shows the title or name under which the proposed subdivision is to be recorded, the name and address of the property owner and the name of the land planner,licensed engineer or registered public surveyor who prepared the plat or plans, the date the plat was prepared, and the location of the property according to the abstract or survey records of appropriate County of Record, Texas; the subdivision name shall not duplicate (or phonetically replicate) the name of any other platted subdivision in Wylie or its ETJ, but phasing identification is allowed (it is the property owner's responsibility to check the plat records of appropriate County of Record to ensure that the proposed subdivision name will not duplicate or sound too much like a subdivision name already in existence -- the City may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public); 8. Sites,if any,to be reserved or dedicated for parks, schools,playgrounds, other public uses or for private facilities or amenities; 9. Scale,date,north arrow oriented to the top or left side of the sheet,and other pertinent informational data; City of Wylie, Texas Subdivision Ordinancel7 Adopted 2-25-03,Amended 7-24-07 10. Contours with intervals of two feet (2') or less shown for the area, with all elevations on the contour map referenced to sea level datum; 11. Areas contributing drainage to the proposed subdivision shall be shown in the engineering plans; locations proposed for drainage discharge from the site shall be shown by directional arrows; 12. All physical features of the property to be subdivided, including the location and size of all water courses, 100-year flood plain according to Federal Emergency Management Agency (FEMA) information, Corps of Engineers flowage easement requirements, ravines,bridges, culverts, existing structures, drainage area in acres or area draining into subdivisions, the outline of major wooded areas or the location of major trees, six (6) inches and larger when measured 4 CIA feet above ground level, and other features pertinent to subdivision; 13. Preliminary Eengineering plans of water and sewer lines and other infrastructure (including sizes) to be constructed in the subdivision; the proposed connections to distribution mains shall be indicated; 14. Proposed phasing of the development; where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development; the dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision; the City Council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or for such phases as the City Council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares; 15. All preliminary plats shall be submitted in a legible format that complies with appropriate County of Record requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper; 16. Proposed or existing zoning of the subject property and all adjacent properties, as well as a tabulation of site development information and the intended manner of compliance with the Design Standards of the Zoning Ordinance including the required points for optional standards. 17. Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a flood plain or within an area that may be susceptible to flooding; H. Engineering Plans. Along with the preliminary plat application, the applicant shall submit tv,o (1) sets of the complete preliminary engineering plans for streets, alleys, storm sewers and drainage structures,water and sanitary sewer facilities, screening and retaining walls,landscaping and irrigation,and any other required public improvements for the area covered by the preliminary plat. City of Wylie, Texas Subdivision Ordinancel8 Adopted 2-25-03,Amended 7-24-07 The engineering plans shall also contain any plans deemed necessary to show or document compliance with the City's ordinances pertaining to nonpoint source pollution control, on-site sewage facility rules, and any other applicable codes and ordinances of the City that are related to development of a land parcel. Cost estimates shall also be submitted with the engineering plans. For the purposes of this Ordinance, complete sets of engineering plans shall include the following plans or sheets(generally in this order), as well as any additional plans or sheets deemed necessary and requested by the City Engineer: -- Cover or title sheet -- Preliminary plat -- Final site plan (for nonresidential and multi-family projects only - see the Zoning Ordinance for specific requirements and approval procedures) -- Existing conditions plan, which shows existing topography, vegetation, tree inventory, existing natural and man-made physical features, etc. -- Existing tree survey and Tree Management Plan -- Grading, erosion control, and water quality control plans -- Paving and storm drainage plans -- Utility plans for water, sanitary sewer, etc. -- Traffic control plans (if necessary) -- Screening and retaining wall plans -- Landscaping and irrigation plans The applicant shall have these plans prepared by their own professional engineer(s), subject to approval of the plans by the City Engineer. The City Engineer shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them "Approved" and shall return one set to the applicant. If not approved, one set shall be marked with the objections noted and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and shall resubmit them back to the City Engineer for re-review. Engineering plans shall be prepared by or under the direct supervision of a professional engineer licensed in the State of Texas, as required by State law governing such professions and in accordance with this Ordinance and the City's Design Manuals and Standard Construction Details. All engineering plans submitted for City review shall be dated and shall bear the responsible engineer's registration number, his or her designation of "professional engineer" or "P.E.", and the engineer's seal. The City Engineer shall approve engineering plans when such plans meet all of the requirements of this Ordinance and the Design Manuals and Standard Construction Details. City of Wylie, Texas Subdivision Ordinance19 Adopted 2-25-03,Amended 7-24-07 Engineering plans shall be in conformance with the Design Manuals and Standard Construction Details and with the requirements set forth herein. Engineering plans showing paving and design details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and irrigation plans (if appropriate), and other engineering details of the proposed subdivision at a scale of one inch equals 40 or 50 feet(1"=40' or 50') horizontally and one inch equals 4, 5, or 10 feet (1" = 4', 5' or 10') vertically shall be submitted to the City Engineer(or designee)along with a copy of the preliminary plat of the subdivision. The number of copies as specified by the City shall be submitted along with the preliminary plat submittal. As part of the engineering plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan. I. Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions to the preliminary plat will probably be needed before the final plat can be filed at the County of Record. Such minor revisions as slight enlargement or shifting of easements or lot lines, addition of private or franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the final plat without having to re- approve the preliminary plat. Major revisions, such as obvious reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate re-submission and re-approval of the plat as a "revised preliminary plat". The procedures for such re-approval shall be the same as for a preliminary plat, and such re-approval may constitute a new project thus necessitating submission of a new application form, payment of new fees, and other requirements. City of Wylie, Texas Subdivision Ordinance20 Adopted 2-25-03,Amended 7-24-07 Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 5 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 16, 2019 Exhibits: 1 Subject Consider, and act upon, Resolution No. 2019-20(R) of the City Council of the City of Wylie, Texas, recognizing the designation of places and areas as historically, culturally, and/or architecturally important and significant, through the adoption of,Planned Development Districts, Special Use Permits, Overlay Districts, and other zoning. Recommendation Motion to approve Resolution No. 2019-20(R) of the City Council of the City of Wylie, Texas, recognizing the designation of places and areas as historically, culturally, and/or architecturally important and significant, through the adoption of,Planned Development Districts, Special Use Permits, Overlay Districts, and other zoning. Discussion House Bill 2439 of the State of Texas 86th Legislature prohibits a governmental entity from adopting or enforcing an ordinance that limits the use or installation of a building product or material if the building product or material is approved for use by a national model code published within the last three code cycles,unless one of a number of statutory exceptions applies.This bill applies to both residential and commercial properties. One of the statutory exceptions included within.HB 2439 is that a governmental entity may enforce building product or materials regulations in places or areas that were designated as historically, culturally, or architecturally significant and important before April 1, 2019. This resolution recognizes that the City of Wylie City Council designated,before April 1, 2019,the referenced planned development districts,properties subject to specific use permits, and overlay districts as historically, culturally, or architecturally significant and important to help protect the look, feel, aesthetic value, and property values of those places and areas. Page 1 of 1 RESOLUTION NO. 2019-20(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, RECOGNIZING THE DESIGNATION OF PLACES AND AREAS AS HISTORICALLY, CULTURALLY AND/OR ARCHITECTURALLY IMPORTANT AND SIGNIFICANT THROUGH THE ADOPTION OF PLANNED DEVELOPMENT DISTRICTS, OVERLAY DISTRICTS, AND SPECIFIC USE PERMITS BEFORE APRIL 1,2019; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has found that it is in the best interests of the City of Wylie, Texas ("Wylie") and its citizens to regulate building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of residential and commercial buildings; and WHEREAS, the City Council has found that such regulations are in furtherance of the health, safety, morals, property values and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie; and WHEREAS, from time to time the City Council has designated certain places and areas as historically, culturally and/or architecturally important and significant to the Wylie community through, among other things, the adoption of planned development districts, zoning overlay districts, and specific use permits that by their nature recognize each of the subject place or area's unique or distinctive character and importance to the Wylie community; and WHEREAS, the City Council desires to recognize and reaffirm the importance and significance of each such place or area by the adoption of this Resolution, preserving Wylie's authority to regulate building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of all residential and commercial buildings in such areas. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: The City Council hereby recognizes its designation,before April 1, 2019, of the places and areas subject to the following planned development districts as historically, culturally and/or architecturally important and significant to the Wylie community: Subdivision or Common Name Ordinance# Adoption Date 501 W Brown 83-29 9/13/1983 544 Industrial Park 2015-34 10/13/2015 2505 Country Club 2019-0 7 2/26/2019 Alanis Crossing 2015-02 9/13/2015 2006-55 8/22/2006 Resolution No.2019-20(R)Recognizing the Designation of Places and Areas as Historically,Culturally,and/or Architecturally Important and Significant Page 1 2827987 Allen Funeral home 87-41 8/11/1987 Avalon 2001-34 7/24/2001 Azure Pools 2019-01 1/8/2019 Birmingham Bluffs 2018-10 4/10/2018 Birmingham Farms 2002-40 9/24/2002 2002-39 9/24/2002 2002-38 9/24/2002 Bozman 2013-40 10/22/2013 2007-35 10/23/2007 2002-52 12/10/2002 2002-21 8/13/2002 2001-51 12/11/2001 Braddock Place 2015-25 8/11/2015 2015-03 1/13/2015 2014-23 6/24/2014 2005-24 7/26/2005 Century Business Park - Dickeys 2003-19 8/26/2003 Collins Estates 2005-22 4/26/2005 Covington Estates 2014-03 1/28/2014 Cooper Retail Addition 2005-16 4/12/2005 Country Ridge 2001-24 5/22/2001 Creek Hollow 2003-13 6/24/2003 Creekside 2017-07 2/28/2017 99-32 10/6/1999 CVS Country Club Addition 2006-02 1/10/2006 2005-25 6/28/2005 Dominion of Pleasant Valley 2017-31 12/12/2017 2016-27 11/14/2016 2013-3 7 9/24/2013 Emerald Vista 2018-23 8/28/2018 2018-06 2/27/2018 EXCO 2014-28 9/9/2014 Gateway Community Church 2008-22 4/22/2008 Grayhawk Park 2015-29 9/8/2015 Greenway 78 2004-43 12/14/2004 Helmberger Industrial Park 2018-30 10/23/2018 Jacobs Addition 2017-03 1/10/2017 Kingsbridge 2014-42 12/9/2014 2011-07 3/8/2011 2000-22B 11/28/2000 Kreymer Estates 2013-33 8/27/2013 2012-04 1/24/2012 2011-28 12/13/2011 Resolution No.2019-20(R)Recognizing the Designation of Places and Areas as Historically,Culturally,and/or Architecturally Important and Significant Page 2 2827987 Kreymer Estates East 2015-23 6/23/2015 2014-32 9/23/2014 Lakeside Estates 99-18 98-06 8/31/1999 98-05 1/27/1998 1/27/1998 Lewis Ranch 2013-03 1/22/2013 McCreary FM 544 Addition 2008-25 5/27/2008 Medical Plaza Addition 2012-03 1/10/2012 - Holiday Express Wylie Addition - La Quinta Addition New Haven 2016-04 8/3/2016 NTMWD - water operations 2019-02 1/8/2019 Oncor Lavon Switching Station 2006-19 3/28/2006 Parkside 2004-42 12/14/2004 Patrick Addition 2000-22A 11/2/2000 Platinum Storage 2015-17 5/12/2015 Regency Steel Business Campus 2011-10-1 4/12/2011 2007-14 5/22/2007 Riverchase 2005-44 9/13/2005 99-31 9/14/1999 Robert Heath 99-5 2/22/1999 Rustic Oaks 87-22 3/24/1987 Sage Creek 2005-36 8/9/2005 2004-11 3/23/2004 2000-21 9/12/2000 99-39 12/18/1999 99-9 4/27/1999 98-28 10/13/1998 Southbrook 2002-08 3/12/2002 Southplace Estates 2002-42 10/8/2002 2002-41 10/8/2002 Stone Grove 2014-32 9/23/2014 93-29 7/13/1993 Stone Ranch 2017-04 1/10/2017 2015-28 9/8/2015 2015-11 2/24/2015 The Cascades 2000-20 9/12/2000 The Meadows of Wylie 86-83 8/12/1986 Trailsplace 84-41 8/28/1984 Westgate Apartments 2018-05 2/27/2018 Westgate 93-22 7/13/1993 Westgate Station 2014-40 11/11/2014 Resolution No.201.9-20(R)Recognizing the Designation of Places and Areas as Historically,Culturally,and/or Architecturally Important and Significant Page 3 2827987 Woodbridge 2011-06 3/8/2011 98-15 6/9/1998 Woodbridge Center 2018-29 10/9/2018 - Woodbridge Townhomes 2018-12 4/10/2018 - Broadstone Woodbridge 2017-17 6/13/2017 - Raymond Cooper Junior High 2011-29 12/13/2011 School 2006-46 7/25/2006 - B&B / Wylie Storage 2003-01 1/14/2003 Woodbridge Crossing 2017-11 3/28/2017 - Woodbridge Phase21 2017-01 1/10/2017 - Mansions at Wylie Seniors 2008-43 9/23/2008 2006-01 1/10/2006 Wooded Creek 2002-02 8/1/2002 2001-46 9/25/2001 Wylie Lakes 2012-41 10/9/2012 2003-18 8/26/2003 Wylie Methodist Church 2001-28 6/12/2001 Wyndham 94-38 10/11/1994 ZLAN Corner (animal clinic) 2013-05 2/15/2013 SECTION 3: The City Council hereby recognizes its designation, before April 1, 2019, of the places and areas subject to the following zoning overlay districts as historically, culturally and/or architecturally important and significant to the Wylie community: Overlay District Ordinance# Adoption Date Downtown Historic District 2015-08 1/27/2015 2009-24 9/8/2009 2008-47 10/14/2008 2001-48 11/13/2001 South Ballard Overlay 2009-31 10/13/2009 SECTION 4: The City Council hereby recognizes its designation, before April 1, 2019, of the places and areas subject to the following specific use permits as historically, culturally and/or architecturally important and significant to the Wylie community: Subdivision or Common Name Ordinance # Adoption Date Caliber Collision 2013-32 8/27/2013 Century Business Park- Rental One 2012-15 5/8/2012 Cox Fine Floors Addition 2003-12 6/24/2003 Medeiros 2010-04 3/23/2010 Oak Retail 2003-07 4/8/2003 WISD Bus Barn 2002-12 5/14/2002 Resolution No.2019-20(R)Recognizing the Designation of Places and Areas as Historically,Culturally,and/or Architecturally Important and Significant Page 4 2827987 SECTION 5: Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 6: This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27 day of August, 2019. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Resolution No.2019-20(R)Recognizing the Designation of Places and Areas as Historically,Culturally,and/or Architecturally Important and Significant Page 5 2827987 Wylie City Council oF 1 AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 6 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: August 22, 2019 Exhibits: Subject Hold a Public Hearing on the proposed tax rate of$0.688454 for fiscal year 2019-2020 and provide all interested persons an opportunity to be heard, either for or against the tax rate; set and announce the date, time and place of the meeting at which Council will vote on the final property tax rate. Recommendation Motion to set September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Road,Wylie, TX as the date,time and place at which Council will vote on the property tax rate. Discussion In accordance with the "Truth in Taxation" laws of the State of Texas, on August 13, 2019, the City Council voted to accept the calculation of the effective tax rate and the proposed tax rate for the 2019-2020 budget. Because the proposed tax rate is the effective rate, Council is not required to hold a public hearing on the tax rate. In the interest of transparency, a public hearing was scheduled for August 27, 2019 so that citizens may be heard. The proposed tax rate, the effective tax rate and last year's tax rate, as well as the date, time and location of the public hearing were published in the Dallas Morning News on August 20 and in the Wylie News on August 21. The proposed 2019-2020 budget is based on a tax rate of $0.688454 per $100 valuation. Any changes made to the Proposed Tax Rate or Proposed Budget will affect required publications and steps in the tax rate and budget approval process. All interested persons shall be given an opportunity to be heard, either for or against the proposed tax rate. At the end of the hearing, the City Council will schedule the date, time and place that the vote will be taken on the final tax rate. This meeting is currently scheduled for September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Road, Wylie, TX. Page 1 of 1 Wylie City Council oF 1 AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 7 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: August 22, 2019 Exhibits: Subject Hold a Public Hearing on the fiscal year 2019-2020 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the proposed budget; and set and announce the date, time and place of the meeting at which Council will vote on the final budget. Recommendation Motion to set September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Road,Wylie, TX as the date,time and place at which Council will vote on the final budget. Discussion A Public Hearing is required to be held on the fiscal year 2019-2020 Proposed Budget. The date, time and place that the vote will be taken on the final budget must also be scheduled. Any changes made to the proposed tax rate or Proposed Budget could affect required publications and steps in the tax rate and budget approval process. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing, the City Council will schedule the date, time and place that the vote will be taken on the final budget. This meeting is currently scheduled for September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Road,Wylie, TX. The Local Government Code requires the City to follow specific meeting and notice(publication)guidelines Page 1 of 1 Wylie City Council ie AGENDA REPORT Meeting Date: August 27, 2019 Item Number: 8 Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 460-5460-58910 Date Prepared: August 16, 2019 Exhibits: Subject Consider and act upon the award of RFP #W2018-69-B for Construction Manager At Risk— Guaranteed Maximum Price Construction Agreement to Pogue Construction LLC, for the Renovation and Expansion of the City of Wylie Public Safety Building in the amount of $13,993,887.00 and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to award RFP #W2018-69-B for Construction Manager At Risk — Risk — Guaranteed Maximum Price Construction Agreement to Pogue Construction LLC, for the Renovation and Expansion of the City of Wylie Public Safety Building in the amount of $13,993,887.00 and authorizing the City Manager to execute any and all necessary documents Discussion Contracting and delivery procedures for construction projects are governed by Section 2269 of the Government Code. Staff reviewed the various methodologies within this code and determined that the Construction Manager At Risk (CMAR) methodology as outlined in Subchapter F to be the most advantageous to the City for the renovation and expansion of the City of Wylie Public Safety Building. CMAR is a delivery method by which the City contracts separately with a construction manager to serve as the general contractor. The CMAR provides pre-construction services to the architects and City during the design phase. Once the construction plans and materials are finalized, the CMAR obtains competitive bids for the project and the Guaranteed Maximum Price (GMP) for the project is agreed upon. By statue, the CMAR assumes the financial risk and is obligated to complete the project for the stated GMP. The City issued a sealed Request for Proposals (RFP) #W2018-69-B for a CMAR for the Renovation and Expansion of the City of Wylie Public Safety Building. Utilizing a one-step process, eight (8) proposals were received in which films submitted their qualifications, work history, staff resumes and project fees. The evaluation team completed their review and City Council awarded a Pre-Construction Services agreement on 8/28/2018 to Pogue Construction LLC. With the finalization of the design and material selections, Pogue Construction LLC has completed the bidding process. Submissions have been reviewed with the City for vendor quality and pricing, and the Guaranteed Maximum Price finalized. Based on the reviews, the Evaluation Team recommends the award of the Guaranteed Maximum Price Construction Agreement to Pogue Construction LLC in the amount of$13,993,887.00 as providing the most qualified firm and best overall value to the City. Page 1 of 1 ATTACHMENT #001 - GUARANTEED MAXIMUM PRICE Wylie Public Safety & Courts ,—, Al Foo roe, City of Wylie 8/13/2019 CONSTRUCT/ON GUARANTEED MAXIMUM PRICE WERED S,t, PEOPLE DESCRIPTION GMP COST/SF % GENERAL REQUIREMENTS ss 01A GENERAL CONDITIONS $341,024 $6.62 2.43% 01C PROJECT REQUIREMENTS $174,162 $3.38 1.24% EXISTING CONDITIONS \• \ 02A DEMOLITION $117,870 $2.29 0.84% ° \\\\\yam CONCRETE y 03A CONCRETE $1,046,232 $20.30 7.46% MASONRY ,,..... 04A MASONRY $577,627 $11.21 4.12% METALS 05A METALS $403,297 $7.82 2.88% WOOD:&PLASTICS 06D FINISH CARPENTRY $270,471 $5.25 1.93% THERMAL/MOISTURE PROTECTION.:::: .. , 07A WATERPROOFING/AIR BARRIERS/CAULKING $113,841 $2.21 0.81% 07C ROOFING &SHEET METAL $643,282 $12.48 4.59% 07D METAL WALL PANELS $215,319 $4.18 1.54% 07F EXPANSION CONTROL $18,307 $0.36 0.13% PENIN S„,..08A DOORS,FRAMES& HARDWARE $534,523 $10.37 3.81% 08C COILING/OVERHEAD DOORS & GRILLES $24,880 $0.48 0.18% 08E GLASS & GLAZING $685,787 $13.30 4.89% FINISHES . .... 09A PLASTER/STUCCO $206,696 $4.01 1.47% 09B DRYWALL/ACOUSTICAL $869,125 $16.86 6.20% 09C TILING $298,539 $5.79 2.13% 09D CARPET/VCT/BASE $139,765 $2.71 1.00% 09E ATHLETIC FLOORING $6,713 $0.13 0.05% 091 FLUID APPLIED FLOORING $40,126 $0.78 0.29% 09J ACCESS FLOORING $32,935 $0.64 0.23% 09K PAINTING &WALL COVERINGS $189,067 $3.67 1.35% I '°. SPEC A LTIES Wylie Public Safety & Courts City of Wylie 8/13/2019 CONSTRUCT/ON GUARANTEED MAXIMUM PRICE WERED B,t, PEOPLE DESCRIPTION GMP COST/SF % 10B VISUAL DISPLAY UNITS $1,108 $0.02 0.01% 10C SIGNAGE $53,054 $1.03 0.38% 10D TOILET ACCESSORIES&COMPARTMENTS $34,159 $0.66 0.24% 10E WALL & DOOR PROTECTION $23,704 $0.46 0.17% 1OF FIRE PROTECTION SPECIALTIES $8,466 $0.16 0.06% 10G LOCKERS & METAL STORAGE SHELVING $176,907 $3.43 1.26% 10J AWNINGS/CANOPIES $35,562 $0.69 0.25% 10L FLAGPOLES $12,845 $0.25 0.09% EQUIPMENT 11C RESIDENTIAL APPLIANCES $0 $0.00 0.00% 11 D FOOD SERVICE EQUIPMENT $0 $0.00 0.00% 11 E PROJECTION SCREENS/PROJECTORS $0 $0.00 0.00% 11F LABORATORY EQUIPMENT $4,760 $0.09 0.03% 11M MISC. EQUIPMENT $13,092 $0.25 0.09% FURNISHINGS 12B WINDOW TREATMENTS $12,715 $0.25 0.09% 12G FIXED AUDIENCE SEATING $0 $0.00 0.00% 12J SITE FURNISHINGS $0 $0.00 0.00% FIRE SUPPRESSION 21A FIRE SUPPRESSION $164,878 $3.20 1.18% PLUMBING 22A PLUMBING $549,984 $10.67 3.92% 1-18/AC 23A HVAC $934,190 $18.12 6.66% ELECTRICAL •\ 26A ELECTRICAL $1,433,947 $27.82 10.22% COMMUNICATIONS .o` \\ 27A VOICE & DATA • $224,554 $4.36 1.60% 27B AUDIO VIDEO $192,265 $3.73 1.37% 27C RECORDING SYSTEMS $55,329 $1.07 0.39% ELECTRONIC SAFETY&SECURITY 28A FIRE ALARM $62,241 $1.21 0.44% 28B SECURITY SYSTEM /ACCESS CONTROL $676,586 $13.13 4.82% Wylie Public Safety & Courts City of Wylie 8/13/2019 CONSTRUCT/ON GUARANTEED MAXIMUM PRICE WERED B,t, PEOPLE DESCRIPTION GMP COST/SF % 28C INTERCOM SYSTEM $149,136 $2.89 1.06% EARTHWORK 31A EARTHWORK $253,991 $4.93 1.81% 31B TERMITE CONTROL $1,126 $0.02 0.01% 31C SWPPP $23,094 $0.45 0.16% EXTERIOR.IMPIb ENT 32C PAVEMENT MARKINGS/SPECIALTIES $8,331 $0.16 0.06% 32G FENCES &GATES $97,215 $1.89 0.69% 321 PLANTING, IRRIGATION, TURFS & GRASSES $353,938 $6.87 2.52% UTILITIES 33A SITE UTILITIES $251,186 $4.87 1.79% COST OF WORK SUBTOTAL $12,757,951 90.96% CONTINGENCIES ...:: 35A OWNER/DESIGN CONTINGENCY $255,159 $4.95 1.82% 35B C/M CONTINGENCY $255,159 $4.95 1.82% SUBTOTAL $13,268,269 94.60% BUILDING PERMIT $0 $0.00 0.00% PRECONSTRUCTION FEES $30,000 $0.58 0.21% SUB DEFAULT INS $232,195 $4.50 1.66% POGUE P&P BOND $109,138 $2.12 0.78% POGUE INSURANCES $35,824 $0.69 0.26% FINANCIALS SUBTOTAL $407,157 2.90% SUBTOTAL $13,675,426 $265 97.50% CONST MGR FEE @ 2.5% $350,652 $6.80 2.50% TOTAL $14,026,078 $272 100.00% Wylie Public Safety &Courts City of Wylie 8/13/2019 ALTERNATES&VALUE MANAGEMENT ACCEPTED DESCRIPTION GMP ACCEPTED DECLINED VALUE PROJECT SUBTOTAL $14,026,078 $14,026,078 ALTERNATES 1 PARKING AWNING @ FOUR(4) REAR PARKING SPOTS $50,863 X $50,863 2 REPLACE PERIMETER SECURITY FENCE (METAL PANEL) $123,556 X $123,556 3 REPLACE PERIMETER SECURITY FENCE (MASONRY) $382,662 X 4 QUARTZ COUNTERTOPS IN LIEU OF P-LAM $42,512 X $42,512 5 SOLID SURFACE COUNTERTOPS IN LIEU OF P-LAM $32,695 X VALUE MANAGEMENT 1 Stucco in lieu of Aluminum Composite Panels -$197,503 X -$197,503 2 Alternate Light Fixture Package -$32,158 X -$32,158 3 Aluminum Feeders in lieu of Copper -$19,461 X -$19,461 PROJECT TOTAL \".::.:. Fund 460-PSB 8/27/2019 Revenue Court Tech and Security $ 50,000.00 2017 Transfer from GF $ 944,000.00 2018 Transfer from GF $ 2,795,553.00 2018 Transfer from GF $ 1,000,000.00 Insurance $ 730,308.00 Millennium Tile Ins. $ 535,500.00 2008 CO Bal.transfer $ 463,453.92 Interest $ 109,546.68 Bond Premium $ 106,250.00 Bond Proceeds $ 8,500,000.00 FY'19/'20 Fund Balance $ 1,200,000.00 (1) TOTAL k 4" ,, t, Expenses to date Bond Issue Cost $ (89,499.21) ADG Paid to date $ (1,069,224.04) Site Survey $ (11,250.00) Final Plat $ (6,000.00) TOTAL $ (1,175,973.25) Future Expenses ADG $ (377,698.08) FFE $ (887,000.00) Pogue GMP $ (13,993,888.00) (2) TOTAL $ (15,258,586.08) TOTAL EXPENSES ;(16A34,55933) (1) Recommended use of fund balance. (2)GMP Includes Owner and Contractor Contigency of$500,000.