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05-12-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL Agenda Tuesday, May 12 1998 7:00 p.m. Wylie Municipal Complex-Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Call to Order Invocation Pledge of Allegiance Consider and Act Upon a Resolution Declaring the Results of the Canvass of the General Election of May 2, 1998. Consider and Act Upon a Resolution Declaring the Results of the Canvass of the Special Election of May 2, 1998. Administer Oath of Office and Statement of Elected Officials Election of Mayor Pro Tern Consent Agenda 1. Consider and Act Upon Approval of the Minutes of the April 28, 1998 Regular Meeting and May 5, 1998 Canvass of Election Returns. 2. Consider and Act Upon Approval of an Ordinance Regulating Construction Debris 3 Consider and Act Upon Approval of an Ordinance Regulating Erosion and/or Siltation. 4. Consider and Act Upon the Final Acceptance of the Construction of a New 20" Water Transmission Main and Related Utility Improvements Along FM544, and the Installation of a New Gravity Sewer System for the McCord's Little Six Subdivision, and Authorizing Final Payment to Four D Construction, Inc. in the Amount of$33,231.62 and Accept the Project as Complete. 5. Consider and Act Upon the Final Acceptance of the Construction of the New Muddy Creek Interceptor Sewer-Phase I, and Authorize Final Payment to Four D Construction, Inc., in the Amount of$43,498.59 and Accept the Project as Complete. City Council Agenda Page 1 Consent Agenda-continued 6. Consider and Act Upon a Final Plat for Phase I of Southplace Estates, Proposed by Ballpen Venture II, L.P., Generally Located Along the East Side of South Ballard Street Directly Across From Stoney Brook Drive and being all of a 13.995 Acre Tract Out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Public Hearings 7. Consider and Act Upon a Request to Rezone 45.3768 Acres from R(Retail), B-1 (Business), and MF (Multifamily) to PD (Planned Development) for Single Family Residential Uses, Amending the Comprehensive Zoning Ordinance No 85-23A. The Tract is Situated in the Moses Sparks Survey, Abstract 849, Collin County, Texas and Generally Located Along the East Side of McCreary Road just South of Southfork Mobile Home Park. ZC No 98-02. 8. Consider and Act Upon a Request to Rezone 1.502 Acres from A(Agricultural) to R(Retail), Amending the Comprehensive Zoning Ordinance No 85-23A. The Tract is Situated in the Allen Atterberry Survey, Abstract No 23, City of Wylie, Collin County, Texas, and Generally Located Along the East Side of South Ballard just North of Alanis. ZC No 98-04 Action Agenda 9. Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Lakeside Estates, Amending the Comprehensive Zoning Ordinance No 85-23A. The Tract is Situated in the Moses Sparks Survey, Abstract No 849, Collin County, Texas and Generally Located Along the East Side of McCreary Road just South of Southfork Mobile Home Park. 10. Consider and Act Upon a Preliminary Plat for the Wylie Fire Station No. 1. The Tract is Situated in the Allen Atterberry Survey, Abstract No 23, City of Wylie, Collin County, Texas Generally Located Along the East Side of South Ballard just North of Alanis. 11. Consider and Act Upon a Preliminary Plat for the Wylie Fire Station No. 2. The Tract is situated in the G.W. Gunnel Survey, Abstract No 351, City of Wylie, Collin Count, Texas and Generally Located Along the West Side of FM1378 just North of Brown Street. 12. Consider and Act Upon Appointing a Board of Director to the North Texas Municipal Water District Board. 13. Consider and Act Upon Approval of a Request from Mr. Ron Evans for a Waiver of the Tournament Fees for a Tournament to Benefit Britney Tice. City Council Agenda Page 2 14. Consider and Act Upon Authorizing the Chief of Police to Make Application to the United States Department of Justice, Office of Community Oriented Policing Services for the Approval of Grants Under the COPS - Universal Hiring Program and the School Based Partnership Program to Facilitate the Hiring of Additional Police Officers for the City of Wylie. Staff Reports Citizen Participation Worksession Presentation of Downtown Traffic Study by Transportation Strategies, Incorporated. Executive Session Hold Executive Session Under Chapter 551., Subchapter 551.074, Personnel Matters, City Manager and his Contract with the City of Wylie. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment Posted on this the 1st day of May, 1998 at 5:00 p.m as required by law in accordance to Section 551.042 of the Texas Government Code. The Wylie Municipal Complei 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 972t442-8100 or TDD 972/442-8170. City Council Agenda Page 3 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 2, 1998; GENERAL ELECTION FOR THE PURPOSE OF ELECTING A MAYOR,AND THREE MEMBERS OF THE WYLIE CITY COUNCIL, PLACES 2, 4,AND 6, FOR A TERM OF TWO YEARS. WHEREAS, The Wylie City Council of the City of Wylie, Texas (City) held a General Election on May 2, 1998 for the purpose of electing the Mayor and three members of the Wylie City Council for a term of two years; and WHEREAS, A Canvass of the General Election returns was conducted on May 5, 1998. WHEREAS, It was found that the persons herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: MAYOR John Mondy 570 Jerry Allen 437 COUNCIL PLACE 2 Kenna Johnson 432 Reta Allen 582 COUNCIL PLACE 4 Merrill Young 581 Roy Pritchard 412 COUNCIL PLACE 6 Chris Trout 555 Dean Galus 400 Resolution No Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. John Mondy is hereby declared to be elected Mayor of the City of Wylie, Texas. SECTION 2. Reta Allen is hereby declared to be elected Council Member Place 2. SECTION 3. Merrill Young is hereby declared to be elected Council Member Place 4. SECTION 4. Chris Trout is hereby declared to be elected Council Member Place 6. SECTION 6. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 5, 1998, that a combined Election Day and Early Vote total of 1,042 votes were cast in the General Election, with 275 early voters, as indicated by the poll list for the General Election held on May 2, 1998. SECTION 7. It is hereby declared that the City of Wylie approves and accepts the results of the General Election for Mayor, Council Place 2, 4, and 6 as set forth in the Order attached hereto as Exhibit A, as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 8. This Resolution will become effective after its passage by the Wylie City Council. PASSED AND APPROVED BY THE WYLIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of May, 1998. Jim Swartz, Mayor ATTEST: Barbara A Salinas, City Secretary EXHIBIT A ORDER of ADOPTION The Wylie City Council of the City of Wylie, Texas (City) held a General Election on May 2, 1998 for the purpose of electing the Mayor and three members of the Wylie City Council for a term of two years. A Canvass of the General Election returns was conducted on May 5, 1998 with proper notice posted as required by Section 551.042 of the Texas Government Code. It was found that the persons herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: MAYOR COUNCIL PLACE 2 John Mondy 570 Kenna Johnson 432 Jerry Allen 437 Reta Allen 582 COUNCIL PLACE 4 COUNCIL PLACE 6 Merrill Young 581 Chris Trout 555 Roy Pritchard 412 Dean Galus 400 It is hereby ordered and declared by the City of Wylie City Council by passage and approval of Resolution No. that, John Mondy is declared to be elected Mayor of the City of Wylie, Texas;Reta Allen is declared to be elected Council Member Place 2; Merrill Young is declared to be elected Council Member Place 4 and Chris Trout is declared to be elected Council Member Place 6. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 5, 1998, that a combined Election Day and Early Vote total of 1,042 City votes were cast in the General Election, with 275 early voters, as indicated by the poll list for the General Election held on May 2, 1998. Acceptance will become effective after passage of Resolution No. by the Wylie City Council. Executed this 12th day of May, 1998 Mayor, City of Wylie Attest: City Secretary, City of Wylie RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE SPECIAL ELECTION HELD ON MAY 2, 1998; SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF WYLIE, TEXAS, CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER. WHEREAS, The Wylie City Council of the City of Wylie, Texas (City) held a Special Election on May 2, 1998 for the purpose of submitting to the qualified voters of the city of Wylie, Texas, certain proposed amendments to the existing city charter. WHEREAS, A Canvass of the Special Election returns was conducted on May 5, 1998 in accordance with the Election Code, and WHEREAS, It was found that the propositions herein numbered 1 through 18, received the following 'yes' and 'no' votes, to the existing Wylie City Charter: Proposition 1. Yes 494 No 482 Proposition 2. Yes 700 No 248 Proposition 3. Yes 900 No 67 Proposition 4. Yes 851 No 100 Proposition 5. Yes 732 No 208 Proposition 6. Yes 758 No 184 Resolution No. Page 2 Proposition 7. Yes 766 No 163 Proposition 8. Yes 752 No 168 Proposition 9. Yes 865 No 69 Proposition 10. Yes 564 No 360 Proposition 11. Yes 682 No 222 Proposition 12. Yes 782 No 147 Proposition 13. Yes 862 No 76 Proposition 14. Yes 740 No 145 Proposition 15. Yes 843 No 76 Proposition 16. Yes 809 No 130 Proposition 17. Yes 866 No 66 Resolution No. Page 3 Proposition 18. Yes 880 No 66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 5. Propositions 1-18 were all approved with a majority vote of the qualified voters of the City of Wylie. SECTION 6. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 5, 1998, that a combined Election Day and Early Vote total of 1,042 votes were cast in the General Election, with 275 early voters, as indicated by the poll list for the General Election held on May 2, 1998. SECTION 7. It is hereby declared that the City of Wylie approves and accepts the amendments to the Wylie City Charter as set forth in the Order attached hereto, as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 8. This Resolution will become effective after its passage by the Wylie City Council. PASSED AND APPROVED BY THE WYLIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of May, 1998. John Mondy, Mayor ATTEST: Barbara A Salinas, City Secretary EXHIBIT A ORDER of ADOPTION The Wylie City Council of the City of Wylie, Texas(City) held a Special Election on May 2, 1998 for the purpose of submitting to the qualified voters of the city of Wylie, Texas, certain proposed amendments to the existing city charter. A Canvass of the Special Election returns was conducted on May 5, 1998 in accordance with Section 67.002 of the Election Code, with proper notice posted as required by Section 551.042 of the Texas Government Code. It was found that the propositions herein numbered 1 through 18, received the following 'yes' and 'no' votes, to the existing Wylie City Charter: Proposition 1. Proposition 11. Yes 494 Yes 682 No 482 No 222 Proposition 2. Proposition 12. Yes 700 Yes 782 No 248 No 147 Proposition 3. Proposition 13. Yes 900 Yes 862 No 67 No 76 Proposition 4. Proposition 14. Yes 851 Yes 740 No 100 No 145 Proposition 5. Proposition 15. Yes 732 Yes 843 No 208 No 76 Proposition 6. Proposition 16. Yes 758 Yes 809 No 184 No 130 Proposition 7. Proposition 17. Yes 766 Yes 866 No 163 No 66 Proposition 8. Proposition 18. Yes 752 Yes 880 No 168 No 66 Proposition 10. Yes 564 No 360 EXHIBIT A It is hereby Ordered and Declared by the City of Wylie City Council by passage and approval of Resolution No that,Propositions 1-18 were all approved with a majority vote of the qualified voters of the City of Wylie. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 5, 1998, that a combined Election Day and Early Vote total of 1,042 City votes were cast in the General Election, with 275 early voters, as indicated by the poll list for the Special Election held on May 2, 1998. Acceptance will become effective after passage of Resolution No. by the Wylie City Council. Executed this 12th day of May, 1998. Mayor, City of Wylie Attest: City Secretary, City of Wylie WYLIE CITY COUNCIL May 12, 1998 Approval of the Minutes Approval of the Minutes from the April 28 1998 Council Meeting and May 5, 1998 Canvass of General and Special Election Returns. -Approval of the Minutes- Page 1 WYLIE CITY COUNCIL tVflt CONSENT AGENDA COMMUNICATION May 12, 1998 Issue Consider and Act Upon Approval of an Ordinance Regulating Construction Debris. Background The increase that has been experienced in the construction and development areas of the City has brought with it an increased need for regulation of debris generated by the construction process. The type of construction debris that this ordinance is intended to regulate is the type of debris that will pose a threat to the public health, safety, and comfort so that it constitutes a nuisance. The majority of the builders working in the City do a fair job of policing themselves, but as with everything, there are some that do not do such a thorough job. The implementation of a construction debris ordinance will give the City staff and inspectors a valuable tool in assisting the builders in being able to keep up with their debris problems. The purpose of the ordinance is to provide the builders with guidelines for dealing with their construction debris. It will also provide the staff and inspectors with the necessary tools to police contractors who may not be managing their construction debris properly. The ordinance will provide that if contractors are storing construction debris on site, usually awaiting removal by a trash hauler, that the debris be stored in an approved container. This container should be constructed so that the debris will not be blown from the site by the wind. Containers made of plywood, chain link fencing, cattle panels, temporary plastic fencing on t-posts, and the garage with a closed door all satisfy this requirement. Many of these types of containers are reusable and can be used on separate jobs to help keep down costs. The contractor also has the option of removing all debris from the construction site at the end of each work day. The ordinance will provide for actions which the inspector can take to enforce the ordinance. The inspector shall give written notice if debris of the nature regulated is present. The contractor will have twenty-four (24) hours to clean up the site. A Stop Work Order will be issued if the debris is not properly contained or removed at the end of the twenty-four (24) hours. Consent Agenda Ordinance- Construction Debris Page I Board Recommendations N/A Financial Considerations N/A Other Considerations The City Council is allowed by state law to adopt ordinances that provide for the public health, safety, and general welfare of the City. Staff Recommendations Staff held a meeting with builders in the area and discussed many development issues with the nine (9) attendees. They expressed no concerns over this type of regulation since they are accustomed to dealing with it in the other cities in which their companies build. Staff recommends adoption of the ordinance. Attachments Ordinance ._ Til ate, ()La Prepared by Rev. ed by Fin ce City Manager Approval Consent Agenda Ordinance- Construction Debris Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE CONTROL OF CONSTRUCTION DEBRIS; PROVIDING FOR A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas has investigated the problem of construction debris that poses a threat to public health, safety, and comfort so as to constitute a nuisance; and WHEREAS, the City Council of the City of Wylie, Texas upon full consideration of these matters has determined the desirability to provide regulations for the control of construction debris. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Whenever work is being done that is authorized by a permit, and construction debris from that work is not confined to a container or to a site on the property approved by the Building Official or his designee, and such construction debris poses a threat to public health, safety, and comfort so that it constitutes a nuisance, the Building Official or his designee shall give a written notice and the contractor shall clean up the construction debris within twenty-four (24) hours of receiving written notice of the violation. At the end of the twenty-four(24) hour period, the City shall re-inspect the site and may assess a re-inspection fee. If at the time of such re-inspection, the construction debris is not confined at the site, the City may issue a stop work order. When a stop work order has been issued, a re-inspection fee shall be assessed. To obtain a re-inspection for removal of the stop work order, a request must be submitted therefore and a re-inspection fee, as set by the fee schedule shall be paid. SECTION II Any person violating the provisions of this ordinance or part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City code as set forth in Section 1-9 (a)(1) thereof, as the same now exists or is hereafter amended. Ordinance No Page 2 SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal or unconstitutional. SECTION IV This ordinance shall be in full force and effect from May 12, 1998 after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of May, 1998. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL r/t CONSENT AGENDA COMMUNICATION May 12,1998 Issue Consider and Act Upon Approval of an Ordinance Regulating Erosion and/or Siltation. Background The increase of development and construction within the City of Wylie brings with it the potential for an increase of erosion and/or siltation of silt, earth, topsoil, etc. from any private property into the City streets or alleys, drainage easements, or facilities, storm drains, or property owned by any other party. The only ordinance the City of Wylie currently has in the Code of Ordinances prohibits the storage of materials and debris in the streets unless its protected by barricade, lights, and signs. There are no current federal regulations requiring the City of Wylie to reduce erosion and/or siltation or the treating of any storm water drainage. Many larger cities in the Metroplex are under such regulations based on their population (over 100,000 population), location on tributaries, and size. However, the Environmental Protection Agency (EPA) is currently reevaluating its storm water regulations. The North Texas Council of Governments believes that smaller cities (under 100,000 population) may be required, by the new regulations, to control storm water runoff and regulate drainage. The adoption of this ordinance would bring the City of Wylie in line with the ordinances of other cities that have requirements placed on them by the EPA. The City of Wylie would have in place an ordinance that will meet the requirements of future classifications. It will also allow the City of Wylie staff and inspectors to more effectively deal with dirt in the streets and alleys, which is important when viewed from safety and aesthetic perspectives. Construction plans for the development of land already have details which must be followed in the construction of the subdivisions in order to prevent and control erosion. After the subdivision is completed and building commences, the inspectors can include erosion and/or siltation as a correction item of the inspection, or as a separate issue any time it may occur. A Stop Work order could be issued until the problem has been corrected. Board Recommendations N/A Consent Agenda Ordinance-Erosion Control Page 1 Financial Considerations N/A Other Considerations The City Council is allowed by state law to adopt ordinances that provide for the public health, safety and general welfare of the City. Staff Recommendations Staff held a meeting with builders in the area and discussed many development issues with the nine (9) attendees. They expressed no concerns over this type of regulation since they are accustomed to dealing with it in the other cities in which their companies build. Staff recommends adoption of the ordinance. Attachments Ordinance inkk Prepared by eviewed by F ance City Manager Approval Consent Agenda Ordinance-Erosion Control Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE CONTROL OF EROSION AND/OR SILTATION; PROVIDING FOR A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas has investigated the problem of erosion siltation onto city streets or alleys, drainage easements, storm drains and others properties; and WHEREAS, the City Council of the City of Wylie, Texas upon full consideration of these matters has determined the desirability to provide regulations for the control of erosion & siltation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Owner Responsibility. It is the responsibility of each property owner within the municipal limits of the City of Wylie, Texas to take appropriate measures to control the erosion and siltation of soil materials from the owner's property. The owner shall not allow water runoff to transport silt, earth, topsoil, etc. from the owner's property to others properties or on to city streets or alleys, drainage easements, drainage facilities or storm drains. The property owner shall be responsible for damages to others created by the actions of builders, contractors, developers and others performing construction or other activities on the owner's property which create conditions that cause or aggravate erosion. SECTION II Contractor Responsibility. Plans and specifications prepared for construction of improvements shall address suggested erosion/siltation control measures and techniques to assist the contractor in implementing a suitable program to control erosion. The City of Wylie, Texas shall not be required to approve and may, in the City's discretion, deny approval of plans and specifications based upon the City's opinion as to the suitability of erosion measures submitted. The contractor shall take whatever measures are necessary to control and limit the transport of silt, earth, topsoil, etc. from the site of construction, including, but not limited to, the erosion/siltation control measures and techniques provided on the plans and specifications. The contractor shall, upon completion of his/her work, leave the owner's property in a stabilized condition that minimizes the transportation of the owner's silt, earth, topsoil, etc. Resolution No Page 2 SECTION III City Approval. The City of Wylie, Texas, through its building officials, city engineers, and inspectors, shall not be required to issue approvals or permits, including plats, drainage studies, plans and specifications, building permits, interim inspections, acceptance of maintenance of completed construction of public streets or storm drainage facilities, or certificates of occupancy if, at the time the approval or permit is sought, the owner, developer and/or contractor does not have in place adequate erosion/siltation control measures, or conditions on subject property are not in a stabilized condition and are a major contributing cause of sedimentation and siltation which is occurring or has occurred outside the limits of the owner's property. SECTION IV Any person violating the provisions of this ordinance or part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City code as set forth in Section 1-9 (a)(1) thereof, as the same now exists or is hereafter amended. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal or unconstitutional. SECTION VI This ordinance shall be in full force and effect from May 12, 1998 after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VIII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. Resolution No Page 3 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 12th day of May, 1998. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATIONtrif May 12,1998 Issue Consider and Act upon the final acceptance of the construction of a new 20" Water Transmission Main and related utility Improvements along FM 544, and the installation of a new gravity sewer system for the McCord's Little Six Subdivision, and authorize final payment to Four D Construction, Inc. in the amount of $33,231.62 and accept the project as complete. Background Four D Construction, Inc. was awarded the contract for the construction of a new 20" Water Transmission Main and related utility Improvements along FM 544 on August 28, 1997. This project is the final leg of the water tower system. The new water line lies between FM 1378 and the new water tower. This project completed the final section of the 20" water transmission main from the Nortex high service pumps and ground storage tank to the new elevated storage tank in Steel Industrial Park. The Nortex high service pumps and ground storage facility is the City's main supply point from North Texas Municipal Water District, and the new elevated tank is the City's main elevated storage facility. It connects the west half of the City's water distribution system with the east half, and along with the recently completed McMillen water main project, completed the looping of the two systems. This project also included the installation of a new gravity sewer system for the McCord's Little Six Subdivision located on the north side of FM 544 (for the addresses 2819, 2817, 2815, 2813, 2811, 2809, 2807, 2805, 2803, and 2801 FM 544). This included a bore under FM 544, and an 8-inch sewer main with manholes and related appurtenances to serve all of the lots in McCord's Little Six Subdivision. It did not include service connections for each lot. This project was not part of the 1995 Bond Program, however, since it was adjacent to the larger Bond Project, it was included in an effort to achieve an economy of scale in the price of construction. Construction began on October 20, 1997 and was substantially complete within the allotted contract time. A final walk through was performed by the City Staff, the Engineer and the Contractor on April 27, 1998. All work performed was in compliance with the plans and specifications and is acceptable to City Staff and the Engineer. All items noted as deficient have been corrected and the job is ready for final acceptance. Consent Agenda 20" Water Transmission Main Page I Board Recommendations N/A Financial Considerations The premier project included in the 1995 Water and Sewer Bond Program Phase 1 was the new water tower and its associated water transmission mains. This project consisted of the water tower and three separately bid sections of water transmission mains. The final payment being considered on this agenda is the completion of the final leg of the water tower system. This contract also included the construction of a sewer main in the McCords Little Six (MLS) subdivision for a total cost of $64,750. The water tower system (WTS) was financed through two sources, $1,905,000 in bond funds and $103,365 from Impact Fees. The Impact Fees were used to pay for water tower design ($55,999) and the purchase of the tower site ($47,366) prior to the sale of the 1995 bonds. The MLS subdivision sewer project is partially funded be the return of$14,463 from the canceled wastewater study project. The city fees to hook onto the sewer line will be a $100 Hook On fee and a Tap fee of $500 for a total charge of $600. These fees will generate $6,000 towards the construction of this new sewer line. The total available funding for the WTS and MLS projects is 2,028,828. The total estimated cost for the completed projects and the final payment on this agenda item will be $1,997,080, leaving a net of $31,748 that can be used for other water or sewer projects. The original contract amount for this agenda item was $358,374. Change Order No. 1, in the amount of $21,755 was approved by Council at the March 10, 1998 City Council meeting. This brought the actual final contract amount to $380,129. The MLS subdivision owners will be responsible for bringing their sewer lines to the city connection point in addition to the above city fees. The city will require that the owners hook up their lines within one year. The city will also specify how the existing septic tanks will be taken out of service and closed. Utility Billing will make available a six month plan to pay for the hook and tap fees at the owners request. Other Considerations Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Consent Agenda 20" Water Transmission Main Page 2 Staff Recommendations Staff recommends final acceptance of the project and issuing final payment to Four D Construction, Inc. in the amount of$33,231.62. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety kuk Prepared MP ev. ed by Fin ce City Manager Approval Consent Agenda 20" Water Transmission Main Page 3 05/01/98 09:44 FAX 972 490 7163 THE HOGAN CORPORATION 4 WYLIE-PRICE Z 002 THE HOGAN CORPORATION Engineers • Planners • Consultants May 1, 1998 Mr- Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention: Lisa Price, Project Coordinator Re: New 20"and 16"Water Transmission Main along F.M. $44 and Related Utility Improvements THC# 002-20.50 Dear Mr. Collins: We are submitting herewith for your review four(4)copies of this Final Progress Estimate for the construction work completed by Four D Construction, Inc. for the period from February 19 through April 30, 1998,on the above referenced project. On April 27, 1998 a final„valkthrough was performed with representatives of Four D,the City of Wylie,and The FIogan Corporation present. The items included in this final pay request have been reviewed and found to conform with the work actually performed. This final pay request includes the 5"/o retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety" from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request anti acceptance of the project will initiate the one year warranty period. With your approval of this Final Progress Estimate,please execute all copies, retain two(2)copies for your files,return one(I)copy to this office,and send one(1)copy to Four D Construction, Inc., 10901 Stinson Dr.,Dallas,TX 75217, along with your remittance in the amount of $33,231.62, Yours very truly, THE HOGAN CORPORATION 5. 4,0c cr 7/e , . Gregory S. MacLean,P.G. Vice President Memb81�1��1!ing Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 . North Dallas Bank Tower ( Member,American Consulting Engineers Council Pallas,Texas 75230 TEL: 19721 392-4600 FAX:19721 490-7183 05/01/98 09:44 FAX 972 490 7163 THE HOGAN CORPORATION -i WYLIE-PRICE V]003 Application for Payment Final— GorPenodfrom. February 18,1998 Owner: Cary of Wylie To April 30,1998 Project Name New 20"do 16'Water 1 ransnn^ron-Main moat FM 544 Engineer. 002-20.50 Owners Project No. Contractor. Fours C0MaUCbpp.Inc Address. 10901 Sonsun Dr DuI las,TX 75211 CONTRACT AMOUNT CONTRACT TIME Part A —+ 6358,374.00 Conoi�ctMoe, September'4,1997 Amount of contact u Awarded Start Dew October 20,1997 Change Orders 150 uaI.day ill 121,755 00 Time Alloned Tim Extcnsloab. 0 c.d.days 112150 eel.days Revised Contract Tune: Blapced. 192.00 cal days pA Va Time Glapacd. 128.00 11 cal.days 5 Remaining: tt6 l utel C.hnngc Oidnmm, 121355,00 local Aeiu:ud Corlreer $380,129.00 ESTIMATE SUMMARY Amuwu Completed to Dale(See Attached). S379,593.07 Matchal on(land(Sea Attached) 99.86'h 1379,i93.07' I�On.CT TOTAL 7o DATE a0.00 Lc§a 0%u R4reinage: Less previous Payments- 5396.361,45 (1346,36 L 45) foul Deductions. $346,361.45 633,221 62 TOTAL AMOUNT D1 71'rly ES171vrATB ocemmendod: Approved: e , .. BY' j By / 9? !) Cate: Date. L. En9inaor j City of Wylie i Page 1 App for PnyNo Final-I•oto D Sttl9S CITY OF WYLI.E PAYMENT AUTHORIZATION REQUEST 5/1/98 Date Lisa Price From 5/15/98 Due Date / 12 Return Check to Department Vendor No. Pay To: Four D Construction, Inc. 10901 Stinson Drive Dallas, Texas 75217 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XXX) (XXX) (X)000() (X)000) Final Payment 5/1/98 612 901 .58.310 8504 $33,231.62 ............ ......... ....................... ............ ......... GRAND TOTAL Explanation: Construction work completed from2/19/98 - 4/30/98 on the new 20"and 16"water transmission main along FM 544 and related utility improvements. This final payment and acceptance was approved by Council at the May 12, 1998 Council Meeting. One year warranty begins from this date. Finance Dept. Department Head FROM : PHONE NO. : P02 .our aU conitrucfion, inG PAYMENT REQUEST OWNER: City of Wylie PROJECT NAME: New 20" & 16" Water Transmie lop Main Along FM 544 ENGINEER: The Hogan Corporation CONTRACTOR: Four b Construction, Inc. ESTIMATE NO.: 3 & Final FOR PERIOD ENDING: 5-6-98 - - - - WORK UNIT TOTAL AMOUNT DESCRIPTION•1 COMPLETE PRICE COMPLETE TO DATE 20" PVC, c-905, Water Line 3614 $ 36.50 $131 ,911.00 12" PVC, C-900, Water Line 100 29.00 2,900.00 16" PVC, C-905, Water Line 946 28.50 26,961 .00 30" Steel Casing-Open Cut 147 95.00 13,965.00 24" Steel Caning-Bore & Jack 70 305.00 21,350.00 24" Steel Casing--Open Cut 11) 71 .00 1 ,065.00 6" Blow Off Valve.. 1 1 ,960.00 1,960.00 2" Air Relief Valve 0 3,232.00 0.00 20" Butterfly Valve 4 3,000.00 12,000,00 12" Gate Valve 1 1 ,200.00 1 ,200.00 16" Gate Valve 2 3,160.00 6,320.00 8" Gate Valve • • 2 690.00 1,380.00 Salvage Ex. ?.H.Assembly & G.V. 0 600.00 0.00 Fire Hydrant Assembly 10 3,100.00 31 ,0:00.00 2000 psi Concrcte.Enci.semon't/Water 202 30.00 6,060.00 Relocate Ex. Water meter & Service 0 400.00 0.00 „l.emove & Repl. Ex. Gravel Drive 25 8.00 200.00 Sawcut Rem. & Repl. Contr. Drive 170 24.00 4,080.00 Sawcut Rem. & Repl. Asphalt -Drive 71 26.00 1 .846.00 Removal of Existing Waterline 0 5.00 0.00 8" PVC, SDR35 Sewer w/embedment 1727 25.00 43,175:00 4' Type 5 Manhole 7 1 ,690.00 11 ,830.00 16" Steel Casing - Bore & :Nark 70 265.00 18.50.00 16" Steel Casing - Open Cut 39 50.00 1 ,950.00 2000 psi Concr. Encasement for Sewer 40 40.00 1 ,600.00 Standard Cleanout 1 290.00 290.00 Remove Existing S.S. Manhole 1 300.00 300,00 Trench Safety System 6224 1 .00 6.224 .00 Seeding 9721 .07 1 .00 9,721 .07 Change Order No. 1 1 21 .755.00 21 ,755.00 Total Complete To Date : $379,593.07 Page 1 of 2 FROM : PHONE NO. : P03 42) .Dour c.0 Con3frucfion, inc Total Work Complete To Date _ $379,593.07 Materials Stored 0.00 Less 10% Retainage : 0.00 Less Previous Payments 346,361 .45 Amount Due This Period: 33,231 .62 BY: CONTRACTOR DATE: May 6, 1998 BY: FOR OWNER DATE: 10901 Stinson Dr. • Dallas. Texas 75217 - (214) 286-0094 FROM : PHONE NO. : P02 AFFIDAVIT OF FINAL PAYMENT STATE OF: Texas COUNTY OF: Dallas I HEREBY CERTIFY THAT ALL PAYROLLS, BILLS FOR MATERIALS AND EQUIPMENT, AND OTHER INDEBTEDNESS CONNECTED WITH TIE WORK FOR WHICH OWNER OR ITS PROPERTY MIGHT IN ANY WAY BE RESPONSIBLE, HAVE BEEN PAID IN FULL . SUBSCRIBED AND SWORN TO BEFORE ME THIS 501 DAY OF May 09 98 Four D Construction, Inc. . J MY COMMISSION EXPIRES: % S1- B _ at . ...1/4 -- NOTARY PUBL New 20" & 16" Water Tranamicsion Main NAME OF JOB: Along FM 544 & Related Utility Tvprovemc.nts CITY AND STATE: Wyite, Texas or * *rw �, CHARLOTTE M. LEGE Notary Poole.Slate of Texas Cl My Commission Wiles 7.08 99 FROM : PHONE NO. : P03 LICi 10, 1:‘21 Vt.1 I tip v� r • -- - -- .. LTNITJED .E.OIF'IC /INT Elt7RANCE CC INTX HOMF ni ► RA, PHILADELPHIA, PENNSYLVA►JIA TO: (Owner) The CLt y o>S Wyti.e 2000 Hwy 78 Non.th (LIyUe, Texan 75098 RE; Fouh, D Con.a.Vtuc.t.icn, Inc, Bond No. U276 59 07 New 20" and 16" Water T�rai�5s*Vt.Sa t.: t> bfat. i Aeopt3 FM 544 8 Re-fated Impturne.nt In accordance with the provisions of the Contract between the Owner and Contractor as indicated above, the UNITED PACIFIC INSURANCE COMPANY 4 Pena, Cer..tJt P.Ca_a , SURETY Ph�.ea. .ciph�.a, PA 19]0 3 on bond of (here insert name and address of Contractor) Touh fl Ccne.thutc.t.ion, Inc. 10901 S.tLn.eon D/t.ive , CONTRACTOR tia.Ua4, Te.xa.4 75217 hereby approves of the final payment to the Contractor, and agrees that final payment to the Con- tractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) The. City ob WyZi-e 2000 Hwy 78 No'h Tezaz 75098 , OWNER as set forth in the said Surety Company's bond. Dated this 6.th day of May , 19 98 • UNITE-O PACIFIC INSUFtANC OO14OA-NY B y• _ ' .._ Attorney.:n.C. att CDU-7J.O2 D/931Consent to Payment—Firal Estimate) WYLIE CITY COUNCIL rVit CONSENT AGENDA COMMUNICATION May 12, 1998 Issue Consider and Act upon the final acceptance of the construction of the new Muddy Creek Interceptor Sewer Phase I, and authorize final payment to Four D Construction, Inc. in the amount of$43,498.59 and accept the project as complete. Background Four D Construction, Inc. was awarded the contract for the construction of the new Muddy Creek Interceptor Sewer-Phase I on 1/27/98. This project consisted of the installation of approximately 8,390 feet of gravity interceptor across the golf course portion of the new Woodbridge Development. The interceptor sewer has been plugged on the upper and lower ends and will not be placed in service until other upstream and downstream sections are completed. The schedule for the installation of these additional sections will be closely tied to the schedule of the new wastewater treatment plant construction (located along the Muddy Creek drainage basin). City Council was presented with preliminary cost estimates during a work session held in November 1997. The information was presented to demonstrate that there would be a cost difference between the construction of the sewer interceptor line before and after the golf course is completed. The Woodbridge Golf Course is currently under construction, with completion expected in the fall of 1998. Based on information that indicated a substantial cost difference, the City Council authorized Staff to proceed with additional planning and design work necessary to competitively bid the project. Construction began on February 26, 1998 and was substantially complete within the allotted contract time. A final walk through was performed by the City Staff, the Engineer and the Contractor on April 15, 1998. All work performed was in compliance with the plans and specifications and is acceptable to City Staff and the Engineer. All items noted as deficient have been corrected and the job is ready for final acceptance. Board Recommendations N/A Consent Agenda Muddy Creek Interceptor Sewer-Phase I Page 1 Financial Considerations This project was identified in the Impact Fee Study and Calculation which was adopted by City Council in 1997. The new Muddy Creek Interceptor Sewer-Phase I was funded through the use of impact fees. The original contract amount was $863,860.00. Change Order No. 1 , in the amount of $9,823.00, was approved by Mike Collins, City Manager on April 20, 1998. This brought the actual final contract amount to $873,683.00. Other Considerations Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Staff Recommendations Staff recommends final acceptance of the project and issuing final payment to Four D Construction, Inc. in the amount of$43,498.59. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety M UM ehelL44, Prepared Re i ed y Fin ce City Manager Approval Consent Agenda Muddy Creek Interceptor Sewer-Phase I Page 2 THE HOGAN CORPORATION Engineers • Planners • Consultants April 30, 1998 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Lisa Price, Project Coordinator RE: Muddy Creek Interceptor Sewer-Phase 1 THC# 002-41.20 Dear Mr. Collins: We are submitting herewith for your review four(4) copies of this Final Progress Estimate for the construction work completed by Four D Construction, Inc. for the period from April 14 through April 21, 1998, on the above referenced project. On April 15, 1998 a final walkthrough was performed with representatives of Four D, the City of Wylie, and The Hogan Corporation present. The items included in this final pay request have been reviewed and found to conform with the work actually performed. This final pay request includes the 5%retainage held on the revised contract amount. The Contractor has submitted a "Consent of Surety"from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. With your approval of this Final Progress Estimate, please execute all copies, retain two (2) copies for your files, return one (1) copy to this office, and send one(1) copy to Four D Construction, Inc., 10901 Stinson Dr., Dallas, TX 75217, along with your remittance in the amount of $43,498.59. Yours very truly, THE HOGAN CORPORATION /4 Greg' ,�S. MacLean, P.E. Vice President Enclosures Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 • I Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (972) 392-4600 FAX: (972) 490-7163 CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 4/30/98 Date Lisa Price From 5/15/98 Due Date Return Check to Department Vendor No. Pay To: Four D Construction, Inc. 10901 Stinson Drive Dallas, Texas 75217 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XXX) (XXX) pO(XX)N) ()0000 Final Payment 4/30/98 612 901 58410 9801 $43,498.59 GRAND TOTAL Explanation: Construction work completed from 4/14/98 - 4/21/98 on the Muddy Creek Interceptor Sewer project. This final payment and acceptance was approved by Council at the May 12, 1998 Meeting. One year warranty begins from this date. Finance Dept. Department Head Application for Payment Final — Owner. City of Wylie For Period From: April 14,1998 To: April 21,1998 Project Name: Muddy Creek Interceptor Sewer Phase I Owners Project No.: Engineers Project No.: 002-41.42 Contractor Four D Construction,Inc. Address: 10901 Stinson Dr. Dallas,TX 75217 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $863,860.00 Contract Date: February 26,1998 Change Orders: Start Date. February 26,1998 #1 $9,823.00 Time Allotted: 120 cal.days #2 Time Extensions: 0 cal.days #3 Revised Contract Time: 120 cal.days #4 Elapsed. 54.00 cal.days #5 %Time Elapsed: 45.00% #6 Remaining: 66 cal.days Total Change Orders $9,823.00 Total Adjusted Contract $873,683.00 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $869,971.80 Material on Hand(See Attached). • PROTECT TOTAL TO DATE: 99.58%u $869,971.80 Less 0% Retainage: $0.00 Less Previous Payments: $826,473.21 Total Deductions: $826,473.21 ($826,473.21) TOTAL AMOUNT DUE THIS ESTIMATE: $43,498.59 Recommended: Approved: By: By: r p, Date: Date: Engineer City of Wylie 4.'22/98 Page 1 App for Pay Final-Four D FROM : PHONE NO. : P02 42) our 2 Con3trudllon, Jena OWNER; City of Wylie - 2000 Hwy. 78, Wylie. :Ix. 75098 ENGINEER. The Hogan Corporution,Inc ._:,12900 Preston Rcl,.#610, Dallas%. T res ^_ CONTRACTOR: Pour D Construction, Inc.-10901 Stin.:nc1 Ur. � Dallas, Texas 75217 ,_ PROJECT: Muddy Creek Interceptor _ Phase I 't'HQ#002-41 ,20_ . _ _ __ _ _ PAY RE(ITEST NO: 3 & Final PERIOD F.NDTNG: Una 21,. 1998 _® Quantl y .elcripfio.t (�na .offal 1 . 3 AC Clasring $10,000.00 $13,000.00 5,626 LF 48" Sanitary Sewer 107.20 603,107.20 1,232 LF 36" Sanitary Sewer 66.00 81 ,312.00 1,520 LE 30" Sanitary Sewer 54.60 82,992,00 1 EA 48" Plug 940.00 940.00 1 EA 36" Plug 645.00 645.00 1 EA 30" Plug 550.00 550.00 1 HA 21" Plug 300.00 300.00 9 EA Type S Manhole 3,753,00 33,777,00 8 EA Type S Manhole w/Vents 3,950,00 31 ,600.00 145 LF Concrete Rncasemmnt 70.00 10,150,00 8,378 LF Trench Safety 0.20 1 ,675.60 1 EA Adjust Irrigation Main 100.00 100.00 1 LS Change Order No. 1. 9,823,00 9,823.00 Total Complete To Date: $869,971 .80 Less 0% Retainage : $0.00 I.atiti Pre-vto,is Payments. $826,473.21 Total Amount Due This Period : $43,498,59 • ate. ./„... p 0 gox 422 • Searle/ eras 75159 • AFFIDAVIT OF FINAL PAYMENT STATE OF: Texas COUNTY OF: Dallas I HEREBY CERTIFY THAT ALL PAYROLLS, BILLS FOR MATERIALS AND EQUIPMENT, AND OTHER INDEBTEDNESS CONNECTED WITH THE WORK FOR WHICH OWNER OR ITS PROPERTY MIGHT IN ANY WAY BE RESPONSIBLE, HAVE BEEN PAID IN FULL. SUBSCRIBED AND SWORN TO BEFORE ME THIS 22 DAY OF April ,19 98 Four D Construct ' .,� Inc. Y NAM MY COMMISSION EXPIRES: 74_9q BY: , �� NOTARY PUBLIC •4fPY PV•., ', ;;; f CHARLOTTE M. LEGE is' �►� o Notary pp ry Public,State of Texas NAME OF JOB: Muddy Creek Interceptor Sewer ',� ?' My Commission Expires 7-08-99 fl CITY AND STATE: Wylie, Texas UNITED PACIFIC INSURANCE COMPANY HOME OFFICE, PHILADELPHIA, PENNSYLVANIA TO: (Owner) The City ob Wyfi,e 2000 Hwy 78 Nanth Wy.P;i,e, Texa$ 75098 RE: Bond No. U281 00 71: Fount) Conztnuc-,ion, Inc. Pna ject: Muddy Cneefa In erLcep-ton Sewers - Phase I In accordance with the provisions of the Contract between the Owner and Contractor as indicated above, the UNITED PACIFIC INSURANCE COMPANY 4 Penn Cewten Plaza Ph eadelph,.a, PA 19103 , SURETY on bond of (here insert name and address of Contractor) Fours D Conz t ac ti..on, Inc. 10901 StLvi6on Ditive , CONTRACTOR VaUais, Texas 75217 hereby approves of the final payment to the Contractor, and agrees that final payment to the Con- tractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) The Ctity 06 W yV.e 2000 Hwy 78 Nonth Wy.i i.e, Texcus 75098 , OWNER as set forth in the said Surety Company's bond. Dated this 22nd day of ApJLL . , 19 98 UNITED PACIFIC INSURANCE COMPANY Attorney-in-Fact 30'n04 P. FLL.XOn BDU-2402 9/93(Consent to Payment—Final Estimate) WYLIE CITY COUNCIL tr/i. CONSENT AGENDA COMMUNICATION May 12, 1998 Issue: Consider and Act Upon a Final Plat(Approved for Construction)for Phase I of Southplace Estates, proposed by Balipen Venture II, L.P., generally located along the east side of South Ballard Street directly across from Stoney Brook Drive and being all of a 13.995 acre tract out of the Allen Atterberry Survey, Abstract No. 23, City of jWylie, Collin County, Texas. Background: The final plat under consideration is for Phase I of Southplace Estates. The applicant is platting 13.995 acres in order to develop the property with single family residential homes. The property is currently unplatted and zoned for SF-2 (Single Family Residential) uses. Financial Considerations: Impact fees for 46 lots in Phase I of Southplace Estates amount to $97,152.00 Other Considerations: • Staff has reviewed the proposed plat for Phase I of Southplace Estates and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • The minimum lot size permitted within the SF-2 district is 8,500 square feet. The applicant is platting the property into 46 lots with a minimum lot size of 8,540 square feet. • A Final Plat was approved and authorization of construction of the improvements for this property was obtained May 27, 1986. The Subdivision Regulations extend a maximum of two years from the time of approval before the approval expires; therefore, this subdivision's Final Plat and Construction plans had to be resubmitted for approval. Consent Agenda Final Plat-Southplace Estates-Phase I Page I Other Considerations -continued • The majority of the subdivision's improvements (streets, water, sewer, etc.) are substantially complete. The applicant is aware that due to the extended time which has elapsed since the water and sanitary sewer lines have been tested, it will be necessary to re-test both systems in their entirety in order to ensure their integrity. All testing will be done under the supervision of the City of Wylie. Additionally, a 50 foot section of road pavement on Brechenridge will have to removed and replaced because the concrete cylinder test results were substantially below the minimum 28 day compressive strength required. • An off-site sanitary sewer extension will have to be constructed in order to provide service to the development. The applicant has secured all necessary off- site easements. Commission Recommendation: At the April 6, 1998, Planning and Zoning Commission meeting, the Commission voted by 7-0 to favorably recommend this case. Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat r ' Prepared by Revi ed by Finan City Manager Approval Consent Agenda Final Plat-Southplace Estates-Phase I Page 2 Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date Name of Proposed Development --C)004Z1 �4 c l‘ Name of Property Owner/Developer ,64 l/ e 1,40 /e `7 L + P, Address q CO / V � ( frcie/es. ),-_.7Phone 2/ `/ - v 9;2-- Owner of Record / /ip<i Address Sc,ez-t. a S Phone S'c i-t ce s 6 '6,k Name of Land Planner A"- De IA El ()lee 4u4 Surveyor/Engineer Address Phone ?' ? 2 /�( q- Sc) 5 Total Acreage / 3c S Current Zoning f Number of Lots/Units �I Signed "1-g7 The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page 2 of 3 Page 2 of 3 Provided or Not Shown on Plat Applicable (7- 1. Title or name of development, written and graphic scale, 9 P north point, date of plat and key map. V byand 2. Location of the development City, County a State. �\ 3. Location of development tied to a USGS monument, Texas Highway monument or other approved benchmark. 4. Accurate boundary survey and property description with tract �j boundary lines indicated by heavy lines. 1� x, 5. If no engineering is provided, show contours of 5 foot / intervals. (� 6. Accurate plat dimensions with all engineering information g 9 necessary to reproduce plat on the ground. _ 7. Approved name and right-of-way width of each street, both within and adjacent to the development. 8. Locations, dimensions and purposes of any easements or other rights-of-way. v 9. Identification of each lot or site and block by letter r and number and building lines. (1/ 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved Concept Plans, reference recorded subdivision plats or adjoining platted land by volume and page. 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of the inhabitants of the development. 12. Certificate of dedication of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). Page 3 of 3 X13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). 14. Statement of developer responsibility for storm drainage improvements (see wording). (\/, 15. Instrument of dedication or adoption signed by the owner or owners (see wording). 16. Space for signatures attesting approval of the plat (see wording). 74— 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the preparation of the plat (see wording). 18. Compliance with all special requirements developed in preliminary plat review. �! 19. Statements indicating building permits will be issued until all public improvements are accepted by the City (see wording). 20. Submit along with plat a calculation sheet indicating the area of each lot. 21. Attach copy of any proposed deed restrictions for proposed subdivision. Taken by: (IJ File No.: Date: 3 b qg . • Fee: 2r'��' Receipt No.: / ` (Th Z� rt/.*t WYLIE CITY COUNCIL AGENDA COMMUNICATION i Public Hearing May 12, 1998 issue: Consider and act upon a request to Rezone 45.3768 acres from R (Retail), B-1 (Business), and MF (Multifamily) to PD (Planned Development) for'single family residential uses, Amending the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas and generally located along the east side of McCreary Road just south of Southfork Mobile Home Park. Requested by Pat Atkins. ZC 98-02. Background: The applicant is requesting rezoning on 45.3768 acres in order to develop the property with a master planned single family residential community. The property to the north is zoned MH (Mobile Home) and developed with a mobile home park. The property to the south is vacant and zoned A (Agricultural). The property to the east is vacant and zoned PD (Planned Development)for single family residential uses. The property to the southeast is vacant and zoned A (Agricultural) with an approved PD (Planned Development) concept plan for single family residential uses. The property to the west is not within the City of Wylie proper. Public Comment Forms were mailed to sixty-three (63) property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been received. Other Considerations: • The Comprehensive Plan recommends Single Family Residential uses for the property. The proposed land use is consistent with the Comprehensive Plan only in terms of the single family residential aspect. The minimum single family residential lot size permitted by zoning is 7,200 sq. ft. • Section 21 of the City of Wylie Comprehensive Zoning Ordinance No. 85-23A states that the PD (Planned Development) district is intended to provide for combining and mixing of uses allowed in various districts. The proposed PD does not incorporate a mixed use concept and, therefore, does not meet the intent of the district and ordinance. • The applicant is filing this PD in order to request several variances to the single family residential requirements. Specifically, the applicant is proposing a master planned single family residential community with approximately 149 lots. The minimum lot size being proposed is 6,000 sq. ft. Public Hearing Zoning Case 98-02 Page I Other Considerations-continued • Additional reductions to the single family residential area regulations being requested are as follows: 20 ft. 25 ft. inNERearMardEME 15 ft.for structure and 25 ft. principle 20 ft.for garage 10 ft. between structures an d 15 Not less than 6 ft. on each side ft.for sideyards adjacent 'ace t to a of the lot and 20 ft.for side yards 1 side street. adjacent to a side street. i tt um Lot DepthA 100 ft. and 90 ft.for cul-de-sac. 100 ft. ...................................................... ...................................................... ...................................................... ii imum l itt i k > 50 ft. 60 ft. ....................................................... ...................................................... ....................................................... 35 ft. or 2 1/2 stories 2 stories • Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must have two means of access or approach Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a median divided street or divided entry to satisfy this requirement. Riverway Lane was preliminary platted as the one point of divided approach for Phase II of Lakeside Estates (the 62 acre tract to the east). The applicant is proposing to utilize Riverway Lane as the one point of divided approach for both Phase II and Phase III. • Dr. Fuller(Wylie I.S.D. Superintendent) has indicated that he has informed the applicant that it would be advantageous to both the school and the city if an additional five (5) acres were offered to the City as a joint use concept or neighborhood park. • The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. • The applicant will be required to plat the property prior to the issuance of any building permits. • The applicant is aware that staff may be able to support a PD request incorporating a mixed use concept encompassing both 6,000 and 7,200 (SF-3) sq. ft. lots. Specifically, 6,000 sq. ft. lots may be appropriate within the northern portion of this property along the southern edge of the mobile home park to the north. Financial Considerations: Not Applicable Public Hearing Zoning Case 98-02 Page 2 Commission Recommendation: At the March 16, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this zoning case to April 6, 1998, so that staff could review the changes to the Conceptual Plan proposed by the applicant during the meeting. At the April 6, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this zoning case to April 20, 1998, per the applicant's request. The applicant indicated that he needed extra time in order to coordinate proposed changes with Wylie Independent School District (see enclosed letter). On April 13, 1998, the applicant submitted a new Conceptual Plan incorporating the development standards detailed above. Specific changes distinguishing this Conceptual Plan from the original submittal are as follows: 1. The applicant has proposed a ten (10) acre school site in the northwest corner of the property. Dr. Fuller (Wylie I.S.D. Superintendent) has verified that the applicant has made an offer to sell the ten (10) acre site to the school district. Dr. Fuller also indicated that the applicant's offer requires that the school district participate in the cost associated with providing public facilities and services to the property. 2. The original submittal proposed a 1.6 acre park to be dedicated to the City. The Conceptual Plan under consideration does not incorporate a park. 3. The applicant has increased the minimum dwelling size from 1,400 to 1,600 square feet. At the April 20, 1998, Planning and Zoning Commission meeting, the Commission voted by 6-1 to recommend denial. Section 35.5(2) of the City of Wylie Comprehensive Zoning Ordinance No. 85-23A states that when a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the City Council shall be required for approval. Staff Recommendation: Denial due to the fact that the proposed PD does not meet the intent of the PD district and ordinance. Specifically, Section 21 of the City of Wylie Comprehensive Zoning Ordinance No. 85-23A states that the PD (Planned Development) district is intended to provide for combining and mixing of uses allowed in various districts. The proposed PD does not incorporate a mixed use concept and, therefore, does not meet the intent of the district and ordinance. Staff is of the opinion that the applicant is filing this PD (Planned Development) in order to request a blanket variance to the Comprehensive Zoning Ordinance and create a new single family residential district. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Public Hearing Zoning Case 98-02 Page 3 Attachments: Proposed Land Data Public Comment Form Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Dr. Fuller's Letter Applicant's Letter Zoning Change Application Concept Plan /(1.84/-4--- rienlAk (A./;14/a Prepared by R sewed by Fi nce City Manager Approval Public Hearing Zoning Case 98-02 Page 4 LAKESIDE ESTATES WYLIE, TEXAS PROPOSED LAND USE DATA LOW DENSITY RESIDENTIAL PLANNED DEVELOPMENT LAKESIDE ESTATES RESIDENTIAL PROPOSED ZONING: ACRE ZONING NO. OF UNITS DENSITY S.F. 45.37 Single Family 200 4.41 I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 6,000 SF. 2. FRONT YARDS Minimum front yard building line 20' (Twenty Feet). 3. REAR YARDS There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with a minimum of 20' (Twenty Feet) for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). 5. MINIMUM LOT WIDTH There shall be a minimum lot width of 50' (Fifty Feet) measured at the front building line. 6. MINIMUM LOT DEPTH - - There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety Feet) at cul-de-sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. 8. HEIGHT REGULATIONS No building shall exceed 35' (Thirty-Five Feet) or two and one-half(2-1/2) stories in height. 9. MINIMUM DWELLING SIZE Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet). 10. LOT COVERAGE In no case shall more than 60% (Sixty Percent) of the total lot area be covered by the combined area of the main buildings and accessory buildings. 11. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75% (Seventy Five Percent) brick, tiles, cement, concrete, stone or similar materials. II. DEVELOPMENT STANDARDS: 1. Provisions for a divided entry off of McCreary Road to allow for additional access along with landscape identifying features for the Master Planned Subdivision. 2. Provisions for the Master Thoroughfare Plan for the Collector Systems. 3. Provisions for Master Homeowners Association and Deed Restrictions. 4. Paving design to adhere to the City of Wylie's standards allowing for 4" crowns. PUBLIC COMMENT FORM MAR 1 2 1"9,a (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie, Texas 75098 X I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-02. I am AGALNST the requested zoning as explained on the attached public notice for Zoning Case#98-02. Date,Location&Time of Planning&Zoning Commission meeting: Monday,March 16, 1993, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 14, 199S, 7:00.pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: William Y.arkarian (please print) Address: 254 Valeen Ln . S .M .H .Park ylie , Tex . 75098 Wylie Tax Account Number (if shown on enclosed map): Signature: .1/ i Date: COMMENTS: I have no objections to the zoning request . I just hope that , bet,;een the adjoining property owners , the security fence separating the two plots is properly repaired and made to look decent . 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AL I TIO- i INTERA N EN PARKER CHIU CH EN i CORP. 000_0040 i R-6849- i MAP i i OWNER PROPERTY NOTIFICATIONCASE #98-0002 ZONING NOTIFICATION REPORT APPLICANT: Pat Atkins, Tipton Engineering APPLICATION FILE # 98-0002 6630 Belt Line Garland, Tx 75043 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 252 252 Valeen Lane 1 SFMHP M-5030-000-252D-1 Robert J. Cooper Wylie, Texas 75098 253 253 Valeen Lane 2 SFMHP M-5030-000-253C-1 Trinidad Stadleberger Wylie, Texas 75098 254 254 Valeen Lane 3 SFMHP M-5030-000-2540-1 William Markarian Wylie, Texas 75098 746 746 Valeen Lane 4 SFMHP M-5030-000-746E-1 Steven T. Johnson Wylie, Texas 75098 745 745 Valeen Lane 5 SFMHP M-5030-000-745-1 Orlando Fonseca Wylie, Texas 75098 255 255 Valeen Lane 6 SFMHP M-5030-000-255E-1 Jeanette Nutt Wylie, Texas 75098 256 256 Valeen Lane 7 SFMHP M-5030-000-256E-1 Larry E. Williamson Wylie, Texas 75098 257 257 Valeen Lane 8 SFMHP M-5030-000-257C-1 James K. Nations Wylie, Texas 75098 258 258 Valeen Lane 9 SFMHP M-5030-000-258E-1 Raymond Brill Wylie, Texas 75098 259 259 Valeen Lane 10 SFMHP M-5030-000-259A-1 Steven Bogart Wylie, Texas 75098 260 260 Valeen Lane 11 SFMHP M-5030-000-260E-1 Mary Spurlin Wylie, Texas 75098 261 261 Valeen Lane 12 SFMHP M-5030-000-261 E-1 Timothy Birdwell Wylie, Texas 75098 262 262 Valeen Lane 13 SFMHP M-5030-000-262A-1 Rebecca L. Holt Wylie, Texas 75098 263 263 Valeen Lane 14 SFMHP M-5030-000-263B-1 Daniel McCarley Wylie, Texas 75098 264 264 Valeen Lane 15 SFMHP M-5030-000-264B-1 Sergio Fallad Wylie, Texas 75098 265 324 2nd Street W. 16 SFMHP M-5030-000-265B-1 John A. Rauch III Baird, Texas 79504-6216 266 266 Valeen Lane 17 SFMHP M-5030-000-266D-1 Don Hestand Wylie, Texas 75098 267 CMH Parks Inc. #402 P.O. Box 15169 18 SFMHP M-5030-000-267C-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 268 P.O. Box 1749 19 SFMHP M-5030-000-2680-1 Randy Hamlin Wylie, Texas 75098 269 269 Valeen Lane 20 SFMHP M-5030-000-2690-1 James Kane Wylie, Texas 75098 557 21 SFMHP No Listing 556 556 John Ross Lane 22 SFMHP M-5030-000-556D-1 John Profitt Wylie, Texas 75098 363 P.O. Box 861454 23 SFMHP M-5030-000-363A-1 Marie Sawyer Plano, Texas 75086-1454 362 362 Sue Ellen Lane 24 SFMHP M-5030-000-362A-1 John Tyson Wylie, Texas 75098 360 360 Bobby Avenue 25 SFMHP M-5030-000-360G-1 Henry Kaminski Wylie, Texas 75098 361 361 Bobby Avenue 26 SFMHP M-5030-000-361 D-1 Charlotte Tassan Wylie, Texas 75098 316 316 Bobby Avenue 27 SFMHP M-5030-000-316F-1 Glen Schrier Wylie, Texas 75098 315 315 Bobby Avenue 28 SFMHP M-5030-000-315D-1 Mark Malone Wylie, Texas 75098 313 29 SFMHP No Listing 314 4013 Windy Crest Drive 30 SFMHP M-5030-000-314A-1 Steven Williams Carrollton, Texas 75007-1513 271 CMH Parks Inc. #402 P.O. Box 15169 31 SFMHP M-5030-000-271 B-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 270 270 Jena Lane 32 SFMHP M-5030-000-270B-i Michael Neel Wylie, Texas 75098 559 33 SFMHP No Listing 558 558 Valeen Lane 34 SFMHP M-5030-000-558C-1 Joe L. Bergin, Jr. Wylie, Texas 75098 551 CMH Parks Inc. #402 P.O. Box 15169 35 SFMHP M-5030-000-551 B-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 552 552 John Ross Lane 36 SFMHP M-5030-000-5520-1 Leonard Dox Wylie, Texas 75098 553 553 John Ross Lane 37 SFMHP M-5030-000-5530-1 Lorraine Walter Wylie, Texas 75098 554 554 John Ross Lane 38 SFMHP M-5030-000-554E-1 Melody Turnbull Wylie, Texas 75098 555 555 John Ross Lane 39 SFMHP M-5030-000-555C-1 Glen Hodge Wylie, Texas 75098 513 513 Ellie Court 46 SFMHP M-5030-000-513E-1 John W. Sanders Wylie, Texas 75098 514 514 Ellie Court 45 SFMHP M-5030-000-514D-1 George Dawson Wylie, Texas 75098 515 515 Miss Ellie Court 44 SFMHP M-5030-000-515C-1 Archie Smith Wylie, Texas 75098 516 516 Ellie Court 43 SFMHP M-5030-000-516B-1 Alfonso Perez Wylie, Texas 75098 51 7 51 7 Ellie Court 42 SFMHP M-5030-000-517E-1 Virginia Huyer Wylie, Texas 75098 518 518 Miss Ellie Circle 40 SFMHP M-5030-000-518E-1 Terry Bahe Wylie, Texas 75098 519 CMH Parks Inc. #402 P.O. Box 15169 41 SFMHP M-5030-000-519C-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 505 505 Miss Ellie Circle 54 SFMHP M-5030-000-505B-1 Oscar Douglas Wylie, Texas 75098 506 CMH Parks Inc. #402 P.O. Box 15169 53 SFMHP M-5030-000-506B-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 507 507 Miss Ellie Circle 52 SFMHP M-5030-000-507B-1 Annie Dafft Wylie, Texas 75098 508 51 SFMHP No Listing 509 509 Miss Ellie Circle 50 SFMHP M-5030-000-509A-1 Mana Hudson Wylie, Texas 75098 510 510 Miss Ellie Circle 49 SFMHP M-5030-000-5100-1 Stephen D. Swinnea Wylie, Texas 75098 511 CMH Parks Inc. #402 I P.O. Box 15169 48 SFMHP M-5030-000-511 D-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 512 521 Miss Ellie Circle 47 SFMHP M-5030-000-512C-1 Phyllis Swentik Wylie, Texas 75098 709 709 Miss Ellie Circle 58 SFMHP M-5030-000-709E-1 Raymond Reynolds Wylie, Texas 75098 710 710 Miss Ellie Circle 57 SFMHP M-5030-000-710C-1 Brad Lundberg Wylie, Texas 75098 711 56 SFMHP No Listing 712 712 Miss Ellie Circle 55 SFMHP M-5030-000-712A-1 Tracey McNichol Wylie, Texas 75098 3500 Oak Lawn LB 14 56 Abst 849 Tract 2 M-6849-000-0020-1 The Texas Presbyterian Foundation Dallas, Texas 75219-4371 3500 Oak Lawn LB 14 57 Abst 849 Tract 3 M-6849-000-0030-1 The Texas Presbyterian Foundation Dallas, Texas 75219-4371 Parker International Corporation 2556 Morning Glory Drive 58 Abst 849 Tract 4 M-6849-000-0040-1 Chiu Chen Richardson, Texas 75082-2316 William E. Campbell, Jr. 16475 Dallas Parkway, #500 59 Abst 849 Tract 11 M-6849-000-01 10-1 Reservoir Limited Partnership Dallas, Texas 75248-2639 504 CMH Parks Inc. #402 P.O. Box 15169 60 SFMHP M-5030-000-504A-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 708 708 Miss Ellie Circle 61 SFMHP M-5030-000-708A-1 Nancy Gore Wylie, Texas 75098 713 62 SFMHP No Listing 520 520 Miss Ellie Circle 63 SFMHP M-5030-000-520E-1 Jeffrey Stoker Wylie, Texas 75098 Pat Atkins 6330 Broadway, Suite C 64 Tipton Engineering, Inc. Garland, Texas 75043 • 1 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-02 Applicant: Pat Atkins Location: Generally located along the east side of McCreary Road just south of Southfork Mobile Home Park Property Description: Tract 2 &3 of the Moses Sparks Survey, Abstract No. 849(See the attached Exhibit"A"for full legal description) Present Zoning: MF(Multifamily),R(Retail),and B-1 (Business) Requested Zoning: PD(Planned Development)for single family residential uses Proposed Master Planned Single Family Community. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie, Texas and the Official Zoning Map. The request will be considered as follows: City Council: Tuesday,May 12,1998,7:00 PM The public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. , • 98 - 02 FIELD NOTES EXHIBIT "A" a).fld 4 BEING all of that certain lot, tract or parcel of land situated in the City of Wylie 1Texas, out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the property conveyed to The Texas Presbyterian Foundation, a Texas non-profit corporation, by deed as recorded in Volume 2278 at Page 155 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian Foundation tract, said point being in the center of McCreary Road (100 foot right of way) and also being the Northwest corner of a 50 foot permanent roadway and utility easement conveyed to the City of Wylie, Texas as recorded in Volume 2245 at Page 29 of the Deed Records of Collin County, Texas; THENCE, N 89° 56' 39" E, and passing the Southwest corner of a tract of land conveyed to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at 55.03 feet and continuing along the Common line of said Clayton/Cambridge tract and The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet deed) to a 5/8" iron rod found for corner, said point also being the Northwest corner of a tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in Volume 872 at Page 153 of the Deed Records of Collin County, Texas; THENCE, S 02° 21' 37" W, along the common line of said Campbell tract and The Texas Presbyterian Foundation tract for a distance of 1499.60 feet (1502.41 feet deed ) to a 1/2" iron rod found for corner; THENCE, N 86° 13' 20" W, and continuing along the common line of said Campbell and The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe found for corner, said point being the Northeast corner of a tract of land conveyed to Parker International Corporation�by deed as recorded in County Clerk File No. 94- 0076703 of the Deed Records of Collin County, Texas; THENCE, N 89° 20' 39" W, and following the north line of said Parker International Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner, said point being in the center of the aforesaid McCreary Road (100 foot right-of-way); THENCE, N 01° 50' 33" E, along the center of said McCreary Road and the West line of The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet deed) to the PLACE OF BEGI\STING and containing 45.3768 acres of land more or less. REC'D FEB 111998 APR 2 7 1998 71)(1v WYLIE INDEPENDENT SCHOOL DISTRICT H.John Fuller,Ed.D.-Superintendent April 23, 1998 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 �y1r/C Dear M�` ins: Please be advised that as of 2:00 p.m. yesterday, the school district has negotiated a purchase price for 10 acres for an elementary school site on McCreary Road south of Southfork Mobile Home Park. I informed Mr. David Howell that it would be advantageous to both the school and the city if he would offer 5 acres to the City of Wylie. The school district plans to build the new elementary school on the McCreary Road site. As in the past, I appreciate the cooperation we have received from the city and look forward to a continued partnership as we embark on this new adventure. Sincerely, II. John Fuller, Ed.D. HJF/ssg P.O.Box 490 • Wylie,Texas 75098-0490 • (972)442-5444 • FAX(972)442-5368 FILE Nc . 55E, 03/ 1 '9: 1=:42 ID:TIPTON ENGNEERING 972 226 19,16 PAGE 2 ® TIPTON ENGINEERING, INC. ENGINEERING• SURVEYING• PLANNING 6330 Broadway Blvd. • Suite C • Garland, Texas 75043 • (972) 226-2967 • FAX (972)226.1946 4341 March 31, 1998 Mr. Tobin Maples Director of Planning CITY OF WYLIE 2000 Highway 78 North Wylie, TX 75098 RE: LAKESIDE ESTATES PHASE III WYLIE, TEXAS Dear Mr. Maples: As authorized agent for Paramount Land Development, we are hereby requesting our zoning case and development plan for the above referenced project scheduled for April 6, 1998,to be tabled and rescheduled for the April 20, 1998 meeting. The extra time will allow us to coordinate with Wylie Independent School District based on final location of a proposed elementary school site. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact our office. • Sincerely, 1 PTON ENGINEERING,INC. 1 Pat Atkins President PA/ce Cc: David Howell - 02 Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. (1`" Filing Fee $225 . 00 Date Applicant PAT ATKINS/TIPTON ENGINEERING, INC . Phone No. 972-226-2967 Mailing Address: Work No. 972-226-2967 6330 Broadway , Suite C • Garland . Texas 75043 LEGAL DESCRIPTION OF PROPERT SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 See attached sheet I he-_ehv re6 es6th.�t tl�e above described property be changed from its present zoning which is� 6 e a i District Classification to P-D Single Family District Classification and B 1 86--6,9 for the following reasons: (attach separate sheet if necessary) To provide for upscale Master Planned Single Family Community . There (axe (are not) deed restrictions pertaining to the intended use of the property. Status of Applicant QVINK Eng i neer Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showpg the property v 'oh is the subject of this requested zoning change and have read the followng concerning the imp dance of my submitting to the City a sufficient legal description. / Signed VD FEB 111998 98 - 02 Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. • • FCD FEB 11 1998 Q8 - 0% • f AW QFFIC ••SS OC__, BARNEIT hL GOODSTEIN, P.C._ A.aaAccc �7]7 LBJ F Ec'1•1AY SUITi 121 FAX TRANSMITTAL FAx3T`a' -Y07 }Ey.,F AA A.0 0 72 DATE: 9-19-97 TO: Barber Trible, Tipton Engint ing FAX HO. : 226-1946 FROM: Barnett Goodstein PHONE NO. : (972) 387-4.303 FAX NO. (972) 661-5683 TRANSMITTAL CONSISTS OF THIS COVER SHEET, PLUS.-_ PAGES CoHMENTS: Mr. Ralph Pinkus has contracted to sell a p.rcel of larx .now owned by him;:: and zoned Agricultural Use, to parties who are blocking up a large tract to rezone for residential usP. bt^. Pirikus is cut of the comtry at the present time; however, I am his attorney, and I believe I can sceak on his behalf in this ratter. The said ContLact of Sale gives the Buyer the rd ht toapply for the rezoning of the subject tract, and change the agricultural tsP to residential lisp and zoning. Therefore, Mr. Pinkus already has agreed to this change in zoning, if the Zoning Bard agrees to change the said zoning and use of the subject p`vperty. This, bawever,., is subject to and contingent upon the understanding and • agreeTent of all concerned that, in the event the subject prorP-ty is not so rezoned, the U-se will resin as agricultural use (as 3 -. Pinkus row ilsPs it) , and the tax base will rot be changed. If, on the other hand, the 11SP is charged so that the rezoning allows resi- dential 11�.;: tin it be understm1 that the Buyer, and not b,`r. Pinkus, shall be liable for any ad valorem taxes — past or future — that ray be assessed as a result of the zoning to allow resicentia1 use. Mr. Pinkus does not desire such rezoning for himself, and if this rezoning is not app -oved, Mr. Pinkus fully intends to continue to use the subject property for agricultural asps, and for ro other. With this proviso, 1•ts. Pink-as would have no pro-- • hibitienn against the aver raking aoplicatia: an the Pinkus tract for any zoning other than agricultural, with the kio ledte and 1-el ief that, if such zoning is rot granted, Mr. Pinkus will continue to have agricultural tvP and tars based on such asps; and that the Buyer shell indemnify and hold harmless M~. Pinkus if any other . result is Trade faun a rec-uest for a re • - zoning that is rot gran'-md. If you have any questions, or did not receive this te.lecopy clearly, please call our office immediately. cc: i•tr. Con Shirley - 214-691-0682 cc; Dick Johnson x ; Faith Pink-us *******Dc*,e****************************z***********gtk**-*********** THE IKTCA.MATICM COMTAIMED IM THIS /ACSIMILE MESSAGE IS ATTCP.MEY PAIVILESED AHD CORFI;EMTIAL IMFORX.ATIOA :RTEHDED OM.Y FOR THE USE DF THE In IVIDUAL OR CCITT OAHED ABOVE. IF THE READER Of THIS PESSAOE IS HOT THE IHTEIQEO RECIPIENT. OR Tex E'vL07EC PR AOEM REIP-CMLI3LE FOR PCL:KA:K4 IT TO T„E 1KTERDCD RECIPIENT. TOU AAE HT_.REST 11DT1FIE0 THAT ART DISSE.RINATIC-S, DISTR:5VTIO1, OA CCPYIH1 OF TH:5 COM:SUR:CAT:CA IS STRICTLT PROHIBITED. IF 1TJ HAVE RECEIVE; THIS COP:n_RI:CATICA IM ERR;R, PLEASE IRREOIAiELT MOTIFT US DT 1ELEP:r:ME AAD RETURN THE CR:01HM 1SESSAS? TO vs AT THE ASJVE ACORESS VIA THE V.S. POSTAL SERVICE. THANK YOU. FECD FEB 11 1998 98 - 02 -Y September 19, 1997 • Re: 27.2413 Acres Wylie, Texas TO WHOM IT CONCERN: I hereby authorize Tipton Engineering, Inc. to proceed with zoning on the above referenced property. Ce-et;4-,-,f-tj Thomas Williams,Administrator of the Estate of Kathleen E. Williams • • RED FEB 111998 SEP-22-97 MOH 11 :56 CHARD P.:RKER. IHC. 1 •129 - 01 91 9/22/97 • City Of Wylie Zoning Dept. Wylie, Texas Re: 38 acres out of the Moses Sparks Survey Abst. 849 and the G.W. Gunnells Survet Abst. 351 Sir: We authorize Tipton .Engineering Inc. to proceed with the zoning request on the above referenced property. • Thank you, C%()A P52Allid • Ida Pearl Scho6 F CD FEB 11 1998 : -2 -i7 COX?. CC;NFA;iiF_ 9 8 G2 anipbell C ompany oc aa>>as MI z€2,1toas 30C BENT TREE TOWER • 1e473 CALL.:S PARKWAY • DALLAS,TEKAS 75243 REALTOIR (214)248.8888 FAX(214)248.0230 MCMOCR; MA:IOMA.A{SOC1A1104 or REAL CO TATO 110A11C3 MATICMAL IRCTITNTC Or RCAL CATATC.CO4CA! 70C1Cr,or IMOl1GTNIAL A40 0711ci 11CALTOR■ Septernber22, 1997 Ms.Barbara Tribble Tipton Engineering • 6330 Broadway Blvd., Suite C Garland,Texas 75043 Dear Ms.Tribble: I hereby approve Tipton Engineering to move forward with procedures to rezone the Murphy Limited Partnership and Reservoir Limited Partnership from Agricultural to Single Family Residential. It is understood that Paramount Land Development has authorized Tipton to do this work at the sole cost and expense of Paramount Land Development. It is further understood the zoning changes will not be completed until all of the provisions of the pending Contract of Sale have been completed. Sincerely, Murphy Limited Partnership and Reservoir Limited Partnership ;'illia.Tn E. Campbe , Jr. WEC:rju cc: Con Shirley • REC'D F E B 11 1998 WYLIE CITY COUNCIL AGENDA COMMUNICATIONrtiff Public Hearing May 12, 1998 Issues: Consider and act upon a request to rezone 1.502 acres from A (Agricultural)',to R(Retail), Amending the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County, Texas and generally located along the east side of South Ballard just north of the Alanis. Requested by the City of Wylie. Background: The applicant is requesting rezoning on 1.502 acres in order to facilitate an expansion to the fire station and bring the zoning of the property into compliance with the Comprehensive Plan. The property to the north is vacant and zoned for B-2 (Business) uses. The properties to the south and east are vacant and zoned for R (Retail) uses. The property to the northeast is vacant and zoned for SF-2 (Single Family Residential) uses. The property to west is vacant and zoned A (Agricultural). Public Comment Forms were mailed to five (5) property owners within 200 feet of this request. No Public Comment Forms have been returned. Financial Considerations: The rezoning application fees have been waived ($225.00). Other Considerations: • The Comprehensive Plan recommends retail, commercial, business and public uses for the area. The proposed zoning and land use are consistent with the Comprehensive Plan and compatible with the surrounding retail and business zoning to the north, south, and east. • The City's Official Zoning Map (Ordinance 91-12) indicates that the zoning on this property is P (Public). The City of Wylie Comprehensive Zoning Ordinance (Ordinance No 85-23A) does not include a P (Public) zoning district. The intent of the rezoning request is to establish an official zoning district on the property in compliance with the Comprehensive Plan and surrounding zoning. Public Hearing Zoning Case No 98-04 Page I Other Considerations -continued • The applicant will be required to plat the property prior to the issuance of any building permits. Commission Recommendation: At the April 20, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend approval of this case. Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application 4691-1,01 r Tn .k. C496144 Prepared by viewed by F n nce City Manager Approval Public Hearing Zoning Case No 98-04 Page 2 ------a-F7',1 7(11 -2L7----___Toti/ Ari 4 ..-141% 'i itr't-".1 ; - ...., ---, . mums, 1 4# - • 4 AL LE* 611 Illa =EN- 4 „ 4, , , , r , A., r . ra t Ea =at --= 2 SUM,& firWiliilifinil f ,.... •. -ip Ro ° = iw ♦ nmonum5 TAM' Erns � II Pitar.‘ — lon 11::: 2_14-st =low .,_, • . .._. Wfli % 9 'nip - 1,21 :- !I- � IMIT/g77 ' _z _40 _ Emilmillm_ „MAI'S° slii BE A: imit.--)21 ' ' 4, I T�'!A �ltion,niH ea en •�o ls- s i - or. -. �: :nnninta .= ■ rut►: II - . •�i l ), 1-M:�. �IU-_' '� !1 as .EM ■ .m..., e4 1—n-..,r. IsilEa W Vt I I . .• ,,, ,...). 41 -lift- .....s awr mow - . * 4.0min IF „ -..,1 SUIEJ =CT el. 4. Ill III il3 PROP = -- TY I IIITTIIHR it I I I ► WHIIIIW� I. , 11I I II - 1 -71 DID I I I I I II I I I I _ [ 1J City imrts a I" ( 1 r i 1....... aft.•— -- %/ I- C.\\ -----ARE. aw. U F Alan's U �y�_ 1.........r...L4 .E J aL 1 I I II I -,./' '. L Ty. • N ors i frR 1 I` _ T / \ A ( / i PROJECT LOCATION MAP ZONING CASE #98-0004 ....„ ____,..,__ .... fai - a o - =_ _JE5 <5. idll 4.41111 44,4," Ira e ve 11,,,...-4111111111111 V III NS 41$44rIpair_ I , -- IF:11) • 03 j / it ow 'a a) IIIPRIIP!!!11 - < 1:1 mill ..ii . ham opv•roo a rive -6 I M m Aspen Gra* gi I tu -e -e2i i \ .011111. 61 i ilF IMMIIIII I o NOM) 111 ...kek i ! ri ,----t_- -- -..-..-..-..- ' I ; -------- 01 SSG LB Ela im4=-r- Airk I 1=FR 0 Fb 1E Frrlf i 01,7 ES — •! i ! ! n - i c ! > ! < IFit 48K S 1 — i !--------1 i i i ! i Alanis Drive -0 ! i i i ..._.._.._.. ..----- A ! i ! -6 11112M II 111 M> 1 iii'll.M`1111.ii;— rn iii MI in MI ME iii .111 Illi IIIII iii _c mi :v.;:a....1 INII71= -4-, 6 ! r D 0 11.1 lb IIII 11.lira 1 ! (f) IIII NM MEin—ve —\fn •. / \ r- i ii ! ! i i-" i i _.._ _.._.._......______. i i 1:. ==a5c)cr i i Colonial Unve 1 i i ! i ! i --, i i ZONING AREA MAP i i ZONING CASE #98-0004 I 4) Q) Fred Kerns Living Trust R-6O23-OOO-O36O-1 Q Virginia Foote & Catharine Fray Siib ect 0 1 city 6f wyna , v 60237O664q, SC)+gh •• 50' m Richard Nance R-6O23-OOO--O3SO-1 13 0 (f) I I 1 1 .� Acnis Drive Acnis give P �?OPE " +T" O�/N ( NC)TI ' 'ice• ►w.1•�ZONINA � '- 98 •rift, 4� .�, . I. I , I. > • _ " , a) n NOTIFICATION REPORT APPLICANT: City of Wylie APPLICATION FILE # 98-0003 2000 Hwy 78 North • # BLK/ABST LOT/TRACT TAX l.D. # PRO'ERTY OWNER NAME ADDRESS , 5105 Skillman #220 1 Abst 23 Tract 36 R�6023-000,•0360-1 Fred Kern Living Trust , Dallas, Texds 75206-4361 , 224 Meadowlark 2 Abst 23 Tract 38 R-6023-000-0380-1 Richard Nance Wylie, Texas 75098-5000 2000 Hwy. 78 North 3 Abst 23 Tract 39 R-6023-000-0390-1 City df Wylie,(Applicant) , Wylie, Texas 75098 6212 Wiscasset Road 4 Abst 267 Tract 8-9 R-6267-000.0084-1 Vlrginia Foote &Cdtherihe Frey, , , Bethesda, MD,2081 6-21 1 8, Texds Department of Transportation P.O. Box 90 5 , , , , , Attn:,Bill Lbvil , , , , McKinney, Texas 75064 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-02 Applicant: Pat Atkins Location: Generally located along the east side of McCreary Road just south of Southfork Mobile Home Park Property Description: Tract 2 &:3 of the Moses Sparks Survey, Abstract No. 849 (See the attached Exhibit"A"for full legal description) Present Zoning: MF(Multifamily),R(Retail),and B-1 (Business) Requested Zoning: PD(Planned Development)for single family residential uses Proposed Master Planned Single Family Community. • EXHIBIT "A" 4341(a).fld BEING all of that certain lot, tract or parcel of land situated in the City of Wylie,Texas, out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the property conveyed to The Texas Presbyterian Foundation, a Texas non-profit corporation, by deed as recorded in Volume 2278 at Page 155 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian Foundation tract,said point being in the center of McCreary Road(100 foot right of way) and also being the Northwest corner of a 50 foot permanent roadway and utility easement conveyed to the City of Wylie,Texas as recorded in Volume 2245 at Page 29 of the Deed Records of Collin County,Texas; THENCE,N 89° 56' 39"E,and passing the Southwest corner of a tract of land conveyed to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at 55.03 feet and continuing along the common line of said Clayton/Cambridge tract and The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet deed) to a 5/8" iron rod found for corner,said point also being the Northwest corner of a tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in Volume 872 at Page 153 of the Deed Records of Collin County,Texas; THENCE, S 02° 21' 37" W, along the common line of said Campbell tract and The Texas Presbyterian Foundation tract for a distance of 1499.60 feet(1502.41 feet deed) to a 1/2" iron rod found for corner; THENCE,N 86° 13' 20"W, and continuing along the common line of said Campbell and The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe found for corner, said point being the Northeast corner of a tract of land conveyed to Parker International Corporation by deed as recorded in County Clerk File No. 94- 0076703 of the Deed Records of Collin County,Texas; THENCE, N 89° 20' 39" W, and following the north line of said Parker International Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner, said point being in the center of the aforesaid McCreary Road(100 foot right-of-way); THENCE,N 01° 50' 33"E, along the center of said McCreary Road and the West line of The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet deed) to the PLACE OF BEGINNING and containing 45.376S acres of land more or less. An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-04 Applicant: City of Wylie Location: Generally located along the east side of South Ballard Avenue just north of Alanis Drive . Property Description: Being all of a 1.502 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, in the City of Wylie, Collin County,Texas (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: R(Retail) Proposed addition to the Fire Station. • "EXHIBIT A" WHEREAS,the City of Wylie,is the owner of a tract of land situated in the Allen Atterberry Survey,Abstract No.23,in the City of Wylie,Collin County,Texas, and being all of that certain 1.502 acre tract of land,and being called aI.5 acre tract described in a SPECIAL WARRANTY DEED to the City of Wylie,in Volume 1053,Page 876 of the Collin County Deed Records,and is more particularly described by metes and bounds as follows • • BEGINNING at a 3/4 inch iron rod found in the east right of way line(30 feet from centerline)of Ballard Street,and being the southwest corner of said 1.5 acre tract,and being the westerly northwest corner of a 158.06 acre tract of land described in a • WARRANTY DEED in Volume 2991,Page 921 of the Collin County Deed Records, and being 321.6 feet,North of a 1/2 inch iron rod found at the intersection of the west line • of said Ballard Street and the North right of way line of Alanis Dr., and said beginning 3/4 inch iron rod being the southwest corner hereof; THENCE North,with the east line of said Ballard Street and the west line of said 1.5 acre tract,220.00 feet,to a 3/4 inch iron rod found in concrete at the northwest corner of said 1.5 acre tract,being the southwest corner of a tract of land described in a DEED in Collin County Clerk File No. 95-0018290,called the Fred Kern Living Trust Tract,for the northwest corner hereof; THENCE North 89 deg. 57 min. 40 sec.East,with the north line of said 1.5 acre tract, and the south line of said Fred Kern Tract, and at 3.8 feet pass a 3/4 inch iron rod found, and continuing for a total distance of 297.44 feet, to a 1/2 inch iron rod set at tt;e northeast corner of said 1.5 acre tract,being the northerly northwest corner of said 158.06 acre tract, and being the northeast corner hereof; • THENCE South with the east line of said 1.5 acre tract,being a northerly west line of • said 158.06 acre tract,220.00 feet to a 3/4 inch iron rod found at the southeast corner of said 1.5 acre tract,being a interior"ell"corner of said 158.06 acre tract, and being the southeast corner hereof; THENCE South 89 deg. 57 min. 40 sec.West,with the south line of said 1.5 acre tract, being a westerly north line of said 15S 05 acre tract,297.44 feet to the place of beginning and calculated to contain 1.502 acres of land. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Monday,April 20,1998,7:00 PM City Council: Tuesday,May 12,1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas Page 1 of 2 (519 CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 • APPLICATION FOR ZONING CHANGE • Case No. ya7-4 y Filing Fee i'Vh' . Date 3— - Applicant 62- OP i4--//,•e Phone No. 2 8is D Mailing Address: Work No. Zo o o 1-1.-y 7 S /1 • • LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 I hereby request that the above described property be changed from its present zoning which is District Classification to for the following reasons: District Classification (attach separate sheet if necessary) There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed TrIVL2- CeefeUv - Po.ge2of2 Note: 1 - The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner.of the zoning request must also be submitted. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO R, RETAIL DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of R, Retail District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1998. By James D. Swartz, Mayor ATTEST: Barbara Salinas, City Secretary • "EXHIBIT A" WHEREAS,the City of Wylie,is the owner of a tract of land situated in the Allen Atterberry Survey,Abstract No. 23,in the City of Wylie,Collin County,Texas, and being all of that certain 1.502 acre tract of land,and being called al.5 acre tract described in a SPECIAL WARRANTY DEED to the City of Wylie,in Volume 1053,Page 876 of the Collin County Deed Records,and is more particularly described by metes and bounds • as follows: BEGINNING at a 3/4 inch iron rod found in the east right of way line(30 feet from centerline)of Ballard Street,and being the southwest corner of said 1.5 acre tract,and being the westerly northwest corner of a 158.06 acre tract of land described in a • WARRANTY DEED in Volume 2991,Page 921 of the Collin County Deed Records, and being 321.6 feet,North of a 1/2 inch iron rod found at the intersection of the west line of said Ballard Street and the North right of way line of Alanis Dr., and said beginning 3/4 inch iron rod being the southwest corner hereof; THENCE North,with the east line of said Ballard Street and the west line of said 1.5 acre tract,220.00 feet,to a 3/4 inch iron rod found in concrete at the northwest corner of said 1.5 acre tract,being the southwest corner of a tract of land described in a DEED in Collin County Clerk File No. 95-0018290,called the Fred Kern Living Trust Tract,for the northwest corner hereof; THENCE North 89 deg. 57 nun. 40 sec.East,with the north line of said 1.5 acre tract, and the south line of said Fred Kern Tract,and at 3.8 feet pass a 3/4 inch iron rod found, and continuing for a total distance of 297.44 feet, to a 1/2 inch iron rod set af'the northeast corner of said 1.5 acre tract,being the northerly northwest corner of said 158.06 acre tract,and being the northeast corner hereof; • THENCE South with the east line of said 1.5 acre tract,being a northerly west line of said 158.06 acre tract,220.00 feet to a 3/4 inch iron rod found at the southeast corner of said 1.5 acre tract,being a interior"ell" corner of said 158.06 acre tract, and being the southeast corner hereof; THENCE South S9 deg. 57 min. 40 sec. West,with the south line of said 1.5 acre tract, being a westerly north line of said 15S 05 acre tract,297.44 feet to the place of beginning and calculated to contain 1.502 acres of land. ;4/1 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION May 12, 1998 Issues: Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Lakeside Estates, Amending!the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the Moses Sparks Survey,Abstract No. 849, Collin County, Texas and generally located along the east side of McCreary Road just south of Southfork Mobile Home Park. Requested by Pat Atkins. Background: The preliminary plat/development plan under consideration is Phase III of Lakeside Estates. The applicant is preliminary platting 45.3768 acres in order to develop the property with a master planned single family residential community. The development plan aspect of this case is the final step associated with establishing the PD (Planned Development) zoning requested in ZC. No. 98-02. In order to establish a PD (Planned Development), the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner as required by Staff, and be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once Staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The Second phase of establishing a PD District is submitting for approval a Development Plan. The Development Plan shall set forth the final plans for the PD District and shall conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. Action Agenda Preliminary Plat/Development Plan Phase III-Lakeside Estates Page 1 Other Considerations: • The applicant is filing this preliminary plat/development plan in order to request several variances to the single family residential requirements. Specifically, the applicant is proposing a 149 lot master planned single family residential community with a minimum lot size of 6,000 sq. ft. • Additional reductions to the single family residential area regulations associated with this preliminary plat/development plan are as follows: magfroniMaktimm 20 ft. 25 ft. iNEMitearOOMmoi 15 ft.for principle structure and 25 ft. 20 ft.for garage 9 e 10 ft. between structures and 15 Not les s than 6 ft. on each sid e ' cent to a of th e lot and .for side yards side yard s ft.for Y 1 side stre et. adj acent to a side street <Minimum Lot Depth» 100 ft. and 90 ft.for cul-de-sac. 100 ft. uu !wink t idth 50 ft. 60 ft. 35 ft. or 2 1/2 stories 2 stories :;>:.;:;.;:.;.................. ....................... • Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must have two means of access or approach Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a median divided street or divided entry to satisfy this requirement. Riverway Lane was preliminary platted as the one point of divided approach for Phase II of Lakeside Estates (the 62 acre tract to the east). The applicant is proposing to utilize Riverway Lane as the one point of divided approach for both Phase II and Phase III. • Dr. Fuller (Wylie I.S.D. Superintendent) has indicated that he has informed the applicant that it would be advantageous to both the school and the city if an additional five (5) acres were offered to the City as a joint use concept or neighborhood park. • The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. • The Subdivision Regulations state that where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his or her sole expense. The applicant has proposed a six (6) ft. masonry screening wall along McCreary Road. • Staff has reviewed the proposed preliminary plat/development plan for Phase Ill of Lakeside Estates and found it to be in compliance with the concept plan proposed in ZC. No. 98-02. This preliminary plat/development plan also complies with the Subdivision regulations and other pertinent ordinances of the City of Wylie except for right-of-way dedication. Section 5.04 C. (1) of the Subdivision Regulations state that the property - Action Agenda Preliminary Plat/Development Plan Phase III-Lakeside Estates Page 2 Other Considerations-continued - owner shall provide all right-of-way required for existing or future streets, including perimeter streets, as shown in the Thoroughfare Plan. The preliminary plat/development plan under consideration shows a permanent roadway easement along McCreary Road. Should the Council approve this case, said easement needs to be dedicated to the city as right-of way for McCreary Road as shown in the Thoroughfare Plan. Financial Considerations: Impact fees for 149 residential lots in Phase III amount to $314,688.00 Commission Recommendation: At the March 16, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this case to April 6, 1998, due to the fact that the preliminary plat/development plan does not comply with the existing zoning encompassing the property. The applicant's rezoning request applicable to this preliminary plat/development plan was tabled to the April 6, 1998, Planning and Zoning Commission meeting. At the April 6, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this case to April 20, 1998, per the applicant's request. The applicant indicated that he needed extra time in order to coordinate proposed changes with Wylie Independent School District (see enclosed letter). On April 13, 1998, the applicant submitted a new Preliminary Plat/Development Plan incorporating the development standards detailed above. Specific changes distinguishing this Preliminary Plat/Development Plan from the original submittal are as follows: 1. The applicant has proposed a ten (10) acre school site in the northwest corner of the property. Dr. Fuller (Wylie I.S.D. Superintendent) has verified that the applicant has made an offer to sell the ten (10) acre site to the school district. Dr. Fuller also indicated that the applicant's offer requires that the school district participate in the cost associated with providing public facilities and services to the property. 2. The original submittal proposed a 1.6 acre park to be dedicated to the City. The Conceptual Plan under consideration does not incorporate a park. 3. The applicant has increased the minimum dwelling size from 1,400 to 1,600 square feet. At the April 20, 1998, Planning and Zoning Commission meeting, the Commission voted by 6-1 to recommend denial. Section 35.5(2) of the City of Wylie Comprehensive Zoning Ordinance No. 85-23A states that when a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the City Council shall be required for approval. Action Agenda Preliminary Plat/Development Plan Phase III-Lakeside Estates Page 3 Staff Recommendation: Denial. However, should the Council approve ZC. No 98-02, the Preliminary Plat/Development Plan is in compliance with the Conceptual Plan proposed in said zoning case and, therefore, should be approved accordingly and with the following stipulations: 1. The preliminary plat/development plan be corrected by incorporating any stipulations or corrections associated with the approval of ZC. No. 98-02. 2. The preliminary plat/development plan be corrected by dedicating the necessary right-of- way as detailed above. 3. The following notes being added to the preliminary plat/development plan: Note 1: A. Proposed masonry screening wall shall be located on private property and maintained by the Homeowners Association. Should the Council recommend approval of ZC. No. 98-02 with only one (1) point of approach, staff recommends that the following note be added to the preliminary plat/development plan in order to ensure secondary access is provided in a timely manner. Note 2: A. Per Section 5.01 C. (1) (b) of Ordinance 93-33, Subdivision Regulations, secondary access shall be required for Development Plan of Lakeside Estates Phase III at the time one (1) of the following two (2) events occur: 1. Application for housing permits have been submitted for 25% of the lots within Development Plan of Lakeside Estates Phase Ill; or 2. Two calendar years beginning with the date of adoption of this ordinance. A. Subsequent to the occurrence of one (1) of the two (2) above referenced events, no permit of any kind will be issued within the Development Plan of Lakeside Estates Phase Ill prior to the City's final approval and acceptance of secondary access for Development Plan of Lakeside Estates Phase III. Should the Council recommend denial of ZC. No. 98-02, this preliminary plat/development plan must be denied as it will not comply with the existing zoning encompassing the property. Action Agenda Preliminary Plat/Development Plan Phase III-Lakeside Estates Page 4 Attachments: Proposed Land Use Data Preliminary Plat/Development Plan Application Dr. Fuller's Letter Applicant's Letter Ordinance Preliminary Plat/Development Plan % P\ni-JAILOAkifia4- Prepared by ewe by Fi ance City Manager Approval Action Agenda Preliminary Plat/Development Plan Phase III-Lakeside Estates Page 5 LAKESIDE ESTATES WYLIE, TEXAS PROPOSED LAND USE DATA LOW DENSITY RESIDENTIAL PLANNED DEVELOPMENT LAKESIDE ESTATES RESIDENTIAL PROPOSED ZONING: • ACRE ZONING NO. OF UNITS DENSITY S.F. 45.37 Single Family 200 4.41 I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 6,000 SF. 2. FRONT YARDS Minimum front yard building line 20' (Twenty Feet). 3. REAR YARDS There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with a minimum of 20' (Twenty Feet) for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). S. MINIMUM LOT WIDTH There shall be a minimum lot width of 50' (Fifty Feet) measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety Feet) at cul-de-sac. 7. USE REGULATIONS • Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. • 8. HEIGHT REGULATIONS No building shall exceed 35' (Thirty-Five Feet) or two and one-half (2-1/2) stories in height. 9. MINIMUM DWELLING SIZE Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet). 10. LOT COVERAGE • In no case shall more than 60% (Sixty Percent) of the total lot area be covered by the combined area of the main buildings and accessory buildings. 11. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75% (Seventy Five Percent) brick, tiles, cement, concrete, stone or similar materials. II. DEVELOPMENT STANDARDS: 1. Provisions for a divided entry off of McCreary Road to allow for additional access along with landscape identifying features for the Master Planned Subdivision. 2. Provisions for the Master Thoroughfare Plan for the Collector Systems. 3. Provisions for Master Homeowners Association and Deed Restrictions. 4. Paving design to adhere to the City of Wylie's standards allowing for 4" crowns. Page 1 of 3 PAID FEB 1lC199Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date Name of Proposed Development LAKESIDE ESTATES PHASE III Name of Property M /Developer PARAMOUNT LAND DEVELOPMENT , INC. Address 15851 Dallas Parkway , Suite 100 Phone 972-490-3255 Dallas , Texas /5248 Owner of Record THE TEXAS PRESBYTERIAN FOUNDATION Address 3500 Oak Lawn Ave . , Suite 300 Phone Dallas , Texas 75219 Name of Land Planner TIPTON ENGINEERING, INC . Surveyor/Engineer Address 6330 Broadway , Suite C Phone 972-226-2967 barland, texas /5u43 Total Acreage 45 . 376 .Current Zoning %-D Single Family Number of Lots/Units 200 Sign d 'TAT- ATKINS , REPRESENTATIVE TIPTON ENGINEERING, INC . The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable X 1. The boundary line (accurate in scale and orientation) of the tract to be subdivided. REC'DFEB111998 Page 2 of 3 X • 2. The location, widths and names of all existing or platted streets or other public ways within and adjacent to the tract, existing permanent buildings, railroads, rights-of-way and other important features, such as abstract lines, political subdivision or corporation lines and school district boundaries. X 3. Existing sewer mains, water mains, drainage culverts or other underground structures and utilities within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. X 4. Contours with intervals of two feet (2') or less, referred to mean seal level datum, by actual field survey. X 5. The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of unsubdivided land. X 6. The proposed name of the subdivision. X 7. North arrow, scale, date and approximate acreage of the proposed subdivision. X 8. The names, addresses and telephone numbers of the subdivider and of the engineer, surveyor or planner, responsible for preparation of the plat. X 9. The tract designation, zoning classification and other description according to the real estate records of the City or proper county authority; also, designation of the proposed uses of land within the subdivision, including the number of lots of each classification. X 10. All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitation of such reservations. X 11. The layout, names and widths of proposed streets, alleys and easements, such as drainage easements, access easements, electrical easements and maintenance easements. X 12. Provision for the connection of streets with other streets adjacent to the subdivision and for extension of streets to undeveloped property. Also a Circulation Plan indicating how continuous ingress and egress from existing residences and for City Staff will be maintained. RED FEB 111998 Page 3 of 3 X 13. The proposed base flood floodplain limits and elevations on a one-foot contour interval for all open channels. X 14. A plan of the proposed water and sanitary sewer mains and proposed drainage facilities, including drainage areas, location of lines, inlets, culverts, bridges, provisions for discharging onto and crossing adjacent properties and calculated runoff and points of concentration. X 15. A location map of the proposed subdivision on a scale of 1" = 1000' showing existing and proposed streets and thoroughfares covering an area at least one mile outside the proposed subdivision. X 16. Typical cross-sections of proposed streets showing the width and cross slope of pavement, type of pavement and location, width and cross slope of sidewalks. Title Block shall indicate the date of the current submittal and the revision number. X 17. A notice shall be placed on the face of each Preliminary Plat by the subdivider (see wording). X 18. An approval block/certificate shall be placed on the face of each Preliminary Plat by the subdivider (see wording). Taken by: File No.: zip Date: 411 IR Fee: 5a� Receipt No.: 14(0 35 .- 5dc,, ' PA\D FEB 11 RECD FEB 111998 APR 2 7 1998 1)(f WYLIE INDEPENDENT SCHOOL DISTRICT H.John Fuller,Ed.D.-Superintendent April 23, 1998 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 fit( Dear M ms: Please be advised that as of 2:00 p.m. yesterday, the school district has negotiated a purchase price for 10 acres for an elementary school site on McCreary Road south of Southfork Mobile Home Park. I informed Mr. David Howell that it would be advantageous to both the school and the city if he would offer 5 acres to the City of Wylie. The school district plans to build the new elementary school on the McCreary Road site. As in the past, I appreciate the cooperation we have received from the city and look forward to a continued partnership as we embark on this new adventure. Sincerely, H. John Fuller, Ed.D. HJF/ssg P.O.Box 490 • Wylie,Texas 75098-0490 • (972)442-5444 • FAX(972)442-5368 ® TIPTON ENGINEERING, INC. _ Al ENGINEERING• SURVEYING• PLANNING 6330 Broadway Blvd. • Suite C • Garland. Texas 75043 • (972) 226.2967 • FAX (972)226-1946 4341 March 31, 1998 Mr. Tobin Maples Director of Planning CITY OF WYLIE 2000 Highway 78 North Wylie, TX 75098 RE: LAKESIDE ESTATES PHASE III WYLIE, TEXAS Dear Mr. Maples: As authorized agent for Paramount Land Development, we are hereby requesting our zoning case and development plan for the above referenced project scheduled for April 6, 1998, to be tabled and rescheduled for the April 20, 1998 meeting. The extra time will allow us to coordinate with Wylie Independent School District based on final location of a proposed elementary school site. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact our office. • Sincerely, PTON ENGINEERING, INC. Pat Atkins President PAJce Cc: David Howell ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. (a) That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. (b) The use of all property in such area being limited to and governed by the following conditions: Permitted Uses: Single Family Detached Dwellings, Public Schools, and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. Area Regulations: Front Yard: Minimum front yard building line 20' (Twenty Feet). To be measured from the front building line. Rear Yard: There shall be a rear yard have a depth being not less than 15' (Fifteen Feet)with a minimum of 20' (Twenty Feet) for garage setbacks. Side Yard: A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). Lot Width: There shall be a minimum lot width of 50' (Fifty Feet) measured at the front building line. Minimum Lot Depth: There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety Feet) at cul-de-sac. Height Regulations: No building shall exceed 35' (Thirty-Five Feet) or two and one-half (2 1/2) stories. Minimum Dwelling Size: Minimum dwelling size shall be 1,600 sq. ft.(One Thousand Six Hundred Square Feet). Lot Coverage: In no case shall more than 60% (Sixty Percent) of the total area be covered by the combined area of the main buildings and accessory buildings. Minimum Masonry: Facade: All main buildings shall have exterior construction of a minimum of 75% (Seventy-Five Percent)brick, tiles, cement, concrete, stone or similar materials. Screening Wall: Proposed masonry screening wall shall be located on private property and maintained by the Homeowners Association. Secondary Access: Per Section 5.01 C. (1) (b) of Ordinance 93-33, Subdivision Regulations, secondary access shall be required for Development Plan of Lakeside Estates Phase III at the time one (1) of the following two (2) events occur: 1. Application for housing permits have been submitted for 25% of the lots within Development Plan of Lakeside Estates Phase III; or 2. Two calendar years beginning with the date of adoption of this ordinance. (c) Subsequent to the occurrence of one (1) of the two (2) above referenced events, no permit of any kind will be issued within the Development Plan of Lakeside Estates Phase III prior to the City's final approval and acceptance of secondary access for Development Plan of Lakeside Estates Phase III. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof,by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1998. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary 9 8 - 0 2 FIELD NOTES EXHIBIT "A" 4341(a).fld BEING all of that certain lot, tract or parcel of land situated in the City of\Vylie, Texas, out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the property conveyed to The Texas Presbyterian Foundation, a Texas non-profit corporation, by deed as recorded in Volume 2278 at Page 155 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian Foundation tract, said point being in the center of McCreary Road (100 foot right of way) and also being the Northwest corner of a 50 foot permanent roadway and utility easement conveyed to the City of\Vylie, Texas as recorded in Volume 2245 at Page 29 of the Deed Records of Collin County, Texas; THENCE,N 89° 56' 39" E, and passing the Southwest corner of a tract of land conveyed to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at 55.03 feet and continuing along the common line of said Clayton/Cambridge tract and The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet deed) to a 5/8" iron rod found for corner, said point also being the Northwest corner of a tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in Volume 872 at Page 153 of the Deed Records of Collin County, Texas; THENCE, S 02° 21' 37" \V, along the common line of said Campbell tract and The Texas Presbyterian Foundation tract for a distance of 1499.60 feet (1502.41 feet deed ) to a 1/2" iron rod found for corner; THENCE,N 86° 13' 20" \V, and continuing along the common line of said Campbell and The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe found for corner, said point being the Northeast corner of a tract of land conveyed to Parker International Corporation by deed as recorded in County Clerk File No. 94- 0076703 of the Deed Records of Collin County, Texas; THENCE, N 89° 20' 39" \V, and following the north line of said Parker International Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner, said point being in the center of the aforesaid McCreary Road (100 foot right-of-way); THENCE, N 01° 50' 33" E, along the center of said McCreary Road and the West line of The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet deed) to the PLACE OF BEGINNING and containing 45.3768 acres of land more or less. REC'D F E B 11 1998 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION May 12, 1998 Issue: Consider and act upon a Preliminary Plat for Wylie Fire Station No. 1. The tract is situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas and generally located along the east side of South Ballard just north of the Alanis. Requested by the City of Wylie. Background: The preliminary plat under consideration is Wylie Fire Station Number One. The applicant is preliminary platting 1.502 acres in order to facilitate an expansion to the fire station and bring the property into compliance with the Comprehensive Plan and Subdivision Regulations. The property is currently unplatted and developed with an existing fire station. Financial Considerations: The application and impact fees have been waived. Other Considerations: • Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • The Planning and Zoning Commission held a public hearing (ZC. No. 98-04) on April 20, 1998, and recommended to the City Council that this property should be rezoned from A (Agricultural) to R (Retail) in order to bring the zoning of the property into compliance with the Comprehensive Plan. The City Council public hearing for ZC. No. 98-04 will be May 12, 1998. Commission Recommendation: At the May 4, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend approval of this case subject to City Council approval of ZC. No 98-04. Action Agenda Preliminary Plat-Fire Station I Page 1 Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation Attachments: Preliminary Plat Application Preliminary Plat 7 c( Th„IJMQ_ )64 Prepared by iewed by i ance City Manager Approval Action Agenda Preliminary Plat-Fire Station 1 Page 2 Page 1 of 3 () 7 Z) 5 4L City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date 3 - 17 -g8 Name of Proposed Development klgi—tE t—► >� lc No . i Name of Property Owner/Developer l v Y o Address Z(X)Q �-h iq Phone -44 Z -8)56) Owner of Record C tT1) oc LPL-cc-- Address Phone Name of Land Planner M Surveyor/Engineer Address \53-7 1--‘Avial cc _1j Phone(07Z) 35 - I ZZ7 Total Acreage (. Sd Z Current Zoning Number of Lots/Units Signed The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all data on a scale not to exceed 1" = 100' with a graphic scale provided. Throe sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. Page 2 of 3 2. The location, widths and names of all existing or platted streets or other public ways within and adjacent to the tract, existing permanent buildings, railroads, rights-of-way and other important features, such as abstract lines, political subdivision or corporation / lines and school district boundaries. v 3. Existing sewer mains, water mains, drainage culverts or other underground structures and utilities within the tract and immediately / adjacent thereto with pipe sizes, grades and locations indicated. v 4. Contours with intervals of two foot (2') or less, referred to mean sec , level datum, by actual field survey. 5. The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of unsubdivided land. ✓ 6. The proposed name of the subdivision. 7. North arrow, scale, date and approximate acreage of the proposed subdivision. 8. The names, addresses and telephone numbers of the subdivider and of the engineer, surveyor or planner, responsible for preparation of the plat. V 9. The tract designation, zoning classification and other description according to the real estate records of the City or proper county authority; also, designation of the proposed uses of land within the subdivision, including the number of lots of each classification. 10. All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitation of such reservations. 1 1 . The layout, names and widths of proposed streets, alleys and easements, such as drainage easements, access easements, electrical easements and maintenance easements. 12. Provision for the connection of streets with other streets adjacent to the subdivision and for extension of streets to undeveloped property. Also a Circulation Plan indicating how continuous ingress and egress from existing residences and for City Staff will be maintained. Page 3 of 3 ✓ 13. The proposed base flood floodplain limits and elevations on a one-foot contour interval for all open channels, 14. A plan of the proposed water and sanitary sewer mains and proposed drainage facilities, including drainage areas, location of lines, inlets, culverts, bridges, provisions for discharging onto and crossing adjacent properties and calculated runoff and points of concentration. ✓ 15, A location map of the proposed subdivision on a scale of 1" = 1000' showing existing and proposed streets and thoroughfares / covering an area at least one mile outside the proposed subdivision. ✓ 16. Typical cross-sections of proposed streets showing the width and cross slope of pavement, type of pavement and location, width and cross slope of sidewalks. Title Block shall indicate the date of the / current submittal and the revision number. 17. A notice shall be placed on the face of each Preliminary Plat by the subdivider (see wording). 18. An approval block/certificate shall be placed on the face of each Preliminary Plat by the subdivider (see wording). Taken by: File No,: Date: Fee: Receipt No.: WYLIE CITY COUNCIL rt/1- • ACTION AGENDA COMMUNICATION May 12, 1998 Issue• Consider and act upon a Preliminary Plat for Wylie Fire Station No. 2. The tract is situated in the G.W. Gunnel Survey, Abstract No. 351, City of Wylie, Collin 'County, Texas and' generally located along the west side of FM 1378 just north of Brown Street Requested by the City of Wylie. Background: The Preliminary plat under consideration is Wylie Fire Station Number Two. The applicant is preliminary platting 7.505 Acres in order to develop the property with a fire station. The property is currently vacant, unplatted, and zoned for A (Agricultural) uses. Financial Considerations: The application and impact fees have been waived. Other Considerations: • Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Commission Recommendation: At the May 4, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend approval of this case. Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation Action Agenda Preliminary Plat-Fire Station 2 Page 1 Attachments: Preliminary Plat Application Preliminary Plat 4. ly)=4, s____Cetiam.A. Prepared y eviewed b Finance City Manager Approval Action Agenda Preliminary Plat-Fire Station 2 Page 2 Page 1 of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST • • Date 3 - i'7- 96 Name of Proposed Development LYi._i� �F -�A��i-� �o _ �- � Name of Property Owner/Developer t O E Address Z0C ) t-k\LIR Phone 44 Z- 8 l 5'a Owner of Record ( Address t Ot0 13 bYtAJ 7SZ3 Phone Name of Land Planner M e Surveyor/Engineer Address 53-7 uiSs\les �LA 6e ; Au.E)-4 Phone (07Z) 35 5- I Z Z v Total Acreage 7. 5o S Current Zoning AU Number of Lots/Units Signed / _45 The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all data on a scale not to exceed 1" = 100'with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. Page 2 of 3 2. The location, widths and names of all existing or platted streets or other public ways within and adjacent to the tract, existing permanent buildings, railroads, rights-of-way and other important features, such as abstract lines, political subdivision or corporation lines and school district boundaries. 3. Existing sewer mains, water mains, drainage culverts or other underground structures and utilities within the tract and immediately / adjacent thereto with pipe sizes, grades and locations indicated. ,/ or v-* • 4. Contours with intervals of two feet (2') or less, referred to mean seat / level datum, by actual field survey. 5. The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of unsubdivided land. ✓ 6. The proposed name of the subdivision. ✓ 7. North arrow, scale, date and approximate acreage of the proposed subdivision. ✓ 8. The names, addresses and telephone numbers of the subdivider and of the engineer, surveyor or planner, responsible for preparation / of the plat. ✓ 9. The tract designation, zoning classification and other description according to the real estate records of the City or proper county authority; also, designation of the proposed uses of land within the subdivision, including the number of lots of each classification. .. 10. All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or / limitation of such reservations. 1 1 . The layout, names and widths of proposed streets, alleys and easements, such as drainage easements, access easements, / electrical easements and maintenance easements. 12. Provision for the connection of streets with other streets adjacent to the subdivision and for extension of streets to undeveloped property. Also a Circulation Plan indicating how continuous ingress and egress from existing residences and for City Staff will be maintained. Page 3 of 3 ✓ 13. The proposed base flood floodplain limits and elevations on a one-foot contour interval for all open channels. 14. A plan of the proposed water and sanitary sewer mains and proposed drainage facilities, including drainage areas, location of lines, inlets, culverts, bridges, provisions for discharging onto and crossing adjacent properties and calculated runoff and points of concentration. 15. A location map of the proposed subdivision on a scale of 1" = 1000' showing existing and proposed streets and thoroughfares covering an area at least one mile outside the proposed subdivision. ✓ 16. Typical cross-sections of proposed streets showingthe width and yp P P cross slope of pavement, type of pavement and location, width and cross slope of sidewalks. Title Block shall indicate the date of the current submittal and the revision number. 17. A notice shall be placed on the face of each Preliminary Plat by the subdivider (see wording). 18. An approval block/certificate shall be placed on the face of each Preliminary Plat by the subdivider (see wording). Taken by: File No.: • Date: Fee: _ Receipt No.: WYLIE CITY COUNCIL AGENDA COMMUNICATION May 12, 1998 Issue Consider and Act Upon Appointing a Board of Director to the North Texas Municipal Water District Board. Background The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with law, in alignment with NTMWD policy, and in the best interests of the cities receiving services. NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's needs are met in the most effective manner. All NTMWD programs provide service based on cost to serve, with all cities provided equal treatment. Therefore, NTMWD policy established by the Board of Directors affects cost, performance and quality of service. The City of Wylie has two board members on the NTMWD Board. Mr. Harry Tibbals, whose term expires May, 1999 and, Mr. Marvin Fuller whose term expires May, 1998. Mr. Fuller has stated that he would be willing to serve another two years. The City Council will need to make this appointment before the term expires May 31, 1998. Financial Considerations N/A Other Considerations In accordance with the statue creating the District, (Article 8280-141), the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in the City from which he is appointed. No member of a governing body of a City, and no employee of a City, shall be appointed as a Director." Under other State Law, no other government official that receives compensation could be appointed. Agenda Communication NTMWD Board Appointment Page 1 Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Correspondence from NTMWD A �i . ,�_.� 1!� ��. I, /,�r..� MIL 64144- Pr; oared by Rev.,e• by Fin- ce City Manager Approval Agenda Communication NTMWD Board Appointment Page 2 MAR 17 1998 NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity March 16, 1998 Mr. Mike Collins, City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: NTMWD BOARD MEMBER APPOINTMENT Dear Mr. Collins: This is your official notification that Mr. Marvin Fuller's term of office as an NTMWD Board Member expires May 31, 1998. The City Council, by a majority vote, should reappoint Mr. Fuller or appoint another Director to serve a term from June 1, 1998 to May 31, 2000. In accordance with the statute creating the District (Article 8280-141), the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in the city from which he is appointed. No member of a governing body of a city and no employee of a city shall be appointed as a Director." Under other state law, no other government official that receives compensation could be appointed. The cities served by the NTMWD appreciate the work and effort expended by the appointed Directors. It is my practice to visit with new Directors in an orientation session prior to their first meeting; therefore, please notify my office in writing when the City Council has appointed a Director for the new term. Should you have any questions or need additional information, please do not hesitate to contact my office. • ere y, CARL W. RIEHN Executive Director CWR/mcf cc: Mr. Marvin Fuller 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405 WYLIE CITY COUNCIL tit ACTION AGENDA COMMUNICATION May 12, 1998 Issue Consider and Act Upon Approval of a Request from Mr. Ron Evans for a Waiver of the Tournament Fees for a Benefit Tournament for Britney Tice. Background A request has been received from Mr. Ron Evans for a waiver to the tournament fees which are set within the Code of Ordinances by the Athletic Fields Policy. The Policy establishes the fees based on the duration of the tournament, with the fees ranging from $100.00 - $160.00. In addition, there is a security deposit of$50.00 per field, which is credited toward the tournament fees. The Policy also states: • The Athletic Field Policy is by the terms a guideline for the use and operation of the Community Park facilities, and as such the terms and provisions are necessarily subject to some variance and deviation. Provided, however, that any such variance shall be allowed only on the written approval of the Superintendent of Parks and Recreation, and such written approval shall be effective if all of the following conditions have been satisfied: a) The effect or result of the requested variance will not result in allowing any actions or activities which are in conflict with the spirit and intent of the general purpose of the policy; and b) There is not sufficient time to bring the issue before the Parks Board and City Council for approval; and c) The variance is approved by the City Manager or his representative. Mr. Evans has indicated that he is requesting the waiver in order to maximize the proceeds from the tournament. Staff and the sports associations will be working with the tournament organizers in order to set the tournament date within the existing scheduled games. The tournament will be held either in the end of July or beginning of August. Action Agenda Waiver of Tournement Fees Page 1 Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Park & Recreation Board considered this request during the April 27 meeting and recommended a waiver of the tournament fees. The Board also recommended that the deposit fee be required, but returned to the organizers after the tournament. Staff Recommendation N/A Attachment lenitt4 e64.1444 Prepay y Rev' ed y Fina ce City Manager Approval Action Agenda Waiver of Tournement Fees Page 2 WYLIE CITY COUNCILrtfl• ACTION AGENDA COMMUNICATION May 12, 1998 Issue Consider and Act Upon Authorizing the Chief of Police to Make Application to the United States Department of Justice, Office of Community Oriented Policing Services for the Approval of Grants Under the COPS - Universal Hiring Program and the School Based Partnerships Program: School Related Crime Prevention and Safety Initiative to Facilitate the Hiring of Additional Police Officers for the City of Wylie. Background As has been preciously outlined, the COPS - Universal Hiring Program (UHP) is one of several approaches developed by the United States Department of Justice under the Public Safety Partnership and Community Policing Act of 1994 to deploy additional officers devoted to community policing on the streets and rural routes of this nation. The Universal Hiring Program enables interested agencies to supplement their current sworn forces through Federal grants for up to three years. All policing agencies are eligible to apply for this grant. Applications for grants under the COPS Universal Hiring Program are due May 22, 1998. This request is only to authorize the Chief of Police to make application to the U.S. Department of Justice to obtain the grant funding. The City of Wylie is, in no way, committed to accepting the grant(s) even if approval is obtained. The Office of Community Oriented Policing has just released information about and made applications available for a new program entitled "SCHOOL BASED PARTNERSHIPS: SCHOOL RELATED CRIME PREVENTION AND SAFETY INITIATIVE."The intent behind this program being to help local law enforcement agencies, working with area school districts, to establish or expand School Resource Officer programs that will make officers available for assignment within the public school system on a daily basis. The COPS office is specifically seeking competitive proposals from agencies that are committed to both the philosophy of community policing and to engagement in a partnership to analyze crime or disorder problems, within the public schools, implement response programs tailored to those specific needs and assess the impact of the program responses. Action Agenda COPS Grant Application Approval Page I Background -continued The Chief of Police has already met with and obtained a commitment from the Superintendent of Public Schools to split all costs by half, which are not covered by grant funding, that may be obtained for a School Resource Officer program. Because limited federal funds are available for this particular program, it is imperative that the City act quickly in order to have it's application considered. Submissions under this program are due back in the COPS office June 15, 1998. In hiring additional officers, the City may not reduce the scope of the customary screening and training procedures and must include community policing principles in our training curricula. In other words, officers under grant assistance obtained from the Department of Justice must meet the same standards and be provided the same opportunities for training and advancement as any other officer within the department. The department currently has certain community based policing programs in place such as the Directed Patrols, Park & Walk and School Lunch Programs. These personnel must, likewise, be trained and participate in these programs as do other members of the department. Financial Considerations According to information obtained from a COPS Facts bulletin, a total of $12 million in funding will be available under the School Based Partnerships Program. A local match will not be required, although applicants are encouraged to contribute cash or in kind resources to their proposed projects. An additional $ 5.5 million will be available for further efforts under the School-Related Crime Prevention and Safety Initiative. This grant program is expected to be extremely competitive. Based upon that fact, it is suspected that applicants who propose a percentage match from local funds might receive more consideration and have a better chance of success at obtaining the requested grant funding. COPS grant funds must not be used to replace funds that eligible agencies otherwise would have devoted to the hiring of future officers. In other words, any hiring under the UHP must be in addition to and not in lieu of, officers that otherwise would have been hired without grant assistance. As with the previous UHP grant, the total grant funding will be reduced each year by a set percentage. The City remains responsible to match that portion not funded by the grant. Should we be successful in obtaining either one of the grants for which applications will be submitted, it is most likely that grant monies would continue to be distributed in de- escalating percentages of 75/25, 70/30 and 40/60 over the three year period. Total costs to the city for this three year period, per officer, would be as follows; 1st year: $9,622.75, 2nd year $ 12,234.00 and 3rd year $25,710.00 for a total of $47,566.75. Action Agenda COPS Grant Application Approval Page 2 Background -continued Any funding then utilized to establish School Resource Officer position(s) would then be split 50/50 with the Wylie Independent School District or 1st year $4,811.37, 2nd year $6,117.00 and 3rd year $12,855, reducing the city's expenditure to a total of $ 23,783.37 over the same three year period. The fourth and any subsequent years would be funded totally by the City at an approximate costs of $ 45,150.00 per year, based upon the current pay scale. However, just the same as above, the costs of any positions assigned to the School Resource Officer function would be split with the Wylie Independent School District bringing the total costs to approximately $22,575.00 per year, per entity for each officer assigned. Other Consideration Upon entering into a Cooperative Agreement, both parties agree to the terms and conditions as set forth in 42 U.S.C. Section 3711, et al. (1994), therefore, binding the City of Wylie and the United States Department of Justice. Board / Commission Recommendation N/A Staff Recommendation Staff requests authorization to make application to the United States Department of Justice, Office of Community Oriented Policing Services for a grant to develop a School Resource Officer Program. Attachments Cover Letter from U.S. Department of Justice COPS Facts Bulletin Correspondence from Dr. Fuller 0.4"-e,Q0-14 �'r- afed>;y riAd4 - Revi ed by Fina ce City Manager Approval Action Agenda COPS Grant Application Approval Page 3 interoffice MEMORANDUM To: Mike Collins From: Mike Phillips Subject: Re: Lanny Payne at 3010 FM 544 Date: May 8, 1998 Mr. Lanny Payne was mailed a certified letter and accepted it on May 6, 1998. He has until May 16, 1998 to satisfy all violations listed on the Notice of Violation(NOV). If violations are not corrected, the City will hire contractors to clean up. Mr. Lanny Payne has a Court Hearing and Trial at the Municipal Courts on May 21, 1998. This trial will be related to citations previously issued on or about May 21, 1996 by the Fire Department, not recently issued citations for code violations. You will find enclosed previous correspondence to Mr. Lanny Payne and T.U. Electric. CITY OF WYLIE NOTICE OF VIOLATION This notice is issued to bring to your attention the code violation(s)listed below. Please call if you cannot correct the violation(s)by the date indicated and arrangements may be made to assist you or allow you additional time. LOCATION OF VIOLATION: 3 0/(i ('[LI j 44 LOT: j BLOCK: SUBDIVISION: ZONE: USE: )3- ,,, TAX ACCT.# ADDRESS: L.4 A)/1,) 7 P1+ V A)6 OWNER/AGENT/PERSON IN CONTROL i (,0V -P 31LtI1.)( L. ti-1 LC L-14 Jt\ U , ! L 1C A r-) PHONE# ii a, 3 7 3 to R -2 '5'C) 7 ii. PHONE# -EASE CORRECT THE FOLLOWING IN 3 (3 DAYS OR CITATIONS TO MUNICIPAL COURT MAY BE ISSUED. 1 J Clear premises of all improperly stored items. 6 0 r-r,4.tt6ii c jL f t�y(Ft:p %krAP.e- - -t 6/nG=x)criw,16 2.) Remove all litter,garbage,trash or rubbish from I%4 ii t=t(=•if r C��-a T 1-1 ,1 - arkway -private property _easement 3. Remove junked motor vehicle: year make body style color VIN# _expired license plates _no license plates _expired safety sticker _no sticker _wrecked inoperative 4. Containers are: _non-regulation _worn-out inadequated in number _without lids blocking right-of-way 5. Cut and remove weeds/grass in excess of 12 inches in: alley parkway private property easement 6. Trim back vegetation adjacent to your property line in: _alley parkway _sidewalk easement (7�)Discontinue the salvage or reclamation of: j(/y I-1=A)/ (',, �'i.-n ui •{ i 21& J� ( ( `tzc t (t-le C't '4 �. 8. Eliminate all potential hazards: _open wells,septic tanks,cellars sharp protrusio4is Dead trees or lriinbs 01:4 , _cracks in sidewalk visibility obstructions holes _other Discontinue business operations within an improper zoning district. / ] > r`��e in violation. t;.-CC>; �C�%�: Sl' C L-. ,A) )7 Ai C�Lcl1=(� [N'(�r_� '�� l 1.>SIGN VIOLATION: Special purpose signs must have: �(permit` $ proper setback tie downs be removed exposed wiring removed other 12./Stack usable lumber on open racks at least 18 inches above the ground with clear unobstructed space underneath. All other lumber must be removed from the premises. 1�! Eliminate unsanitary conditions caused by: K occupants animals _sewage discharge standing water 14. Provide house numbers that can be plainly observed from the street(min. 3 inch high numbers). 15. Secure this structure against unauthorized entry or face closure by the City at your own expense. 16. Parking on unapproved surface(yard,parkway,sidewalk). Vehicle must be removed within hours. PLEASE BEGIN WORK ON THE FOLLOWING WITHIN/Li DAYS AND COMPLETE IN,Z)DAYS OR CITATIONS MAY BE ISSUED AND/OR THE PROPERTY REFERRED FOR A PUBLIC HEARING BEFORE THE APPEALS BOARD. EXTERIOR--Repair or Replace: RO I I LI) PAINT FRONT REAR LEFT RIGHT 17. Foundation/cross vents: Piers,sills,joists,footings. 18. Porch,stairs,posts: Joists,floors,ceilings,steps,landings. 19. Doors,windows,frames: Screens,weatherstrip,broken glass 20. Roof: Reroof. 21. Walls,eaves,trim: Holes,missing siding. 22. Garage,shed,fence: Repair or demolish to code. INTERIOR-Repair or Replace: LIVING DINING HALL KITCHEN BATH BDRM BDRM OTHER 23. Floors,walls,ceilings: 24. Fixtures,wall outlets,switches: 25. Inadequate circuits,exposed wires: 26. Make bathroom floors moisture resistant. 27. Kitchen sink,lavatory,toilet,bath/shower: provide leaks traps _faucet secure connections 28. Water heater: provide 120 degree F(min) vent cold water shut-off gas shut-off T&P valve relocate 29. Provide heating equipment/connections capable of maintaining 68 degrees F in each room. 30. A permit is required. 31. THIS STRUCTURE IS DESIGNATED A HEALTH&SAFETY HAZARD AND SHALL NOT BE OCCUPIED NOR PLACARD REMOVED UNTIL AI,L VIOLATIONS ARE CORRECTED. ,./ • • 32.'Remarks/Other: C i. / 5/t)L- (�'j%L/&,ic.17c',/:I%7�(.�C. (2ct.' 1/izf cc-/-:.S�5(ei/���1/�c't�'"G/'c.C-/�(/5571-r t';111,1-I1`c c£-(T 11AJ', ( IA:'Str..a / out-' ti2i{SH TCif T7 '-�t-' 0 G't3c 1,,e1C7/1//5-f J i IVC11. t r_lLKio-, Li4 -A- s1 ) / / / City Inspector Phone# Signature of Owner/Agent/Person in Control Date Our Mission.. , ...to be responsible stewards of the public trust, to strive for excellence in public service,and '' ' to enhance the quality of life for all. i i -_j ' February 16, 1998 Lanny Payne 3010 West FM 544 Wylie, Texas 75098 Dear Mr. Payne: This letter is to confirm our conversation on January 27, 1998 regarding the Notice of Violation issued to you. All items must be completed by February 27, 1998 or your Certificate of Occupancy will be revoked and you will not be able to operate any type of business at this location. We thank you for your full cooperation in completing this in a timely manner. Sincerely, cocu, pi/tpx„;„...._) Dave Perkins Building Inspector cc: Certified Mail#P 966 993 029 2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302 •s tS Na31s15i r ` Our Mission.. ...to be responsible stewards of the public trust, to strive for excellence in public service,and nn "} i ' to enhance the quality of life for all. } Vi 01e ° February 27, 1998 Lanny Payne 3010 West FM 544 Wylie, Texas 75098 Dear Mr. Payne: I regret to inform you that due to the fact you have not completely complied with the Notice of Violation dated January 27, 1998 and the letter written February 16, 1998 by Dave Perkins that your Certificate of Occupancy is hereby revoked. It is revoked under the authority of Sec. 109.6 of the 1994 Building Code. It will be a violation of the Building Code and Zoning Ordinance for you to continue operating your business from this location without first applying for, and then receiving, a new Certificate of Occupancy. cerely, q, - , ,,\ , _ , r, , c„,_\--, -.A ),. _,. r---) Paul M. Phillips Building Official cc: Certified Mail#P 966 993 018 2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302 t R MEMORANDUM TO: Mike Collins, City Manager FROM: Mike Phillips, Building Official DATE: February 27, 1998 RE: Certificate of Occupancy for 3010 West FM 544 The Certificate of Occupancy for 3010 West FM 544 was revoked for failure to comply with the Notice of Violation(NOV) written on January 27, 1998. 30 day notice was given at that time. A subsequent letter addressed February 16, 1998 reminded the occupant of the deadline. Compliance to the NOV was not obtained by the deadline of February 27,1998 and the Certificate of Occupancy was revoked in writing. A copy was hand delivered to the address and a copy was mailed by Certified Mail. Attached are copies of the NOV and the correspondence. lc .p City of Wylie April 13, 1998 Lanny Payne 1600 Jasmine Lane Plano, Texas 75074 Dr. Mr. Payne: This letter is to issue notice of 10 days to remove all illegally stored items and to clean premises. No visible progress has been made since the revocation of the Certificate of Occupancy towards compliance with the NOV issued January 27, 1998. If property has not been cleaned and is not in full compliance with the City of Wylie, we will remove all illegally stored items and clean the property. All fees and charges incurred by the city will be charged to the property owner. We eagerly await your cooperation completing this matter. I would like to remind you again, it is a violation of the Building Code and Zoning Ordinance for you to continue operating your business from this location without first applying for, and then receiving, a new Certificate of Occupancy. Respectfully, k:),;_\,.....,...-2---.c1),..)..,...—kA_A-,.---.....„/ Dave Perkins Code Enforcement POSTAGE POSTMARK OR DATE oo I Enclosure RETURN RESTRICTED DELIVERY CI- LLI RECEIPT vs- CERTIFIED FEE+RETURN RECEIPT SERVICE DP/cls TOTAL POSTAGE AND FEES z W CC D NO INSURANCE COVERAGE PROVIDED- LL Ca SENT TO: NOT FOR INTERNATIONAL MAIL Q 0 (SEE OTHER SIOEI Q m az oCC Q' iAs ; zY P iiEFi a� Q�- :o p¢ W _I�A,i � sac... L. 4:..: W N2 -ix J2 G.I- PS FORM 3800 US Postal Service Receipt for a Certified Mail o 2 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 Our Mission.. { • ...to be responsible stewards of the public trust, t to strive for excellence in public service, and to enhance the quality of life for all. ttyo1 e r : r ; — April 23, 1998 Jeff Janke, Garland Manager TU Electric/Lone Star Gas 1310 State Highway 66 Garland, Texas 75040 Dear Mr. Janke, I am writing this letter to inform you that the Certificate of Occupancy for 3010 FM 544, Wylie, TX 75098 issued under the name of Lanny Payne has been revoked on February 27, 1998. I am aware that you will not provide utilities to a business that does not have a valid Certificate of Occupancy. Please initiate procedures to disconnect the utilities at the above-mentioned address. If you would, please, contact this office with a summary of these procedures and the date you plan on notifying the occupant so that we may coordinate the disconnection of water service at the same time. Let me know if you require any other information and thank you for your attention to this matter. Si erely, Paul M. Phillips Building Official 2000 Highway 78 North•Wylie,Texas 75098•(972) 442-8100•Fax(972)442-4302 'rs fins DEPARTMENT OF PLANNING MEMORANDUM TO: City Council FROM: Tobin E. Maples,Director of Planning DATE: May 12, 1998 SUBJECT Development Review Process DISCUSSION As you know,the City Council may from time to time, after receiving a final report from the Planning and Zoning Commission and after public hearings required by state law, amend or change the boundaries of zoning districts. At tonight's meeting,Pat Atkins may ask the City Council to negotiate from the podium a rezoning request on Lakeside Estates Phase III incorporating information and changes that have not gone through the four(4)step review process described below and not yet heard by the Planning and Zoning Commission. As a result, and in order to ensure proposed changes receive appropriate review, we respectfully request that Council reinforce the integrity of the planning function and development review process. Specifically, we ask that any proposed changes be routed back through the development review cycle so that the Planning and Zoning Commission and Staff can consider any proposed modifications. It is our opinion that each and every development is unique and, therefore, warrants individual and thorough review. The intent of the review process is to facilitate a thorough four(4) step evaluation of individual developmental proposals. Specifically, the development review process entails an initial meeting between the applicant and the Planning Department, a thorough in-house(Development Issues Team) review, and Planning and Zoning Commission and City Council public hearings. The basic premise is to ensure consistency of the quality and type of development within the city and,therefore,provide current property owners and businesses some level of comfort regarding future development. In conclusion,I would like to reiterate that planning efforts need to seek patterns that build and reinforce a sense of community. We are confident that the development review process, if reinforced, will prove to be an asset as we develop ideas and plans charged with addressing the concerns of our citizenry and ensuring the community is prepared to meet the many challenges associated with managing growth and development. Thank you for the opportunity to work energetically within this organization. cc: Mike Collins, City Manager Mindy Manson, Assistant to the City Manager i '114 V 0 U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Ave.,N.W. Washington,D.C.20530 Dear Colleague: I am pleased to announce that the COPS Office is offering another innovative community policing program, "School-Based Partnerships: School-Related Crime Prevention and Safety Initiative." Law enforcement agencies awarded funding under this solicitation will work with schools or community partners to address a persistent school-related crime or disorder problem in an innovative way. Up to $12 million is available under this program. The COPS Office is seeking competitive proposals from agencies that are committed to both the philosophy of community policing and to engagement in a partnership to analyze a crime or disorder problem, implement tailored responses, and assess the impact of those responses. We expect School-Based Partnerships to be an extremely competitive program. Before requesting an application kit, please review the enclosed fact sheet, which provides a brief summary of the program and an overview of the application requirements. This information should assist you in determining if your agency will meet the requirements of this solicitation. Application kits will become available in late April and submissions will be due June 15, 1998. If you would like to request an application kit, or have questions about the School-Based Partnerships program, please contact the U.S. Department of Justice Response Center at 1-800- 421-6770. Sincerely, 7:7)6-C-4aviit,\, Joseph E. Brann Director -, t ,4Cr