01-14-2003 (City Council) Agenda Packet ACTION AGENDA
WYLIE CITY COUNCIL
TUESDAY, JANUARY 14, 2003
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North Action Taken
Wylie,Texas 75098
CALL TO ORD R 6
AVOCATION& PLED EO "ALL aG C
PROCLAMATIONS i.P SENTA T.I O.NS
Presentation made by Mayor and
Mayor Pro Tern
• WISD Character Education Recognition of Star Students for demonstrating
the character traiit+r of"Self Discipline"
; IT 'N P 1`I 'ATON None
Approved Items A-C
7-0
A. Consider and act upon the approval of a resolution authorizing the
Mayor to execute a License Agreement between the City and Dallas
Area Rapid Transit for the installation of a 21-inch and a 30-inch
storm sewer for the Westgate Hollow subdivision.
B. Consider and act upon the approval of a resolution authorizing the
Mayor to execute a License Agreement between the City and Dallas
Area Rapid Transit for the installation of an 8-inch waterline crossing
generally located at the north end of Commerce Drive.
C. Consider and act upon approval for Work Order No. WYL-47
authorizing the Hogan Corporation to proceed with design of pump
additions to the Newport Harbor Pump Station.
.01VIbUAL CONSIDERA 'ION
Removed from the Table
Tabled Item Approved 6-1
Trout voting in opposition
Ordinance No.2003-01
1. Hold a Public Hearing to consider and act upon a change in zoning from
Agriculture (A) to Planned Development (PD) for mixed uses, including
commercial and residential of various densities and housing types. Generally
located south of F.M. 544 and west of Country Club Drive, being three
separate parcels totaling 157.2888 acres,Parcel 1 being a 37.3823 acre tract of
land situated in the I&GN Railroad Company Survey,Abstract No. 1061 and
L.K. Pegues Survey, Abstract No. 703, Parcel 2 being a 68.3705 acre tract of
land situated in the L.K.Pegues Survey,Abstract No. 703,and Parcel 3 being
a 51.5360 acre tract of land situated in the W.M. Sachse Survey,Abstract No.
835,City of Wylie,Collin County,Texas. (Zoning Case 2002-18)
Action Taken
Award of Contract
2. Consider and act upon authorizing the City Manager to execute and Approved
7-0
award a contract to Birkhoff, Hendricks, & Comway, L.L.P.,
Consulting Engineers, in the amount of $93,500 for engineering
services to update the water, wastewater and roadway impact fees for
the City of Wylie.
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EXECUTI SESSIo Convened into Executive
• In accordance with Chapter 551, Government Code, Vernon's Texas Code Sessional 7:00 p.m.
Annotated (Open Meeting Act), Section 551.071 Consultation with
Attorney; pending or contemplated litigation (Wastewater Treatment
Plant); and Section 551.074 Personnel Matters to deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee; (City Manager's Evaluation)
CO VEN I T > rEmme a.: N Reconvened i ... .. convene p.m.
Take any action as a result of the Executive Session.
::: Adjourned p.ni.
NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, JANUARY 14, 2003
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference'loom
2000 State Highway 78 North
Wylie, Texas 75098
Action Taken
biteMatIONNENNOMVIONENNEMEMINIMMEINIMEMINIE
• WISD Character Education Recognition of Star Students for demonstrating the character trait
of"Self Discipline"
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tkitootisocitenctillikikanovottitoinitheeintittatadtairtdoctodetowitawaiong:
A. Consider and act upon the approval of a resolution authorizing the Mayor to execute a
License Agreement between the City and Dallas Area Rapid Transit for the installation
of a 21-inch and a 30-inch storm sewer for the Westgate Hollow subdivision.
B. Consider and act upon the approval of a resolution authorizing the Mayor to execute a
License Agreement between the City and Dallas Area Rapid Transit for the installation
of an 8-inch waterline crossing generally located at the north end of Commerce Drive.
C. Consider and act upon approval for Work Order No. WYL-47 authorizing the Hogan
Corporation to proceed with design of pump additions to the Newport Harbor Pump
Station.
Tabled Item
1. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to
Planned Development (PD) for mixed uses, including commercial and residential of various
densities and housing types. Generally located south of F.M. 544 and west of Country Club
Drive,being three separate parcels totaling 157.2888 acres,Parcel 1 being a 37.3823 acre tract of
land situated in the I&GN Railroad Company Survey, Abstract No. 1061 and L.K. Pegues
Survey,Abstract No. 703,Parcel 2 being a 68.3705 acre tract of land situated in the L.K.Pegues
Survey,Abstract No. 703, and Parcel 3 being a 51.5360 acre tract of land situated in the W.M.
Sachse Survey,Abstract No. 835,City of Wylie,Collin County,Texas. (Zoning Case 2002-18)
Executive Summary
The public hearing was opened at the December 10,2002 Council Meeti.ig. The item was discussed and tabled to the
first Council Meeting in January.The major points of discussion were alleys,masonry,parking spaces,and open space.
Award of Contract
2. Consider and act upon authorizing the City Manager to execute and award a contract
to Birkhoff, Hendricks, & Comway, L.L.P., Consulting Engineers, in the amount of
$93,500 for engineering services to update the water, wastewater and roadway impact
fees for the City of Wylie.
Executive Summary
During the recent Legislative Session, Senate Bill 243(SB243)was enacted which resulted in several amendments to
impact fee regulations.As summarized by'FML, the legislation,which was effective September 1,2001 requires that
the city give credit for that portion of property tax and utility revenue generated by new service units during the
program period that is used for the payment of improvements,including the payment of debt, that are included in the
capital improvement plan.In the alternative,the city may give a credit equal to 50 percent of the total projected cost of
implementing the capital improvement plan. Due to the changes in Chapter 395 of the Local Government Code, the
City adopted an impact fee equal to 50% of the maximum calculated fee. The proposed Engineering Services
Agreement will calculate a maximum impact fee including a property tax and utility revenue credit. The update will
also incorporate new population projections and land use assumptions, which will be provided by the City. A
summary of fees is included with the agenda item.
•
• In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open
Meeting Act), Section 551.071 Consultation with Attorney; pending or contemplated
litigation(Wastewater Treatment Plant); and Section 551.074 Personnel Matters to deliberate
the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee; (City Manager's Evaluation)
Take any action as a result of the Executive Session.
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point
during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those
exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,
will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this day of ,2003 at 5:00 p.m. as
required by law in accordance iith Section 551.042 of the Texas Government Code and that the appropriate
news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at
wiiw.ci.wvlie.tx.us
City Secretary
Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TT)
972/442-8170.
Page 2 of 2
WYLIE CITY COUNCIL
AGENDA ITEM NO. A_
January 14, 2003
Issue
Consider and act upon the approval of a resolution authorizing the Mayor to execute a License
Agreement between the City and Dallas Area Rapid Transit for the installation of a 21-inch and a
30-inch storm sewer for the Westgate Hollow subdivision.
Background
The proposed resolution will authorize the Mayor to execute a License Agreement with DART
for the installation of a 21-inch and a 30-inch storm sewer and related appurtenances, which
will discharge storm sewer from the Westgate Hollow development into the DART right-of-
way. The developer of the Westgate Hollow subdivision will install the storm sewer
improvements.
Other Considerations
N/A
Financial Consideration
A $600 yearly fee is required by DART for the storm sewer improvements. The Westgate
Hollow developer has agreed to pay the first five years of the agreement or$3000.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval of the proposed Resolution.
Attachments
Resolution
License Agreement
cLil
Prepared by Reviewed by Finance City Ma Approval
CITY OF WYLIE, TEXAS
RESOLUTION NO.
WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of
constructing, installing, maintaining, and operating one (1) 21-inch RCP for storm sewer water
with a Type `B" headwall on the eastern end of the subdivision and one (1) 30-inch RCP for
storm sewer water with a Type "B" headwall on the western end of the subdivision, and the
longitudinal surface drainage beyond each of the outfall headwalls, (the "Permitted
Improvement") adjacent to the Cotton Belt Line, east of Westgate Way, at Mile Post 580.74, and
Mile Post 580.89, Wylie, Collin County, Texas.
WHEREAS, the City Council of the City of Wylie has determined the need exits for the approval
of this License Agreement to allow for the installation of one (1) 21-inch RCP for storm sewer
water with a Type `B" headwall and one (1) 30-inch RCP for storm sewer water with a Type `B"
as previously described; and
WHEREAS, the City Council of the City of Wylie does hereby approve the License Agreement
for the purposes of constructing, installing, maintaining, and operating one (1) 21-inch RCP for
storm sewer water with a Type `B" headwall on the eastern end of the subdivision and one (1)
30-inch RCP for storm sewer water with a Type `B" headwall on the western end of the
subdivision, and the longitudinal surface drainage beyond each of the outfall headwalls, (the
"Permitted Improvement") adjacent to the Cotton Belt Line, east of Westgate Way, at Mile Post
580.74, and Mile Post 580.89, Wylie, Collin County, Texas.
NOW, THEREFORE, BE IT RESOLVED BY 'ME CITY COUNCIL OF THE CITY OF
WYLIE, that the Mayor is authorized to sign the Standard Construction Agreement and
Contractor's Right of Entry.
APPROVED:
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
AGREEMENT NO.
LICENSE AGREEMENT
THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional
transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation
Code, V.A.T.C.S., as amended (the "Act") and the CITY OF WYLIE ("Licensee"), a municipal
corporation acting herein by and through its duly authorized city manager, whose mailing address is
2000 Highway 78 North, Wylie, Texas 75098.
WITNESSETH:
I. Purpose. DART hereby grants a license to Licensee for the purposes of constructing, installing,
maintaining and operating one (1)21-inch RCP for storm sewer water with a Type"B"headwall on the
eastern end of the subdivision and one (1) 30-inch RCP for storm sewer water with a Type `B"
headwall on the western end of the subdivision, and the longitudinal surface drainage beyond each of
the outfall headwalls, (the "Permitted Improvement")adjacent to the Cotton Belt Line, east of Westgate
Way, at Mile Post 580.74, and Mile Post 580.89, Wylie, Collin County, Texas, more particularly
described as shown in Exhibit "A", attached hereto and incorporated herein for all pertinent purposes,
(the "Property").
The Property shall be used by Licensee solely for the purpose of operating and maintaining the
Permitted Improvements (the "Permitted Use"). Licensee's right to enter upon and use the Property
shall be limited solely to the Permitted Use and the Permitted Improvements in accordance with the
signed and sealed plans, dated July 19, 2002, submitted by Carter & Burgess, Inc., and approved by
DART.
2. Term. The term of this License shall begin on the 1st day of September, 2002 (the "Term") and
continue thereafter until terminated by either party as provided herein.
3. Consideration
3.01 The consideration for the granting of this License shall be (a) payment by Licensee to
DART the sum of SIX HUNDRED AND NO/100 ($600.00)DOLLARS per annum, payable annually
in advance (the "Licensee Fee"), and (b) the performance by Licensee of each of the obligations
undertaken by Licensee in this License.
a) The adjustment and change in the Basic Rent shall be determined according to the cost of
living changes in the Consumer Price Index for All Urban Consumers — (CPI-U), Dallas-
Fort Worth, TX., "All Items", as published by the Bureau of Labor Statistics, U.S.
Department of Labor(the"CPI Index").
b) The CPI Index figure for the month of September 2002 is hereby fixed and established as the
Base Index Figure in the computation of adjustment of rentals herein provided for. At the
commencement of each annual period as provided herein, the CPI Index for the month of
July of such year shall be ascertained and noted and the rent for the next annual period shall
be adjusted by increasing or decreasing the Basic Rent, percentage-wise as the CPI Index for
the month of September has increased or decreased as compared with the Base Index Figure
as herein fixed, PROVIDED HOWEVER, that under no circumstances shall the Basic Rent
ever be less than $600.00 per year.
c) If any time during the term hereof the U.S. Bureau of Labor Statistics shall discontinue the
L:\Agreements\DART\License\Cotton Belt\Wylie-Westgate.doc 1 of 6 Mile Post 581.0
issuance of the CPI Index, the parties shall use any other standard nationally recognized
cost-of-living index for the Dallas-Fort Worth area then issued and available, which is
published by the U.S. Government.
3.02 Any payment not received by DART by the 10th day after it is due, shall bear a late
charge of$25.00 to help offset the administrative cost involved in handling such late payment.
3.03 For any payment not received by DART by the 15th day after it is due, such payment
shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to
the late charge.
4. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing utility,
drainage or communication facility located in, on, under, or upon the Property owned by DART, any
railroad, utility, or communication company, public or private; (b) to all vested rights presently owned
by any railroad, utility or communication company, located within the boundaries of the Property; and
(c) to any existing lease, license or other interest in the Property granted by DART to any individual,
corporation or other entity, public or private.
5. Construction, Operation and Maintegance. DART's use of the Property and adjoining property
may include the use of electrically powered equipment. Notwithstanding DART's inclusion within its
system of measures designed to reduce stray current which may cause corrosion. Licensee is hereby
warned that such measures may not prevent electrical current being present in proximity to the
Permitted Improvements and that such presence could produce corrosive effects to the Permitted
Improvements.
5.01. All design, construction,reconstruction,replacement, removal,operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in
any way with the operations of DART or other railroad operations. In particular, cathodic protection or
other stray current corrosion control measures of the Permitted Improvements as required shall be made
a part of the design and construction of the Permitted Improvements.
5.02. During the design phase and prior to commencing any construction on the Property, a
copy of the construction plans showing the exact location, type and depth of the construction, any
cathodic protection measures and any working area, shall be submitted for written approval to DART
and Railroad(the "Railroad", whether one or more.) Such approval shall not be unreasonably withheld.
No work shall commence until said plans have been approved by DART.
5.03. By acceptance of this license, Licensee agrees to design and construct the Permitted
Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees
to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement.
5.04 By acceptance of this license, Licensee covenants and agrees to institute and maintain a
reasonable testing program to determine whether or not additional cathodic protection of its Permitted
Improvements is necessary and if it is or should become necessary, such protection shall be
immediately instituted by Licensee at its sole cost and expense.
5.05. Absence of markers does not constitute a warranty by DART that there are no
subsurface installations on the Property.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies,
federal, state or local,required to carry on any activity permitted herein.
L:\Agreements\DART\License\Cotton Belt\Wylie-Westgate.doc 2 of 6 Mile Post 581.0
7. DART's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's
Standard Contractors Agreement covering such work, and has furnished insurance coverage in such
amounts and types as shall be satisfactory to DART. A company-issued photo identification of
Licensee's employees, contractors or agents shall be required to work on the Property.
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation
on or about the Property and any adjacent property owned by or under the control of DART. If the
failure to use reasonable care by the Licensee or its contractor causes damage to the Property or any
adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at
no cost or expense to DART. If Licensee or its contractor fails or refuses to make or effect any such
repair or replacement, DART shall have the right, but not the obligation, to make or effect any such
repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees
to pay to DART upon demand.
9. Environmental Protection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any laws pertaining to health or the environment, including without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the
Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas
Solid Waste Disposal Act.
9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all
steps necessary to insure that no such hazardous substance or solid waste will ever be discharged onto
the Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified
in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as
to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to
the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of
the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or
"disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning
shall apply.
9.04. Licensee shall indemnify and hold DART harmless against all cost of environmental clean
up to the Property resulting from Licensee's use of the Property under this Agreement.
10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on,
or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature
to be affixed against the Property by reason of any work done or materials furnished to the Property at
Licensee's instance or request.
11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by
the Licensee in such a manner as to keep the Property in a good and safe condition with respect to
Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery,
DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have
remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but
not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART
L:\Agreements\DART\License\Cotton Belt\Wylie-Westgate.doc 3 of 6 Mile Post 581.0
exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs
incurred by DART upon demand.
12. Future Use by DART.
12.01. This license is made expressly subject and subordinate to the right of DART to use the
Property for any purpose whatsoever.
12.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its
sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or
convenient for DART's use of the Property, Licensee shall, at its sole cost and expense relocate said
Permitted Improvements so as not to interfere with DART's or DART's assigns use of the Property. In
this regard, DART may, but is not obligated to, designate other property for the relocation of the
Permitted Improvements. A minimum of thirty(30)days written notice for the exercise of one or more
of the above actions shall be given by DART.
13. Duration of License. This license shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event
Licensee shall relocate the Permitted Improvements from the Property; (c) upon termination in
accordance with paragraph 18 of this Agreement,whichever event first occurs.
14. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdiction over the
Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or
other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold DART harmless
from any failure to so abide and all actions resulting therefrom.
15. Indemnification.
15.01. Licensee shall defend, protect, and keep DART and the Railroad forever harmless and
indemnified against and from any penalty or damage or charge imposed for any violation of any law,
ordinance, rule or regulation arising out of the use of the Property by Licensee, its employees, officers,
agents, contractors, or assigns, or those holding under Licensee;
15.02. Licensee shall at all times protect, indemnify and it is the express intention of the
parties hereto that Licensee hold DART and the Railroad harmless against and from any and all loss,
cost, damage or expense, including attorney's fees, arising out of or from any accident or other
occurrence on or about said Property resulting from use of the Property by Licensee, its officers,
employees, agents, customers and invitees;
15.03. Licensee shall at all times protect, indemnify and hold DART and the Railroad harmless
against and from any and all loss, cost, damage or expense, including attorney's fees arising out of any
failure of Licensee, its employees, officers, agents, contractors or assigns in any respect to comply with
and perform all the requirements and provisions hereof.
16. Action Upon Termination of Licensee At such time as this license may be terminated or canceled
for any reason whatever, Licensee, upon request by DART, shall remove all improvements and
appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property
to the condition satisfactory to DART, at Licensee's sole expense.
17. Assignment. Licensee shall not assign or transfer its rights under this Agreement in whole or in
part, or permit any other person or entity to use the License hereby granted without the prior written
L:\Agreements\DART\License\Cotton Belt\Wylie-Westgate.doc 4 of 6 Mile Post 581.0
consent of DART which DART is under no obligation to grant.
18. Methods of Termination. This Agreement may be terminated in any of the following ways:
18.01. Written Agreement of both parties;
18.02. By either party giving the other party thirty(30)days written notice;
18.03. By either party, upon failure of the other party to perform its obligations as set forth in
this Agreement.
19. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvements
on the Property shall be subsequent to the acquisition of the Property by DART and that the Licensee
does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the
payment of any and all relocation benefits and that all costs associated with any relocation of such
Improvements shall be borne by the Licensee.
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S.
Mail, Certified, Return Receipt Requested,and addressed to the parties at the following addresses:
DART: Dallas Area Rapid Transit
1401 Pacific Avenue OR P. O. Box 660163
Dallas, Texas 75202 Dallas, Texas 75266-7210
ATTN: Railroad Management
LICENSEE: City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
20.02. Attorney Fees. Any signatory to this Agreement who is the prevailing party in any legal
proceeding against any other signatory brought under or with relation to this Agreement shall be
entitled to recover court costs and reasonable attorney fees from the non-prevailing party.
20.03. Governing Law. This Agreement shall be construed under and in accordance with the
laws of the State of Texas.
20.04. Entirety and Amendments. This Agreement embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, relating to the Property and the
matters addressed herein, and may be amended or supplemented only by a written instrument executed
by the party against whom enforcement is sought.
20.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
20.06. Number and Gender. Words of any gender used in this Agreement shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
•
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IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this
day of , 2002.
LICENSOR: DALLAS AREA RAPID TRANSIT
BY:.
KATHRYN D. WATERS
Vice President
Commuter Rail & Railroad Management
LICENSEE: CITY OF WYLIE
BY:,
Printed Name:
Title:
APPROVED AS TO FORM:
DART General Counsel
L:\Agreements\DART\License\Cotton Belt\Wylie-Westgate.doc 6 of 6 Mile Post 581.0
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WYLIE CITY COUNCIL
AGENDA ITEM NO. b
January 14, 2003
Issue
Consider and act upon the approval of a resolution authorizing the Mayor to execute a License
Agreement between the City and Dallas Area Rapid Transit for the installation of an 8-inch
waterline crossing generally located at the north end of Commerce Drive.
Background
The installation of an 8-inch water line crossing the Cotton Belt Line generally located at the
north end of Commerce Drive will eliminate a dead end waterline as well as looping the water
system within the Westgate Hollow development. The proposed resolution will authorize the
Mayor to execute the agreement with DART. A License Agreement and yearly fee is
necessary because the crossing is not located within a dedicated street right-of-way. The
waterline will be installed by the developer of the Westgate Hollow subdivision.
Other Considerations
N/A
Financial Consideration
A $600 yearly fee is required by DART for the waterline crossing. The Westgate Hollow
developer has agreed to pay the first five years of the agreement or $3000.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval of the proposed Resolution.
Attachments
Resolution
License Agreement
Prepared by Reviewed by Finance City manager proval
Dallas Area Rapid Transit
P.O. Box 660163
DART Dallas,Texas 75266-0163
214/749-3278
October 30, 2002
Mr. Chris Hoisted
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Re: License Agreement and Standard Construction Agreement and Contractor's Right of
Entry for construction, installation, maintenance and operation of one 8-inch underground
water line crossing the Cotton Belt Line Corridor at Mile Post 580.72 along the west side
of Commerce Drive, Wylie, Collin County, Texas.
Dear Mr. Hoisted:
Enclosed are three (3) copies of the above-referenced License Agreement for execution. Please
see that all three copies of each License Agreement are signed by the City Manager or Mayor of
the City of Wylie and returned to us along with 1) the first annual payment of$600.00, and 2) a
copy of the City Council Resolution authorizing the License Agreement. Upon signature of an
authorized official for Dallas Area Rapid Transit, one fully-executed original License Agreement
will be returned for your records.
Please see that all three copies of the enclosed Standard Construction Agreement and
Contractor's Right of Entry are forwarded to your contractor and signed by the president or a
vice president of the company and returned to my attention together with evidence of insurance
which meets the requirements set forth on pages 2-4 of the Standard Construction Agreement.
No work within the DART right of way is authorized until these documents are signed and
evidence of insurance is approved by DART's Risk Management Department.
If I can be of further assistance, please contact me at (214) 749-3619.
Very truly yours,
Frances Wilson
Right of Way Representative
Commuter Rail & Railroad Management
Enclosures
L:\Letters\DART\Transmittals\Wylie-l-Water-Commerce.doc
CITY OF WYLIE, TEXAS
RESOLUTION NO.
WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of
constructing, installing, maintaining, and operating one (1) 8-inch waterline (the "Permitted
Improvement") crossing the Cotton Belt Line, at the West side of Commerce Drive, at Mile Post
580.72, in Wylie, Collin County, Texas; and
WHEREAS, the City Council of the City of Wylie has determined the need exits for the approval
of this License Agreement to allow for the installation of one (1) buried 8-inch water line as
previously described; and
WHEREAS, the City Council of the City of Wylie does hereby approve the License Agreement
for the purposes of constructing, installing, maintaining and operating one (1) 8-inch waterline
(the "Permitted Improvement") crossing the Cotton Belt Line, at the West side of Commerce
Drive, at Mile Post 580.72 in Wylie, Collin County, Texas; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, that the Mayor is authorized to sign the Standard Construction Agreement and
Contractor's Right of Entry.
APPROVED:
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
AGREEMENT#
LICENSE AGREEMENT
THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional
transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation
Code, V.A.T.C.S., as amended (the "Act") and the CITY OF WYLIE ("Licensee"), a municipal
corporation acting herein by and through its duly authorized city manager, whose mailing address is
2000 Highway 78 North, Wylie, Texas 75098.
WITNESSETH:
1. Purpose. DART hereby grants a license to Licensee for the purposes of constructing, installing,
maintaining and operating one (1) 8-inch waterline (the "Permitted Improvement") crossing the Cotton
Belt Line, at the West side of Commerce Drive, at Mile Post 580.72, in Wylie, Collin County, Texas,
more particularly described as shown in Exhibit "A" attached hereto and incorporated herein for all
pertinent purposes, (the "Property").
The Property shall be used by Licensee solely for the purpose of operating and maintaining the
Permitted Improvement(the "Permitted Use"). Licensee's right to enter upon and use the Property shall
be limited solely to the Permitted Use and the Permitted Improvement.
2. Term. The term of this License shall begin on the 15` day of October, 2002 (the "Term") and
continue thereafter until terminated by either party as provided herein.
3. Consideration.
3.01 The consideration for the granting of,this License shall be(a)payment by Licensee to DART the
sum of SIX HUNDRED AND NO/100 ($600.00)DOLLARS per annum, payable annually in advance
(the "Licensee Fee"), and (b) the performance by Licensee of each of the obligations undertaken by
Licensee in this License.
a) The adjustment and change in the Basic Rent shall be determined according to the cost of
living changes in the Consumer Price Index for All Urban Consumers — (CPI-U), Dallas-
Fort Worth, TX., "All Items", as published by the Bureau of Labor Statistics, U.S.
Department of Labor(the"CPI Index").
b) The CPI Index figure for the month of September 2001 is hereby fixed and established as the
Base Index Figure in the computation of adjustment of rentals herein provided for. At the
commencement of each annual period as provided herein, the CPI Index for the month of
June of such year shall be ascertained and noted and the rent for the next annual period shall
be adjusted by increasing or decreasing the Basic Rent, percentage-wise as the CPI Index for
the month of June has increased or decreased as compared with the Base Index Figure as
herein fixed, PROVIDED HOWEVER, that under no circumstances shall the Basic Rent
ever be less than $600.00 per year.
c) If any time during the term hereof the U.S. Bureau of Labor Statistics shall discontinue the
issuance of the CPI Index, the parties shall use any other standard nationally recognized
cost-of-living index for the Dallas-Fort Worth area then issued and available, which is
published by the U.S. Government.
Wylie-8"Water Commerce Page 1 of 6 Mile Post580.72
3.02 Any payment not received by DART by the 10th day after it is due, shall bear a late charge of
$25.00 to help offset the administrative cost involved in handling such late payment.
3.03 For any payment not received by DART by the 15th day after it is due, such payment shall bear
interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late
charge.
4. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing utility,
drainage or communication facility located in, on, under, or upon the Property owned by DART, any
railroad, utility, or communication company, public or private; (b) to all vested rights presently owned
by any railroad, utility or communication company, located within the boundaries of the Property; and
(c) to any existing lease, license or other interest in the Property granted by DART to any individual,
corporation or other entity,public or private.
5. Construction, Operation and Maintenance. DART's use of the Property and adjoining property
may include the use of electrically powered equipment. Notwithstanding DART's inclusion within its
system of measures designed to reduce stray current which may cause corrosion. Licensee is hereby
warned that such measures may not prevent electrical current being present in proximity to the
Permitted Improvements and that such presence could produce corrosive effects to the Permitted
Improvements.
5.01. All design, construction,reconstruction,replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in
any way with the operations of DART or other railroad operations. In particular, cathodic protection or
other stray current corrosion control measures of the Permitted Improvements as required shall be made
a part of the design and construction of the Permitted Improvements.
5.02. During the design phase and,prior to commencing any construction on the Property, a
copy of the construction plans showing the exact location, type and depth of the construction, any
cathodic protection measures and any working area, shall be submitted for written approval to DART
and Railroad(the "Railroad",whether one or more.) Such approval shall not be unreasonably withheld.
No work shall commence until said plans have been approved by DART.
5.03. By acceptance of this license, Licensee agrees to design and construct the Permitted
Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees
to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement.
5.04 By acceptance of this license, Licensee covenants and agrees to institute and maintain a
reasonable testing program to determine whether or not additional cathodic protection of its Permitted
Improvements is necessary and if it is or should become necessary, such protection shall be
immediately instituted by Licensee at its sole cost and expense.
5.05. Absence of markers does not constitute a warranty by DART that there are no
subsurface installations on the Property.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies,
federal, state or local, required to carry on any activity permitted herein.
7. DART's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's
Standard Contractors Agreement covering such work, and has furnished insurance coverage in such
Wylie-8"Water Commerce Page 2 of 6 Mile Post580.72
amounts and types as shall be satisfactory to DART. A company-issued photo identification of
Licensee's employees, contractors or agents shall be required to work on the Property.
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation
on or about the Property and any adjacent property owned by or under the control of DART. If the
failure to use reasonable care by the Licensee or its contractor causes damage to the Property or any
adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at
no cost or expense to DART. If Licensee or its contractor fails or refuses to make or effect any such
repair or replacement, DART shall have the right, but not the obligation, to make or effect any such
repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees
to pay to DART upon demand.
9. Environmental Protection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any laws pertaining to health or the environment, including without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the
Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas
Solid Waste Disposal Act.
9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all
steps necessary to insure that no such hazardous substance or solid waste will ever be discharged onto
the Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified
in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as
to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to
the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of
the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or
"disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning
shall apply.
9.04. Licensee shall indemnify and hold DART harmless against all cost of environmental clean
up to the Property resulting from Licensee's use of the Property under this Agreement.
10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on,
or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature
to be affixed against the Property by reason of any work done or materials furnished to the Property at
Licensee's instance or request.
11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by
the Licensee in such a manner as to keep the Property in a good and safe condition with respect to
Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery,
DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have
remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but
not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART
exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs
incurred by DART upon demand.
Wylie-8"Water Commerce Page 3 of 6 Mile Post580.72
12. Future Use by DART.
12.01. This license is made expressly subject and subordinate to the right of DART to use the
Property for any purpose whatsoever.
12.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its
sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or
convenient for DART's use of the Property, Licensee shall, at its sole cost and expense relocate said
Permitted Improvements so as not to interfere with DART's or DART's assigns use of the Property. In
this regard, DART may, but is not obligated to, designate other property for the relocation of the
Permitted Improvements. A minimum of thirty(30)days written notice for the exercise of one or more
of the above actions shall be given by DART.
13. Duration of License. This license shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event
Licensee shall relocate the Permitted Improvements from the Property; (c) upon termination in
accordance with paragraph 18 of this Agreement, whichever event first occurs.
14. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdiction over the
Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or
other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless
from any failure to so abide and all actions resulting therefrom.
15. Indemnification.
15.01. Licensee shall defend, protect, and keep DART and the Railroad forever harmless and
indemnified against and from any penalty or damage or charge imposed for any violation of any law,
ordinance, rule or regulation arising out of the use of the Property by Licensee, its employees, officers,
agents, contractors, or assigns, or those holding under Licensee;
15.02. Licensee shall at all times protect, indemnify and it is the express intention of the
parties hereto that Licensee hold DART and the Railroad harmless against and from any and all loss,
cost, damage or expense, including attorney's fees, arising out of or from any accident or other
occurrence on or about said Property resulting from use of the Property by Licensee, its officers,
employees, agents, customers and invitees;
15.03. Licensee shall at all times protect, indemnify and hold DART and the Railroad harmless
against and from any and all loss, cost, damage or expense, including attorney's fees arising out of any
failure of Licensee, its employees, officers, agents, contractors or assigns in any respect to comply with
and perform all the requirements and provisions hereof.
16. Action Upon Termination of License. At such time as this license may be terminated or canceled
for any reason whatever, Licensee, upon' request by DART, shall remove all improvements and
appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property
to the condition satisfactory to DART, at Licensee's sole expense.
17. Assignment. Licensee shall not assign or transfer its rights under this Agreement in whole or in
part, or permit any other person or entity to use the License hereby granted without the prior written
consent of DART which DART is under no obligation to grant.
18. Methods of Termination. This Agreement may be terminated in any of the following ways:
Wylie-8"Water Commerce Page 4 of 6 Mile Post580.72
18.01. Written Agreement of both parties;
18.02. By either party giving the other party thirty(30)days written notice;
18.03. By either party, upon failure of the other party to perform its obligations as set forth in
this Agreement.
19. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvements
on the Property shall be subsequent to the acquisition of the Property by DART and that the Licensee
does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the
payment of any and all relocation benefits and that all costs associated with any relocation of such
Improvements shall be borne by the Licensee.
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S.
Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
DART: Dallas Area Rapid Transit
1401 Pacific Avenue OR P. O. Box 660163
Dallas, Texas 75202 Dallas, Texas 75266-7210
ATTN: Railroad Management
LICENSEE: City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
20.02. Attorney Fees. Any signatory to this Agreement who is the prevailing party in any legal
proceeding against any other signatory brought under or with relation to this Agreement shall be
entitled to recover court costs and reasonable attorney fees from the non-prevailing party.
20.03. Governing Law. This Agreement shall be construed under and in accordance with the
laws of the State of Texas.
20.04. Entirety and Amendments. This Agreement embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, relating to the Property and the
matters addressed herein, and may be amended or supplemented only by a written instrument executed
by the party against whom enforcement is sought.
20.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
20.06. Number and Gender. Words of any gender used in this Agreement shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this
day of , 2002.
Wylte-8"Water Commerce Page 5 of 6 Mile Post580.72
LICENSOR: DALLAS AREA RAPID TRANSIT
BY:
KATHRYN D. WATERS
Vice President
Commuter Rail &Railroad Management
LICENSEE: CITY OF WYLIE
BY:
Printed Name:
Title:
APPROVED AS TO FORM:
DART General Counsel
Wylie-8"Water Commerce Page 6 of 6 Mile Post580.72
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C86 JOB No.02,26-901
WYLIE CITY COUNCIL
AGENDA ITEM NO. C C .
January 14, 2003
Issue
Consider and act upon approval for Work Order No. WYL-47 authorizing the Hogan Corporation
to proceed with design of pump additions to the Newport Harbor Pump Station.
Background
The Newport Harbor Pump Station is designed to provide water to the western portions of the City.
The construction of the pump station included the piping and associated appurtenances for four
pumps to allow for future expansion of the station. Initially, two 600 gpm pumps were installed, and
based on updated population projects, the City will need an additional 5,000 gpm service pump
capacity by 2005 to meet TNRCC requirements. The proposal includes piping, electrical and control
design for the installation of two additional pumps of 2,500 gpm each.
Financial Considerations
The Newport Harbor Pump Station and the additional pumping capacity are identified in the 10-year
Water System CIP and are included in the water impact fee c.lculation. Funding for the design and
construction will be from water impact fees. Projected construction cost for the project is $129,000.
The total engineering fee for the project is $17,800 and a detailed breakdown is shown below.
Summary of Fees
Design Phase Engineering 10,800
Bid Phase 1,500
Construction Phase 5,500
Total Fee $17,800
Other Considerations
The scope of the proposed services are to be performed in accordance with the applicable sections
of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and
the Hogan Corporation (Engineer), as approved on July 27, 1993.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval of Work Order No. WYL-47.
Attachments
Work Order No. WYL-47
(L/4 4`,-)
Prepared by Reviewed by Finance City Man er proval
WORK ORDER FOR PROFESSIONAL SERVICES
WORK ORDER NO. WYL-47
This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation,
Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described
engineering services.
NEWPORT HARBOR PUMP STATION
PUMP ADDITION
A. PROJECT DESCRIPTION
The Engineer shall perform the Design and Construction Phase Services and such other
related Additional Services that may be authorized by the Owner for the Newport Harbor
Pump Station Pump Addition. The proposed improvements include the installation of two
(2) 2,500 gpm horizontal split-case pumps inside of the existing pump station building,
including piping and valving, and associated electrical and control improvements.
The services described herein are to be performed in accordance with the applicable
sections of the Agreement for Engineering Services by and between the City of Wylie,
Texas (Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993.
B. PRE-WORK CONFERENCE
The Engineer will meet with the Owner and other appropriate entities to discuss the design
criteria, work program and schedule, procedures of communication, additional surveys,
assignments of personnel, and any other matters that may have a direct or indirect effect
upon the completion and results of this project. Other work and review conferences will be
scheduled throughout the progress of developing the project.
C. DESIGN PHASE
1. Preliminary Design
a. Confirm the design requirements, funding, and schedules with the Owner.
b. Review the existing conditions at the project site to identify areas of special
concern in design and possible problems to resolve.
-1-
c. Establish priorities for construction and scheduling for coordination with
other projects in the area.
2. Final Plans and Specifications
a. Prepare final construction plans, sections, and details.
b. Prepare technical specifications for the proposed improvements.
c. Prepare final bid and contract documents.
d. Prepare projected cost of construction.
e. Present two (2) copies of plans and specifications to the Owner for final
approval and authorization to proceed with the Construction Phase.
D. CONSTRUCTION PHASE
1. Advertise and Receive Bids
a. Coordinate the final printing of the construction plans and specifications for
distribution to the proposed bidders.
b. Notify individual qualified contractors of the project, and contact the Texas
Contractor and Dodge Reports for publishing the description of the project
and date for receiving bids.
c. Assist the Owner in securing, opening, tabulating, and analyzing of bids.
The Engineer will furnish recommendations on the award of the contract
based on the lowest qualified bidder.
d. Assist in the engineering phases of the preparation of the formal contract
documents between the contractor and the Owner.
2. General Review of Construction
a. Conduct a Pre-Construction Conference with representatives of the Owner
and the contractor to discuss the total work program and schedule,
procedures of communication, field testing and inspection, and any other
matters that may have a direct or indirect effect upon the project.
b. Provide review of the project site (as distinguished from continuous services
of Resident Project Representatives).
-2-
c. Consult and advise with the Owner during construction.
d. Review shop and working drawings.
e. Review tests of materials and equipment operation.
£ Review and make recommendations to Owner on monthly and final
estimates for payment to contractor.
g. Conduct final review of the project in the accompaniment of the Owner.
3. Additional Services for Construction Phase
a. Arrange for and coordinate the services for printing the construction plans
and specifications to be used in the distribution to prospective bidders.
b. Perform on-site observations of construction performance on an as-called
basis. This service will be performed as an addition to the routine site visits
provided for in the General Review of Construction services (Item D.2.b.).
c. Prepare record drawings of the completed project from information
furnished by the Contractor and Owner's project representative.
E. RESPONSIBILITY OF THE OWNER
Unless otherwise authorized in writing by the Owner for the Engineer to perform such other
additional or special services, the Owner shall be responsible for the following services:
1. Provide the Engineer the assistance needed for collecting data from Owner's records
for the design of the improvements. The acceptance and use of the data furnished
by the Owner to the Engineer shall not operate to impose any obligation upon the
Engineer to determine that the data is true, accurate, complete, or correct.
2. Provide the services of a qualified surveyor to furnish the necessary field data for the
design of the proposed improvements and establish horizontal/vertical control for
construction.
-3-
3. Arrange for and coordinate the subcontract services of a Geotechnical Consultant
for the soils investigation, as may be required. Also, the Geotechnical Consultant
will investigate the soil conditions and recommend the requirements for preparing a
trench safety program.
4. Authorize the Engineer to print, collate, and assemble an agreed number of plans,
specifications, and bidding documents for distribution to prospective bidders.
5. Provide qualified personnel for daily observation of construction.
6. Prepare daily reports of construction activities, with copies of reports furnished to
the Engineer. If needed, daily report forms will be furnished to the Owner by the
Engineer.
7. Advise Engineer by telephone, on a weekly basis, of the progress of work,problems
encountered in construction, quality of work performed, and other matters
concerning the project status.
8. Confirm the percentage of completion for work performed, as submitted by the
contractor, during each month.
9. Furnish the local news media with Notice to Bidders and coordinate the appropriate
times that the notice is to appear prior to the bid opening date.
F. BASIS OF COMPENSATION
1. Availability of Funds
The Owner agrees that funds, to the extent required, are currently available and
sufficient to complete all phases of the proposed engineering services authorized
under this Proposal. All invoices submitted by the Engineer and approved by the
Owner shall be paid within thirty (30) days of the invoice date. For any payments
not made within thirty (30) days, a charge will be made monthly in the amount of
one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty (30) days
from the date of the statement.
2. Design Phase
The Owner shall make payments to the Engineer for performing the engineering
services described in the Design Phase, Section C., on a monthly billing basis in
proportion to that part of the services proposed herein which has been
accomplished, as evidenced by monthly statements submitted by the Engineer and
-4-
approved by the Owner. Final payment shall be due upon completion of these
services.
The compensation for the engineering design services performed shall be based on a
lump sum amount of$10,800.00.
3. Construction Phase
a. Advertise and Receive Bids
For performing the Construction Phase services, as described in Section
D.1., the Engineer is to be paid on a monthly billing basis in proportion to
the services proposed herein which has been accomplished, as evidence by
the monthly statements submitted by the Engineer and approved by the
Owner. Final payment shall be due upon completion of these services.
The total compensation for the services performed shall be based on the
lump sum amount of$1,500.00.
b. General Review of Construction
For performing the General Review of Construction, as described in Section
D.2, the Engineer is to be paid on a monthly billing basis at a per diem rate
of the personnel's salary cost times a multiplier of 2.5, with reimbursement
of all direct non-labor and subcontract expenses at the invoice cost plus 10
per cent for coordination and handling.
Total compensation for the above services will not exceed$5,500.00.
c. Additional Services For Construction Phase
For performing the Additional Services For Construction Phase, as
described in Section D.3., the Engineer is to be paid on a monthly billing
basis at a per diem rate of the personnel's salary cost times a multiplier of
2.5, with reimbursement of all direct non-labor and subcontract expenses at
the invoice cost plus 10 per cent for coordination and handling.
-5-
4. Other Special Services - (As Directed By The Owner)
If authorized in writing by the Owner, the Engineer shall furnish other services or
tasks in addition to the scope of services proposed herein. For performing these
special services, the Engineer shall be paid on a monthly billing basis at a per diem
rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement
of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent
for coordination and handling.
G. TIME FOR COMPLETION
The design work to be performed, as authorized herein, is projected to be completed within
thirty(30) calendar days after receipt of Owner's authorization.
APPROVED: ACCEPTED:
CITY OF WYLIE, TEXAS THE HOGAN CORPORATION
By By
Anthony`Riff'Johnson K. Fuson, P.E.
City Manager Vie President
Attest Attest
Date Date / 17 /6.-
-6-
City of Wylie, Texas Project Cost Projection
Newport Harbor Pumps Station
Description Quantity Units Unit Price Total
Pump Addition
High service pumps 2 EA 20,000 $40,000
Piping & valving 1 LS 12,000 $12,000
Electrical and controls 1 LS 50,000 $50,000
Mobilization, bonds, OH&P 1 LS 15% $15,000
Construction contingency 10% $12,000
Subtotal, Probable Construction Cost $129,000
THC #002-61.20 12/11/2002
nhps$
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1
January 14, 2003
Issue
Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned
Development (PD) for mixed uses, including commercial and residential of various densities and housing
types. Generally located south of F.M. 544 and west of Country Club Drive, being three separate parcels
totaling 157.2888 acres, Parcel 1 being a 37.3823 acre tract of land situated in the I&GN Railroad Company
Survey, Abstract No. 1061 and L.K. Pegues Survey, Abstract No. 703, Parcel 2 being a 68.3705 acre tract
of land situated in the L.K. Pegues Survey, Abstract No. 703, and Parcel 3 being a 51.5360 acre tract of land
situated in the W.M. Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. (Zoning Case
2002-18)
Background
This Public Hearing was opened on December 10, 2002, and tabled until the January 14 meeting.
The following Planning Report and attached Development Standards (Exhibit B) have been revised
to reflect proposed modifications in the Planned Development District request. These changes
generally include the following:
1. Reduction in the overall residential density, from a potential 665 residential lots to not exceed
625 lots.
2. Combine Tracts A-2 and A-3 into new Tract A-2, eliminating all 7,200 square foot single-
family lots and requiring all SF-8.5/17 lots to comply fully with the dimensional and
development requirements of the Zoning Ordinance.
3. Allow a combination of private streets/access easements and public streets within the
Courtyard Townhouse developments of new Tract A-4 (old Tract A-5).
4. Require 60% masonry for exterior walls of Townhouse dwellings, rather than 100% masonry
composite as previously proposed.
5. Alleys shall be required in the standard Townhouse Tract A-3, and alleys shall be at the
discretion of the developer in SF-10 Tract A-1 and SF-8.5 Tract A-2. Private streets/access
easements and fire lanes shall serve as alleys in the Courtyard Townhouse Tract A-4.
Parking spaces within commercial areas (Tracts C-1 and C-2) shall be 10 feet by 20 feet for 90
degree perpendicular patterns, and 9.5 feet 18 feet for 60 degree diagonal pattern. Aisles within
commercial lots shall be 20 feet wide for one-way and 24 feet wide for two-way traffic, although all
designated fire lannes will be 24 feet.
The applicant is requesting rezoning of the subject 157.29 acres in order to permit a master planned multi-use
community comprising single-family residential neighborhoods of varied densities and building types,
multifamily residential apartments, retail and commercial uses and private open spaces. The proposal is
intended to create a Village Center as defined by the Comprehensive Plan, with a retail/commercial core
surrounded by residential areas of decreasing density. The Planned Development District is proposed to
address several development constraints of the property, as an expansion of the Woodbridge golf community.
The subject property was annexed into the City of Wylie as separate tracts at various times. Tracts identified
on the legal description and Concept Plan as Parcel 3 (Tracts A-3, A-4 and C-2) were annexed into the City
in 1986, along with the western third of Parcel 2 (part of Tracts A-1 and A-2). The remaining eastern portion
of Parcel 2 as well as Parcel 1 (Tracts B-1 and C-1)were annexed in 1995. The applicant has combined these
various tracts together under single ownership for coordinated development purposes. The entire 157 acres
included within this Planned Development District are currently zoned Agriculture (A), which is generally
a holding District until appropriate urban land uses are proposed. These properties are largely undeveloped,
except for several older residential tracts which are included within the PD for redevelopment.
The properties abutting the proposed PD to the northwest of the subject tracts are platted as the Regency
Business Park, and is largely developed for commercial or light industrial uses. The Regency area was
rezoned from Industrial (I) to Business Center(BC) in February with the City-wide revision of the Zoning
Ordinance and Map. F.M. 544 serves as the northern boundary of the tract and Hensley Lane bounds it on
the south. Properties to the east are zoned Agriculture, but are owned by the Wylie Independent School
District and City of Wylie and are developed respectively as the Wylie Senior High School and Founders
Park. South of the Park and north of Hensley Road is some property not owned by the City which is zoned
Agriculture (A)District, and south of Hensley Lane are rural developments of 10 acres and larger. To the
southwest, the subject properties abut a 13-acre tract annexed into the City in 1999, zoned Agriculture (A)
and developed as a single-family residence and office for a construction company. South of this tract is the
abandoned landfill and future public park within the City of Sachse.
The Concept Plan of the Planned Development District allocates 39.7 acres or 25.2 percent of the total PD
area to Commercial uses, and these are located to the north of the development adjacent to F.M. 544 and
abutting the Regency Business Park on the west(identified as Tract C-1). This use will serve as the centrally-
located retail Village Center, and is an expansion of the existing uses within the Regency development.
Surrounding the nonresidential Village Center are residential neighborhoods of varied densities and housing
types, separated from the nonresidential uses and buffered by the southward extension of Country Club Road
which is to be renamed Woodbridge Parkway and connect with the existing Woodbridge Parkway at State
Highway 78.
About 19.5 acres(Tract B-1) or 12.4 percent of the total PD are;allotted to Multifamily Residential, located
to the east boundary abutting the High School and Founders Park. South of the Regency development, the
Concept Plan allocates 28.3 acres (Tract A-3) or 18 percent of the PD to Townhouse residences which fully
comply with the current requirements of the Zoning Ordinance and on public streets, and 23.3 acres(Tract
A-4) or 14.8 percent to Townhouse dwellings modified in a Courtyard design with private streets.
East of these higher density residences and south of the Multifamily uses, separated by the future Woodbridge
Parkway extension, is allocated 33.6 acres(Tract A-2) or 21.4 percent is allocated to single-family residences
complying fully with the lot dimensional and building development regulations of the SF 8.517 District of
the Zoning Ordinance. Fronting Hensley Lane to the south, Tract A-1 (4.8 acres or 3.1 percent)is allocated
to single-family residences with lot sizes of 10,000 square feet minimum, as a compliment to the acreage
residential developments south of Hensley.
The Development Conditions of the Planned Development District establish the maximum possible number
of single-family attached and detached residential lots and dwellings at 625 (including Tracts A-1, A-2, A-3
and A-4 combined), which reflects an overall density of approximately 7.8 dwelling units per acre. At the
density of 15 dwelling units per acre allowed by the Zoning Ordinance for the multifamily development, a
potential total of 293 apartment dwellings is possible for Tract B-1.
The subject property is traversed by existing major electric, sewer and water transmission lines as well as the
planned southward extension of Country Club Road, and these corridors divide the property into several
smaller segments. Furthermore, the floodplain of a Muddy Creek tributary dissects the southeastern portion
of the property. The Planned Development District proposes to connect the several separate developable
areas created by these undevelopable corridors by a coordinated street network, connected to the expanded
regional Country Club/Woodbridge collector thoroughfare. A pedestrian trail system is also proposed to link
the various residential neighborhoods with the commercial development as well as the high school and Wylie
and Sachse parks. The proposed residential neighborhoods are planned to be oriented away and screened
from the potentially incompatible abutting land uses of the Regency Industrial Park development and the
regional land fill.
Public Comment Forms were mailed to sixty-five (65) property owners within 200 feet of this request. Seven
(7) Comment Forms, representing ten (10) parcels of land, have been returned at the time of posting,
FAVORING the proposal. Three (3) persons spoke at the November 19, 2002 Public Hearing, OPPOSING
the request.
Financial Considerations
Zoning Application Fee has been paid.
Other Considerations
1. The stated purpose of a Planned Development District iE to allow the combining of uses and regulations
of various zoning districts which is not normally allowed by straight zoning, and to permit flexibility and
innovation in the use and design of land and development beyond the minimal requirements of the Zoning
Ordinance. The recent revisions to the Zoning Ordinance were specifically designed to provide such
flexibility and thereby avoid the need for PDs. However, the size, configuration and intended mixed-use
of this request, the several potential constraints to development imposed by the site itself, and the unique
design of the courtyard townhouses justify its rezoning by a coordinal PD rather than as separate
development proposals regulated by differing zoning categories and limited potential for connectivity and
coordinated control.
2. The Comprehensive Plan envisions the a portion of the existing Regency development to serve as the
retail Village Center core, with the remaining majority of Regency to be higher-density residences.
Lower-density residential uses are recommended to the south and east around this core with Country
Residential lots of acreage size located along Hensley Lane and the creek corridor. While the subject
request generally follows the Village Center concept of the Comprehensive Plan, it does not conform to
the residential densities recommended by the Plan and permitted by the Zoning Ordinance. The proposal
provides for a significant expansion of the commercial Village Center around the Regency development
expending to the high school. The expanded commercial uses results in reduction in medium- and low-
density residential, with an increase of higher-density residential uses. Where the Plan recommends
medium-density residential (10,000 square foot lots and larger) south and east of Regency, the request
proposes higher-density attached and single-family detached lots of 8,500 square feet, and the PD
requests medium- to high-density lots (8,500 to 10,000 square feet) for the extreme south with none of
the Plan recommended low-density Country Residential acreage lots.
3. The PD request proposes to utilize the potential barriers, floodplain and utility transmission lines which
otherwise threaten to segregate the property into smaller disconnected parcels for street and trail
corridors which connect the varied use districts into a unified whole. The proposal will provide for the
extension of the north/south regional traffic collector by extending Country Club Road to connect with
the Woodbridge Parkway at S.H. 78 with four lanes divided by a median. An east/west collector street
will route residential traffic to the central Parkway rather than through Regency or Hooper. The
development will responsible for the improvement of one-half of Hensley Road. An eight feet wide
continuous pedestrian and cycle trail is proposed to connect the several residential neighborhoods with
one another as well as with retail opportunities and school and park. The trail system will be constructed
along one side of the streets rather than narrower side walks along both sides. These proposals have been
accepted by the City Engineer as complying with the recommendations of the Thoroughfare Plan and
Design Standards.
4. The Subdivision Regulations require alleys within all residential developments. The PD Conditions waive
this alley requirement for the Single-Family 8.5 and 10 Trac:.; A-1 and A-2, and leave the provision of
alleys to the discretion of the developer at the time development plans and plats are formulated for the
individual phases of the development. Alleys will be provided in the standard townhouse Tract A-3 area,
and the private streets/access easements will serve as alleys in the modified townhouse courtyard
development of Tract A-4. The PD reduces the width of alley rights-of-way, when provided, from the
required twenty feet to fifteen feet but requires an easement within the abutting rear yards to
accommodate utilities normally carried within the alley.
5. The Manual for the Design of Storm Drainage Systems requires that increased storm water runoff of a
development be detained on-site so that runoff after development approximates natural runoff prior to
development. The PD proposes to collect and discharge runoff in to the Maxwell Creek drainage system
without additional onsite detention. The City Engineer has accepted this proposal.
6. Tract A-1, 4.8 acres of 150 feet depth fronting Hensley Lane, is restricted to Single-Family 10 (SF-10/19)
residences and related uses. These lots and dwellings are intended to reflect similar character as those
existing houses facing Hensley on the south, and serve as a buffer from the smaller-lot, higher-density
residential of the PD behind this Tract to the north. Development within this Tract shall comply with all
Design Standards of Section 3.4 of the Zoning Ordinance for Suburban Residential Districts and the lots
shall comply with all SF-10 dimensional requirements of Section 3.2.C. of the Zoning Ordinance. This
Tract could accommodate as many as 18 or 19 lots at the standard 75 feet frontage width required by the
SF-10.
7. Tract A-2, 7.54 acres, is restricted to Single-Family 8.5 (SF-8.5/17) residences and related uses.
Development within this Tract shall comply with all Village Residential Design Standards of Section 3.4
of the Zoning Ordinance and the lots shall comply with all SF-8.5 dimensional requirements of Section
3.3.A. of the Zoning Ordinance. Along with Tract A-1, it is intended to compliment the existing rural
acreage developments south of Hensley Lane. This Tract could accommodate as many as 20 or 21 lots
at the 70 feet frontage width required by the SF-8.5.
8. Tract A-3 is restricted to standard attached single-family Townhouses and related uses. Development
within this Tract shall comply fully with the dimensional requirements of the Townhouse District (Section
3.3.B.) and the Village Residential Design Standards (Section 3.4) of the Zoning Ordinance.
9. Tract A-5 is restricted to attached single-family residences of a special courtyard design. Development
within this Tract shall comply with the PD's modified Residential Design Standards (PD Section 2.07)
as well as the following dimensional requirements.
i:::-::.:�i::i::::i:''isji:::i:?:::::::>)::i'{:::.::::i::::i::}:n::;i.:::j::i=:i::i:::)::i::::i:::_:::�::iii::�ii::i:":iiiiiiii::iiiiii:..::iiiiiii:::.:iiiiii}Y :::::...:: ..�:: ::....................................
• :::''rji>j4ii}}i};::.4:4}ii::iLii}}} ::::::.::•:::::::iiiiiii::':iiiiii?::.i::::i::::ii::.--iiiii::liiiiii}::{4: :::::iiiiiYYiiiY'::":"'-i::".iii}ii::ijiiii jiiiii...::iii:
::::::::::::::::::::::::::..........::._.::._:::::::::::::.:�:::...........::::::::.: :.:: ..........:::::::::::::::::::::..:::.:...........: id, lid' � rftom::;:;;>:::::::::::> ::::
IIIIIMI -.OWNIME:..,.::::::. 2,200 sq. ft. min. 3,500 s . ft. -exterior w/side yds.
q
3 000 —
.....N........:A..::�«.. ...... .,..:. q interior w/o side yds.
>:::<:::>::::>:
> <'< > 22
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> ` < 37 ft.
45 ft.
_ t> # > 100 ft. 100 ft. standard 1""' lots,
> `r i>> i
120 ft. for double front lots
20 ft. sta
ndard
and lo
ts,
25 ft
.
. sta
ndard
and lo
ts,
EnnifiieWa:;::.::::::,,,,- 15 ft. for double front lots, 45 ft. for double fronts
30 ft. for fir la
ne
e adja
cency
c lots is
> `
. i: re..- 15 ft.
......... ...:.. ... 25 ft. for double fronts,
: ':Y r i.b.W.' 10 ft. for standard lots
10. The PD proposes the following Residential Design Standards to revise both the Basic and Desirable
requirements and points of the Village Land Design Requirements of Section 3.4 of the Zoning
Ordinance. These modified Design Standards shall apply to all attached residential and all modified
detached single-family residential development within Tracts A-3, A-4 and A-5. All elements not
addressed within the PD will comply fully with the regulations of the Zoning Ordinance.
iiiiMPIMONRittagNE
'' ':' .'ti::i : :' :»->:»»: m : " i" '::::: y::::..::iiiii::.::i'.: : :_::: iii }: ii: Oiteli i< » »: iP0i " i .:» : ::;i } : :. i....: _. ; : : -t ; a.
191:414en- .1e, Access to open space and parks at 30 ft. to 50 ft. with 4 ft. walk
iiiiiiii. : ai" _ > cul-de-sacs every 10 lots
R4IM :::, i€=>R 8ft.,,,:.,:.;,,,.....:.:.,.., wide, 4 ft. walk both sides standard,
. ....... .......... ..... n
side of selec
ted streets
s 8 ft. trail gets points
11. The PD proposes the following Residential Design Standards to substitute both the Basic and Desirable
requirements and points of the Village Street and Sidewalk Requirements of Section 3.4 of the Zoning
Ordinance. These modified Design Standards shall apply to all attached residential and all modified
detached single-family residential development within Tracts A-3, A-4 and A-5. All elements not
addressed within the PD will comply fully with the regulations of the Zoning Ordinance.
riiiainea>:<::::::::;::: ::;«:::'•: :::::::::::.;;� :i...... .:.:.;.;':.:::.:.;::�'�#�i.`:i9?ter:'.�ll.i#tis::>':>' :.:,.i::::::>:>::>:::;:.;�':."�:�: i�.tl :;i�' i'�:�:::ii: :
110: : s' '>>`s 25%in Tra
ct A-3, Standard grid allowed,
o
0
�.::::::::::::. _.:: 10%in Tracts A-4 and A-5 25%curvilinear gets points
ill :-...,; :.,;;, r ..:... :::: Landscaped entry and minimum 50 ft. Brick or stone walls and 100 ft.
IMMEREMENE lo
ng median /
w in 80 ft. ROW
RO
W
. .�:::::::,,,,,,.,, 6 ft. wide,one side of streets, 4 ft. wide,continuous both
8 ft. trail alo
ngsel selec
ted streets
et ssid
es
es of
streets
—
wider
gets
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is
r. ' s::til Screen walls alongSecondary
ary Screen walls required,
.::,,..,.., :..,�;.,.,_-,,,.-:-,,:.;..;..;.: Thoroughfares no lots back onto thoroughfares
g pin et points s
.......:.:.: ::: .:::::::::::.�. One 3 in. cal. per lot,evenly spaced 3 in. cal., 30 ft. spacing
....... .............................
12. The PD proposes the following Residential Design Standards to substitute both the Basic and Desirable
requirements and points of the Village Architectural Design Requirements of Section 3.4 of the Zoning
Ordinance. These modified Design Standards shall apply to all attached residential and all modified
detached single-family residential development within Tracts A-3, A-4 and A-5. All elements not
addressed within the PD will comply fully with the regulations of the Zoning Ordinance.
OfilhiMME
iii>ii:�:i:iii}i::: i»ij;:G:4}iii:-i>i»»ii:viiii>iivi:' : :•.......i••.:....'••"'. .•.:Lii}i'-i:iiii:-ii?.i:� 'Y• ::.}':.}vi::..-iii:4i:};}:?.>'.xi}:i:....J;•iiiii"..:J»ii:.::.iiiii::-
100%obri br
ick,>
stone
or composite to
material for SF 100%
> brick, stone or stucco
100
0
/o composite
to ma
terial 1 for TH
5
0
/o na
tural afar 1....... a wo
od accent
.. ... .. e t for
TH
13. Tract B-1 is restricted to Multifamily residences and related uses. Development within this Tract shall
comply with all requirements of the Multifamily(MF)District Section 3.3.0 of the Zoning Ordinance.
Development shall comply with the PD's modified Residential Design Standards (PD Section 3.02),
which reflects the following changes from the standard regulations.
-::::::::>:::::::::::.:::.::.::.>:.>:.::.>:::iS:::'. :. , ..:.......::::::::;:;''>:.>:.i:-:i:-i.::. .::::::.:;-..:::::�:. -:::»'v:-i:-;;.':•ii::.>:x.>::'.r:.>:.ii::r::i::i:?:i
` = >' 10%earns 20 points 25%earns 20 points
` 0040 11 50 ft. longlandsc
aped.:.�:::: :::: ,,,,,..;.;;:.;;.;:.,, median in 200 ft. landscaped median in 100
80 ft. right-of-way
{ ` '>:.;:.;:;..;:.;:::.: :::<:>:«>:;•i:'i:- ::-i:-.: earns 15 Dints ' ft. right-of-way:��:H:s:�: �_:<::�«<:>�::» >:: �«:�::_�:,::�: p I earns 15 points
INEMEIROMESE 100%
0 ma
sonry,>
30% k obri c or
stone to count as 100% 100%brick, stone or stucco
0
m aso >5/o wo
od
dac accent
,e. ::: ;-:.i:-:-ii:.;:.:-i:- 6:12,common shingle color 6:12 base, 8:12 earns points
14. Tracts C-1 and C-2 allow office, retail and commercial land uses as permitted within the Community
Retail (CR) and Corridor Commercial (CC) Districts on the Land Use Tables of Sections 5.2 of the
Zoning Ordinance. Development within Tract C-1 shall comply with the dimensional requirements of the
Commercial Corridor (CC)District, Figure 4-4 of the Zoning Ordinance, and development within Tract
C-2 shall comply with the requirements of the Community Retail (CR) District, Figure 4-2 of the
Ordinance. Development within both Tracts C-1 and C-2 shall comply with the following modified
Design Standards.
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60
ps. fo
r o r build
ings s 20,000
sq. f t.
or la
rger,
g
er
>
e_ oznic<: 40 pts. for buildings 20,001 to 60 points required for all building
40,000 s . ft
> q •> sizes
20
p
is. for bu
ildings i ogs over 40,001 1
sq
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25 total
points required,o t°
15%
of the site fo
r or buildings
un under
40,000 sq. ft., 20%of site for CC and CR
10%of the site for buildings over
40>00 0
q
s . ft.
18. The PD proposes to allow both perpendicular and diagonal offstreet parking patterns within the
nonresidential uses of Tracts C-1 and C-2, but no specific on the distribution/location or ratio of such
spaces is provided. Perpendicular (90 degree) spaces shall be 10 feet wide and 20 feet deep/long, as
normally required by Wylie's code. Diagonal (60 degree) shall be 9.5 feet wide and 18 feet deep/long.
19. Each phase of development within this Planned Development District shall require approval of the
Planning and Zoning Commission and City Council of a detailed Development Plan prior to the initiation
of construction. The Development Plans shall serve as Preliminary Plats.
Board/Commission Recommendation
At the November 19, 2002 Planning and Zoning Commission meting, the Commission voted 4-0 to table
this zoning change until the December 3, 2002 P&Z meeting, to allow the applicant time to make
modifications to the Development Conditions. At the December 3, 2002 Planning and Zoning Commission
meeting, the Commission voted 4-1 to recommend approval of the proposed Planned Development District
with the stipulations that the overall maximum allowed residential units in Tracts A-1, A-2, A-3 and A-4 shall
not exceed 665 lots, and that the average lot size in Tract A-2 shall be 8,500 square feet with a minimum lot
size of 7,200 square feet.
Staff Recommendation
Denial of the requested rezoning.
The proposal is not consistent with the recommendations of the Comprehensive Plan (especially the smaller
lot and dwelling sizes), and allows too much unjustified variance from code requirements (especially higher
densities and waiver of alleys in single-family, and smaller parking spaces within commercial).
The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this
recommendation.
Attachments
Ordinance with Conditions for the Planned Development District and Development Plan
Location Map
Notification List and Map, with Responses
/2&)44±--
7(ir
Prepared by Reviewed by Finance ity Ma er pproval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE
ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,
ZONING CASE NUMBER 2002-18 TO PLANNED DEVELOPMENT
(PD) DISTRICT CLASSIFICATION; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie,
Texas, in compliance with the laws of the State of Texas v,ith 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 PD, Planned Development District Classification, said property being described in
Exhibit "A", "B" and "C" attached hereto and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes provided for
in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning
classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the
general penalty provisions of Section 1.5 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 , 2003.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
Exhibit "A"
Legal Description
ZC #2002-18
Parcel 1
Being a tract of land situated in the I.& G.N. Railroad Company Survey, Abstract No. 1061 and the L.K.
Pegues Survey, Abstract No. 703, in the City of Wylie, Collin County, Texas, and being all of a tract of land
described in a deed to Ronald Scholz, as recorded in Volume 1198, Page 638 of the Deed Records of Collin
County, Texas, all of a tract of land described in a deed to Ida Pearl Scholz, as recorded in Volume 682, Page
330 of the Deed Records of Collin County, Texas, all of a tract of land described in a deed to Richard Parker,
as recorded in Collin County Clerk's File#93-0065326 of the Deed Records of Collin County, Texas, all of
a tract of land described in a deed to Richard Parker, as recorded in Collin County Clerk's File#02-106920
of the Deed Records of Collin County, Texas, all of a tract of land described in a deed to B.C. Woods, as
recorded in Volume 418, Page 131 of the Deed Records of Collin County, Texas, a part of a tract of land
described in a deed to Ida Pearl Scholz, as recorded in Volume 768, Page 315 of the Deed Records of Collin
County, Texas, and a part of a tract of land described in a deed to B.C. Woods, as recorded in Volume 316,
Page 409 of the Deed Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING at a point at the northeast corner of said B.C. Woods tract and the northwest corner of a tract
of land described in a deed to Wylie ISD, as recorded in Collin County Clerk's File#95-0012337 of the Deed
Records of Collin County, Texas, and in the south line of County Road 544, said point being at the beginning
of a curve to the right having a central angle of 11°50'36", a radius of 944.97 feet and a chord bearing South
15°18'30" West, 194.98 feet;
THENCE, along the east line of said B.C. Woods tract, the west line of said Wylie ISD tract, and
southwesterly along the said curve, an arc distance of 195.33 feet to the southeast corner of said B.C. Woods
0.569 acre tract, the northeast corner of said B.C. Woods 3.27 acre tract, and the beginning of a curve to the
right having a central angle of 06°10'40", a radius of 944.96 feet and a chord bearing of South 24°19'09"
West, 101.84 feet;
THENCE, along the east line of said B.C. Woods tract, the west line of said Wylie ISD tract, and the west
line of a tract of land described in a deed to Wylie ISD, as recorded in Collin County Clerk's File #95-
0012336 of the Deed Records of Collin County, Texas, the following:
Southwesterly along said curve, an arc distance of 101.89 feet to a point for corner;
South 27°24'29" West, a distance of 54.52 feet to the beginning of a curve to the left having a central
angle of 04°35'05", a radius of 1,055.00 feet and a chord bearing South 25°08'27" West, 84.40 feet;
Southwesterly along said curve, an arc distance of 84.42 feet to the beginning of a curve to the left
having a central angle of 01°40'55", a radius of 1,163.93 feet and a chord bearing South 21°51'01"
West, 34.17 feet;
Southwesterly along said curve, an arc distance of 34.17 feet to a point for corner;
South 02°22'57" West, a distance of 926.44 feet to the northwest line of a tract of land described
in a deed to Texas Power and Light, as recorded in Volume 575, Page 224 of the Deed Records of
Collin County, Texas;
THENCE, along the northwest line of said Texas Power and Light tract, the following:
South 52°18'44" West, a distance of 1,122.58 feet to a point for corner;
North 89°25'10" West, a distance of 35.74 feet to the southeast corner of a tract of land described
in a deed to Hooper Business Park, an addition to the City of Wylie, Collin County, Texas, as
described in Cabinet H, Slide 52 of the Map Records of Collin County, Texas, said point also being
in the west line of said Ida Pearl Scholz tract;
THENCE, along the west line of said Ida Pearl Scholz tract and the east line of said Hooper Business Park
tract, North 00°56'39"East, a distance of 1,881.44 feet to the southwest corner of said Ronald Scholz tract;
THENCE, along the west line of said Ronald Scholz tract, east line of said Hooper Business Park tract, and
the east line of a tract of land described in a deed to Henry Garland, as recorded in Collin County Clerk's File
#96-0034807 of the Deed Records of Collin County, Texas, North 01°O2'23"East, a distance of 176.30 feet
to a point at the beginning of a curve to the right having a central angle of 00°26'35", a radius of 5,676.08
feet and a chord bearing South 86°48'51" East, 43.89 feet, said point being at the northwest corner of said
Ronald Scholz tract, the northeast corner of said Henry Garland tract, and in the south line of said County
Road 544;
THENCE, along the south line of said County Road 544, the north line of said Ronald Scholz tract, the north
line of said Ida Pearl Scholz tract, the north line of said Richard Parker tract, the north line of said B.C.
Woods tract, the following:
Southeasterly along said curve, an arc distance of 43.89 feet to the beginning of a curve to the left
having a central angle of O1°25'23", a radius of 6,645.06 feet and a chord bearing South 87°20'46"
East, 165.05 feet;
Southeasterly along said curve, an arc distance of 165.06 feet to the beginning of a curve to the left
having a central angle of 02°21'45", a radius of 5,783.08 feet and a chord bearing South 89°26'57"
East, 238.44 feet;
Southeasterly along said curve, an arc distance of 238.46 feet to a point for corner;
North 89°11'42" East, a distance of 17.59 feet to a point for corner;
South 69°27'29" East, a distance 17.72 feet to a point for corner;
North 01°20'38" East, a distance of 4.10 feet to a point for corner;
North 89°27'48" East, a distance of 614.10 feet to the POINT OF BEGINNING, and containing
3 7.3 823 acres of land.
Parcel 2
ZC #2002-18
Being a tract of land situated in the L.K. Pegues Survey, Abstract No. 703, in the City of Wylie, Collin
County, Texas, and being part of a tract of land described in a deed to B.C. Woods, as recorded in Volume
316, Page 409 of the Deed Records of Collin County, Texas, a part of a tract of land described in a deed to
Ida Pearl Scholz, as recorded in Volume 768, Page 315 of the Deed Records of Collin County, Texas, and
all of a tract of land described in a deed to Birmingham Land Trust, as recorded in Volume 4194, Page 1852
of the Land Records of Collin County, Texas, and being mere particularly described as follows:
BEGINNING at a point at the southwest corner of said Birmingham Land Trust tract, said point also being
at the intersection of Hooper Road and Hensley Lane;
THENCE, along said Hooper Road, the west line of said Birmingham Land Trust tract, the east line of a tract
of land described in a deed to North Texas Municipal Water District, as recorded in Volume 1300, Page 809
of the Deed Records of Collin County, Texas, the east line of a tract of land described in a deed to Timothy
R. Johnson, as recorded in Collin County Clerk's File#97-0066824 of the Deed Records of Collin County,
Texas, the east line of a tract of land described in a deed to B.C. Wood as recorded in Volume 3282, Page
804 of the Deed Records of Collin County, Texas, and the east line of a tract of land described in a deed to
John P. Pennington as recorded in Volume 2726, Page 986 of the Deed Records of Collin County, Texas,
North 00°28'20" East, a distance of 1,852.23 feet to the northwest corner of said Birmingham Land Trust
tract and the southwest corner of a tract of land described in a deed to Texas Power and Light, as recorded
in Volume 577, Page 335 of the Deed Records of Collin County, Texas;
THENCE, along the common line between said Birmingham Land Trust tract and said Texas Power and
Light tract, the following:
South 88°52'13" East, a distance of 515.72 feet to a point for corner;
South 00°58'13" West, a distance of 50.00 feet to a point for corner;
South 88°52'17" East, a distance of 220.37 feet to a point for corner;
North 48°29'57" East, a distance of 91.56 feet to the most easterly point of said Texas Power and
Light tract, said point also being in the north line of said Birmingham Land Trust tract and in the
southeast line of a tract of land described in a deed to Texas Power and Light, as recorded in Volume
575, Page 224 of the Deed Records of Collin County, Texas;
THENCE, along the south line of said Texas Power and Light tact, North 49°35'36" East, a distance of
973.53 feet to a point in the west line of a tract of land described in a deed to Wylie ISD as recorded in Collin
County Clerk's File#95-0012336 of the Deed Records of Collin County, Texas, said point also being in the
east line of said B.C. Woods tract;
THENCE, along the east line of said B.C. Woods tract, the west line of said Wylie ISD tract, and the west
line of a tract of land described in a deed to the City of Wylie, as recorded in Collin County Clerk's File#95-
0012334 of the Deed Records of Collin County, Texas, South 02°22'57" West, a distance of 645.69 feet to
the southeast corner of said B.C. Woods tract and an ell corner of said City of Wylie tract;
ZC #2002-18
Being a tract of land situated in the W.M. Sachse Survey, Abstract No. 835, in the City of Wylie, Collin
County, Texas, and being all of a tract of land described in a deed to B.C. Woods, as recorded in Volume
3282, Page 804 of the Deed Records of Collin County, Texas, and being more particularly described as
follows:
BEGINNING at a point at the southwest corner of said E.C. Woods tract, said point being the southwest
corner of a tract of land described in a deed to Timothy R. Johnson, as recorded in Collin County Clerk's File
#97-0066824 of the Deed Records of Collin County, Texas, said point also lies in the north line of a tract of
land described in a deed to North Texas Municipal Water District, as recorded in Volume 1300, Page 809
of the Deed Records of Collin County, Texas;
THENCE, along a south line of said B.C. Woods tract and the north line of said to North Texas Municipal
Water District tract, North 88°32'56" West, a distance of 574.05 feet to a point at the southwest corner of
said B.C. Woods tract, the northwest corner of North Texas Municipal Water District tract, and in the east
line of a tract of land described in a deed to North Texas Municipal Water District, as recorded in Volume
2281, Page 358 of the Deed Records of Collin County, Texas;
THENCE, along the west line of said B.C. Woods tract, the east line of said North Texas Municipal Water
District tract, North 01°32'59" East, a distance of 389.36 feet to a point for corner;
THENCE, continuing along the west line of said B.C. Woods tract, the east line of said North Texas
Municipal Water District tract, and the east line of a tract of land described in a deed to Iona H. Ingram, as
recorded in Volume 826, Page 579 of the Deed Records of Collin County, Texas, North 00°32'13" East,
a distance of 658.81 feet to the northwest corner of said B.C. Woods tract and the southwest corner of
Regency Business Park#2, an addition to the City of Wylie, Collin County, Texas, as recorded in Cabinet
G, Slide 92 of the Map Records of Collin County, Texas;
THENCE, along the north line of said B.C. Woods tract, the south line of said Regency Business Park#2,
and the south line of a tract of land described in a deed to John P. Pennington, as recorded Volume 2726,
Page 986 of the Deed Records of Collin County, Texas, South 89°47'28" East, a distance of 2,639.30 feet
to the northeast corner of said B.C. Woods tract, said point also being in the west line of a tract of land
described in a deed to Birmingham Land Trust, as recorded in Volume 4194, Page 1852 of the Land Records
of Collin County, Texas, said point being in Hooper Road;
THENCE, along Hooper Road, the east line of said B.C. Woods tract, and the west line of said Birmingham
Land Trust tract, South 00°28'20" West, a distance of 798.74 feet to the southeast corner of said B.C.
Woods tract and the northeast corner of said Timothy R. Johnson tract;
THENCE, along the south line of said B.C. Woods tract and the north line of said Timothy R. Johnson tract,
North 89°31'30" West, a distance of 2,072.08 feet to an ell corner of said B.C. Woods tract and the
northwest corner of said Timothy R. Johnson tract;
THENCE, along the east line of said B.C. Woods tract arid the west line of said Timothy R. Johnson tract,
South 00°44'38" West a distance of 271.40 feet to the POINT OF BEGINNING, and containing 51.5360
acres of land, more or less.
THENCE, along the south line of said B.C. Woods tract and a north line of said City of Wylie tract, North
88°51'57" West, a distance of 46.23 feet to the northeast corner of said Birmingham Land Trust tract and
the most westerly northwest corner of said City of Wylie tract;
THENCE, along the west line of said Birmingham Land Trust tract and the east line of said City of Wylie
tract, South 02°12'26"East, a distance of 442.60 feet to a point in the west line of said Birmingham Land
Trust tract and in the east line of said City of Wylie tract;
THENCE, along the west line of said Birmingham Land Trust tract, the east line of said City of Wylie tract,
and the east line of a tract of land described in a deed to Alton W. Hensley, as recorded in Volume 4832,
Page 598 of the Deed Records of Collin County, Texas, South 02°34'38" West, a distance of 1,462.30 feet
to the southeast corner of said Birmingham Land Trust tract and the southwest corner of said Alton W.
Hensley tract, said point also being in the north line of a tract of land described in a deed to Worth M. Speed,
as recorded in Volume 1383, Page 170 of the Deed Records of Collin County, Texas, said point being in said
Hensley Lane;
THENCE, along said Hensley Lane, the south line of said Birmingham Land Trust tract, the north line of said
Worth M. Speed tract, the north line of a tract of land described in a deed to Norlan C. Van Cleve, as
recorded in Volume 2364, Page 510 of the Deed Records of Collin County, Texas, and the north line of a
tract of land described in a deed to Wayne Rich, as recorded in Volume 1730, Page 888 of the Deed Records
of Collin County, Texas, North 87°17'48"West, a distance of 1,440.08 feet to the POINT OF BEGINNING,
and containing 68.3705 acres of land, more or less.
Parcel 3
EXHIBIT "
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT STANDARDS
(ZONING CASE 2002-18)
1.0 PLANNED DEVELOPMENT DISTRICT
1.01 Purpose:
The purpose of this Planned Development District is intended to provide for the
mixing and combining of uses allowed in various districts with appropriate land
use regulations and development standards. Each permitted use is planned,
developed or operated as an integral land use unit while providing flexibility in
the use and design of land and buildings where modification of specific
provisions of this ordinance is not contrary to its intent and purpose or
significantly inconsistent with the planning on which it is based and will not be
harmful to the neighborhood. The flexibility provided in the detailed provisions
outlined in this Planned Development District allow for additional expansion of
the creative and innovative concepts defined in the Suburban Residential
Districts, the Village Center Districts and the Commercial Districts of the existing
zoning ordinance. The allowable use of a combination of these districts provides
for the enhancement and implementation of the City's vision of the
Comprehensive Plan. The use of existing creative development goals and
objectives contained within the Suburban Residential Districts, the Village Center
Districts and the Commercial Districts, combined with the additional flexibility
provided by the use of selective enhancements allowed by the use of a Planned
Development District, together provide for a unique and creative village center
development which is of general benefit to the City as a whole.
1
p ;a
2.0 PLANNED DEVELOPMENT - SUBURBAN RESIDENTIAL
DISTRICTS/VILLAGE RESIDENTIAL DISTRICTS
Tracts A-1, A-2, A-3, A-4, and A-45
2.01 General Description:
The residential tracts within this Planned Development located in proximity of the
village commercial center are intended to accommodate a variety of single family
suburban residential and village residential land uses and densities. They are
designed to support the requirements of a village center which provides the
needed civic, business and commercial requirements of a neighborhood. The
residential units will encompass components contained in the Suburban
Residential Districts and the Village Residential Districts of the Zoning
Ordinance of the City of Wylie. Tract A-1 in Parcel 2 will be developed in
accordance with Single Family- 10 District (SF-10/19) as revised herein. Tract
A-2 in Parcel 2 will be developed in accordance with Single Family- 8.5 District
(SF-8.5/17). - _ i - ped in accordance with Single
Family - 8.5 District (SF-8.5,17) as revised herein. Tract A-34 in Parcel 3 will be
developed in accordance with Townhouse District (TH). Tract A-45-in Parcel 3
will be developed in accordance with Townhouse (TH) as revised herein. The
revisions to the development standards for the districts identified above as
revised, are necessary within each respective district to achieve the previously
stated purpose and are further outlined within these development standards.
2.02 Permitted Uses: Land uses permitted within residential areas, indicated as
Tracts A-1, A 2 and A-23-in Parcel 2, and Tracts A-34 and A-45-in Parcel 3 as
shown on Exhibit "A" which are allowed in Article 5 Use Regulations, Section
5.1 Land Use Charts, Figure 5-3 Land Use Tables, Residential Districts, Suburban
Residential, SF-10/19 (Tract A-1) and Village Center, SF-8.5/17 (Tracts A-2 and
A-4) and TH (Tracts A-34 and A-4 -) and Section 5.2 Listed Uses, as defined in
the Zoning Ordinance of the City of Wylie are revised with the following
additions:
a. Private recreation facilities and buildings for homeowner use.
b. Real estate sales offices and model homes during the development and
marketing of the residential areas.
c. Temporary buildings, advertising signs, and uses incidental to
construction work and sales promotions on the premises, which shall be
removed upon completion.
2.03 Density: The overall maximum allowed residential units for Tracts A-1, A-2,
and A-4§shall not exceed 6256 lots.
2
01/14/0312 04 02
2.04 Additional Parking Area Requirements: Additional parking area requirements
to serve the guest parking area requirements for Tracts A-34 and A-43-may be
constructed of either concrete or grass crete.
2.05 Single Family- 10 District (SF-10/19): The lots in Tract A-1, Parcel 2 are to be
developed in accordance with the development standards as defined in Article 3 -
Residential District Regulations, Section 3.2 Suburban Residential Districts,
Figure 3-5 - Single Family 10 District (SF-10/19) in the Zoning Ordinance of the
City of Wylie.
2.06 Single Family - 8.5 District (SF-8.5/17):
The lots in Tract A-2, Parcel 2 are to be developed in accordance with the
development standards as defined in Article 3 - Residential District Regulations,
Section 3.3 Village Residential Districts, A. Single Family - 8.5 District
(SF-8.5/17), Figure 3-6 - Single Family 8.5 District (SF-8.5/17) in the Zoning
Ordinance of the City of Wylie.
Figure 3-6 - Single Family 8.5 District(SF-8.5,/17) in the Zoning Ordinance of the
City of Wylie except as follows:
a. Lot Size:
lots irin this tract will
average 8,500 square feet.
Lot Width - 60 feet
Lot Depth - 120 feet.
b. .
Side Yard - 5 feet.
Side Yard on Corner Lots - 15 feet on a standard lot and 25 feet on r key
lot.
et r-- Dottie Front Lots - 30 feet
c. :
lot.
3
0///4/03 12,'04'02
2.07 Townhouse District (TH):
The lots in Tract A-34, Parcel 3 are to be developed in accordance with the
development standards as defined in Article 3 - Residential District Regulations,
Section 3.3 Village Residential Districts, B. Townhouse District (TH), Figure 3-7
- Townhouse District (TH) in the Zoning Ordinance of the City of Wylie.
The lots in Tract A-4§, Parcel 3 are to be developed in accordance with the
development standards as defined in Article 3 - Residential District Regulations,
Section 3.3 Village Residential Districts, B. Townhouse District(TH), Figure 3-7
- Townhouse District (TH) in the Zoning Ordinance of the City of Wylie with the
following revisions:
a. Lot size:
Lot Area - 2,200 square feet.
Lot Width - 22 feet
Lot Width on Corner Lots - 37 feet.
Lot Depth- 100 feet.
Lot Depth of Double Front Lots - 100 feet.
b. Yard Requirements - Main Structures:
Rear Yard - 20 feet.
Rear Yard Double Front Lots - 15 feet.
Rear Yard for Lots Adjacent to a Fire Lane - 30 feet from the rear
property line.
c. Yard requirements -Accessory Structures:
Rear Yard Double Front Lots - 15 feet.
2.08 Private Streets/Fire Lanes:
The use of a combination of public streets,private streets and-or fire lanes in
Tract A-4 of the Townhouse District(TH) shall be at the discretion of the
developer and will be shown on the development plan or preliminary plat. Private
streets and fire lanes shall be located in a public access easement having a
minimum width of 24 feet and a minimum pavement width of 24 feet.
2.09 Residential Design Standards:
The Section 3.4 Residential Design Standards shall apply to all lots defined
within the Planned Development District in the Suburban Residential Districts
and Village Center Districts classification with the following revisions:
4
0//14/0312r'0 02
Figure 3-14 Village Residential District(SF-8.5/17, TH, MF, MH)
Requirements
a. A. Village Land Design Requirements - 30 Points Required:
1. Connection of Open Space to Residential Development.
(i) The trail system with a trail being 8 ft. in width, as shown on the
Conceptual Plan attached hereto, which is adjacent to streets and in
an open space shall meet the requirements to qualify as the
"Pedestrian Linkages to the Village Center" for 10 points.
b. C. Street and Sidewalk Requirements - 55 Points Required:
1. Curvilinear Streets:
(i) The streets within Tracts A-1, A-2 and A-23-shall have 25% of
their streets meet the design criteria for curvilinear streets and shall
qualify for 20 points.
(ii) The streets within Tracts A-34 and A-4 , because of their
boundary configuration constraints, shall have 10% of the streets
meet the design criteria for curvilinear streets and shall qualify for
20 points.
2. Entry Features and Medians.
(i) Landscaped entry features and medians located within an 80 foot
right of way shall qualify for 15 points. The minimum length for a
median at any entry intersection of a public street shall be 50 feet.
3. Sidewalk Width.
(i) A side walk width of 6 feet, with a meanderingdesign, located
within a parkway of a secondary collector , collector street or
residential street, located on one side of the street as shown on the
Conceptual Plan attached hereto, shall qualify for 15 points. The
meandering sidewalk is to be constructed on one side of the street
which fulfills the sidewalk requirements for both sides of the
respective street.
4. Screening of Residential Units Backing onto Major Thoroughfares.
(i) A screening wall constructed along the rear property line of lots
adjacent to the Secondary Thoroughfare shown on the Conceptual
Plan attached hereto, shall qualify for 20 points.
5. Village Residential Street Trees.
(i) Residential lots fronting on a collector or residential street shall
have a minimum of 1 tree per lot planted in the front yard of each
5
0//14/0312'0402-
lot. It is the intent to have the trees evenly spaced within any
given block length as well as their location in relationship to the
front property line. The flexibility of offsetting or staggering trees
along the street shall be an option for consideration in achieving a
pleasing streetscape. This concept shall qualify for 20 points.
(ii) The trees within each tract shall have a minimum caliper of 3
inches as measured 12 inches above the ground at the time of
planting.
(iii) A tree layout will be submitted with the development plan or
preliminary plat indicating the spacing of the trees. The plan will
take into consideration the width of the lot and the location of
driveways in determining tree spacing.
c. D. Architectural Requirements - 30 Points Required:
1. Exterior Facade Material.
(i) The base standard shall be 100 % brick, stone or masonry
composite materials. The use of a minimum of 60% masonry and
the remainder ofall masonry composite material on units in the
Townhouse District(TH) shall qualify as 100% masonry.
(ii) Natural wood products may be used for architectural accent which
shall consist of no more than 5% of the exterior facade of units in
the Townhouse District (TH).
2. Roof Pitch.
(i) The use of the same colored shingle throughout the residential
subdivision shall qualify for an additional 20 points.
6
0//l4/0312 04r02
3.0 PLANNED DEVELOPMENT-MULTIFAMILY
Tract B-1
3.01 Multifamily District (MF):
Tract B-1, Parcel 2 is to be developed in accordance with the development
standards as defined in Article 3 - Residential District Regulations, Section 3.3
Village Residential Districts, C. Multifamily District (MF), Figure 3-8 -
Multifamily District (MF) in the Zoning Ordinance of the City of Wylie.
3.02 Residential Design Standards:
The Section 3.4 Residential Design Standards shall apply to all lots defined
within the Planned Development District in the Village Center Districts
classification with the following revisions:
Figure 3-14 Village Residential District(SF-8.5/17, TH, MF, MH)
Requirements
a. A. Village Land Design Requirements - 30 Points Required:
1. Connection of Open Space to Residential Development.
(i) Cul-de-sacs extending into or providing neighborhood access to
open space or parks, in addition to streets alongside to open space
or parks, shall qualify for 25 points. The number of cul-de-sacs in
this area shall be limited to four
(ii) The trail system with a trail being 8 ft. in width as shown on the
Conceptual Plan attached hereto shall qualify for 10 points.
b. C. Street and Sidewalk Requirements - 55 Points Required:
1. Curvilinear Streets.
(i) The public streets within Tract B-1 shall have 10% of the streets
meet the design criteria for curvilinear streets and shall qualify for
20 points
2. Entry Features and Medians.
(i) Landscaped entry features and medians located in an 80 foot right
of way shall qualify for 15 points. The minimum length for a
median at any entry intersection of a public street shall be 50 feet.
7
0uu/4/034,;0402
(ii) (ii) A side walk width of 6 feet, with a meandering design, located
within a parkway of a secondary collector, collector street or
residential street, located on one side of the street as shown on the
Conceptual Plan attached hereto shall qualify for 15 points. The
meandering sidewalk is to be constructed on one side of the street
which fulfills the sidewalk requirements for the respective street.
3. Screening of Residential Units Backing onto Major Thoroughfares.
(i) A screening wall constructed along the rear property line of lots
adjacent to the Secordary Thoroughfare shown on the Conceptual
Plan attached hereto, shall qualify for 20 points.
4. Village Residential Street Trees.
(i) Multifamily lots fronting on a collector or residential street shall
have a tree per lot planted along the street right-of-way at a
minimum spacing of 30 feet and a maximum spacing of 50 feet. It
is the intent to have the trees evenly spaced within any given block
length as well as their location in relationship to the property line.
The flexibility of offsetting or staggering trees along the street
shall be an option for consideration in achieving a pleasing
streetscape. This concept shall qualify for 20 points.
(ii) The trees within each tract shall have a minimum caliper of 3
inches as measured 12 inches above the ground at the time of
planting.
(iii) A tree layout will be submitted with the development plan or
preliminary plat indicating the spacing of the trees. The plan will
take into consideration the width of the lot and the location of
entrances in determining tree spacing.
c. D. Architectural Requirements - 30 Points Required:
1. Exterior Facade Material.
(i) The base standard shall be 100 %brick, stone or masonry
composite materials with a minimum of 30 % brick or stone, shall
qualify as 100% masonry.
(ii) Natural wood products may be used for architectural accent which
shall consist of no more than 5% of the exterior facade.
2. Roof Pitch.
(i) The roof pitch for all multifamily units shall be a minimum of
6:12.
8
0//14/03!2'04 02
(ii) The use of the same colored shingle throughout the multifamily
development shall qualify for an additional 20 points.
3.03 Screening Walls: Screening walls used in multifamily development shall be as
follows:
a. Unless there is a natural or landscaped open space or buffer area, which
may be zoned either for single family or multifamily use, having a
minimum width of twenty five (25) feet located between single family
residential and multifamily residential uses, a six (6) foot screening wall
shall be constructed by the developer/builder of the multifamily property
between any areas developed for multifamily uses and single family
residential uses. The above referenced six (6) foot screening wall shall be
constructed of stone, stucco, brick, tile, concrete or similar materials or
any combination thereof. Wrought iron fencing may be used as an accent
feature to a screening wall from the front building line to the front
property line or street right-of-way. Wrought iron gates may be used in a
screening wall for access to utility transformers and control panels.
Design of the aforementioned screening fence shall be submitted at the
time of development plan approval.
9
01//d/03I2'04 02
4.0 PLANNED DEVELOPMENT- VILLAGE CENTER NONRESIDENTIAL
DISTRICT AND BUSINESS DISTRICT
Tracts C-1 & C-2
4.01 General Description: The commercial tracts within this Planned Development
located within the proximity of the residential land uses of the Village Center are
intended to accommodate the development of office, retail and commercial
service-related uses for the neighborhood residents.
4.02 Permitted Uses: Land uses permitted within nonresidential areas, indicated as
Tract C-1 in Parcel 1 and Tract C-2 in Parcel 2 as shown on Exhibit "A", shall
include those uses allowed in Article 5 Use Regulations, Section 5.1 Land Use
Charts, Figure 5-3 Land Use Tables,Non-Residential Districts, Village Center,
Community Retail (CR) and Commercial, Commercial Corridor District (CC)
and Section 5.2 Listed Uses as defined in the Zoning Ordinance of the City of
Wylie.
4.03 Community Retail District (CR):
Tract C-2 in Parcel 2 is to be developed in accordance with the development
standards as defined in Article 4 -Nonresidential District Regulations, Section 4.1
Village Center Nonresidential Districts, B. Community Retail (CR), Figure 4-2 -
Community Retail District (CR) in the Zoning Ordinance of the City of Wylie.
4.04 Commercial Corridor District (CC):
Tract C-1 in Parcel 1 is to be developed in accordance with the development
standards as defined in Article 4 - Nonresidential District Regulations, Section 4.2
Business Districts, B. Commercial Corridor District (CC), Figure 4-4 -
Commercial Corridor District (CC) in the Zoning Ordinance of the City of Wylie.
4.05 Nonresidential Design Standards:
The Section 4.4 Nonresidential Design Standards shall apply to the commercial
development within the Planned development District in the Community Retail
(CR) and the Commercial Corridor District (CC) classification with the following
revisions:
a. Figure 4-6 Site Design Requirements:
(i) The total number of land design points for buildings 20,000 square feet
and under- 60 Points Required.
(ii) The total number of land design points for buildings from 20,001 to
40,000 square feet - 40 Points Required.
10
01/14/0312r04-02
(iii) The total number of land design points required for buildings over
40,001 square feet - 20 Points Required.
(iv) Buildings maybe configured as shown on the Illustrative Plan "A"
Tract C-1, attached hereto.
b. Figure 4-7 Landscaping Point Requirements:
(i) Landscaping in Required Yards for buildings less than 40,000 square
feet shall be 15% of the site.
(ii) Landscaping in Required Yards for buildings over 40,000 square feet
shall be 10% of the site.
(iii) The total number of landscaping points required for any commercial
building - 25 Points Required.
4.06 Parking Design Requirements:
The parking for commercial development shall be designed in accordance with
the following:
(i) A parking space being 10 feet wide and 20 feet deep.for 90 degree
parking.
(ii) A parking space in accordance with the dimensions shown on
Illustrative Plan "B"Parking Layout for angled parking.The aisle
rking shall be 24 feet.
(iii)A one-way aisle shall be a minimum of 20 feet wide.
(iv) A two-way aisle shall be a minimum of 24 feet wide.
11
01/14/0312(41 (2
5.0 PLANNED DEVELOPMENT - GENERAL CONDITIONS
5.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein, this
Planned Development shall conform to any and all applicable articles and
sections of the City of Wylie Zoning Ordinance dated February 27, 2002.
5.02 Procedures of the Planned Development District:
a. Zoning Exhibit: A zoning exhibit is hereby attached and made a part of
the approval for this Planned Development District. This zoning exhibit,
indicated as Exhibit "A" sets forth an overall property boundary
description, and the designation of each zoning tract, identified by a
number which corresponds to the tracts defined in this Exhibit "C"
Planned Development District Development Standards.
b. Conceptual Plan:
(i) The Conceptual Plan is hereby attached and made a part of the
approval for the Planned Development District as Exhibit "B".
c. Development Plan:
(i) Prior to any development under this approved Planned
Development District, a development plan for each phase must be
submitted to the City of Wylie for approval. The development
plan shall suffice as the preliminary plat for the residential single
family tracts or districts. The development plan shall suffice as the
site plan for nonresidential tracts or districts. The development
plan shall be approved by the Planning and Zoning Commission
and the City Council prior to the issuance of any building permit
for construction.
(ii) In the event of a conflict between the development standards and a
development plan, the development standards shall apply.
5.03 General Compliance: Except as amended by these conditions, development of
property within this Planned Development must comply with the requirements of
all ordinances, rules and regulations of the City of Wylie as they presently exist.
5.04 Street Requirements:
(i) The street shown on the Conceptual Plan as Exhibit"B" attached
hereto as a Secondary Collector shall be developed as a Secondary
Collector Type C with a 100 foot right-of-way with 4 lanes of
pavement (2 lanes at 25 feet back to back of curb).
12
O1,14/0312'(14r02
(ii) The street shown on the Conceptual Plan as Exhibit "B" attached
hereto as a Collector shall be developed as a Collector Type D
with a 60 foot right-of-way with a 2.5 foot wide easement adjacent
to the right-of-way for utilities with a pavement width of 38 feet
back to back of curb.
(iii) All residential streets shall be developed as Residential Type E
with a right-of-way of 50 feet with a pavement width of 31 feet
back to back of curb.
(iv) The minimum centerline radius for a Secondary Collector Type C
shall be 1,000 feet, a Collector Type D shall be 350 feet and a
Residential Type E shall be 150 feet.
(v) Developer is required to pave one-half of either Woodbridge
Parkway or Hensley Road if the property abuts one side of either
right-of-way and the full street if the property abuts both sides of
the right-of-way.
5.05 Alleys:
(i) The use of alleys in Tracts A-1 and A-2 shall be at the discretion of
the developer and shall be shown on the development plan or
preliminary plat.
(ii) Alleys are required in Tract A-3.
(iii) The use of private streets or fare lanes shall meet the requirements
for alleys in Tract A-4.
(iv) The right-of-way width of an alley may be reduced to fifteen (15)
feet when there is a five (5) foot wide utility easement in the rear
or side yard of a lot adjacent to an alley.
5.06 Hiking and Jogging Trail Along Secondary Collectors, Collectors and
Residential Streets:
(i) An eight(8) foot wide concrete hiking and jogging trail may be
constructed on one (1) side of any major thoroughfare, secondary
thoroughfare and selected residential street in lieu of sidewalks on
both sides of the designated streets. The use of residential streets
shall be limited to those streets needed to provide a continuous
trail system link from a secondary collector or collector to an open
space or park area. In order to provide for a meandering trail, the
pavement for any thoroughfare or residential street shall be
allowed to be offset a maximum of five (5) feet from the center of
the right-of-way to provide for additional parkway on one (1) side
of the designated street for the construction of the meandering
13
0//14/0312(i(I(}2-
trail. The final location of any hiking and jogging trails shall be
shown on the Development Plan or Preliminary Plat.
5.07 Detention: Detention will not be required if the storm water runoff from this
property , or any portion thereof, is discharged into:
(i) Property within the City of Sachse into existing drainage structures
or with City of Sachse approval for additional improvements and a
drainage study updating the existing study provided to the Cities of
Sachse and Wylie for Maxwell Creek along the Woodbridge West
area adjacent to the landfill and the approved CLOMR for
Woodbridge.
(ii) Directed and discharged into Maxwell Creek within an enclosed
drainage system and a drainage study.
(iii) Directed into the Maxwell Creek or the Soil Conservation Service
pond constructed on Maxwell Creek within an authorized drainage
easement along an existing drainage way or natural water course.
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ZONING CASE #2002-18
NOTIFICATION REPORT
APPLICAN1 Herzog Development Corporation APPLICATION FILE #2002-18
9696 Skillman Street,Suite 210 Dallas,Texas 75243
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant- Don Herzog 9696 Skillman Street,Suite 210
1 Herzog Development Corporation Dallas,Texas 75243
Regency B.P#2 PO Box 51676
2 Blk C Lot 36 R-2208-00C-0360-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 3523 Hillridge
3 Blk C 37 R-2208-00C-0370-1 Joseph Earl Willis Plano,Tx 75074
Regency B.P #2 Affordable Boats 2802 Capital St
4 Blk C 38 R-2208-00C-0380-1 c/o Jim Lewis Wylie,Tx 75098-7002
Regency B.P #2 17888 Fm 2755
5 Blk C 39 R-2208-00C-0390-1 Michael R Sargent Lavon,Tx 75166-1906
Regency B.P #2 PO Box 460897
6 Blk C 40 R-2208-00C-0400-1 M L Johnson &Associates Garland,Tx 75046-0897
Regency B.P #2 PO Box 460897
7 Blk C 41 R-2208-00C-0410-1 M L Johnson &Associates Garland,Tx 75046-0897
Regency B.P #2 PO Box 51676
8 Blk C 42 R-2208-00C-0420-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 1 105 E Piano Pkwy Ste 3
9 Blk C 43 R-2208-00C-0430-1 Plumlee Real Estate Plano,Tx 75074-8585
Regency B.P #2 PO Box 51676
10 Blk C 44 R-2208-00C-0440-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
11 Blk D Lot 3 R-2208-00D-0030-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
12 Blk D 4 R-2208-00D-0040-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
13 Blk E Lot 1 R-2208-00E-0010-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 2812 Exchange St
14 Blk E 2 R-2208-00E-0020-1 Scobilt Contractors Inc Wylie,Tx 75098-7006
Regency B.P #2 605 S Sherman St Ste 705G
15 Blk E 3 R-2208-00E-0030-1 Nina Hayes Cleaning Service Inc Richardson,Tx 75081-4046
Regency B.P #2 4200 Mclean Rd
16 Blk E 4 R-2208-00E-0040-1 Rinehold Ltd Fort Worth,Tx 761 1 7-1 006
Regency B.P #2 1218 Edgewood Ln
17 Blk E 5 R-2208-00E-0050-1 Gregg Moseman Allen,Tx 75013
Regency B.P #2 PO Box 51676
18 Blk E 6 R-2208-00E-0060-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
19 BIk E 7 R-2208-00E-0070-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
20 Blk E 8 R-2208-00E-0080-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
21 Blk E 9 R-2208-00E-0090-1 John P Pennington Amarillo,Tx 79159-1676
Hooper B.Park 103 Security Ct
22 BIk A Lot 1 R R-2589-00A-001 R-1 Clark Family LP #2 Wylie,Tx 75098-4943
103 Security Ct
23 Blk A 7 R-2589-00A-0070-1 Clark Family LP #2 Wylie,Tx 75098-4943
2902 Carlisle St Ste 200
24 Blk A 8 R-2589-00A-0080-1 Lyons Equities Inc Dallas,Tx 75204-1013
2902 Carlisle St Ste 200
25 Blk A 9 R-2589-00A-0090-1 Lyons Equities Inc Dallas,Tx 75204-1013
2902 Carlisle St Ste 200
26 Blk A 10 R-2589-00A-0100-1 Lyons Equities Inc Dallas,Tx 75204-1013
2902 Carlisle St Ste 200
27 BIk A 11 R-2589-00A-0110-1 Lyons Equities Inc Dallas,Tx 75204-1013
JParker Addn PO Box 307
28 BIk A Lot 1 R-4602-00A-0010-1 Richard Parker Wylie,Tx 75098-0307
B C Wood PO Box 1042
✓ 29 Abst. 196 Tract 2 R-6196-000-0020-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042
1001 S Ballard Ave
30 Abst. 196 Tract 6 R-6196-000-0060-1 Wylie ISD Wylie,Tx 75098-4177
1001 S Ballard Ave
31 Abst. 193 Tract 2 R-6193-000-0020-1 Wylie ISD Wylie,Tx 75098-4177
Oncor Electric Delivery Company PO Box 219071
32 Abst. 193 Tract 3 R-6193-000-0030-1 State &Local Tax Department Dallas,Tx 75221-9071
2000 N Highway 78
33 Abst. 193 Tract 17 R-6193-000-0170-1 City Of Wylie Wylie,Tx 75098-6043
2000 N Highway 78
34 Abst. 193 Tract 4 R-6193-000-0040-1 City Of Wylie Wylie,Tx 75098-6043
2000 N Highway 78
35 Abst. 193 Tract 5 R-6193-000-0050-1 City Of Wylie Wylie,Tx 75098-6043
3300 N Highway 78
36 Abst. 193 Tract 7 R-6193-000-0070-1 Alton Wayne Hensley Wylie,Tx 75098-6069
200 Hensley Ln
37 Abst. 193 Tract 10 R-6193-000-0100-1 Worth M Speed Wylie,Tx 75098-4902
2 Rue Du Lac St
38 Abst.351 Tract 13 R-6351-000-0130-1 J L Brand Jr &D Green Dallas,Tx 75230-2834
102 Hensley Ln
39 Abst.438 Tract 11 R-6438-000-0110-1 Wayne Rich Wylie,Tx 75098-4900
108 Hensley Ln
40 Abst.438 Tract 6 R-6438-000-0060-1 Norlan Van Cleve Wylie,Tx 75098-4900
200 Hensley Ln
41 Abst.438 Tract 14 R-6438-000-0140-1 Worth M Speed Wylie,Tx 75098-4902
• Ingram lona H 5220 Spring Valley Rd Ste 500
42 Abst. 835 Tract 2 R-6835-000-0020-1 c/o G H Kelsoe Dallas,Tx 75254-2466
B C Wood PO Box 1042
43 Abst. 835 Tract 17 R-6835-000-0170-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042
932 Hooper Rd
44 Abst. 835 Tract 18 R-6835-000-0180-1 Timothy R Johnson Wylie,Tx 75098-7046
PO Box 51676
45 Abst. 835 Tract 39 R-6835-000-0390-1 John P Pennington Amarillo,Tx 79159-1676
Oncor Electric Delivery Company PO Box 219071
46 Abst. 835 Tract 41 R-6835-000-0410-1 State&Local Tax Department Dallas,Tx 75221-9071
PO Box 51676
47 Abst. 835 Tract 16 R-6835-000-0160-1 John P Pennington Amarillo,Tx 79159-1676
Oncor Electric Delivery Company PO Box 219071
48 Abst. 849 Tract 41 R-6849-000-0410-1 State &Local Tax Department Dallas,Tx 75221-9071
1819 Blake Dr
49 Abst. 703 Tract 10 R-6703-000-0100-1 Conrad Boyer Richardson,Tx 75081-2603
331 Hooper Rd
50 Abst. 703 Tract 3 R-6703-000-0030-1 George Allen Ross Wylie,Tx 75098-7035
PSC 76
51 Abst. 703 Tract 2 R-6703-000-0020-1 Tom!Kathleen Silsbee APO,AE 09720-0076
Oncor Electric Delivery Company PO Box 219071
52 Abst. 703 Tract 4 R-6703-000-0040-1 State &Local Tax Department Dallas,Tx 75221-9071
PO Box 546
53 Abst. 703 Tract 5 R-6703-000-0050-1 Birmingham Land Trust Wylie,Tx 75098-0546
PO Box 546
54 Abst. 703 Tract 6 R-6703-000-0060-1 Birmingham Land Trust Wylie,Tx 75098-0546
Oncor Electric Delivery Company PO Box 219071
55 Abst. 703 Tract 9 R-6703-000-0090-1 State &Local Tax Department Dallas,Tx 75221-9071
PO Box 1042
56 Abst. 703 Tract 7 R-6703-000-0070-1 Ida Pearl Scholz Wylie,Tx 75098-1042
/ B C Wood PO Box 1042
V 57 Abst. 703 Tract 8 R-6703-000-0080-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042
B C Wood PO Box 1042
V 58 Abst. 1061 Tract 1 R-7061-000-0010-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042
NiPO Box 1042
59 Abst. 1061 Tract 3 R-7061-000-0030-1 Ida Pearl Scholz Wylie, Tx 75098-1042
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PO Box 1042
I 61 Abst. 1061 Tract 6 R-7061-000-0060-1 Ronald Scholz Wylie,Tx 75098-1042
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62 Abst. 1061 Tract 8 R-7061-000-0080-1 Henry Garland Wylie,Tx 75098-5791
PO Box 307
V63 Abst. 1061 Tract 10 R-7061-000-0100-1 Richard Parker Wylie,Tx 75098-0307
Collin County 210 S.McDonald Street
64 FM 544 Commissioner's Court McKinney,Texas 75069
P.O. Box 66016
65 Dart Railroad DART Railway Company Dallas,Texas 75266
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PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19, 2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 73 North,Wylie,Texas
Name: -1-‘-a L.,- f-ev (46,_
(please,�rint)
Address: I- C - k /0(42
Ply//C
Signature: - 7 r
Date: l f/I ()�
COMMENTS:
•
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: d(,-Jf/af(,/(-7l).11ll 'l r l jZf ceZ
(please t
Address: 0- ' ✓4` /Ce/
/, -,L=. 76/39
Signature: 7fi , `,ham` .��,
Date: ' ///l'//h7J
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name:
(please pri t)
Address: . x 3 e7
Signature: /".7,,,erLd
Date: /04 er/-t --
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 73 North,Wylie,Texas
,,��11 d
A , G-0 .L
Name: � � mot'
(Eleas5 print)Address: . 1 •Q , 93 e L t o4 :1---
• . e_t -r, 5 1 cols/
Signature: en1.,-'t Ae-
L-4),--
Date: ! 1_Q_.J
COMMENTS:
PUBLIC COMMENT FORM
b4
(Please type or use black ink)
t ....'7,'—/'
Department of Planning /j
2000 Highway 78 North /j
Wylie,Texas 75098 �/
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
•
.\\I
Name: -b ��i_El(: \{ 1\N\� C_>�.1:\,) .
(please print) r f
Address: . I �c 11 C;a illy (}\ 10
Signature: \ .\- "'A_J: �' ?•\
Date: I 2 c 7
COMMENTS:
Nov 19 02 10: 03a Dana-Mist 972-509-0156 p. 1
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 7 098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: Tana 9 1 u 01 1 t`. .e /plL &/ee ett ( T�i.l`
(please print) 1t ))
Address: I)0 5 & Pk n o ?a xk kt C(.ti, ) S U i 3
42,cuir x -7 507 i
Signature:
Date:
COMMENTS:
Page 1 of 1
Claude Thompson
From: "George Ross"<ispsales@flash.net>
To: <cthompson@ci.wylie.tx.us>
Cc: <Iprice@ci.wylie.tx.us>
Sent: Tuesday, November 19, 2002 1:05 PM
Subject: Public feedback on Hooper Zoning...
Mr. Thompson,
Since I am in Kansas City,I am unable to be at the meeting tonight
(11/19/02), so I am submitting my comments via e-mail. Please consider
this e-mail as my signature on the Public Comment Form for Planning Case
#2002-18.
My 13 year old may be present to read it to the board for credit for one
of his merit badges. Will he need to have copies to hand out to the
members, or will this be distributed to the members before the meeting?
Regards,
George Ross
214-734-4274
11/19/2002
Zoning Case#2002-18
George Ross
331 Hooper Road
Wylie, TX 75098
1) I support the Planned Development on Parcels 1, 2 and 3
2) I support the decisions and guidance of the City Planning and Zoning Department.
3) I purpose that the developer pursue and develop the land west of the south third of Parcel 1, to
the east edge of my property, or perhaps to the creek. I (George Ross)would like to see the creek
contained in hydro-conduit, from Hooper Road to the power-lines, and fill-dirt used to increase
commercial sq. footage, on both sides of the creek.
4) I purpose that the city include the northern part of the creek in Parcel 2, all the way to FM-544,
as a Green Area(hike-bike trail) in future planning(obtain easement). This is to tie into a Green
Area that the developer may be proposing, and connect to the high shool.
5) I support my neighbor(south of Hensley Lane) need (if any) for retaining walls(fill-dirt or
other methods) to prevent erosion of the south end of their properties, as the developer may have
plans to tie into another development south of neighbor via Hooper Road path. Take advantage of
equip. and fill materials while they are onsite.
City of Wylie
Public Hearing/Agenda Items/Citizens Participation Form Vil
City of Wylie
Date of Planning&Zoning Meetin : Case Name/Number:
Name:ArL Me Gc r/e Address: � Hooper rci i(� //[ 7`J
/ `Please include Qty/State/Zip if yo are not a Wylie Resident.
Phone Number: 7w/'Z7,2 9-59 9/ E-Mail:
Do you represent a group or organization?If so, please provide the following:
Name of group/organization:
Mailing Address: City/State/Zip
E-Mail Address: Phone Number:
When addressing the Commission,you will be asked to state your name and address for our records. We ask that you
please limit your comments to 3 minutes. Thank you for your interest.
I ytish+ g M VfiV 1 IG{{i 6 "P�e� 1�r Number(s):
Additional Comment
a a ;list' �he reAOn/n of 1e pJ,Isnrlan(iT ►rl 2on 'n Se �?Q��? -�� � ��//
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PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
.I am FOR the'requested zoning as explained on the'attached public notice for Zoning Case
/ . 42002-18.
I am AGAINST the requested zoning as on explained
Case#2002-18. p the attached public notice for Zoning
•
• ..
Date,Location&Time of
Planning&Zoning
•
Commission meeting: Tuesday, November 19,2002, 7:00 pm
Municipal Complex,200t}Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 73 North,Wylie,Texas
Name: o�nn e. /V l i 1 1 e!z_
(please print)
Address: . 33 ail' H o!'o 5 l e l
Signature:
Date: /.Z1t3 10 Z
COMMENTS:
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PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
VI am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
•
Date,Location&Tune of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: I0Y‘cJJ #1, &r
(please print)
Address: . 3 3 4fr 14A1E Ley L6/.
lAi GrC" %x 7 g
Signature: /2414%-)
Date: l,/03/ o
COMMENTS:
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LOCATION MAP
•
ZONING CASE #2002-1 8
1
1
NOTIFICATii.A REPORT
APPLICAN1 Herzog Development Corporation APPLICATION FILE #2002-18
9696 Skillman Street,Suite 210 Dallas,Texas 75243
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant- Don Herzog 9696 Skillman Street, Suite 210
1 Herzog Development Corporation Dallas,Texas 75243
Regency B.P #2 PO Box 51676
2 Blk C Lot 36 R-2208-00C-0360-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 3523 Hil!ridge
3 Blk C 37 R-2208-00C-0370-1 Joseph Earl Willis Plano,Tx 75074
Regency B.P #2 Affordable Boats 2802 Capital St
4 Blk C 38 R-2208-00C-0380-1 c/o Jim Lewis Wylie,Tx 75098-7002
Regency B.P #2 17888 Fm 2755
5 Blk C 39 R-2208-00C-0390-1 Michael R Sargent Lavon,Tx 75166-1906
Regency B.P #2 PO Box 460897
6 Blk C 40 R-2208-00C-0400-1 M L Johnson &Associates Garland,Tx 75046-0897
Regency B.P #2 PO Box 460897
7 BIk C 41 R-2208-00C-0410-1 M L Johnson &Associates Garland,Tx 75046-0897
Regency B.P #2 PO Box 51676
8 BIk C 42 R-2208-00C-0420-1 John P Pennington Amarillo, Tx 79159-1676
Regency B.P #2 1 105 E Plano Pkwy Ste 3
9 BIk C 43 R-2208-00C-0430-1 Plumlee Real Estate Plano, Tx 75074-8585
Regency B.P #2 PO Box 51676
10 Blk C 44 R-2208-00C-0440-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
11 Blk D Lot 3 R-2208-00D-0030-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
12 BIk D 4 R-2208-00D-0040-1 John P Pennington Amarillo, Tx 79159-1676
Regency B.P #2 PO Box 51676
13 BIk E Lot 1 R-2208-00E-0010-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 2812 Exchange St
14 Blk E 2 R-2208-00E-0020-1 Scobilt Contractors Inc Wylie,Tx 75098-7006
Regency B.P #2 605 S Sherman St Ste 705G
15 Blk E 3 R-2208-00E-0030-1 Nina Hayes Cleaning Service Inc Richardson,Tx 75081-4046
Regency B.P #2 4200 Mclean Rd
16 Blk E 4 R-2208-00E-0040-1 Rinehold Ltd Fort Worth, Tx 761 1 7-1 006
Regency B.P #2 1218 Edgewood Ln
17 BIk E 5 R-2208-00E-0050-1 Gregg Moseman Allen, Tx 75013
Regency B.P #2 PO Box 51676
18 Blk E 6 R-2208-00E-0060-1 John P Pennington Amarillo,Tx 79159-1676
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Regency B.P #2 PO Box 51676
19 Blk E 7 R-2208-00E-0070-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
20 Blk E 8 R-2208-00E-0080-1 John P Pennington Amarillo,Tx 79159-1676
Regency B.P #2 PO Box 51676
21 BIk E 9 R-2208-00E-0090-1 John P Pennington Amarillo,Tx 79159-1676
Hooper B.Park 103 Security Ct
22 BIk A Lot 1 R R-2589-00A-001 R-1 Clark Family LP #2 Wylie,Tx 75098-4943
103 Security Ct
23 BIk A 7 R-2589-00A-0070-1 Clark Family LP #2 Wylie,Tx 75098-4943
2902 Carlisle St Ste 200
24 Blk A 8 R-2589-00A-0080-1 Lyons Equities Inc Dallas,Tx 75204-1013
2902 Carlisle St Ste 200
25 BIk A 9 R-2589-00A-0090-1 Lyons Equities Inc Dallas,Tx 75204-1013
2902 Carlisle St Ste 200
26 Blk A 10 R-2589-00A-0100-1 Lyons Equities Inc Dallas,Tx 75204-1013
2902 Carlisle St Ste 200
27 BIk A 11 R-2589-00A-0110-1 Lyons Equities Inc Dallas,Tx 75204-1013
/ Parker Addn PO Box 307
28 BIk A Lot 1 R-4602-00A-0010-1 Richard Parker Wylie, Tx 75098-0307
BCWood PO Box 1042
v 29 Abst. 196 Tract 2 R-6196-000-0020-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042
1001 S Ballard Ave
30 Abst. 196 Tract 6 R-6196-000-0060-1 Wylie ISD Wylie,Tx 75098-4177
1001 S Ballard Ave
31 Abst. 193 Tract 2 R-6193-000-0020-1 Wylie ISD Wylie, Tx 75098-4177
Oncor Electric Delivery Company PO Box 219071
32 Abst. 193 Tract 3 R-6193-000-0030-1 State &Local Tax Department Dallas,Tx 75221-9071
. 2000 N Highway 78
33 Abst. 193 Tract 17 R-6193-000-0170-1 City Of Wylie Wylie,Tx 75098-6043
2000 N Highway 78
34 Abst. 193 Tract 4 R-6193-000-0040-1 City Of Wylie Wylie,Tx 75098-6043
2000 N Highway 78
35 Abst. 193 Tract 5 R-6193-000-0050-1 City Of Wylie Wylie,Tx 75098-6043
3300 N Highway 78
36 Abst. 193 Tract 7 R-6193-000-0070-1 Mon Wayne Hensley Wylie,Tx 75098-6069
200 Hensley Ln
37 Abst. 193 Tract 10 R-6193-000-0100-1 Worth M Speed Wylie,Tx 75098-4902
2 Rue Du Lac St
38 Abst. 351 Tract 13 R-6351-000-0130-1 J L Brand Jr &D Green Dallas,Tx 75230-2834
102 Hensley Ln
39 Abst. 438 Tract 11 R-6438-000-0110-1 Wayne Rich Wylie, Tx 75098-4900
108 Hensley Ln
40 Abst.438 Tract 6 R-6438-000-0060-1 Norlan Van Cleve Wylie,Tx 75098-4900
200 Hensley Ln
41 Abst.438 Tract 14 R-6438-000-0140-1 Worth M Speed Wylie, Tx 75098-4902
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Ingram lona H 5220 Spring Valley Rd Ste 500
42 Abst. 835 Tract 2 R-6835-000-0020-1 c/o G H Kelsoe Dallas, Tx 75254-2466
B C Wood PO Box 1042
i 43 Abst.835 Tract 17 R-6835-000-0170-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042
932 Hooper Rd
44 Abst. 835 Tract 18 R-6835-000-0180-1 Timothy R Johnson Wylie,Tx 75098-7046
PO Box 51676
45 Abst. 835 Tract 39 R-6835-000-0390-1 John P Pennington Amarillo, Tx 79159-1676
Oncor Electric Delivery Company PO Box 219071
46 Abst. 835 Tract 41 R-6835-000-0410-1 State &Local Tax Department Dallas,Tx 75221-9071
PO Box 51676
47 Abst. 835 Tract 16 R-6835-000-0160-1 John P Pennington Amarillo, Tx 79159-1676
Oncor Electric Delivery Company PO Box 219071
48 Abst.849 Tract 41 R-6849-000-0410-1 State &Local Tax Department Dallas, Tx 75221-9071
1819 Blake Dr
49 Abst. 703 Tract 10 R-6703-000-0100-1 Conrad Boyer Richardson, Tx 75081-2603
331 Hooper Rd
50 Abst. 703 Tract 3 R-6703-000-0030-1 George Allen Ross Wylie,Tx 75098-7035
PSC 76
51 Abst. 703 Tract 2 R-6703-000-0020-1 Tomi Kathleen Silsbee APO,AE 09720-0076
Oncor Electric Delivery Company PO Box 219071
52 Abst. 703 Tract 4 R-6703-000-0040-1 State &Local Tax Department Dallas,Tx 75221-9071
PO Box 546
53 Abst. 703 Tract 5 R-6703-000-0050-1 Birmingham Land Trust Wylie,Tx 75098-0546
PO Box 546
54 Abst. 703 Tract 6 R-6703-000-0060-1 Birmingham Land Trust Wylie,Tx 75098-0546
Oncor Electric Delivery Company PO Box 219071
55 Abst. 703 Tract 9 R-6703-000-0090-1 State &Local Tax Department Dallas,Tx 75221-9071
PO Box 1042
56 Abst. 703 Tract 7 R-6703-000-0070-1 Ida Pearl Scholz Wylie,Tx 75098-1042
/ B C Wood PO Box 1042
V 57 Abst. 703 Tract 8 R-6703-000-0080-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042
B C Wood PO Box 1042
58 Abst. 1061 Tract 1 R-7061-000-0010-1 c/o Ida Pearl Scholz Wylie, Tx 75098-1042
PO Box 1042
V 59 Abst. 1061 Tract 3 R-7061-000-0030-1 Ida Pearl Scholz Wylie,Tx 75098-1042
PO Box 1042
J 60 Abst. 1061 Tract 4 R-7061-000-0040-1 Ida Pearl Scholz Wylie,Tx 75098-1042
PO Box 1042
V 61 Abst. 1061 Tract 6 R-7061-000-0060-1 Ronald Scholz Wylie,Tx 75098-1042
4131 Skyview Dr
62 Abst. 1061 Tract 8 R-7061-000-0080-1 Henry Garland Wylie,Tx 75098-5791
PO Box 307
V63 4Abst. 1061 Tract 10 R-7061-000-0100-1 Richard Parker Wylie, Tx 75098-0307
Collin County 210 S.McDonald Street
64 FM 544 Commissioner's Court McKinney, Texas 75069 `
P.O. Box 66016
65 Dart Railroad DART Railway Company Dallas,Texas 75266
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PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: a 4,/,f-e.i
(please print) /
Address: I- C /5,.1=' / ' 2
799
Signature: 4), a
Date:
l7(1
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 73 North,Wylie,Texas
Name: 6,1_,-rt4LidJC- L�i�4,- Z( �C��c�/
(please�rict,►)
Address: f ��, e„,
F� /C���
p( / ���e
t f/Signature: / 4 �e
Date: Y //////0-1COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75093
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
•
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: 2��i/.4:9 ga.,e-c•-2.
(please pri t)
Address: . fx 3 07
Signature:
Date: /O/2
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 73 North,Wylie,Texas
0 A)4 ) J � 2—
Name: I
(R.leas5 print)
Address: . i ►Q . 95 t� t o4 L.
• L ‘ ~ €-I -r, s ts.---61 le
Signature: Q'f1<� -e6( • /c'el� ,..--
Date: / /"O?__J
COMMENTS:
PUBLIC COMMENT FORM Q,
(Please type or use black ink) U
Department of Planning /J
2000 Highway 78 North 7 °
Wylie,Texas 75093 [/
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19, 2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: 1 V b RI.f\( F'\N C_)1...t.-1) 1:_
(pleaa�c:� (t (se rint()f r
Address: . 111 \i5 (Pr' (A('0 E
Signature: )\. . EA ... :A-.. �' NA
Date: V , - , - ?_ _
CONLMENTS:
Nov 19 02 10: 03a Dna-Mist 972-509-0156 p. 1
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 7 098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
. I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2002-18.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: lTairla14 7) Dot 1t`.. .e /Piurt/ e Real -EIS
(pease print) I Address: 005 & P/J)a n o ?Q,rk ki C(.�t_{, So f 3
Gt ri r X -7 50-7 d
Signature: l
; (loa----•
Date: A t_
COMMENTS:
Page 1 of 1
Claude Thompson
From: "George Ross"<ispsales@flash.net>
To: <cthompson@ci.wylie.tx.us>
Cc: <Iprice@ci.wylie.tx.us>
Sent: Tuesday, November 19, 2002 1:05 PM
Subject: Public feedback on Hooper Zoning...
Mr. Thompson,
Since I am in Kansas City, I am unable to be at the meeting tonight
(11/19/02), so I am submitting my comments via e-mail. Please consider
this e-mail as my signature on the Public Comment Form for Planning Case
#2002-18.
My 13 year old may be present to read it to the board for credit for one
of his merit badges. Will he need to have copies to hand out to the
members, or will this be distributed to the members before the meeting?
Regards,
George Ross
214-734-4274
\,\I(`(
11/19/2002
Zoning Case#2002-18
George Ross
331 Hooper Road
Wylie, TX 75098
1) I support the Planned Development on Parcels 1, 2 and 3
2) I support the decisions and guidance of the City Planning and Zoning Department.
3) I purpose that the developer pursue and develop the land west of the south third of Parcel 1, to
the east edge of my property, or perhaps to the creek. I (George Ross)would like to see the creek
contained in hydro-conduit, from Hooper Road to the power-lines, and fill-dirt used to increase
commercial sq. footage, on both sides of the creek.
4) I purpose that the city include the northern part of the creek in Parcel 2, all the way to FM-544,
as a Green Area(hike-bike trail) in future planning(obtain easement). This is to tie into a Green
Area that the developer may be proposing, and connect to the high shoot.
5) I support my neighbor(south of Hensley Lane) need (if any) for retaining walls (fill-dirt or
other methods) to prevent erosion of the south end of their properties, as the developer may have
plans to tie into another development south of neighbor via Hooper Road path. Take advantage of
equip. and fill materials while they are onsite.
City of Wylie
rditt
ublic Hearing/Agenda Items/Citizens Participation Form City of Wylie
Date of Planning& Zoning Meetin : ? Hoye,-
Case Name/Number: r�Name: 4Or/C�5 / 2 i tr/� Address: �)Oi� �� (� /�t 75d/ Please includState/Zip if yo are not a Wylie Resident.
Phone Number: 7N-Z62 9-S9 9/ E-Mail:
Do you represent a group or organization?If so, please provide the following:
Name of group/organization:
Mailing Address: City/State/Zip
E-Mail Address: Phone Number:
When addressing the Commission, you will be asked to state your name and address for our records. We ask that you
please limit your comments to 3 minutes. Thank you for your interest.
I wis g+ o t+P het or m Number(s):
Additional Comment / / 1 (�
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•
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning •
2000 Highway 78 North
Wylie,Texas 75098
•
1 am FOIL die requested zoning as explained on the'attached public notice for Zoning Case
/ . #2002-18.,
•
I am AGAINST the requested zoning as on explained
Case 42002-18. p the attached public notice for Zoning
•
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday, November 19,2002, 7:00 pm
Municipal Complex,200t?Highway.78 North,Wylie,Texas
Date,Location &Time of
City Council meeting: Tuesday,December 10,2002,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Nance: dOAnrl e
(please print) •
Address:
Signature:
Date: /.Z�� / Z
COMMENTS:
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PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2002-18.
I am AGAINST the requested zoning as explained on the attached public notice for Zo i
Case#2002-18. n ng
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,November 19,2002,7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, December 10,2002,6:00 pm _
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: �o) c f J A;/(€ r
(please print)
Address: . 3 /1-4;A/S. (Je y L,/y.
(Ai G l c.?" ix -7 s
Signature: /141
Date: l zf 03/ o v
COMMENTS: //
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1i e .
WYLIE CITY COUNCIL
AGENDA ITEM NO. a.
January 14, 2003
Issue
Consider and act upon authorizing the City Manager to execute and award a contract to Birkhoff,
Hendricks, & Comway, L.L.P., Consulting Engineers, in the amount of$93,500 for engineering
services to update the water, wastewater and roadway impact fees for the City of Wylie.
Background
During the recent Legislative Session, Senate Bill 243 (SB243) was enacted which resulted in
several amendments to impact fee regulations. Although some of the amendments regarding the
procedures which must be followed to adopt impact fees are beneficial to municipalities, the
amendment which affects the collection and calculation of impact fees will have a negative impact
on the City of Wylie. As summarized by TML, the legislation, which was effective September
1, 2001 requires:
...that the city give credit for that portion of property tax and utility revenue generated by
new service units during the program period that is used for the payment of improvements,
including the payment of debt, that are included in the capital improvement plan. In the
alternative, the city may give a credit equal to 50 percent of the total projected cost of
implementing the capital improvement plan.
Due to the changes in Chapter 395 of the Local Government Code, the City adopted an impact
fee equal to 50% of the maximum calculated fee. The proposed Engineering Services Agreement
will calculate a maximum impact fee including a property tax and utility revenue credit. The
update will also incorporate new population projections and land use assumptions, which will be
provided by the City.
The proposal also includes an optional traffic improvements impact fee study to be performed by
Lee Engineering acting as a subconsultant to Birkhoff, Hendricks, & Conway. Developers are
currently required to construct one half of the roadways adjacent to the proposed development;
however, they are not required to improve the roadways that are the jurisdiction of the Texas
Department of Transportation (TxDOT). Due to State funding shortfalls for roadway
reconstruction, Cities and Counties are funding many of the local projects such as FM 1378, and
therefore, these projects may be eligible for inclusion in the roadway impact fee.
Financial Considerations
A summary of fees is shown below:
Summary of Fees
Update Water Distribution Master Plan $20,000
Update Sewer System Spreadsheets for C.I.P. $14,500
Prepare Water and Wastewater Impact Fee $40,000
Prepare Traffic Improvements Impact Fee $18,400
Expenses $600
Total $93,500
$115,000 was included in the FY '03 Engineering budget for the impact fee update.
Other Considerations
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Authorize the City Manager to execute and award a contract to Birkhoff, Hendricks, & Conway, L.L.P.,
Consulting Engineers, in the amount of$93,500 for engineering services to update the water, wastewater
and roadway impact fees for the City of Wylie.
Attachments
Engineering services agreement from Birkhoff, Hendricks, & Conway, L.L.P., Consulting Engineers.
Prepared by Reviewed by Finance City Manag pproval
ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Wylie,
Texas, hereinafter referred to as "City", and Birkhoff, Hendricks & Conway, L.L.P., hereinafter
referred to as "Engineer", to be effective from and after the date as provided herein.
WITNESSETH:
WHEREAS, the City desires to engage the services of the Engineer to render services
to update the water distribution model and update the water, wastewater and roadway impact fee in
accordance with Chapter 395 of the Local Government Code, for the City of Wylie, Collin County,
Texas, hereinafter referred to as the "Project"; and
WHEREAS, the Engineer desires to render such services for the City under the terms
and conditions provided herein.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties hereto agree as follows:
I. Employment of the Engineer
The City hereby agrees to retain the Engineer to perform services in connection with the
Project; Engineer agrees to perform such services in accordance with the terms and conditions of
this Agreement.
II. Scope of Services
The parties agree that Engineer shall perform such services as described in Exhibit "A",
which is attached hereto and thereby made a part of this Agreement. Only services described in
Exhibit "A" shall be considered part of this Agreement. The Engineer shall not be responsible for
additional work to obtain the information to be supplied by the City as described in Exhibit "C".
The parties understand and agree that deviations or modifications, in the form of written changes
may be authorized from time to time by the City.
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III. Schedule of Work
The Engineer agrees to commence services immediately upon execution of this
Agreement, and to proceed diligently with said service to completion. Due to the amount of public
participation in this project a completion schedule is not included.
IV. Compensation and Method of Payment
The parties agree that Engineer shall be compensated for all services provided pursuant
to this Agreement in the amount and manner described and set forth in the Payment Schedule
attached hereto as Exhibit "B" and thereby made a part of this Agreement. Engineer further agrees
to prepare and present such monthly progress reports and itemized statements as are described in
said Exhibit "B". City agrees to pay invoices upon receipt.
V. Information to be Provided by the City
The City agrees to furnish, if available, prior to commencement of services, all the
information set forth and described on Exhibit "C", which is attached hereto and thereby made a
part of this Agreement. Failure to provide the information may be cause for adjustment under
Article II and Article IV of this Agreement.
VI. Insurance
Engineer agrees to procure and maintain for the duration of the contract Professional
Liability Insurance, Worker's Compensation, General Liability and Automobile Insurance.
VII. Assignment and Subletting
The Engineer agrees that neither this Agreement nor the services to be performed
hereunder will be assigned or sublet without the prior consent of the City. The Engineer further
agrees that the assignment or subletting of any portion or feature of the work or materials required
in the performance of this Agreement shall not relieve the Engineer from its obligations to the City
as provided by this Agreement. The City understands and agrees that the services outlined for the
Option for the Roadway Impact Fee will be performed by Lee Engineering of Dallas, Texas.
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VIII. Audits and Records
The Engineer agrees that at any time during normal business hours and as often as City
may deem necessary, Engineer shall make available to representatives of the City for examination
all of its records with respect to all matters covered by this Agreement, and will permit such
representatives of the City to audit, examine, and make excerpts or transcripts from such records,
and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement, all for a period of one
year from the date of final settlement of this Agreement or for such other or longer period, if any, as
may be required by applicable statute or other lawful requirement.
IX. Contract Termination
The parties agree that City or the Engineer shall have the right to terminate this
Agreement without cause upon thirty (30) days written notice to the other. In the event of such
termination without cause, Engineer shall deliver to City all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, reports photographs or other items prepared by Engineer
in connection with this Agreement. Engineer shall be entitled to compensation for any and all
services completed to the satisfaction of City in accordance with the provisions of this Agreement
prior to termination.
X. Engineer's Opinion of Cost
The parties recognize and agree that any and all opinions of cost prepared by Engineer
in connection with the Project represent the best judgment of Engineer as a design professional
familiar with the construction industry, but that the Engineer does not guarantee that any bids
solicited or received in connection with the Project will not vary from the Engineer's opinion.
XI. Ownership of Documents
Original drawings and reports are the property of the Engineer; however, the Project is
the property of the City. The City shall be furnished with reproductions of drawings and reports.
Upon completion of the services or any earlier termination of this Agreement under Article IX, the
Engineer will revise drawings, reports or spreadsheets to reflect the conditions understood prior to
termination of contract and provide copies to the City. Additional copies of reports shall be
furnished at cost, as an additional service, at any other time requested by City.
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XII. Complete Contract
This Agreement, including the exhibits hereto numbered "A" through "C" constitutes
the entire agreement by and between the parties regarding the subject matter hereof.
XIII. Mailing of Notices
Unless instructed otherwise in writing, Engineer agrees that all notices or
communications to City permitted or required under this Agreement shall be addressed to City at
the following address:
Mr. Chris Hoisted, P.E.
City Engineer
City of Wylie
2000 Highway 78 N.
Wylie, Texas 75098
City agrees that all notices or communications to Engineer permitted or required under
this Agreement shall be addressed to Engineer at the following address:
Joe R. Carter, P.E.
Birkhoff, Hendricks & Conway, L.L.P.
7502 Greenville Avenue, #220
Dallas, Texas 75231
Phone: (214) 361-7900
All notices or communications required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date the sending party posts such
notice or communication.
XIV. Contract Amendments
This Agreement may be amended only by the mutual agreement of the parties expressed
in writing.
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XV. Effective Date
This Agreement shall be effective from and after execution by both parties hereto.
WITNESS OUR HANDS AND SEALS on the date indicated below.
CITY OF WYLIE, TEXAS BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
By: By: c,. d
' Joe R. Carter, P.E., Partner
Date: Date: // US U
ATTEST: ATTEST:
By: By: ( / i/ �
John W. Birkhoff, .E., Partner
Date: Date: // /5 /O Z
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EXHIBIT "A"
CITY OF WYLIE
WATER DISTRIBUTION SYSTEM MASTER PLAN UPDATE
AND
ENGINEERING ANALYSIS FOR THE UPDATE OF THE WATER, WASTEWATER AND
ROADWAY IMPACT FEE CALCULATION
SCOPE OF SERVICES
A. Water Distribution System Master Plan
1. Update the City's current water distribution system hydraulic model data to include
additions to the existing model since the last update in April 2001, and the 10-year
Master Plan model.
2. Evaluate the maximum daily, maximum hourly and minimum hourly water system
demands based on:
a. Available water records provided by the City, including pumping records,
elevated storage tank level data, and meter data (including North Texas Municipal
Water District (NTMWD) supply meters), wholesale customer meters (if any) and any
unique water demand customers within the distribution system.
b. Current population estimates and projections provided by the City.
c. Current zoning and projected land use assumptions (to be provided by the City).
d. Existing and projected demands of the City's wholesale water customers(if any).
3. Update both the existing system model and the master plan model with the revised
demands. Apply the hydraulic system demands based on existing and project land use
assumptions.
4. Model the existing pump stations utilizing actual pump flow data or pump curves, where
available from the City.
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5. Add existing water lines to the model at the City's direction and as required to properly
evaluate both the existing and 10-year master plan scenarios.
6. Prepare both an existing system, and master plan hydraulic map showing the water
system elements contained in the hydraulic model including:
a) Line sizes and numbers of modeled lines
b) Junction nodes and numbers
c) Existing and recommend elevated and ground storage tanks
d) Existing and recommended pump station layouts
7. The master plan map will be based on the electronic street map and/or water map
provided by the City of Wylie.
8. Evaluate and make recommendations for system improvements for both the existing
system and the 10-year Master Plan.
B. Wastewater System Spreadsheets
1. Update the City's current wastewater system spreadsheets to include additions to the
existing system since the last update in April 2001, and update the 10-year Master Plan.
2. Evaluate the total capacity available, the capacity currently utilized and the capacity
utilized during the impact fee period based on:
a. Available records provided by the City, including final plats and building permits
together with drainage area maps to determine current and projected percentage of
development for each drainage basin.
b. Current population estimates and projections provided by the City.
c. Current zoning and projected land use assumptions (to be provided by the City).
3. Update the existing system spreadsheets and the master plan spreadsheets with the
revised projected population growth. Determine percent capacity utilized based on
comparison of the population projected for the fully developed drainage basin to the
estimated population for current development and development over the impact fee
period for the drainage basin.
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4. Add existing sewer lines to the spreadsheets at the City's direction and as required to
properly evaluate both the existing and 10-year Master Plan scenarios.
1. Engineering Analysis for the Update of the Water and Wastewater Impact Fee
Calculation
1. Review the water and wastewater capital improvement projects included in the last
impact fee report and summarize the current status of the program along with a
comparison of actual project cost as provided by the City to the estimates used.
2. Review, update, and add where necessary, capital water and wastewater projects eligible
for recovery in the impact fee program.
3. Develop a 10-year capital improvement program with cost estimates and an
implementation schedule based on land use and growth assumptions provided by the City
of Wylie.
4. Inventory new and existing water and wastewater projects eligible for the impact fee
program.
5. For each water and wastewater project identified, calculate the capacity currently utilized,
total capacity available, the capacity utilized during the 10-year impact fee period.
6. Review of the existing living unit equivalent (LUE) for both the water and wastewater
impact fee. The LUE for water impact fee shall be based on water meter sizes per
AWWA.
7. Calculate the water and wastewater impact fee based on the list of projects that are
eligible for recovery, actual construction cost of existing projects, projected cost of
projects on the 10-year capital improvements program, living unit equivalent and the
utilized capacity of facilities over the 10-year period.
8. Develop a stand alone written engineering analysis report, including schedules, opinions
of probable costs, capacity tabulations, exhibits and capital improvement program maps.
9. Coordinate information and findings with City staff, and other team project consultants.
10. Attend conferences and meetings to discuss detailed project approach, study findings,
interim reports and final conclusions and recommendations.
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11. All tabulations, schedules and cost estimates shall be in electronic spreadsheet format and
provided to the City staff.
12. Participate in staff meetings as required. Attend Committee meetings and Public
Hearings to provide assistance to City staff for the staff presentation of the Capital
Improvement Program and Impact Fee Ordinance.
Optional Alternate—Update of the Roadway Impact Fee Calculation (Lee Engineering)
Note: Lee Engineering will perform the tasks under this subheading of the Scope of Services.
1. Project Initiation
Gather information on legal requirements for roadway impact fees and methodologies
that have been successfully implemented. Meet with City staff to gather data, discuss
methodologies, and confirm project schedule.
2. Data Collection
Collect available traffic volume and roadway data. Identify additional data need, and
collect the data as required. 24-hour traffic counts will be collected at up to 25 locations.
3. Review Service Areas
Review the existing traffic survey zone map, review the service area boundaries, and
identify any required modifications.
4. Existing Land Uses and Roadways
Review existing land use data provided by the City of Wylie and compile it into a format
for use in developing roadway impact fees. Compile an inventory of the existing
roadways and calculate the existing usage and deficiencies.
5. Review Growth Assumptions
Review projected land use, population and employment data and identify new traffic
demands that will be generated. This effort will be coordinated with the NCTCOG if
possible. Any agreements with the NCTCOG to perform work for this project will be
made between the City and the NCTCOG and will not be a part of this contract.
6. Review 10-year Roadway Improvement Projects
Review proposed 10-year roadway improvement projects to ensure that projected
demands will be served. Projects will be reviewed for roadway impact fee funding
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eligibility. Additional projects will be identified if needed to meet demands. Other
eligible reimbursement projects will also be identified.
Information on the roadway improvement projects including cost, length, and capacity
provided will be gathered from Birkhoff, Hendricks & Conway, L.L.P. and compiled for
use in calculating roadway impact fees.
7. Calculate Maximum Fee Per Service Unit
Based on the new demand data and project cost data, actual cost and a maximum fee per
service unit will be calculated for each service area.
8. Develop Service Unit Generation Rates
Review existing service unit generation data. This data will be updated and
supplemented with trip length data if required. An updated Service Unit Equivalency
table will be prepared.
9. Meetings
Participate in study team meetings as required. Participate in two public meetings as part
of the update process. Additional public meetings will be considered beyond the scope of
this agreement and will be billed as additional work.
Deliverables
2. Prepare and deliver one unbound original plan document of the Water Distribution
System Master Plan Report and the Engineering Analysis for the Impact Fee Update.
Each report will be capable of reproduction by the City.
3. Prepare and deliver five (5) bound copies of the Water Distribution System Master Plan
Report, and the Engineering Analysis for the Impact Fee Update Report, including
methodology of the analysis, recommendations, schedules, probable cost for system
improvements, and computer analysis input and output data set printouts. Prepare and
deliver fifteen (15) bound copies of the Water Distribution System Master Plan Report,
and the Engineering Analysis for the Impact Fee Update Report without the computer
analysis input and output data set printouts.
4. Prepare and deliver twenty (20) 1"=1000' scale color coded maps of the Water
Distribution System Master Plan and one foam board mounted color coded map of the
Water Distribution System Master Plan.
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5. Deliver AutoCAD drawing files of the existing, 10-year and master plan of the water
distribution system containing the Cybernet data base attributes and associated data files.
6. Deliver electronic files of the report material in MS Office format.
7. Present the findings to the City staff, Impact Fee Advisory Committee and/or City
Council.
8. All electronic files will be delivered under the following conditions:
a) The files are compatible with AutoCAD R14 by Autodesk, Cybernet Ver. 3.0 by
Haested Methods, Microsoft Office 2000 and Excel 2000. We do not make any
warranty as to the compatibility of these files beyond these release versions.
b) Because data stored on electronic media can deteriorate undetected or be modified, it
is agreed that Birkhoff, Hendricks & Conway, L.L.P., will not be held liable for
completeness or correctness of electronic media after an acceptance period of thirty
days after delivery of these files.
c) The electronic files are an instrument of Birkhoff, Hendricks & Conway, L.L.P.'s
service. Where a conflict exists between the hard copy drawings and the electronic
files, the hard copy drawings will govern in all cases.
d) Both parties acknowledge mutual non-exclusive ownership of electronic files and
each party may use, alter, modify or delete the files without consequence to the other
party.
e) The electronic files provided to the City will not contain engineer's seals, handwritten
dates, or signatures.
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EXHIBIT "B"
CITY OF WYLIE
WATER DISTRIBUTION SYSTEM MASTER PLAN UPDATE
AND
ENGINEERING ANALYSIS FOR THE UPDATE OF THE WATER, WASTEWATER AND
ROADWAY IMPACT FEE CALCULATION
PAYMENT SCHEDULE
Compensation for services for this contract shall be based on actual salary cost times a multiplier of
2.40, with expenses at actual invoice amount times 1.15. Billings shall be posted monthly based the
time worked on the contract and expenses incurred, with payment due within thirty days from the
date of the invoice. The tabulation below shows the anticipated breakdown of the services by task
category:
Task Amount
A. Update Water Distribution System Master Plan $20,000
B. Update Sewer System Spreadsheets for C.I.P. $14,500
C. Prepare Water and Wastewater Impact Fee $40,000
D. Prepare Traffic Improvements Impact Fee (Optional) $18,400
E. Expenses $ 600
Total Contract Amount $93,500
•
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EXHIBIT "C"
CITY OF WYLIE
WATER DISTRIBUTION SYSTEM MASTER PLAN UPDATE
AND
ENGINEERING ANALYSIS FOR THE UPDATE OF THE WATER, WASTEWATER AND
ROADWAY IMPACT FEE CALACULATION
Data and Assistance to be Furnished to Consultant
The City of Wylie agrees to furnish the following data and scope of services:
1. Current electronic files (WaterCad) for the Water Distribution System Model and the Water
Distribution System Master Plan (10-year) Model.
2. Current electronic files for wastewater system spreadsheets for the current system and for
the most recent 10-year Master Plan.
3. Current Impact Fee Report and Ordinance including methodology, schedules, probable cost
for water and wastewater improvements and computer data input and output printouts.
4. Current Land Use Plan and all land use assumptions including densities and land use
definitions to be incorporated into the impact fee calculation.
5. Data regarding actual cost of impact fee eligible projects, including engineering, acquisition
of rights of way and testing.
6. Information regarding past developer and or facilities agreements and pro-rata charges that
may affect the calculation of the final maximum impact fee.
7. Calculation of the credit to be applied to the maximum impact fee as a result of future water
and sewer revenues and ad valorem taxes to be collected during the impact fee period and as
applied to the Impact Fee Capital Improvement Plan.
8. Preparation and presentation of the Impact Fee Land Use Assumptions to both the Advisory
Committee and at the Public Hearing(s).
9. Coordination of the necessary public notices in the local newspaper and distribution of
Impact Land Use Assumptions, Engineering Reports, and Ordinance for public comment.
10. Preparation of the Impact Fee Ordinance and presentation to the Advisory Committee and at
the Public Hearing(s).
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