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04-08-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, APRIL 8, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO;ORDE R INVOCATION&:PLEB E OF ALLE Al CR FRI •G .,A1 TiONS&&•FR.F r""••••TATIONS • National Library Week Proclamation CITIZENS;P T`ICI *ATIO CONSENT A3A AO matters meted.under tine Consent Agenda.are;eonsidered to be routine;by.the City:Ct it and.will been d by o>ne m ain» There w not be a�,rate discus o of i ts:::I£dlseu :..i desired,ghat. em wilt:be removed: from;thee Consent a genda and will>:bre consiidered:sepa y A. Approval of the Minutes from the Regular Meeting of March 25, 2003. INDI�IDUAI, C`OSIDJT�4111 >> 1. Consider and act upon a resolution establishing an energy conservation program as prescribed by State Senate Bill 5. Executive Summary State Senate Bill 5(SB 5),as passed by the 77th Legislature,amended the Texas Health and Safety Code by creating Section 388.005 titled "Energy Efficiency Programs in Certain Counties". Section 388.005 requires political subdivisions in ozone non-attainment areas to implement certain energy conservation measures. As a result of these requirements, the Energy Efficient Partnership Program has been created under the authority of the State Energy Conservation Office(SECO). SECO is charged with providing assistance to effected entities in meeting the requirements of SB 5. One of the first steps of compliance is the establishment,by resolution of the governing body, of an energy conservation program. The primary elements of such a program are: (1) to undertake cost effective energy efficiency projects resulting in a reduction in the use of electricity,(2)establishing a goal of reducing electrical consumption by five per cent each year for a five year period and(3) submitting an annual report to SECO outlining the efforts and progress made toward these goals. City staff has already initiated an energy conservation audit which was performed by Seco's audit contractor,Estes,McClure&Associates. Seco provides the audit service at no charge to the political entity in order to identify changes in maintenance/operation procedures or system retrofits to improve energy efficiency. The resulting audit report contains specific recommendations for implementation of the energy conservation program.Recommended maintenance and operation procedures which can be implemented at little or no cost to the City include turning off lights in areas that are unoccupied for long periods of time,reprogramming or replacing thermostats and powering down computer monitors when not in use.Although SB 5 contains no provision for enforcement and there are no penalties for noncompliance,implementation of the program will demonstrate the City's commitment to energy conservation and reduced operating costs. 2. Consider and act upon the award of a contract for the construction of the Kirby St./Stone Rd. Connector to JRJ Paving in the amount of$618,362.97. Executive Summary The realignment of Kirby Street was identified as P3 in the 1999 Bond Program and included reconstruction of the roadway to a 4-lane divided section from the intersection of Birmingham Ave east to the intersection of Ballard Ave. and Stone Rd. The purchase of one right- of-way parcel has not been finalized; however,the City has acquired a right-of-entry, which will allow the project to be constructed. On February 4, 2003 a total of four (4)bids were opened for the project. JRJ Paving submitted the low bid in the amount of$618,362.97. $965,000 was identified in the bond program for the project. To date,approximately$510,000 has been spent for engineering services and right-of-way purchase. Total cost for the project is projected to be$1,200,000. Additional bond funds will be used from interest earnings and from the miscellaneous street improvements to cover the increase in the project cost. 3. Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) District to Special Use Permit (SUP) for Commercial Amusement, located at 702 Highway 78, being Lot 2A of Block 2 of the Oaks Retail Addition, situated on the east side of S.H. 78 and south of Brown Street, City of Wylie, Collin County, Texas. (Zoning Case 2003-02) Executive Summary The applicant is requesting a Special Use Permit(SUP)in order to install and operate an Indoor and Outdoor Commercial Amusement(skating center) in a vacant parcel of an existing retail center. The parcel consists of a building of approximately 6,000 square feet and associated parking as well as paved and unpaved open space. Plans are to utilize the building for skating,video and other game machines and concessions for food,skates and other products,and to use the outdoor paved area for temporary/movable skateboarding and the grassed area for volleyball. The property was rezoned from Retail to Corridor Commercial(CC)in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and Map. Commercial Amusement uses are allowed within both the current Corridor Commercial District and the previous Retail District only with an approved Special Use Permit(SUP). The Zoning Ordinance requires a Special Use Permit(SUP)as a means of establishing special conditions for allowing certain uses in a manner which is more compatible and consistent with the character of adjacent property than that use may normally be at other locations. At the March18,2003 Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of the proposed zoning change with stipulations. *EADINGO:Or ORDINANCES TITLE & CAPTIO i APPRO D Bat' COUNCIL AS REQUIRES B W' III +C`ITY C R'7�'I ,ARTICLE:II:,SECTION`13 EXECUTIVE SESSION; In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated(Open Meeting Act), Section 551.074, Personnel Matters;closed meeting, Contracts for the Assistant City Manager and the City Manager. RECON E .E INTO OPEN 1t ETII 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 with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Proclamation Whereas, our nation's libraries and librarians play a vital role in connecting millions of people with the resources they need to live, learn,work,govern and thrive in the 21st Century; and Whereas, Americans use libraries to find jobs,to learn to read,to be literate online, to find vital health facts,to research their environment and diets -and to find food for our souls; and Whereas, librarians are the guardians of free access to information and resources. Libraries are for everyone, everywhere; and Whereas, every library -whether public, school, academic or special -has something unique to offer that ties its community to the very concept of a free people in a free land; and Whereas, a library is just as important a part of a community's infrastructure as any road, bridge, public building or utility; and Whereas, libraries are places of opportunity, education and self-help. Libraries are part of the American dream; and Whereas, in times of economic instability, Americans turn to -and depend on-their libraries and librarians;and Whereas, awareness and support must be increased for libraries by increasing the visibility of libraries in a positive context and by communicating clearly and strongly why libraries are both unique and valuable; and Whereas, millions of people pass through the library each year, but without adequate support, library resources may not be there when we need them. We must ensure our libraries have a future with sustained funding and support; and Now,therefore, I, John Mondy, Mayor of the City of Wylie, do hereby proclaim National Library Week, April 7-11 2003. I encourage all residents to support and use their library. Proclaimed this 8th day of April, 2003 John Mondy, Mayor MINUTES Wylie City Council Tuesday, March 25, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Councilman Trout called the meeting to order at 6:07 p.m. with the following Council members present; Councilwoman Reta Allen, Councilman Eric Hogue and Councilman Merrill Young. Councilman Scott and Councilman Worley were absent. Mayor John Mondy was present for Work Session at 6:45 p.m. The following staff members present were; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Public Information Officer, Mark Witter; and Interim City Secretary, Aimee Nemer. INVOCt1 I`IO &PLEDGE F ALL +GIANC ... . Reverend Michael Frick of Faith Lutheran Church gave the invocation and Councilman Young led the Pledge of Allegiance. (1 T`IZ iS PA1�T1c'I P'A"II+E N There was no citizen participation. CONS l TAGEI' D :.. Atl: atters listed:::under the Consent Age nda are con&idered `be routine by the City;Council and `will be ena d by o e motmion 'mere will not;be separate: `aft :.items if discussion.is: esir t. v ll be reh d.from he ( Agenda sand'w ll be c idered aratel A. Approval of the Minutes from the Regular Meeting of March 11, 2003. Council Action Councilman Hogue made a motion to approve the Consent Agenda. Councilman Young seconded the motion. A vote was taken and passed, 4-0, with Mayor Mondy, Councilman Scott,and Councilman Worley absent. INDIVIDUAL ON I1E.E.RtATION 1. Consider and act upon authorizing the consultant firm MAXIMUS, Inc. to conduct a water and sewer rate study. Staff Comments Mr. Brady Snellgrove addressed Council on this item. He stated that the City's water and sewer systems are changing dramatically with the current growth in the residential and commercial customer base. Mr. Snellgrove stated that the City would soon be facing the challenge of increasing rates in order to pay for the costs and operation of the Muddy Creek Wastewater Treatment Plant. He explained to Council that a Request for Proposal (RFP) has been distributed and that Maximus, Inc. successfully meets the needs required in the RFP. Mr. Snellgrove explained that the work plan submitted by Maximus calls for a fifteen week study with findings being presented to Council in July. Minutes—March 25,2003 Wylie City Council Page 1 Council Discussion Councilman Young requested that the time for presentation of the study results be more specific. Consultant Comments Mr. Bob McLain, Senior Manager, Maximus, Inc. stated that the firm would be proposing a schedule with a more specific timeline. Council Action Councilman Young made a motion to approve with Councilwoman Allen seconding the motion. A vote was taken and passed, 4-0. 2. Hold a Public Hearing to consider and act upon adoption of certain proposed revisions to the Landscape Requirements, Section 4.4.E.1.a.(1) of the Comprehensive Zoning Ordinance of the City of Wylie. Staff Comments Mr. Claude Thompson addressed Council on this item. He stated that the City's Zoning Regulations has been revised several times since its adoption in 1962. He explained that each revision has established minimum requirements for landscaping of development sites. Mr. Thompson explained that the current regulations require landscaping for nonresidential uses to twenty percent (20%) of the site for Neighborhood Services, Community Retail and Corridor Commercial Districts and ten percent (10%) in Business Center and Industrial Districts. Mr. Thompson stated that the proposed regulation would require a single building of 100,000 square feet or more constructed in Community Retail or Corridor Commercial should be at least 10%landscaped as opposed to 20%. Council Discussion Councilman Trout inquired if the rear portion of the building is addressed in the proposed requirement. Mr. Thompson stated that the rear section was addressed and that the current zoning is based on a point system for landscaping in the rear. Councilman Young voiced his concern with smaller businesses having to meet higher standards. Mr. Johnson explained that the percentages were equal when you compare the requirements based on square footage. Councilman Hogue inquired if the proposed regulations were comparable to other cities. Mr. Thompson stated that it was comparable to corridors in Garland that have big box retail such as 190/N. Garland Road. Council Action Councilman Trout opened and closed the Public Hearing with no citizens coming forward. Councilman Hogue made a motion to approve with Councilman Young seconding the motion. A vote was taken and passed, 4-0. Councilman Trout requested Staff to research the comparison of small businesses vs. larger businesses meeting the landscaping requirements. Mr. Johnson stated that Staff would provide an analysis for Council. 3. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential (SF-8.5/17) to Corridor Commercial (CC), generally located east of Paul Wilson Road and south of Skyview Drive, being all of a certain 2.00 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688-1, Tract 201, City of Wylie, Collin County, Texas. (Zoning Case 2003-01) Staff Comments Mr. Thompson addressed Council on this item. He explained that the subject 2-acre tract was annexed into the City as part of a 46.5-acre tract in September of 1984, and was zoned for residential uses at the time of annexation. Mr. Thompson told Council that both Paul Wilson Road and Skyview Drive are currently rural roadways and generally dead-end routes to the north and west of the intersection where the subject tract is located. He stated that Park Boulevard is to be extended as a Minutes—March 25,2003 Wylie City Council Page 2 regional thoroughfare to align with the Skyview corridor, and improved to six lanes with divided median; and Paul Wilson will remain a local two-lane street, even if reconstructed in the future. Developer Comments Mike Blocker, property owner, 1719 Mapleleaf Falls Drive, Allen Texas, addressed Council. He stated that the proposed development will meet all City requirements. Council Discussion Councilman Young asked for clarification on the notification requirements and whether or not county residents were required to be notified. Mr. Thompson stated that Collin County is notified on behalf of County residents. Councilman Hogue asked for clarification on a super majority vote. Mr. Thompson stated that a super majority vote was to overturn a denial by the Planning and Zoning Board. Council Action Councilman Trout opened and closed the Public Hearing with no citizens coming forward. Councilman Hogue made a motion to approve with Councilwoman Allen seconding the motion. A vote was taken and passed, 4-0. 4. Consider and act upon an ordinance disannexing a 1.53 acre tract located east of Lavon Parkway, and generally northeast of the Cascades Subdivision. Staff Comments Ms. Manson addressed Council on this item. She stated that the property in question is a portion of a 4-acre tract that is located partially in St. Paul and partially in Wylie. Ms. Manson explained that the access to the property is from the southern end of Lavon Parkway, a portion of which was closed several years ago by St. Paul to prevent the road from becoming a through street to the tract in Wylie, which was subsequently developed as the Cascades Subdivision. She stated that the property owner has requested disannexation simply to bring the property into a single jurisdiction, and is not alleging a failure to provide services. Ms. Manson told Council that staff recommends releasing the property for the best interest of the City. She explained to Council that the City had the authority to release the property and that a public hearing was not required. Council Discussion Councilman Trout inquired if there was any other property in the area under the same circumstances. Ms. Manson stated that there was not. Councilwoman Allen inquired if the property in question was in the Wylie Northeast Water District. Ms. Manson stated that it was. Council Action Councilman Young made a motion to approve with Councilman Hogue seconding the motion. A vote was taken and passed, 4-0. READING F ORDIN.' NC S TITLE & :VA::PTION .APPROVED BY C€ TR CIL ,A;S. REQUIRED► BY` YLIE CITY CHARTER,ARTICLE IH,. Et CTIO1't 13-I3 Ordinance Nos. 2003-04, 2003-05,and 2003-06 were read into the record. Wf SESSI#1N; Council adjourned to Work Session at 6:45 p.m. Mayor Mondy was present for Work Session. Minutes—March 25,2003 Wylie City Council Page 3 • Discussion of intersections and median openings along SH 78 and discussion of the 1999 bond projects. Staff Presentation Chris Hoisted presented information to Council regarding the City's options for median openings and intersection alignments along Highway 78, specifically, the intersection of Brown and SH 78, and a median opening at Fifth Street and SH 78. There was discussion on Brown Street being designated the `truck route' in order to avoid truck traffic through the downtown area on Ballard Street. Council was informed that if Brown Street was the designated truck route,then a median opening could not be permitted at Fifth Street and Highway 78 due to the proximity of the Brown/78 intersection. Council Discussion Council requested more information on various options with both Brown and Fifth Street intersecting with Highway 78. Council expressed concern with denying access to Fifth Street from Southbound 78 traffic. There was some discussion on purchasing land that would allow the Fifth Street intersection to be relocated further South on Highway 78 which would accommodate a median opening. Council requested data with regard to traffic counts including truck traffic on Brown and Ballard Streets. Council requested another work session after the requested information is provided. Staff Presentation Chris Holsted presented information to Council on the 1999 bond projects. He explained to Council that the timing of some of the projects would need to be adjusted. He stated that staff was requesting direction from Council on which projects to move forward. Council Discussion Council requested to continue this work session when all Council members were present. ADJOUR' LVIEI T With no further action, Council adjourned at 7:25 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes—March 25,2003 Wylie City Council Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. I . April 8, 2003 Issue Consider and act upon a resolution establishing an energy conservation program as prescribed by State Senate Bill 5. Background State Senate Bill 5 (SB 5),as passed by the 77th Legislature,amended the Texas Health and Safety Code by creating Section 388.005 titled"Energy Efficiency Programs in Certain Counties". Section 388.005 requires political subdivisions in ozone non-attainment areas to implement certain energy conservation measures. Collin County has been designated as a non- attainment area by the TNRCC. As a result of these requirements, the Energy Efficient Partnership Program has been created under the authority of the State Energy Conservation Office(SECO). SECO is charged with providing assistance to effected entities in meeting the requirements of SB 5.One of the first steps of compliance is the establishment,by resolution of the governing body,of an energy conservation program. The primary elements of such a program are: (1)to undertake cost effective energy efficiency projects resulting in a reduction in the use of electricity,(2)establishing a goal of reducing electrical consumption by five per cent each year for a five year period and (3) submitting an annual report to SECO outlining the efforts and progress made toward these goals.Although SB 5 contains no provision for enforcement and there are no penalties for noncompliance, implementation of the program will demonstrate the City's commitment to energy conservation and reduced operating costs. Attached is the proposed resolution establishing an Energy Conservation Program. City staff has already initiated an energy conservation audit which was performed by Seco's audit contractor, Estes, McClure&Associates. Seco provides the audit service at no charge to the political entity in order to identify changes in maintenance/operation procedures or system retrofits to improve energy efficiency. The resulting audit report contains specific recommendations for implementation of the energy conservation program. Recommended maintenance and operation procedures which can be implemented at little or no cost to the City include turning off lights in areas that are unoccupied for long periods of time,reprogramming or replacing thermostats and powering down computer monitors when not in use.Various system retrofits also provide opportunities for conservation but would involve significant expense for the City and should be addressed in future budget cycles. A recommended energy management control system would cost an estimated$15,000 and would result in annual savings of approximately$3,000.Retrofitting light fixtures in City buildings with energy efficient lamps and ballasts could save an estimated$4,800 annually. The initial cost of the retrofit is estimated at$24,000. The City has begun a replacement program for the rooftop HVAC units at the Municipal Complex and five have been replaced this year. The new units have significantly higher energy efficiency ratings which will result in a reduction in electrical energy consumption. Aside from the issue of energy conservation, an additional benefit will be a reduction in HVAC maintenance costs. Financial Considerations N/A Other Considerations N/A Staff Recommendation Staff recommends that Council approve the proposed resolution establishing an Energy Conservation Program for the City of Wylie. Attachments Resolution a Art to/1-S le Prepared by Revie by Finance City M. Or Approva RESOLUTION No. A RESOLUTION OF THE CITY OF WYLIE ESTABLISHING AN ENERGY CONSERVATION PLAN AS REQUIRED BY STATE SENATE BILL 5. WHEREAS, Collin County has been designated by the Clean Air Act Amendments of 1990 as an ozone non-attainment area, and WHEREAS, under this act the Texas Natural Resource Conservation Commission (TNRCC) has submitted a proposed State Implementation Plan (SIP) requiring emissions reduction of sources under their control; and, WHEREAS, State Senate Bill 5 (SB 5), establishing Section 388.005 of the Texas Health and Safety Code, requires certain political subdivisions to establish a program to implement all energy efficiency measures that are economically feasible to reduce their energy consumption, thus helping to reduce emissions within these ozone non-attainment areas; and, WHEREAS, SB 5 requires that certain political subdivisions establish a goal to reduce electrical consumption by the political subdivision by five per cent each year for a period of five years, beginning January 1, 2002; and, WHEREAS, the City of Wylie will be required to submit annually a report to the State Energy Conservation Office (SECO) regarding efforts and progress under Section 388.005 which furthermore requires SECO to provide information and assistance in meeting established goals based reported statistics, NOW, THEREFORE, BE IT RESOLVED, that the City of Wylie is committed to reducing energy consumption and will work to establish an Energy Conservation Program as prescribed in SB 5, Section 388.005. ADOPTED AND APPROVED at the regular meeting of the Wylie City Council on the 8th day of April, 2003. John Mondy, Mayor City of Wylie, Texas Attest: Aimee Nemer Interim City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. a.• April 8, 2003 Issue Consider and act upon the award of a contract for the construction of the Kirby St./Stone Rd. Connector to JRJ Paving in the amount of$618,362.97. Background The realignment of Kirby Street was identified as P3 in the 1999 Bond Program and included reconstruction of the roadway to a 4-lane divided section from the intersection of Birmingham Ave east to the intersection of Ballard Ave. and Stone Rd. The project was also identified as a Tier 2 project in the Collin County 1999 Roadway Bond Program. The purchase of one right-of-way parcel has not been finalized;however,the City has acquired a right-of-entry,which will allow the project to be constructed. On February 4,2003 a total of four(4)bids were opened for the project. JRJ Paving submitted the low bid in the amount of$618,362.97. The references for the contractor have been contacted and nothing would indicate that they are incapable of fulfilling the requirements of the contract. Financial Considerations $965,000 was identified in the bond program for the project. To date,approximately$510,000 has been spent for engineering services and right-of-way purchase. Total cost for the project is projected to be $1,200,000. Additional bond funds will be used from interest earnings and from the miscellaneous street improvements to cover the increase in the project cost. Other Considerations The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the Texas Local Government Code. Staff Recommendations Staff recommends that Council award a contract to JRJ Paving to provide all equipment,labor and materials for the construction of the Kirby St./Stone Rd. Connector. Attachments Recommendation Letter from Chiang,Patel&Yerby,Inc. Bid Summary c/LAI" Prepared by Revi d by mance City M ger Approval CP&S Partners for a Better Quality of Life February 24, 2003 Mr. Chris Hoisted City of Wylie 2000 Highway 78 North Wylie, TX 75098 Re: Bid recommendation Stone Rd. /Kirby St. Connector CP&Y Project No. CWY0105 Dear Mr. Holsted: CP&Y has reviewed the construction bids and supporting documentation from apparent low bidder JRJ Paving. The review included contacting references from several area cities. We did not find any reason to reject the low bid from JRJ Paving. There were several irregularities in the bid tabulation from JRJ Paving. The irregularities included unit prices in words and figures that did not match and mathematical errors. The re-calculated total is nearly $600 lower than the value read at the bid opening. All bid documents are being returned to the City with this letter. We are also including the bid tabulation of all bidders. Please call if you have any questions. Sincerely, Jeffrey J. Frison, P.E. Project Manager Chiang, Patel & Yerby, Inc. 901 N.McDonald,Suite 700, McKinney,Texas 75069 972.542.7315•972.562.9770 metro•972.542.7308 fax www.cpyi.com BID SUMMARY SHEET CONSTRUCTION: ROADWAY STONE RD. / KIRBY ST. CONNECTOR BID # CITY OF WYLIE, TEXAS February 04, 2003 2:00 p.m. BID ADD. ADD. ADD. 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PROJECT LAYOUT .,„ ..,..,.....,.. ..1,, ...4-H. A.IF Oneckee SP5 TEXAS CWV0105 5 ....., on SHEET 10F'1 0..-.' am decime AJE CCLLIN ...... 42_. ...VianSetA‘Genera I\1055910i.050 11/22/2002 01:28:13 PM WYLIE CITY COUNCIL AGENDA ITEM NO. 3 . April 8, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor(CC)District to Special Use Permit(SUP)for Commercial Amusement, located at 702 Highway 78,being Lot 2A ofBlock 2 of the Oaks Retail Addition, situated on the east side of S.H. 78 and south of Brown Street, City of Wylie, Collin County, Texas. (Zoning Case 2003-02) Background The applicant is requesting a Special Use Permit(SUP)in order to install and operate an Indoor and Outdoor Commercial Amusement(skating center)in a vacant parcel of an existing retail center. The parcel consists of a building of approximately 6,000 square feet and associated parking as well as paved and unpaved open space. Plans are to utilize the building for skating,video and other game machines and concessions for food, skates and other products, and to use the outdoor paved area for temporary/movable skateboarding and the grassed area for volleyball. The subject property was originally created as part of the Oaks Retail Addition in 1983,and was reconfigured as the current 1.9-acre Lot 2A by replat in October of 1991. The property was rezoned from Retail to Corridor Commercial(CC)in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and Map. Commercial Amusement uses are allowed within both the current Corridor Commercial District and the previous Retail District only with an approved Special Use Permit (SUP). The Zoning Ordinance requires a Special Use Permit(SUP)as a means of establishing special conditions for allowing certain uses in a manner which is more compatible and consistent with the character of adjacent property than that use may normally be at other locations. The Planning and Zoning Commission and City Council shall evaluate a request for an SUP to determine its probable effect on adjacent properties and the community as a whole, and may impose any reasonable conditions on the granting of an SUP. Failure at any time to comply fully with the approved Conditions of the SUP will result in the cancellation of the Certificate of Occupancy. Properties to the north are zoned Corridor Commercial and are developed with a variety of commercial uses. Properties to the west were platted as part of the Railroad Addition, one of the oldest subdivisions within Wylie. Lots to the northwest are zoned Corridor Commercial and developed for such uses, and to the southwest is zoned for Multi-Family (MF) Residential and developed with a variety of dwelling types. Properties to the east are zoned Single Family 8.5/17 Residential and are platted and developed in the earlier SF-3 District regulations as the Oaks Addition. To the south is a cemetery which is within unincorporated Collin County and not subject to City of Wylie codes. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Mixed Use for the subject property, which is defined as an appropriate combination of commercial, institutional and high-density residential uses, especially concentrated along major thoroughfares and within the older central area. The proposed commercial recreational rezoning conforms with this recommendation of the Plan. 2. Public Comment Forms were mailed to thirty-two (32)property owners within 200 feet of this request. Three (3) Comment Forms have been returned at the time of posting, opposing the requested zoning. 3. The existing development does not comply with some requirements of the current Zoning Ordinance, specifically including the building exterior façade materials, parking space size and paving materials, landscaping and screening of adjacent residential uses. Section 9 of the Zoning Ordinance provides that such structures which were made nonconforming by changes in City requirements may continue to operate but shall not be encouraged and shall be brought into compliance if and when that structure is vacated for a period of six months. A vacation of premises is defined as having utilities terminated for the six-month period. City records indicate that, although the previous tenants have not occupied the property for several months, City water has not yet been terminated and the property remains technically in use. Therefore, compliance with the current regulations can not be required, but some degree of compliance may be negotiated as a condition of granting the requested SUP. The Conditions of the SUP address residential screening, maintenance of the drive and parking, restriction of access by through traffic and control of outdoor lighting. 4. Nonresidential uses are not generally considered compatible with single-family residential uses, and a required fence once screened the commercial center from the adjacent residences to the east. That fence has been removed and this lack of screening allows uncontrolled pedestrian and even vehicular traffic between the subject property and the residential subdivision. The higher elevation of the subject nonresidential property increases the potential for illegal spillover of light and noise onto the neighboring residences creating potential conflicts between the uses. The Conditions of the SUP provide that within 90 days of approval of this SUP a living plant screen will be installed along the eastern property line and adequately maintained. 5. Primary access to the property is from State Highway 78 on the north by access easements through the retail center, and this private drive has deteriorated and does not comply with current City code. Access is also allowed from Marble Street on the southwest and this route is used as a short cut through the property, creating congestion unrelated to the center's existing uses as well as the potential for conflicts with parking and proposed outdoor uses on the subject property. The Conditions of the SUP provide that within 90 days of approval of the SUP deteriorated portions of the internal drives and parking within the subject property be adequately repaired and a living plant hedge will be installed to restrict access from Marble onto the property during the duration of use of the property as an Outdoor Commercial Amusement. 6. Lighting for outdoor security, parking and game areas will be located and hooded to direct all lighting onto the subject property so that no direct lighting is directed onto adjacent residential properties. 7. The subject tract lacks the visibility from S.H. 78 which is necessary for successful retailing, although the collective address and attraction of the larger center does mitigate this handicap to some degree. The proposed amusement use is less affected by visibility and access, and promises to provide a potentially successful utilization for a currently vacant and unprofitable parcel. Board/Commission Recommendation At the March18, 2003 Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of the proposed zoning change with stipulations as listed in the SUP Conditions. Staff Recommendation Approval. The Conditions of the Special Use Permit provide for adequate transition toward compliance with current code requirements and mitigate potential conflicts with neighboring uses. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Ordinance with Conditions of the SUP and Site Plan Location Map Notification List and Map le i Prepared by Rev0 ed by Fina ce City Ma ger Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2003-02 TO SPECIAL USE PERMIT(SUP) DISTRICT CLASSIFICATION FOR COMMERCIAL AMUSEMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of SUP, Special Use Permit District Classification for Commercial Amusement, said property being described in Exhibit"A" , Conditions for Commercial Amusement described in Exhibit"B" and the Site Plan in Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 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: City Secretary Exhibit "A" Zone Change#2003-02 703 State Highway 78 North Legal Description SITUATED in the State of Texas and County of Collin, being all of Lot 2A, Block 2 in the Oaks Retail Addition. Exhibit "B" ZONING CASE NO. 2003-02 Special Use Permit Conditions for Commercial Amusement 703 Highway 78 North (Lot 2A, Block 2, Oaks Retail Addition) General Conditions: 1. The purpose of this Special Use Permit is to allow for an indoor and outdoor skating center, providing a safe and fun facility for children in the Wylie and surrounding communities, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Special Use Permit shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Corridor Commercial (CC) District set forth in Section 4.2.B of the Zoning Ordinance (as adopted February 27, 2002) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Special Use Permit shall apply only to Lot 2A, Block 2, Oaks Retail Addition. The applicant and operations shall remain in compliance at all times with all applicable local, state and federal laws and failure to do so may be considered a violation of this Special Use Permit and subject to revocation of this Permit and Certificate of Occupancy. 2. The following uses shall be permitted: a. Outdoor skate park, professionally monitored b. Indoor skating c. Skate rental d. Concession sales e. Retail sales (skates, t-shirts, etc.) f Birthday party accommodations g. Hourly rental of the facility, professionally staffed h. Outdoor sand volleyball i. Electronic video/arcade game machines j. Gumball & sticker vending machines 3. No more than twenty (20) video game and/or other game machines shall be allowed. a. All prizes, awards and gifts from games and promotional activities shall be provided in the form of products or coupon certificates redeemable only on the premises. There shall be absolutely no monetary exchange for prizes. b. No games with a restricted age limit shall be permitted at any time. c. The games will be open for play only during normal hours of operation. SUP Conditions 2003-02 703 Highway 78 North Page 2 of 2 4. Proposed hours of operation shall be no earlier than 8 AM or later than 10 PM Sunday through Thursday and no earlier that 8 AM or later than 12 AM midnight Friday and Saturday(excluding special chaperoned youth functions confined to the building as "lock-ins" which may be operated all night). 5. A plant hedge, as approved by the Director of Planning, shall be installed along the entire length of the eastern property line at the top of the slope and along the southern property line adjacent to the cemetery and allowed to grow sufficiently thick and high as to completely screen and block access to the adjacent residential properties before commencing any outdoor activities, and be maintained as a living screen for the duration of this SUP including maintenance of the slope behind the screen. 6. A plant barrier, as approved by the Director of Planning, shall be installed within 90 days of approval of this SUP at Marble Street to prevent traffic access on to the subject property from Marble. 7. Within 90 days of approval of this SUP, all deteriorated areas of the internal drive and parking lot within the subject property shall be repaired as approved by the City Engineer. 8. Lighting for outdoor security, parking and game areas will be located and hooded to direct all lighting onto the subject property so that no direct lighting is directed onto adjacent residential properties. 9. Outdoor Skate Park is to be professionally monitored at all times that the ramps and equipment are available. 10. Outdoor volleyball will be available for league play and open to the public in off-hours. 11. This will be a tobacco free, alcohol free and drug free environment. SITE PLAN ZC 2003-02 Lot 3D NI tr- 1 o ! p w N , n 1 1 � ' ' cr: Outdoor Skating I ! . ' I Lot4 Area m 1 ' m I 0 25' 50' 75' 100' ' 0 I m SCALE m B , B , 3 �. 1 m I r 1111,7i......._......_..,.i��11 Fire Lane 1 Lot 5 � Dumpster HCP --I I a HCP � ... r•--- \\\\\\\\\\\\ 6000 sq.ft. r°1 - n HCP Building m I Nc m 1 m j Lot 6 (((((((((((( 1--___ 1 Block 2 Lot 2A Ll )))))))))))) ....:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•' Lot 7 Marble Street 15'T.P.$L. Easement Cemetery 1 f i + i t \ \ ;' i \ yr i i > /7; r/ i Subject s% j' - Property 7. �o• J �i jj / L., ,f„, ,0 :. J t + J k6K TB�.(,�} / ' ,,,\�. ,l /` -_ ' ■ __�T-- =` /T I /// T'I •wn `I r QmR1 KOOA , j I I ■ =h_ Ste/ %, AA f j {f f j is J°Tttersoe street - — / '�', iF_:� L_1--.L__- J I a aei— :;r Iij��i 1 f is s=fir i■5 — '�^"I :� ' f rri w,.. $_■■try■■� --ram. NE ....._ ap=1 ., v r a l ! V =ice ' .., 1„.. .r — = g A. +': — �fI(11111wlll1lll1h11��11111111 ■ , I�`,r• v, i...• __ -- iv, Mos ers Avenue ■ Al„„s _�IIIIICII .-__ �IIIIfII1.NllhIII III A2oHi.. ....rs., .i.e ouln' _ _ IIIIII� , ....`��1IIIII + INN�=AN �I , ,,_-i_,._ . lig iv=.... -7_A- i 2-'iii._seyrj NE........ ■ice NM�.-ma.Ell - I"4,1& \ 7iIi Mum HI! ■■ MIMI i----- 1111111111011111111"46, ea* =.111,, IT , *-.------- 'MI • umibuillillistiniliimOk4 ,__ _. __ A ', 1 ii all Lins,V, PM* is mow I/4441P 0 int iut - - -----: low maim .........m•G ALAI.* 0..... ' '' .i.2,7'01111111=w0wommplit i! f i .; ).. 1 wuh,,,,li......... , 2 1 i , , , i ,....... e., ......" . vii , .....,:im . , , , --------------- , .,. ,.... . __ , , .... / „,„,: i . . , ,,,,.. ---- �; s , wr,.J' __ _ i___ , , LOCATION MAP ZONING CASE #2003-02 NOTIFICATION REPORT APPLICANT: John &Tamra Mitchell APPLICATION FILE #2003-02 2993 East FM 552 Rockwall, Texas 75087 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 2993 East FM 552 1 John &Tamra Mitchell Rockwall,Texas 75087 Oaks Retail Noris Corporation 2320 Los Rios Blvd. 2 Blk 2 Lot 1 R-1467-002-0010-1 c/o Napolis Restaurant Plano,Texas 75074 Oaks Retail 702 Hwy. 78 North 3 Blk 2 Lot 2A R-1467-002-002A-1 Carl Terry Wylie,Texas 75098 Oaks Retail P.O. Box 6037 4 Blk 2 Lot 3B R-1467-002-003E-1 Farmers Electric Co-op Greenville,Texas 75403-6037 Oaks Retail 812 Clearwater Drive 5 Blk 2 Lot 3C R-1467-002-003C-1 George Keltch Richardson, Texas 85080-5032 Oaks Retail 812 Clearwater Drive 6 BIk 2 Lot 3D R-1467-002-003D-1 George Keltch Richardson,Texas 85080-5032 Oaks Addn #3 211 Spence Drive 7 BIk 1 Lot 1 R-1437-001-0010-1 Diane Bishop Wylie,Texas 75098 Oaks Addn #1 209 Spence Drive x 8 BIk A Lot 1 R-1241-001-0010-1 Phillip Price Wylie,Texas 75098 Oaks Addn #1 207 Spence Drive 9 Blk A 2 R-1241-001-0020-1 Arthur Padilla Wylie,Texas 75098 Oaks Addn #1 205 Spence Drive 10 Blk A 3 R-1241-001-0030-1 Dwain Spence Wylie,Texas 75098 Oaks Addn #1 203 Spence Drive 11 BIk A 4 R-1241-001-0040-1 Thomas Allen Wylie,Texas 75098 Oaks Addn #1 201 Spence Drive X 12 BIk A 5 R-1241-001-0050-1 Carol Ireland Wylie,Texas 75098 Oaks Addn #2 115 Spence Drive 13 BIk A 6 R-1289-001-0060-1 Edward Grobe Wylie,Texas 75098 Oaks Addn #2 113 Spence Drive 14 BIk A 7 R-1289-001-0070-1 Brian Knapp Wylie,Texas 75098 Oaks Addn #2 111 Spence Drive 15 BIk A 8 R-1289-001-0080-1 Daniel Ross Wylie,Texas 75098 Oaks Addn #2 109 Spence Drive 16 Blk A 9 R-1289-001-0090-1 Vincent Walters Wylie,Texas 75098 Oaks Addn #2 107 Spence Drive 17 BIk A 10 R-1289-001-0100-1 Vada Major Wylie,Texas 75098 Railroad Addn. P.O. Box 2740 18 BIk 12 Lot 1 A R-1169-012-001 A-1 Thomas Hoffman Edwards, CO 81632-2740 Railroad Addn. P.O. Box 2740 19 BIk 12 2A R-1169-012-001A-1 Thomas Hoffman Edwards,CO 81632-2740 Railroad Addn. P.O. Box 2740 20 BIk 12 3A R-1169-012-001 A-1 Thomas Hoffman Edwards, CO 81632-2740 Railroad Addn. P.O. Box 2740 21 BIk 12 1B R-1169-012-001A-1 Thomas Hoffman Edwards,CO 81632-2740 Railroad Addn. P.O.Box 2740 22 BIk 12 2C R-1169-012-001 A-1 Thomas Hoffman Edwards,CO 81632-2740 Railroad Addn. 412 Dogwood Drive 23 Blk 12 4A R-1169-012-004A-1 Lester Gayler,Jr. Wylie,Texas 75098 Railroad Addn. 603 E.Marble Street 24 BIk 12 4B R-1169-012-004B-1 Faustina Vega Wylie,Texas 75098 Railroad Addn. 310 S. First Street 25 BIk 12 2B R-1169-012-002B-1 Virginia Marlow Wylie,Texas 75098 Railroad Addn. 412 Dogwood Drive 26 BIk 12 3B R-1169-012-003B Lester Gayler,Jr. Wylie,Texas 75098 Railroad Addn. 306 Dogwood Court 27 BIk 13 Lot 1 A R-1 169-013-001 A-1 David Morgan Wylie,Texas 75098 Railroad Addn. 106 N. Fifth Street 28 Blk 13 2A R-1 169-013-002A-1 Tommy McEuen Wylie,Texas 75098 Railroad Addn. P.O. Box 304 29 Blk 13 3A R-1169-013-003A-1 Victor Poole Wylie,Texas 75098 Railroad Addn. 1601 Bonanza Drive 30 BIk 13 3B R-1169-013-001 B-1 Tommy Reuthinger Sachse,Texas 75048-2907 Railroad Addn. 1601 Bonanza Drive 31 BIk 13 2B R-1169-013-001 B-i Tommy Reuthinger Sachse, Texas 75048-2907 Railroad Addn. 1601 Bonanza Drive 32 Blk 13 1 B R-1169-013-001 B-i Tommy Reuthinger Sachse,Texas 75048-2907 33 34 35 36 JL L.---.1I /' • 1 2 / I / ''' O 6445 CD 1A • 1 I 2 30 6 C i a. z 2 ' �.A x, r ', n L 7 - 4 .0 8 C — 12 11 j 4u 1 Y ! 1 . • ,C. S�r e et , , , „ ., .. , 18 . 8 ', . 12 13 oitfSlGtG G1 . . .. • .. IIMrf,c • O23 _ 9 13 — 3A 38 14 `1 — 15 d — 16 5 _I_' t ^` 17 ✓ - Fob 4 p‘Grpf S l /C 2003 - 0� r zoo ' My Comments: My concern over the location is that there is no permanent wall between the property for the requested zoning change and the houses on the West side of Spence Drive. I have lived at this location for 20 years, and in the past had problems with trash, other debris, and vehicles cutting through yards to get Western Auto and other retailers in the shopping center until there was a wooden fence constructed behind the Western Auto. I have heard that this property will be used as a skating rink,which will attract a large number of teenagers. While I agree these teenagers need someplace and some type of activity in Wylie, I'm am concerned about the noise and mischief that will possibly be caused by groups of teens hanging outside the skating rink and roaming the alley way. Several homes on the West side of Spence Dr. have dogs that will constantly be barking as I do. I would be less concerned if the owners/operators of any new establishments would construct a permanent wall between the their establishment and the alley way West of Spence Drive and to maintain the wall to keep it from becoming unsightly. I am planning on attending the Planning and Zoning meeting on March 18`h to support my view on this matter. Thank you, Phillip Price 209 Spence Dr. Wylie Texas, 75098 972-442-6606 • • '1 i, PUBLIC COMMENT FORM (Please type or use black ink) 0 6 2003 1' 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 #2003-02. VI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, March 18, 2003, 7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 8,2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: }� oAoQ ro� �.___ �'e� a n�Q (please print) Address: D 0 1 ('\V Signature: Date: \ 5 0_-7, COMMENTS: w � \°coo` '\e" - -( ) T•N c StJ \A lot c ( o'\S uo. e" 'Q,S oQ v�e C_oLAA w ,* \� s, C� ��d,,�Q,,•. vj`.\\ vJ \\ .t5 v. -v- ca\,Q b\Ax" Yj ec.k c - Y?-Q--Qa'c-a) ,��.-ems' t4\_03 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 / #2003-02. `- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 18, 2003, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 8, 2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas 1/ Name: -T all5-1-ine, vo_c3c,, (please print) Address: (00 3 E May' b IP 5 uu,oL, e ( ill -7SC)9g Signature: ck_ 214� Date: 9 --,. COMMENTS: