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01-13-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, January 13, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS & PRESENTATIONS • Presentation of Star Students with the Character Trait of"Caring". CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of December 9, 2003. B. Consider and act upon approval of final acceptance of the Stoneybrook alleys paving project and authorize final payment to Santos Construction, Inc., in the amount of $25,549.66 and accept the project as complete. C. Consider and act upon approval of final acceptance of the Rustic Oaks Drainage project and authorize final payment to Craig Olden, Inc., in the amount of$27,076.22 and accept the project as complete. D. Consider and act upon a Final Plat for the Wylie Lakes Phase 1 Addition, being all of a certain 49.518 acre tract of land, generally located east of Forrest Ross Road and south of Skyview Drive, and being a part of the 121.11 acre tract of land as described in a deed to Wylie Lakes, Ltd., recorded in Volume 5415, Page 4387 of the Deed of Records of Collin County, Texas (DRCCT), and being situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. INDIVIDUAL CONSIDERATION 1. Consider and act upon an Ordinance repealing Ordinance No. 2003-26, amending Chapter 102, "Streets, Sidewalks, and Other Public Places". Executive Summary On December 9, 2003 the City Council approved Ordinance 2003-26 which amended the City Code in order to establish rules and regulations governing the persons responsible for sidewalk maintenance and repair. Since that time, two Council members have requested that the ordinance be reconsidered. Per the Rules of Order approved by the Council in November 2003, items may be placed on the agenda for consideration at the request of the Mayor or two (2) or more members of Council. Tabled from 12-09-03 2. Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, recommending the reconnection of Marble Street and Jackson Street as part of the SH 78 construction project. Executive Summary The construction plans for the SH 78 project include the closure of Marble Street and Jackson Street on the north side of SH 78. The Texas Department of Transportation(TxDOT)has indicated that these streets may be reconnected to SH 78 if the City acquires the necessary right of way. TxDOT has also stated that a median opening will not be allowed at these locations because of the future realignment of the Oak and Brown Street intersections. The proposed resolution will formally request these streets be reconnected. Tabled from 12-09-03 3. Consider and act upon a motion to remove the agreement with Bozman Farms Development, Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line from the table and a motion to re-table item. Executive Summary Documentation on this item is still pending from the developer. 4. Consider and act upon a Resolution renaming Birmingham Park to "Joel Wayne Scott Memorial Park." Executive Summary Following the death of Councilman Joel Wayne Scott, the Parks and Recreation Board has discussed renaming the new Birmingham Park (Park located northwest of Birmingham Elementary). At the December 1, 2003 meeting the Park and Recreation Board formally voted to rename the Birmingham Park to "Joel Wayne Scott Memorial Park." This formal nomination is now being given to the City Council to vote on per the Park Naming Policy. 5. Consider and act upon an Ordinance amending Chapter 78, Article IV and appendix C-Fee Schedule, Section 15.00 of the Wylie Code of Ordinances regarding parkland dedication procedures and requirements or payment of cash in lieu thereof. Executive Summary The Parkland Dedication ordinance is the tool by which the City obtains either the dedication of parkland or the payment of fees through the residential development process. The fees paid are applied to the purchase of land for new parks or the improvement of existing parks. As development continues within the City, the Park Board has been working with greater frequency with developers in implementing the Parkland Dedication ordinance. On October 14, 2003, the City Council held a joint work session with the Park Board. The Council advised the Park Board to investigate and identify potential funding sources for future parkland and park facility acquisition and development. During recent discussions at Park Board meetings, the Board determined that the Parkland Dedication ordinance, which was adopted in 1987 and revised in 1999, needed to be reviewed and updated. Changes proposed are noted in the attachment for this item. 6. Consider and act upon an Ordinance of the City Council of the City of Wylie, Texas, renaming a portion of West Kirby Street to Jackson Circle and a portion of Stone Road to Stone Circle. Executive Summary The construction of the Kirby/Stone connector was recently completed and the project included the reconfiguration of West Kirby Street and a portion of Stone Road. A work session was held on October 28,2003 to discuss naming alternatives for the effected streets. The proposed ordinance will rename West Kirby Street to Jackson Circle and a portion of Stone Road to Stone Circle as shown on the attached map. The proposed name changes effect 11 residences on West Kirby Street and 4 residences on Stone Road. 7. Consider and Act upon an Ordinance to establish an Ad Valorem Tax Freeze on Residence Homesteads of the Disabled and the Elderly and their Spouses. Executive Summary Proposition 13, passed by the voters of Texas in September, 2003, amends the Texas Constitution by permitting counties, cities, and junior college districts to establish an ad valorem freeze on residence homesteads of the disabled and the elderly and their spouses. This ordinance would freeze the ad valorem taxes on these homesteads for the City of Wylie. It will be effective with the January 1, 2004 appraised values and the City tax rate to be approved by Council in September 2004 for the 2004-05 Budget. Public Hearing 8. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) to Neighborhood Services (NS) District and approval of a Special Use Permit, located at 520 North Ballard Avenue, being approximately 0.86 acre of land situated in the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas. (Zoning Case 2003-13) Executive Summary The subject property is 0.86 acre in size, and was annexed into the City of Wylie in August of 2003. The proper has never been platted. A major water transmission line, 60 feet in width, runs along the south boundary of the lot, rendering approximately half of it un-developable. At the time of annexation, a masonry building with asphalt access drive and parking, existed on the property. The building and improvements were constructed on the property in 1970. This previously accommodated a number of retail and personal service uses, and is currently occupied by a photographic service (under a temporary Certificate of Occupancy). A telecommunications tower and 300 square feet equipment/service building, installed in 1995, occupies a wire-fenced enclosure of approximately 1,300 square feet at the center of the property. The owner/applicant is requesting rezoning of the property from Agriculture to Neighborhood Services (NS)District in order to utilize the existing building for the types of commercial uses for which it was constructed. The Building Official has issued a temporary (six months) Certificate of Occupancy to allow a photographic service to occupy the building pending approval of appropriate zoning. At the December 16,2003 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of the proposed zoning change. Staff recommends approval. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. WORK SESSION • Presentations by Executive Search Firms for the Procurement of a New City Manager. INDIVIDUAL CONSIDERATION 9. Consider and act upon authorizing the Interim City Manager to enter into an agreement with an Executive Search Firm. WORK SESSION • Discussion of 2003 Collin County Bond • Consider certain proposed revisions to the Comprehensive Plan. ADJOURNMENT 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 9th day of January,2004 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.wvlie.tx.us Carole Ehrlich,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 TI)972/442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. B. January 13, 2004 Issue Consider and act upon approval of final acceptance of the Stoneybrook alleys paving project and authorize final payment to Santos Construction,Inc.,in the amount of$25,549.66 and accept the project as complete. Background On June 10, 2003,the Wylie City Council awarded a construction contract to Santos Construction, Inc. for the reconstruction of 8-inch thick concrete alleys in the Stoneybrook subdivision, which includes 5,041 square yards of concrete pavement. The walk through has been performed and the contractor has addressed all of the items identified. No change orders were issued for the project. The final contract price for the project after quantity adjustments is $255,496.60 which is $31,985.70 less than the original contract amount. Financial Considerations A summary of the funding sources is shown below 1999 Bond Funding Sources P7 —Alley improvements east of Willow Way 50,000 P7 —Miscellaneous Alley Improvements 50,000 P7 —Alley improvements south of Stoneybrook 145,000 Interest Earnings 60,000 Total Funds $305,000 The total project cost including engineering fees is $270,000.00. Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Staff Recommendations The Engineer and Staff recommends final acceptance of the project and issuing final payment to Santos Construction, Inc. in the amount of$25,549.66. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Final Payment Request Contractor Affidavit of Final Payment and Release Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. C. January 13, 2004 Issue Consider and act upon approval of final acceptance of the Rustic Oaks Drainage project and authorize final payment to Craig Olden, Inc., in the amount of$27,076.22 and accept the project as complete. Background Improvements to the Rustic Oaks channel from Brown St. to Fleming St. were included in the 1999 Bond, and included the installation of an underground storm drain system to carry low flow drainage and an open earthen-line channel above to provide additional capacity for large rainfall events. During the preliminary engineering phase it was determined that the easement width would not allow a 100-year rainfall event to be conveyed with these improvements. On September 13, 2001 the City held a public meeting to discuss options for the design of the drainage channel. The recommended section included a four-foot wide concrete channel in the center with concrete bag walls on each side. The project was awarded to Crain Olden on May 14, 2002 and included gabions in lieu of concrete bag wall. The project included two change orders to relocate approximately 340 linear feet of fence and to install additional gabions to prevent erosion around the storm sewer headwalls. The property just downstream of the project has recently developed and continued the gabions and concrete pilot channel through the property. Financial Considerations The 1999 Drainage Bonds included $450,000 for the Rustic Oaks improvements. The total project cost including engineering is $500,000. An additional $28,000 will be applied to this project from the interest earned on the bond funds and the remainder will be used from the street bond fund until the remaining drainage bonds are issued. Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Staff Recommendations The Engineer and Staff recommends final acceptance of the project and issuing final payment to Craig Olden, Inc. in the amount of$27,076.22. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Bid Summary Recommendation Letter from Binkley&Barfield, Inc. Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. D. January 13, 2004 Issue Consider and act upon a Final Plat for the Wylie Lakes Phase 1 Addition, being all of a certain 49.518 acre tract of land, generally located east of Forrest Ross Road and south of Skyview Drive,and being a part of the 121.11 acre tract of land as described in a deed to Wylie Lakes, Ltd., recorded in Volume 5415, Page 4387 of the Deed of Records of Collin County, Texas (DRCCT), and being situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is for the Wylie Lakes Phase 1 Addition. The subject property includes 49.518 acres and will create 94 single-family detached residential lots, 69 single-family attached townhouse lots, 3 open space/public parks and several common areas to be owned and maintained by the Homeowners Association. The property is the initial phase of the 121-acre Wylie Lakes Planned Development (PD 2003-18), which is a mixed-use development, including Single- family 1A/26 residential, Single-family 8.5/17 residential, Townhouse (TH) residential, Commercial/Retail and Parks and Open Space. The Concept Plan and Planned Development (PD 2003-18) were approved by the City Council on August 26, 2003, and the Preliminary Plat was approved on November 11, 2003. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Concept Plan,Development Conditions of the Planned Development PD 2003-18 and Preliminary Plat, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The proposed Spencer Lane provides primary access into the subdivision from Forrest Ross Road. A portion of the proposed Park Boulevard right-of-way will be dedicated by this plat, but only that portion at the intersection of Spencer Lane will be paved in this phase due to the undetermined location of the railroad overpass and further alignment of Park Boulevard. 3. Several temporary cul-de-sacs and other turn-arounds provide continuing internal circulation for emergency vehicles in the absence of multiple points of ingress/egress. No alleys are required throughout the PD area. 4. The park dedication requirement for this initial phase is 1.5 acres per 100 lots or 2.415 acres and 6.87 acres of parkland are provided by this plat. Most of this area is encumbered by drainage and utility easements and not eligible for dedication as public parkland, therefore, the net parkland dedication is 3.69 acres. The Park Board accepted the proposed donation at the July 28, 2003 meeting with the stipulation that the drainage issues in the parkland would be addressed and a parking area be provided in the 5.5-acre park. Both of these objectives have been achieved to a limited degree. 5. Due to being Final Platted as a complete unit, infrastructure for the entire 49.5 acres must be constructed and accepted prior to issuance of a building permit for residences, rather than being constructed in phases. 6. The tracts for retail uses are not included in this Final Plat. Prior to development of these tracts, site plans and plats must be approved. Board/Commission Recommendations On December 16, 2003, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 1. January 13, 2004 Issue Consider and act upon and Ordinance repealing Ordinance No. 2003-26, amending Chapter 102, "Streets, Sidewalks, and Other Public Places". Background On December 9, 2003 the City Council approved Ordinance 2003-26 which amended the City Code in order to establish rules and regulations governing the persons responsible for sidewalk maintenance and repair. Since that time, two Councilmembers have requested that the ordinance be reconsidered. Per the Rules of Order approved by the Council in November 2003, items may be placed on the agenda for consideration at the request of the Mayor or two (2) or more members of Council. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Agenda Packet Information from December 9, 2003 Council meeting. Ordinance Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. December 9, 2003 Issue Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. Background During the October 14 City Council meeting, staff presented an ordinance which would place the responsibility of sidewalk maintenance and repair on the adjacent property owner. Typically, municipalities require the adjacent property owner to be responsible for maintenance and repair, the theory being that the property owners use the property and should therefore maintain it. At that time, the Council tabled the item and requested staff to bring back additional infoimation including estimates for the cost to repair sidewalks citywide. Staff evaluated sidewalks 5 (five) years and older, as well as identifying areas without sidewalks. Existing sidewalks in need of maintenance were divided into 3 (three) categories based on the type of maintenance issues. General assumptions were made and costs estimates, per linear foot, were calculated. All cost estimates are intended to reflect minimum costs, and do not include situations that will be unique to every project, i.e. tree removal, irrigation replacement/repair, etc. Total linear feet identified in need of repair is 16,625' at a minimum cost of $1,144,375. Excluding commercial and industrial areas, and major roads, there are approximately 53,550 linear feet of areas without sidewalk. The cost to construct sidewalks in these areas is estimated to be at least $1,071,000. Please find attached a memo from Jack Jones which further identifies the categories of sidewalks, as well as providing pictures as examples. Also attached is a summary of sidewalk regulations from several municipalities. Other Considerations N/A Financial Consideration The 1999 Bond Election set aside $500,000 for sidewalks, which has not yet been issued. Discussion regarding the future use of the bond funds has centered on the proposed construction of new sidewalks to provide links, as opposed to the maintenance of existing sidewalks. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Memo —Jack Jones Summary of various municipal codes Ordinance Prepared by Reviewed by Finance City Manager Approval Flower Mound Sec. 58-33. Notice to reconstruct a repair. Any sidewalk, alley, driveway or curb which has become defective, unsafe and hazardous is hereby declared a nuisance, and it shall be the duty of the owner of the property abutting such sidewalk, alley, driveway or curb, or his agent, to reconstruct or repair such sidewalk, alley, driveway or curb, in accordance with the standard specifications of the town. Such expense shall be borne by the abutting property owner or whoever created the condition. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, alley, driveway or curb ordered to be reconstructed or repaired by the town's engineering department shall be punishable as provided in section 1-13 of this Code. (Code 1989, ch. 7, § 3.03) Mesquite Sec. 15-44. Repair of defective, etc., sidewalk, etc., by abutting property owner; notice to repair; failure to comply with notice. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same, and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the building official shall notify the owner of the abutting property to reconstruct or repair same. (Code 1960, § 15-27; Ord. No. 2930, § 1, 10-18-93) Grand Prairie Sec. 29-113. Maintenance of the sidewalk and right-of-way. In all provisions of this Code relative to the responsibility of a homeowner, lessor, lessee, resident, etc. of property within the city, it shall be the responsibility of a homeowner, lessor, lessee, and/or resident of any such premises to maintain the sidewalk and all areas of the property, including the curb and all right-of-way, in a safe and efficient manner. Whenever any provision of this code shall provide that any property shall be maintained, it is to be read to include all such area, including the buildings, the property, the adjacent right of way and sidewalk, and the surface of all easements, and such persons shall do nothing that would prevent the purpose and all incidental uses of such easements. (Ord. No. 6234, § 4, 3-21-00) Richardson Sec. 20-11. Hazardous driveways, curbs, gutters, etc., to be repaired. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the chief building official shall notify the owner of the abutting property to reconstruct or repair same. Any owner who fails to reconstruct or repair such defective, unsafe or hazardous condition within 30 days from the date of the written notice from the chief building official to do so shall be guilty of a misdemeanor. (Code 1966, § 20-6) Sec. 20-8. Liability of abutting property owners and special users. (a) The abutting property owner or person enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized in this chapter or by reason of the approval or disapproval of any access, facilities, surfacing, or appurtenances not made in accordance with standards or specifications of this chapter. (b) It shall be the duty of any property owner, landlord, tenant, lessee, sublessee or person making special use of any sidewalk or curb for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use of whatsoever kind or character, whether recited in this article or not, to keep such sidewalk, parkway, curb and driveway abutting such property in a good and safe condition and free from any defects and hazards of whatsoever kind and character. Such special user shall be liable in damages for any loss or damage sustained as a result of any defective condition of the sidewalk, driveway, curb, loading elevator, downspout drain or any other special use or facility of whatsoever kind or character. Allen Sec. 13-3. Sidewalk maintenance; homeowners participation in cost. (a) The official policy of the City of Allen shall be that owners of property situated within a zoning district of the city other than single-family residential and adjacent to and abutting sidewalks that are in need of repair, maintenance, replacement or reconstruction, are responsible for all the costs associated therewith. The city will participate, upon the terms and conditions adopted pursuant to subsection (c) hereof, with owners of property situated within a single-family residential zoning district of the city in the repair, maintenance, replacement or reconstruction of sidewalks adjacent to and abutting such property and requiring same. (b) In the event any property owner in the city is unwilling to participate voluntarily in the repair, replacement or maintenance of a sidewalk that is determined by the city council to be a hazard to the public safety and welfare, the city council shall undertake involuntary assessment proceedings to affect the necessary repairs. (c) The property owner and the city shall each be responsible for fifty (50) percent of the total repair and/or replacement costs, including costs of labor, material, equipment, engineering and inspection services. The procedures and forms for maintenance, repair, and replacement of sidewalks within single-family residential zoning districts of the city, as such procedures and forms are set forth on exhibit "A" hereto, made a part hereof for all purposes, are hereby approved and adopted by the city council. (Ord. No. 1286-9-94, §§ 1--3, 9-15-94) Garland Sec. 31.134. Duty to keep sidewalks in safe condition. It shall be the duty of any abutting property owner to keep the sidewalk, parkway, curb and driveway abutting such property in a good and safe condition, free from any defects and hazards of whatsoever kind and character. By way of example and not of limitation, a sidewalk is hazardous if it contains a separation of line and grade in excess of three (3) inches between adjacent sections of sidewalk or if it contains surface deterioration to such an extent that it may not be safely negotiated by a person in a two (2) inch heeled shoe. Sec. 31.135. Liability for damages resulting from defective sidewalks. The abutting property owner or person making a special use of a sidewalk or enjoying the use of any property abutting on a sidewalk or curb that has become defective or hazardous and has resulted in causing damage or injury as a result of such defective or hazardous condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective or hazardous condition. The City shall not be held as assuming any such liability by reason of inspection of any sidewalk or providing notice as authorized in this article. Sec. 31.136. Notice to reconstruct or repair. Any sidewalk, parkway, driveway or curb which has become defective or hazardous is hereby declared a nuisance and it shall be the duty of the owner of property abutting such sidewalk, parkway, curb or driveway to reconstruct or repair such sidewalk, parkway, curb or driveway in accordance with the standard specifications of the City and such expense shall be borne by the abutting property owner. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, parkway, curb or driveway within thirty (30) days from receipt of a notice to repair from the Engineering Department shall constitute an offense. Sec. 31.137. Repair by City; costs to be a lien against abutting property and owner personally liable for costs. If any person fails or refuses to comply with the provisions of Section 31.136 within the time limits specified therein, the City may in its discretion, but assumes no duty to, go upon such property and do or cause to be done the work necessary to obtain compliance with this article. The expense so incurred by City in correcting the condition shall be a personal obligation of the owner of the abutting property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the work was done, the City shall file with the Clerk of the county where the property is located a statement of the expense incurred in correcting the condition of the property. When such statement is filed, the City shall have a privileged lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of 10% per annum from the date the City incurs the expense. For any such expenditure and interest and reasonable attorneys fees, suit may be instituted and recovery and foreclosure had by the City. Nothing herein shall inhibit the right of the City to make immediate repair of any condition considered to be of unusual and immediate danger to persons or property. In such instance, the Director of Engineering shall send an invoice for expenses incurred in the repair of such condition to the owner of the abutting property, and within ten (10) days the owner shall have the right to a hearing on the matter of the reasonableness of the action and cost of repair. The owner shall pay the reasonable expenses as determined by the Director. In the event the owner fails or refuses to pay such expense within thirty (30) days after notice of the reasonable charge by the Director of Engineering, the City shall follow the procedure written above to perfect a lien on such property, which lien shall have the same character as written above. Sec. 31.138. City participation in sidewalk/curb and gutter reconstruction. The City may participate in the reconstruction provided monies are available for this program from bond funds. If monies are available, City participation in the cost of improvements will be on a 50/50 basis with the abutting property owner as provided for in Section 31.76. If the property owner's share of the cost of improvements is equal to or greater than $1,000.00, payment may be made in not more than thirty-six (36) equal monthly payments at an interest rate not to exceed the maximum interest rate allowed by State law as provided for in Section 31.77. DeSoto Sec. 3.1105 Maintenance of Public Rights-of-Way and Easements (a) Maintenance of Public Rights-of-Way. (1) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the adjacent curb, and if no curb exists, then to a line ten (10) feet from the edge of the street pavement toward the property line. (2) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the edge of the adjacent alley pavement. (3) Any owner of property abutting on a public street and sidewalk shall clean and maintain in good repair the sidewalk and any driveway approach apron crossing the sidewalk. (4) The owner of property which abuts on any public street, sidewalk or driveway approach apron shall be liable for any injury or damage arising from a defect or defects caused by any act of omission, failure or negligence relative to the maintenance or repair of such sidewalk or driveway approach apron crossing such sidewalk. Lancaster Sec. 3.903 Liability (a) Abutting Owner's Liability. The abutting property owner or person, firm or corporation enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition, shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenance not made in accordance with standards or specifications of this article. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING ORDINANCE NO. 2003-26; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Cit) Council") has investigated and determined that it would be beneficial and advantageous to the citizens of the City of Wylie, Texas ("W)lie")to repeal Ordinance No. 2003-26. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if full)set forth herein. SECTION 2: Repeal Ordinance No. 2003-26. Wylie Ordinance No. 2003-26 is hereby repealed in its entirety. SECTION 3: Savings/Repealing Clause. Chapter 102 of W.)lie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severabilit). Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 10th day of August, 2004. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Date(s) of Publication 08-18-04 ORDINANCE REPEALING NO.2003-26;AMENDING CH.102(SIDEWALKS) Page 1 WYLIE CITY COUNCIL AGENDA ITEM NO. 2. January 13, 2004 Issue Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, recommending the reconnection of Marble Street and Jackson Street as part of the SH 78 construction project. Background The construction plans for the SH 78 project include the closure of Marble Street and Jackson Street on the north side of SH 78. The Texas Department of Transportation (TxDOT) has indicated that these streets may be reconnected to SH 78 if the City acquires the necessary right of way. TxDOT has also stated that a median opening will not be allowed at these locations because of the future realignment of the Oak and Brown Street intersections. The proposed resolution will formally request these streets be reconnected. Financial Considerations The cost for the necessary right of way at the Marble Street intersection is projected to be $12,000. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends adoption of a resolution requesting the reconnection of Marble Street and Jackson Street. Attachments Resolution Letter from TxDOT Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-02 (R) A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, TO RECOMMEND THE RECONNECTION OF JACKSON STREET AND MARBLE STREET AS PART OF THE EXISTING RECONSTRUCTION OF S.H. 78. WHEREAS, S.H. 78 serves as a regional intermodal connector in southeast Collin County between Interstate 30, U.S. 75, F.M. 205 and S.H. 190; and WHEREAS, the reconstruction of S.H. 78, which travels through the heart of the community, will have significant and long term impacts on the mobility, economic viability, land use, and development standards throughout Wylie, including the areas surrounding the historic downtown; and WHEREAS, the construction plans for S.H. 78 indicate Marble Street and Jackson Street will not be reconnected to the North side of S.H. 78; and WHEREAS, the City of Wylie wishes to realign Brown Street and Oak Street to cross S.H. 78 at a 90° angle. NOW THEREFORE BE IT RESOLVED THAT: 1. The City Council recommends Marble Street and Jackson Street be reconnected to the North side of S.H. 78 and no median opening be provided. 2. The City of Wylie will acquire the right-of-way necessary to reconnect Marble Street and Jackson Street to the North side of S.H. 78. 3. A future project shall reconfigure the intersections of Brown Street and Oak Street to cross S.H. 78 at 90° angles. PASSED AND APPROVED this 13th day of January, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. I January 13, 2004 Issue Consider and act upon a motion to remove the agreement with Bozman Farms Development,Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line from the table and a motion to re- table item. Documentation on this item is still pending from the developer. Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 4. January 13, 2004 Issue Consider and act upon Resolution #2004-01 (R) renaming Birmingham Park to "Joel Wayne Scott Memorial Park." Background Following the death of Councilman Joel Wayne Scott, the Parks and Recreation Board has discussed renaming the new Birmingham Park (Park located northwest of Birmingham Elementary). At the December 1, 2003 meeting the Park and Recreation Board formally voted to rename the Birmingham Park to "Joel Wayne Scott Memorial Park." This formal nomination is now being given to the City Council to vote on per the Park Naming Policy. Financial Considerations N/A Other Considerations Park Naming Policy section: SECTION 1: POLICY ADMINISTRATION Subsection: 1. The park and recreation board ("board"), will be responsible for recommending a name for municipal parks and park facilities. 2. The board shall be responsible for research, study and recommendation of a proposed name to the city council. Rationale for the recommended name shall be given in writing and accompany the recommendation. 3. The recommended name will be forwarded to the city council for its consideration and approval. Board/Commission Recommendation The Parks and Recreation Board voted at its December 1, 2003 meeting to approve renaming Birmingham Park to "Joel Wayne Scott Memorial Park." Staff Recommendation N/A Attachments Resolution Park Naming Policy Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-01(R) A RESOLUTION OF THE CITY OF WYLIE RENAMING BIRMINGHAM PARK TO "JOEL WAYNE SCOTT MEMORIAL PARK". WHEREAS, the City of Wylie wishes to honor the memory of Joel Wayne Scott; and; WHEREAS, Joel Wayne Scott served on the City Council and was a public servant to the Wylie Community for eight years, and to associate his memory with the land he loved near Birmingham Elementary, NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wylie, Texas: that Birmingham Park be renamed "Joel Wayne Scott Memorial Park." Duly passed and approved by the City Council of the City of Wylie, Texas, on this the 13th Day of January, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, Secretary CITY OF WYLIE PARKS AND RECREATION DEPARTMENT PARK AND PARK FACILITY NAMING POLICY POLICY ADMINISTRATION 1. The park and recreation board ("board"), will be responsible for recommending a name for municipal parks and park facilities. 2. The board shall be responsible for research, study and recommendation of a proposed name to the city council. Rationale for the recommended name shall be given in writing and accompany the recommendation. 3. The recommended name will be forwarded to the city council for its consideration and approval. 4. Municipal parks and park facilities shall be named immediately prior to or during development, generally not later than 60 days after acquisition or commencement of construction or at the earliest possible date. 5. A park name or park facility name may be changed no more frequently than once every ten years. II. GUIDELINES FOR NAMING MUNICIPAL PARKS AND PARK FACILITIES 1. Names of municipal parks and facilities should be familiar to the majority of citizens, easy to recall, unique and lasting. 2. The following guidelines are listed in order of importance. Municipal parks and facilities shall be named: a) By outstanding and/or predominate physical characteristics of the land such as: 1. Those naturally occurring, such as forested areas, streams, rivers, lakes and creeks; 2. Manmade features such as subdivisions, streets, office/industrial or commercial complexes; 3. Landmark significance, such as an identifiable manmade or naturally occurring monument; 4. Historical significance, such as the names of early residents or citizens and/or a significant event. b) In honor of a living or deceased national, state, or community leader. c) Based on the activity, event, or function of the land. WYLIE CITY COUNCIL AGENDA ITEM NO. 5. January 13, 2004 Issue Consider and act upon an Ordinance amending Chapter 78, Article IV and appendix C-Fee Schedule, Section 15.00 of the Wylie Code of Ordinances regarding parkland dedication procedures and requirements or payment of cash in lieu thereof. Background The Parkland Dedication ordinance is the tool by which the City obtains either the dedication of parkland or the payment of fees through the residential development process. The fees paid are applied to the purchase of land for new parks or the improvement of existing parks. As development continues within the City, the Park Board has been working with greater frequency with developers in implementing the Parkland Dedication ordinance. In December 2002, the City's consultant, Carter & Burgess, completed work on the Wylie Parks, Recreation and Open Space Master Plan. The plan identified a need for the City to acquire additional parkland and park facilities throughout the next ten years to meet the demands of a growing population. On February 11, 2003 the City Council considered and acted upon approval of a Resolution acknowledging the adoption of the Parks, Recreation and Open Space Master Plan. On October 14, 2003, the City Council held a joint work session with the Park Board. The Council advised the Park Board to investigate and identify potential funding sources for future parkland and park facility acquisition and development. During recent discussions at Park Board meetings, the Board determined that the Parkland Dedication ordinance, which was adopted in 1987 and revised in 1999, needed to be reviewed and updated. Proposed Change of Fee Dedication Requirement For single-family developments, the City's current ordinance requires either the dedication of one and a half(1.5) acres for every 100 dwelling units, or the payment of a fee equal to $500 per dwelling unit, or some combination of both acreage and funds. The same standards apply to townhouse developments where each dwelling unit is located on an individually platted lot. On the other hand, for multi-family (apartment) developments, the current ordinance does not require a dedication per dwelling unit, but only a dedication of$500 for the lot that the multi- family development occupies. Although multi-family development usually include several separate building and many dwelling units, the development itself typically occupies only one lot. The attachment shows what other local municipalities require for parkland dedication fees. Upon review of ordinances and fee structures from local communities, the Board recommends increasing the fee as follows: Five (5) or more single-family dwelling units per acre .$1,500 per lot Three (3) or four(4) single-family dwelling units per acre $2,000 per lot One (1) or two (2) single family dwelling units per acre $3,000 per lot Individual multi-family (apartment) dwelling unit $800 per dwelling unit Proposed Change of Land Dedication Requirement The current ordinance declares that development of an area smaller than one (1) acre for a public park is impractical. The attachment shows what other local municipalities require for parkland dedication acreage. Upon review of ordinances from local communities, the Board recommends increasing the land dedication requirement from one and a half (1.5) acres for every 100 dwelling units to a minimum of five (5) acres for developments containing less than 100 dwelling units and to five (5) acres per 100 dwelling units for any development containing 100 or more dwelling units. Proposed Addition of a Non-Residential Dedication Requirement The current ordinance does not address non-residential development. Although non- residential development does not generate residential occupancies per se, it does create an environmental impact which may negatively affect the living environment of the community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses. Upon review of ordinances from local communities, the Board recommends imposing a park dedication fee in the amount of $1,000 per acre or prorated portion thereof, upon all non-residential development in the City. Proposed Change of Park Zone Requirement As shown in the attachment, the City of Wylie contains three (3) park zones commonly referred to as the West, Central, and East Zones. For reference, the West Zone contains Founders, Quail Meadow, Dodd, Sage Creek, Sage Creek North, and Lakeside Estates Parks; the Central Zone contains Community, Valentine, and Olde City Parks; and the East Zone contains Cimarron Estates, Kirby, and the Meadows of Birmingham Parks. The current ordinance stipulates that the collected parkland dedication fees must be used within the same geographic area or "Park Zone" in which the residential development generating the fees occurs. Occasionally, opportunities for land acquisition or facilities improvements may arise in a particular zone at a time when insufficient funds are available in the zone for the desired procurement. To remedy this potential situation and to allow greater flexibility with the use of all available parkland dedication funds, the Park Board recommends revising the current ordinance to state that upon recommendation of the Park Board and approval of the City Council, funds from any or all park zones may be combined for special purposes. Proposed Subdivision Phasing Parkland Escrow Requirement Many of the proposed and recently constructed subdivisions in the City have been accomplished in phases whereby a portion of the entire subdivision is constructed and accepted by the City, and then construction of additional sections or phases of the same development is subsequently undertaken. Occasionally, the parkland acreage to be dedicated to the City is located in a second or third phase of an overall development. The current ordinance does not contain a provision to address the possibility of all phases of a development not being fully completed in a timely fashion. Without such a provision, it is possible for an initial phase of a development to be accepted by the City and occupied by residents and a future phase containing the parkland to remain undeveloped for an indefinite period of time. Staff recommends amending the current ordinance to require the developer to escrow funds equivalent to the number of dwelling units constructed in any initial phase of a development if the parkland is located in a future phase. When the future phase is constructed, and the parkland is dedicated to the City, the City would release the escrow funds plus interest back to the developer. Under advice of the City Attorney, if the future phase containing the parkland is not constructed within five (5) years of completion of the initial phase of the overall development, the escrowed funds will be forfeited to and become property of the City. Proposed Biennial Ordinance Review The current ordinance does not contain a provision requiring a periodic review and update of the ordinance. Upon review of ordinances from local communities, the Board recommends that the ordinance be amended to include a mandatory review of the ordinance by the Park Board every two years. Any recommendations to amend the ordinance after Park Board review will be forwarded to the City Council for review and consideration. Other Considerations Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. N/A Financial Consideration The current balance of discretionary funds in the Park Acquisition and Improvement fund is $129,437. Board/Commission Recommendations The Parks and Recreation Board recommends the proposed amendments to Chapter 78, Article IV of the City Code, Parkland Dedication. Staff Recommendations Staff recommends the proposed amendments to Chapter 78, Article IV of the City Code, Parkland Dedication. Attachments Parkland Dedication Survey Park Zone Map Proposed Ordinance Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NUMBERS 87-15 AND 99-6, SECTIONS 78-107,78-108,78-109, 78-110,78-112,78-113 AND APPENDIX C—FEE SCHEDULE SECTION 15.00 OF THE WYLIE CODE OF ORDINANCES;PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT;PROVIDING FOR A PENALTY FOR VIOLATION HEREOF; PROVIDING SAVINGS/REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Park Board of the City of Wylie, Texas has performed a study and determined that it is necessary and in the best interest of the City of Wylie, Texas("Wylie")to amend Wylie's Park Dedication Ordinance Nos. 87-15 and 99-6 which provide for recreational areas in Wylie or providing for money in lieu of dedication of land; and WHEREAS,the City Council of Wylie(the"City Council")has investigated and determined that Wylie's Park Dedication Ordinance Nos. 87-15 and 99-6 should be amended in furtherance of Wylie's Parks, Recreation and Open Space Master Plan adopted in 2003; and WHEREAS, the City Council finds that all notices and hearings as required by statute and other applicable law have been performed; and WHEREAS, the City Council investigated and determined that it would be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie Ordinance Nos. 87-15 and 99-6, Sections 78-107,78-108, 78-109, 78-110, 78-112, 78-113 and Appendix C —Fee Schedule Section 15.00 of the Wylie Code of Ordinances as set forth below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Section 78-107. Dedication Procedures. Section 78-107 "Dedication Procedures" of Wylie's Code of Ordinances is hereby amended to read as follows: a) Whenever a final plat is filed on record with the county clerk of Collin, Dallas or Rockwall County for development of a residential area in accordance with the planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal five (5) acres for each 100 proposed dwelling units. b) The city council declares that development of an area smaller than five(5) acres for Ordinance AMENDMENTS TO PARKLAND DEDICATION Page 1 public park purposes is impractical. Therefore, if fewer than 100 units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by section 78-108 (c),rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five(5) acres shall be approved. c) In all other instances,the city shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the parks and recreation board, and to require payment of cash in lieu of land in the amount provided by section 78-108 (c), if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. SECTION 3: Section 78-108. Money in Lieu of Land. Section 78-108"Money in Lieu of Land" of Wylie's Code of Ordinances is hereby amended to read as follows: a) Subject to approval of the city council, a land owner responsible for dedication under this article may elect to meet the requirements of section 78-107, in whole or in part, by a fee payment in lieu of land, in the amount set forth in subsection (c) of this section. Such payment in lieu of land shall be made at or prior to the time of final plat approval. Nonpayment of fee shall constitute grounds sufficient to deny approval of proposed plat. b) The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The fee amount shall be set out in the fee schedule in appendix C to this Code of Ordinances. Once the city has been reimbursed entirely for all such park land within a park zone, this section shall cease to apply, and the other subsections shall again be applicable. c) To the extent that subsection (b) of this section is not applicable, the dedication requirement shall be met by a payment of cash, in lieu of dedication of land, at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located or to improve or expand existing park land in the park zone. Unless changed by the city council, such per acre price shall be based on a fee as set out in the fee schedule located in appendix C to this Code. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development, or, upon recommendation of the Park Board and approval of the city council, funds from any and all park zones may be combined for special purposes. SECTION 4: Section 78-109. Comprehensive Plan Considerations. Section 78-109 "Comprehensive Plan Considerations" of Wylie's Code of Ordinances is hereby amended to read as follows: Ordinance AMENDMENTS TO PARKLAND DEDICATION Page 2 The city shall create and maintain a master park plan for the city and its extraterritorial jurisdiction. The city shall further designate the size of the parks and the zones which are to be supportive of these parks. Dedication of park land shall be in accordance with the master plan. The city will determine, the park location based on land suitability. This plan may be, from time to time, updated and amended at the pleasure of the approving authorities and as the review of proposed plats for development within those zones. SECTION 5: Section 78-110. Park Acquisition and Improvement Fund; Right to Refund. Section 78-110 "Park Acquisition and Improvement Fund; Right to Refund" of Wylie's Code of Ordinances is hereby amended to read as follows: a) There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this article or any preceding article or any preceding ordinance, which fund shall be known as the park acquisition and improvement fund. Such fund may be subdivided to create as many separate funds as become necessary in order to ensure that all funds are separated by park zone and spent wholly and completely within such park zone. Upon recommendation of the Park Board and approval of the city council, funds from any and all park zones may be combined for special purposes. Each fund shall be separately audited in the annual audit of the city and shall be available for public review. b) The city shall account for all sums paid in lieu of land dedication under this article with reference to individual plats involved. Any funds paid for such purposes must be expended by the city within five (5) years from the date received by the city for acquisition or development of a neighborhood park. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property, on the last day of such period, shall be entitled to a pro-rata refund of such sum computed on a square footage of area basis. The owners of such property must request such refund within one(1)year of entitlement, in writing, or such right shall be barred. c) When residential developments occur in phases, all phases of the development shall meet applicable dedication requirements. If land dedication is to occur in a latter phase of the overall development, the dedication requirement for the initial phase(s) shall be met by placing funds into an escrow account as directed by the city. When the actual land dedication occurs,the escrowed funds plus interest shall be returned to the depositor. The depositor must request such refund within one (1) year of entitlement,in writing, or such right shall be barred. If land dedication does not occur within five(5)years of completion of the initial phase of the overall development,the escrowed funds plus interest shall be forfeited by the depositor and the funds shall become the property of the city. SECTION 6: Section 78-112. Minimum Park Improvements. Section 78-112"Minimum Park Improvements" of Wylie's Code of Ordinances is hereby amended to read as follows: In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer's expense, prior to acceptance of the improvements by the Ordinance AMENDMENTS TO PARKLAND DEDICATION Page 3 city. a) Grading and clearing of unwanted vegetation, to be determined by the city; b) Installation of sub-grad drainage. No open drainage channels will be permitted on land being dedicated for park purposes; and c) Provision of water and sewer service to the site. SECTION 7: Section 78-113. Biennial Review. Section 78-113 "Biennial Review" of Wylie's Code of Ordinances is hereby amended to read as follows: a) At least once every two(2)years the Park Board shall review the Parldand Dedication ordinance and make any recommendations for revision to the City Council. SECTION 8: Appendix C — Fee Schedule, Section 15.00. Parkland Dedication Fees. Appendix C — Fee Schedule, Section 15.00. "Parkland Dedication Fees" of Wylie's Code of Ordinances is hereby amended to read as follows: When the dedication requirement is met by a payment of cash,in lieu of dedication of land, at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located, unless changed by the city council, such per acre price shall be computed as follows: Five (5) or more single-family dwelling units per acre $1,500 per lot Three (3) or four (4) single-family dwelling units per acre $2,000 per lot One (1) or two (2) single family dwelling units per acre $3,000 per lot Individual multi-family (apartment) dwelling unit $800 per dwelling unit Non-residential $1,000 per acre, or prorated portion thereof SECTION 9: Penalty Provision. Any person,firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation,in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 10: Savings/Repealing Clause. Wylie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance AMENDMENTS TO PARKLAND DEDICATION Page 4 SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 13th day of January, 2004. APPROVED John Mondy, Mayor ATTESTED: AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date(s) of Publication 1-21-04 Ordinance AMENDMENTS TO PARKLAND DEDICATION Page 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 87-15 and 99-6, PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; CONTAINING A SEVERIBILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: The Code of Ordinances of the City of Wylie be amended as follows: SECTION 1 Section 78-107. Dedication Procedures. a) Whenever a final plat is filed on record with the county clerk of Collin County for development of a residential area in accordance with the planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal five (5) acres for each 100 proposed dwelling units. b) The city council declares that development of an area smaller than five(5)acres for public park purposes is impractical. Therefore, if fewer than 100 units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by section 78-108 (c), rather than to dedicate any land area. No plat showing a dedication of less than five (5) acre shall be approved. c) In all other instances, the city shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the parks and recreation board, and to require payment of cash in lieu of land in the amount provided by section 78-108 (c), if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. Section 78-108. Money in lieu of land. a) Subject to approval of the city council, a land owner responsible for dedication under this article may elect to meet the requirements of section 78-107, in whole or in part, by a fee payment in lieu of land, in the amount set forth in subsection (c) of this section. Such payment in lieu of land shall be made at or prior to the time of final plat approval. Nonpayment of fee shall constitute grounds sufficient Ordinance# Amendments to Parkland Dedication 1 to deny approval of proposed plat. b) The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The fee amount shall be set out in the fee schedule in appendix C to this Code of Ordinances. Once the city has been reimbursed entirely for all such park land within a park zone, this section shall cease to apply, and the other subsections shall again be applicable. c) To the extent that subsection (b) of this section is not applicable, the dedication requirement shall be met by a payment in lieu of land at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the city council, such per acre price shall be based on a fee as set out in the fee schedule located in appendix C to this Code. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development, or, upon recommendation of the Park Board and approval of the city council, funds from any and all park zones may be combined for special purposes. Section 78-109. Comprehensive plan considerations. The city shall create and maintain a master park plan for the city and its extraterritorial jurisdiction. The city shall further designate the size of the parks and the zones which are to be supportive of these parks. Dedication of park land shall be in accordance with the master plan. The city will determine, the park location based on land suitability. This plan may be, from time to time, updated and amended at the pleasure of the approving authorities and as the review of proposed plats for development within those zones. Section 78-110. Park acquisition and improvement fund; right to refund a) There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this article or any preceding article or any preceding ordinance, which fund shall be known as the park acquisition and improvement fund. Such fund may be subdivided to create as many separate funds as become necessary in order to ensure that all funds are separated by park zone and spent wholly and completely within such park zone. Upon recommendation of the Park Board and approval of the city council, funds from any and all park zones may be combined for special purposes. Each fund shall be separately audited in the annual audit of the city and shall be available for public review. Ordinance# Amendments to Parkland Dedication 2 b) The city shall account for all sums paid in lieu of land dedication under this article with reference to individual plats involved. Any funds paid for such purposes must be expended by the city within five years from the date received by the city for acquisition or development of a neighborhood park. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property, on the last day of such period, shall be entitled to a prop rata refund of such sum computed on a square footage of area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred. c) When residential developments occur in phases, all phases of the development shall meet applicable dedication requirements. If land dedication is to occur in a latter phase of the overall development, the dedication requirement for the initial phase(s) shall be met by placing funds into an escrow account as directed by the city. When the actual land dedication occurs, the escrowed funds plus interest shall be returned to the depositor. If land dedication does not occur within five (5) years of completion of the initial phase of the overall development, the escrowed funds plus interest shall be forfeited by the depositor and the funds shall become the property of the city. Section 78-112. Minimum park improvements. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the city. a) Grading and clearing of unwanted vegetation, to be determined by the city; b) Installation of sub-grad drainage. No open drainage channels will be permitted on land being dedicated for park purposes; and c) Provision of water and sewer service to the site. Section 78-113. Biennial review. a) At least once every two (2) years the Park Board shall review the Parkland Dedication ordinance and make any recommendations for revision to the City Council. Appendix C — Fee Schedule Section 16.00. Parkland Dedication Fees b) To the extent that paragraph (a) hereinabove is not applicable, the dedication requirement shall be met by a payment in lieu of land at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the city Ordinance# Amendments to Parkland Dedication 3 council, such per acre price shall be computed as follows: Five (5) or more single-family dwelling units per acre ... ... ... ... ... ......$1,500 per lot Three (3) or four (4) single-family dwelling units per acre ... ... ... ... ...$2,000 per lot One (1) or two (2) single family dwelling units per acre ... ... ... ... ... ...$3,000 per lot Individual multi-family (apartment) dwelling unit ... ... ....... .... $800 per dwelling unit Non-residential ... ... ... ... ... ... ... ... ... .... $1,000 per acre, or prorated portion thereof. SECTION 2 Any person violating the provisions of the Fee Schedule, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in section 1-9, therein, as the same now exists or is hereafter amended and shall not be allowed the permit, privilege or license to which the fee pertains. SECTION 3 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 4 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 the virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting 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 the day of , 2004. APPROVED John Mondy, Mayor ATTESTED: APPROVED AS TO FORM: AND CORRECTLY RECORDED: Ordinance# Amendments to Parkland Dedication 4 Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd & Joplin,P.C. City Attorneys Ordinance# Amendments to Parkland Dedication 5 WYLIE CITY COUNCIL AGENDA ITEM NO. 6. January 13, 2004 Issue Consider and act upon approval of an Ordinance of the city council of the City of Wylie, Texas, renaming a portion of West Kirby Street to Jackson Circle and a portion of Stone Road to Stone Circle. Background The construction of the Kirby/Stone connector was recently completed and the project included the reconfiguration of West Kirby Street and a portion of Stone Road. A work session was held on October 28, 2003 to discuss naming alternatives for the effected streets. The proposed ordinance will rename West Kirby Street to Jackson Circle and a portion of Stone Road to Stone Circle as shown on the attached map. The proposed name changes effect 11 residences on West Kirby Street and 4 residences on Stone Road. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends adoption of an ordinance renaming West Kirby Street and a portion of Stone Road. Attachments Ordinance and Exhibit 'A' Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS CHANGING THE NAME OF STONE ROAD TO STONE CIRCLE AND WEST KIRBY STREET TO JACKSON CIRCLE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City of Wylie, Texas("Wylie")has initiated a request to rename Stone Road to Stone Circle and West Kirby Street to Jackson Circle located in Wylie, Collin County, Texas; and WHEREAS, the City Council of Wylie has investigated into and determined that it will be advantageous and beneficial to Wylie and its inhabitants to rename Stone Road to Stone Circle and West Kirby Street to Jackson Circle, as set forth below. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Renaming Stone Road and West Kirby Street. Stone Road is hereby renamed to Stone Circle;West Kirby Street is hereby renamed to Jackson Circle,as shown on Exhibit 'A'. All ordinances of Wylie referring to Stone Road are amended to replace Stone Road with Stone Circle; otherwise said ordinances shall remain in full force and effect. All ordinances of Wylie referring to West Kirby Street are amended to replace West Kirby Street with Jackson Circle; otherwise said ordinances shall remain in full force and effect. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. ORDINANCE;2004-01 CHANGING THE N A1MME OF STONE ROAI)TO STONE CIRCLE ANI)WEST KIRBY STREET TO JACKSON CIRCLE Page 1 SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 13th day of January, 2004. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH City Secretary DATE(s) OF PUBLICATION:01-21-O4 ORDINANCE;2004-01 CHANGING THE NAME OF STONE ROAD TO STONE CIRCLE ANI)WEST KIRBY STREET TO JACKSON CIRCLE Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 7. January 13, 2004 Issue Consider and Act upon an Ordinance to establish an Ad Valorem Tax Freeze on Residence Homesteads of the Disabled and the Elderly and their Spouses. Background Proposition 13, passed by the voters of Texas in September, 2003, amends the Texas Constitution by permitting counties, cities, and junior college districts to establish an ad valorem freeze on residence homesteads of the disabled and the elderly and their spouses. This ordinance would freeze the ad valorem taxes on these homesteads for the City of Wylie. It will be effective with the January 1, 2004 appraised values and the City tax rate to be approved by Council in September 2004 for the 2004-05 Budget. Financial Considerations The Collin County Tax office has provided staff with an estimate based on the school district rolls of how many tax parcels are receiving these exemptions. There are 91 parcels receiving a disabled exemption and 522 parcels receiving an elderly (sixty five or older) exemption for a total of 613 exemptions. There may be some people who have not applied to the Central Appraisal District(CAD) for one of these exemptions. A sample of the CAD application form is attached to this agenda. Following is an estimate of the potential decrease in ad valorem tax revenue from the exemptions. Note that the first fiscal year that would be affected by a decrease in tax revenues will be Fiscal Year 2005- 2006. The calculations will be based on using the CAD average taxable homestead value of$117,010, the current city tax rate of$0.705 per $100 of value, the current estimate of 613 exempt tax parcels and assuming a 5% increase in existing values from the previous tax year. The total value of 613 parcels at the average homestead value of$117,010 would be$505,725. The city taxes on the individual parcels would be $825 per year. If you assume a 5% increase in value for the above parcels,the total would be$531,010 or$866 per parcel. With the exemption in place,there would be a saving of$41 per homestead. The city's revenue loss in the above example would be $25,285. Other Considerations None Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Ordinance Residential Homestead and Other Exemptions Application Form Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE ESTABLISHING AN AD VALOREM TAX FREEZE FOR RESIDENTIAL HOMESTEAD PROPERTY OWNERS OF THE CITY OF WYLIE, TEXAS WHO ARE DISABLED OR 65 YEARS OF AGE OR OLDER; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN EFFECTIVE DATE OF THE EXEMPTION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, as approved by the voters of the State of Texas at an election held on September 13, 2003, Article VIII, Section 1-b, Subsection h of the Texas Constitution allows municipalities and certain other taxing entities to establish an ad valorem tax freeze on residence homesteads of disabled individuals or individuals age sixty-five or older; and WHEREAS, effective January 1, 2004, Section 11.261 of the Texas Tax Code governs the procedure under which a municipality or other taxing entity may adopt an ad valorem tax freeze; and WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to provide for a tax freeze on the amount of property taxes on the homesteads of disabled individuals or individuals age sixty-five or older, beginning with tax year 2004. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Definitions. Disabled has the same meaning as set forth in the Texas Tax Code Section 11.13(m)(1), as it currently exists or may be amended Residence homestead has the same meaning as set forth in the Texas Tax Code Section 11.13(j)(1), as it currently exists or may be amended. Tax Code means the Texas Tax Code, as it currently exists or may be amended. SECTION 3: Residence Homestead Tax Freeze for Elderly or Disabled People. There is hereby created and established a tax freeze on the amount of property taxes imposed by the City of Wylie on the homesteads of disabled individuals or individuals age sixty-five or older, which shall be governed by §11.261 of the Tax Code, as follows: Ordinance# ORDINANCE ESTABLISHING TAX FREEZE-RESIDENTIAL HOMESTEAD(65 YRS&OLDER) Page 1 (a) The tax freeze shall become effective beginning with the 2004 tax year and shall remain effective for each successive tax year until otherwise amended or repealed by the City Council or other appropriate authority. (b) The total amount of ad valorem taxes imposed on the residence homesteads of a person who qualified that residence homestead for the exemption in accordance with the Tax Code as that of a person who is disabled or is sixty-five years of age or older shall not be increased while it remains the residence homestead of that person or that person's spouse who is disabled or sixty-five years of age or older. (c) If the person who is disabled or is sixty-five years of age or older dies in a year in which the person received a residence homestead exemption, the total amount of ad valorem taxes imposed on the residence homestead shall not be increased while it remains the residence homestead of that person's surviving spouse if(i) the surviving spouse is fifty-five years of age or older at the time of the person's death; (ii) the residence homestead of the deceased person is also the residence homestead of the surviving spouse on the date of the person's death; and (iii) the residence homestead remains the residence homestead of the surviving spouse. (d) Notwithstanding anything contained herein, taxes on the residence homestead may be increased to the extent the value of the homestead is increased by improvements other than repairs and other than improvements made to comply with governmental requirements. (e) A person may not receive freeze taxes for more than one residence homestead, no matter where located, in the same year. A person may designate a new residence homestead within the City in accordance with the Tax Code. (f) The limitation on taxes provided by this Ordinance may expire in accordance with § 11.261(d) of the Tax Code. If a tax limitation is erroneously allowed, back taxes may be assessed in accordance with § 11.261(e) of the Tax Code. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance# ORDINANCE ESTABLISHING TAX FREEZE-RESIDENTIAL HOMESTEAD(65 YRS&OLDER) Page 2 SECTION 6: Effective Date. This Ordinance shall become effective upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 13th day of January, 2004. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date(s) of Publication 1-21-04 Ordinance# ORDINANCE ESTABLISHING TAX FREEZE-RESIDENTIAL HOMESTEAD(65 YRS&OLDER) Page 3 WYLIE CITY COUNCIL AGENDA ITEM NO. 8. January 13, 2004 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Neighborhood Services (NS) District and approval of a Special Use Permit, located at 520 North Ballard Avenue, being approximately 0.86 acre of land situated in the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas. (Zoning Case 2003-13) Background The subject property is 0.86 acre in size, and was annexed into the City of Wylie in August of 2003. The property has never been platted. A major water transmission line, 60 feet in width, runs along the south boundary of the lot, rendering approximately half of it undevelopable. At the time of annexation, a masonry building of approximately 1,400 square feet,with asphalt access drive and parking, existed on the property. The building and improvements were constructed on the property in 1970. This previously accommodated a number of retail and personal service uses, and is currently occupied by a photographic service (under a temporary Certificate of Occupancy). A telecommunications tower and 300 square feet equipment/service building, installed in 1995, occupies a wire-fenced enclosure of approximately 1,300 square feet at the center of the property. When annexed, the subject property was temporarily zoned as Agriculture (A) District until appropriate permanent zoning is established by the City Council. Neither the City nor County can control the zoning or use of unincorporated land within the County, where the land was located when the existing improvements were constructed. The owner/applicant is requesting rezoning of the property from Agriculture to Neighborhood Services(NS) District in order to utilize the existing building for the types of commercial uses for which it was constructed. Only agricultural operations and limited residential, institutional and utility uses are allowed within the Agriculture District. The Neighborhood Services District allows a variety of diverse uses, including convenience retail and personal services, offices,institutional and community services, and utilities and public services. The Building Official has issued a temporary (six months) Certificate of Occupancy to allow a photographic service to occupy the building pending approval of appropriate zoning. The property on which the telecommunication tower is located is leased by the property owner to a third-party utility. Telecommunication towers are allowed within both the current Agriculture (A) and requested Neighborhood Services Districts only by the approval of a Special Use Permit(SUP), and the applicant is also requesting a SUP in order to continue the operation of the existing tower. Approval of the SUP will merely legalize the continuing operation of the tower. The SUP will run with the land rather than with the ownership. However, no special conditions are proposed for the subject tower, and if the SUP is approved it will be maintained and continue to operate as it does currently. The triangular shape of the subject property, and the undevelopable easement for the water transmission line restricts expansion of additional development of improvements on the property, and it is not likely that the tract can accommodate additional improvements other than the existing building with parking and tower. The property abutting to the north is also zoned Agriculture, and is maintained as the residence of the owner/applicant. The railroad corridor, carrying an average of eight (8) trains daily, borders the subject property on the south. Properties across Ballard Avenue are zoned Single-Family(SF 8.5/17)Residential and are developing as the Meadowview Estates subdivision. Properties to the east and the rear of the property are zoned Agriculture and undeveloped. Public Comment Forms were mailed to seven (7) property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The currently-adopted Comprehensive Plan recommends Country Residential Uses for the subject property, envisioning detached residential lots of one acre or larger in size. The Planning and Zoning Commission is considering revisions to the Comprehensive Plan, and has proposed Village Residential uses for the area. Village Residential includes multi-family apartments, attached single-family duplexes or townhouses and detached single-family residences on lots of at least 8,500 square feet, and is intended to be located in closest proximity to Village Center retail uses. The proposed zoning is not consistent with either of these recommendations. However, properties east of Ballard north of the applicant's home and all properties across Ballard to the west are already zoned and developed as Village Residential uses. The requested Neighborhood Services uses could appropriately serve the convenience retail needs of the surrounding residential. The location of the subject property along the Ballard Avenue thoroughfare, the proximity of the rail corridor and the existing nonresidential uses of the tract, suggest that the location is better suited to the requested nonresidential uses than to the residential proposed by the Comprehensive Plan. The limited size and odd configuration of the tract also limit its redevelopment for residential uses, and convenience retail and services could serve the increasing residences within the immediate vicinity. Furthermore, the property south of the rail corridor is developing as nonresidential uses (self-storage warehouses), which cannot be controlled by the City or County as it is unincorporated. The proposed use does, therefore, conform to the philosophy of the Comprehensive Plan. 2. The property is already served by City water, and is being connected to City sewer now that it has been annexed. These utilities are sufficient to support any type of land use on the tract. 3. The existing building has a small foot-print,is 100 percent masonry with a residential pitched roof, and has parking to the side rather than in the front, and these characteristics comply with regulations of the current Zoning Ordinance. However, the parking is asphalt rather than the currently required concrete, the building has limited articulation and the site has a pole sign and limited landscaping, which do not conform completely with the current regulations. Future renovations or additions to the site can bring the existing structure into closer compliance with the regulations of the current Zoning Ordinance. 4. Surrounding properties are largely developed or developing, and this, with the small size and restrictive water easement of the subject tract as well as isolation by the rail corridor, limit its potential to expand incompatible nonresidential uses into residential neighborhoods or undeveloped land. 5. The proposed continuation of the nonresidential use will provide greater potential for public tax revenue than will either the vacant building or redevelopment to residential uses recommended by the Comprehensive Plan. 6. The subject property is not platted to officially create a developable lot-of-record, but will be platted administratively as a Minor Plat. Board/Commission Recommendation At the December 16, 2003 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of the proposed zoning change. Staff Recommendation Approval. The proposed zoning continues the use for which the property was developed and historically utilized, and the surrounding uses restrict the use from encroaching into residential neighborhoods. Attachments Ordinance Location Map Abstract/Survey, illustrating the location of existing site improvements Photograph of Site Notification List and Map Prepared by Reviewed by Finance City Manager 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 2003-13,TO NEIGHBORHOOD SERVICES (NS) DISTRICT AND SPECIAL USE PERMIT (SUP) FOR TELECOMMUNICATIONS TOWER; 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 Neighborhood Services District and Special Use Permit,allowing for a telecommunication tower, said property being described in Exhibit"A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person,firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 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 13th day of January, 2004. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date(s) of Publication 1-21-04 Exhibit "A" Zone Change #2003-13 PROPERTY DESCRIPTION BEING a tract of land located at 520 North Ballard Avenue, and being situated in the T. Truett Survey, Abstract No. 920-1, Tract 36, City of Wylie, Collin County, Texas. WYLIE CITY COUNCIL AGENDA ITEM NO. 9. January 13, 2004 No communication enclosed.