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10-25-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA October 25, 2005 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 CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted br 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 October 11, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for T-Mobile, generally located at the southwest corner of FM 544 and Highway 78. (C. Thompson,Planning and Zoning Director) C. Review and accept adoption of the Construction Code Board Bylaws approved by the Construction Code Board members on October 6, 2005.(J. Bray,Building Director) D. Consider and act upon renewing the fully employee funded supplemental vision insurance plan to Avesis,our provider since October,2001. (L. Fagerstrom,Human Resources Manager) ITW X.Q .. ..L IJAL CONSIDERATION AND ACTION Tabled Item Tabled from September 20,2005 Special Called Meeting 1. Consider and act upon Ordinance No. 2005-54 amending the FY2005/2006 Annual Budget, Ordinance No. 2005-41, and approving an appropriation of monies for Court Appointed Special Advocates, Collin County Children's Advocacy Center and City House; providing for Repealing, Savings and Severability Clauses; and providing for an Effective date. (M.Roath, City Manager) Executive Summary In a letter to the City, Mr. David E. Dorman, Mayor of the City of Melissa, requested donations to the following not-for- profit organizations: Court Appointed Special Advocates, Collin County Children's Advocacy Center and CITY House. (see attached letter dated September 16, 2005) On September 20, 2005, the City Council entertained an appropriation ordinance to amend the FY 2004/2005 Annual Budget,and then directed the City Manager to develop a donation policy for not-for-profit organizations. In addition, the Council directed that an agenda item for the allocation of funds to these organizations be returned to the City within 30 days. On October 11, 2005, the City Manager proffered a policy regarding funding requests by not-for-profit organizations, which was adopted by the Council with minor revisions. (see Attached Ordinance No. 2005-52) 2. Consider and act upon Ordinance No. 2005-55 establishing and appointing the City Council Subcommittee for WISD Relations; prescribing the purpose, composition, function, duties, and tenure of each subcommittee member; and providing for an effective date hereof. (M. Roath, City Manager) Executive Summary The WISD Board has formed an advisory standing committee called City/School Partnerships, consisting of three (3) Board members: Susan Shuler(Chairperson), Ronni Fetzer and Henry Garland. This Committee is focused on discussing existing and new partnerships between the District and cities within its area. Dr. John Fuller is the School District's facilitator to this Committee. Dr. Fuller has asked the City (City Council) to designate a representative(s) to meet with this Committee for the stated purpose. 3. Consider and act upon an appointment of an elected official, and alternate, to represent the City of Wylie in discussions with the Wylie Independent School District City/Schools Partnerships Committee. (M. Roath, City Manager) Executive Summary Assuming the City Council desires to appoint a single representative to meet with the above named WISD Committee,then the City Council should decide on the term of the appointment(s). 4. Consider and act upon Resolution No. 2005-26(R) ordering Atmos Energy, Mid-Texas Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Texas Division, to submit a rate package based on a rate year ending June 30, 2005; directing that such filing shall be made by December 31, 2005; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to Atmos Energy and legal counsel. (M.Roath, City Manager) Executive Summary Municipalities have original jurisdiction over gas utility rates within the city. Municipalities have authority under the Gas Utility Regulatory Act("GURA") to initiate a proceeding to determine whether the existing rates being charged by a gas utility are unreasonable or in violation of the law. This resolution exercises that authority and requires Atmos Mid-Tex Division to file a rate filing package with the City in order for the City to determine whether Atmos'rates are excessive. 5. Consider and act upon Resolution No. 2005-27(R) suspending the proposal by Atmos Energy, Mid- Texas Division, to implement interim GRIP rate adjustments for gas utility investment in 2004; authorizing participation with other cities to review the sufficiency of the filing; authorizing intervention in administrative and court proceedings; designating the City Manager as the City's representative on a Steering Committee; ratifying the selection of the law firm of Lloyd Gosselink to represent the City; requiring reimbursement of reasonable legal fees and consultant expenses and requiring delivery of the Resolution to Atmos Energy and legal counsel. (M.Roath, City Manager) Executive Summary The law requires that a Gas Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty(60)days following a filing. The Company can set the"effective date"for any date after the 60th day. The effective date may be suspended by a city for 45 days. This resolution suspends the effective date to the maximum extent permitted by law to permit the cities to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine whether the surcharge is reasonable. This resolution is also critical for authorizing cooperation with other cities adversely impacted by the application and the creation of a Steering Committee. 6. Consider and act upon approval of Ordinance No.2005-56 to amend the FY 2005-06 budget to allow payment of invoices related to the Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. in the amount of$24,276.50 for the development of a park in Creekside Estates. (M. Sferra,Public Services Manager) Executive Summary On January 27, 2004, the City Council authorized the City Manager to enter into a Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates in an amount not to exceed $60,000. On February 8, 2005, City Council passed Resolution #2005-12(R) authorizing the City Manager to execute that agreement. Related City Council action occurred on June 28, 2005 when Council authorized an additional expenditure of$8,502.50 toward the cost of a pedestrian bridge at the site and its installation(engineering,piers,etc.). In the FY 2004-05 budget, the funds for the original $60,000 Reimbursement Agreement were earmarked in the Land Betterments line item of the West Zone portion of the Park Acquisition and Improvement Fund (121-5621-58150). However,these funds were not carried over into the current FY 2005-06 budget. 7. Consider and act upon Ordinance No. 2005-57 approving and establishing a policy regarding the acceptance of donations to the City of Wylie. (M.Manson,Assistant City Manager) Executive Summary The purpose of the proposed policy is to establish procedures for the acceptance of donations to the City of Wylie. The policy includes the procedures for the acceptance of the donation of funds, equipment, or in-kind services that are either solicited or unsolicited. Donations with a value up to and including $5,000 may be approved by the City Manager. Donations with a value over$5,000 must be approved by the City Council. 8. Consider and act upon authorizing the Mayor to enter into an agreement between the City of Wylie and Brinkley Sargent for architectural, engineering and related services for the Wylie Animal Shelter expansion. (J. Butters,Police Chief) Executive Summary Brinkley Sargent has submitted the exhibited proposal for architectural,engineering and related fees.Brinkley Sargent will sub-contract engineering services to Helmberger Associates Inc. Brinkley Sargent has worked for the City previously completing a facility needs assessment and is very familiar with the animal shelter project. Brinkley Sargent Architects have successfully completed numerous animal shelter projects and have excellent references. The fact that Brinkley Sargent is very familiar with specific animal shelter issues and requirements is an important consideration. The total amount for all services proposed equals $54,000. This amount does represent reasonable fees compared to what other Cities have paid for similar services on similar projects. Architectural and engineering services are exempt from competitive bidding under the Professional Services Procurement Act. The funds are budgeted in this year's operating budget. Public Hearing 9. Hold a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and non-residential development requirements of the Zoning Ordinance. (C. Thompson,Planning& Zoning Director) Executive Summary On May 24,2005 the City Council adopted the revisions to the Comprehensive Plan,and these revisions to the Plan dictate the need for corresponding revisions to the Zoning Ordinance. The Council held a joint work session with the Planning and Zoning Commission in June to provide policy direction for these revisions. On September 6, the Commission held a work session with developers and builders currently involved in Wylie. At the September 20, 2005 meeting, the Commission finalized the draft recommendations, and held a public hearing on October 4 to receive citizen comments. REAIIINQ9EiORDINANCESITTLE &CAPTION APPROVED,BY COUNCIL;AS,REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D 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 21th day of October,2005 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us 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 TD 972/442-8170. MINUTES Wylie City Council Tuesday, October 11, 2005 — 6:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North CAlETO ORDER . . .L,. Mayor Pro Tern Eric Hogue called the meeting to order at 6:00 p.m. Council Members present were: Councilwoman Reta Allen, Councilman Merrill Young, and Councilman Rick White. Mayor John Mondy, Councilman Earl Newsom and Councilman Carter Porter were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Parks Superintendent, Bill Nelson; Public Works Superintendent, Jack Jones; Public Information Officer, Mark Witter, and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Young gave the invocation and Councilwoman Allen led the Pledge of Allegiance. PRESENTATIONS&DISCUSSION • 151 Six Weeks Star Students-"Responsibility" Mayor Pro Tern Hogue and WISD Superintendent Dr.John Fuller presented Certificates to WISD students nominated for the character trait of"Responsibility". CITIZENS PARTICIPATION.... No citizens were present to address Council. 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 September 27, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for the Lost Acre Addition. Subject property being a 3.00 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, generally located on the SEC of Brown Street and Country Place Lane (Private Rd. 5459). (C. Thompson, Planning and Zoning Director) C. Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10D. Subject property being generally located south of Creek Crossing Lane and Woodbridge Phases 9 and 10C. (C. Thompson,Planning and Zoning Director) D. Consider and act upon awarding an annual mowing contract to VMC Landscape Services in the amount of$39.90 per acre for mowing services and $6.47 per acre for litter control. (M.Sferra,Public Services Director) Minutes—October 11,2005 Wylie City Council Page 1 E. Consider and act upon an amendment to the City Manager's employment agreement regarding compensation. (C.Ehrlich, City Secretary) F. Consider and act upon approval of Ordinance No. 2005-49 amending Animal Shelter fees. (J. Butters, Police Chief) G. Consider and act upon approval of Ordinance No. 2005-50 setting the time and place for Council Meetings for November and December of 2005 and all regular City Council meetings in 2006. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 4-0 with Mayor Mondy, Councilman Porter, and Councilman Newsom absent. INDIVIDUAL;CONSIDERATION Mayor Pro Tern Hogue announced that Item#1 would be considered last due to the absence of the traffic engineer who compiled the traffic study for this item. Tabled Item Tabled from 9-13-05 for Traffic Study 1. Consider and act upon a Final Plat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Hoisted, City Engineer/C. Thompson,Planning&Zoning Director) Executive Summary This item was tabled by City Council on September 13, 2005 to allow time for the applicant to complete a traffic study in order to confirm the need for additional points of access including the extension of Hensley Drive and the need for a signal on Hooper Road.The Final Plat under consideration is for a Junior High School totaling 41.155 acres.The lot for the school will be 35.55 acres in size and a second lot of 3.7 acres is created by the realignment of Hensley Lane. Public Hearing 2. Hold a Public Hearing and consider and act upon Ordinance No. 2005-51 approving a change in zoning from Business Center (BC) to Business Center with a Specific Use Permit (SUP) for warehouse and distribution uses, being Lot 2, Block C of the Century Way Business Park, at 1307 Century Way. ZC 2005-18 (C. Thompson,Planning and Zoning Director) Mayor Pro Tem Hogue announced that a letter from Autumn Investments, Inc. (applicant), requesting the withdrawal of this item had been received and is part of the public record. Council Action A motion was made by Councilman Young, seconded by Councilman White to accept the withdrawal of Zoning Case #2005-18 by the applicant and take no action on this item. A vote was taken and passed 4-0 with Mayor Mondy, Councilman Newsom, and Councilman Porter absent. Minutes—October 11,2005 Wylie City Council Page 2 Councilman Porter arrived at 6:17 p.m. 3. Consider and act upon Ordinance No. 2005-52 of the City of Wylie, Texas; establishing a policy regarding funding requests received by not-for-profit organizations; providing for the repeal of all ordinances in conflict, providing for a severability clause; and providing for an effective date. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on September 20, 2005, the Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA) and the City House requested financial support from the City of Wylie. After listening to the petitioners, and discussing the issue at length, the City Council approved a motion to develop a policy for donations to not-for-profit organizations before considering any organization request for funds. He explained that this ordinance, which establishes a donation policy for funding requests by not-for-profit organizations including the procedures, eligibility criteria, restrictions on the use of public funds, accountability, application and other information. He further explained that the policy calls for advertising for applications sometime in May through the City Manager's office. Once applications were received, the City Manager would review them for proper qualifications and then schedule a work session or public hearing for Council to make decisions as to what organizations would receive funding. Council Discussion Councilman Young stated that he would like, on behalf of the Council, to thank Mr. Roath for the work involved in compiling the not-for profit ordinance and polices and procedures. He also explained that he would like to see the policy require only 25% of contributions from the City be used by the not-for-profit organization toward salaries rather than the stated 50%. Councilman White concurred. Mayor Pro Tem Hogue asked Council when they would like to see this ordinance take affect; with the 2005-2006 FY Budget year or the 2006-2007 Budget year. He asked that if the choice was to adopt the 2006-2007 Budget year, that the tabled request from CCCAC, CASA and City House be addressed within the time allotted this year because they had requested the contributions prior to this ordinance and policy being adopted. Councilman White asked that if these organizations were given funds this year that they be required to follow the newly adopted policies. City Manager Roath agreed that this could be required. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Ordinance No. 2005-52 of the City of Wylie, Texas establishing a policy regarding funding requests received by not-for-profit organizations, with two corrections to the ordinance/policy, attachment A. (1.) That the policy wording be changed to allow 25% of contributed funds to be used for salaries and (2.) That Section 5 is added to the ordinance to include: This policy will become effective for the 2006-07 budget cycle and beyond. A vote was taken and passed 5-0 with Mayor Mondy and Councilman Newsom absent. 4. Consider and act upon Ordinance No. 2005-53 amending the 2005-2006 Budget to approve an increase in the Crossing Guard Program. (J. Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that parents of children attending Groves Elementary School have expressed a need for a crossing guard at the intersection of Springwell and Riverway. The Wylie Police Department studied the intersection and found that 75-100 children cross the intersection every morning and evening. The vehicle traffic is also extremely heavy.The principal at Groves Elementary has also attested to the need for a crossing guard at this location. Chief Butters asked that Council consider approval of Ordinance No. 2005-53. City Manager Roath explained that sufficient funds were available to pay for this additional staff request from unappropriated general fund monies. Minutes—October 11,2005 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2005-53 amending the 2005-2006 Budget to approve an increase in the Crossing Guard Program by$2,610.00. A vote was taken and passed 5-0 with Mayor Mondy and Councilman Newsom absent. Tabled Item Tabled from 9-13-05 for Traffic Study Council Action A motion was made by Councilman Young to remove Item#1 from the table and consider and act upon the Final Plat for Wylie Junior High School. Consensus of Council was to remove and consider. 1. Consider and act upon a Final Plat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Hoisted, City Engineer/C. Thompson,Planning&Zoning Director) Staff Comments Planning Director Thompson addressed Council stating that this item was tabled by City Council on September 13, 2005 to allow time for the applicant to complete a traffic study in order to confirm the need for additional points of access including the extension of Hensley Drive and the need for a signal on Hooper Road. The Final Plat under consideration is for a Junior High School totaling 41.155 acres.The lot for the school will be 35.55 acres in size and a second lot of 3.7 acres is created by the realignment of Hensley Lane. He explained that the traffic study requested by Council was before you and City Engineer Holsted would address this item.City Engineer Holsted addressed Council stating that before Council was a copy of the study that was performed by Jack Hatchell & Associates. He explained that three items of importance on the study revealed that additional lanes be constructed at Hooper and S.H. 544, a signal warrant is met at Hooper and S.H. 544, and improvements recommended to Hensley Lane may need to be delayed until the second school is constructed. He explained that final approval of the temporary signal at Hooper and S.H. 544 would be by TxDOT and the City would send a request to them for that purpose. Applicant Comments Dr.John Fuller, Superintendent of WISD addressed Council stating that he was present for resource to answer any questions. He explained that the school was being constructed to accommodate the growing population and need for the additional school.He explained that WISD had escrowed$500,000 for the improvement of the connector at Hensley. He asked that the City approve the fmal plat for the Junior High School. Mayor Pro Tern Hogue asked when the need would occur to construct the second school near this site. Dr. Fuller replied that if the population grew at the average rate of 1,000 students per year, as it has the past three years,the additional school would be needed in the Fall of 2006 to open in the Fall of 2007. Engineerine Comments Traffic Engineer Jack Hatchell representing Jack Hatchell and Associates addressed Council; stating that these improvements were needed. He explained that the majority of students would be using Hopper to S.H. 544. He explained that this application would warrant a signal but explained that this type of warrant in the past was more difficult to receive approval for but he felt that because of the school and the traffic on S. H. 544, this warrant would more than likely be approved by TxDOT. He suggested that the buses be directed to S.H. 544,which would allow for better traffic flow. Council Discussion Mayor Pro Tern Hogue asked what the next step would be to assure that the improvements were made prior to the start of school at the new Raymond Cooper Junior High. City Engineer Holsted suggested that the City install a temporary signal like the one installed at 1378/Park Blvd. Once 1378 and Country Club were realigned, the signal could be taken down as it would no longer be needed. Mayor Pro Tern Hogue asked how soon this could be accomplished. City Engineer Holsted Minutes—October 11,2005 Wylie City Council Page 4 replied that this process could be completed before the start of school in 2006. Mayor Pro Tern Hogue asked what the cost would be for these improvements. Mr. Hoisted replied that the turn lanes would be minor and involve a permit through TxDOT.He estimated that the temporary signal would run somewhere between$40,000 and$60,000. Mayor Pro Tem Hogue asked who should bear the cost for these improvements. City Engineer Hoisted stated, that in his opinion, the school should bear the cost of these improvements. Dr. John Fuller addressed Council stating that in other cities he had surveyed, the school districts were not liable for expenses incurred for off-premise impacts. He explained that this impact was an off-site issue and that the connector was north of the school. He stated that WISD had not budgeted for this additional expense. He commented that in the past, WISD had looked at joint projects with TxDOT. He stated that 85% of students attending WISD were from Wylie and that a possible coalition between the City, State and County might be appropriate. City Engineer Hoisted stated that the intention was to complete the 1378 and Hooper connection prior to the school construction, eliminating the need for some of these improvements. Councilman Young asked that staff meet with WISD regarding the cost of these improvements. He suggested looking at the issue of taking funds from the City at$0.695 cents rather than the school tax dollars at $1.50. Councilman Porter stated that he would like to see an agreement made between the City, State, and WISD to share the cost of these improvements. Mayor Pro Tern Hogue stated that this joint meeting and agreement should be done expeditiously so that the improvements could be completed in a timely manner. Councilman Young stated for the record,that direction is given to staff that the traffic recommendations and the cost for same be resolved between WISD,the State,and the City within a 45 day period and that the results be reported back to Council. Council Action A motion was made by Councilman Young, seconded by Councilwoman Allen to approve the Final Plat for Wylie Independent School District. A vote was taken and passed 5-0 with Mayor Mondy and Councilman Newsom absent. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. • City Secretary Carole Ehrlich read the caption to Ordinances #2005-49, #2005-50, #2005-52, and #2005-53 into the official record. ADJOURNMENT With no further business before Council„ Councilman White made a motion to adjourn at 6:50 p.m., seconded by Councilman Porter. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—October 11,2005 Wylie City Council Page 5 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: October 14, 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon a Final Plat for T-Mobile, generally located at the southwest corner of FM 544 and Highway 78. RECOMMENDED ACTION: The Planning and Zoning Commission voted on October 4, 2005, 6—0 to recommend approval. SUMMARY: The Final Plat under consideration will create a 0.014 acre lot for a proposed telecommunications tower and related equipment. The subject property is part of the larger parent property which totals 3.953 acres. The City Council approved a Specific Use Permit (SUP) for this use in July 2004, including special conditions and site plan. The parent property has never been platted into an official lot of record. Access to the platform will be provided initially by a twenty-four feet wide drive within an access easement from F.M. 544/Kirby. The parent property will ultimately be developed as retail and permanent access will be provided with the platting of that future development. (See attached concept plan.) The Final Plat complies with all applicable technical requirements of the City of Wylie. APPROVED BY: Initial Date Department Director: CT \ 10/14/05 City Manager: r`Mg \ i d,0 ds 1 1 ( 5 9 ,3 v IN aaaag (N)SITE COMPOVND11111 ` JW`Je SVBGRADE&GRAVEL • (RE:01 A,02/C-4 (N) 12-0'WIDE �`R ACCESS EASEMENT W/ \ (N)4-0 x B-0 `� zg- CONCRETE SLAB FOR Z3i`-n 9-0'GRAVEL SURFACE ROAD GENERATOR V.t (Re o�/c-4) \ (RE:S-3) / pEB I y;v • z 20-0' (N)T-MOBILE iD'-D' F3 A' z WIDE UTILItt Pi •`' $' EASEMENT Kg se TRENCHING) (N)12-0'WIDE METAL / • DOUBLE SWINGING GATE EOUIPMBI CABINETS S ,'<Z k 3 [ - (N)10'0".15-0 ®� (RACK W/M4RCONIENCLOSURE.METERiIiz#It DISCONNECS kSECURITY LIGHT 0 (N)i-MOBILE 2-0'WIDE _ _ �1 - ii 4 • 6g RAD CENTER _)r `=`i (RE:C11 �� slim Pe O (N)T-MOBILE ANTENNAS 11,14.1.... � ^' 1 G, • MOUNTED IN 36.1 _ 0' E}LQ 1D-D'HIGH CANISTER fE 3- 0 115'-0-RAD CENTER / �•'� 2O _ ,� (N)TXV TRANSFORMER (RE:04/C-4) -240' \_.=--- WRHIN 10'-0'UTILRY fie. EASEMENT BY UTILTtt 6 Cel Y - COMPNAY li 5y//., er/ 7]7] e 10-0-(SETBACK) 'F---O - EXISTING PROPERTY LINE N.fJ ' (N)9D-0 TALL iMONOPOLE W/(3) TOP MOUNTED CANISTERS B OTHERS Y 410:).H2 el 43 HNOTE: ii Ilill REMOVE EXISTING TOPSOIL AND VEGETATION WITH IN COMPOUND AREA.SCARIFY SUBGRADE TO A DEPTH OF 3'-0'0 2 DETAILED SITE PLAN AND RE-COMPACT TO 95N STANDARD PROCTOR DENSITY AT [gt OPTIMUM MOISTURE CONTENT.REPLACE REMOVED TOPSOIL E SCALE.1/`'•a�1_0' AND VEGETATION WRH IN COMPOUND AND COMPACTED SECTION LEVEL WITH ADJOINING GRADE. ® LtYpi( C-2 ) f M Exhibit"B" Zoning Case No. 2005-07 Conditions to the Planned Development Zoning District 404 South Highway 78 General Conditions: 1. The Purpose of this Planned Development (PD) District is to allow for off- premise sigage. 2. This PD District request sliall not affect any regulation found within the Code of Ordinances,unless specifically provided herein. 3. All regulations of the existing Corridor Commercial (CC) District set forth in Section 4.2.B of the Zoning Ordinance (as adopted February 27, 2002) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. The following uses shall be permitted as a function of the PD: a. All uses allowed within the existing CC District; and b. Off-premise signage shall be allowed under the following conditions: i. A single entity(i.e. Baylor Healthcare System) located on Lot 4, as referenced on Exhibit "C", will be allowed to have signage on all or part of a monument sign located on Lot 1. ii. Any business enterprise occupying all or part of Lot 1 will be allowed to have signage on all or part of a monument sign located on Lot 1, Lot 2, or Lot 3 with the condition that said enterprise can only have signage on one (1) monument sign located on either of Lots 1, 2, or 3. iii. Any business enterprise occupying all or part of Lot 2 will be allowed to have signage on all or part of a monument sign located on Lot 1, Lot 2, or Lot 3 with the condition that said enterprise can only have signage on one (1) monument sign located on either of Lots 1, 2, or3. iv. Any business enterprise occupying all or part of Lot 3 will be allowed to have signage on all or part of a monument sign located on Lot 1, Lot 2, or Lot 3 with the condition that said enterprise can only have signage on one (1) monument sign located on either of Lots 1, 2, or 3. Ordinance No.2005-16 Zoning Case 2005-07 - ' FM 544 - - I ' 1 4. .il 1 If 1 !! \_( L) %'.:_' . . .: .' T`1 1 'I;T; 1 1'T , I 1 ; . , • ; f-4-- 1 r 1 " 9r- f '"71 1.10 ACRES 1.33 ACRES I I • 141 ACRES ' , !\\•. 2' I 'I l 7 l i r • • '/,I I i 71 ---I I I y' 'L' i1 t l_� i'T l i l is I H I I ' I i' i , j a,268 SF I 13,300 SF I I ' t 12,525`SF // ` BANK L. .Ot RESIAIAANT , II I 1 30t RESTAURANT- 4]SPACES 6 Wn000 Sr IS]SPACES-6 SF I. I I 01 SITE_PLAN / 1Jr • ' i I . 1 i lo • / J - 1� • —-- I )ET 1 . 2 I,�+ ram- 0•T• .11 ''+f ..r I�-: IS..- I : - 5, OFFICE � OFFICE C = OFFICE OFFICE 6.000 SF { ` 6,000 `.F— m i. I�� I I- _ 6.500 SF 6,000 SF !-- I Is11; 3; `�' �'—;J 4.65 ACRES - ! s / _ __ L I OFFIC C_ 7.3 SPACES-Sitlg00 a* // / I s.000 -5 ' ' /' P pSEp 1 `sF zs •"OFFICE i' ' I _ F 6.000 SF / 1 / b A 1 i T_ ' / ( — ( \, I• _ s ICE ,• % i_{. I 1za 8,000 SF / / _ _t— — �1(Z)I / I: / I 1i= './. I t\ / li ��. I / I `.'N_!I:IT1 h:1AP • O'BRIEN & ASSOCIATES, INC. FM 544 & HWY 78 •SP14 ILIA. ';.;' N•YLIE,TEXAS 6c.,....+ r...e o.�� + ARCHITECTURE • INTERIORS • PLANNING GREENWAY INVESTMENTS ='='-- ---- CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM October 25, 2005 Building Council Meeting Of: Originating Department: Prepared By: Johnny Bray Account Code No. #: Date Prepared: September 26, 2005 Budgeted Amount: N/A Exhibits: Bylaws AGENDA SUBJECT: Review and accept adoption of the Construction Code Board Bylaws approved by the Construction Code Board members on October 6, 2005. RECOMMENDED ACTION: Approve the bylaws. SUMMARY: Ordinance 84-11 established the Construction Code Board for the City of Wylie, and the ordinance is codified in the City Code of Ordinances as Chapter 22, Article II. Although the Board holds meetings "as needed",no formal bylaws have been adopted to clarify routine board actions or procedures such as how to call a meeting, addressing board members absences from scheduled meetings, etc. Attached is a copy of the bylaws that were approved by the Construction Code Board on November 4, 2004. The minutes to the said meeting were approved on October 6, 2005. Accordingly, the board is requesting Council review and accept the by-laws as approved and presented. There are no financial considerations. APPROVED BY: Initial Date Department Director: JB \ 09/26/05 City Manager: A 'i \ fc�-2O-c. 1 CITY OF WYLIE CONSTRUCTION CODE BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 84-11. This body shall be known as the Construction Code Board. ARTICLE II Meetings Section 1. Meetings may be called by the Staff Liaison, the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 2. A majority of the members shall constitute a quorum at all meetings of the Board. Section 3. All questions presented for a vote of the Construction Code Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. Item #C -Attachment- Construction Code Board Bylaws November 4 2004 Accepted by Council 10-11-05 Page 1 of 4 ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson and a Secretary (City Staff member will be serving as Secretary). Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Construction Code Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings (ii) Represent the Construction Code Board at public functions. (iii) Appoint special committees. (iv) Assist Building Inspection staff in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. Item#C -Attachment- Construction Code Board Bylaws November 4 2004 Accepted by Council 10-11-05 Page 2 of 4 (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) The Staff Liaison will be responsible for recording and maintaining the minutes. This "Secretary position" will be occupied by a City Staff member and not be an official Board position. (ii) The Staff Liaison will be responsible for producing the agenda and distributing the agenda and minutes to the Construction Code Board and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Construction Code Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b) Abide by applicable ordinances of the City of Wylie. Item#C -Attachment-Construction Code Board Bylaws November 4 2004 Accepted by Council 10-11-05 Page 3 of 4 ARTICLE VI Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least three days prior to such meeting. Such amendment would then be subject to approval by City Council. Item#C -Attachment- Construction Code Board Bylaws November 4 2004 Accepted by Council 10-11-05 Page 4 of 4 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM HR/Purchasing Council Meeting Of: October 25. 2005 Originating Department: Prepared By: Fagerstrom/Holcomb Account Code No. #: Various Accounts Date Prepared: October 12, 2005 Budgeted Amount: N/A Exhibits: One AGENDA SUBJECT:Consider and act upon renewing the fully employee funded supplemental vision insurance plan to Avesis, our provider since October, 2001. RECOMMENDED ACTION:Staff recommends renewing the contract. SUMMARY: No contract has been required by Avesis since 2001 for this 100% employee paid extra vision insurance. Eight employees wish to continue on the plan. Covered individuals annually receive a $10.00 eye exam and credit on hardware ($70.00 for frames/lenses; $110.00 for contact lenses). Premiums are nominal. The City pays nothing towards this benefit. APPROVED BY: Initial Date Department Director: LF \ 10/13/05 City Manager: \ iv-02d"04- 1 AVESIS VISION PLANS FIDELITY SECURITY LIFE INSURANCE COMPANY Kansas City, Missouri Policy No. VC-16, 22, 23 APPLICATION FOR AVESIS VISION BENEFITS I. EMPLOYER INFORMATION Employer Name: City of Wylie Tax ID# 75-6000719 DBA Name (if other than above): n/a Business Address: 2000 Highway 78 N City Wylie State TX Zip 75098 Mailing Address (if other than above): City State Zip Key Contact Lynn Fagerstrom Title Human Resources Manager Phone Number (972) 442-8146 Fax Number (972) 442-8148 Executive Contact John Mondy, Mayor Phone Number (972) 442-8120 Fax Number (972) 442-8148 Type of Business: ❑. Proprietorship ❑ Corporation I I Partnership ® Other(Specify) Government If any subsidiary or affiliated companies are to be insured or any Employees are working at a location other than the address above, please explain: Separate Billing required? n Yes ® No (if yes, please attach names of classifications, location addresses and contact) ID Cards to be mailed to: ® Cardholder ❑ Employer ❑ Avesis Will this plan replace any existing coverage? Yes ® No If"Yes", indicate name and address of existing insurer Name: Address City State Zip If "Yes", are any Employees on COBRA ❑ Yes n No How Many? continuation?: Effective date of existing coverage / I Termination date of existing coverage (if applicable) I I Number of Full-time Employees 170 Number Applying 8 II. PLAN SELECTION Employer Paid ❑ Voluntary AVESIS Advantage Vision Simple Savings Exam Lenses Frame Contact Lenses Plan n AVESIS Advantage Vision Basic Plan El 12 months, 12 months, 12 months, 12 months ® AVESIS Advantage Vision Enhanced Plan n 12 months, 12 months, 24 months, 12 months ❑ AVESIS Advantage Vision Plus Plan ❑ 12 months, 12 months, 24 months, 24 months ❑ AVESIS Advantage Vision Preferred Plus ❑ 12 months, 24 months, 24 months, 24 months ❑ AVESIS Gold 24 months, 24 months, 24 months, 24 months n AVESIS Silver ❑ months months months months ❑ AVESIS Bronze Co-payment: ( ) Split $ Examination ( ) Combined $ $ Frame/Lenses ( ) Combined $ NO. OF EMPLOYEES RATE TOTAL REMITTANCE Employee Only 2 X $6.42 = $12.84 Employee + 1 3 X $11.24 = $33.72 Employee + Family 3 X $16.70 = $50.10 TOTAL = $96.66 III. PREMIUMS Employee Contribution towards premium? ® Yes ❑ No Employer's Premium Contribution for: Employees: 0% Dependents 0% Are Employee and Dependent premiums being paid through a Section 125 Plan? ® Yes ❑ No Are Employee and Dependent premiums being collected by payroll ® Yes ❑ No deduction? Premium received with application: (Note: Please attach a list of all participants to this application. This list may be a hard copy, diskette or computer tape.) Premiums shall be payable in advance at the rates set forth in the following Schedule of Premiums. IV. ELIGIBILITY PROBATIONARY PERIOD For New Employees: E 30 days n 60 days ❑ 90 days E 180 days ® Other First day of the month following hiring. Probationary Period is waived for present Employees M Yes ❑ No ELIGIBLE CLASS (Choose One): ❑ The Employees eligible for insurance under the Policy shall be all the Full-time Employees of the above named Employer, and each Employee's Dependents. If both husband and wife are Employees, either the husband or wife, but not both, may elect coverage for their Dependents. Eligible Dependents may be added to the Policy on any premium due date. As used here, Full-time Employee means an Employee who is performing all the usual duties of his or her position at the Employer's usual place of business at least or more hours per week. A Part-time Employee is an Employee who does not meet this definition. Dependents may not be included as Eligible Persons unless the Dependent's parent or spouse is covered under the Policy. ® The Employees eligible for insurance under the Policy shall be all the Employees of the above named Employer, and each Employee's Dependents. If both husband and wife are Employees, either the husband or wife, but not both, may elect coverage for their Dependents. Eligible Dependents may be added to the Policy on any premium due date. ❑ The Employees eligible for insurance under the Policy shall be DATE ELIGIBLE 1. Each Employee included in an Eligible Class on the Policyholder's Effective Date will be eligible on that date, provided the Employee has completed any required probationary period shown above. 2. Each Employee included in an Eligible Class on the Policyholder's Effective Date, and who had partially satisfied the required probationary period prior to the Policyholder's Effective Date, will be eligible on the first day of the calendar month coinciding with or next following the date of completion of the probationary period. 3. Each Employee who enters an Eligible Class AFTER the Policyholder's Effective Date will be eligible on the first day of the calendar month coinciding with or next following: a. completion of any required probationary period; or b. the Employee's date of employment, if a probationary period is not required. EMPLOYEE ENROLLMENT 1. Each Employee may request coverage for him or herself and eligible Dependents. 2. The Company reserves the right, based upon Our underwriting procedures, to require that the eligible Employee and/or eligible Dependent of a Policyholder submit an enrollment form and agree to pay any premium contribution, if required, before coverage will become effective for the Employee and/or Dependent. DELAYED ENROLLMENT Each Employee who waives or declines insurance when he or she becomes eligible will not be eligible again until 10/01/2006 If insurance is waived or declined for eligible Dependents, then those Dependents will not become eligible again until 10/01/2006 PARTICIPATION REQUIREMENT The Policyholder is required to maintain the minimum participation requirements of the Company as follows: If part of the premium is derived from funds contributed by the insured Employees, at least 10 Employees must be covered on the Policy's Effective Date. When a contribution is not required by the Employee, then 100% of the eligible Employees must be covered at all times. At least 10 Employees must be covered on the Policy's Effective Date. V. EFFECTIVE DATE It is desired that the policy shall become effective at 12:01 A.M. Standard Time at the Employer's address herein, on the 1st day of November, 2005, provided this application shall have been accepted by the Company. The Policy, if issued, shall be effective for a term of 2 year(s). The Employer hereby makes application to Fidelity Security Life Insurance Company for AVESIS Vision Benefits. The Employer agrees to maintain and furnish any records necessary to administer the plan, and to pay premiums monthly in advance. The Employer certifies that all the information shown on this application and any attachments are correct and complete and understands that the Insurance Company intends to rely on this information in determining whether or not the enrolling Employees may become insured. It is further understood and agreed that NO INSURANCE WILL BECOME EFFECTIVE UNTIL APPROVED BY THE INSURANCE COMPANY; and that no field representative of the Insurance Company has the authority to modify any conditions of application or policies by making any promise or representation. It is understood that the insurance as to any Employee will NOT become effective on the date insurance should otherwise become effective if he is not at work on such date performing all duties of his occupation and otherwise meets the requirements of the Insurance Company. Dated at this day of , 20 Signed for the Employer:7 Title: Mayor WRITING BROKER'S CERTIFYING STATEMENT I certify that I have accurately recorded on this application the information supplied by the proposed policyholder(s). Firm Name: Broker Name (print): Broker No. Address City State Zip Commission Checks Payable To: ❑ Firm Name Tax I.D.# Commission Checks Payable To: ❑ Broker Name Social - - Security Broker Signature? Phone ( ) _ This application signed day of 20 2/03 8/27/2005 11:53 AM FROM: Fax TO: 972 4428105 PAGE: 004 OF 007 Advanta'e Enhanced Schedule of Benefits J,-.E .CRK Exam Covered in fur Reimbursed up to$40.00 Every 12 Months Spectacle Lenses Standard Single Vision Covered in fug' Reimbursed up to$25.00 Standard Bifocal Covered in fur Reimbursed up to$40.00 Standard Trifocal Covered in fug' Reimbresed up to$50.00 Every 12 Months Standard Lenticular Covered in fug' Reimbursed up to$80.00 Progressive 20%off U&C, Reimbursed up to$40.00 minus$50 allowance Lens Options Preferred Pricing(20%off retail) Reimbursed up to$0.00 Unlimited Frames $35 wholesale allowance Reimbursed up to$45.00 Every 24 Months (approx.retai of$75-$100) Contact Lenses Elective $110 Allowance Reimbursed up to$110.00 Every 12 Months Medical Necessary Covered in hit M Reimbursed up to$250.00 Exam co-pay ($10.00 $10.00 $10.00 $10.00 Materiels co-pay $0.00 $10.00 $15.00 $20.00 Employer Paid Coverage for Employees and Dependants - Employee Only $4.86 $4.58 $4.44 $4.30 -• Employee+One $8.50 $8.01 $7.77 $7.53 EmpMyee+ 1.90 $11.54 S11.19 oiuMary Coverage for Employees and Dependants Employee Only $6.42 $6.06 $5.69 $5.69 Epee+One $1124 $10 60 $10.28 $9.96 Employee+Family $16.70 S15.74 $1527 $14.79 We invite you to visit avesis.com. can search our provider directory,request a proposal or become a registered broker with u . Employer Paid Groups • Mninum group size&participation olive(5)MO*employees.Groups with fewer Manton(10)eigtte employees will be required to maintain eligibility and receive a monthly bit via Avesis'On-line Efiling&Eligthity Maintenance Program. • Rates assume 100%participation by aft eipthle employees or medical program enroenent. • Policy and rates guaranteed for two(2)yens Voluntary Groups • Minimum group size&participation of ten(10)eligthle employees • Employees enrolling in the group voluntary Men must agree to remain enrolled during the designated plan period. - • Employees who elect not to enroll during the initial plan enrolment period must wait until the next.plan enoamert period to enroll • Policy and rates guaranteed for two(2)years CITY OF WYLIE Item No. 1 Crty Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: October 14, 2005 Budgeted Amount: Exhibits: Four AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-54 amending the FY2005/2006 Annual Budget, Ordinance No. 2005-41, and approving an appropriation of monies for Court Appointed Special Advocates, Collin County Children's Advocacy Center and City House; providing for Repealing, Savings and Severability Clauses; and providing for an Effective date. RECOMMENDED ACTION: SUMMARY: BACKGROUND: In a letter to the City, Mr. David E. Dorman, Mayor of the City of Melissa, requested donations to the following not-for-profit organizations: Court Appointed Special Advocates, Collin County Children's Advocacy Center and CITY House. (see attached letter dated September 16, 2005) On September 20, 2005, the City Council entertained an appropriation ordinance to amend the FY 2004/2005 Annual Budget, and then directed the City Manager to develop a donation policy for not-for-profit organizations. In addition, the Council directed that an agenda item for the allocation of funds to these organizations be returned to the City within 30 days. On October 11,2005,the City Manager proffered a policy regarding funding requests by not-for- profit organizations, which was adopted by the Council with minor revisions. (see Attached Ordinance No. 2005- 52) OTHER CITIES CONTRIBUTIONS: Ms. Brandy Brooks, in the City Manager's Office, contacted a number of cities as well as the county to determine their status in contributing to these organizations. CITY FUNDING LEVEL: In Memorandum No. #05-93, dated October 1, 2005, I recommend that the City Council allocate to not-for-profit organizations by a per capita ($1.00) based on the general city population. Accordingly, the North Texas Council of Governments Research and Information Services estimate the City's current population at 29,800. APPROVED BY: Initial Date Department Director: \ City Manager: l'4K' \ /6-t.16-O AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-54 amending the FY2005/2006 Annual Budget, Ordinance No. 2005-41, and approving an appropriation of monies for Court Appointed Special Advocates, Collin County Children's Advocacy Center and City House; providing for Repealing, Savings and Severability Clauses; and providing for an Effective date. SUMMARY: (Continued) ACTION: Assuming the City Council desires to allocate funds for these organizations, then the City will need to [1] determine an amount to be given to each organization; [2] adopt the attached Ordinance amending the FY 2005/2006 Annual Budget to reflect the amount given to these organizations; and [3] approve a legal contract that addresses the public purpose for the donation(s) and sufficient accountability to require compliance by each of these not-for-profit organizations. Note: If Council approves this Ordinance, then the City Attorney's Office will prepare a contract for each of these organizations, which will be placed on the Consent Agenda of the next Regular City Council Meeting for adoption. 7 ORDINANCE NO. 2005-54 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (FY 2005-2006 ANNUAL BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS FOR COURT APPOINTED SPECIAL ADVOCATES, COLLIN COUNTY CHILDREN'S ADVOCACY CENTER AND CITY HOUSE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the FY 2005-2006 Annual Budget adopted by Ordinance No. 2005-41 for the purpose of providing for an appropriation for, among other things, assistance, support and/or services to benefit abused and neglected children and displaced individuals of Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed as a result of the increased volume of abused and neglected children and displaced individuals in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that such appropriations support and further a public purpose; and WHEREAS, the City Council has further investigated and determined that these appropriations will benefit the Court Appointed Special Advocates ("CASA"), the Collin County Children's Advocacy Center ("CCCAC") and CITY House, each of which provide, among other things, assistance, support and/or services to the abused and neglected children and displaced individuals of Wylie and Collin County; and WHEREAS, the City Council will, among other things and in accordance with applicable law, enter into a contract with each of these entities for the purpose of, among other things, declaring the public purpose for the use of the funds and setting forth the terms which will provide Wylie with sufficient control over the performance of the contract to insure that, among other things, the public purpose for which the funds are being appropriated is carried out for the benefit of Wylie and its residents; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the FY 2005-2006 Annual Budget adopted by Ordinance No. 2005-41 for the purpose of providing for an appropriation for, among other things, assistance, support and/or services to benefit 1 Ordinance No. 2005-54 Not For Profit Donations abused and neglected children and displaced individuals of Wylie and Collin County 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: Amendment to Ordinance No. 2005-41 (FY 2005-2006 Annual Budget). Ordinance No. 2005-41 (FY 2005-2006 Annual Budget) is hereby amended to allow for the following appropriations: Not-For-Profit Organization Amount Court Appointed Special Advocates $ Collin County Children's Advocacy Center $ CITY House $ SECTION 3: The City shall, in contracting with each not-for-profit organization listed in Section 2 above, incorporate into said document the eligibility criteria; restrictions on the use of public funds and accountability provisions that are a part of Attachment "A" of Ordinance No. 2005-52 entitled "A Policy Regarding Funding Requests Received By Not-for-Profit Organizations." SECTION 4: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage. 2 Ordinance No. 2005-54 Not For Profit Donations DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date to be published in The Wylie News November 2, 2005 3 Ordinance No. 2005-54 Not For Profit Donations 4 . fr() Ni MAYOR DAVID E.DORMAN CITY OF MELISSA,TEXAS September 16,2005 Mayor John Mondy And City Council City of Wylie,Texas 2000 Highway 78 North Wylie,TX 75098 RE: Increased Support of CASA;CCCAC and CITY House Dear Mayor and Council: This program consists of supporting,initially,three entities,CASA(Court Appointed Special Advocates); CCCAC(Collin County Children's Advocacy Center)and CITY House, for a total of$.50. Their budgets consist of$2,000,000 for CCCAC;CASA-$500,000 and CITY House- $500,000. We have earmarked,based upon these budgets,$.25 for CCCAC; $.125 for CASA and$.125 for CITY House. However,at the discretion of your council,you may increase portions of your commitment to these three entities above the amounts described. The City of Melissa will be contributing$.35 for CCCAC, $.125 for CASA and$.125 for CITY House with the balance proportioned out to various non profit entities within our county. The balance of the $1.00 per resident would be decided by the Council of other nonprofits that serve the public needs,such as The Samaritan Inn,Meals on Wheels,The Food Pantry,The Women's Shelter,etc. The City of Plano has already opted in for$2.00 per resident,the City of McKinney-$1.00,the City of Melissa-$1.00,and the City of Lowry Crossing-$1.00. I do know that the Cities of Frisco and Allen have it on their agendas for$1.00 per resident. We,as municipalities,must take the lead to ensure that our obligations to these venues are funded in part from our budgets. Our goal is to petition the County to do likewise on a 2 to 1,county to municipality funding. When we spend million of dollars on animal control, should we not be spending likewise on abused and neglected children and displaced individuals? I urge your support in joining with the other cities that have already opted into this program. Sincerely, David E.Dorman Mayor,City of Melissa Survey of Cities for Possible Donation to CCCAC/CASA/CITYHouse Advocacy City Center CASA CITYHouse Comments Frisco Agenda Item submitted to City Council; however, no action has been taken as of this date. McKinney City has decided not to allocate funds in FY 2005/06 for the purpose of not-for-profit organizational support. Allen Mayor distributed information but City Council has not acted on it. Mayor has proposed that the City donate $0.50 per capita for these Lowry Crossing organizations; however, the City Council has not acted on the proposal as yet. City Council allocated $2.00 per capita or $498,676 to support 25 not- Plano $15,066 $10,693 $26,250 for-profit organizations. These organizations received 10.43% of the funds appropriated for not-for-profit organizations. Mayor has proposed that the City donate $0.60 per capita for these Melissa organizations; however, the Council has acted on the proposal as yet. Richardson Richardson's position is not to donate to not-for profits organizations. BB 10-14-2005 ORDINANCE NO. 2005-52 AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS ESTABLISHING A POLICY REGARDING FUNDING REQUESTS RECEIVED BY NOT-FOR-PROFIT ORGAN-IZATIONS; PROVID- ING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas annually receives requests for donations of public funds for various purposes; and WHEREAS, these requests for donations of public funds have impacts on the fiscal stability of the City of Wylie; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides public funds in a fiscally responsible manner to appropriate, qualified not-for-profit organizations providing services to the citizens of the City; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides guidance to not-for-profit organizations on the procedures for requesting donations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the City Council hereby adopts a policy as it relates to funding requests from not-for-profit organizations as detailed in Attachment"A". 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. Should any paragraph, sentence, subdivision, clause, phase 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 whole. Section 4. 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 5. This policy will become effective for the 2006-07 budget cycle and beyond. Ordinance#2005-52 Not for Profit Contribution Policy 1 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 11th day of October, 2005. —6) ```ee�E . bgkip,Mit di ProTempore ATTEST: Ed JL1 E. ja Carole Ehrli City Secretary Y•.......E °•'P5 ``` Date of publication in The Wylie News—October 19.2005 Ordinance No. 2005-52 Not for Profit Donations Policy 2 Attachment "A" The City of Wylie Policy on Requests for the Donation of Public Funds In Support of Not-For-Profit Organizations Purpose: The City of Wylie is committed to providing financial assistance to not-for-profit organizations that provide assistance to its citizens. In funding not-for-profit organizations, the City of Wylie will: 1. Encourage the not-for-profit organizations to provide services that meet specific needs of Wylie citizens. 2. Provide "last resort" capital or operating budget support to not-for-profit organizations. 3. Supplement (not supplant) funding from other sources available to not- for-profit organizations. 4. Provide limited funds to encourage the not-for-profit organizations to seek alternative resources of funds, donated materials and volunteer labor. 5. Relate specifically to measurable levels of service provided to City citizens. 6. Promote accountability through reporting of services provided. Procedures: The presentation and consideration of requests for expenditures of public funds by the City Council in support of not-for-profit organizations will be evaluated based on the following guidelines and criteria: 1. Requests for the donation of public funds to not-for-profit organizations must be submitted to the Wylie City Manager's Office on or before May 1 , of each year for consideration in the operating budget process. 2. An emergency request may be submitted at anytime provided: a. The request was not reasonably foreseeable on or before May 1, budget process deadline, or b. The essential function of the requesting not-for-profit organization would be irreparably harmed if delayed to the next budget process cycle. 3. Organizations requesting the donation of public funds from the City of Wylie are required to complete the City's Request Form (Exhibit "A"). Ordinance#2005-52 Not for Profit Contribution Policy 3 4. Each not-for-profit organization's application for funds will be screened by the City Manager's Office to ensure the guidelines and criteria are met. 5. Presentations of qualified applicant requests will be made at a City Council meeting appropriate to the operating budget process, to include a Public Hearing. 6. Not-for-profit organizations whose requests do not meet the guidelines and criteria of this policy will be so notified and if appropriate, invited to resubmit the request for the next budget cycle. 7. City Council donations to not-for-profit organizations will be based on the benefit to the public and the priorities of community outcomes. Eligibility Criteria: At a minimum, the not-for-profit organizations will meet the following qualifying criteria to receive public funds: 1. The organization will be a non-profit, tax exempt 501(c) (3) corporation, in good standing with the State of Texas, and must have an active Board of Directors in compliance with IRS Section 501 (c) (3). 2. The organization will have been operating successfully for at least two years prior to the application deadline. 3. The organization will have sufficient funding support to meet ongoing operating costs and obligations. 4. The organization is not currently receiving other funding from the City of Wylie. 5. If previously funded by the City of Wylie, the organization must have successfully fulfilled all prior contractual obligations, or explain reasons for non-compliance. 6. Services and programs are need-based, nondiscriminatory, and provided to the citizens of the City of Wylie. 7. Services and programs are provided through means that are more cost effective than the City government could provide. 8. Services and programs supplement or extend the services and programs by the City. 9. Services and programs are able to fill gaps that may exist between those of the City and the needs of the community. 10. The organizations are able to verify their not-for-profit status and submit detailed financial documents for review by City staff, including, but not limited to: a. Federal tax identification number; b. Copy of 501(c)(3) nonprofit status certification letter; and c. Certificate of liability insurance. Ordinance 42005-52 Not for Profit Contribution Policy 4 Restrictions on the Use of Public Funds: The City of Wylie will not fund the following: 1. No more than 25% of the public funds request may be for salaries; however, under unusual circumstances, exceptions may be approved by the City Council. 2. Social functions, parties, receptions, fund-raising benefits, refreshments, or beverages. 3. Licensing fees of any kind. 4. Underwriting, investments, stocks, bonds, or any financial obligation. 5. Interest and/or depreciation on loans, fines, penalties, or costs of litigation. Accountability: Not-for-profit organizations requesting donations of public funds will adhere to general accounting principles as set by law. Continued compliance with these standards is a criterion for possible future donations. These standards include, but are not limited to: 1. Submission of a current list of the organization's Board of Directors, officers, and staff. 2. Submission of the organizations bylaws and mission statement. 3. Submission of the most recent audited financial statement and/or detailed budget as part of the application process. 4. Submission of end-of-year financial report to the City after the donation is granted. Ordinance#2005-52 Not for Profit Contribution Policy 5 REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8121 Fax: 972-442-4302 Deadline: May 1, Name of Organization: Address of Organization: Telephone of Organization: Name(s) of Contact Person: Federal Tax ID: Requested Donation Amount: List of Attachments: Copy of 501 (c) (3) Nonprofit Status Certification Letter. Certificate of Liability Insurance. Copy of Organization Bylaws and Mission Statement. Current List of Board of Directors, Officers, and Staff. Copy of the most recent Audited Financial Statement and/or Budget Ordinance#2005-52 Not for Profit Contribution Policy 6 Briefly describe the purpose, programs, and accomplishments of the organization: How is the organization governed and managed? What is the geographic service area of the organization? If the organization serves outside the City of Wylie, please indicate the number or percentage of Wylie citizens served: Has the organization previously applied for a donation of public funds from the City of Wylie? Yes No If "Yes" briefly describe the details and outcome of the request: What is the intended use of the requested donation of public funds? Ordinance#2005-52 Not for Profit Contribution Policy 7 What benefit to the citizens of Wylie (educational, economic, health, etc.) will result from the requested donation of public funds? Explain how the organization will evaluate the results of the use of this donation of public funds: The undersigned do hereby attest that the above information is true and correct to the best of our knowledge. Signature Signature Print Name Print Name Title Title Date Date Ordinance#2005-52 Not for Profit Contribution Policy 8 CITY OF WYLIE Item No. 2 no;Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: October 14, 2005 Budgeted Amount: Exhibits: Two AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-55 establishing and appointing the City Council Subcommittee for WISD Relations; prescribing the purpose, composition, function, duties, and tenure of each subcommittee member; and providing for an effective date hereof. RECOMMENDED ACTION: SUMMARY: The WISD Board has formed an advisory standing committee called City/School Partnerships, consisting of three (3) Board members: Susan Shuler (Chairperson), Ronni Fetzer and Henry Garland. This Committee is focused on discussing existing and new partnerships between the District and cities within its area. Dr. John Fuller is the School District's facilitator to this Committee. Dr. Fuller has asked the City (City Council) to designate a representative(s) to meet with this Committee for the stated purpose. Assuming the City Council desires that the City meet with this Committee, then the Council has several options for representation: [1] The Council could establish and appoint a subcommittee of its members to meet with this Committee? The Charter for the City of Wylie, Article VIII, Section 1. A. gives the Council authority to "create, establish or appoint as may be required by the laws of the State of Texas or this Charter, such boards, commissions, and committees as it deems necessary to carry out the functions, and obligations of the city." (Emphasis Added) And in Section 2. E. of that same Article, it spells out the mechanism for creating a Council subcommittee—that is, by ordinance that sets forth the purpose, composition, functions, duties, accountability and tenure of the subcommittee. [2] In the alternative, the Council could appoint a single representative to meet with this Committee. APPROVED BY: Initial Date Department Director: \ City Manager: PDX' \ /a -t.26az4 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-55 establishing and appointing the City Council Subcommittee for WISD Relations; prescribing the purpose, composition, function, duties, and tenure of each subcommittee member; and providing for an effective date hereof. SUMMARY: (Continued) An Ordinance establishing a Council subcommittee is attached hereto. Note: According to the City Attorney's Office a Council subcommittee is subject to the Texas Open Meetings Act, (See Ms. Julie Fort's letter dated October 12, 2005) In the alternative, should the Council desire to appoint a single member to meet with this Committee, I have taken the liberty of preparing a second agenda item for that appointment. (See Agenda Item#3). Thus, if the Council decides to form a subcommittee, then that item can be tabled indefinitely. 7 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ('WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. 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: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3) weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: 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 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Date to be published in The Wylie News— November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations 10/13/2005 13:20 FAX 2145444040 ABERNATHY ROEDER ET AL iJUU1/uu9 ABERNATHY ROEDER BoYD JOPLIN • P• • Metro 214.544.4000•Fax 2114.544.4040 1700 Redbud Blvd.,Suite 300 P.O.Box 1210•MclGnney,TX 75069-1210 ATTORNEYS AT LAW TO: Mark B.Roatb TELEFAX NO.: 972-442-43O FIRM: City of Wylie TELEPHONE NO.: 972,-44243 E21 FROM: Julie Y.Fort TOTAL PAGES: (Including This Cover Page) RE: Legal Opinion re:Subcommittee of City Council Members formed for Pu:looses of Meeting with Similar Wylie ISD subcommittee ADDITIONAL MESSAGE: NOTICE: The following material is intended only for the use of the individual or entity to which it is atdi:essed. it may contain information that is privileged,confidential and exempt from disclosure under app licable law. If you are not the intended recipient,you should not read or otherwise review this mato:.a 1. Any use, dissemination or copying of this material is strictly prohibited. If you have rece iv-d this communication in error,please notify us immediately by telephone and return this original:r essage to us at the above address via the U.S.Postal Service. Thank you. TRANSMITTED: Date: Oct 13,2005 Operator: Kathy Client Account No.:940272.0202 10/13/2005 13:21 FAX 2145444040 ABERNATHY ROEDER ET AL 4 002/009 ABERNATHY ROEDERp BoYD TO 1 1 T T 1�1 • 1700 Redbud Boulevard.Suite 300•P.O.Box 1210-McKinney.Texas 76070-1210 •—_ t/11� l� Metro 214,544.4000•Fax 214.544,4040 ATTORNEYS AT LAW ULIE Y.FORT jfwu5abanathy4aw.com uer�r 1:)Ist 214a44.4039 October 13, 2005 ATTORNEY-CLIENT PRIVILEGE Mr. Mark B.Roath, City Manager City of Wylie 2000 Highway 78N Wylie,Texas 75098 RE; Subcommittee of City Council Members formed for Purposes of Meetin g with Similar Wylie Independent School District("WISD") Subcommittee Dear Mr.Roath: WISD has indicated that it has created a subcommittee consisting of three out of seven Board of Trustee members for purposes of working on city/school partnerships. The Superintend t nt of WISD is the Administrative Facilitator for its subcommittee. You have asked whether t1 ie. City Council of the City of Wylie("City Council")may form a subcommittee of its membership a o meet with the WISD subcommittee for purposes of discussing partnerships between the City and WISD. If a subcommittee can be formed,you have also asked whether it would be required to comply with the Texas Open Meetings Act(the"Act"). In many circumstances, subcommittees of the City Council are subject to the Act. A governmental body that has authority to supervise or control public business or policy falls within the scope of the Act. Therefore,a subcommittee appointed by the City Council,but contain::ig less than a quorum of the members of the City Council can be subject to the Act because it supervises or controls public business or policy or because it is a subcommittee of the governmental body. The email from Dr.Fuller indicates that the WISD subcommittee will not have the authority to m,3l,:e any final decisions, but will only make recommendations to the full Board of Trustees of WPM/ I presume a subcommittee of the City Council would be structured in the same manner. Hcr,r'ever, simply declaring that the subcommittee of the City Council will simply be advisory to the full City Council, may not be enough to exempt the subcommittee from the Acts provisions. Thi.; Texas Attorney General recognizes a danger of a governmental body becoming"rubber stamp"o i one of 427887.1 10/13/2005 13:21 FAX 2145444040 ABERNATHY ROEDER ET AL a 003/009 Mr.Mark B.Roath,City Manager October 12,2005 Page 2 its subcommittees. For example, the Attorney General has found that when two members of a governmental body were on a subcommittee with seven other individuals,there was less like'ahood that the governmental body will become a rubber-stamp of the subcommittee because there were seven other individuals whose viewpoints were likely to be considered in addition to the two members of the governmental body that were on the subcommittee. On the other hand,whcii the Mayor of Dallas appointed five council members,out of a full council of fifteen,to a subcomn ri:ttee, the Attorney General found that the subcommittee was subject to the Open Meetings Act because only two more votes of the remaining nine council members would be needed to approve a d:s:.l cut by the subcommittee. If asked,the Texas Attorney General would probably determine that a subcommittee a the City Council consisting of three out of seven members is at risk for having its recommemlations rubber-stamped since only one additional vote of the full City Council would be needed to approve a recommendation supported by the full subcommittee. Therefore,it is our recommendation that the subcommittee comply with the requirements of the Act. Please do not hesitate to contact us should you have any additional questions. I am ati aching a copy of Attorney General Opinion No. JC-0060 which provides a summary of the r„li,vant Attorney General opinions dealing with this issue. Very truly yours, _ . $34._ Ju ie Y.Fort JYF/kb Enclosure 427887.1 10/13/2005 13:21 FAX 2145444040 ABERNAT1 '.ROEDER ET AL 4004/009 OFFICE OF THE ATTORNEY GENERAL • STATE OR TEXAS * JOIiN CORNYN June 2, 1999 The Honorable Jack Skeen,Jr. Opinion No. JC-0060 Smith County Criminal District Attorney Smith County Courthouse Re: Whether a committee appointed I::r a Tyler,Texas 75702 commissioners court to recommend the selection of an architect is subject to the Open Meal ngs Act (RQ-0063) Dear Mr.Skeen: You have requested our opinion as to whether a committee appointed by a commissi criers court to recommend the selection of an architect is subject to the Open Meetings Act. Und:r the circumstances you describe, we conclude that it is. Section 2254.003 of the Government Code provides,in relevant part: (a) A governmental entity may not select a provider of -professional services or a group or association of providers or award a contract for the services on the basis of competitive bids submitted for the contract or for the services,but shall make the selection and award: (1) on the basis of demonstrated competence and qualifications to perform the services;and (2) for a fair and reasonable price. TEX,Gov'T CODE ANN.§2254.003(Vernon 1999). You indicate that,pursuant to section 2254.003,the Commissioners Court of Smith C(*linty appointed an"Evaluation Committee"composed of the county judge,one commissioner,the c.c:'unty auditor,the county purchasing agent,the county engineer,the county director of maintenan:e,and three members of a citizens' task force. The function of the Committee is to receive written information from interested architectural firms,"evaluate written documents,listen to presentations, research previous work history and then rank them as to the most qualified. The recommml ation presented to the[commissioners] court. . .is not in any form binding(on]the court" Lena.from Nancy F. Braswell, Smith County Auditor, to Honorable John Cornyn, Attorney Ge:-.c:.ial 2 (May 4, 1999)(on file with Opinion Committee)[hereinafter Braswell letter of 5/4/991, After the 10/13/2005 13:21 FAX 2145444040 ABERNATHY ROEDER ET AL 4 005/009 The Honorable Jack Skeen,Jr. - Page 2 (JC-0060) court has"determined the'most qualified,'then the same committee would begin negotiations with that firm,and then the negotiated price(will)be considered by Ethel commissioners court."Id. You ask whether the presence of the county judge and one commissioner on the Evaluation Commi1t e violates any open meeting requirement. The Open Meetings Act,chapter 551 of the Government Code,defines"governmental be 1i y" to include,on the state level,"a board,commission,department,committee,or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members,"TEx. GOV'T CODE ANN. § 551.001(3XA) (Vernon 1994), and on the local level,"a county commissioners court in the state,"id. § 551.001(3)(B), as well as"a delibew':ive body that has rulemalcing or quasi-judicial power and that is classified as a department,agenc.,,or political subdivision of a county or municipality," id. § 551.001(3)(D). The Act further del QL "meeting"as"a_deliberation between a quorum s*liv *"" 'tal body.or.between a .:Gf a„ governmental body and another nen, ia-which public business or public policy over w;f lj h the governmental body has supervision or control is discussed or considered or during whici;i the governmental body takes formal action.' Id. §551.001(4). Because the Act defines a meetii ig to involve discussion,consideration,or final action on public business or public policy over which i he governmental body has supervision or control, a governmental body must have the authgnly,„20 supervise or control public businessoroolicv p order to fall with t+e Act' eeone. See Gulf iteK'1 Educ.Television Affiliates v.University of Houston,746 S.W.2d 803,809(Tex.App.—Houston[:I 4th Dist,)1988,writ denied). See also Tex.Att'y Gen.Op.No_JM-331(1985)(citizens advisory lia.nel to state agency with no power to supervise or control public business not subject to Open Mee:irsgs Act); Tex, Att'y Gen. LO-93-064 (public university's student fee advisory committee that trade recommendations for consideration by board of regents not subject to Act), There are five members of the commissioners court in Smith County—four commissioners and the county judge. The Evaluation Committee thus consists of'less than a quorum of the commissioners court. An entity appointed by a governmental body but cont_ni�t g, 1Itsn_L quorum of members of aternmenta y may a subject to the Open Meetings Act, rather because it falls within a cfit 'lion of "governmental body" or as a su ecommitter i s governmental body. In Attorney General Opinion JC-0053 (1999),we recently said that a pi is;ing committee appointed by the Board of Directors of the Texas Public Finance Authority to act Cry the board's behalf in negotiating a bond sale and executing a bond purchase contract is a state level "governmental body"within the meaning of section 551.001(3)(A),subject to the Open Mer::ings Act. And in Letter Opinion No_97-058,this office concluded that a committee of the Texas Fun:cal Commission consisting of two Commission members and other individuals and that was delegated authority to investigate complaints and supervise investigations exercised and controlled public business and was itself a governmental body for purposes of that provision. Tex.Att'y Gen. LO-97-058,at 5. On a few occasions,we have concluded that a subcommittee is subject to tt:G,Act exclusively on the basis of its membership. In Attorney General Opinion H-238 (197'Ij, or example,the attorney general said that standing committees of the Harris County Hospital Di strict, each composed of three but less than a quorum of the District's board of managers,were subj INS to 10/13/2005 13:21 FAX 2145444040 _ ABERNATHY ROEDER ET AL L 006/009 The Honorable Jack Skeen,Jr. - Page 3 (Jc-0060) the Open Meetings Act. See also Tex.Att'y Gen,Op.No.JM-1072(1989)(subcommittees ofboard of trustees of independent school distric Act , -� But not every body that includes less than a q ruinif a.govennnental body is subject try,he Act.. In AttorneyOpinion H-994, the attorney general found that a fifteen-meii per "Committee to Study the Selection Process of Chief Administrative Officers of the Component Institutions of The University of Texas System" was not subject to the Act, even thou,E;)! it was appointed by the Chairman of the Board of Regents and itself contained three regents. Tex. Att'y Gen. Op. No. H-994 (1977) at 3. The "presence of three Regents on the fifteen-member committee" was insufficient to "bring it within the provisions of the Open Meetings Act as a committee of the Board." Id.at 2. Despite the recognized danger that a"board might become the rubber stamp of its committees...this danger is diminished in the present case by the appointment of twelve other members who might represent different viewpoints within the university sysi;tin." Id. The committee's purpose,according to its enabling resolution,was"to make an extensive„t idy of the selection process and submit its reconunendations to the Board of Regents." Id. The opinion concluded that"[tlhis resolution appears.to make the Committee an advisory body only,without power to supervise or control public business." Id. Because of"the absence of facts showin i,-hat r:its the Committee is more than an advisory body," the attorney general was unable to "say th meetings are required to be open by the Open Meetings Act" Id. The Evaluation Committee,which contains less than a quorum of the commissioners':c ur""‘ is not itself a"commissioners court"for purposes of section 551.001(3)(B)of the statute. Ncrr is it obvious that it may properly be classified as "a deliberative body that has rulemaking or ouasi- judicial power and that is classified as a department,agency,or political subdivision of a county" within the meaning of section 551.001(3)(D). Thus we consider whether the Evaluation Corm.n'flee is subject to the Open Meetings Act based on its membership,which includes two members ifi they commissioners court. . In our view,the initial work of the Evaluation Committee falls within the ambit of Anoiney General Opinion H-994, The Evaluation Committee's mission is to perform evaluations of architectural firm applicants and submit a recommendation in the form of a ranking of the firsts to the commissioners court. As you indicate,the Committee's recommendation is not binding in an way on the court. Even though two members of the commissioners court are members cri'the Committee, the presence of seven other individuals attests to the likelihood that other viewpoints will be considered, lrrthese circumstances,the commissioners court is less likely to"rubber-stamp" the Committee's choice. On the contrary,youindicate that,even if the Committee ranked on::firm in last place,the court could neverthelessawardthat fins the contract. The Committee's initial work thus appears to be that of an advisory body only, without power to supervise or control public business. The negotiation process,however,which begins after the commissioners court has selected the"most qualified"firm,raises different concerns. In Finlan v. City of Dallas,888 F.Su i 779 (N.D. Tex. 1995), city taxpayers and residents sought an injunction against an "A:1 Hoc 10/13/2005 13:22 FAX 2145444040 ABERNATHY ROEDER ET AL 4 007/009 The Honorable lack Skeen,Jr. - Page 4 (.fc-0060) Committee—Downtown Sports Development Project,"appointed by the Mayor of Dallas for die purpose of conducting negotiations with the owners of professional basketball and hockey teams regarding their proposed move from a city-owned!arena. The committee was composed )f five council members;less than a quorum of the full council of fifteen. As the court found,the group comprised "an official committee appointed byithe Mayor for the purpose of negotiating belied closed doors with third parties, involving!millions of dollars of taxpayer money with no pub:is input. . . _" Id. at 785 (footnote omitted). Even though the committee was required by the city charter and council rules to comply with the Open Meetings Act,it was necessarily subject tc.the Open Meetings Act's requirements under:"a fair reading of the[Act] itself in light of the stro ig public policy considerations for which the law was created." Id. The court noted that the composition of the committee weighted the work in favor of whatever recommendation it rends red: "With the five members of the Committee in!favor of a new arena, as well as the Mayor who appointed them,only two more votes are needed from the remaining nine City Council members to go along with whatever deal the Committee] cuts." Id. at 785-86. The court-even found "circumstantial evidence that the Committee was designed to circumvent the[Act)." Id.at 71:El. Likewise, in the situation you pose, the Evaluation Committee is appointed by the commissioners court to conduct negotiations with private parties regarding the expenditure of prrb lie funds. Unlike the ranking of architectural firms in the initial stage of the process,from which ..he commissioners court is at liberty to select the firm that the Evaluation Committee ranked in last place,the result of the negotiating process leaves no room for the commissioners'input: the c:ourt must either adopt or reject the contract negotiated by the Evaluation Committee. If the county j r.dge and the commissioner who serve on the Committee agree on the terms negotiated,only one more vote would be needed from the remaining commissioners to adopt-the privately-negotiated tmos. These circumstances,we believe,render the Committee's work more than advisory and suggest that the commissioners court is more likely to act as a rubber-stamp. The information you have supplied indicates that"[lit would be difficult or impossibly,for the commissioners court to negotiate fees'in open court." See Braswell letter of 5/4/99 supra,at 2. Although,contrary to the court in Finlan we have no reason to believe that the appointment(lithe Evaluation Committee"was designed to circumvent the Act,"neither this office nor any Texas c:ciurt has recognized that the"difficulty"or"impossibility"of conducting business in public is a valid reason for exempting a governmental body from the command of the Open Meetings Act. Tu the contrary,the provisions of the Act are to;be liberally construed in favor of open government. See Cox Enterprises,Inc. v. Board of Trustees,Austin Indep. Sch. Dist_, 706 S.W.2d 956,960 (Tex_ 1986);Acker v_ Texas Water Comm'a, 790 S.W.2d 299,300(Tex. 1990). Although we have in our analysis considered;the two distinct tasks of the Committee, dire,do not believe that the Committee's work can be effectively bifurcated for purposes of its compli once with the Open Meetings Act. It would be anomalous to conclude that an identical gro up of individuals, created by the same appointing power to perform two distinct tasks that nevertheless form a coherent whole, is a"governmental body"at one moment but not the next. If one of its functions renders it a"governmental body"for purposes of the Open Meetings Act, it must be so 10/13/2005 13:22 FAX 2145444040 ABERNATHY ROEDER ET AL 10 008/004! I ' The Honorable Jack Skeen,Jr. - Page 5 tJC-0060) I � r in all its endeavors. In our opinion,therefore,under the terms of the order of the Commissioners Court of Smith County dated April 12, 1999,appointing an Evaluation Committee,and undc::r the terms of the Request for Qualifications dated March 17, 1999, the Evaluation Committec i s a "governmental body"subject to chapter 551 of;the Government Code,the Open Meetings A:t. You also ask whether the Evaluation Committee would be a"governmental body"und,:r the Open Meetings Act if the county judge and commissioner are "removed from the comrnitt':e." Although the question is close,we believe that the exclusion of those individuals would place the Committee more squarely in the category of a sltrictly"advisory"body,and thus remove it fro to the designation of"governmental body." The absence of any member of the commissioners court on the Evaluation Committee will necessarily require the court to consider afresh the nega ti ited contract,without the risk that two members will have already made up their minds. We there fore conclude that,if,under the circumstances you have described,the county judge and commissioner are excluded from the Evaluation Committee, the.Committee is more clearly identifiable ar an advisory body only. As was said in Attorney General Opinion H 994, in the absence of facts showing that such a reconstituted committee is more than advisory,its meetings are not require d to be open by the Open Meetings Act • ' I 10/13/2005 13:22 FAX 2145444040 ABERNATHY. ROEDER ET AL 4 009/009 I The Honorable Jack Skeen,Jr. - Page 6 (JC-0060) • SUMMARY An"Evaluation Committee"appointed by the Smith County Commissioners Court to recommend the selection of an architect and negotiate a contract with the selected firm is, under the facts described,a"governmental bed "subject to the Open Meetings Act. If, however, the county judge and orie commissioner are excluded from the Committee,it becomeslmerely an advisory body not subject to the Act. I I YI r5 very truly, d U ' JiD N- CORNYN Attorney General of Texas i ANDY TAYLOR 1~irst Assistant Attorney General 1 1 CLARK KENT ERVIN Deputy Attorney General- General Counsel I ELIZABETH ROBINSON Chair,Opinion Committee l Prepared by Rick Gilpin I: Assistant Attorney General I I 1 I, I. I; 11 II I 1 II1 li jl i' '. 11 1! I. 11 CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: October 14, 2005 Budgeted Amount: Exhibits: None AGENDA SUBJECT: Consider and act upon an appointment of an elected official, and alternate, to represent the City of Wylie in discussions with the Wylie Independent School District City/Schools Partnerships Committee. RECOMMENDED ACTION: SUMMARY: Assuming the City Council desires to appoint a single representative to meet with the above named WISD Committee, then the City Council should decide on the term of the appointment(s). APPROVED BY: Initial Date Department Director: \ City Manager: gme, CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: City Manager's Office Prepared By: Mark B. Roath Account Code No. #: Date Prepared: October 14, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Resolution No. 2005-26 (R) ordering Atmos Energy, Mid-Texas Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Texas Division, to submit a rate package based on a rate year ending June 30, 2005; directing that such filing shall be made by December 31, 2005; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to Atmos Energy and legal counsel. RECOMMENDED ACTION: Approve. SUMMARY: PURPOSE OF THE RESOLUTION: Municipalities have original jurisdiction over gas utility rates within the city. Municipalities have authority under the Gas Utility Regulatory Act ("GURA") to initiate a proceeding to determine whether the existing rates being charged by a gas utility are unreasonable or in violation of the law. This resolution exercises that authority and requires Atmos Mid-Tex Division to file a rate filing package with the City in order for the City to determine whether Atmos' rates are excessive. WHY THIS RESOLUTION IS NECESSARY: The last rate case at the Railroad Commission affecting the gas distribution system now owned by Atmos Mid-Tex was GUD No. 9400. At that time, the system was owned by TXU Gas Company, which had very different operating expenses and debt structure from Atmos. The rates currently being charged, therefore, are not based on Atmos' cost of service or on its capital structure. As a result, Atmos is most likely over-earning and receiving a greater return than was authorized by the Commission in GUD No. 9400. Atmos has made numerous public statements regarding the reduction of its operating expenses and the increased revenues it has been making from its Texas systems. The piecemeal ratemaking fostered by the GRIP interim surcharges prevents a thorough, comprehensive review of Atmos' cost of service, and would be illegal under traditional ratemaking in the public interest. Once the GRIP surcharge is in place, it is updated annually until the next general rate case; however, that next case can be delayed by the Company for more than five years. Second, while predicated as a surcharge to promptly recover investment in new and replacement infrastructure designed to improve system safety and reliability, a substantial portion of the GRIP requests have been based upon new office furniture, computers and other cost efficiency APPROVED BY: Initial Date Department Director: \ City Manager: MIR \ -0 AGENDA SUBJECT: Consider and act upon Resolution No. 2005-26(R) ordering Atmos Energy, Mid-Texas Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Texas Division, to submit a rate package based on a rate year ending June 30, 2005; directing that such filing shall be made by December 31, 2005; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to Atmos Energy and legal counsel. SUMMARY: (Continued) measures more likely to benefit shareholders than ratepayers. Some of the investments included by Atmos in its GRIP filings have a depreciable life of five years or less. Thus, a rate case over five years after the GRIP surcharge is implemented will be too late to determine the reasonableness of such investments as they will have already been completely depreciated. EXPLANATION OF"BE IT RESOLVED" PARAGRAPHS: 1. This paragraph requires Atmos to file a rate filing package with the City by December 31, 2005, based upon a test year ending June 30, 2005. The filing is directed to be on a system-wide basis, meaning that every city in the coalition will receive the same filing and will be able to review the filing jointly. In August 2005, the City of Dallas adopted a show cause resolution and required Atmos to file by November 15, 2005, based upon the same test year. This paragraph also requires Atmos to file an electronic version of its filing package. Although the Company keeps all of its information in electronic form, Atmos has caused delays of weeks and even months in recent filings by refusing to provide information in electronic form promptly after making paper filings. It is necessary for the consultants to have the filing electronically in order to test the validity of the Company's schedules. As a minimum standard, the rate filing package is required to be filed in conformance with the regulations and requirements of the Railroad Commission. 2. This paragraph notifies the Company that the City and its consultants will be undertaking discovery to obtain necessary information from the Company, and requires the Company to respond to all discovery requests within fourteen (14) calendar days. This is designed to avoid the unreasonable and unprecedented delays experienced with discovery requests submitted after recent filings. 3. This paragraph sets out the procedure to be followed by the City, including a public hearing. At the end of the City's review, it will make a finding on the reasonableness of the Company's rates, and possibly set new rates. 4. This paragraph gives the City flexibility to amend its procedures and the filing requirements. This flexibility may be necessary in order to counteract dilatory or evasive actions by the Company. 5. This paragraph requires the Company to reimburse the City for its reasonable costs associated with the review of the Company's filing. 6. This paragraph directs that a copy of the signed resolution be sent to a representative of the Company and a representative of the coalition of cities. RESOLUTION NO. 2005-26(R) A RESOLUTION BY THE CITY COUNCIL OF WYLIE, TEXAS ORDERING ATMOS ENERGY, MID-TEX DIVISION, TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION, TO SUBMIT A RATE PACKAGE BASED ON A RATE YEAR ENDING JUNE 30, 2005; DIRECTING THAT SUCH FILING SHALL BE MADE BY DECEMBER 31, 2005; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and has original jurisdiction over the gas utility rates of Atmos Mid-Tex; and WHEREAS, the City has the authority under §§ 103.001 and 104.151, GURA, to initiate a proceeding to determine whether the existing rates of a gas utility are unreasonable or in any way in violation of any provision of law; and WHEREAS, upon making a finding of unreasonableness, the City may determine the just and reasonable rates to be charged by Atmos Mid-Tex; and WHEREAS, Atmos Energy Corporation, the parent company of Atmos Mid-Tex has recently experienced system-wide cost reductions due to the doubling of its nationwide customer base with the acquisition of the assets of TXU Gas, and has reported to its investors that it has experienced a significant increase in profits related to its Texas divisions; and WHEREAS, Atmos Mid-Tex is charging rates approved based on the higher expenses and equity-to-debt ratio of TXU Gas, rather than rates that would be justified based on Atmos' lower expenses and equity-to-debt ratio; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will suffer further unreasonable adverse impact from the GRIP rate increases approved by the Texas Railroad Commission and the second GRIP filing recently made by Atmos Mid-Tex; and WHEREAS, the Commission's failure to consider testimony and argument offered by Cities during its consideration of the Company's piecemeal GRIP rate applications leaves Cities no functional choice but to exercise its statutory right to exercise original jurisdiction over Atmos' base rates and compel a comprehensive rate review; and WHEREAS, the City has reason to believe that Atmos Mid-Tex is over-earning and that its rates are excessive; and Resolution No. 2005-26(R) Atmos Show Cause 1 WHEREAS, Cities and their residents are about to experience unprecedented increases in the cost of natural gas during the heating season and protection of the public interest requires a comprehensive review of Atmos' cost of service to determine whether rates and services are just and reasonable; and WHEREAS, Atmos Mid-Tex should be required to justify its rates on a system-wide basis; and WHEREAS, the coalition of cities formed to review Atmos' GRIP filings (the Atmos Cities Steering Committee, or "ACSC") can most efficiently review the Atmos filing on behalf of the City; and WHEREAS, the reasonable costs associated with the City's review of the Company's rates are reimbursable from Atmos Mid-Tex; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, Texas, that: 1. That Atmos Mid-Tex is hereby directed to show cause regarding the reasonableness of its existing natural gas distribution rates within the City. Atmos shall file with the City information sufficient to determine the Company's rate base, expenses, investment, and rate of return. Such filing shall be on a system-wide basis and shall be based upon a rate year ending June 30, 2005. Atmos Mid-Tex is directed to file its rate filing package to comply, at a minimum, with the regulations and requirements of the Railroad Commission. The filing shall be made with the City on or before December 31, 2005. An electronic copy of the filing shall be made with the City simultaneously with the written filing on December 31, 2005. This filing shall be the same filing as made with the first coalition city to pass the same or similar Show Cause Resolution. 2. City's designated representatives shall have the right to obtain additional information from Atmos through the filing of written requests for information, to each of which Atmos shall respond in writing within fourteen (14) calendar days from the receipt of each such request for information. 3. A public hearing shall be conducted by the City. Based upon such hearing, the briefing of staff, and the consultants' findings, a determination of the reasonableness of the existing rates of Atmos shall be made by the City and, if necessary, just and reasonable rates shall be determined to be thereafter observed and enforced for all services of Atmos within the City. 4. The City may, from time to time, amend this procedural schedule and the filing requirements, and enter additional orders as may be necessary in the public interest and to enforce the provisions hereof. 5. Atmos Mid-Tex shall promptly reimburse the City's reasonable monthly costs associated with the City's activities related to the rate review. Resolution No.2005-26(R) Atmos Show Cause 2 6. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to the coalition of cities, at Lloyd Gosselink, P.O. Box 1725, Austin, Texas 78767-1725. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 25th day of October, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2005-26(R) Atmos Show Cause 3 CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: City Manager's Office Prepared By: Mark B. Roath Account Code No. #: Date Prepared: October 14, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Resolution No. 2005-27(R) suspending the proposal by Atmos Energy, Mid-Texas Division, to implement interim GRIP rate adjustments for gas utility investment in 2004; authorizing participation with other cities to review the sufficiency of the filing; authorizing intervention in administrative and court proceedings; designating the City Manager as the City's representative on a Steering Committee; ratifying the selection of the law firm of Lloyd Gosselink to represent the City; requiring reimbursement of reasonable legal fees and consultant expenses and requiring delivery of the Resolution to Atmos Energy and legal counsel. RECOMMENDED ACTION: Approve. SUMMARY: PURPOSE OF THE RESOLUTION: The law requires that a Gas Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty (60) days following a filing. The Company can set the "effective date" for any date after the 60th day. The effective date may be suspended by a city for 45 days. This resolution suspends the effective date to the maximum extent permitted by law to permit the cities to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine whether the surcharge is reasonable. This resolution is also critical for authorizing cooperation with other cities adversely impacted by the application and the creation of a Steering Committee. WHAT IS A GRIP: GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking in the public interest. Atmos persuaded the legislature in 2003 to make an exception to the prohibition against piecemeal ratemaking to encourage increased investment in distribution pipe by allowing prompt recovery despite the possibility the increased revenues and declining costs would more than offset increased investment. The "compromise"that Atmos made in 2003 to get the statute changed was to permit cities an unlimited time for suspension and consideration. Atmos later persuaded the Legislature to change the statute to allow only 45 days for suspension. EXPLANATION OF"BE IT RESOLVED" PARAGRAPHS: 1. A city is authorized to suspend the effective date for 45 days. However, since the Company controls and can extend its effective date during settlement discussions to increase a city's jurisdiction and the APPROVED BY: Initial Date Department Director: \ City Manager: NA? \ iv-�a�a AGENDA SUBJECT: Consider and act upon Resolution No. 2005-27(R) suspending the proposal by Atmos Energy, Mid-Texas Division, to implement interim GRIP rate adjustments for gas utility investment in 2004; authorizing participation with other cities to review the sufficiency of the filing; authorizing intervention in administrative and court proceedings; designating the City Manager as the City's representative on a Steering Committee; ratifying the selection of the law firm of Lloyd Gosselink to represent the City; requiring reimbursement of reasonable legal fees and consultant expenses and requiring delivery of the Resolution to Atmos Energy and legal counsel. SUMMARY: (Continued) period of time necessary to reach settlement, the resolution refers to suspension "for the maximum period allowed by law"rather than a specific date. 2. This paragraph authorizes participation in a Steering Committee and coordinated control over legal counsel and consultants. Along with paragraph 4, this paragraph avoids the necessity of returning to the Council with another resolution to authorize efforts related to an appeal of the Council's ultimate decision on the Atmos application. 3. With the short timeframe allowed for intervention it is necessary to quickly pursue discovery on the Company's request. Recent utility practice has depended upon obstructionist tactics like refusing to respond to discovery from legal counsel unless there are resolutions or contractual agreements supporting selection of legal counsel that can be reviewed by the Company. This paragraph confirms the selection approved by the City representatives for the 2003 GRIP filing. Geoffrey Gay, Georgia Crump, and Betsy Todd have been representing the Atmos Cities Steering Committee on the 2003 GRIP filing, and also represented Atmos cities in the last general rate case filed by Atmos. 4. This paragraph authorizes the intervention of the city, assuming such is recommended by the Steering Committee in an environs case or an appeal pending at the Railroad Commission. It further sanctions the handling of appeals from Railroad Commission decisions to the courts in Austin, if the Steering Committee believes that effort is desirable. 5. This paragraph permits each city to select a specific individual to receive all communication related to the Atmos filing. 6. Texas law requires utility companies to reimburse cities for all costs (legal and consulting) associated with ratemaking, whether the case is initiated by the utility or a regulatory authority. Implementation of a tariff that imposes a surcharge is ratemaking, entitling the participating cities to reimbursement. Legal counsel and consultants approved by the Steering Committee will submit monthly invoices to the City of Arlington which will then forward the invoices to Atmos for reimbursement. 7. This paragraph directs that a copy of the signed resolution be sent to a representative of the Company and a representative of the coalition of cities. RESOLUTION NO. 2005-27(R) A RESOLUTION BY THE CITY COUNCIL OF WYLIE, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY, MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2004; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; RATIFYING THE SELECTION OF THE LAW FIRM LLOYD GOSSELINK TO REPRESENT THE CITY; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, Wylie, Texas ("City") is a gas utility customer of Atmos Energy, Mid-Tex Division, ("Atmos Mid-Tex" or "the Company") and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex;and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") in September 2005, proposing to implement interim rate adjustments ("GRIP Rate Increases")pursuant to Texas Utilities Code § 104.301 on all customers served by Atmos Mid-Tex; and WHEREAS, Atmos Energy Corporation has reported a twenty percent increase in net income for its fiscal year ended September 30, 2004, and projects further increases in profits from its utility operations in 2005;and WHEREAS,Atmos Energy Corporation has recently experienced system-wide cost reductions due to the doubling of its nationwide customer base with the acquisition of TXU Gas, and has reported to its investors that it has experienced profits in its Texas service; and WHEREAS, the sufficiency of the filing by Atmos Mid-Tex and its compliance with statutory mandates is in question and needs to be determined; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP Rate Increases;and WHEREAS, the City and its residents could benefit from coordination with other cities served by Atmos Mid-Tex ("Cities") in a review of the reasonableness of the proposed GRIP Rate Increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP Rate Increases;and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex; NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie,Texas,that: 1. The November 19, 2005,effective date of the GRIP Rate Increases proposed by Atmos Mid-Tex is hereby suspended for the maximum period allowed by law to permit adequate time to Resolution No.2005-27(R) ATMOS GRIP investigate the sufficiency of the GRIP rate increase filing, review the proposed increases, analyze all necessary information,and take appropriate action related to the proposed increases. 2. The City is authorized to cooperate with other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP Rate Increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. 3. The City ratifies the selection of the law firm of Lloyd Gosselink, in Austin, Texas, to serve as legal counsel. 4. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. 5. The City hereby designates Mark B. Roath, City Manager as the City's representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants. 6. Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP Rate Increases. 7. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas,Texas 75240,and to Geoffrey Gay, legal counsel to the coalition of cities, at Lloyd Gosselink, 111 Congress Avenue, Suite 1800, Austin,Texas 78701. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 25th day of October, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2005-27(R) ATMOS GRIP CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25. 2005 Originating Department: Public Services Prepared By: Michael Sferra Account Code No. #: 121-5621-58150 Date Prepared: October 3. 2005 Budgeted Amount: $24.276.50 Exhibits: 4 AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2005-56 to amend the FY 2005-06 budget to allow payment of invoices related to the Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. in the amount of$24,276.50 for the development of a park in Creekside Estates. RECOMMENDED ACTION: Approval. SUMMARY: On January 27, 2004, the City Council authorized the City Manager to enter into a Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates in an amount not to exceed $60,000. On February 8, 2005, City Council passed Resolution #2005-12(R) authorizing the City Manager to execute that agreement. Related City Council action occurred on June 28, 2005 when Council authorized an additional expenditure of$8,502.50 toward the cost of a pedestrian bridge at the site and its installation(engineering, piers, etc.). In the FY 2004-05 budget, the funds for the original $60,000 and the additional $8,502.50 Reimbursement Agreement were earmarked in the Land Betterments line item of the West Zone portion of the Park Acquisition and Improvement Fund (121-5621-58150). However, these funds were not carried over into the current FY 2005-06 budget. On September 27, 2005, the developer submitted a request for a partial payment of$44,226 for work already completed as part of the reimbursement agreement. This invoice can be paid from the original FY 2004-05 funds and the remainder constitutes the request for the FY 2005-06 budget amendment. A large portion of the eight-foot wide concrete trail is in place. The remaining work is currently in progress and will be invoiced in the near future. APPROVED BY: Initial Date Department Director: MS \ 10/3/05 City Manager: / ek \ /6-40-O! 1 ORDINANCE NO. 2005-56 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $24,276.50 FOR THE PURPOSE OF REIMBURSING ESTATES AT CREEKSIDE PHASE III DEVELOPMENT, INC. FOR THE DEVELOPMENT OF A PARK IN CREEKSIDE ESTATES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005- 41 for the purpose of reimbursing Estates at Creekside Phase Ill Development, Inc. for the development of a park in Creekside Estates; and WHEREAS, by passing Resolution #2005-12(R) on February 8, 2005, the City Council entered into a reimbursement agreement with Estates at Creekside Phase Ill Development, Inc. for the reimbursement of development of a park in Creekside Estates in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for the reimbursement of Estates at Creekside Phase Ill Development, Inc. for the development of a park in Creekside Estates in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. 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: Amendment to Ordinance No. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: Ordinance#2005- ORDINANCE AMENDING 2005-2006 BUDGET(Estates at Creekside Phase III Development, Inc. Reimbursement) Page 1 That up to Twenty Four Thousand Two Hundred Seventy Six and 50/100 ($24,276.50) from the Park Acquisition and Improvement Fund balance be allocated to the Land Betterments line item of the West Zone portion of the Park Acquisition and Improvement Fund, and these funds may be expended over the next fiscal year for the purpose of reimbursing Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of October, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date(s)of publication , 2005 in The Wylie News. Ordinance#2005- ORDINANCE AMENDING 2005-2006 BUDGET(Estates at Creekside Phase III Development, Inc. Reimbursement) Page 2 Estates at Creekside,Phase III,Development,Inc. 8235 Douglas Avenue,Suite 650 Dallas,Texas 75225 Telephone(214)691-2556 •January 14,2005 CEEtTIFICA I certify his t• be a two l . copy of V'igi ... Mr.Mike Sferra By: ice,. I - • Public Works Director Ity secr City of Wylie 2000 Highway 78 North Wylie,TX 75098 Re: Creekside Estates Phase III Dear Mike, Based on previous discussions and approvals with Chris Hoisted and Mindy Manson,the purpose of this letter is to set forth and confirm the agreements between Estates at Creekside,Phase III,Development,Inc.and the City of Wylie concerning certain project cost reimbursements by the City of Wylie,as follows: 1. 20"Waterline Estates at Creekside,Phase III,Development,Inc.will install approximately 1,965 feet of 20"waterline and 1-20"gate valve as part of the City approved Phase III engineering plans. The cost of the improvements is S105,674.50 as evidenced by the enclosed Moss Construction proposal,dated May 14,2004. The City of Wylie shall pay 100%of said improvements and will pay same within 30 days of contractor invoicing,less 10%retainage. Upon final City acceptance of Creekside Estates Phase III,the City shall pay the final retainage amount. 2. Park Improvements Estates at Creekside,Phase III,Development,Inc.will install approximately 16,800 SF of 8'concrete park trail and one low water crossing as part of the City approved Phase III engineering plans. The cost for the improvements is S60,100 as evidenced by the enclosed Mario Sinacola&Sons proposal,dated May 19,2004. The City of Wylie shall pay$60,000 of said improvements within 30 days of contractor invoicing, less 10%retainagc. Upon final City acceptance of Creekside Estates Phase III, the City shall pay the final retainage amount. —75-90140ne1 Z990T69tTZ YV3 ZO:OZ SOOZ/ti/90 - ,_ Fage 2 City of Wylie January 14,2005 By the City of Wylie's signature below,the Phase HE construction will commence and thee .. - eementioned improvements shall be installed to completion. Iffir&liti Y' / ki �,� ',/" - t it s J.Melino, President Enclosure AGREED this d/ day of Frv� / ,2005. Signature ► (4 , tom. 20cl~kk Printed Name Fes,+ et2C3e¢'Al ydNua C:, ey.Achv 43 g4 ,4411- Ak. actor- iz 0)- • asnrsnews 29ilereO TZ YYJ Z0:0Z S00Z/Cl/80 r RESOLUTION NO. 2005-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYUE, TEXAS, TO EXECUTE THE REIMBURSEMENT • AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS BETWEEN THE CITY OF WYLIE, TEXAS AND THE ESTATES AT CREEKSIDE, PHASE III, DEVELOPMENT, INC. NOW,THEREFORE,BE IT RESOLVED SY THE CITY COUNCIL OF THE CITY OF WYUE,TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of.WYLIE, Texas, the reimbursement agreement for infrastructure improvements between the City of WYLIE, Texas, and The Estates of Creekside Phase Ill, Development, Inc., SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 8th day of February, 2005. HN ON , Mayor ATTEST TO: �---� ▪ SEAL ▪ r r. - CAROLE • H, City Secretary 4,,m'e,,,�t`' Reolutioa Na.2005-12(R) R ► uesemeat-Estates at Creckside.Rasa I11 Developmwt STo/S0017I eBPT.ique3 Z990T6961Z ICU ZO:OZ SOOZ/CT/90 08/13/2003 20:03 FAX 2148910682 Cambridge ---- ---- ----- kn008/015 • • ' '- '. ' • . 0S6S-L9S Val xvi 3:saveti • lostles ttitt xee eteeVelitifi - oo6C-42E Cm) • ••- - Km Mu'instel • ayOu 110111/3S31:1 Meet • etcz xoe'old • SWAIM • SN1AVd • Saleitill tp;ilea Ow;--II;Hind OPPOPER,P MIMS illicidad OIS WAS touse mm-Kag yes%mum • . 1V10.1 S Vel . . •Wean• I OTOO9a$ Si 001 puce enueumum • 41. ' . • • 41140.4.4 -ohfierz .nr,44.„_va xtm.01 igloo isk•pecweg-ward 01 . .-116em13 4a4em m41 . • St., • • OWOCIPt. S 0072 41 0009 • *ImiLaPS in Al'dual. .'•: ocrostz .S caoSz Y3. .00•S sdu M8 Mild logici3 el.! . - • .•. • ,olvoixet $ Ocroon 91 OW 1 aturuS PUP augh40 OZD . • WWI. S 001:9 NJ. 007Z AS/*Yee TO awn PonwPA1-1 SZ t °Mel S Wt. AS 00V11.`1 - . blAueq't9 PezIPPIS aulT1.2 Vet, ' - cor9/Oa S. liffn AS 000601 -IcrI 60P1seci 0000 ISel am MS . z ii • .•0000e$ s offoors Si poi. . dam ntigases 1 m .owtsrz . I ClirgeZ rnimatergrmi.mmimiimailwasmitri On .. • • Woe.apie9(Z)WAL • 111 tagglire4.... Al.! VZ• I 011000%2 SI 001. • .0ta'a3. $ w as oo-001'9 VAL."')91100PIS 1. ants • s &rot , AI 00113 . A. isPee14 SIMS 0 .• 00•0ztvg , $ 0012• • NJ. Won AO/0 ves 0 aturo eseae)44 s otrooftiz S Ow' . AS omen. *mares Pazemes!own a if 009/09P S OSVE AS WOSt 1 AWN Wad uo0 1941 oose..s c • . ocriers21 ' $ sra AS 00593S 110Ad"0%100 19e1 009S A Z .. 00-0SZIon $ 0901. - " 49 00110901. lium vu0194 009£...9 • • PIO 111161 P.s oil uun mum" . uotidtmuto. lilaN ' . . • . - . -9141AVid •. • • . 0071172 S . • 1V4 et'OLA_.........._,u_OV'dD 1 • 00'00911 $ 00-0093 V3 003 . ammiug u0SPruisuu0 Pee9A119 9 .k • occosti, . S 00c09 V .. one • (.121/E)OupPtsa;01 t. ono*. S Orrosi V9 OM . (IuNui)euxaues xi t. . , owilets, t Gin AO 00•99VLZ wea)femme 40no4 ittul"x91 Purl t: .06100109 - S 0070M 0 _ _...0033Z euleRfuD 9 OuPeeri 1.i • • 1P18 P40.1. • PM Min Nun zino . inn imam ONP3V210 . ' ' - • . ., . . . • - . . Own*14:11 :)101iV*01 . • - ' - . . - • M esinid'WWI BPIsolealO :.1.03r011d . , • . . •- - Awe plop 61•114v3IPJ.1•11109461,00 04 keSSONV . luau**,pue elePeleui'Kiwi P imiin 01 egoduili aeri :N311431.1.930 . • Awls°Ain)1,1 ;NOLLiELLIV , • • . . . 9ZZ2L seitel'ssilta - - 099 WS'anesucti soneriCCI 029 ' • -Jul winuclopPma 111 lid aPPIlasli0 is selolsa . :. . . •- . .• "ON geNtIVAii3x3 A s ammempeommi simmimminallimmilla ' 0 . 1 if. SNOS I? V1OOVNIS 0111VIA . ../ • . -- .._ • • , ......, • • i . , . . • • • , , . • • - • - _ i_• . • . z0'd 6T:S1 VO. 61 fieW 01762-1.6S-01t:xe3 15100UNIS"°DAM MARI❑ $INRC❑LII Fax May 19 '04 15:19 Y P.03 MARIO S' acoLA & SONSvaiimen QUALiFICATJONS; . ' ' - Units are based on Bury+Partners-DFW.Inc.plans Dated:04130/04-Received:05/05/04. • -All work an this proposal will be performed with one move-In at one time .. -•I o:avation is based on a COnver4lonal scraper operation not to exceed 1500'haul •- Our excavation quanritf is 27.455 cubic yards�y and our neatilne embankment quantity(zero -Final quantities wilibe d�ned using"Approved Plane -Maintenance Bond cost for paving is St 800 • -No concrete..geotechnical.or compaction t . Basketball court quote Is Sibeflax5" depth grade beam slab mitts two regulabon basketball extended backboard hoops w/gatvarimsd poles; Fight broom finish On the slab with white ragcda6on striping designating boundary,free throw,and half Court lines -Soccer goals are two portable regulation sized with nets, manufactured by Gamelirne.heavy flulY -Baseball badackstop'indudes three baseball backstop galvanized parcels tO'wide x t5'tall(tingled • al the top) . No grading for soccer geld or bill field -No excavadon or beddill for lot retaining walls ' • -No fence removal,replacement or repair -No grade to drain or channel excavation ' -No hand labor in tree eyes ) - No tree clearing on perimeter fencerows . ' -No hazardous material removal . -No import,skport or budcinp of material • - No landscape,irdge8on,e►ecb cal acf)ustrcents cx repairs - No maintenance.ineteltabon or removal of erosion contra devices -No median paving atones . -No permanent traffic lrarldngs ar slgnage • . ' -No permits,imputed fees or foes of any kind - No pond de-mueldng,cleaning or general clean up -No nepr aolng of topsoil.sod,or seeding -No rock exr WVe gon ' • • »NO undercutting . -No salsa lax an Incorporated matentds ..No sleet lighting i . • • • . / f cfi • nerd seam aoai.rpa:adu+;� o ,na a Peepnrc a en ad �ds aas•la- P Pape: d a aTniannrvc aepT1ina Z99016961Z IVA CO=oZ SOOZ/tT/90 __ - 08/13/2008 20:04 FAX 2148910882 Caebridge 181010/015 CP Voird dud•sassa ammo m mess a1oosHd9pf d-70wnso M MUSWWI b �; • . • • • epaQc+iMP"; • ' -MO'ONILVAVOX3 VMS IS Damn • Afinouts siquoi iuop 04 s pa;as?e!d'lasodwd sq Bug aeau uogeagutzp posy Jo'suogssnb 4u sisal Haut bro4S m potornb Jo petonb Apeogpeds sou xxsnAue'stoe4 mud sun a uo sosjoxi spit pscrib stunt;AA- sea>qu0o I J0;sus ag as tU3)B(As JO swims Jatss►AID 4flW UOfs of spare.OP!AOJd ps Jousp agra o pewdsp pane p *Ks of semi- • 3ounsmiustss UIMON — • sspeJ6 pes9d0wd 40 Vol G£"0 Ir oq c4 ePitiagng Fed p 0Z'0-tom aq 01 apeiOgng*OAS - sOtepe ut-o-o„t L ua s fi#pus swags u stow woo o-2.2i.uo os#a4 ci toms PIOJ4u!3I sdutat sag Jspaeg u!pepnlous,s siod Ipp8 - ul saloquew punome pagatdu+co eq o►Sinned b1:414 Jnod eptiedas Ji sinosoojq epgttew oN- 110-Inoti tSa4 oN_ • • apegrqns tepnpu!04 ps sn eq of sposu pguunb uogszspassiuopatedatd opp-rxre- BuyCan0ns oN- • 'WM YAVOOO ` m rr __ c s� SNOS j00N114fi .,` 0 ._Y.: r _ PO'd 6T:ST VO. 6t FEW O176£-L8S-VTZ:XXA . dlOJNIS 0I81,4 LAFAYETTE PROPERTIES, INC. 8235 DOUGLAS AVENUE,SUITE 650,LB-65 DALLAS,TEXAS 75225 TELEPHONE 214 691-2556 FACSIMILE 214 691-0682 TRANSMITTAL COVER SHEET DA E �ds FROM: GARY DEFRAIN TO: 4, -'4 o /gir,p LAFAYETTE PROPERTIES,INC. ✓!i7/ ^` /,{,/ l e PHONE: 214 691-2556 !fJ vv�`/ FAX: (214)691-0682 ��/1,( Jl I(G t/ �, 1)% V J� RE: ��i �7; R I / REMARKS: I I L7 VW��I� `�/' z t f ///12W L 4*4 cv#tt / 7 /(49 - ; t? 4i144 irkitiL . 17/ /4/7 Gifu( / 47,i(Aw 10 gm �a pa tenon). CC: 6//774�Zf7G/9 Zj!� 3(17- 1¢° (5-7/*/ F\GD\Tranmittal Cover Sheet Application and Certificate t•or Vaynrceei Application No: 6 Uate: �y/moo, Project: ESTATES AT CREEKSIOE PH 3 i To Owner: Estates @ Creekside Ph III Dev yyy�E�-n( Period To: 64/25/05 a235Daugias Avenue,Suite 650 • Dallas,TX 75225 Architect's #4240 Project No: From Mario Sinacola>A Sons Contractor lob 4240 contract Date: 3 Number: _� (Contractor). Po Research POO Box 2329 Vin(Architect): o Frisco,TX 75034 to Phone: 214 387 3900 Contract For n Application For Payment 5a8,287.90 n Contractor's mars Original contract sum c Cu Additions Deductions Change Order 5unimary -8,757.00 Change orders approved in Wet change by change orders 16,2�43.00 -25,000,00 previous months br owner Contract sum to date 639,530.90 Date Number Approved 621,148.4U r 1 Total completed and stored to date c, x Change orders Retainage approved this month 1.0%of completed work 6,423.75 W Totals 0.0%of stored material 0.00l w orders 9,757.00 Total retalnagew Net change by thaneO 6,423.75 1 The undersigned contractor certifies that to the best of the Contractor's knowledge;information, Total earned less retalnage 614,724.65 and belief the work cowered by tbts Applicatloa Per Payment has been cos-tractor In 5xprdaase-, 556 910.90 with the Contract Documents;that all amounts have been paid by Less previous certificates of payment r which previous Certificates for Payment were issued and payments received from the ` ` that current payment shown herein Is now due, �I 1' Current sales tax 441 Cart s �.F i st 1 . 0.000f% of taxable amount 0.00 lity _ I to 0.00 . f: � Current sales tax ateof: comity cr . 1�� 57,813.75 N S scribed an swam to before me i.`s►� Current payment due ear).Notary ptJb11C:�� '� 24,806.25 Balance to finis including retalnageo . p y commission expires N r--. Architects Certificate for Payment Ar Rea accordance wth the Contract Documents, based on on-site observations and the data 0& _ / Z7 d J tultlpdsi►tg the atova application the Architect certifies to the Owner that to the best of the O Architect's knowledge,Information and belief the Work has the Cortra iessed as Indicated,n the quality ua t ant 8 r ony to the Contractor nalrted herein. Issuance, N the Work is In accordance With the Contract Documents, Th Celli a n oiiahb. The Amount Cettilled i5 payable of the Amount Cenllled, payment,a acceptance of payment are Without prejudice to any rights of the Owner or Contractor under this Conired. Amount Certified: $ Appilcaclun alma..e.‘.....W...: . ... To Owner: Estates @ Creekside Ph III DeY Application No: 6. Date: 09/26/05 Period To:09/25/05 , From(Contractor): Mario Sinacota a Sons Contractor's lob Number: 4240 • Project: ESTATES AT CREEKSIDE PH 3 Architect's Project No: #4240 . II Walk Completed I Work Completed r Completed and Stored To Date { W Previous Application This Period 0) } (Jolt Contract Sdhe4uled Item Ply Quantit UM Value Quantity Amount Quantity Amount Quantity Amount % Retention Memo 0 Number Desalptlon Y• Cn €€1 11 EXCAVATION IL 300.0000 28.00 AC 8,400.00 28,00 8,400.00 .00 0.00 28.00 8,400.00 100.0 06.87 CT 11010 CLFARSc6RUD C7 I 11020 UNCL EX INCL ROUGH 1.6000 27465.00 CY 43,944.00 27465.00 43,944.00 .00 0.00 27465.00 43,944.00 100.0 454.46 0 11030 INITIAL LOT OENCHIMG 150.0000 95.00 EA 14,250.00 95.00 14,250.00 .00 0.00 95.00 14,250.00 100,0 147.37 11040 PHIAL LOT 9EFOCrIING 50.0000 95.00 EA 4,750.00 95.00 4,750.00 .00 0.00 95.00 4,750.00 100.0 49.12 1 11050 STAB OCNSTEAIIRANCE 1,500.0000 1.00 FA 1,500.00 1.00 1,500.00 .00 0.00 1.00 1,500.00 100.0 15.51 72,044.00 0.00 72,844.00 753,33 y Total EXCAVATION 72,844.00 --rl N X 41 STAB1tIZATION .. 1.6000 17250.00 SY 27,600.00 17250.00 27,600.00 .00 0.00 17250.00 27,600.00 100.0 285.43 N 41010 7"LIME SU6GRADE r-� 83.0000 340.00 TN 28,220.00 341.00 18,220.00 .00 0.00 340.00 28,220.00 100.0 291.84 A • 41020 i ryDRAIED LIMEi 41030 7"LINE SUBuRAl7E 1.6090 1114,00 SY 1,762.40 1114Ap 1,762.40 OD 0.00 1114.00 1,782.40 100.0 18.43 W OD41040 10TX141E0 LIME 83.0000 22.00 TN 1,026.00 . 22.00 1,826.00 .00 0.00 22.00 1,826.00 100.0 18.88 W 59,428.40 0.00 59,428.40 614.58 k0 Total STABILE/ATM 59,428.40U1 0 44 PAVING 44010 6'3600 CONC MAT 18.50110 10500.00 SY 194,250-00 10500.00 194,250.00 .00 olio 10500.00 144,250.00 100.0 2,0418. 44011 CO2.6"COMJCP1141 18.5000 10500.00- SY -194,250.00 10500.00- -194,250.00 .00 6.00 10500.00- -194,250.00 100.0 -2,0013,88 44012 CO2-6"CONC PVMT 19.1700 10500.00 SY 201,285_00 10500_00 201,285-00 .00 0.00 10500.00 201,285.00 100.0 2,081.64 . 44020 B'3600 CONC PVMT 22.1600 5650.00 SY 125,204.00 5650.00 125,204.00 .00 0.00 5650.00 125,204.00 100.0 1,294.83 44021 CO2.8"CONC PVMT 22.1600 5550.00- SY -125,204.00 5650.00- -125,204.00 .00 0.00 5651100- -125,204.00 100.0 -1,294.83 m 44022 CO2-8'CONC PVMT 22.8300 5650.00 SY 128,989.50 5650.00 128,989.50 410 0.00 5650.00 128,999.50 100.0 1,333.97 - 44030 8'3600 CO.UC-ALLEY 26.5000 1750.00 51 46,375.00 1750.00 46,375.00 .00 0.00 1750.00 46,375.00 100.0 479,60 IV 44031 c02-8'ALLEY COLIC PVMT 26.5000 1750.00- SY -46,375.00 1750.00- -46,375.00 .00 0.00 1750.00- -46,375.00 100.0 -479.60 O 44032 CO2-8'ALLEY CONC PVMT 27.1700 1750.00 SY 47,547.50 1750.00 47,547.50 -00 0.00 1750.00 47,547.50 100.0 9 U1 44040 STREET HEADER 10.0000 91.00 lF 910.00 91.00 910.00 .00 0.00 91.00 910.00 100.0 9.41 I . 2.7500• fi100_DO SF 16,775.00 00 0.00 5490.00 15,097.50 5490.00 15,097.50 90.0 156.13 44050 � SEE7EWA1K4"THICK 0 3.2500 16800.00 SF 54,600.00 .00 0,60 15120.00 49,140.00 - 15120.00 49, .. tV 44060 SIDEWALK 5'-PARK TRA N 44070 0A5KETBAL.COURT-2 25,000.0000 1.00 LP 25,000.00 1.00 25,000.00 .00 0.00 1.00 25,000.00 100.0 258.54 44071 C01-EASKETBAt,LCOURT-2 25,060.0000 1.00- LP -25,000.00 1.00- -25,000.00 .00 0.00 1,00- -25,000.00 1.00.0 -258.54 0_DO .00 o.Da _aa 0.00 .00 0.00 0.0 � 44080 RVU SOCCER GOALS 2,295.0000 1.00 LP 2,295.000.00 .00 O. .00 0.00 O.D 0.00 3,200.0000 1.0D LP 3,200.00 •� O 44090 BASE&4it.BACKSTOP W 24.9300 1050.00 SY 26,176.50 1050.00 26,176.50 .00 0.00 1050.00 26,176,50 100.0 270.71 44100 6"3600 CONC-PARKING 0.00 .00 0.00 .00 0.Ofl 0.0 0.00 44110 S1RWPING1S1GNAGE 2,000.0000 1A0 .00 LP 2,000.008 00 0.0 0.00 44120 BARRIER FREE RAMPS 750.0000 5.00 EA 3,750.00 .00 0.00 .00 0.00 -00 Application and Certificate For Payment -- page s Period To:09/25/05 I Estates @ Creekslde Ph Ill Dev Application No: 6 Date: 09/26/05I To Owner. Contractors Job Number: 4240 From(Contractor): Mario Sinacola 6c Sons Architect's Protect No: 414 0 Project' ESTATES AT CREEKSIDE PH 3 Work Completed Work Completed I I Completed and Stored To Date I !a Previous Application This �_ 40 Amount Memo 0 Milt Contract Scheduled I % Relentlon Item Price Quantity UN Value Quantity Amount Quantity Amount Quantity Number Description � ¢ 44121 CO3 UARAEER FREE RAI`t? 750.0000 13.0D 2,430 00 9DA0 2,430.OD .00 0.00 9D_00 2,4 0.00 100.0 100.8325.13 Cu 44130 TEMP TY ill BAftRICAD 27.0000 90.00 C) S,S00.00 1.00 5,500.00 DO 0.00 1.00 5,500.00 100.0 56.88 44140 Lova WATER alossllaG 5,500.0000 1.00 LP Cu . 44141 CO3-LOW WAVER CROSSING 5,500.0000 1.00- EA -5,500.00 1.00- 5,5110.00 .00 0.00 1.0D- -5,500.0D 100.0 -56.88 44150 REM DARRICADE/CONNEC 250.0000 3.00 EA 750.00 3.00 750_00 .00 0.00 3.00 750.00 100.0 7.76 6,800.0000 1.00 11 6,800.00 1.00 6,000.00 .00 0.00 1.00 6,800.00 100.0 70.35 44160 MA1NiEN1Nl BONO .237,6450 488,876.OD 5,055.84 507,259.50 424,638.50 rt Total PAVING Co X 64,237.50 621,148.40 6,423.75 N 639,530.90 556,910.90I--.Appilcation Total .A 1 W 00 i ( t2d(12CA1- � 0' - PD it0(. UI / � 7. S0 ii-- / snci, 7 N ii(X- / /-13 ewe_ 7 /G'�� li�Z37'� al r i pQ---- 1/4 7 , 73._ N.) Cfl .. . . . ° .Vt(1/W19a( Ca171) 4 /40 .. 14 rj--- 44zz - 0 • Mario Sinacola Fax:214-387-3950 Sep 27 '05 10:25 P. 05 • • CONTRACTOR AFFIDAVIT, PARTIAL RELEASE, AND WAIVER State of Texas Reference: • • Contractor: Mario Sinacola&Sons Excavating, Inc. P.O.Box 2329, Frisco,Texas 75034 Partial Payment Amount: $ 57,813.75 Owner Name: Estates at Creekside Ph Ili Development . Property Name&Job#: Estates at Creekside, Phase 3 Job#4240 Property City: Wylie,TX Property County: Collin Date: September 26,2005 The undersigned attests that Mario Sinacola & Sons Excavating, Inc. is the Contractor. The undersigned has authorization to execute this Contractor Affidavit, Partial Release and Waiver on Contractor's behalf. The Contractor performed work or furnished materials pursuant to an Agreement (the `Contract"). The Contract is between Contractor and the Owner referenced above. The work or materials are for the improvement of real property described and located as referenced above. This Contractor Affidavit, Release, and Waiver is delivered to induce the Owner to make Partial Payment under the Contract. The amount of the payment is referenced above. This Contractor Affidavit, Release and Waiver shall only apply to work or materials for which Contractor has received payment and is subject to collection of any check given as payment. The Contractor represents and warrants, a) Title to all work or materials covered by this payment has passed to the Owner, free and clear of encumbrances (the"Liens"); and b)Taxes applicable to the work performed or the materials furnished under the Contract have been or will be fully paid; and c)All work or materials furnished for the performance of the contract have been or will be fully paid. The Contractor, a) Waives and releases all liens for work or materials furnished under the Contract for which Contractor is paid; and b) Agrees to satisfy any liens pertaining to work or materials for which Contractor is paid. CA,Ci-S-9—t_ aCht,--A/1 Charles Adams, P.E. Mario Sinacola&Sons Excavating, inc. . STATE OF TEXAS, COUNTY OF COLLIN SUBSCRIBED AND SWORN TO before me on (Yt 026,2005. ��` L$ura Bone ' Co 69-1,-Lc i—` 22,Z Notary P lic CITY OF WYLIE Item No. 7 Cu),Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: Support Services Prepared By: Mindy Manson Account Code No. #: Date Prepared: October 14, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-57 approving and establishing a policy regarding the acceptance of donations to the City of Wylie. RECOMMENDED ACTION: Staff recommends Approval. SUMMARY: The purpose of the proposed policy is to establish procedures for the acceptance of donations to the City of Wylie. The policy includes the procedures for the acceptance of the donation of funds, equipment, or in-kind services that are either solicited or unsolicited. Donations with a value up to and including $5,000 may be approved by the City Manager. Donations with a value over$5,000 must be approved by the City Council. As recommended, the City Manager or his designee will initially review the donation for appropriateness and best use. The criteria for review includes: - Is the use of the item or money for a designated purchase consistent with existing City policy, program outcomes and department/city goals? - Do restrictions upon the use of the item or funds make it practical to accept? - Would equipment require extensive repair or maintenance, and if so, is maintenance support available? - Does acceptance of funds, equipment or in-kind services or materials present a conflict of interest for the City or its employees? - Will the donation result in an increase to the City's budget? Other provisions of the policy include the requirement that donations which are contingent upon recognition of an individual by plaque, sign or other manner on City property will be accepted only after approval by the City Council, except as permitted by the Parks and Recreations Memorial Dedication Policy. Further, any solicitation on behalf of the City of Wylie for community events or City sponsored programs must be approved by the City Manager prior to solicitation. Finally, approved donations shall be receipted by the Finance Department, and a budget notation shall be prepared for all donations in excess of$5,000 specifying the intended revenue and expenditure account(s) to be increased. APPROVED BY: Initial Date Department Director: MM \ 10/14/05 City Manager: Ane \ /o•.Qo-cc; 1 ORDINANCE NO. 2005-57 AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS ESTABLISHING A POLICY REGARDING DONATION ACCEPTANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas receives offers of donations for various purposes; and WHEREAS, the Wylie City Council wants to adopt a donation acceptance policy that provides a review of the appropriateness and best use of donations; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides guidance to potential donors as well as City staff on the procedures for accepting donations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the City Council hereby adopts a policy as it relates to donation acceptance as detailed in Attachment "A". 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. Should any paragraph, sentence, subdivision, clause, phase 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 whole. Section 4. 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date to be Published in The Wylie News—November 2,2005 Ordinance No.2005-57 Donation Policy Attachment "A" DONATION ACCEPTANCE POLICY AND PROCEDURES (1) Purpose. The purpose of this policy is to establish procedures for the acceptance of donations to the City of Wylie and specific City departments. A uniform set of procedures shall be followed in acceptance of all solicited or unsolicited donations and proper approval shall be obtained prior to acceptance. All cash, equipment, in-kind services, materials and sponsorships donated to the City of Wylie or City departments shall be accounted for in accordance with the procedures set forth in this policy. (2) Official Acceptance. In order for donations of funds, equipment or in-kind services to be accepted, a formal review as outlined within this policy must be conducted. If it is determined that the donation is not in the best interest of the citizens of the Wylie, the donation shall be refused. (3) Review prior to Acceptance. The City Manager or his/her designee shall review all donations for appropriateness and best use. Acceptance or refusal of donations shall be as determined by the City Manager. The following are criteria which may be applied in determining if a donation is appropriate for acceptance: (a) Is the use of the item or money for a designated purchase consistent with existing City policy,program outcomes and department/city goals? (b) Do restrictions upon the use of the item or funds make it practical to accept? (c) Do restrictions on disposal or retention of the item or funds make it practical to accept? (d) Is required accounting for the item or funds excessively difficult? (e) Would equipment require extensive repair or maintenance, and if so, is maintenance support available? (f) Does use of equipment or materials require the purchase of additional items to be useful? (g) Does acceptance of funds, equipment or in-kind services or materials present a conflict of interest for the City or its employees? Regardless of the value of the donation, if the donor is a contractor, potential contractor or there is reason to believe there may be a conflict of interest, then the City Manager will determine if the gift should be accepted, rejected or submitted to Council for approval. (h) Will the donation result in an increase to the City's budget? Recipients must bear in mind that donations are to be considered one-time supplements to departments and should not be used to develop new programs or services which would require budget supplements from the City in the current or subsequent years. (4) Approval. Donations with a value up to and including $5,000 may be approved by the City Manager. Donations with a value that exceeds $5,000 must be approved by the City Council. (5) Specific Use Donations of Funds. All donated funds which are given for a specific use shall be recorded in such a manner as to easily identify the intended use. Donations shall be receipted by the Finance Department, and a budget notation shall be prepared for all donations in excess of $5,000 specifying the intended revenue and expenditure account(s) to be increased. (6) Memorials, Donations in Honor of Individuals. Donations which are contingent upon recognition of an individual by plaque, sign, or other insignia on City property shall be accepted only after approval of the City Council. The exception being those donations which fall under the Ordinance No.2005-57 Donation Policy criteria of the Park Memorial Dedication Policy approved by the City Council on June 24, 2003 (attached). (7) Donations of Equipment. Donations of equipment will be considered based on program outcomes, department goals and needs. Each donation will be evaluated for usefulness and costs of potential replacement/rental rates will be considered. If there is any question as to the legal owner of the donated item,proof of ownership may be requested. (8) Non-Specific Use Donations. Donors who wish to give a gift which is not specific to a given department may give a gift to the City in general. The City Manager will determine if such gifts should go to a specific department or to a general City donation fund. Once determined, the donated money will be expended either for general purposes, or as a one-time supplement to a departmental operating budget. Approved donations shall be receipted by the Finance Department, and a budget notation shall be prepared for all donations in excess of $5,000 specifying the intended revenue and expenditure account(s)to be increased. (9) Solicitations for Community Events. All solicitations on behalf of the City of Wylie, specific city departments, or which are distributed on the official letterhead of the City, shall be approved by the City Manager prior to solicitation. In-kind contributions and sponsorships for specific events will be treated in the same way as donated funds. (10) Solicitations for City of Wylie Programs. Programs which will involve solicitations for program specific donations and/or in-kind donations (i.e. Reach For a Star) must receive prior approval from the City Manager and may, after approval, establish separate program criteria. If determined necessary by the City Manager, additional review of the proposed program may be required to evaluate potential risk and liability. (11) Acknowledgement and Receipt. A donation receipt form will be completed when donations are received, with the form completed by City staff. The donor shall retain a copy, the director shall be sent a copy and a copy will be sent to Finance. The donor, not staff, must place a value on the gift. Ordinance No.2005-57 Donation Policy City of Wylie Parks and Recreation Department MEMORIAL DEDICATION POLICY Approved by City Council June 24, 2003 1. The Park Superintendent, or designee, shall have the responsibility for administering the City of Wylie Parks and Recreation Department Memorial Dedication Policy. 2. Under the guidance of the Park Superintendent, Wylie citizens may request the installation of memorial items including but not limited to: trees, landscaping, granite markers, benches, tables, pavilions, playground equipment, and other park-related items. 3. All requests for the installation of memorial items must be accompanied with a complete written description of the item, such as the item dimensions, material of construction, caliper size, mounting requirements, the desired location, the desired time for installation, etc. The Park Superintendent reserves the authority to limit the number, size, type, brand, variety, species, color, location, and date of installation of all memorial items. 4. Prior to installation, all costs associated with the purchase, acquisition, shipping, transportation, mounting, placement, and/or installation of the item shall be paid by the individual requesting the installation of the memorial item. 5. No memorial items shall be installed without the approval of the Park Superintendent. 6. Memorials shall be installed by the Park and Recreation Department employees and/or a Parks and Recreation Department designated contractor only. 7. The Park and Recreation Department assumes no responsibility for any damage, breakage, or vandalism occurring to the item either before, during, or after installation, nor does the Department guarantee the item's maintenance, upkeep, life span, or duration of usefulness. Ordinance No.2005-57 Donation Policy CITY OF WYLIE Item No. 8 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 10-25-05 Originating Department: Police Department Prepared By: Jeff Butters Account Code No. #: 5251-58910 Date Prepared: 10-14-05 Budgeted Amount: $403,000. Exhibits: 2 AGENDA SUBJECT:Consider and act upon authorizing the Mayor to enter into an agreement between the City of Wylie and Brinkley Sargent for architectural, engineering and related services for the Wylie Animal Shelter expansion. RECOMMENDED ACTION:Approval SUMMARY: Brinkley Sargent has submitted the exhibited proposal for architectural, engineering and related fees. Brinkley Sargent will sub-contract engineering services to Helmberger Associates Inc. Brinkley Sargent has worked for the City previously completing a facility needs assessment and is very familiar with the animal shelter project. Brinkley Sargent Architects have successfully completed numerous animal shelter projects and have excellent references. The fact that Brinkley Sargent is very familiar with specific animal shelter issues and requirements is an important consideration. The total amount for all services proposed equals $54,000. This amount does represent reasonable fees compared to what other Cities have paid for similar services on similar projects. Architectural and engineering services are exempt from competitive bidding under the Professional Services Procurement Act. The funds are budgeted in this year's operating budget. APPROVED BY: Initial Date Department Director: JB \ 10/14/05 City Manager: "M4 \ /G•o?o i'- 1 Attachment A Fee Proposal Wylie Animal Shelter Expansion Services and Fees A. Basis services Providing all architectural, mechanical, electrical and plumbing engineering, and structural engineering. This includes work starting at schematic design through Bid/Negotiations. FIXED FEE OF $32,000 B. Construction Administration Services Provide construction administration services for four months of construction. This includes conducting bi-weekly meetings and the preparation of minutes of each meeting, and other normal construction administration services delineated in the contract. FIXED FEE OF $12,000 C. Supplemental Services 1. Provide survey and civil engineering services by Helmberger Associates, Inc. FIXED FEE OF $8,500 2. ADA reviews and approvals FIXED FEE OF $1,500 No other services shall be provided under this contract including landscape design. tL&IADocument B151rat — 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Seventeenth day of October in the year Two Thousand and Five (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name,address and other information) ADDITIONS AND DELETIONS: City of Wylie The author of this document has 2000 Hwy.78 North added information needed for its Wylie,Texas 75098 completion.The author may also have revised the text of the original AIA standard form.An and the Architect: Additions and Deletions Report (Name,address and other information) that notes added information as well as revisions to the standard Brinkley Sargent Architects form text is available from the 5000 Quorum Drive,Suite 600 author and should be reviewed. Dallas,Texas 75254 A vertical line in the left margin of this document indicates where the author has added necessary For the following Project: information and where the author (Include detailed description of Project) has added to or deleted from the original AIA text. Renovation and Modifications to the existing Wylie Animal Shelter located at 949-A This document has important Hensley Lane,Wylie,Texas. Expansion includes development of a 30 cage kennel facility legal consequences. and addition of parking lot. Total Project Budget including fees shall not exceed Consultation with an attorney $400,000. is encouraged with respect to its completion or modification. The Owner and Architect agree as follows. AIA Document B151 rr"—1997.Copyright ©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or 1 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES §1.1 The services performed by the Architect,Architect's employees and Architect's consultants shall be as enumerated in Articles 2,3 and 12. §1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds.This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.Time limits established by this schedule approved by the Owner shall not, except for reasonable cause,be exceeded by the Architect or Owner. §1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. §1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES §2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal structural,mechanical and electrical engineering services. §2.2 SCHEMATIC DESIGN PHASE §2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. §2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other,subject to the limitations set forth in Section 5.2.1. §2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. §2.2.4 Based on the mutually agreed-upon program,schedule and construction budget requirements,the Architect shall prepare,for approval by the Owner,Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. §2.2.5 The Architect shall assist the CM at Risk as necessary to develop a preliminary estimate of Construction Cost based on current area,volume or similar conceptual estimating techniques. §2.3 DESIGN DEVELOPMENT PHASE §2.3.1.Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program,schedule or construction budget,the Architect shall prepare,for approval by the Owner,Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,materials and such other elements as may be appropriate. §2.3.2 The Architect shall assist the CM at Risk with development of any adjustments to the preliminary estimate of Construction Cost. §2.4 CONSTRUCTION DOCUMENTS PHASE §2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner,the Architect shall prepare,for approval by the Owner,Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. §2.4.2 The Architect shall assist the CM at Risk in the preparation of the necessary bidding information,bidding forms,the Conditions of the Contract,and the form of Agreement between the Owner and Contractor. AIA Document B151 TM—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or 2 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §2.4.3 The Architect shall assist the CM at Risk in development of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. §2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. §2.5 BIDDING OR NEGOTIATION PHASE The Architect,following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the CM at Risk in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. §2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT §2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. §2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement,unless otherwise provided in this Agreement.Modifications made to the General Conditions,when adopted as part of the Contract Documents,shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. §2.6.3 Duties,responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be restricted,modified or extended without written agreement of the Owner and Architect with consent of the Contractor,which consent will not be unreasonably withheld. §2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. §2.6.5 The Architect, as a representative of the Owner,shall visit the site at intervals appropriate to the stage of the Contractor's operations,or as otherwise agreed by the Owner and the Architect in Article 12, (1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall neither have control over or charge of,nor be responsible for,the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor.However,the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other persons or entities performing portions of the Work. §2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. §2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents.Communications by and with the Architect's consultants shall be through the Architect. AIA Document B151 TM'-1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or 3 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §2.6.9 CERTIFICATES FOR PAYMENT §2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. §2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. §2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. §2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §2.6.12 If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Architect shall specify appropriate performance and design criteria that such services must satisfy.Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals. §2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3,for the Owner's approval and execution in accordance with the Contract Documents,and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. §2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,shall receive from the Contractor and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the AIA Document B1517"—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or 4 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) Contractor,and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. §2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either,and shall not be liable for results of interpretations or decisions so rendered in good faith. §2.6.17 The Architect shall render initial decisions on claims,disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents.However,the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. §2.6.18 The Architect's decisions on claims,disputes or other matters in question between the Owner and Contractor,except for those relating to aesthetic effect as provided in Section 2.6.17,shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES §3.1 GENERAL §3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement,in addition to the compensation for Basic Services.The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner.If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Architect's control,the Architect shall notify the Owner prior to commencing such services.If the Owner deems that such services described under Section 3.3 are not required,the Owner shall give prompt written notice to the Architect.If the Owner indicates in writing that all or part of such Contingent Additional Services are not required,the Architect shall have no obligation to provide those services. §3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES §3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required,the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. §3.2.2 Project Representatives shall be selected,employed and directed by the Architect,and the Architect shall be compensated therefor as agreed by the Owner and Architect.The duties,responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement,unless otherwise agreed. §3.2.3 Through the presence at the site of such Project Representatives,the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work,but the furnishing of such project representation shall not modify the rights,responsibilities or obligations of the Architect as described elsewhere in this Agreement. §3.3 CONTINGENT ADDITIONAL SERVICES §3.3.1 Making revisions in drawings,specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner,including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes,laws or regulations subsequent to the preparation of such documents;or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. AIA Document B151 L—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or 5 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §3.3.2 Providing services required because of significant changes in the Project including,but not limited to,size, quality,complexity,the Owner's schedule,or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. §3.3.3 Preparing Drawings,Specifications and other documentation and supporting data,evaluating Contractor's proposals,and providing other services in connection with Change Orders and Construction Change Directives. §3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings,Specifications and other documentation resulting therefrom. §3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. §3.3.6 Providing services made necessary by the default of the Contractor,by major defects or deficiencies in the Work of the Contractor,or by failure of performance of either the Owner or Contractor under the Contract for Construction. §3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. §3.3.8 Providing services in connection with a public hearing,a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. §3.3.9 Preparing documents for alternate,separate or sequential bids or providing services in connection with bidding,negotiation or construction prior to the completion of the Construction Documents Phase. §3.4 OPTIONAL ADDITIONAL SERVICES §3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. §3.4.2 Providing financial feasibility or other special studies. §3.4.3 Providing planning surveys,site evaluations or comparative studies of prospective sites. §3.4.4 Providing special surveys,environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. §3.4.5 Providing services relative to future facilities, systems and equipment. §3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. §3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. §3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. §3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. §3.4.10 Providing detailed estimates of Construction Cost. §3.4.11 Providing detailed quantity surveys or inventories of material,equipment and labor. §3.4.12 Providing analyses of owning and operating costs. §3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture,furnishings and related equipment. AIA Document B151TM—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or 6 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §3.4.14 Providing services for planning tenant or rental spaces. §3.4.15 Making investigations,inventories of materials or equipment,or valuations and detailed appraisals of existing facilities. §3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints,drawings and other data furnished by the Contractor to the Architect. §3.4.17 Providing assistance in the utilization of equipment or systems such as testing,adjusting and balancing, preparation of operation and maintenance manuals,training personnel for operation and maintenance,and consultation during operation. §3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment,or in the absence of a final Certificate for Payment,more than 60 days after the date of Substantial Completion of the Work. §3.4.19 Providing services of consultants for other than architectural,structural,mechanical and electrical engineering portions of the Project provided as a part of Basic Services. §3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES §4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria, including space requirements and relationships,flexibility,expandability,special equipment,systems and site requirements.The Owner shall furnish to the Architect,within 15 days after receipt of a written request,information necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. §4.2 The Owner shall establish and periodically update an overall budget for the Project,including the Construction Cost,the Owner's other costs and reasonable contingencies related to all of these costs. §4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §4.4 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;adjacent drainage; rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site; locations,dimensions and necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. §4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect.Such services may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with reports and appropriate recommendations. §4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. §4.7 The Owner shall furnish structural,mechanical,and chemical tests;tests for air and water pollution;tests for hazardous materials;and other laboratory and environmental tests,inspections and reports required by law or the Contract Documents. AIA Document B151TM'—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or 7 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §4.8 The Owner shall furnish all legal,accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. §4.9 The services,information,surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense,and the Architect shall be entitled to rely upon the accuracy and completeness thereof. §4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST §5.1 DEFINITION §5.1.1 The Construction Cost shall be the total cost or,to the extent the Project is not completed,the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. §5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed,specified,selected or specially provided for by the Architect,including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor,plus a reasonable allowance for their overhead and profit.In addition,a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. §5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants,the costs of the land,rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. §5.2 RESPONSIBILITY FOR CONSTRUCTION COST §5.2.1 Evaluations of the Owner's Project budget,the preliminary estimate of Construction Cost and detailed estimates of Construction Cost,if any,prepared by the Architect,represent the Architect's judgment as a design professional familiar with the construction industry.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment,over the Contractor's methods of determining bid prices,or over competitive bidding,market or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. §5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget,unless such fixed limit has been agreed upon in writing and signed by the parties hereto.If such a fixed limit has been established,the Architect shall be permitted to include contingencies for design,bidding and price escalation,to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents,to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit.Fixed limits,if any,shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. §5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. §5.2.4 If a fixed limit of Construction Cost(adjusted as provided in Section 5.2.3)is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5;or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. §5.2.5 If the Owner chooses to proceed under Section 5.2.4.4,the Architect,without additional compensation,shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the AIA Document B151*""-1997.Copyright 01974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or 8 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) fixed limit,if established as a condition of this Agreement.The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE §6.1 Drawings,specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project.The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,statutory and other reserved rights,including copyrights. §6.2 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing,using and maintaining the Project,provided that the Owner shall comply with all obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination,the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control.If and upon the date the Architect is adjudged in default of this Agreement,the foregoing license shall be deemed terminated and replaced by a second,nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and,where permitted by law,to make changes,corrections or additions to the Instruments of Service solely for purposes of completing,using and maintaining the Project. §6.3 Except for the licenses granted in Section 6.2,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.However,the Owner shall be permitted to authorize the Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants.The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects,unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. §6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service,the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION §7.1 MEDIATION §7.1.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. §7.1.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in AM Document B151TM—1997.Copyright ©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAQ4 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or 9 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) advance of arbitration or legal or equitable proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. §7.1.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §7.2 ARBITRATION §7.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration,the parties shall endeavor to resolve disputes by mediation in accordance with Section 7.1. §7.2.2 Claims,disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. §7.2.3 A demand for arbitration shall be made within a reasonable time after the claim,dispute or other matter in question has arisen.In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim,dispute or other matter in question would be barred by the applicable statute of limitations. §7.2.4 No arbitration arising out of or relating to this Agreement shall include,by consolidation or joinder or in any other manner,an additional person or entity not a party to this Agreement,except by written consent containing a specific reference to this Agreement and signed by the Owner,Architect,and any other person or entity sought to be joined.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent or with a person or entity not named or described therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. §7.2.5 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. §7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION §8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,prior to suspension of services,the Architect shall give seven days' written notice to the Owner.In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §8.2 If the Project is suspended by the Owner for more than 30 consecutive days,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days,the Architect may terminate this Agreement by giving not less than seven days' written notice. AIA Document B151TM'—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or 10 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. §8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. §8.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. §8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS §9.1 This Agreement shall be governed by the law of the principal place of business of the Architect,unless otherwise provided in Article 12. §9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement. §9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion.In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. §9.4 To the extent damages are covered by property insurance during construction,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement.The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. §9.5 The Owner and Architect,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to an institutional lender providing financing for the Project.In such event,the lender shall assume the Owner's rights and obligations under this Agreement.The Architect shall execute all consents reasonably required to facilitate such assignment. §9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. §9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. §9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the discovery,presence,handling,removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. AIA Document B151n"-1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or 11 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §9.10 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT §10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits,insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. §10.2 REIMBURSABLE EXPENSES §10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project,as identified in the following Clauses: .1 transportation in connection with the Project,and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions,plots,standard form documents,postage,handling and delivery of Instruments of Service; .4 renderings,models and mock-ups requested by the Owner; .5 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .6 reimbursable expenses as designated in Article 12; .7 other similar direct Project-related expenditures. §10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES §10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. §10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable,shall be in proportion to services performed within each phase of service,on the basis set forth in Section 11.2.2. §10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect,compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. §10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions,in accordance with the schedule set forth in Section 11.2.2,based on(1) the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received,the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. §10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. AM Document B151TM—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or 12 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) §10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums withheld from payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. §10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: §11.1 An Initial Payment of Zero Dollars and Zero Cents ($0.00)shall be made upon execution of this Agreement and credited to the Owner's account at final payment. §11.2 BASIC COMPENSATION §11.2.1 For Basic Services,as described in Article 2,and any other services included in Article 12 as part of Basic Services,Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages,and identify phases to which particular methods of compensation apply, if necessary.) Reference Exhibit A for Fee Summary §11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.)Reference Exhibit A Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent ( %) Construction Phase: percent ( %) (Paragraph deleted) Total Basic Compensation one hundred percent ( 100.00 %) §11.3 COMPENSATION FOR ADDITIONAL SERVICES §11.3.1 For Project Representation Beyond Basic Services,as described in Section 3.2,compensation shall be computed as follows: I Scope and Fee shall be defined prior to any additional work. §11.3.2 For Additional Services of the Architect,as described in Articles 3 and 12,other than(1)Additional Project Representation,as described in Section 3.2,and(2)services included in Article 12 as part of Basic Services,but excluding services of consultants,compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees,and identify Principals and classify employees, if required.Identify specific services to which particular methods of compensation apply, if necessary.) Scope and Fee shall be defined prior to any additional work. §11.3.3 For Additional Services of Consultants,including additional structural,mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One and one-tenth ( 1.10 )times the amounts billed to the Architect for such services. AIA Document B151n,—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or 13 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) (Identify specific types of consultants in Article 12, if required.) §11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses,as described in Section 10.2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of One and one-tenth ( 1.10 )times the expenses incurred by the Architect,the Architect's employees and consultants directly related to the Project. §11.5 ADDITIONAL PROVISIONS §11.5.1 If the Basic Services covered by this Agreement have not been completed within ( )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. §11.5.2 Payments are due and payable Fifteen ( 15 )days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 10.00% per annum (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) §11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) City of Wylie Dwayne M.Brinkley, Chairman MA Document B15111,—1997.Copyright©1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or 14 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:06:21 on 10/17/2005 under Order No.1000180790_1 which expires on 5/25/2006,and is not for resale. User Notes: (2224115856) CITY OF WYLIE Item No. 9 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 25, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: October 13, 2005 Budgeted Amount: Exhibits: 4 AGENDA SUBJECT: Hold a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and non-residential development requirements of the Zoning Ordinance. RECOMMENDED ACTION: The Planning and Zoning Commission voted on October 4, 2005, 6—0 to recommend approval. SUMMARY: On May 24, 2005 the City Council adopted the revisions to the Comprehensive Plan, and these revisions to the Plan dictate the need for corresponding revisions to the Zoning Ordinance. The Council held a joint work session with the Planning and Zoning Commission in June to provide policy direction for these revisions. On September 6, the Commission held a work session with developers and builders currently involved in Wylie. At the September 20, 2005 meeting, the Commission finalized the draft recommendations, and held a public hearing on October 4 to receive citizen comments. Notices of the public hearings by the Commission and Council were mailed to all postal addresses within the Wylie zip code as well as published twice in the Wylie News. Three (3) written comments have been received from the public at the time of this posting. Two of these comments encouraged separation or screening between differing land uses and the third spoke to a specific traffic problem rather than to land use. Attached are the proposed development regulations for Article 3/Residential and Article4/Nonresidential and the revised Map of the proposed districts as well as requirements of the current Zoning Ordinance. APPROVED BY: Initial Date Department Director: CT \ 10/13/05 City Manager: /VA' \ 1 AGENDA SUBJECT: Hold a Public Hearing and act upon certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. SUMMARY (Continued): The lot size for all new residential development has been established at 10,000 square feet, 30,000 sq. ft. or 1 acre, and dwelling sizes have been increased for all new lots to 2,400 sq. ft, 2,600 sq. ft. and 3,000 sq. ft. respectively. The Base development requirements for new residential uses have been significantly strengthened, and the flexible system of Desirable value-added choices has been modified. The City-wide Zoning Map has been revised to reflect the reduced number of residential districts, and all currently-zoned land will be classified at the new minimum size of SF-10. Residential properties that are already platted will continue to comply with the dimensional regulations (lot and dwelling size as well as setbacks) which were in force when that property was platted, but must comply fully to the proposed use and proposed Infill regulations. Nonresidential districts have been modified to convert the Business Center (BC) District to Light Industrial, with reduced setbacks which conform to the existing platting patterns of these older areas. The development requirements for nonresidential uses remain largely as currently-adopted except for increased landscaping. ORDINANCE NO. 2005-58 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE DEVELOPMENT REGULATIONS FOR RESIDENTIAL AND NONRESIDENTIAL DISTRICTS OF WYLIE'S COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP, NO. 2001-48, PASSED AND APPROVED ON THE 13TH DAY OF NOVEMBER 2001, TOGETHER WITH ALL AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie Texas ("Wylie") to amend Article 3 (Residential District Regulations) and Article 4 (Nonresidential District Regulations) of Wylie's Comprehensive Zoning Ordinance as amended, and to amend certain areas of the Comprehensive Zoning Map correspondingly; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance and Comprehensive Zoning Map No. 2001-48, together will all amendments thereto as set forth below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. That revised Article 3 Residential District Regulations and revised Article 4 Nonresidential District Regulations of the Comprehensive Zoning Ordinance of the City of Wylie, Texas, are incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. That the Comprehensive Zoning Map of the City of Wylie, Texas, as amended herein is hereby adopted and incorporated as part of this Ordinance. SECTION 3. 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. Ordinance No.2005-58 Revision to Zoning Ordinance 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 Article 3 and Article 4 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, on this 25th day of October, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 2,2005 Ordinance No.2005-58 Revision to Zoning Ordinance reZoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 LOW-DENSITY RESIDENTIAL DISTRICTS 1717 A. Agricultural District(AG/30)District B. Single Family- 1 Acre District(SF-1A/30)District 18 SECTION 3.2 MEDIUM-DENSITY RESIDENTIAL DI T_' - 1919 A. Single Family-20 District(SF-20/2: B. Single Family- i R. rict 1/2, 20 • A 21 SECTION 3.3 . •+ TRICTS 921 A. s� to B. . .1y District(MF) 22 C. Manufactured Home District(MH) 23 D. Infill Residential District(IF) 24 SECTION 3.4 RESIDENTIAL DESIGN STANDARDS 2424 A. Desirable Design Attributes B. Purpose of Residential Design Standards 24 C. Design Standards Review 24 D. Land Design Standards 32 E. Street and Sidewalk Standards 36 F. Architectural Standards 42 Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page I TABLE OF CONTENTS Amended September 2003 Zoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 LOW-DENSITY DISTRICTS The Comprehensive Master Plan calls for the establishment of low density residential areas throughout Wylie in order to preserve and replicate the rural environment. These districts provide for very low density residential development and agricultural land uses which will preserve the rural amenities and character. A. Agricultural District(AG/30) 1. Purpose: Land within Wylie which is presently used • .urposes and to which urban services may not yet be available should ••tinue s-• fo h agricultural purposes until needed for urban purposes •• •• ormi, the •mpr ive Master Plan. It is anticipated that ids c +ed fo + 'cultural •oses will eventually be used for more u s• ity , . annexed areas that are predominantly to be used for r- i • . ; - •ed . an agricultural district until other zoning is required. 1 2. Permitted s •.rt in Artic e 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Agricultural District, including density,height, lot and unit size. Figure 3-1 -Agricultural District(AG/30) Lot Size Lot Area(sq. ft.) Minimum 2 acres Lot Width(feet) 200 Lot width of corner Lots (feet) 230 Lot Depth(feet) 300 Lot Depth of Double Front Lots(feet) 300 Dwelling Regulations Minimum Square Footage 3,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 50 Side Yard(feet) 20 Side Yard of Corner Lots(feet) 50 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 50 Rear Yard Double Front Lots (feet) 50 Height of Structures Main Structure(feet) 40 Accessory Structure(feet) 20 Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 17 Amended September 2003 rig Zoning Ordinance 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals,or for the storage of agricultural equipment, supplies,or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. d. Accessory structures on lots greater than 5 acres in area do not have to be behind the rear building line of the main structure. B. Single Family- 1 Acre District(SF-1A/30) 1. Purpose: SF-1A/30 is a single famil - '.en . f ho on individual lots and requiring a minimum lot s• - of 0 cu • iii .f ultural cr e allowed but no large animals are al 2. Permitted Uses: S: I i, - ion 5.1. 3. Development Stan' •llowmg are the yard,lot and space requirements for the Single Family — 1 Acre District,inc uding density,height, lot and unit size. Figure 3-2-Single Family-1 Acre District(SF-1A/30) Lot Size No Large Animals Lot Area(sq. ft.) Minimum 1 acre Lot Width(feet) 150 Lot width of corner Lots (feet) 175 Lot Depth(feet) 200 Lot Depth of Double Front Lots (feet) 200 Dwelling Regulations Minimum Square Footage 3,000 See Section 3.4 Residential Design Standards Design Standards Level of Achievement Yard Requirements—Main Structures Front Yard(feet) 90 Side Yard(feet) 20 Side Yard of Corner Lots (feet) 40 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 50 Rear Yard Double Front Lots (feet) 50 Height of Structures Main Structure(feet) 40 Accessory Structure(feet) 20 Page 18 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or small animals, or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. SECTION 3.2 MEDIUM-DENSITY RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the development of medium • • tial areas to provide housing for most of the community's population. o ulation. These distri - it amily, detached housing on larger lots with wide setbacks in order to replicate -'s • i • • I A. Single Family-20 Distri M SF 0 Ai 1. Purpose: SF-21 •sir . • • .1 owing detached houses on individual lots and req ' '• 0 • s'. •,v 00 square feet. 2. Permitted Uses . Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-20/26 District,including density,height, lot and unit size. Figure 3-3-Single Family 20 District(SF-20/26) Lot Size 20,000 Lot Area(sq. ft.) Lot Width(feet) 100 Lot width of corner Lots (feet) 115 Lot Depth(feet) 150 Lot Depth of Double Front Lots(feet) 170 Dwelling Regulations Minimum Square Footage 2,600 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 Side Yard(feet) 15 Side Yard of Corner Lots (feet) 30 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 30 Rear Yard Double Front Lots (feet) 50 Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 19 Amended September 2003 leZoning Ordinance Height of Structures Main Structure(feet) 40 Accessory Structure(feet) 40 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. B. Single Family-10 District(SF-10/24) 1. Purpose: SF-10/24 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 10,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are th- - •,lot ace ents e Single Family-10/24 District, includin. :ensi of • r Figure 3- t F ' 4) Lot Size Lot Area(sq.ft.) 10,000 Lot Width(feet) 75 Lot width of corner Lots (feet) 90 Lot Depth(feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 2,400 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 25 Side Yard(feet) 10 Side Yard of Corner Lots(feet) 25 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 45 Height of Structures Main Structure(feet 40 Accessory Structure(feet) 14 4. Additional Provisions: Refer to additional requirements in Article 7,General Development Standards. Page 20 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance SECTION 3.3 HIGH-DENSITY RESIDENTIAL DISTRICTS High-density residential uses provide smaller-sized housing for entry and exit sized families as well as support for businesses. A. Townhouse District(TH)) 1. Purpose: The TH district is a single family residential district allowing between 2 and 7 attached houses on individual lots and requiring a minimum lot size of 3,500 square feet. The Townhouse District is intended to provide flexibility for development of properties that are providing open space,preserving natural areas of value,or avoiding areas with environmental hazards. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard,lot and space requirements for the Townhouse District, including density,height,lot and unit size. Figure 3-5—Townhous . rict Lot Size Lot Area (sq. ft.) 0 -exterior w/side yards ,000 -interior wino side yards Lot Width(feet) 30 Lot width of corner Lots 45 Lot Depth(feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 1,000 -Duplex(2 dwellings) 1,200 -others (3+dwellings) Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 20 Side Yard(feet) 0 or 5 Side Yard of Corner Lots (feet) 15 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots(feet) 45 Height of Structures Main Structure(feet 40 Accessory Structure(feet) 14 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 21 Amended September 2003 711,1 Zoning Ordinance B. Multifamily District(M1) 1. Purpose: The MF district allows for high density residential development immediately adjacent to shopping and activity centers. The Multifamily District provides for the development of smaller, attached dwelling units on the same lot. Dwellings may be placed in one or more buildings and multiple buildings may be developed on the same lot. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard,lot and space requirements for the Multifamily District,including density,height, lot and unit size. Figure 3-6-Multifamily District(MF) Lot Size Lot Area(sq. ft.) 43 •' Lot Width(feet) 100 at str: ._ — ratio of 1:3 or less Lot width of corner Lots (feet NA Lot De.th(feet) A • -width ratio of 1:3 or less Lot Depth of Double Front NA Dwelling Regulations Minimum Square Footage EF-750 sf; 1 BR-900 sf; 2 BR- 1,000 sf—No more than 2 BR Maximum Density 15 Dwelling Units/Gross Acre Building Separation between detached buildings (feet) 20 or height of building,whichever is greater. Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 from any street frontage Side Yard(feet) 20 from any interior lot line Side Yard of Corner Lots(feet) NA Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 20 from any interior lot line Rear Yard Double Front Lots (feet) NA Height of Structures Main Structure(feet 40 Accessory Structure(feet) 14 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. Page 22 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 ell Zoning Ordinance C. Manufactured Home District(MH) 1. Purpose: The Manufactured Home District allows for manufactured home subdivisions. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Are provided for Manufactured Home Subdivision_These development standards are shown in the following charts. Figure 3-7-Manufactured Home(MH) Lot Size Lot Area(sq. ft.) 7, Lot Width(feet) r A Lot width of corner Lo 70 Lot Depth(feet) 100 Lot Depth of Double Fr eet 120 Dwelling Regulations Minimum Square Footage 1,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 25 Side Yard(feet) 10 Side Yard of Corner Lots (feet) 20 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 40 Height of Structures Main Structure(feet 30 Accessory Structure(feet) 14 4. Additional Provisions for Manufactured Home: a. Refer to additional requirements in Article 7, General Development Standards. b. Manufactured housing design and construction will comply with manufactured housing construction and safety standards published by the department of housing and urban development pursuant to the requirements of the Texas Manufactured Housing Standards Act (Vemon's Ann. Civ. St. art. 5221f, as amended)and all manufactured housing will be subject to inspection by the building official. c. All manufactured housing within a subdivision shall be set on a solid slab structure or pier and beam foundation. Additional rooms in the subdivision, such as enclosed porches, etc., shall be constructed on a solid slab. d. Accessory buildings will be either manufactured or constructed in accordance with city codes. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 23 Amended September 2003 reZoning Ordinance D. Infill Residential District(IF) 1. Purpose: The Infill Residential District accommodates new residential uses as infll or redevelopment of previously platted areas with the lot and dwelling size of the previous code requirements. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard,lot and space requirements for the Infill Residential District, including density,height,lot and unit size. SECTION 3.4 RESIDENTIAL DESIGN STANDARDS A. Desirable Design Attributes All properties must meet ba - -id atr evi. i . s n for Lan sign, Street and Sidewalks, and Archi • •• .,•dig i st also select a certain number of desirable design star.. 1 tries. e available desirables are detailed in the following sections. B. Purpose of Residenti - tgn Standards 1. Land Design Standards.The purpose of the Land Design Standards is to provide for public sidewalks and pathways and to provide public access to open space,to provide enhancements along pathways. 2. Street and Sidewalk Standards.The purpose of the Street and Sidewalk Standards is to provide for street treatments,pedestrian sidewalk and crosswalk standards, and to address location criteria of subdivisions adjacent to major thoroughfares. 3. Architectural Standards.The purpose of the Architectural Standards is to provide standards for exterior facades,roof quality, repetition of residential unit designs,garage doors,and façade upgrades in village residential areas. C. Design Standards Review 1. All residential development shall achieve at a minimum the required number of desirable design attributes in Figures 3-9 and 3-10. 2. Details of the Land Design Standards are included in Subsection D, details of the Street and Sidewalk Standards are included in Subsection E, and details of the Architectural Standards are in Subsection F. FIGURE 3-8—DESIGN STANDARDS INDEX Category Figure;;. New Residential Development Requirements See Figure 3-9 Infill Residential Requirements See Figure 3-10 Page 24 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 FIGURE 3-9 New Residential Development Requirements A.Land Design Requirements-With Open Space Adjacency (With adjacency to floodplains,open space,utility easements,or Lake Lavon or Lake Ray Hubbard.) Page# Element Base Standard Desirable (All development must comply fully with all listed below) (Each development must select 3 of the 5 desirables listed below) 39 Public Open Space Connection 30 ft wide buffer with 8 ft wide trail to rear of houses besides open Single-loaded street along open space. space and perpendicular to 30'wide access. Perimeter Screen Along Thoroughfares 40 ft wide buffer,w/6 ft wrought iron between brick or stone Increase buffer los width backing %,or slip i sg reon thoroughfare with columns(50 ft o.c.)or landscaped eathern berm(3:1 slope) no 39 Perimeter Walkways and Landscape Large canopy trees 50 ft.o.c.and 5 ft concrete walk Mixture of la walk/trail,benches atnodge/canopy es small/ornamental trees and 41 Furnishings along open space Solar-controlled lighting on 10- 12 ft decorative poles every 100 a.Trees 30 ft o.c.maximum,with down lighting connections and trails ft,common throughout and ground-level lights Benches with backs every 1/2 mile or portion thereof b.Exercise apparatus every 1/4 mile Decorative paving and cross-walks at street connectors FIGURE 3-9 New Residential Development Requirements B.Land Design Requirements-Without Open Space Adjacency (Without adjacency to floodplains,open space,utility easements,or Lake Lavon or Ray Hubbard.) Desirable Page# Element Base Standard (All development must comply fully with all listed below) (Each development must select 3 of the 5 desirables listed below) Land Disturbance Minimal land disturbance,balanced cut and fill with maximum Landscape trees tree preservation Perimeter Screen Along Thoroughfare 40 ft wide buffer,w/6 ft wrought iron between brick or stone Residentialckllonts fg facr sm�g onstrthet/parkway y with no lots columns(50 ft o.c.)or landscaped earthen berm Mixture of large and small trees,with 8 ft wide walk 39 Perimeter Walkways and Landscape Large trees 50 ft.o.c.,with 5 ft concrete walk Furnishings for Perimeter Buffer Solar-controlled lighting on 10- 12 ft decorative poles every 100 a.Trees 30 ft o.c.maximum,with down lighting ft,common throughout and ground-level lights Detention ponds,fountains or pools b.Exercise apparatus every 1/4 mile Decorative paving and cross-walks at street connectors it !f� FIGURE 3-9 New Residential Development Requirements C.Street and Sidewalk Requirements (For all Residential Districts) Desirable Page# Element Base Standard (All development must comply fully with all listed below) (Each development must select 2 of the 4 desirables listed below) 43 Curvilinear Streets Curvilinear streets(minimum 25%between 3&23 degrees) 43 Entry Features and Medians Architectural features on stone screen wall or stone monument(no Wrought iron accent panels,or water feature,or 2 or brick)within landscaped median to first cross street,with more different type/color of stone(can be synthetic or decorative paving and cross-walks cultured) 43 Signage at Entries Incorporated into screen wall or monument sign within median Includin block numbers,incorporated with street lighting Unique neignborhood design,or back-lighted Street Name Signs g coordinated throughout 44 Pedestrian Crosswalks 7 ft.,connected system of decorative pavers 10 ft or wider,decorative pavers 45 Sidewalks 5 ft concrete,both sides of street,meandering continuous pathway 54 Mail Boxes Paired at lot line on SF-10 Lots or lower.Number plaque,brick Stone,same house exterior trim same as resident. 46 Sidewalk Lighting Low-illumination with solar controls,on decorative poles every 150 ft(intersections&mid-block) 47 Perimeter Alleys No alley connection to thoughfare,or screened from thoroughfares, no lots face thoroughfares FIGURE 3-9 New Residential Development Requirements D.Architectural Requirements (For all Residential Districts) Desirable Page# Element Base Standard (All development must comply fully with all listed below) (Each development must select 5 of the 10 desirables listed below) Building Bulk and Articulation Minimum 25%street façade offset minimum 2 ft,minimum 60% total area on 1st floor of 2-story Lighted front wall plaque House Numbers Stone plaque with number beside main entry 49 Exterior Façade Material 100%kiln-fired clay brick,stone or masonry stucco,with 20% stone or decorative brick accent 50 Porch 40 square feet covered front entry,and 100 sq ft covered back or 60 sq ft or larger front entry,or connected wrap-around two or more sides,or pitched cover incorporated into roof side entry lines of house 50 Chimneys Chimney enclosed with masonry matching exterior walls and 40%stone to match house accent material capped 51 Roof Pitch 8:12 minimum roof pitch;with articulation,dormers or hip/gable 51 Roof Materials Architectural-grade overlap shingles,tile or standing seam metal, no wood shingles,paint rooftop accessories to match Roof Eaves No wood fascia or soffit 52 Repetition of floor plan and elevation 7 lots skipped on same side of street before repeating similar floor 9 9 lots or skipped on flippe and same side of street before repeating plan and elevation, 4 lots skipped opposite side of street,and no identical or flipped 6 lots skipped on opposite side of street floor plans side by side or directly across street Dwelling Size Minimum dwelling size exclusive of garages and breezeways 53 Garage entry No doors facing primary street front Storage(Built In) Minimum 100 square feet of storoage space built in to garage or 200 sq ft and or moredire access ltin t oage,separate side or rear yard room or larger separate room Fencing Front:4 ft maximum height,50%transparaent,wood or wrought Board on Board or Wrought Iron iron. Side/Rear:8 ft maximum height,wood w/metal posts&rails to inside.(No pressure treated wood). Landscaping Established front lawn and minimum 2 trees and 5 shrubs in front Automated,subsurface irrigation system yard Outdoor Lighting Front entry and drive/garage illunimated by standard porch light Fawn façadeht(tree-or house-mounted) rage illuminated or d up-light (house-mounted),and front-and side-yard activity areas illuminated,wired to interior. Certified USGBC or LEEDS for energy and water. Conservation/Sustainability Complies with Energy component of Building Code by f rill Zoning Ordinance ARTICLE 4 NONRESIDENTIAL DISTRICT REGULATIONS SECTION 4.1 COMMERCIAL DISTRICTS 2 A. Neighborhood Service (NS) 2 B. Community Retail (CR) 3 C. Commercial Corridor D. 'ct ( 3 SECTION 4. ' ^ ril ' ik 4 `i- t (L 4 1 stna District (HI) 5 SECTION 4.3 NONRESIDENTIAL DESIGN STANDARDS 7 A. Desirable Design Attributes 7 B. Purpose of Nonresidential Design Standards 7 C. Design Standards Review 7 D. Site Design Standards 8 E. Landscaping Requirements 9 F. Architectural Requirements 10 July 24, 2001 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page i TABLE OF CONTENTS reZoning Ordinance ARTICLE 4 NONRESIDENTIAL DISTRICT REGULATIONS SECTION 4.1 COMMERCIAL DISTRICTS Commercial land uses provide retail goods and personal services as well as employment opportunities to support the local residential population,public sales tax revenues to supplement property taxes. To serve the future population,three types of commercial categories exists, defined by their primary service function. Commercial districts provide a focus for institutional,commercial, entertainment and service- related uses for the neighborhood residents. Residential uses within and g-• •jat to the commercial district provide a customer base for businesses loca A. Neighborhood Service(NS) 1. Purpose: The Nei.) •• -•• ' priM • or venience r i shopping,personal services, and pro `• •all .• e of the neighborhoods within and around the villag: cI• ment within the village center in the NS district should be compa • e, • -r and intensity with the surrounding residential neighborhoods. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Neighborhood Service District. Figure 4-1—Neighborhood Service District(NS) Height Height of Main Structure(feet) 36 Number of Stories 2 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 10 Lot Coverage 45 % Buffering and Screening Double Side&Rear Setback— Nonresidential Use Adjacent to Single Family 10' required landscaping w/screening Double Side&Rear Setback— Nonresidential Use Adjacent to Multifamily 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. Page 2 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 PIP Zoning Ordinance B. Community Retail(CR) 1. Purpose: The Community Retail District allows for the development of higher intensity uses providing shopper and consumer goods, retail and personal services beyond the village centers. Community Retail districts support several neighborhoods and are located adjacent to commercial corridors,business parks or industrial parks within the Comprehensive Plan. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard,lot and space requirements for Community Retail District. Figure 4-2-'C ni istri R) Height Height of I 36 Number of' 2 Residential 3 : 1 slope from residential lot line Building PI cement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 10 Lot Coverage 45 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side&Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side&Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Standards. C. Commercial Corridor District(CC) 1. Purpose: The Commercial Corridor District allows for the retail,personal service, office and light commercial needs of the residents of Wylie at a scale, character and intensity that is higher than allowed in the Neighborhood Services and Community Retail Districts. The commercial corridor district has enhanced design and development standards to ensure the urban design quality and image recommended in the Comprehensive Plan. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for Commercial Corridor District. February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 3 reZoning Ordinance Figure 4-3—Commercial Corridor District(CC) Height Height of Main Structure(feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 10' Lot Coverage Buffering and Screening Side ear Setback— Nonresidential Use Adjacent to Sine -. IA 1 1 ,aired lan ping w/screening 0 ..uble Side&Rear Setback— Nonresidential Use Adlir 5' required landscaping w/screening Service and Loading ' Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. SECTION 4.2 INDUSTRIAL DISTRICTS The purpose of the Industrial District is to provide a location where the major employment base of the community can be located with minimum impact on residential neighborhoods.Within the industrial district the primary focus should be industrial and commercial uses that serve regional, state and national markets with support retail, office,and business-serving commercial uses as needed. A. Light Industrial District(LI) 1. Purpose: Light Industry includes less-intensive assembly,warehousing and distribution of products from previously prepared materials and parts. Excluded uses include,but are not limited to meat packing, chemicals and petroleum processing and manufacturing and foundries. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Industrial District. Page 4 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27,2002 Zoning Ordinance Figure 4-4—Light Industrial District(LI) Height Height of Main Structure(feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 25 Lot Coverage Buffering and Screening uble &Rear Setback— Nonresidential Use Adjacent to 3' 5'Arequir dscaping w/screening 1 Double Side&Rear Setback— Nonresidential U y 15' required landscaping w/screening Service and Loa, till Not visible from public street or adjacent residential uses B. Heavy Industrial District(HI) 1. Purpose: Heavy industry generally includes the more intensive processing and manufacturing of raw materials into usable products,and such operations normally create the most obnoxious consequences. Heavy industry requires access to regional transportation(highway and rail) and resources(water)as well as special utilities, and should be isolated or buffered from other land uses on larger campus settings. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Industrial District. February 27,2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 5 reZoning Ordinance Figure 4-5—Heavy Industrial District(III) Height Height of Main Structure(feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from r 'al lot line Building Placement and Coverage Front Yard Setback(feet) Side Yard Setback(feet) ro A Rear Yard Setback(feet 25 Lot Coverage 50 % Buffering and Screening Double Side&Rear Setback— Nonresidential Use Adjacent to Single Family 25' required landscaping w/screening Double Side&Rear Setback— Nonresidential Use Adjacent to Multifamily 15' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. Page 6 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27,2002 Zoning Ordinance SECTION 4.3 NONRESIDENTIAL DESIGN STANDARDS A. Desirable Design Attributes All properties must meet base requirements provided in this section for Site Design,Landscaping,and Architectural Features. In addition,properties must also select a certain number of desirable design standards from each of these categories. The available desirables are detailed in the following sections. B. Purpose of Nonresidential Design Standards 1. Site Design Standards. The purpose of the Site Design Standards is to provide for building and parking placement, access drives and the location of service and loading areas. 2. Landscaping Standards.The purpose of the Landscaping Standards is to • - 'de for landscaping in required yards,parking lots and street frontages. 3. Architectural Features.The purpose of the Ar. r. is • wide for exterior building materials,building arti ,rm . ,sin .4 chit-• compatibility. C. Design Standards Re 1. All nonresidential 4 •• t a minimum the required number of desirable design attributes discusse, s a ough 4-8. 2. Details of the Site •-sign Standards are included in Subsection D, details of Landscaping Standards are included in Subsection E, and details of the Architectural Features are in Subsection F. February 27,2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 7 Requirements for Non-Residential Development FIGURE 4-6 SITE DESIGN REQUIREMENTS Page# Element Base Standard Desirable (All development must comply fully with all listed below) (Each development must select 4 of the 9 desireables listed below) 61 Building Placement a.Entrances and/or facades oriented to the street. a.Building at the front yard line. b.Building footprints no greater than 20,000 b.Individual buildings w/footprints c.Multiple buildings placed to create plazas,courtyards, =or< 10,000 square feet. landscaped areas w/connecting walkways. c.Front facade oriented to the street. 62 Parking Placement a. To extent possible,parking to side and rear of building a. Site plan with no parking in front of the building. in NS,CR. and CC Districts. b.Building with no more than one row parking in b.Parking spaces at least 10'from residential lot line. front. 63 Access Drives a.Minimum width of 24'turning radius of 25'. a.Combined access points with adjacent tracts. b.Access drive at least 150'from intersection. b.Direct connection between buildings and street. c.Access drives serving developments greater than c.Any development not able to meet base standard 30,000 sq.ft. shall have separated median, "b"shall be required to earn 10 additional points. or be separated at least 150'from each other. d.Landscaped treatment of entrances 64 Location of Service and a. Service and loading areas shall not be visible from a public a.Not visible from public street but provide masonry Loading Areas street or adjacent residential lot. screening. b.Developments unable to meet the above are required to have masonry screening walls w/gates. Requirements for Non-Residential Development FIGURE 4-7 LANDSCAPING REQUIREMENTS Page# Element Base Standard Desirable (All development must comply fully with all listed below) (Each development must select 4 of the 8 desireables listed below) 64 Landscaping in Required a.At least 20%of site shall be landscaped in a.Landscaping that exceeds the minimum by 10%. Yards NS,CR,&CC Districts; 10%of site in LI and HI b.Landscaping in side and rear yard not otherwise b.Landscaping is required in the front yard. required. Districts. c.Landscaping is required in side and rear yards adjacent to,or across the street from residential. 65 Landscaping of Parking a. Site plans requiring more than 12 spaces required to a.Landscaping 10%or more in excess of Lots have 50 sq.ft.of landscaping per space. 50 sq.ft./space b.No parking space further than 60'from landscaped area b.Parking lots with no space further than 40 feet from on site. a landscaped area. c.Parking rows 12 spaces or longer shall have landscaped c.Landscaped pedestrian connection to main entrance. islands at end. d.All parking rows shall have landscaped areas at least every 12 spaces. 66 Visual Screening a.Required screening in strip at least 5'wide,plants 3'in height when planted,include one flowering tree for every 20 linear feet of area. 66 Landscaping of Street a.At least 50%of required front yard developed as landscaped a.Use of rock walls or other natural landscape Frontages buffer,at least 10' in width. features. b. Trees required in buffer,in groves or belts on a 30—40' b.Increase in minimum width of landscape buffer by spacing. 20%. c.Required trees at least 3"in caliper. c.Provision of special benches,pedestrian lighting d.At least 4'meandering concrete walkway on other streetscape elements. perimeter when adjacent to thoroughfare. Requirements for Non-Residential Development FIGURE 4-8 ARCHITECTURAL REQUIREMENTS Page# Element Base Standard Desirable (All development must comply fully with all listed below) (Each development must select 3 of the 7 desireables listed below) 68 Building Materials a.Buildings constructed of fired clay brick with at least 20% a.Use of two complementary primary facade stone on front façade in NS,CR,CC,LI and HI Districts. materials to help achieve facade articulation, b.Roofs with pitch greater than 2:12 use specified roofing visual variety and/or architectural detailing. materials. b.Use of architectural detailing and/or materials c.Buildings should copy architectural styles and details, to provide variety in visual appearance. design themes,building materials,and colors of the c. Copy same style entire block. surrounding new development context w/in 200 ft of a corner,no franchise design. 68 Building Articulation,Form a.Walls not exceed height width ratio of 1 to 2 without a.Application of base standards to facades not and Massing variation in massing of facade.At least 25%of façade facing a public street. offset at least 4'. b.Use of Architectural detailing and/or b.Entrances must be emphasized with architectural materials to provide variety in visual elements. appearance. c. Ground floor facades in NS,CR,&CC Districts required specified features along 60%of length. 71 Architectural Compatibility a.Buildings in the NS and CR Districts shall be a.Buildings with pitch roofs meeting minimum architecturally compatible with surrounding requirement of residential development. t neighborhoods. b.Buildings with hip roof sections,dormers or b.Buildings in CC District adjacent or within 200' two or more gable roof sections at right of residential areas shall be architecturally compatible. angles to each other. , PD NS.-* .j.,.. .. t41 Legend: VII-11 '"E'..i, ,., .. 71..4„,+ cc-co,r.-••"'V.,57:4°. BC-a...T.* s •7 I,;. ' ......,' IRdueno.. p.....,,, 1,,,,. ,--I SUP-SP.."'Ut. 1 54.,96 .''X II: r==3 21.nA730Plflt V.V.'47:4 iosoll RR-14' P°-PIPPP"I eMPPer CZ.) Sr-72/11: - &v.Fon*I OM°.q" ' • =I Sr:4 _ 7.rnhouRR , Xi- ik.".."PY Unice C=31---.1 r°71H-lill:dria,',D''''":7n'W'''''''''''C4hrici gm=1 NS-.4.4•••'•••Roon C=3 CM-ConwRuRRY ...t,.. I::)RA,F T SUP-96 27 \;N„ ..." 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' A , '''''' i ,• pirMni-R 7 005 .44111111E 4 e'.." nr-r ri mpf I, 'On', , • 4::::)F w),,L 1 E ,- rill' - -48 R iDi NANIC E /542. 9.91„,,, 1/ 8,. 2001 -5; 4111'.-4 11 /• °-' L Z IAC) I / 1 --- N OVE M BE RNI 20011Vijk P , ... ..._...___.._......._ ______... _ .._._..,. ..., Zoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 COUNTRY RESIDENTIAL DISTRICTS 17 A. Agricultural District(AG/28) 17 B. Single Family- 1 Acre District(SF-1A/26) 18 SECTION 3.2 SUBURBAN RESIDENTIAL DISTRICTS. . 19 A. Single Family-30 District(SF-30/- 19 B. Single Family-21 ' •' 1 20 � C. S.r 21' e ; 1 • SECTION 3.3 • '. • AL DISTRICTS 22 A. - Fami y— 8.5 District(SF-8.5/17) 22 B. Townhouse District(TH) 73 C. Multifamily District(MF) 24 D. Manufactured Home District(MH) 25 SECTION 3.4 RESIDENTIAL DESIGN STANDARDS 28 A. Points Required 28 B. Purpose of Residential Design Standards 28 C. Design Standards Review 28 D. Land Design Standards 39 E. Street and Sidewalk Standards 43 F. Architectural Standards 49 Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page i TABLE OF CONTENTS Amended September 2003 Zoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 AGRICULTURE & SINGLE FAMILY— 1 ACRE DISTRICTS The Comprehensive Master Plan calls for the establishment of country residential areas outside of the village centers and its surrounding suburban residential areas where the country and or rural atmosphere can be preserved. These districts provide for very low density residential development and agricultural uses which will preserve the amenities of a rural environment and provide a buffer between the village centers and its adjacent development. A. Agricultural District(AG/28) 1. Purpose: There exists in parts of the City, land which is presently used for agricultural purposes and to which urban services may not yet be available. These lands should continue to be used for agricultural purposes until needed for urban purposes in conformity with the City's Comprehensive Master Plan. It is anticipated that lands currently zoned and used for agricultural purposes will eventually be used for more urban purposes as the City develops. Newly annexed areas that are predominantly used for agricultural purposes may be zoned as an agricultural district until other zoning is required. Agricultural districts outside of the Comprehensive Master Plan's designated village centers would be expected to be rezoned to a country residential district in the future. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Agricultural District, including density, height, lot and unit size. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 17 Amended September 2003 peZoning Ordinance Figure 3-1 -Agricultural District(AG/28) Lot Size Lot Area(sq. ft.) Minimum 2 acres Lot Width(feet) 200 Lot width of corner Lots (feet) 230 Lot Depth(feet) 300 Lot Depth of Double Front Lots (feet) 300 Dwelling Regulations Minimum Square Footage 2,800 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 50 Side Yard (feet) 20 Side Yard of Corner Lots (feet) 50 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 50 Rear Yard Double Front Lots(feet) 50 Height of Structures Main Structure(feet) 36 Accessory Structure(feet) 36 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals, or for the storage of agricultural equipment, supplies,or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. d. Accessory structures on lots greater than 5 acres in area do not have to be behind the rear building line of the main structure. B. Single Family- 1 Acre District(SF-1A/26) 1. Purpose: SF-1A/26 is a single family residential district for detached houses on individual lots and requiring a minimum lot size of 1 acre without any large animals and a minimum lot size of 2 acres with large animals. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family — 1 Acre District, including density,height, lot and unit size. Page 18 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 reZoning Ordinance Figure 3-2- Single Family 1 Acre District(SF-1A/26) Lot Size No Large Animals With Large Animals Lot Area(sq. ft.) Minimum 1 acre Minimum 2 acres Lot Width(feet) 150 200 Lot width of corner Lots (feet) 175 230 Lot Depth(feet) 200 300 Lot Depth of Double Front Lots (feet) 200 300 Dwelling Regulations No Large Animals With Large Animals Minimum Square Footage 2,600 2,600 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 90 50 Side Yard(feet) 20 20 Side Yard of Corner Lots (feet) 40 50 Side Yard of allowable nonresidential use (feet) 30 30 Rear Yard(feet) 50 50 Rear Yard Double Front Lots (feet) 50 50 Height of Structures Main Structure(feet) 36 36 Accessory Structure (feet) 36 36 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. SECTION 3.2 SUBURBAN RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the development of suburban residential areas surrounding the village centers. These districts allow for single family, detached housing within the rings surrounding the village centers. Higher density single family districts are more appropriate close to the village centers while the lower density districts may be placed further away from the village centers. A. Single Family-30 District(SF-30/24) 1. Purpose: SF-30/24 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 30,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. Adopted November 2001 ARTICLES—RESIDENTIAL DISTRICT REGULATIONS Page 19 Amended September 2003 Zoning Ordinance 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-30/24 District, including density,height, lot and unit size. Figure 3-3-Single Family 30 District(SF-30/24) Lot Size Lot Area(sq. ft.) 30,000 Lot Width(feet) 125 Lot width of corner Lots (feet) 140 Lot Depth(feet) 175 Lot Depth of Double Front Lots (feet) 195 Dwelling Regulations Minimum Square Footage 2,400 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 Side Yard(feet) 15 Side Yard of Corner Lots (feet) 30 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 30 Rear Yard Double Front Lots(feet) 50 Height of Structures Main Structure(feet) 36 Accessory Structure(feet) 36 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. B. Single Family-20 District(SF-20/21) 1. Purpose: SF-20/21 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 20,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-20/21 District, including density, height, lot and unit size. Page 20 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 p+19Zoning Ordinance Figure 3-4- Single Family 20 District(SF-20/21) Lot Size Lot Area(sq. ft.) 20,000 Lot Width(feet) 100 Lot width of corner Lots (feet) 115 Lot Depth(feet) 150 Lot Depth of Double Front Lots (feet) 170 Dwelling Regulations Minimum Square Footage 2,100 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 Side Yard(feet) 15 Side Yard of Corner Lots (feet) 30 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 30 Rear Yard Double Front Lots (feet) 50 Height of Structures Main Structure (feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. C. Single Family- 10 District(SF-10/19) 1. Purpose: SF-10/19 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 10,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-10/19 District, including density, height, lot and unit size. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 21 Amended September 2003 reZoning Ordinance Figure 3-5 - Single Family 10 District(SF-10/19) Lot Size Lot Area(sq. ft.) 10,000 Lot Width(feet) 75 Lot width of corner Lots (feet) 90 Lot Depth(feet) 100 Lot Depth of Double Front Lots(feet) 120 Dwelling Regulations Minimum Square Footage 1,900 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 25 Side Yard(feet) 10 Side Yard of Corner Lots (feet) 25 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 45 Height of Structures Main Structure (feet 36 Accessory Structure (feet) 36 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. SECTION 3.3 VILLAGE RESIDENTIAL DISTRICTS Village Residential Districts provide for appropriate land uses and density of uses within locations designated as village centers in the Comprehensive Master Plan. Residential uses within and immediately adjacent to the village centers provide a built-in support network for businesses located within it. Village centers provide a focus for civic, commercial, entertainment and service-related uses for a neighborhood. A. Single Family—8.5 District(SF-8.5/17) 1. Purpose: The SF-8.5/17 district is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 8,500 square feet. This is the highest density single family detached housing residential zoning allowed in Wylie and is intended to be adjacent to village centers. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-8.5/17 District, including density, height, lot and unit size. Page 22 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 1WZoning Ordinance Figure 3-6- Single Family 8.5 District (SF-8.5/17) Lot Size Lot Area(sq. ft.) 8,500 Lot Width (feet) 70 Lot width of corner Lots (feet) 75 Lot Depth(feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 1,700 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 25 Side Yard(feet) 7 Side Yard of Corner Lots (feet) 25 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 45 Height of Structures Main Structure(feet 36 Accessory Structure (feet) 36 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. B. Townhouse District(TH) 1. Purpose: The TH district is a single family residential district allowing attached houses on individual lots and requiring a minimum lot size of 3,500 square feet. The Townhouse District is intended to provide flexibility for development of properties that are providing open space, preserving natural areas of value, or avoiding areas with environmental hazards.The Townhouse District should be adjacent to or part of a mixed use development within the village centers. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Townhouse District, including density, height, lot and unit size. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 23 Amended September 2003 reZoning Ordinance Figure 3-7-Townhouse District (TH) Lot Size Lot Area(sq. ft.) 3,500 -exterior w/side yards 3,000 -interior wino side yards Lot Width(feet) 30 Lot width of corner Lots (feet) 45 Lot Depth(feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 1,000 -Duplex(2 dwellings) 1,200 -others (3+dwellings) Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 15 Side Yard(feet) 0 or 5 Side Yard of Corner Lots (feet) 15 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 45 Height of Structures Main Structure (feet 36 Accessory Structure (feet) 36 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. C. Multifamily District(MF) 1. Purpose: The MF district allows for high density residential development immediately adjacent to, or within,village centers. The Multifamily District provides for the development of multiple dwelling units on the same lot. Dwellings may be placed in one or more buildings and multiple buildings may be developed on the same lot. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Multifamily District, including density, height, lot and unit size. Page 24 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 reZoning Ordinance Figure 3-8-Multifamily District(MF) Lot Size Lot Area(sq. ft.) 43,560 Lot Width(feet) 100 at street with length—width ratio of 1:3 or less Lot width of corner Lots (feet) NA Lot Depth(feet) 150 with length-width ratio of 1:3 or less Lot Depth of Double Front Lots (feet) NA Dwelling Regulations Minimum Square Footage EF- 600 sf; 1 BR-750 sf; 2 BR-900 sf; 3 BR- 1,000 s.ft. Maximum Density 15 Dwelling Units/Gross Acre Building Separation between detached buildings (feet) 20 or height of building,whichever is greater. Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements-Main Structures Front Yard(feet) 30 from any street frontage Side Yard(feet) 20 from any interior lot line Side Yard of Corner Lots(feet) NA Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 20 from any interior lot line Rear Yard Double Front Lots (feet) NA Height of Structures Main Structure(feet 36 Accessory Structure(feet) 36 4. Additional Provisions: Refer to additional requirements in Article 7,General Development Standards. D. Manufactured Home District(MH) 1. Purpose: The Manufactured Home District allows for mid-density manufactured home parks or subdivisions immediately adjacent to,or within, village centers. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Are provided for both a manufactured Home Subdivision and a Manufactured Home Park,These development standards are shown in the following charts. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 25 Amended September 2003 rill Zoning Ordinance Figure 3-9-Manufactured Home Subdivision (MH) Lot Size Lot Area(sq. ft.) 7,200 Lot Width(feet) 60 Lot width of corner Lots (feet) 70 Lot Depth(feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 1,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 25 Side Yard(feet) 10 Side Yard of Corner Lots (feet) 20 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 40 Height of Structures Main Structure(feet 30 Accessory Structure (feet) 15 4. Additional Provisions for Manufactured Home Subdivisions: a. Refer to additional requirements in Article 7, General Development Standards. b. Manufactured housing design and construction will comply with manufactured housing construction and safety standards published by the department of housing and urban development pursuant to the requirements of the Texas Manufactured Housing Standards Act (Vernon's Ann. Civ. St. art. 5221f, as amended)and all manufactured housing will be subject to inspection by the building official. c. All manufactured housing within a subdivision shall be set on a solid slab structure or pier and beam foundation. Additional rooms in the subdivision, such as enclosed porches, etc., shall be constructed on a solid slab. d. Accessory buildings will be either manufactured or constructed in accordance with city codes. Page 26 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance Figure 3-10-Manufactured Home Park(MH) Lot Size Lot Area for the Park as a whole 2 acres Lot Area(sq. ft.)for Manufactured Home Pad Site 5,550 Lot Width(feet) 100' at street with length—width ratio of 1:3 or less Lot Depth(feet) 150' with length—width ratio of 1:3 or less Overall Density 7 Dwelling Units per Gross Acre Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations Minimum Square Footage 1,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Pad Sites Front Yard(feet) 20 Side Yard(feet) 10 Side Yard of Corner Lots(feet) 20 Rear Yard(feet) 10 Maximum Coverage 25% Minimum separation between Dwelling Units 20 Yard Requirements—Overall Site Open Space—Recreational Areas (Parks over 20 200 sq. ft. per DU DU's) Minimum Open Space regardless of number of units 4,200 sq. ft. Height of Structures . Main Structure (feet) 30 Accessory Structure (feet) 15 5. Additional Provisions for Manufactured Home Parks: a. Refer to additional requirements in Article 7, General Development Standards. b. Screening. Screening shall be as described and required in this ordinance, as amended, and this section. (See typical lot and layout following this section.) c. Open space. Open space recreation areas shall be free from traffic hazards, easily accessible to all park residents, and centrally located where topography permits. d. Sidewalks. Sidewalks must be 2 feet from the curb, of standard construction as specified in the Subdivision Ordinance, as amended, with a minimum width of 4 feet. e. Fencing requirements.The manufactured home park site shall be fenced as follows: Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 27 Amended September 2003 reZoning Ordinance (1) The entire area of the manufactured home park, including open spaces and other required improvements, shall be fenced. This perimeter fence shall be provided regardless of abutting property uses or zones and shall be placed just within the property line. The fence shall be constructed of masonry and shall be at a minimum height of 8 feet. Such fence shall be kept in good repair. (2) Any site sideline shall be screened for a distance of 200 feet to a height of 8 feet where there is 200 feet available. (3) The remaining fence shall meet the existing zoning requirements. SECTION 3.4 RESIDENTIAL DESIGN STANDARDS A. Points Required All properties must meet base requirements provided in this section for Land Design, Street and Sidewalks, and Architectural Standards. In addition, properties must also achieve points in each of these categories, based on the location of the property. The required points are detailed in the following sections. B. Purpose of Residential Design Standards 1. Land Design Standards.The purpose of the Land Design Standards is to provide for public pathways,to provide public access to open space,to provide enhancements along pathways, and to provide for village and suburban residential walkways. 2. Street and Sidewalk Standards. The purpose of the Street and Sidewalk Standards is to provide for street treatments, pedestrian sidewalk and crosswalk standards, and to address location criteria of subdivisions adjacent to major thoroughfares. 3. Architectural Standards. The purpose of the Architectural Standards is to provide standards for exterior facades, roof quality, repetition of residential unit designs, garage doors, and façade upgrades in village residential areas. C. Design Standards Review 1. All residential development shall achieve at a minimum the required number of points in Figures 3- 12, 3-13 and 3-14. 2. Details of the Land Design Standards are included in Subsection D, details of the Street and Sidewalk Standards are included in Subsection E, and details of the Architectural Standards are in Subsection F. FIGURE 3-11—DESIGN STANDARDS INDEX Category Districts Figure Country Residential Districts with or AG/28, SF-IA/26 See Figure 3-12 without adjacency to open space Suburban Residential Districts with or SF-30/24, SF-20/21, See Figure 3-13 without adjacency to open space SF-10/19 Village Residential Districts with or SF-8.5/17,TH, MF, See Figure 3-14 without adjacency to open space NTH Page 28 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 I ileS Zoning Ordinance FIGURE 3-12 COUNTRY RESIDENTIAL DISTRICT (AG/28, SF-1A/26)REQUIREMENTS A.COUNTRY LAND DESIGN REQUIREMENTS For properties with adjacency to flood plains,open space, electrical or water easements, or property adjoining Lake Lavon or Lake Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 39 Public Open Space Easements 10' open space easement and 8' trail 20' open space easement 10 buffer with 4' walk 10 or 39 Perimeter Walkways and 10' buffer with 4' walk a. 20' 15 Landscape b. 20' buffer with 8' trail 40 Connections of Open Space to 30' connection, 4' walk, every 10 lots a. 50' connection 5 or Residential Development b. 50' connection with 8' trail 10 or c. Streets alongside open space 25 41 Lighting and Furnishings along Lighting—low-height solar lighting a. Exercise equipment 1010 open space easements and trails every 200' b.Water fountains Benches with backs every 1/2 mile or c. Decorative paving 5 portion thereof 5 d. Enhanced cross walks 80 Total Number of Land Design Points Available 25 Total Number of Land Design Points Required B. COUNTRY LAND DESIGN REQUIREMENTS For properties without adjacency to flood plains,open space,electrical or water easements, or property adjoining Lake Lavon or Ray Hubbar. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE TS 10' buffer with 4' walk a. 20' buffer with 4' walk 10 or 39 Perimeter Walkways and Landscape b. 20' buffer with 8' trail 15 15 j Total Number of Land Design Points Available 105 1 f Total Number of Land Design Points Required Adopted November 2001 Page 29 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Amended September 2003 reZoning Ordinance C. STREET AND SIDEWALK REQUIREMENTS (For all Country Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 20 43 Curvilinear Streets Meet standard city requirements Provide curvilinear streets 43 Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 Brick or stone walls 43 Signage at Entries Signage incorporateda a Si inco into entry wall None NA or monument sign 10 44 Pedestrian Crosswalks Connected system, striped Paver, brick or stone NA 45 Sidewalk Locations Both sides of street, continuous None pathway 45 Sidewalk Width 4' concrete a. 5' concrete 10 or b. 8' concrete 15 45 Sidewalk Material Concrete a. 20%special paving 10 or b. 50%special paving 15 46 Sidewalk Lighting heightevery Low solar200' Signage on decorative lighting poles 10 47 Location of Required Alleys Screen parallel alleys from view No alleyways parallel to streets 20 47 Screening of Res. Units Backing Screen with masonry or concrete walls No residential units backing onto streets 20 onto Major Thoroughfares Total Number of Street and Sidewalk Points Available 125 30 Total Number of Street and Sidewalk Points Required 1 Adopted November 2001 Page 30 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Amended September 2003 reZoning Ordinance D.ARCHITECTURAL REQUIREMENTS (For all Country Residential Districts) 1 PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 49 Exterior � Façade Material 100%brick, stone or masonry stucco None NA 50 Front Entry Cover 40 square feet covered front entry; min 60 square feet covered front porch 20 2 1/2 foot roof covering 50 Chimneys Chimney enclosure required Brick fireplace matching exterior 5 51 Roof Pitch 6:12 minimum roof pitch a. 8:12 or greater 5 b. Dormers, or combination hip and gable 10 51 Roof Materials Asphalt shingles, no wood shingles. Architectural grade overlap shingles 5 I Paint rooftop accessories to match 52 Units with same floor plan and 4 lots skipped same side of street, 7 lots skipped same side of street, 20 same street elevation 2 lots skipped opposite side of street 4 lots skipped opposite side of street and and no identical floor plans side by no identical floor plans side by side side 53 Garage doors on street elevation Offset, min. 5', max 50%of elevation a. Doors recessed from main front facade. 10 b.Not on primary street elevation 20 Total Number of Architectural Points Available 95 Total Number of Architectural Points Required 30 F Page 31 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 pit Zoning Ordinance FIGURE 3-13 1 SUBURBAN RESIDENTIAL DISTRICT (SF-30/24, SF-20/19, SF-10/22) REQUIREMENTS A.SUBURBAN LAND DESIGN REQUIREMENTS 1 For properties with adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Lake Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 39 Public Open Space Easements 10' open space easement and 8' trail 20' open space easement 10 Ii 39 Perimeter Walkways and Landscape 10'buffer with 4' walk a. 20'buffer with 4'walk 10 or b. 20'buffer with 8' trail 15 40 Connections of Open Space to 30' connection,4'walk,every 10 lots a. 50' connection 5 or Residential Development b. 50' connection with 8' trail 10 or c. Streets alongside open space 25 41 Lighting and Furnishings along open Lighting—low-height solar lighting a. Exercise equipment 1010 I space easements and trails every 200' b. Water fountains Benches with backs every 1/2 mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 42 Pedestrian Linkages to the Village Clearly defined pedestrian linkage a.No unit more than 3,000' actual distance 15 Center b. Separate 8' hike and bike connection 30 125 Total Number of Land Design Points Available 25 Total Number of Land Design Points Required B.SUBURBAN LAND DESIGN REQUIREMENTS For properties without adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 39 Perimeter Walkways and Landscape 10' buffer with 4' walk a. 20'buffer with 4'walk 10 or b. 20'buffer with 8'trail 15 41 Lighting and Furnishings along open Lighting—low-height solar lighting a. Exercise equipment 1010 space easements and trails every 200' b. Water fountains Benches with backs every 1/2 mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 42 Pedestrian Linkages to the Village Clearly defined pedestrian linkage a. No unit more than 3,000' actual distance 15 Center b. Separate 8' hike and bike connection 30 90 i Total Number of Points Available 90 Total Number of Points Required f Page 32 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 i 1 Zoning Ordinance re C.STREET AND SIDEWALK REQUIREMENTS (For all Suburban Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 43 Curvilinear Streets Meet standard city requirements Provide curvilinear streets 20 43 Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 Brick or stone walls 43 Signage at Entries Signage incorporated into entry wall None NA or monument sign 44 Pedestrian Crosswalks Connected system, striped Paver,brick or stone 10 45 Sidewalk Locations Both sides of street, continuous None NA pathway 45 Sidewalk Width 4' concrete a. 5' concrete 10 or b. 8' concrete 15 45 Sidewalk Material Concrete a. 20%special paving 10 or b. 50%special paving 15 46 Sidewalk Lighting Low height solar every 200' Signage on decorative lighting poles 10 47 Location of Required Alleys Screen parallel alleys from view No alleyways parallel to streets 20 47 Screening of Res. Units Backing Screen with masonry or concrete walls No residential units backing onto streets 20 onto Major Thoroughfares Total Number of Street and Sidewalk Points Available 125 55 Total Number of Street and Sidewalk Points Required I 1 Page 33 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance D.ARCHITECTURAL REQUIREMENTS (For all Suburban Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS NA 49 Exterior Facade Material 100%brick, stone or masonry None 50 Front Entry Cover 40 square feet covered front entry; min 60 s.f. covered front porch 20 2 1/2 foot roof covering 50 Chimneys Chimney enclosure required Brick fireplace matching exterior 5 51 Roof Pitch 6:12 minimum roof pitch a. 8:12 or greater 5 b. Dormers,or combination hip and gable 10 { 51 Roof Materials Asphalt shingles, no wood shingles. Architectural grade overlap shingles 5 Paint rooftop accessories to match 52 Units with same floor plan and 4 lots skipped same side of street, 7 lots skipped same side of street, 20 same street elevation 2 lots skipped opposite side of street 4 lots skipped opposite side of street and and no identical floor plans side by no identical floor plans side by side side 53 Garage doors on street elevation Offset, min 5',max 50%of elevation a. Doors recessed from main front facade. 10 b. Not on primary street elevation 20 95 Total Number of Architectural Points Available 30 Total Number of Architectural Points Required i i i Page 34 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 I Amended September 2003 t Zoning Ordinance eft FIGURE 3-14 VILLAGE RESIDENTIAL DISTRICT (SF—8.5/17, TH, MF, MH) REQUIREMENTS A.VILLAGE LAND DESIGN REQUIREMENTS For properties with adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Lake Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 39 Public Open Space Easements 10' open space easement and 8' trail 20' open space easement 10 39 Perimeter Walkways and Landscape 10' buffer with 4' walk a. 20'buffer with 4'walk 10 or t b. 20'buffer with 8' trail 15 40 Connections of Open Space to 30' connection,4' walk,every 10 lots a. 50' connection 5 or Residential Development b. 50' connection with 8' trail 10 or c. Streets alongside open space 25 41 Lighting and Furnishings along open Lighting—low-height solar lighting a. Exercise equipment 10 space easements and trails every 200' b. Water fountains 10 Benches with backs every 1/2 mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 P 42 Pedestrian Linkages to the Village Clearly defined,direct pedestrian linkage No unit more than 1,300' actual distance 10 Center Total Number of Land Design Points Available 90 Total Number of Land Design Points Required 30 B. VILLAGE LAND DESIGN REQUIREMENTS For properties without adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 39 Perimeter Walkways and Landscape 10' buffer with 4' walk a. 20'buffer with 4' walk 10 or b. 20'buffer with 8' trail 15 41 Lighting and Furnishings along open Lighting—low-height solar lighting a. Exercise equipment 10 space easements and trails every 200' b. Water fountains 10 Benches with backs every 1/2 mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 42 Pedestrian Linkages to the Village Clearly defined,direct pedestrian linkage No unit more than 1,300' actual distance 10 Center Total Number of Land Design Points Available 55 TOTAL NUMBER OF LAND DESIGN POINTS REQUIRED 15 Page 35 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 i rift Zoning Ordinance 1 I C.STREET AND SIDEWALK REQUIREMENTS 1 (For all Village Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 43 Curvilinear Streets Meet standard city requirements Provide curvilinear streets 20 43 Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 Brick or stone walls 43 Signage at Entries Signage incorporated into entry wall None NA or monument sign 45 Sidewalk Locations Both sides of street, continuous None NA pathway j 45 Sidewalk Width 4' concrete a. 5' concrete 10 or b. 8' concrete 15 46 Sidewalk Lighting Low height solar every 200' Signage on decorative lighting poles 10 47 Location of Required Alleys Screen parallel alleys from view No alleyways parallel to streets 20 47 Screening of Res. Units Backing Screen with masonry or concrete walls No residential units backing onto streets 20 onto Major Thoroughfares 48 Village Res. Pedestrian Decorative pavers, brick or stone, None NA Crosswalks striped 48 Village Res. Sidewalk Material 20%specialty paving 50%specialty paving 10 48 Village Res. Street Trees Front yard trees Front yard trees evenly spaced on both 20 sides of street Total Number of Street and Sidewalk Points Available 130 Total Number of Street and Sidewalk Points Required 55 Page 36 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 pli Zoning Ordinance D.ARCHITECTURAL REQUIREMENTS (For all Village Residential Districts) PAGE# BASE STANDARD DESIRABLE POINTS Element 49 Exterior Façade Material 100%brick or stone None NA 50 Chimneys - Chimney enclosure required Brick fireplace matching exterior 5 51 Roof Pitch 8:12 or greater with architectural grade Dormers,or combination hip and gable 10 overlap shingles 51 Roof Materials Asphalt shingles, no wood shingles. Architectural grade overlap shingles 5 Paint rooftop accessories to match 52 Units with same floor plan and same 4 lots skipped same side of street, 7 lots skipped same side of street, 10 street elevation 2 lots skipped opposite side of street 4 lots skipped opposite side of street and and no identical floor plans side by no identical floor plans side by side side 54 Village Residential front entry cover 20 sf minimum front porch, 5' minimum a. Porch railing part of front porch design 5 width b. 40 sf minimum front porch, 5' minimum width 10 54 Village Residential Mail box Paired at lot line One style throughout development 5 locations 55 Village Residential garage doors Offset, 12" minimum, maximum 50 Not on primary street elevation 20 percent of elevation Total Number of Architectural Points Available 70 Total Number of Architectural Points Required 40 Page 37 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 1 reZoning Ordinance BLANK E i t i i Page 38 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Or Zoning Ordinance D. Land Design Standards Land Design points are awarded to projects in accordance with the following criteria: 1. Provision of Public Pathways-Public Open Space Easements a. Base Standard (1) All Residential Development shall include a provision of an open space easement of a minimum width of 10 feet, and inclusion of an 8 foot wide public hike and bike trail constructed to the City's standards in the easement, if any open space occurs in the residential development in the following situations: • adjacent to the 100 year flood plain line, • adjacent to an Electrical or Water easement right-of-way line, and/or • adjacent to the public property line adjoining Lake Lavon or Lake Ray Hubbard, and (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access Street _, 1 i i Subdivision__ , i Development Public Open --�"' SpaceEasement •-Il with 8'concrete trail Open Space . t -= �_�. ,.�` — w b. Desirable Design Attributes Increase the width of the public open space easement requirement to a 20 foot width. [10 points.] 2. Provision of Public Pathways - Perimeter Walkways and Landscape a. Base Standard All Residential Development shall provide a 4 foot minimum width meandering concrete public walkway with a 10 foot minimum width landscape buffer around the development perimeter when adjacent to a public thoroughfare. The meandering walkway may be located partially in the landscape buffer and partly within the street right of way parkway and must be placed a minimum one foot off of the curb. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 39 Amended September 2003 rig Zoning Ordinance • • Subdivision Development 9 Perimeter Landscaping Public Arterial -ROW- — — — - b. Desirable Design Attributes (1) Provide a 20 foot landscape buffer with a 4 foot minimum meandering concrete walkway around the development perimeter when adjacent to public thoroughfares. [10 points] (2) Provide a 20 foot landscape buffer with a 8 foot minimum meandering concrete trail around the development perimeter when adjacent to public thoroughfares. [15 points] 3. Public Access to Open Space- Connections of Open Space to Residential Development a. Base Standard All Residential Development shall provide open space connections from public streets to open space amenities within the development to provide access to the subdivision. Connections shall be a minimum of 30 feet wide with a 4 foot concrete pedestrian walkway, and shall be provided at one connection for every 10 house lots along the length of the open space. Page 40 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance Minimum Width 8' Minimum v sidewalk Q Subdivision Development ` Connection to Open Space 30' Minimum Width (Opensee PublicSpace Open Space Easement) b. Desirable Design Attributes (1) Provide a 50 foot wide connection, every 10 lots, with a 4 foot concrete pedestrian walkway. [5 points] (2) Provide a 50 foot wide connection, every 10 lots,with an 8 foot concrete hike and bike trail. [10 points] (3) Lay out residential development so that the streets are placed alongside an open space area, with single loaded houses across the street that face toward the open space amenity. [25 points] 4. Lighting and Furnishings Along Open Space • a. Base Standard On open space easements, public walkways and trails,provide: (1) Low-height solar lighting every 200 feet. (2) Benches which meet the city's standard park bench, at a minimum spacing of one bench per 1/2 mile, or any portion thereof. b. Desirable Design Attribute (1) Provide facilities for a balanced exercise program as part of the walkway system. [10 points] (2) Provide water fountains at a minimum spacing of one per mile. [10 points] (3) Provide decorative paving. [5 points] (4) Provide enhanced cross walks. [5 points] Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 41 Amended September 2003 Zoning Ordinance 5. Village Residential Walkways -Pedestrian linkages to the Village Center a. Base Standard Residential units in a Village Residential District shall have clearly defined, direct pedestrian linkages to the village center along streets which are not arterial roadways. b. Desirable Design Attribute No residential unit in a Village Residential District will be located more than 1,300 feet actual walking distance along a pedestrian sidewalk, including crosswalks, from the edge of a village center. [10 points] 6. Suburban Residential Walkways- Pedestrian linkages to the Village Center a. Base Standard Residential units in a Suburban Residential District shall have a sidewalk system that provides clearly defined, pedestrian linkages to the village center, and the sidewalk system shall be coordinated with any intervening Village Residential District to provide a continuous pedestrian system. b. Desirable Design Attributes (1) No residential unit in a Suburban Residential District will be located more than 3,000 feet actual walking distance along a pedestrian sidewalk, including crosswalks, from the edge of a village center. [15 points] (2) An 8 foot wide concrete hike and bike trail system within the development will provide access to the village center, and access to the trail system will be located within 800 feet walking distance from 50 percent or more of the residential units in the Suburban Residential District, in addition to the sidewalk system. [30 points] a y , :. M J � h :., l... ' Y. ,,Nuk ..r.., x. Page 42 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 pill Zoning Ordinance E. Street and Sidewalk Standards Street and sidewalk points are awarded to projects in accordance with the following criteria: 1. Curvilinear Streets a. Base Standard Streets shall meet the city's street requirements. b. Desirable Design Attribute Subdivisions with curvilinear streets allow streets to follow original topography, reduce visual monotony of lot appearance, reduce speeds through residential neighborhoods, and discourage cut-through traffic. Subdivisions which develop curvilinear streets that meet the following standards are desirable in the City of Wylie. (1) Twenty five percent of the street lengths in a subdivision, excluding major or secondary thoroughfares, should be curvilinear in design. (2) The term curvilinear in design shall refer to any street segment which is designed with a degree of curvature not less than 3 degrees 30 minutes and not greater than 22 degrees 55 minutes,and which shall offset a minimum distance of 30 feet measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear street shall utilize the centerline of all residential streets within the subdivision. [20 points] 2. Street Treatments—Entry Features and Medians a. Base Standard All entrances to a residential subdivision shall have a 100 foot wide right-of-way for a minimum length of 200 feet, with flanking brick or stone masonry walls in Village and Suburban Residential districts. Walls are not to be used in Country Residential districts, but elements such as wood rail fences are appropriate or other entrance treatment in keeping with a country atmosphere. b. Desirable Design Attribute All entrances to a residential subdivision have 100 foot wide rights-of-way for a minimum length of 200 feet, with landscaped medians, landscaped in accordance with the City's Landscape Ordinance, as amended. [15 points] 3. Street Treatments—Signage at Entries a. Base Standard If signage identifying a subdivision is used in a Village Residential or Suburban Residential district, it must be incorporated into the walls flanking the entry, or a monument sign may be incorporated into a landscaped median at the subdivision entry. Signs in Country Residential districts must be incorporated into wood rail fences or other entrance treatment in keeping with a country atmosphere. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 43 Amended September 2003 Zoning Ordinance ft ij4 •a 1TIMBER BROOK rI " ' ESTATES i y."'•��Fr^f'p" ). 1� Y "n ]4S•P kT^"s.> Ny*il`ah' ��f:'?+O�J $�. ; -. r die a • Y6�v✓A F h m 4 b. Desirable Design Attributes None 4. Street Treatments—Pedestrian Crosswalks in Suburban and Country Districts a. Base Standard All crosswalks within a Residential development are to be striped with white reflective paint, and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act,to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes Use of decorative concrete paver, brick or stone paving in lieu of white reflective paint striping at all crosswalks within a subdivision. [10 points] Page 44 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance ., 41 `t � 3 - if, , .40/ .. a+f #.t { l .'�.,....,._i mi. ! •� -,mil It 5. Pedestrian Sidewalks- Sidewalk Locations a. Base Standard Pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street, and shall form a continuous pedestrian pathway system throughout the development. b. Desirable Design Attributes None 6. Pedestrian Sidewalks -Width a. Base Standard All residential development shall provide 4 foot minimum width concrete public sidewalks, in accordance with the Subdivision Ordinance, as amended. b. Desirable Design Attributes: (1) Provision of 5-foot minimum width concrete public sidewalks. [10 points] (2) Provision of 8-foot minimum width concrete public sidewalks. [15 points] 7. Pedestrian Sidewalks-Sidewalk Material in Suburban and Country Districts a. Base Standards Sidewalks in Residential Development shall be concrete public sidewalks, in accordance with the Subdivision Ordinance, as amended. b. Desirable Design Attributes (1) Provision of specialty paving, such as decorative concrete pavers, brick or stone, for a minimum of 20 percent of the sidewalk surface area. [10 points] Adopted November 2001 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Page 45 Amended September 2003 reZoning Ordinance (2) Provision of specialty paving, such as decorative concrete pavers, brick or stone, for a minimum of 50 percent of the sidewalk surface area. [15 points] 8. Pedestrian Sidewalks- Sidewalk Lighting a. Base Standard (1) Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing lighting for both sidewalks and streets, at a maximum spacing of 200 feet apart on each side of the street. (2) Pedestrian only walkways shall be lighted only with low height, solar or electric powered pathway lighting standards and fixtures. All electrical service shall be under ground. t 7 , ., , . ..„ 2„, .:Car'7. b. Desirable Design Attributes Placement of directional and street name signage on decorative lighting poles. [10 points] Page 46 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 9. Location of Alleyways Adjacent to Major Thoroughfares a. Base Standard Alleyways adjacent to major thoroughfares in Village and Suburban Residential districts shall be screened from view from the public street with 6 foot decorative or solid masonry or concrete walls, wherever they are located parallel to the public street. Landscape planting may be placed on the public street side of the wall, but will not alone be considered to satisfy the screening requirement. Walls are not to be used in Country Residential districts. e p • ^fir tii•era a {x { w d# ft ;i b. Desirable Design Attributes Locate alleyways so that they are not parallel and adjacent to major thoroughfares. [20 points] 10. Screening of Residential Units Backing on to Major Thoroughfares a. Base Standard Residential units which back on to major thoroughfares within or adjacent to a Village Residential or Suburban Residential Development shall be screened from view from the public street with 6 foot decorative or solid masonry or concrete walls. Walls are not to be used in Country Residential districts. Adopted November 2001 ARTICLE;3—RESIDENTIAL DISTRICT REGULATIONS Page 47 Amended September 2003 peZoning Ordinance ' J . fir '`. G V$ ''x 5, r e �i- r ��. Olio y1' tf7'_ „r deb J t fir' i -.. IL i• r o` r, ,. , „. --,, a� ,-1:,., mac: ,.$ .'y 0`d.� .,u: u7h ~ %;Msvra.,5,s�,r.., ,...r :;i b. Desirable Design Attributes Plan the Residential Development so that no residential units back on to major thoroughfares. [20 points] 11. Village Residential Streets and Sidewalks - Pedestrian Crosswalks a. Base Standard Crosswalks shall be decorative concrete paver, brick or stone paving in lieu of white reflective paint striping at all crosswalks within a Village Residential subdivision, and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the Americans with Disabilities Act,to provide a clear, continuous pedestrian circulation system throughout a subdivision. b. Desirable Design Attributes: None 12. Village Residential Streets and Sidewalks- Village Residential Sidewalk Material a. Base Standard Sidewalks in Residential Development shall be specialty paving. such as decorative concrete pavers, brick or stone, for a minimum of 20 percent of the sidewalk surface area. b. Desirable Design Attributes Provision of specialty paving, such as decorative concrete pavers, brick or stone, for a minimum of 50 percent of the sidewalk surface area. [10 points] 13. Village Residential Streets and Sidewalks - Village Residential Street Trees a. Base Standard Front yard trees for Village Residential developments shall be provided in accordance with the Landscape Ordinance, as amended. Page 48 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance b. Desirable Design Attributes: Coordinated planting of front yard trees throughout the development to form a formal row of trees along the street, using trees of the same species,minimum 3 inch caliper diameter at time of planting,evenly spaced along both sides of the street at a maximum spacing of 30 feet on center. [20 points] I Lot Lines �I x - Street t Property Line 30' / 30' i 30' le) Lot Lines F. Architectural Standards Architectural points are awarded to projects in accordance with the following criteria: 1. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of one-hundred(100)percent of the exterior facade composed of brick or stone laid masonry units or masonry stucco, excluding windows, doors and other openings. Glazing shall not exceed twenty-five(25)percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two(2)feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: (1) When other materials are required to blend with the historic architecture of the house. (2) When the construction is new infill construction and more than sixty percent(60%) of the existing residential structures along both sides of the street and between the two nearest intersection streets of the proposed location do not meet the above minimum standards, new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 49 Amended September 2003 Zoning Ordinance (3) When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. e aka ; ' . . .": , .•p7P2.a s.4',7 i a;i 1 flip c .ram-•`t, r .,�: '' •*.m r ry fie'. T- .t.&ii 4 '' :`.a agw. �' ! le' 4 ii:. , .,e,,, , 1 1 „ 001, ie.:, , ,.. .... , - , - . b. Appeals Regarding Material If the Building Official determines that a product does not demonstrate the same durability as masonry, the applicant may appeal that decision to the Construction Board. The decision of the Construction Board shall be final c. Desirable Design Attributes None 2. Exterior Facades- Front Entry Cover in Suburban and Country Districts a. Base Standard The front entry of any single family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front entry of a minimum of 40 square feet floor area. b. Desirable Design Attributes: A covered front porch with a minimum floor area of 60 square feet[20 points] 3. Exterior Facades - Chimneys a. Base Standard Metal chimney flues for fireplace chimneys are to be within a chimney enclosure matching the architectural style and materials of the house. The enclosure may be siding, stucco or other material, but it must match similar materials that are used on the exterior facade of the house. b. Desirable Design Attributes: Fireplace chimneys will be brick or stone, matching the primary exterior façade materials of the house. [5 points] Page 50 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 4. Roofs and Roofing- Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 6:12. 12:1 10:12 Minimum Roof L Pitch Allowed 6:12 b. Desirable Design Attributes: (1) Provide a 8:12 or greater roof pitch. [5 points] (2) Provide a roof design with dormers, or a combination of hip and gable roofing. [10 points] 5. Roofing Materials a. Base Standard All single family residential units shall have a minimum roofing material of heavyweight, asphalt shingles, with 5 inch exposure.Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes Provide architectural dimension grade asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. [5 points] _ rn °e • Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 51 Amended September 2003 pit Zoning Ordinance 6. Repetition of Residential Unit Designs- Units with Same Floor Plan and Same Street Elevation a. Base Standard A minimum of 4 platted residential lots must be skipped on the same side and 2 lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical)street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots. i_t_L_L_- .-J—_ _ -L--L_i—L_—L-.—i— — T"i i —T__T T l— f T T_oK r—f T--T- -�— - 4 NO I 71 61 51 .4 I 31 2 I 1 I._ I 1 I 2 IOT_I 2 otslskippel opiitesidelofstreet 7 I 4 3 ( �iots skipped side of!st1�. TTI 5 6 7 NO —L T—TT'T'T'T'7-1—r'T"T"T'r—f T'T"T"- Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes (1) A minimum of 7 platted residential lots skipped on the same side and 4 skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots [10 points] 1_1__L__ —L. .__L. _L__. __L__ -t T—fT'T—fT"T"TT-T—"f-1"T'T"T'1--1 OK Ir"T"T'T'T i 2 7.1 81 5 I 4 I 3I2I1 [ f y,lots oppoiteI idofI trtI1rnts 8 7 I 8 9 I 119181 -r•-T-_T_T_� 71oi same.sideo.street I10poi1ts [•� TT-F I I - T T T 7 9 7 6 5 4 3 2 1 . 4 5 8 7 . 8 9 Ll O1`LL_L. J .L_.L.LL°2L__L..L_J—.1-1-L._L_ L . -7-1—7"-r-1—1--T"T T"T-(—i"'—r T'T-'r—I" (2) No single family residential unit with an identical (or nearly identical) floor plan and an identical (or nearly identical) street elevation design located within 1,200 feet of each other in any direction. [20 points] Page 52 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 7. Garage Doors at Street Elevation in Suburban and Country Districts a. Base Standard Garage doors located on the street elevation of a single family residential unit shall have the framing and doorway offset not less than 5 feet from the remainder of the street elevation façade of the unit, and shall not constitute more than 50 percent of the street elevation facade of the unit. so b. Desirable Design Attributes (1) Garage doors recessed not less than 5 feet from the main front façade of the house, rather than protruding toward the street. [10 points] N ` ; 1 .. I -- ANev _ Alley Al- .— 'I r—.—_ ,__---' I _I I I I I _ I SdeE Entry __�I I' �_ 1 1 I I II ,WFAI I ® 1 I Buildable- I Bu ikJa ble- I Buddable- area // j , aiea area 'Q--LdLine !/1 I(�._.-.LotLine I le-Lot Li �L - - J - - - . ----J Public Right-of-Way Public Right-of-Way Public Right-of-Way (2) Garage doors not located on the primary street elevation of a single family residential unit. [20 points] Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 53 Amended September 2003 reZoning Ordinance 8. Village Residential Single Family Detached Lots Less Than 10,000 Square Feet—Front Entry Cover a. Base Standard The front entry of any single family residential unit,which is the entry facing the street on which the unit is located, shall have a covered front porch of a minimum of 20 square feet floor area, with a minimum width of 5 feet. b. Desirable Design Attributes (1) A porch railing included as part of the front porch design. [5 points] (2) A covered front porch of a minimum of 40 square feet floor area, with a minimum width of 5 feet. [10 points] 9. Village Residential Single Family Detached Lots Less Than 10,000 Square Feet—Mail Box Locations a. Base Standard Mail boxes shall be paired, spaced a maximum of 6 inches apart at the lot line, and with a design and materials that relates to the architectural style and materials of the residential unit. b. Desirable Design Attributes Paired mail boxes with one style used throughout the development. [5 points] • • 1r °• J $a1: of ✓ • i x ?a P:• M7jfi"J'a ,era +J'E C' :^q3r v .� � •. Page 54 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 10. Village Residential Single Family Detached Lots Less Than 10,000 Square Feet—Village Residential Garage Doors a. Base Standard Garage doors located on the street elevation of a single family residential unit shall have the framing and doorway offset a minimum of 12 inches from the remainder of the street elevation façade of the unit, and shall not constitute more than 50 percent of the street elevation façade of the unit. b. Desirable Design Attributes Garage doors not located on the primary street elevation of a single family residential unit. [20 points] 11. Village Residential Single Family Detached Lots—Roofs and Roofing Materials a. Base Standard All Village Residential single family residential units shall have a minimum roof pitch of 8:12, architectural grade design and overlap pattern shingles, and painted plumbing vents, attic vents, and other rooftop accessories to match the roof shingle color. b. Desirable Design Attributes Provide a roof design with dormers, or a combination of hip and gable roofing. [10 points] Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 55 Amended September 2003 piZoning Ordinance BLANK Page 56 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance ARTICLE 4 NONRESIDENTIAL DISTRICT REGULATIONS SECTION 4.1 VILLAGE CENTER NONRESIDENTIAL DISTRICTS 51 A. Neighborhood Service (NS) 51 B. Community Retail (CR) 52 SECTION 4.2 BUSINESS } .. 52 A. s ss • 52 o er` . � . • CC) 53 SECTION 4.3 . !USTRIAL DISTRICTS 54 A. Industrial District (I) 54 SECTION 4.4 NONRESIDENTIAL DESIGN STANDARDS 56 A. Points Required 56 B. Purpose of Nonresidential Design Standards 56 C. Design Standards Review 56 D. Site Design Standards 61 E. Landscaping 64 F. Architectural Features 68 July 24, 2001 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page i TABLE OF CONTENTS PP Zoning Ordinance ARTICLE 4 NONRESIDENTIAL DISTRICT REGULATIONS SECTION 4.1 VILLAGE CENTER NONRESIDENTIAL DISTRICTS Village Center Nonresidential Districts provide for appropriate land uses and density of uses within locations designated as village centers in the Comprehensive Master Plan. Village centers provide a focus for institutional, commercial, entertainment and service-related uses for the neighborhood residents. Residential uses within and immediately adjacent to the village centers provide a customer base for businesses located within it. A. Neighborhood Service(NS) 1. Purpose: The Neighborhood Service District allows for convenience retail shopping,personal services, and professional offices principally serving the needs of the neighborhoods within and around the village center. Commercial development within the village center in the NS district should be compatible in scale, character and intensity with the surrounding residential neighborhoods. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Neighborhood Service District. Figure 4-1—Neighborhood Service District (NS) Height Height of Main Structure(feet) 36 Number of Stories 2 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 10 Lot Coverage 45 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side &Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side&Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. February'27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 51 reZoning Ordinance B. Community Retail(CR) 1. Purpose: The Community Retail District allows for the development of higher intensity uses providing shopper and consumer goods, retail and personal services beyond the village centers. Community Retail districts support several neighborhoods and are located adjacent to commercial corridors, business parks or industrial parks within the Comprehensive Plan. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for Community Retail District. Figure 4-2—Community Retail District(CR) Height Height of Main Structure(feet) 36 Number of Stories 2 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 10 Lot Coverage 45 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side &Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side&Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Standards. SECTION 4.2 BUSINESS DISTRICTS The Comprehensive Plan calls for most of the intense nonresidential uses, except for industrial districts,to be developed along or adjacent to the FM-544 and SH-78 corridors by using different districts to provide for the development needs of such uses. Within these districts additional urban design standards are appropriate to develop the quality and image called for in the Comprehensive Plan. A. Business Center(BC) 1. Purpose: The Business Center District allows for the development of a mix of office,high technology, light industry, and business support uses. The district is intended to be located in those areas where regional employment access is available and where the mix of business uses allowed will have minimum adverse impacts on nearby residential development. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. Page 52 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 14/9 Zoning Ordinance 3. Development Standards: Following are the yard, lot and space requirements for the Business Center District. Figure 4-3—Business Center District(BC) Height Height of Main Structure (feet) 100 Number of Stories 8 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 50 Side Yard Setback(feet) 25 Rear Yard Setback(feet) 25 Lot Coverage 50 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side&Rear Setback— 25' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side&Rear Setback— 15' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. B. Commercial Corridor District (CC) 1. Purpose: The Commercial Corridor District allows for the retail,personal service, office and light commercial needs of the residents of Wylie at a scale, character and intensity that is higher than allowed in the Village Center Districts. The commercial corridor district has enhanced design and development standards to ensure the urban design quality and image recommended in the Comprehensive Plan. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for Commercial Corridor District. February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 53 reZoning Ordinance Figure 4-4—Commercial Corridor District(CC) Height Height of Main Structure(feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 10' Lot Coverage 50 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side &Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side &Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. SECTION 4.3 INDUSTRIAL DISTRICTS The purpose of the Industrial District is to provide a location where the major employment base of the community can be located with minimum impact on residential neighborhoods. Within the industrial district the primary focus should be industrial and commercial uses that serve regional, state and national markets with support retail, office, and business-serving commercial uses as needed. A. Industrial District(I) 1. Purpose: The Industrial District allows for the development of manufacturing, distribution, and warehousing uses along with needed commercial support services. The district is intended to be located adjacent to major regional transportation corridors where the intensity of uses allowed will have minimal adverse impact on residential development. Industrial uses that are hazardous or high risk are permitted only with a Specific Use Permit. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Industrial District. Page 54 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 Zoning Ordinance Figure 4-5—Industrial District(I) Height Height of Main Structure (feet) 100 Number of Stories 8 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 50 Side Yard Setback(feet) 25 Rear Yard Setback(feet) 25 Lot Coverage 50 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side&Rear Setback— 25' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side &Rear Setback— 15' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 55 reZoning Ordinance SECTION 4.4 NONRESIDENTIAL DESIGN STANDARDS A. Points Required All properties must meet base requirements provided in this section for Site Design, Landscaping, and Architectural Features. In addition,properties must also achieve points in each of these categories, based on the district in which the property is located. The required points are detailed in the following sections. B. Purpose of Nonresidential Design Standards 1. Site Design Standards. The purpose of the Site Design Standards is to provide for building and parking placement, access drives and the location of service and loading areas. 2. Landscaping Standards. The purpose of the Landscaping Standards is to provide for landscaping in required yards, parking lots and street frontages. 3. Architectural Features. The purpose of the Architectural Features is to provide for exterior building materials, building articulation, form and massing, and architectural compatibility. C. Design Standards Review 1. All nonresidential development shall achieve at a minimum the required number of points discussed in Figures 6 through 8. 2. Details of the Site Design Standards are included in Subsection D, details of Landscaping Standards are included in Subsection E, and details of the Architectural Features are in Subsection F. Page 56 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27,2002 rel Zoning Ordinance FIGURE 4-6 SITE DESIGN REQUIREMENTS PAGE ELEMENT a.BASE STANDARD b. DESIRABLE POINTS # 61 Building Placement a. Entrances and/or facades oriented to the street. a. Building at the front yard line. 20 i b. Building footprints no greater than 20,000 square b. Individual buildings w/footprints =or< 10 feet in NS and CR Districts. 10,000 square feet. c. Multiple buildings placed to create plazas, c. Front facade oriented to the street. 10 courtyards, landscaped areas w/connecting walkways. Site plan with no parking in front of the 20 62 Parking Placement a. To extent possible, parking to side and rear of a. building. building in NS, CR. and CC Districts. 10 b. Parking spaces at least 10' from residential lot b. Building with no more than one row line. parking in front. Access Drives a. Minimum width of 24' turning radius of 25'. a. Combined access points with adjacent 20 63 tracts. b. Access drive at least 150' from intersection. trac c. Access drives serving developments greater than b. Landscaped treatment of entrances. 10 30,000 sq.ft. shall have separated median, or be c. Direct connection between buildings and 10 separated at least 150' from each other. street. d. Any development not able to meet base standard"b"shall be required to earn an additional 10 points. 64 Location of Service a. Service and loading areas shall not be visible from a.Not visible from public street but provide 10 and Loading Areas a public street or adjacent residential lot. masonry screening. b. Developments unable to meet the above are required to have masonry screening walls w/gates. 120 Total Number Of Site Design Points Available 60 Total Number Of Land Design Points Required February 27,2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 57 Zoning Ordinance FIGURE 4-7 LANDSCAPING POINT REQUIREMENTS PAGE ELEMENT Base Standard Desirable POINTS 64 Landscaping in a. At least 20 %of site shall be landscaped in NS, a. Landscaping that exceeds the minimum. 5 pts/5%°- Required Yards CR, & CC Districts; 10%of site in BC and I total of 20 Districts. b. Landscaping in side and rear yard not 10 b. Landscaping is required in the front yard. otherwise required. c. Landscaping is required in side and rear yards adjacent to, or across the street from residential. 65 Landscaping of a. Site plans requiring more than 12 spaces a. Landscaping in excess of 50 sq.ft. /space. 5 pts/10 sq Parking Lots required to have 50 sq.ft. of landscaping per ft—total of space. 25 b. No parking space further than 60' from b. Parking lots with no space further than 40 landscaped area on site. feet from a landscaped area. 10 c. Parking rows 12 spaces or longer shall have c. Landscaped pedestrian connection to main landscaped islands at end. entrance. 20 I d. All parking rows shall have landscaped areas at least every 12 spaces. 66 Visual Screening a. Required screening in strip at least 5' wide, No additional design attributes plants 3' in height when planted, include one flowering tree for every 20 linear feet of area. 66 Landscaping of a. At least 50%of required front yard developed a. Use of rock walls or other natural 5 pts/10% Street Frontages as landscaped buffer, at least 10' in width. landscape features. increase— ` b. Trees required in buffer, in groves or belts on a total of 20 30—40' spacing. b. Increase in minimum width of landscape 5 c. Required trees at least 3"in caliper. buffer. d. At least 4' meandering concrete walkway on c. Increase in width of public walkway. 5 perimeter when adjacent to thoroughfare. d. Provision of special benches,pedestrian 10 I lighting other streetscape elements. Total Number of Landscaping Points Available 140 Total Number of Landscaping Points Required 55 Page 58 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27,2002 Zoning Ordinance FIGURE 4-8 ARCHITECTURAL POINT REQUIREMENTS PAGE ELEMENT BASE STANDARD DESIRABLE POINTS # 68 Building Materials a. Buildings constructed of 100%masonry a. Use of two complementary primary 10 materials in NS, CR, CC, BC and I Districts. facade materials to help achieve facade b. Roofs with pitch greater than 2:12 use specified articulation, visual variety and/or roofing materials. architectural detailing. 68 Building a. Walls not exceed height width ratio of 1 to 2 a. Application of base standards to facades 20 Articulation, Form without variation in massing of facade. At least not facing a public street. and Massing 25%of facade offset at least 4'. b. Use of Architectural detailing and/or 10 b. Entrances must be emphasized with materials to provide variety in visual architectural elements. appearance. c. Ground floor facades in NS, CR, &CC Districts required specified features along 60% of length. . 71 Architectural a. Buildings in the NS and CR Districts shall be a. Buildings with pitch roofs meeting 10 ' Compatibility architectural compatible with surrounding minimum requirement of residential neighborhoods. development. b. Buildings in CC District adjacent or within 200' b. Buildings with hip roof sections, dormers 20 of residential areas shall be architecturally or two or more gable roof sections at right compatible. angles to each other. Total Number of Architectural Points Available 70 Total Number of Architectural Points Required 35 February 27,2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 59 Zoning Ordinance BLANK Page 60 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27,2002 ert Zoning Ordinance D. Site Design Standards Site Design points are awarded to projects in accordance with the following criteria: 1. Building Placement a. Base Standard (1) Buildings shall be placed with their entrance and/or main facade oriented to the street. (2) Building footprints shall be no greater than 20,000 square feet in the NS and CR Districts. Figure 4-9-Building Placement Single building footprint no larger than 20,000 square feet ' '',, IN no more than one row y: f irorueuu�wununnrnrw+ir+ • of parking in front of 1/2 �::: i-4 1::: , building �? 1 1tV _i ___ ..\, \ \ \IIK 'It \N\ N:7)'N'',F,, N -. \\ 4111101t, ,,..\ , , tiV . 11 j 17i. Main entrance ` i.-') oriented to street Landscaping in front yard February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 61 reZoning Ordinance 3) Multiple buildings on a single site shall be placed in such a manner as to create plazas, courtyards, and landscaped areas with connecting pedestrian ways between buildings. (NS, CR, CC) Figure 4-10-Building Placement Multiple buildings each no greater than 20,000 square feet Plazas, courtyards and ilk landscaped areas 4110 ,_$,3,- .44' 6r4.,..sjoma.'••-m.: :„, ,,:: fii , .--1- iii;;M '-‘fatio7. ' 4 r' t. 1lailliioit,Lf.t .I ,. - 1 • tip' 4,%-ari'rf r. 1 J l,►, No parking in front yard ---'----- Entrances oriented to street b. Desirable Design Attributes (1) Buildings located at the front yard line with no parking in the front yard shall earn 20 points. (2) Individual buildings with footprints no greater than 10,000 square feet shall earn 10 points. (3) Direct connections between a building's main entrance and the public street, not using a portion of a parking lot, shall earn 10 points. 2. Parking Placement a. Base Standard (1) To the extent possible, parking shall be located to the side and rear of a building in the NS, CR and CC districts. (2) Parking spaces shall be located at least 10 feet from the nearest residential lot line. Page 62 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 Zoning Ordinance b. Desirable Design Attributes (1) Site plans with no parking in front of the main building shall earn 20 points. (2) Site plans with no more than one row of parking in front of the main building shall earn 10 points. Figure 4-11 - Parking to Side and Rear of Building Parking to side and rear of building Building Located at the front yard line y t,.. 4*-. *A07.1 fah+ gitr, Pil• ,..- 14 l'ill; i e • ,C1 ir -. ,.. ..,.,„iii. liillt 44 4 •• id4i •• . !• al".14 < 4. ,0 ,4n`.t Landscaping in required front yard 3. Access Drives a. Base Standard (1) All access drives shall have a minimum development standards adopted by the City of Wylie. (2) Access drives shall be located at least 150 feet from an intersection except when the site is too small to meet this requirement. In those cases,the site plan shall be required to earn an additional 10 points. (3) Access drives serving developments with more than 30,000 square feet of development shall have a separated median, or be located at least 150 feet from each other, or as required by the City of Wylie development standards whichever is greater. b. Desirable Design Attributes (1) Combined access points with adjacent tracts and on-site internal circulation shall earn 20 points. (2) Landscape treatment of entrance drives shall earn 10 points if they meet the following conditions: (a) Decorative monument signs using rock,brick or other natural materials; (b) Plantings of seasonal flowers and/or flowering shrubs; February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 63 Zoning Ordinance (c) Flowering trees or large trees from the approved plant list or sculptural artwork or a combination of the two. (3)Direct connection between buildings and street. Figure 4-12-Landscape Treatment of Entrances ktpic ,. A .�. it,;( I140i Will 4. Location of Service Areas and Loading a. Base Standard (1) Service areas and loading areas shall be located where they are not visible from a public street or from adjacent residential lots. (2) Service or loading areas which cannot fully meet the above requirement shall have a masonry screening wall with gates which prevent visibility from a public street or adjacent residential lot. Masonry materials must match or complement the masonry materials of the building. b. Desirable Design Attributes (1) Service and loading areas which are not visible from a public street or adjacent residential lot, but which provide screening using a masonry screening wall with gates to screen the area from on-site areas, shall earn 10 points. E. Landscaping Landscaping points are awarded to projects in accordance with the following criteria: 1. Landscaping in Required Yards a. Base Standard (1) At least 20 percent of the site shall be landscaped in NS, CR, and CC Districts, and at least 10 percent of the site in BC and I Districts shall be landscaped. (2) Landscaping is required in the front yard. (3) Landscaping is required in the side and rear yards when adjacent to or across the street from a residential use. Page 64 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 PIA Zoning Ordinance b. Desirable Design Attribute (1) Landscaping that exceeds the minimum percentage of landscaping required for the lot shall earn points at the rate of 5 points for every increase of 5 percent of the area landscaped above the minimum, up to a maximum of 20 points. (2) Landscaping in the side and rear yards of a development, not otherwise required because of residential adjacency, shall earn 10 points if it meets the following conditions. (a) The landscape area is at least 10 feet in width; (b) The landscape area has shrubs at least 3 feet in height planted within the landscape strip; and (c) The landscape area includes at least one flowering tree for every 20 linear feet of planting area. Trees may be planted in groves or bands as long as the required number of trees are provided. 2. Landscaping of Parking Lots a. Base Standard (1) All site plans with required parking more than 12 spaces are required to have 50 sq. ft. of landscaped area for each parking space. In calculating parking lot landscaped area, all areas surrounded by parking spaces are counted, plus the first five feet of perimeter landscaped area, if any. (2) No parking space shall be further than 60 feet from a landscaped area on the site. (3) Parking rows 12 spaces or longer shall have landscaped islands at the ends. (4)All parking rows shall have landscaped areas at least every 12 spaces. first 5 feet of perimeter landscaping si? 41 ,a7 o 11111111111 111t1111111 . 1101111111111' 11 Landscaped Islands at end of parking rows I. s, I j: iR;ie All parking rows shall have landscaped areas at least every 12 spaces. Figure 4-13- Parking Lot Landscaping February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 65 reZoning Ordinance b. Desirable Design Attribute (1) Parking lots which exceed the 50 square feet of landscape area per parking space shall earn points at a rate of 5 points for each additional 10 square feet of landscaped area per parking space, up to a maximum of an additional 25 points. (2) Parking lots in which no parking space is further than 40 feet from a landscaped area shall earn 10 points. (3) Parking lots which provide landscaped pedestrian connections from the parking lot to the main entrance shall earn 20 points. To qualify for points the pedestrian connection must be separate from the parking spaces and drives, connect a central location within the lot to the building, and be developed with enhanced paving, and enhanced plant materials. Figure 4-14- Pedestrian Access from Parking Lot Building entrance 4111. ,iii1111.- r to 11.1 ia Lik ... I I /4.- : i ri:,:itt „ije ► M0:41 "-v.., ;.,l •+�.,.'• Decorative Paving -, ►,,I Materials %ill*�:, \ . / ` .,t �--- Enhanced Plant a Materials MateaIs \� Pedestrain access not part of parking lot 3. Visual Screening a. Base Standard (1) Service and loading areas are required to be screened using landscape materials which meet the following conditions: (a) The service area shall be bordered by a landscaped strip at least 5 feet in width; (b) The shrubs shall be at least 3 feet in height planted within the landscape strip;and Page 66 ARTICLE 4-NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 PIP Zoning Ordinance (c) The screening shall include at least one flowering tree for every 20 linear feet of landscape area. b. Desirable Design Attribute None 4. Landscaping of Street Frontages a. Base Standard (1) At least 50 percent of the required front yard, excluding any access drives,must be developed as a landscaped buffer. The landscaped buffer must be at least 10 feet in width. (2) Trees shall be planted within the landscaped buffer along all public streets. To the extent possible,trees should be planted in groves or belts on a 30 feet to 40 feet spacing depending on tree species. (3) Required trees must be at least 3 inches in caliper, measured at a point 12 inches above grade. (4) All nonresidential development shall provide a 4 foot minimum width meandering concrete public walkway around the development perimeter when adjacent to a public thoroughfare. The meandering walkway may be located partially in the landscape buffer and partly within the street right of way parkway and must be placed at least one foot off of the curb. Figure 4-15- Landscaping of Street Frontages Flowering shrubs and c. seasonal flowers Use of low +I ,,,, ti �i(f 1 ,;.,1 \.j , - wa..m...amam� � ... rock walls � ��'S� 'DEEM , 4��:,,� ''"• •''. ..' - 7 — --/ 4' minimum width meandering sidewal Visibility Triangle must be maintained b. Desirable Design Attribute (1) The use of low rock walls or other natural landscape features, flowering shrubs and seasonal flowers within the landscape buffer shall earn points at a rate of 5 points for every 10 percent of the landscaped area so developed, up to a maximum of 20 points. (2) Increasing the minimum width of the landscaped buffer shall earn points at a rate of 5 points for each five feet in additional width, up to a maximum of 20 points. (3) Increasing the width of the public walkway around the development perimeter from the minimum of 4 feet to 8 feet or greater shall earn 5 points. February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 67 reZoning Ordinance (4) Provision of special benches,lighting, or other streetscape amenities along the walkway shall earn an additional 10 points. Figure 4-16 - Landscaping of Street Frontages U lo Visibility rockse of w/allsw Triangle Artr • 4' minimum width • meandering L sidewalk � 111 E4 ♦ �. --C-44- Flowering shrubs 1•9k.,"is ►T s �� ' andflowers seasonal � � Propert . _ Line Req ed Fre t Yard Parkway F. Architectural Features Architectural points are awarded to projects in accordance with the following criteria: 1. Building Materials a. Base Standard (1) Primary materials for buildings in the NS, CR, CC, BC and I districts shall be 100 percent masonry including, but not limited to, brick, stone, cast stone, decorative concrete, or stucco. (2) Roofs with a pitch greater than 2:12 shall have roofing materials of architectural grade dimension asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. b. Desirable Design Attributes (1) Buildings that use two complementary primary facade materials to help achieve facade articulation,visual variety and/or architectural detailing shall earn 10 points. 2. Building Articulation,Form and Massing a. Base Standard Page 68 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 tifin Zoning Ordinance (1) In order to avoid large blank building facades,variations in the elevation of building facades facing a public street shall be provided in both the vertical and horizontal dimensions.Walls shall not exceed a height to width ratio of lto2 without substantial variations in massing that include a change in height and either a projective or recessed element. At least 25 percent of the facade shall be offset a minimum of 4 feet either protruding from or recessed back from the remainder of the facade. Figure 4-17-Building Articulation Roof form compatible with residential N architecture /// .\\N\ 1B211 WA MUM IL; COIGM oa aQ {�f/ NM IF 111111111 111111111111111111 11111111111111 Entrances emphasized 717—fir 25 Percent of Facade either 411 Minimum 4 projected or recessed Feet (2) Entrances to buildings shall be emphasized through providing projections,recessed areas, canopies, projections in height, or other architectural elements. (3) Ground floor facades facing a public street in a NS, CR or CC district shall have arcades, display windows, entry areas, awnings, or other such features along at least 60 percent of their horizontal length. February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 69 reZoning Ordinance Figure 4-18- Building Articulation Building Materials Projections --i _ -Cast Stone WY11■1I► "'"'�-1 . Stone i" I�jr `A7 Architectural �-S- = 1 ^� ��, elements - - EGS�GN - �Ln . --L -. L .w1 lei IS . 1 rwr _s�_. r_.4... ....... ..,..,.....,.4-t Canopies -...I ��.1-:w " iw�l �'T-�..�-.i �fIA '--i Z vi MO •'_ `-i_- .: 11111. a+ -�""""'��11 IIIIIJ H. � —�� a ... -'- - -_t maim Entrances /11r emphasized b. Desirable Design Attributes (1) Application of the base standard to facades not facing a public street, but visible from a public street, shall earn 20 points. (2) Buildings which use architectural detailing to provide variety in the visual appearance of the facade of the building shall earn 10 points. Architectural detailing may be achieved by the harmonious use of materials, colors, or textures. Page 70 ARTICLE 4-NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 Pit Zoning Ordinance Figure 4-19 -Architectural Details February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 71 pin Zoning Ordinance Roofing materials ,,,,%� Cast stone details 7�L�, , I��1��1��_> r-'�--�Z?�_=, Canopy L1I1I 1111111 - `r=-1 - .. _ -�. i :r_i Window _ JEG- •■r .,�m _=.2 z varAii, above ,� . . 11111111II 4_- =w .z- 4 �• � door l ' ' — Arches :.J .14D1lhtl9t®�6 / t'8' ' above . , '- 1 - �Itac kI o e 1 A -_____ windows } :. :1 r ..iv- ,,..1,, - ; GIVE Entrance treatment ' ' f - -Caststone t4. ,,ll:._4 77—Z �-- Rock work ,-.- L'..-.11�-IC Decorative brick patterns _ .. 1 -151rftptWV. _ .Lids...ett. La ter\ -41---Roofing materials a r I�- r E-- = ' / / m=t = _= � �-- --Arcade — 3. Architectural Compatibility a. Base Standard (1) Buildings in the NS and CR districts shall be designed to maintain architectural compatibility with the residential architecture of the surrounding areas. This may be achieved through the use of building materials, pitched roofs, window and door treatments, landscaping around the base of the buildings, or by other means. (2) Buildings within the CC District that are adjacent to residential zoning, or within 200 feet of residential zoning shall be designed to maintain architectural compatibility with adjacent residential architecture. This may be achieved through the use of building materials, pitched roofs, window and door treatments, landscaping around the base of the buildings, or by other means. Page 72 ARTICLE 4-NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002 Zoning Ordinance b. Desirable Design Attributes: (1) Buildings with pitch roofs which meet the minimum pitch requirements of residential developments (6:12) shall earn 20 points. (2) Buildings with pitch roofs developed with hip roof sections, dormers,or two or more gable roof sections at right angles to one another shall earn 20 points. February 27, 2002 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 73 PUBLIC NOTICE AND COMMENT FORM FOR PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP The Planning and Zoning Commission and City Council of the City of Wylie will hold public hearings to consider proposed revisions to the Zoning Ordinance and Map, specifically related to development requirements for residential and nonresidential uses. The hearings will be held: Planning & Zoning Commission: Tuesday, October 4, 2005, 7:00 PM City Council: Tuesday, October 25, 2005, 6:00 PM in the Council Chambers of the Municipal Complex 2000 S. H. Highway 78 North, Wylie, Texas Copies of the proposed revisions to the Ordinance and Map are available for public review in the Planning Department at the Municipal Building at 2000 Highway 78 North, Wylie, Texas, and at the Smith Public Library at 800 Thomas Street, Wylie, Texas. Anyone unable to attend the public hearing but wishing to make their opinions a part of the public record may submit written comments, on this form or other appropriate stationary, complete with name and address as well as the address or tax identification of the property owned,to the following address. Telephone comments will not received. City of Wylie, Planning Department 2000 Highway 78 North Wylie, Texas 75098 COMMENTS: 71-etAiCUIS AO act itav-e_ V-OLA, --e/201)--41-4:01A f QH7 !)'I /P_Zk e/L4 ( -e LA [Q CALL 7 0121 pl�� 2c ) 2A Name: �� o,41 vi Tax No.: (please print) Address: / et Cc ,09E'Signature: Date: 0a !' 7/ °- PUBLIC NOTICE AND COMMENT FORM FOR PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP The Planning and Zoning Commission and City Council of the City of Wylie will hold public hearings to consider proposed revisions to the Zoning Ordinance and Map, specifically related to development requirements for residential and nonresidential uses. The hearings will be held: Planning & Zoning Commission: Tuesday, October 4, 2005, 7:00 PM City Council: Tuesday, October 25, 2005, 6:00 PM in the Council Chambers of the Municipal Complex 2000 S. H. Highway 78 North, Wylie, Texas Copies of the proposed revisions to the Ordinance and Map are available for public review in the Planning Department at the Municipal Building at 2000 Highway 78 North, Wylie, Texas, and at the Smith Public Library at 800 Thomas Street, Wylie, Texas. Anyone unable to attend the public hearing but wishing to make their opinions a part of the public record may submit written comments, on this form or other appropriate stationary, complete with name and address as well as the address or tax identification of the property owned, to the following address. Telephone comments will not received. City of Wylie, Planning Department 2000 Highway 78 North Wylie, Texas 75098 COMMENTS: ,? -- Tax No.: �' - Name: - (please print) Address: f Signature: .,,, 1; Date: - f) 1 7� 3 J r v ' G S�n� % mil"'_ •.Q✓../.._y.:_... it /), J/ ri /..l(_ D , f_e) V,!+�"-..1'e;.' .".t! . .//.... 9 y'ti r J Y ,,..4 tom.+!. ,`., ::,.. .( .'� J/,,.'_` .:".,_- -. _'�._f //�. / -_-i . �: G .- r t ;/ , C _ i / 7 10/03/2005 19:07 FAX INSURANCE OVERLOAD SYS. t 001/001 PUBLIC NOTICE AND COMMENT FORM FOR PROPOSED CHANGES TO THE ZONING ORAINAN C AM) M►N.F. The Planning and Zoning Commission and City Council of the City c Wylecifi;(.111nold public hearings to consider proposed revisions to the Zoning Ordinance and ''A 1:, sp. Y te development requirements for residential and nonresidential uses. The 1 ;:tring3 will be held: Planning&Zoning Commission: Tuesday, O tobera2005, `,, I: 05,PM 7:0'I ?14 City Council: Tuesday, October in the Council Chambers of the Municipal Coin' Ex 2000 S. H. Highway 78 North, Wylie, Te: lu . - in Copies of the proposed revisions to the Ordinance and Map are avaail 81 b rfh r public,yl e.°, T� icw and the Planning Department at the Municipal Building at 2000 Highway t the Smith Public Library at 800 Thomas Street,Wylie, Texas. Anyone unable to attend the public hearing but wishing to make ill( r opinion., a part off the public record may submit written comments, on this form or oth r approc to stationary, complete with name and address as well as the address or tax idi:m ilicati m c�"I"the property owned,to the following address. Telephone comments will not receive I. City of Wylie,Planning Department 2000 Highway 78 North Wylie,,Tests 750! COMMENTS: • II Tax No.: (please print) Address: 4901 (ihi CYO G, . Date:j � -i �'1_. Signatur : � —