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03-11-2025 (City Council) Agenda Packet Wylie City Council Regular Meeting JAI March 11,2025—6:00 PM f'N Council Chambers -300 Country Club Road,Building#100,Wylie, Texas 75098 CITY OF WYLIE CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PRI. Eagle Scout Lillian Goodrich. PR2. Women's History Month. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the ConsentAgenda 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. Consider, and act upon, approval of February 25,2025 Regular City Council Meeting minutes. B. Consider, and act upon, Contract No. W2025-94 for the Finance Department in an estimated amount of $59,500 for a review of the City's water and wastewater rates and an update to the City's indirect cost allocation model through a cooperative purchasing agreement with HGACBuy (Houston-Galveston Area Council of Governments). C. Consider, and act upon, the approval of the purchase of Motorola M500 in-car video systems (formerly WatehGuard)in the estimated annual amount of$52,712 from Motorola Solutions,Inc.through a cooperative purchasing contract with Texas Department of Information and authorizing the City Manager to execute any necessary documents. Q. Consider, and act upon, Resolution No. 2025-08(R) authorizing the sole source purchase of ESRI Small Municipal and County Government Enterprise Software under a single three (3) year term from Environmental Systems Research Institute, Inc. (ESRI, Inc.) in the amount of$190,800.00 and authorizing the City Manager to execute any necessary documents. E. Consider, and act upon, Ordinance No. 2025-09 for a change in zoning from Planned Development 2022-06 (PD 22-06)to Commercial.Corridor and Commercial Corridor-Special Use Permit(CC&CC-SUP)on 5.43 acres to allow for a drive-through restaurant use and Commercial uses. Property located at 2310 W.FM 544 and 2320 W. FM 544(ZC 2024-12). a e � 1 E] K Consider, and act upon, Ordinance No. 2025-10 for a change in zoning from Light Industrial (LI) to Light Industrial-Special Use Permit(LI-SUP)on 1.2 acres to allow for an Automobile Repair Major use.Property located at 2751 Capital St. (ZC 2024-15). G= Consider, and act upon, a Final Plat for Kreymer at the Park, being 48 residential lots and two open space lots on 16.484 acres. Property located at 2605 E. Stone Rd. REGULAR AGENDA I. Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Downtown Historic District(DTH)to Downtown Historic District-Special Use Permit(DTH-SUP)on 0.23 acres to allow for a Smoking Establishment. Property located at 308 N Ballard Avenue(ZC 2025-02). 1 Consider, and act upon, authorizing the City Manager to sign a Development Agreement, pending zoning, between the City of Wylie and Skorburg Retail Corporation for the development of a single family development generally located north and west of Country Club Road and McMillen Road. 3. Consider, and act upon, Ordinance No. 2025-11 for a change in zoning from Agricultural District(AG/30) to Single Family- 10 District(SF 10/24)on 59.755 acres to allow for a single-family detached development. Property generally located at 1755 FM 1378 and 1813 and 2241 McMillen Road(ZC 2024-14). WORK SESSION WS1. Discuss Five Year Financial Plan. RECONVENE INTO REGULAR SESSION READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on March 7,2025 at 5:00 p.m.on the outside bulletin board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. Stephanie Storm, 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 972.516.6020.Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date, a e 12 hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: § 551.071 —Private consultation with an attorney for the City. § 551.072—Discussing purchase, exchange,lease or value of real property. § 551.074—Discussing personnel or to hear complaints against personnel. § 551.087—Discussing certain economic development matters. § 551.073—Discussing prospective gift or donation to the City. § 551.076—Discussing deployment of security personnel or devices or security audit. a e 13 0311112025 it,,A. lAl fN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject I Consider, and act upon, approval of February 25, 2025 Regular City Council Meeting minutes. Recommendation Motion to approve the Item as presented. The minutes are attached for your consideration. 0311112025 it,,A. Wylie City Council Regular Meeting Minutes JAI February 25, 2025—6:00 PM f'N Council Chambers -300 Country Club Road,Building#100,Wylie, Texas 75098 CITY WYLIE CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:02 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tem Jeff Forrester, Councilman Scott Williams, Councilman Sid Hoover, and Councilman Gino Mulliqi. Staff present included: Deputy City Manager Renae 011ie;Assistant City Manager Lety Yanez;Fire Chief Brandon Blythe; Communications and Marketing Director Craig Kelly; City Secretary Stephanie Storm; Police Chief Anthony Henderson; Parks and Recreation Assistant Director Brent Stowers; Finance Director Melissa Brown; Library Director Ofilia Barrera; Public Works Director Tommy Weir; Purchasing Manager Chris Rodriguez; Community Services Director Jasen Haskins; and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Councilman Williams led the invocation and Councilman Hoover led the Pledge of Allegiance. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fall out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No persons were present wishing to address the Council. CONSENT AGENDA All matters listed under the ConsentAgenda 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. Consider, and act upon, approval of the amended September 1.0, 2024 Regular City Council Meeting minutes. B. Consider, and act upon, approval of February 11,2025 Regular City Council Meeting minutes. C. Consider, and act upon, Resolution No. 2025-05(R) authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Rockwall County Elections Administrator to be administered by the Rockwall County Elections Administrator for the May 3,2025 Wylie General and Special Elections. D. Consider, and act upon, Resolution No. 2025-06(R) authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Dallas County Elections Administrator to be administered by the Dallas County Elections Administrator for the May 3,2025 Wylie General and Special Elections. F,Iag 1 0311112025 it,,A. E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of January 31,2025. F. Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for January 31, 2025. G. Consider, and place on file,the City of Wylie Monthly Investment Report for January 31,2025. H. Consider, and act upon, the approval of the purchase of vehicle safety equipment and services in an estimated amount of $500,000.00 from Pursuit Safety Inc. and Priority Public Safety; through a cooperative purchasing agreement with the Collin County Governmental Purchasing Forum/City of Allen; and authorizing the City Manager to execute any necessary documents. L Consider, and act upon, the award of contract #W2025-81 to Shade Structures, Inc. dba USA Shade for the purchase of a custom shade structure over the pickleball courts located at Community Park for $554,800.00 through a cooperative purchasing contract with BuyBoard and authorizing the City Manager to execute any and all necessary documents. J. Consider,and act upon,a Final Plat being a Replat of Lots 1-5 and 7,Block A of 544 Gateway Addition, creating six commercial lots on 9.216 acres, generally located east of the intersection of Business Way and Commerce Drive. K. Consider, and act upon, accepting a donation to the City in the amount of$5,779 from the Catholic Foundation of the Estate of Rita and Truett Smith. Council Action A motion was made by Councilman Duke, seconded by Councilman Williams, to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Hold a Public Hearing,consider, and act upon, regarding the writing of an ordinance for a change in zoning from Agricultural District(AG/30) to Single-Family- 10 District(SF 10/24) on 59.755 acres to allow for a single-family detached development.Property generally located at 1755 FM 1378 and 1813 & 2241 McMillen Road(ZC 2024-14). Applicant Comments Bryan Hall and Preston Crow, representing Skorburg Company, addressed the Council giving a brief presentation and answering questions from the Council on the proposed Country Club Estates neighborhood. Public Hearin Mayor Porter opened the public hearing on Item 1 at 6:24 p.m.asking anyone present wishing to address the Council to come forward. Jill Lowry, Catherine Butschek, Peter Russell, and Paul Kirkley addressed the Council speaking in favor of the proposed neighborhood. Joshua Thronburg addressed the Council with drainage concerns and requested that if this is approved, an eight- foot privacy fence be placed along the west side of the property. Mayor Porter closed the public hearing at 6:38 p.m. F,Iag 12 0311112025 it,,A. Staff Comments Community Services Director Haskins answered questions from the Council. Council Direction Council provided direction on the following items: include either/or the inlet or Knox Box for Sweetgum Drive based on discussion with staff, the developer, and Country Ridge Estates HOA; install the eight-foot board-on- board privacy fence on the west side of the property; and remove the towers from the property before any work is done. Council Action A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester, to approve Item I as presented with the discussed amendments. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing,consider,and act upon,the writing of an ordinance for a change in zoning from Single Family - 10 District (SF-10/24) to Townhouse District (TH) on 5.52 acres to allow for single- family attached development. Property generally located on the northwest corner of West Brown Street and Sanden Boulevard(ZC 2024-13). Staff Comments Community Services Director Haskins addressed the Council providing information and answering questions from Council. Public Hearing Mayor Porter opened the public hearing on Item 2 at 7:15 p.m.asking anyone present wishing to address the Council to come forward. Sondra Fisher and Jacki Tobar addressed the Council speaking in favor of the proposed development. Mayor Porter closed the public hearing at 7:19 p.m. Council Action A motion was made by Councilman Strang, seconded by Councilman Duke, to deny Item 2 as presented. A vote was taken and the motion passed 6-1 with Councilman Williams voting against. 3. Hold a Public Hearing,consider,and act upon,the writing of an ordinance for a change in zoning from Planned Development 2022-06(PD 22-06)to Commercial Corridor and Commercial Corridor-Special Use Permit(CC & CC-SUP)on 5.43 acres to allow for a drive-through restaurant use and commercial uses.Property located at 231.0 W.FM 544 and 2320 W.FM 544 (ZC 2024-12). Staff and Applicant Comments Community Services Director Haskins and Drew Donosky, representing ClayMoore Engineering, addressed the Council providing information and answering questions from Council. Public Hearing Mayor Porter opened the public hearing on Item 3 at 7:33 p.m.asking anyone present wishing to address the Council to come forward. Jacki Tobar addressed the Council stating that when this item went before the Planning and Zoning Commission they had similar concerns with the traffic access and requested the Council review that discussion. Mayor Porter closed the public hearing at 7:34 p.m. The Council requested a recess to review the February 4, 2025 Planning and Zoning Commission meeting. Mayor Porter recessed the Council at 7:36 p.m. F,Iag 13 0311112025 it,,A. Mayor Porter reconvened the Council into Regular Session at 7:41 p.m. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to approve Item 3 with the amendment of adding sidewalk access to the age-restricted apartments to the south.A vote was taken and the motion passed 6-1 with Councilman Mulliqi voting against. 4. Hold a Public Hearing,consider,and act upon,the writing of an ordinance for a change in zoning from Light Industrial (LI) to Light Industrial - Special Use Permit (LI-SUP) on 1.2 acres to allow for an Automobile Repair Major use.Property located at 2751 Capital St. (ZC 2024-15). Staff and Applicant Comments Community Services Director Haskins and Matt Moore, representing Harvey's Collision Center, addressed the Council providing information and answering questions from the Council. Public Hearing Mayor Porter opened the public hearing on Item 4 at 7:50 p.m.asking anyone present wishing to address the Council to come forward. There were no persons present wishing to address the Council. Mayor Porter closed the public hearing at 7:50 p.m. Council Action A motion was made by Councilman Mulliqi, seconded by Councilman Williams, to approve Item 4 as presented with the amendment of a wooden fence around the property. A vote was taken and the motion passed 7-0. 5. Consider,and act upon,Resolution No.2025-07(R)casting a nomination for a candidate for the Board of Directors of the Rockwall Central Appraisal District. Staff Comments City Secretary Storm addressed the Council stating that the Rockwall Central Appraisal District Board of Directors has a vacancy and the Council has the opportunity to nominate a candidate to be considered. Council Action No action was taken by the City Council. WORK SESSION Mayor Porter convened the Council into a Work Session at 7:52 p.m. WSl. Discuss ordinances regarding smoke shops,retailers that sell smoke,vape,CBD,and related products, and the use of those products within the City of Wylie. Community Services Director Haskins addressed the Council providing information and answering questions from the Council. Council direction included moving forward with staff's recommendations on the SUP process and further exploring amending the City ordinance to not allow smoking inside spaces or within so many feet of an entrance similar to other cities for the health and safety of our citizens,but allow for specific exceptions. F,Iag 14 0311112025 it,,A. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 8:09 p.m. ADJOURNMENT A motion was made by Councilman Strang, seconded by Councilman Mulliqi,to adjourn the meeting at 8:10 p.m. A vote was taken and the motion passed 7-0. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary F,Iag 15 0311112025 Item B. JAI fN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Purchasing Account Code: 611-5719-56040 Prepared By: Kirby Krol Subject Consider, and act upon, Contract No. W2025-94 for the Finance Department in an estimated amount of$59,500 for a review of the City's water and wastewater rates and an update to the City's indirect cost allocation model through a cooperative purchasing agreement with HGACBuy(Houston-Galveston Area Council of Governments). . . . 7Motionto approve the Item as presented. Discussion 0 The Finance Department is seeking Council approval for a consulting services agreement with NewGen Strategies and Solutions, LLC ("NewGen") for a review of the City's water and wastewater rates, and an update to the City's indirect cost allocation model. The term will be for a one-year,with four optional one-year renewal options at the City's discretion. In accordance with the City's adopted Financial Management Policy for user-based fees, an annual review of these fees and charges is conducted to ensure that fees provide adequate coverage of costs and services. For services associated with a user few or charge, the direct and indirect costs of that services will be offset by a few where possible. Additionally, the City's Financial Management Policy for utility rates requires an annual review. In 2020, NewGen performed a full rate study for water and sewer rates. Utilizing the data and guidance gathered through ewGen's study, an annual review has been completed each year by City staff, incorporating updates using the Utility Fund five-year financial plan. In 2022,NewGen reviewed their data from 2020 during the budget process for FY2023 and determined that the recommended 023 rates were still accurate. However, a recommendation was made to adjust the FY2024 and FY2025 rates to incorporate increasing inflationary costs at NTMWD. full study for future rates to support FY2026-2030 is needed to assist City staff through the budget process in order to meet he needs of the City while maintaining a balanced budget through efficient use of resources, expenditures, and revenues. Therefore, staff recommends approval of a consulting services agreement with NewGen through a cooperative purchasing agreement with HGACBuy to facilitate this study. (HGAC Contract No. HP08-21,Wylie Contract No. W2025-94) El 03111120251tem C. JAI fN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Purchasing Department Account Code: 100-5211-52130 Prepared By: Christopher Rodriguez Subject I Consider, and act upon, the approval of the purchase of Motorola M500 in-car video systems (formerly WatchGuard) in the estimated annual amount of$52,712 from Motorola Solutions, Inc. through a cooperative purchasing contract with Texas Department of Information and authorizing the City Manager to execute any necessary documents. Recommendation E Motion to approve the Item as presented. Discussion n The Wylie Police Department utilizes Motorola M500 (formerly WatchGuard)in-car video systems. The requested purchase f seven M500 in-car-video systems will replace end-of-life WatchGuard in-car-video systems in patrol vehicles scheduled to e built during the current 2025 budget year. Staff recommends the approval of the purchase of Motorola M500 in-car-video systems in the estimated annual amount of 52,712 as providing the best overall value to the City through the use of an interlocal cooperative purchasing contract with Texas Department of Information. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 ubchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. IR Contract#DIR-CPO-5433/City of Wylie#W2025-93 11 03111120251tem D. JAI fN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Information Technology Account Code: 611-5711-54810 Prepared By: Christopher Rodriguez Subject I Consider,and act upon,Resolution No.2025-08(R)authorizing the sole source purchase of ESRI Small Municipal and County Government Enterprise Software under a single three (3) year term from Environmental Systems Research Institute, Inc. (ESRI, Inc.)in the amount of$190,800.00 and authorizing the City Manager to execute any necessary documents. Recommendation 0 Motion to approve the Item as presented. Discussion 2 ESRI software is used in the GIS Department for digitizing information from Wylie Fire and Rescue, Planning and Zoning, Public Works, Engineering, Parks, Utility Billing, Accounting, City Manager's Office, and the citizens of Wylie. Typical information is utility data(water,sewer,and storm),zoning districts,owner parcels,development projects,the EM(Emergency Management)map,roads/highways,fire district,fire call box,Police district,and park trails maps are all supported with ESRI software. The software is also used to host fire hydrant locations, preplan inspections, and an online data hub for the public to retrieve important information. It also stores address points,road names, trails, sidewalks, stop lights, street signs, and water meters. SRI software is also used to import engineering drawings, and can be used to generate pdf maps for public notification, and making online maps for City personnel and the public. Subscriptions for ESRI software are based on population size and staff recommends the approval of this resolution authorizing he sole source purchase of software from ESRI Inc. to provide the best overall value for the City. This is a single three (3) year agreement in the amount of$1.90,800.00,payable on the anniversary dates in the amount of$63,800.00 per year. Wylie Agreement#W2025-71 El 03111120251tem D. RESOLUTION NO. 2025-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO AUTHORIZE THE SOLE SOURCE PURCHASE OF ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT ENTERPRISE SOFTWARE UNDER A SINGLE THREE (3) YEAR TERM FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI, INC.) IN THE AMOUNT OF $190,800.00. WHEREAS,The City of Wylie Information Technology Division has identified a need to purchase ESRI Small Municipal and County Government Enterprise Software; and WHEREAS, this software is utilized by the GIS Department to digitize a wide range of City documents,information, maps and other documents for use both internally and by our citizens; and WHEREAS, authorization of this resolution will establish a single three (3) year term in the amount of$190,800.00,payable in three(3)annual payments of$63,600.00; and WHEREAS,the purchase of ESRI Small Municipal and County Government Enterprise Software from Environmental Systems Research Institute, Inc. (ESRI, Inc.) is exempt from competitive bidding pursuant to Section 252.022.a.7 of the Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1.The City Council hereby approves the purchase of ESRI Small Municipal and County Government Enterprise Software under a single three(3)year term from Environmental Systems Research Institute, Inc. (ESRI, Inc.). SECTION 2. The City Council hereby finds and determines that the purchase of ESRI Small Municipal and County Government Enterprise Software under a single three (3) year term from Environmental Systems Research Institute,Inc. (ESRI, Inc.) is available from only one source because of patents, copyrights, secret processes or natural monopolies and is exempt from competitive bidding pursuant to Section 252.022(a.7.A) of the Local Government Code. SECTION 3. The City Council hereby authorizes the City Manager or his designee to execute any and all documents in connection with the above expenditure. SECTION 4.This Resolution shall become effective immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 1.11h day of March, 2025. Matthew Porter, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2025-08(R)ESRI Software Page 1 of 1 El 0311112025 Item E. JAI Wylie City Council CT WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject Consider, and act upon, Ordinance No. 2025-09 for a change in zoning from Planned Development 2022-06 (PD 22-06) to Commercial Corridor and Commercial Corridor - Special Use Permit (CC & CC-SUP) on 5.43 acres to allow for a drive- through restaurant use and Commercial uses. Property located at 2310 W. FM 544 and 2320 W. FM 544(ZC 2024-12). otion to approve the Item as presented. Discussion On February 25, 2025, City Council approved the writing of an ordinance for a change in zoning from Planned Development 2022-06 (PD 22-06) to Commercial Corridor and Commercial Corridor- Special Use Permit(CC & CC-SUP) on 5.43 acres to allow for a drive-through restaurant use and Commercial uses. Property located at 2310 W. FM 544 and 2320 W.FM 544 (ZC 2024-12). As part of the approval, Council stipulated that a pedestrian connection be provided from the site to the property line of the senior living facility to the south. The applicant agreed to construct the connection and the zoning exhibit and SUP conditions have been updated to include those stipulations and are included in this Ordinance. Final approval of Zoning Case 2024-12 requires the adoption of the Ordinance to amend the zoning accordingly in the Official Zoning map of the City;and providing a penalty clause,a repeal clause,a savings clause,a severability clause,and an effective date. The subject Ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (Zoning Exhibit), and Exhibit C (SUP Conditions) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. El 0311112025 Item E. ORDINANCE NO. 2025-09 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2024-12, FROM PLANNED DEVELOPMENT 2022-06 (PD 22-06) TO COMMERCIAL CORRIDOR AND COMMERCIAL CORRIDOR-SPECIAL USE PERMIT (CC& CC-SUP) ON 5.43 ACRES TO ALLOW FOR A DRIVE-THROUGH RESTAURANT USE AND COMMERCIAL USES;PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor (CC) and Commercial Corridor - Special Use Permit(CC-SUP), said property being described in Exhibit A(Legal Description),hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and SUP Conditions are an integral component of the development of the property and are attached as Exhibit B and Exhibit C. 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. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: 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. Ordinance No. 2025-09 Victory at Medical Plaza(ZC 2024-12) Page 1 of 2 15 0311112025 Item E. SECTION 7: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 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this llth day of March, 2025. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Dates of Publication: March 20,2025,in The Wylie News Ordinance No. 2025-09 Victory at Medical Plaza(ZC 2024-12) Page 2 of 2 El 0311112025 Item E. Exhibit "A" Legal Description Victory at Medical Plaza, being all of Lot 2 (future Lots 2A and 2B as depicted on Exhibit "B" Zoning Exhibit), Block A of the Senior Medical Addition to the City of Wylie, Collin County Texas. 1� 0311112025 Item E. Lu i GRAPHIC SCALE •_ I r lizW ' - / ,t / ITE LEGEND e �i oNcst t, xfN, �rg � .�". AF �ANEgAAMENT 1 J _ — — ; ooEITE11 IA N EA 1. ma.Rc. \�7 1�V Q "o ,ROAo F '1 ...6 544 T ""*,%`.'+5 \� VICINITY MAP ___ - go c y� �^ F T Aa --- o ' .T r o n V� 1 ` �° -- H TO,IAYI �or�A j 5 AORES �, o 4 T. IF / u wv Ago T oN 3 r �� E ll A..,., .�. ® 65t l aSiS �� ML " rac...T rrz u t fl e v. _DAL T F _DAL SF 1 A 0 i t y ( M, 3 a Ri)NV 3qq — N sEMENT T T l s � ff �- 1 ZONING CASE oE_�i 1 1 --- T — N nE .. -- -- °' C o��o ANT voEs �x r r c SC d T, v W E.vsEMENT v-rAz — C7 i.. i. / NATE Z II `. O o EASEMENT E i" VICTORY GROUP z S vRcar. N Hot.NcrrzesvrAz RpO-i. N SHOPS AT WYLIE O i oOSPORATON OF THe sFOEoauAS TO ENT o� No. ��. MA 12 ioT Ex.zoN Nc vuov oNNN enovosvousvo esossi-11A xoTmvzaAev To*a�eTT,Nc viooaTo vAax Ne vzav ous ARea MvzAv Nr eNrl ,9ex - Tl1.1 VE,ss,v.1 1;1. OF �aT T� « T. T� T� N oEo �x o TS: exAeT ":,,D EOurt, - coN Ac Av RSTv.rz Tv3x x - .... TE ass -.-. ,x xzAa rEOAFoEe�R VT ON. rom�Nc i BAN,wr,Baez El 0311112025 Item E. EXHIBIT "C" Conditions for Special Use Permit Victory Shops at Medical Plaza I. PURPOSE: This Special Use Permit shall be established to provide Commercial use, including restaurant w/ drive thru to support the economic growth within the region. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations of the Commercial Corridor District (CC) set forth in Article 4, Section 4.1 of the Comprehensive Zoning Ordinance (adopted as of June 2023), except as specifically proved herein. 2. The design and development shall take place in general accordance with the Zoning Exhibit (Exhibit B). This SUP applies to Lot 2A only. III. SPECIAL CONDITIONS: 1. All allowed uses in the Commercial Corridor District (CC) set forth in Article 5 of the Comprehensive Zoning Ordinance (adopted as of June 2023), in addition to those listed in this paragraph shall be allowed by-right uses. a. Restaurant with Drive in or Drive-Through Service. 2. The site plan shall provide pedestrian access, to the best extent possible, to at least the property line of the adjacent property located at 100 Medical Plaza Drive (currently known as Meridian at Wylie). El 0311112025 Item F. JAI Wylie City Council CT WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject Consider,and act upon,Ordinance No.2025-XX for a change in zoning from Light Industrial(LI)to Light Industrial-Special Use Permit (LI-SUP) on 1.2 acres to allow for an Automobile Repair Major use. Property located at 2751 Capital St. (ZC 2024-15). Motion to approve Item as presented. Discussion On February 25, 2025, City Council approved the writing of an ordinance for a change in zoning from Light Industrial(LI) to Light Industrial-Special Use Permit(LI-SUP)on 1.2 acres to allow for an Automobile Repair Major use.Property located at 2751 Capital St. (ZC 2024-1.5). As part of the approval, Council stipulated that a 8' board-on-board fence be constructed on the east side of the property to screen the property from the adjacent property. The applicant agreed to construct the fence around the north and west sides in addition to the east side as they need security fencing and want one type of fencing for aesthetic purposes and ease of maintenance. The SUP conditions and zoning exhibit have been updated to include that stipulation and are included in this ordinance. Final approval of Zoning Case 2024-15 requires the adoption of the Ordinance to amend the zoning accordingly in the Official Zoning map of the City;and providing a penalty clause,a repeal clause,a savings clause,a severability clause,and an effective date. The subject ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (Zoning Exhibit), and Exhibit C (SUP Conditions) are included and made a part of this Ordinance. The above-described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. El 0311112025 Item F. ORDINANCE NO. 2025-10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2024-15, LIGHT INDUSTRIAL (LI) TO LIGHT INDUSTRIAL - SPECIAL USE PERMIT (LI-SUP) ON 1.2 ACRES TO ALLOW FOR AN AUTOMOBILE REPAIR MAJOR USE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Light Industrial - Special Use Permit (LI-SUP), said property being described in Exhibit A(Legal Description),hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and SUP Conditions are an integral component of the development of the property and are attached as Exhibit B and Exhibit C. 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. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: 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 7: This ordinance shall be in full force and effect from and after its adoption by the Ordinance No. 2025-10 Harvey's Collision(ZC 2024-15) Page 1 of 2 El 0311112025 Item F. City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: 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 1 lth day of March, 2025. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Date of Publication: March 20,2025,in The Wylie News Ordinance No. 2025-10 Harvey's Collision(ZC 2024-15) Page 2 of 2 El 0311112025 Item F. Exhibit "A" Legal Description Harvey's Collision, located at 2751 Capital Street, Wylie, Texas 75098 being all of Lot 1, Block A of the Wellstar Addition to the City of Wylie, Collin County Texas. 0311112025 Item F. zo 1 __—NIA DONED r "r / SANITARY SEWER LINE EXISTING S`WATER't .' �,,..--yyjSTING$' LINE TO REMAINI \: r ,1ST LF EXISTING W WATER Li�'E SAID BY SEWER l \ TO BE ABANDONED IN PLACE r LINE TO REMAIN ` f / I / _..® // /.�.^_...D CONCRETE e_.. _PROPOSED PROPOSED UOE pftP,000 PSI RAP PROPOSED 7 DRAINAEDCONCRETE / / PROPOSED CONCRETE DUMPSTER ENCLOSURE ( RECAST DUMP CCOSU ------------ _ DRAINAGE fI1ANN_EL �� DRAINAGE CHANNEL CONCRETE WING WALL HT8 � ,...... _ ...... S ! l T J Le _ -gelo , Z-- kiT2 LF EXISTING 8'SANITARY l t U\' t _ y ,f T"*'.Y'*'�. ;i�" r' r r"- SEWER LINE TO DE ABANDONED IN PLACE L t � 1EA6EMENTE 7 FROPGNAG TO'BUILOING PROPOS {•fp $,.,��S�t.yv I SETBACK AC•, *''xN"+P } TYSON y s (, 10'X 20' i corvc �. i APRON 84UEXISTING MANHOLE TO 6E CONC » ��- DEMOLISHED PER CITY OF APRON �} GN�, g„ EXIST GTEMPDRARY YiNIIE SPECIFICATIONS t{ :}fA,.� tt }`i } S DRAINAGE y TTkOF08E _ [ r ASEMENT , 1 .^ ty b TO UTILITY '�i ABANDONED 0' 14 PUBC1 I tUlO i } 4 1 }y 7 la Y fip t t t tt (( { 275OI RY CAPITAL STREET D «�» 2176'„„y,l 2STOR00 CAPITAL STREET f+"'s' •� : ONE-STOIGHT2 FT AL.88UILDING t ONESTORYINDUSFT,8 BUILDING HEIGHP-280,FT I tp.6 } I HEIGHT 0BFT.BIN tS T f5H39$0 fT ( Y 12,100 SO FT APRO'ONON PROPOSED VAN ACCESSIBLE 4 t ) „i. PROPOSEDVAN ACCESSIBLE APRON 1E Ft E' � } } PARK HID SIGN t i PARKING SIGN S )tt y F Si t PROPOSED ACCES'sIDLEPARKING PROPOSED ADA 350' t t PROPOSED FIRE :IDENTIFlCARON \ -PROPOSEOFRE y DEPARTMENT COMPLIANT RAMP WITH '$ t i P�POBE RDA ?T"�} \ \ G-..,' ES LANDING DEPARTMENT i t CONNECTION(EPID COMptiMT RAMP WITH CONNECTION TOO) J ( r S t { US f } TRAC K ii CONCRETE BE S .}, i t V i REM EO t a t S PR SE 'X5'y 0 D9 R FF 4 {t }1 di yM J 3 C },} t§ ' -, t, by c ,� b� ,„•*y,'{ ��, }„S „�PRE-AST CONCRETE i t r •;,, f 7t may=}.. ��.-,. { �� y � ��.. �, r .. �- PROPOSED GATE i S`AE t�)yyF2 SERVICE L B FmIC s E X BOX � EXISTNG eo AccEss r i (—_— -- ----cmLrrra oRmrcace EASEMENT t EXISTING TS PROPOSED VOL 2008 PG a,ocMtk ; DRAINAGE EASEMENT SECURITY FENCE �-A' y y�,s,fy� "� 4 CCX20UAT 12100i35S65Q OCLRs PER SECTION 111.3 OF APPROVED SUP t EXIST '- _ u. � >"XISTIN© \ LEGEND GATE VALVE _ y""•`- y " "V„,} �MLtT SDUTY CONCRETE SAWCVi ISO LF CURB / \ 8'THICK REINFORCED CONCRETE AND GUTTER CONNECT ! "'� l SUBGHADE PER GROTECH RECOMMENDATION TO EXISTING PAVEMENT RECONSTRUCT INLET THROATTAPER t1 UGHTDUTYCONCRETE V''THICK REINFORCED CONCRETE EXIST ui SUBGRADE PER GEOTECH RECOMMENDATION FIRE HYDRANTui ®� UiiTYTEA6 EMENT CONCRETE SIDEWALK ' `,X APSE,A^,3•CCAAP BNLDiNG ��i "-R14HT OFWAY LINE NOW (�wfj ..__......._ BUILDING SETBACK PARKING NOTES iZINSP f5.9506F aZag5p BF INDUSTRIfiLUSE, 26,050f>5A 9f=2I.4{:8)FARKIN69RACE9. 24 0311112025 Item F. EXHIBIT "C" Harvey's Collision Center Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for an automobile collision repair center use classified as Automobile Repair, Major. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of June 2023), except as specifically provided herein. 2. The design and development of the development shall take place in general accordance with the Zoning Exhibit (Exhibit B). III. SPECIAL CONDITIONS: 1. All allowed uses in the Light Industrial District (LI) set forth in Article 4 and 5 of the Comprehensive Zoning Ordinance (adopted as of June 2023), in addition to those listed in this paragraph shall be allowed by-right uses. a. Automobile Repair, Major. 2. The Zoning Exhibit (Exhibit B) shall serve as the Site Plan for the Harvey's Collision Center. Approval of the Special Use Permit shall act as site plan approval. 3. An eight-foot high wooden board on board fence shall be constructed prior to the issuance of a Certificate of Occupancy for the use. The fence shall be reasonably maintained while an automotive repair, major use occupies the property. The fence shall be along the east and north property lines entirely and along the west property line until the fence transitions to wrought iron of the security gate. Page 1 of 1 El 0311112025 Item G. JAI Wylie City Council CT WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject [Cronsider and act upon a Fina1 Plat for Kreymer at the Park,being 48 residential lots and two open space lots on 16.484 acres. operty located at 2605 E. Stone Rd. Recommendation Motion to approve the Item as presented. Discussion OWNER: McClintock Homes APPLICANT: Engineering Concepts & Design The applicant has submitted a Final Plat for Kreymer at the Park. The plat consists of 48 residential lots and two open space lots on 16.484 acres zoned within the SF 10/24 district. The property was zoned SF 1.0/24 in 2019 and the single-family residential use is allowed by-right. A preliminary plat for this site was approved in September 2021. The plat dedicates the necessary rights-of-way and utility easements,including a pedestrian easement for a trail connection to Grayhawk Park located southwest of the subject property. All open space lots are to be dedicated to and maintained by the Home Owners Association. Lastly,a note has been added to the plat requiring all homes to provide NFPA 1.3D fire sprinkler systems to meet fire standards due to the lack of two separate entrances into the subdivision. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Recommendation The Commission voted 4-0 to recommend approval. 26 0311112025 Item G. ERANCISCO DE LA PEM SURVEY A-888 ,_\ s _/ N ( 5� , ,.4a..I ) z. (aJ). oo- b, LI, pL � a (E-) s 75op�.4^ _ �o 9 om - .,e E ypl0 ��f`�,,, w� ,.. a _ 1, py, o l e o00o v O no z'" n �,._c,as„c '. / •�_ F�.,6 418.8 �( G� a. NOT sa _ - 4 OR All -E / ,a x�zs /�� . o ;moo S / S 6 SO C BE C C. y; J I 1 \ _ I. �i� 5 .�\ rs �J ns �� r. °e u, I'— „o er �� ;tea ,B — ,_ 31 4 o H IF I � 3 w y, �° w e�gal , � i w � Yi �� BR— — era, — � cal �� _� EAT , PP w�N Jo Y — �� u 1re u J 4 s oveJ. �.� oaB�,�moo do to Im sa � m 0 i - �, I m I w a;S z �r�. a�.° y So — -- - - ,<� t - 1' ncKLJ .rst+.rvil 9 4-nts NEzq oo' IT L Bo oo-- Bow_ - oo _T ao .. ao oo--,-..—act In.i � Nsr asr a r -2QAl �+ a 5 k (soM�n..utA) _ r . It 4'. mil 0 1_ e f B, v ° �� EI - TI ,ea.s .._ � --1-?I� c N e"42'03"BYP 1339 3f:.00 c t.n�.ni �II ...c ccoo eo oo `POINT OF c h rEET_ b� 3P ,zn \ 11 e e a BEGINNING � All Te o __ __ �� ss WHITNEY LANE s re ERANcrsI)o REA-sea)NA SURVE /_cEno AI STREET 3 0 4 All R s Av� — [ .� AH SUARIRESIDENTIALRE LOTS 2 COMMON AREA LOT e _. IHT YM Rp AT THE PARK T T, McCLIATOCK IIQ�AE LET BRING I IT1111 kg,o 16.484 ACRES / V ( ) Z ITUATED IS fHE -A SURVEY T ;OSI coe131 eEa aie Corr .... ....._ e a e.. ....... E ___ FF2A CISCO CITY OFDE LA N7LLFPCOLLIN COUNTY TEX"A.SG 8 8"= 45 45 IS AT AT EASEME 4ETAIl 8 o nPira. sas¢..orvs ` CAR SCI�VEYJ?VC COAYf'ANP 6 �.., °" ENGINEERING CONCEPTS&DE SZGN LP b o LNGfNFFRIN%PRO✓LCT MANAG CTfON/ S&RVECLS 121. s VICINITY MAP �° -(eoT)aoa 2ae, n PO�(TT)soi eaao ax[s)sar oaoi .z/za/zazs 0311112025 Item G. OWNER'S CERTIFICATE AND DEDICATION SURVEYOR'S CERTIFICATE nTE OF lLxnS P 'NOW ALL MEN B.THESE PRESENIS. ,EH IATY OF COLLIN¢ _ T F 1H s yet e paced u.e y Ae sO a.su PL A0. acco ante _,tie WH. - P NA a 't P SU sivaC NO 6NN,CTv IF We F C..L-1IT11_ ., S BONG N 0 F -,HFA, I'n!S L.C.f;.A.S 0. ORE SuJd's 0 a'nonc_or!ne Cty of Wyk P y C. ) ... I OR AS ....f ...-IF RAI TIES', �TAi JkV 1V2 AAHIMIFAIL FIT, !T RCmRGi C 4. OIN,Y,1C A (YR0.n,SAMF PC iF_.0. C. ORNCR Or pC nC MPR1 0 TEXAS N0.66]i �naa.Q I aae ( "EACT, V RO1111 IF 11 LI _ STAT OF TEXAS O, COIN Y'IF(ALL F_E raU,;W L1 A 1/L DC! IUn 1 NO of n O!OLAccs J is is FIT S,A Dist 211 [STORE sE,t. 'a Cuu.ty Pane C.. e 0'AACIAA GCALL : 'RUMENT P P P P v NATO Or .AND,AND`EAL 0'OFF.,..IH S DAY OF 2025. /. D IT AN HART FIT YVT.E.BS ADD ON,AN EDITION 0 N, CO.Ni F O DF.D GAR'r. 2021, FF A. ACT , NO'!A UBUC FOR'I E IYA c 01 TEXAS INE OF_GA D ACCO TIAC SPIN WYLII J AODITI (T51.OWINC THESE(1) MY CO oMISSION:BP ReS IIMICS )SOUTHA F,DEGREES 09 n+INVTCS s.SECONDS EAST,A �ftF A t/t-INCi III n i/_ NOW,THEREFORE IDOW ALL MEN BY'THESE PRESENTS. e q -nq to S KRE MER AT THE PA K a q t ih_+ce t, -c.IF,.t--t.5, ti d us v 6 <+t to b y rrnote to-tl�e bliss 0n�,in Cly IF y F use lNerwf. RECOMMENDID FOR APPROVAL" e ... ..... ........... �ft C_y NfpxyFe O IT - -- ImT Zo g n niss�an SAT,, v Ner .w_-A the"'A"A" t y p ,FHN,p I from......e. p *�e APPROVED A CNIASTIUCTION n FIND pP ee.1I to p q OI.e A.A Ntlb s or,ne CIC WMA,To;:Os. WIHNISb, y 0na, v .�O'.t:,. __. _._._._._._ ......_._.__....._ _......._._._. v 11C...9AA3 ontn FOR.M-1117CGc HOME,_LC(w,ner) "ACCEPTED" BY IAicna_I A TOM,M y y ember ,,- Ctv 10A,Teas NOe SIITE OF 1EXAS ¢ _ �.0 a OF ✓' - ll EYd2R At t io "S'I N s e[o regn engeU to rth n G.VEN MY HAND AND SEAL OF OFFICE THIS DAY OF 2025. 0 V nce tF_reo y y g s name as Fa�e.n0bo�e subscnb_d. ID....Ly LF,d I- ......_dFy IT_._._._._._._..._._._._._.�A.,2025. PUB IF F'0.THE SIATE OF'IE,xAn My CONC,ORIGIN CITY I IMA,IA-A AS RESIDENTIAL LOTS FINaI.PTLm'�L((F THE 2 COMMON AREA LOT ,/d-1�1YN,`>-r� AT TH PAJ K THANSI MCCLINTOCK HOMES,LET Bk'INC 161 W ERIC STREET R!!O 16.484 ACRES 0 L''11O7S SFITAITED IN THE 9D2-3931 F&ANCISCO DE LA PINA SURVEY ABST NO,688 f D E CITY OF WYLIF COLLIN COUNTY,TEXAS p a 0"NNo L Sp�VEfYI?VC COAYf'p NP' ENGINEERING CONCEPTS IF DESIGN,LP J'x j SUIUE IN%PRO✓PCT MANAGEMEN I ONSTRIICTION S SCGS TB - 2DJ0 65 LNGfNF.ER tlnnlel.nnDOT)l'N, BIT Go, 2al m("O'o��e4a0VITFA'(9v i 9 1E�T00HB UANN 2/2O/2a25 0311112025Item 1. JAI Wylie City Council CT WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Downtown Historic District (DTH) to Downtown Historic District - Special Use Permit (DTH-SUP) on 0.23 acres to allow for a Smoking Establishment. Property located at 308 N. Ballard Avenue (ZC 2025-02). otion to approve the Item as presented. Discussion OWNER: Vidita Patel APPLICANT: Jose Hernandez The applicant is requesting a Special Use Permit (SUP) on 0.23 acres to allow for a Cigar Lounge use at 308 N. Ballard Avenue. The floor area of the existing structure measures 1,250 sq. ft. The current zoning is Downtown Historic District (DTH). The SUP conditions allow for the Cigar Lounge as a Smoking Establishment use. The establishment is limited to cigars only and is not permitted for any other style of smoking or vaping products. The proposed development contains a lounge area, a humidor, and will offer charcuterie style food. Additionally, the development is proposing to allow for customers to bring in their own alcoholic beverages. Neither the Texas Alcoholic Beverage Commission(TABC)nor the City of Wylie regulate bring-your-own-beverage (BYOB) establishments. The SUP allows for outdoor seating and music but limits noise and hours of operation for live entertainment to 9 p.m. daily. Additionally, any structural additions must be reviewed and approved as required by Section 6.3 of the City of Wylie Zoning Ordinance. The SUP shall be rescinded and the base zoning of DTH be established,should the business not be owned by Faustino Cigars, LLC. The property to the north is developed with a single-family residence that operates as a short-term rental. The property to the west is developed as an office for the Wylie Chamber of Commerce. The property to the south is developed with a coffee shop. The property to the east is developed with a church. The subject property lies within the Downtown sector of the Comprehensive Land Use Plan.Development within this sector's main purpose is to build upon the existing Downtown development pattern by encouraging appropriate infill and redevelopment of similar uses. The secondary purpose is to preserve and promote Downtown as the cultural center and key economic driver for Wylie. 0311112025Item 1. Notices were sent to fourteen property owners within 200 feet as required by state law. At the time of posting, one response was received in favor and two in opposition of the request. If zoning is approved,a finish out permit for the retail suite and Certificate of Occupancy shall be required prior to the business opening. P&Z Recommendation After discussion regarding limitations to the addition of outdoor entertainment and seating area,the Commission voted 5-0 to recommend approval. El 03/1112025Item 9. Locator Map o. Y r, �S 5 � 4 . ti e u; q a d rV F i 3t� & + Q t fi h � 4 } t # h:c z < w m a >i ZONING CASE ZG 2025-02 SUBJECT property WYLIE .�; sn d� U 100 200 300 400 500 600 Feet [date: 1/22/2 25 31 0311112025 Item 1. Office --------- ............... .......... ....... T- F.............................. ------------ ------ El-ro-11 Lj Kitchen Fil- Humidor C—D Reception _LLD-, Tig Smoking [C-L Lounge Porch 30b N Ballard 5t El 0311112025Item 1. EXHIBIT "C" Faustino's Cigars and Lounge Conditions For Special Use Permit I. PURPOSE: 1. The purpose of this Special Use Permit is to allow for a cigar lounge use within the Downtown Historic District. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations of the Downtown Historic District (DTH) set forth in Article 6, Section 6.3 of the Comprehensive Zoning Ordinance (adopted as of June 2023), except as specifically provided herein. 2. The design and development of the Faustino's Cigars and Lounge development shall be in accordance with Section III below and the Zoning Exhibit (Exhibit B). III. SPECIAL CONDITIONS: 1. This Special Use Permit shall allow for a Smoking Establishment use within the Downtown Historic zoning district. 2. A minimum of five on-site parking spaces shall be provided. 3. Live music and seating shall be allowed outside. 1. Live music shall only be allowed until 9pm daily and not exceed 80db measured at the property line. 2. Outdoor seating can be provided with any structural additions required to be reviewed and approved per Section 6.3 of the City of Wylie Zoning Ordinance. 4. The Smoking Establishment use is further limited to the manufacture, selling, and smoking of cigar products only, as generally defined. 5. The Special Use Permit is intended for a Smoking Establishment owned and operated by Faustino Cigars, LLC. Under any other use or ownership, the SUP shall expire and zoning reverted to the base DTH district. 0311112025Item 1. �05 ■ N Notification Map 2 � tititi .......... b W'BR9.WN ST E BROWN ET ..... .,m .. .y s � LU YO� ^ Y 2 4 f o 306 (0 r--------I IL w w 0 k t i i f i � 2 u ti s° 3�1 oti El 2 W JEFFEt SON ST E JEFFE SON ET _A tio5 yo5 ZONING CASE: p , ZC 2025-02 JAIto -a t � � SUBJECT property 1 200 foot Notification Buffer , r " "� OF w m WYLIEIF 6a 'if 0 50 100 150 200 250 300 Feet Date: 1/22/2025 �� .w_ .. � 34 0311112025Item 1. JAI 0TY' OF Public Comment Form First Name* Middle Name Last Name* Ashish Patel Address* Street Address 1916 Fair Parke Lane Address Ling:2 City State I Province:f Region Wylie TX Postal f Zip Code 75098 Case * ZC2025-02 308 N Ballard Ave. Response* I am FOR the requested zoning as explained on the public notice am AGAINST the requested zoning as explained on the public Comments I agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. Signature Date of Signature 2I7f2025 35 0311112025Item 1. JAI ClTY' OF Public Comment Form First Marne* Middle Name Last Name* Gary Lynn Taylor Address* Street Address 304 R Ballard Address Une 2 City Bute I Province:f Region Wylie TX Postal f yip Code 75098 Case 1t* ZC2025-02 1959 N State Hwy 78. Response* am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public Comments Taylor and Son Properties, LLC, owns the property at 304 N Ballard. It is our belief that the cigar smoke will be a determent to the coffee bar currently leasing our building.We are also convinced that the cigar smoke/smell would also decrease the leaseability of our property in the future. f agree and understand that by signing the electronic signature, that it is the equivalent to my manuallhandwritten signature. Signature Date of Signature 2/27/2025 �s 0311112025Item 1. JAI ClTY' OF Public Comment Form First Marne* Middle Name Last Name* Gary Lynn Taylor Address* Street Address 307 R fisrst Address Une 2 City State I Province:f Region Wylie TX Postal/Zip Code 75098 Case * ZC2025-02 1959 N State Hwy 78. Response* am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public Comments Property is directly across the alley from our rear parking entrance. Limited part at their site will naturally cause overflow into our parking lot.We already contend with Frankie's overflow.We simply do not have available spaces.Additionally,coming out of service and being greeted with the smell of cigar smoke is not pleasant. i agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. Signature Date of Signature l 2/27/2025 67 El 0- -0 ti 0 PUBLIC COMMENT FORM Submissions can now be made on-line at https:/irecorils.wl-liete_rus.,00t/Furms/PtrblicCottintent or by scanning the QR code in the upper right hand corner. (If completing the form below,please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie.Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case»'2025-02 [am AGAINST the requested zoning as explained on the attached public notice for Zoning Case»2025-02. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date.Location&Time of Planning&Zoning Commission meeting: Tuesday,February 18.2025 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date.Location&Time of City Council meeting: Tuesday.March 11.2025 6:00 pm Municipal Complex,300 Country Club Road,Building 100. Wylie,Texas Name: F" Lu�T� (please print) Address: � U LJj Si_enature: Date: Z� COMMENTS: a� -a L PUBLIC COMMENT FORM Submissions can now be made on-line at hltps:/lrecords.wt,lielexas.tto►/Forms/PublicComment or by scanning the QR code in the upper right hand corner. (If completing the form below,please(vpe or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 92025-02 I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2025-02. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,February 18,2025 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday.March 11,2025 6:00 pm Municipal Complex,300 Country {Club Road,Building 100,Wylie,Texas ?game: &W56,J r��t K. e,0 N (please prim) �U,/ ��`,'ff,^� Address: �y� &S l �9".) lr v L �✓ T-6, 1 Lb 2- Signature: Date: ul zo 5 COMMENTS: k u �kvw.'' F Z e 6 3--0 i eqv cam,; a- -a ti 0 PUBLIC COMMENT FORM Submissions can now be made on-line at l��tps:/'re�urds.wrlie�te_�us.;ut/Firrms/PrrhlicComment or by scanning the QR code in the upper right hand corner. (If completing the form below,please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie.Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case=2025-02 I am AGAINST the requested zoning,as explained on the attached public notice for Zoning Case#2025-02. Please feel free to contact the Planning Department at 972,516.6320 with questions or concerns Date,Location R Time of Planning& Zoning Commission meeting: Tuesday,February• 18,2025 6:00 pm Municipal Complex.300 Country Club Road,Building 100.Wylie,Texas Date.Location R Time of City Council meeting: Tuesday March 11,2025 6:00 pm Municipal Complex,300 Country Club Road.Building 100. Wylie,Texas Name: 6-7 (please print) J Address: Signature Date: COMMENT S: a PUBLIC COMMENT FORM Submissions can now be made on-line at hops:/irecords.wylietc_tas.goWFormsIPublicComment or by scanning the QR code in the upper right hand corner. (If completing the form below,please )pe or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 42025-02 I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 42025-02. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&'Time of Planning&Zoning Commission meeting: Tuesday,February 18,2025 6:00 pm [Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,March 11,2025 6:00 pm Municipal Complex,300 Country Club Road.Building 100,Wylie,Texas Name: (please print) Address: (' L 1 L.i Signature: Date: COMMENTS: a. -o 0 PUBLIC COMMENT FORM Submissions can now be made on-line at https.111 ecurds.►+i-lietexas.yut/FurmsiPublic•Cumment or ky scanning the QR code in the upper right hand corner. (If completing the form below,please 0 pe or use black ink) Department of Planning 300 Countr% Club Road Building 100 Wylie.Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 42025-02 I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 4;2025-02. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date.Location& Time of Planning&Zoning Commission meeting: Tuesday.February 18.2025 6:00 pm Municipal Complex.300 Country Club Road.Building 100.Wylie,Texas Date.Location&Time of City Council meeting: Tuesday,March 11,2025 6:00 pm Municipal Complex,300 Country Club Road, Building 100. Wylie,Texas Name: ` k 4MEKZ�)ipleuse print) Address: t � 9•/]t/ Signature: __0 ZAA�� Date: COMMENTS: PUBLIC COMMENT FORM Submissions can now be made on-line at httpsalreeords.wylietexas.got/Formi;lPublieCommetrt or by scanning the QR code in the upper right hand corner. (If completing the form below,please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case t12025-02 I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2025-02. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,February 18,2025 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,March 11,2025 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: rr �,/) �ce 1 " j 1prrletas-}e prrnl) Address: 4/V N d d d/ �r --Y 7.501-� Signature: /a Date: ��} Ll COMNI ENTS: 0 ti PUBLIC COMMENT FORM Submissions can now be made on-line at hops./,records.wfliete_ras.gov.Forms/PublirC'omment or by scanning the QR code in the upper right hand corner. (If completing the form below,please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie, Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case=2025-02 I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case=2025-02. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location& Time of Planning&Zoning Commission meeting: Tuesday,February 18,2025 6:00 pm Municipal Complex,300 Country Club Road,Building 100.Wylie,Texas Date,Location&Time of City Council meeting: Tuesday.March 11,2025 6:00 pm Municipal Complex,300 Country Club Road,Building 100. Wylie,Texas Name: If,61,611 C� �7eq l/�ae! see pri innt) Address: & 6z G /Op&_,ei Signature: Date: COMMENTS: t 0311112025Item 1. ow CITY OF WYLIE a � z t. f au p� tryi tN 4 z< s w h c L t 4 t s „ �4z F� �'l,s�,cv apt� ��L, o� � d� ��t=,� )`� c �'� i ..y b• '�t` �4�i2;^.. r y Y= 03/11/2025Item 1. t CITY O WY LIE CITY OF WYLIE e a i1 j`1 it iz >> ti {sS3 1 i tEr tct rti� £ 3"4 1 t� 4 CITY OF WYLIEJ a a 1,2 a I3�;•,�y��t��ttt�_� �`��ti�t�r �t tttt ti s t� ncvt s3zYti �3 v „ 0311112025Item 1. /40 LIE n': offers uni ! l r pe,rwnce, where cI e a' 'ts t a master w .o cigar eo"ll r cre t t cigars. 5 r AtnI �t � r the,.. ........... _h t S �i " 3 =� t t 'I t, r unit 'enj ...............o:yO ors ......... ...................... 0 x i alongside �tr aft I o” na d r ... ... S ........................ enthusiasts i n a u n� a' ""s rn k i ,..,. A 8 v lounge equipped with:`;;'' sta o . tx S the-art air-filtration system . ' ', 0311112025Item 1. /40 OF ' . I , �.... re e pan Hernandez I am the father of am r b- s a ci ar y f n refugee from wife m r� n a c� add 1 1 t cal a u ee © Cuba y e and l b e rpu - me ca Citizens , . : randfathr artustn C ors in villa Clara Cuba �n3 h was known to yg ..e . . :. .. have s©me cfnest hndrllec i ars in the recn.. He. started each�n me the g g g t art when I was a � ear : . ..bb, " T e tinu�e his lea rdgeneration . �� . :. y y ,er, ff rM tpg lble anywhere. ar way a cmaster cigar roll'I was 24 and in my 5th yr, f 'w , r ,ling ,cigars in ray spare time to make ends meet. I received ' h'n �11 th�a � woul ch n e m life Breuer. 0311112025Item 1. saj OF LIE /40 I nsto escape Communism's dwaso lee�n t r true llc win me to ursue I e : the n of . g p : o orb n�t � . p y Sion fterrriinn the � � erce i rolled c ors e '" tit : Ilirj for ! 4" i .. ; ci :� �n �. .: � : " r Ialso oI spe aI even ' ' I� e rthcy redd re ►n and n versa dart esold m cigars t U11 -� r d� e� ntrr ui d"� � I r, r � rd "business. . . � n o t r Ro se City tha t�oyn ,Today I have two opened n 0. I o erred rn � + �r d �1 ' in � � �:rr�+� rho ire center in 2022. p hope that Downtown liill e t third Rion ! 0311112025Item 1. OF LIE s odmade in Wylie, Texas by a true'' Artn . r ......... m f e rl 3 �l 4 1 1 Y n S x 4 llq v* tt,y �ys aJ� CITY OF Ss t1WYLIE "a u . Y t l Cit s \ t �� ;, +� \, 2 \�(j;`s\��,S ££4 f��i��tF�';.\�t�"� �`"``ti.,`��S��M1``,� is\��k � •,hb tcty��3`' \ a � "�.\�'�\?}`•�`�tt��`tti,, ��t' � �'". "r �1 Y vs� \� � t ,c tt tip£\t Y V`\r t \u Jt ,... z t t aS� Yra i a4.. I i t s =S \ t t F £J F f „r ..� fl t vt:.t � avui A „�,..; : :..•,: A, A J .r�� s �" �."`� ;; t s ati \\tz r i; � } 03/11/2025Item 1. 4, „ lk , C ?\ ¢; CITY O �. lWYLIE 2<3 s sti t,} `•~4 tltr irtss �s n sY t st}�`t��z t l � �e`i�ir r� r a �i Ct {tl T } 1 ti ssi }'�•. A\��rSC r 1;, tYh tt tt t siimC�4Y�1 ygrYt�4� t t st rs 5 y 1 ii �1 r��}k.?) ✓�t4�)k 14iA1 C , Y nir� n rt " ",:,.^. :• t } Y !! Zi sty t��i , ", t , � ."��cSst rts��t�\� s s 5 tt "',' „ s sft'�nt?trtyyi)arii}},.s}r? ,. �'y��3•(tZ}� �ss{d}S��sl s y .>, , t £ s 0311112025Item 1. t. OF ' . LIE , Dear P1 1 n n end Zoning Commission, am ©avid Lover the° ladlr� for Faustino Cigar Lounge in Ro se City. has been tenant for five ears. ., .:. g y Y ► .. y have bacon and Men s w th.h nn nd his famil I are he vil involved into se End" far liar ith Pc u tir c 's g .. a Y y y r . customers, neighorrig businesses, Ana the members of the Royse City Council. l have never.:received a single x complaint about,Faustano snl tars for their roducts and what an amazin fcimil thy: ' ' I en o smo in ustino s � rs n � ��re ' f", the"r loun"e', "which. q sts an-i re si e c ire urifi anon ventilation y :� s stem. Faustino is ,not a a �e. ho or �tobaco store, -��watchir Jos roll. a N ar. is an a erience. y .. Many in Ro seit oul at es 'th atJo . he° men. d ��kn wrf r, his �cm u ne rn an it y . contributions. He hosts a `dunde Wrtirri r eveinf r onth�� .. ff, �rs t s ount to first re riders and sup lies cigars for charity golf tournaments. Faustino Cigars are renowned acrossthcutiir : !l + u�d � arare cthebetcitar lounges in town. Sincerely, David Lowrey 0311112025Item 1. /40 I O LIE ., r 3 a: .t St `t �r � ,e S \\ »,, , c,,,. ,: `'��\»\ t t 5.: ,r,...'. �• ,,e. r s, 1 4�" Er3„\a��4 '£ t., ,, \ t# t Econa►r»� r, anc�� afitr t � l � ttt �� Y � t t 5\tr. 4titct i k s r C©rmun "Us l » n� R 1 l x» , •n�s5: ,� h k F\\ 1\ C ti�\ S S t t # 7 S tt \# J s\ � a 4 v F F f 4 t 9\ } {4 4S \ h z tF F } ,.�,�„ �`uS t4C�,4.k,,. �,`,•: n>ta .< �t"z )lr�� c ,4,z,e 5 :� \ tl a,\\�1.� ,�"".�. „ e t ti �� J\,a t>}\\r„rs ,»t\7,T #,. »,={•,ra\ F,\\1, � r\` ,*Safe En Cultural v ants and visitors. fZtt4titi�}� w• \tt\l`li`'t What We \ tih\x ti tl ��r �lctJ`S`t1q rx t 1 t. *Approve , r 0.• a , t , , r » COnSUrn ti e C C SS, C:u T ... t t r t r `� t:tr:,,r>,,,,, ,,t tr;, :; s� '� �f � `\ r \}� 2t�r, s i€... ,.. ,, ,�Y: , t. 72fi4,�tt#< 4 $ a} � \:��y �'3� � �/\ >��u r ":{s,t rt ., :, � r " e. v 1,19 ,s. :' r �.� :.a`e .:..... \n 4 L4 #{{ k1 t: . .. , z. r, 8 , : I \ \ lt;. t,\\,F rz S t} n4, *Trust in _ t � a e » n r � 4 , / \ \R � t a lean a =a d tr � 1 { �� , l 1 Y t COrnmt ' n 2� 4 Vit I i S e,. } t s.s .},`�,y}{� \°,. ` ' '\ ><,. " : i � t� � 03/11/2025 Item 1. CITY OF' 4 k } t ? t z" i { }' �2 \ \t➢Y t,l.Y,t i '7 ?nY1JiL��t" s t t tt } it tt} S t41� n S£ t a ' Z� C t e r.rY 4 Ott e t S y } Y,4 r t 7 t f J. l ��" k} S "•4 i t> 1 3 6 S .s l 'C � {. '••,ttt t tt�v A d r 2v o�.s d jj s �7 l t 1, � 11 tl t. � tY 1 t,kv,>u• ,t\ t S a t t, } � .t !. 1 } S ..•4:tilt. t e } 2 t d z cY t r e v 2 v " „ .,. ... .,. .: S Z�2z} rs ' stt`YStrttfi}�vti "� � v,o: �YtYittytltt a s�tkt �Ze t s ft�'v s t ., ";� ,.. .,,.. �� y a„}yztl�}71}ast{i�i � ut' � ��•,;"<�� }sEi .i}'+3 1 4 t.c 3 x}� �� t.:,•tt t u } Sa t t�3�tt �� 8 � t t \ l, T �<. 2 t � Q t � �Y t �tt } � v l v At3a1t£ s u tY d .z Y, t t c� f �� t ul��,��`•j„ 4 t! t } 0311112025 Item 2. JAI Wylie City Council CT WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject Consider, and act upon, authorizing the City Manager to sign a Development Agreement pending zoning, between the City of Wylie and Skorburg Retail Corporation for a single-family development generally located north and west of Country Club Road and McMillen Road. Recommendation Motion to approve the Item as presented. On February 25, 2025 City Council approved the writing of an ordinance for a change in zoning from Agricultural District (AG/30) to Single Family - 10 District (SF 10/24) on 59.755 acres to allow for a single-family detached development. The applicant had provided a voluntary Development Agreement(DA) at that time regarding building materials and other items. As part of the zoning approval, Council stipulated that the DA also include additional fencing, timing for the radio tower removal, and other options for solving the drainage issues on Sweetgum Drive. The applicant has provided an updated DA addressing those stipulations. The DA states: • The applicant is voluntarily entering into the agreement that specifically includes abiding by the City of Wylie's building materials standards. • The applicant will build an 8' high wooden capped board-on-board fence along the entirety of the north and west property lines. • The applicant will remove the existing radio towers, with proper permitting, prior to any other construction work, horizontal or vertical,being started on the site. • The applicant will, in coordination with city staff(Planning, Engineering, and Fire) and the HOA of Country Ridge Estates,provide either an inlet in or a connecting street to Sweetgum Drive to improve drainage. This DA is tied to the property and not the owner, so should the applicant sell the property to another developer the DA is still enforceable. El 0311112025 Item 2. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG SKORBURG RETAIL CORPORATION AND THE CITY OF WYLIE, TEXAS This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE, TEXAS, a home-rule municipality ("Wylie"), and SKORBURG RETAIL CORPORATION, a Texas corporation ("Developer"). Wylie and Developer are each referred to herein as a"party" or collectively as the "parties." WHEREAS, Developer warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County, Texas, consisting of approximately 59.75 acres situated in the William Patterson Survey, Abstract No. 716, generally located at 1755 FM 1378 & 2241 McMillen Road, Wylie, Texas 75098, and more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes (the "Property"); and WHEREAS, Developer seeks to develop a new single family residential development, Country Club Estates, under the Single Family— 10 District(SF 10/24) with a maximum number of residential lots not to exceed 181 lots on the:Property; and WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WHEREAS,Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, `Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and WHEREAS,Developer agrees to voluntarily construct, at Developer's expense, additional improvements that are not required under Wylie's Single Family — 10 District (SF 10/24), as referenced in Exhibit C, attached hereto and incorporated herein for all purposes (the "Additional Improvements"), in the construction of the development on the Property; WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Government Code; and Development Agreement—Country Club Estates Building Materials Standards Page 1 of 17 3277435 El 0311112025 Item 2. WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Government Code with the full understanding and intent that Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date(hereinafter defined) of this Agreement; and WHEREAS, the Wylie City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the forth in the foregoing recitals of this Agreement are true and correct, are incorporated into the body of this Agreement and are adopted as findings of Wylie and Developer. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrant that Developer is the sole owner of the Property as of the Effective Date of this Agreement. 3. Building Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or future building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Developer voluntarily consents and agrees to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement,Developer shall impose deed restrictions on the Property,incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once approved, Developer shall record the approved deed restrictions in the Real Property:Records of Collin County,Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third- party beneficiary of the approved deed restrictions, and Wylie shall have the right Development Agreement—Country Club Estates Building Materials Standards Page 2 of 17 3277435 52 0311112025 Item 2. but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Government Code. Developer voluntarily consents and agrees to such designation. Developer voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty(30) days after Wylie sends written notice of such failure to:Developer, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County, Texas as a lien or encumbrance on the Property; (ii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iii) to refuse to issue building permits for any building on the Property; (iv) to refuse to issue a Certificate of Occupancy for any building on the Property; (v) to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to immediately cease the construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vi) to seek specific enforcement of this Agreement. (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer,then Developer may seek specific enforcement of this Agreement as Developer's sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not,under any circumstance,be required to tender, or be Development Agreement—Country Club Estates Building Materials Standards Page 3 of 17 3277435 5 0311112025 Item 2. liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property, and shall be binding on the Developer and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 7. Limitations of Agreement. Wylie ordinances covering property taxes, utility rates,permit fees, inspection fees, tree mitigation fees, impact fees, development fees, tap fees,pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested;by facsimile;by electronic mail,with documentation evidencing the addressee's receipt thereof, or by delivering the same in person to such Party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Wylie, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 Email: brent.parker(a),wylietexas.gov with a copy to: Abernathy, Roeder, Boyd& Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Development Agreement—Country Club Estates Building Materials Standards Page 4 of 17 3277435 54 0311112025 Item 2. Telephone: (214) 544-4000 Facsimile: 214 544-4044 Email If to Developer, addressed to Developer at: SKORBURG RETAIL CORPORATION 8214 Westchester Dr., Ste 900 Phone: 214-522-4945 Fax: 214-522-7244 Email: 9. Indemnity. (a) DEVELOPER SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH , CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE , LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. Development Agreement—Country Club Estates Building Materials Standards Page 5 of 17 3277435 El 0311112025 Item 2. (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations; Developer's Waiver and Release of Claims For Obligations Imposed by this Agreement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED (D) NUISANCE;OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES,VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE,RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof,unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code,as amended, and nothing in this Agreement provides Development Agreement—Country Club Estates Building Materials Standards Page 6 of 17 3277435 El 0311112025 Item 2. Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE,AS AMENDED,UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Attorneyy s Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. Gov'T CODE § 271.153, as it exists or may be amended, if applicable. 13. Warranties/Representations. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either party. 14. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 16. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 17. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 18. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date(hereinafter defined). Development Agreement—Country Club Estates Building Materials Standards Page 7 of 17 3277435 El 0311112025 Item 2. 19. Savings; Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction,then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 20. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof,has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 22. Assignment/BindingE . (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assi ng ment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved,executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file- marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance,recognize said Assignment. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. Development Agreement—Country Club Estates Building Materials Standards Page 8 of 17 3277435 El 0311112025 Item 2. 24. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 25. Immunity. It is expressly understood and agreed that,in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity,including governmental, sovereign and official immunity,that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 26. Reference to Developer. When referring to "Developer"herein,this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is legally responsible. 27. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. [Signature page follows.] Development Agreement—Country Club Estates Building Materials Standards Page 9 of 17 3277435 El 0311112025 Item 2. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE, TEXAS, a home-rule municipality By: Brent Parker, City Manager Date: Attested to by: Stephanie Storm, City Secretary STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Brent Parker, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the City Manager and duly authorized representative for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2025. Notary Public, State of Texas My Commission Expires: Development Agreement—Country Club Estates Building Materials Standards Page 10 of 17 3277435 El 0311112025 Item 2. SKORBURG RETAIL CORPORATION, a Texas corporation By: Adam Buczek, Authorized Signer Date: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Adam Buczek, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he executed the same for the purposes and consideration therein stated and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2025. Notary Public, State of Texas My Commission Expires: Development Agreement—Country Club Estates Building Materials Standards Page 11 of 17 3277435 El 0311112025 Item 2. Exhibit A Legal Description of the Property BEING a tract of land situated in the William Patterson Survey, Abstract Number 716, Collin County,Texas being all of a tract of land described in deed to Matthew M.Butschek and Catherine V. M. Butschek, husband and wife, recorded in Clerks File No. 97-0001744, the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being all of a tract of land described in deed to Matthew M.Butschek and Catherine V. M. Butschek,husband and wife,recorded in Clerks File No. 97-0001745 O.P.R.C.C.T., and being all of a 40.00 acre tract of land described in deed to D- Dreams,Inc.,recorded in instrument number 20070131000142850,O.P.R.C.C.T.,and being more particularly described as follows: Beginning at the northeast corner of said Butschek tract(97-0001744),being the southeast corner of Country Ridge Phase A, an addition to the City of Wylie, recorded in Cabinet O Page 309, in the Plat Records of Collin County, Texas (P.R.C.C.T.), being in the west right of way line of Country Club Drive (FM 1378); THENCE South 01 degree 42 minutes 52 seconds West, with the west line of said Country Club Drive and east line of said Butschek tract (97-0001744), a distance of 372.61 feet to the southeast corner of said Butschek tract (97-0001744) and northeast corner of a 24.50 acre tract of land, described in deed to CS SECURE TRUST, Carole Carrington Shaw, Jeffrey Glen Shaw, and Victoria Carrington Shaw Arp, Co-Trustees, recorded in instrument number 2024000021221, O.P.R.C.C.T. ; THENCE North 89 degrees 18 minutes 11 seconds West,with the south line of said Butschek tract (97-0001744)and the north line of said 24.50 acres tract,a distance of 1,167.47 feet to the northerly northwest corner of said 24.50 acre tract,being in the east line of said Butsheck tract(97-0001745); THENCE South 00 degrees 58 minutes 57 seconds West, with the east line of said Butsheck tract (97-0001745), a distance of 172.52 feet to the southeast corner of said Butsheck tract (97- 0001745),being an ell corner of said 24.50 acre tract; THENCE South 87 degrees 44 minutes 39 seconds West, with a south line of said Butsheck tract (97-0001745), a distance of 208.03 feet to the westerly northwest corner of said 24.50 acre tract and a southwest corner of said Butsheck tract (97-0001745), being in the east line of said 40.00 acre tract; THENCE South 00 degrees 06 minutes 43 seconds West,with the east line of said 40.00 acre tract and the west line of said 24.50 acre tract, a distance of 1,101.06 feet to the southeast corner of said 40.00 acre tract and the southwest corner of said 24.50 acre tract, being in the north right-of-way line of McMillen Road; THENCE South 89 degrees 00 minutes 53 Seconds West, with the north line of McMillen Road and south line of said 40.00 acre tract, a distance of 1,239.99 feet to the southwest corner of said 40.00 acre tract and the southeast corner of a called 112.18 acre tract of land described in deed to Pamela Joe Thronburg, recorded in Instrument Number 20100416000373400, O.P.R.C.C.T.; Development Agreement—Country Club Estates Building Materials Standards Page 12 of 17 3277435 62 0311112025 Item 2. THENCE North 00 degrees 06 minutes 43 seconds East,with the west line of said 40.00 acre tract and east line of said 112.18 acre tract a distance of 1,405.27 feet to the northwest corner of said 40.00 acre tract and the southwest corner of said Butschek tract(97-0001744); THENCE North 01 degrees 41 minutes 55 seconds East,continuing with the east line of saidl 12.18 acre tract and with the west line of said Butschek tract (97-0001744); with the east line of said 112.18 acres tract to a point, a distance of 253.31 feet to the southwest corner of Country Ridge Phase B, an addition to the City of Wylie, as recorded in Cabinet Q Page 560, P.R.C.C.T; THENCE South 89 degrees 18 minutes 30 seconds East, with the with south lines of said Country Ridge :Phase A and B, and with the north line of said Butschek tracts, a distance of 2,61.2.93 feet to the:POINT OF BEGINNING and containing 59.75 acres of land. Development Agreement—Country Club Estates Building Materials Standards Page 13 of 17 3277435 El 0311112025 Item 2. Exhibit B Building Materials Standards As used in this Agreement, the term"Building Materials Standards" shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings as set forth or referenced in the following: 1. Ordinance No. 2021-19, Zoning Ordinance, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto), including but not limited to Section 3.4 (Residential Design Standards) 2. The Planned Development zoning ordinance or other zoning ordinance that approved the zoning on the Property, as it exists or may be amended by Wylie in its sole discretion(and any successor ordinance thereto) 3. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 4. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 5. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 6. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 7. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion(and any successor ordinance thereto) 8. Ordinance No. 2017-37, International Plumbing Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 9. Ordinance No.2017-34,International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 10. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) Development Agreement—Country Club Estates Building Materials Standards Page 14 of 17 3277435 0311112025 Item 2. 11. Any other existing or future or successor ordinance,rule or regulation adopted by the Wylie City Council that establishes a standard for a building product,material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building Development Agreement—Country Club Estates Building Materials Standards Page 15 of 17 3277435 El 0311112025 Item 2. Exhibit C Additional Improvements As used in this Agreement, the term "Additional Improvements" shall include all additional improvements as set forth below: 1. An eight-foot(8')high board on board cedar wood fence,with a cap on top, along the northern property boundary adjacent to the existing residential subdivision shall be built by the Developer. This fence shall be built before any building certificates of occupancy are issued. Additionally, the Homeowners' Association (HOA) shall be responsible for maintaining this fence. 2. An eight-foot(8')high board on board cedar wood fence, with a cap on top, along the western property boundary adjacent to the property located in the extraterritorial jurisdiction (ETJ) shall be built by the Developer. This fence shall be built before any building certificates of occupancy are issued. Additionally,the Homeowners' Association(HOA)shall be responsible for maintaining this fence. 3. Following the Developer obtaining the required demolition permit,all the existing radio towers located on the Property shall be removed. No horizontal construction shall commence on the Property until all the existing radio towers have been safely removed. 4. The Developer shall coordinate with both Wylie staff and the Country Ridge Homeowners' Association (HOA) and collectively choose one (1) of the following options: (a) The Developer shall provide a connection to the existing Sweetgum Drive right-of-way with a paved private access easement to be constructed by Developer. Additionally, this connection to Sweetgum Drive shall be restricted for emergency vehicle access only through an automatic gate. Both the private access easement and automatic gate shall be owned and maintained by the Homeowners' Association (HOA). Development Agreement—Country Club Estates Building Materials Standards Page 16 of 17 3277435 66 0311112025 Item 2. (la) The Developer shall construct a new drainage inlet in the Sweetgum Drive night-of-way, and a new storm suer line through an easement Hil the development on the Property, as ,generally depicted in figure C-1 below. Final design and size of the inlet and storm sewer line shall be determined daring engineering plan approval. Ryire G1 , t 4 y,, a Proposed New M Inlet Proposed New �'�pt aysd�"d�,p It1, Storm Sewer Line ;ys i De-velopment Agreement—County Club Estates.Building Materials Standards Page 17 of 17 3277435 El 0311112025 Item 3. JAI Wylie City Council CT WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject Consider, and act upon, Ordinance 2025-11 for a change in zoning from Agricultural District(AG/30)to Single Family - 10 District(SF 10/24)on 59.755 acres to allow for a single-family detached development.Property generally located at 1755 FM 1378 and 1813 and 2241 McMillen Road(ZC 2024-14). Recommendation Motion to approve the Item as presented. On February 25, 2025 City Council approved the writing of an ordinance for a change in zoning from Agricultural District (AG/30)to Single Family- 10 District(SF 10/24)on 59.755 acres to allow for a single-family detached development.Property generally located at 1755 FM 1378 and 1813 and 2241 McMillen Road(ZC 2024-14). As part of the approval, Council stipulated that conditions be added to the voluntary development agreement the developer had supplied regarding building materials. In addition to the building materials, an 8' board-on-board fence shall be constructed on the north and west sides of the subdivision which will be owned and maintained by the HOA. Additionally, the developer shall work with City staff(Planning,Engineering, and Fire) and the HOA of Country Ridge Estates to provide either an inlet in or a connecting street to Sweetgum Drive to improve drainage. The previously considered development agreement has been updated to include those stipulations and are included in this Ordinance. Final approval of Zoning Case 2024-14 requires the adoption of the Ordinance to amend the zoning accordingly in the Official Zoning map of the City;and providing a penalty clause,a repeal clause,a savings clause,a severability clause,and an effective date. The subject Ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (Zoning Exhibit), and Exhibit C (Development Agreement) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. El 0311112025 Item 3. ORDINANCE NO. 2025-11 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2024-14, AGRICULTURAL DISTRICT (AG/30) TO SINGLE FAMILY - 10 DISTRICT (SF 10/24) ON 59.755 ACRES TO ALLOW FOR A SINGLE-FAMILY DETACHED DEVELOPMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family 1.0/24 (SF-1.0/24), said property being described in Exhibit A(Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Development Agreement are an integral component of the development of the property and are attached as Exhibit B and Exhibit C. 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. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: 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. Ordinance No. 2025-11 Country Club Estates(ZC 2024-14) Page 1 of 2 lil 0311112025 Item 3. SECTION 7: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 8: 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 llth day of March, 2025. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Date of Publication: March 20,2025,in The Wylie News Ordinance No. 2025-11 Country Club Estates(ZC 2024-14) Page 2 of 2 El 0311112025 Item 3. EXHIBIT "A" LEGAL DESCRIPTION BEING a tract of land situated in the William Patterson Survey,Abstract Number 716, Collin County, Texas being all of a tract of land described in deed to Matthew M. Butschek and Catherine V. M. Butschek,husband and wife,recorded in Clerks File No. 97-0001744,the Official Public Records of Collin County,Texas(O.P.R.C.C.T.), and being all of a tract of land described in deed to Matthew M. Butschek and Catherine V. M. Butschek,husband and wife,recorded in Clerks File No. 97-0001745 O.P.R.C.C.T., and being all of a 40.00 acre tract of land described in deed to D-Dreams,Inc.,recorded in instrument number 20070131000142850, O.P.R.C.C.T., and being more particularly described as follows: Beginning at the northeast corner of said Butschek tract(97-0001744),being the southeast corner of Country Ridge Phase A, an addition to the City of Wylie,recorded in Cabinet O Page 309, in the Plat Records of Collin County,Texas (P.R.C.C.T.),being in the west right of way line of Country Club Drive (FM 1378); THENCE South 01 degree 42 minutes 52 seconds West,with the west line of said Country Club Drive and east line of said Butschek tract(97-0001744), a distance of 372.61 feet to the southeast corner of said Butschek tract(97-0001744) and northeast corner of a 24.50 acre tract of land, described in deed to CS SECURE TRUST, Carole Carrington Shaw,Jeffrey Glen Shaw, and Victoria Carrington Shaw Arp, Co- Trustees,recorded in instrument number 2024000021221, O.P.R.C.C.T. ; THENCE North 89 degrees 18 minutes 11 seconds West, with the south line of said Butschek tract(97- 0001744) and the north line of said 24.50 acres tract, a distance of 1,167.47 feet to the northerly northwest corner of said 24.50 acre tract,being in the east line of said Butsheck tract(97-0001745); THENCE South 00 degrees 58 minutes 57 seconds West, with the east line of said Butsheck tract(97- 0001745), a distance of 172.52 feet to the southeast corner of said Butsheck tract(97-0001745),being an ell corner of said 24.50 acre tract; THENCE South 87 degrees 44 minutes 39 seconds West, with a south line of said Butsheck tract(97- 0001745), a distance of 208.03 feet to the westerly northwest corner of said 24.50 acre tract and a southwest corner of said Butsheck tract(97-0001745),being in the east line of said 40.00 acre tract; THENCE South 00 degrees 06 minutes 43 seconds West, with the east line of said 40.00 acre tract and the west line of said 24.50 acre tract, a distance of 1,101.06 feet to the southeast corner of said 40.00 acre tract and the southwest corner of said 24.50 acre tract,being in the north right-of-way line of McMillen Road; THENCE South 89 degrees 00 minutes 53 Seconds West,with the north line of McMillen Road and south line of said 40.00 acre tract, a distance of 1,239.99 feet to the southwest corner of said 40.00 acre tract and the southeast corner of a called 11.2.1.8 acre tract of land described in deed to Pamela Joe Thronburg, recorded in Instrument Number 20100416000373400, O.P.R.C.C.T.; THENCE North 00 degrees 06 minutes 43 seconds East,with the west line of said 40.00 acre tract and east line of said 1.1.2.1.8 acre tract a distance of 1,405.27 feet to the northwest corner of said 40.00 acre tract and the southwest corner of said Butschek tract(97-0001.744); El 0311112025 Item 3. THENCE North 01 degrees 41 minutes 55 seconds East, continuing with the east line of said]12.18 acre tract and with the west line of said Butschek tract(97-0001744); with the east line of said 112.18 acres tract to a point, a distance of 253.31 feet to the southwest corner of Country Ridge Phase B, an addition to the City of Wylie, as recorded in Cabinet Q Page 560,P.R.C.C.T; THENCE South 89 degrees 18 minutes 30 seconds East,with the with south lines of said Country Ridge Phase A and B, and with the north line of said Butschek tracts, a distance of 2,612.93 feet to the POINT OF BEGINNING and containing 59.75 acres of land. El 0311112025 Item 3. COINTRI b0 fb0 °LE 0 NE 9 SCALE, .100 — --- — -- �r I � ...—RIDGE I� 33 32 31 30 24 28 2 b 0 9 8 as __ ___ ___ i 1S 2 1 10 8 7 6 4 3 i r n s, --- _ _ �_ TT TT -� _ � 3 2 1 o > I�I 1 .6 r6 19 20 21 ZZ 22-124 25 26 ?.7 18 —� —� �— —2—� U sr NIB 18'11"W 1167.40' A Q-71- - - -4 - --- „ ooC.Jo.2ci0on1600037Jaoo J �� sano .r9 a s�BuOu pp f.6o `"5'°IToo s3 0 000 �,a.. 16 -0 LA iP.O 17 oz s o z t2 13 14 15 iG i,E 2 59 20 1 'LZ —� J ='-L-L' M LU TEECEiL 'D o6aa9�G „ n o 8 6 31 4 3..�2 1 3c,„ o �10 __. _F ' .... O .. Q .:.. N / FT- 11 12 1 14 1 1 12 1P 19 I) 21 2 r �A — -- �e �o�_o L sn�a.,n�P ewaLl 11� 12 q- -. t -o-- -- -----o DATA nzu n0 � s�� +x z- r-h„ TYPICAL PAVEMENT SECTION TOTAL LOT 181 LOTS "3 � N.rs. TG7AL AC'2CA,F 59 'S AG. 1 io 9 a s„ a 3 a ICi AL HOA LOTS 7 LOTS CUR EST ZJI ING SF 101 24 URRENT 20NING SF/30 „lo,m me. 13�14 15 tl tR 13 29 1b a_ __ ____-_ _ _ �soa v� 111-7 17X 39 S8 31 36 5 2 3� 30 29 s 34 �y � ' ZONING EXHIBIT „H_ —1 N 59.755 ACRE TRACT a WILLIAM PA7TERSON SURVEY,ABSTRACT N0.716 N THE .... __ _. __...... ..............., CITY OF WYLIE __._. Nas 2444W 1240.00 COLLIN COUNTY,TEXAS ---- - - __ ...... Mc_MILL ROAD_ APPLICANT SKORBURG COMPANY I'll ',RISXI,ST goo LOCATION W l S TFXXC�a�868-8b'5221 PREPARED BY CORWIN ENGINEERING,INC. '00aE OWNERS ALL c ry TEXAS 7501, 912-396-i200 . O-DR INC MATTHE BUTSCHEK �OEXM2 - COPIIN eo9 No�fo,a iaLmGTEAS anmrnar zo_s scAL_> >oo xrua,Taws 75o98 1 0311112025 Item 3. NorrICEOF CONFIDENTIALITY RjcHTS: IF YOU AREA NATuPLAL PERSON,VOU'MALY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN T14E P(JBLIc. RF(,ORD,S: YOUR SOCIAL SECURITY NUMBER OR YOUR DRiv ERS'LICENSE NL'tvfsFR. After Regording Return tcr City of Wylie Attention:City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG SKORIBURG RETAIL CORPORATION AND THE CITY OF WYLIE,,TE This DEVELOPMENT AGREEMENT ("Are elrt") is made and entered into by and among the CITY OF YLIE, TEXAS, a home-rule municipality ("Wylie"), and SKORBURCJ RETAIL CORPORATION, a Texas corporation ("De velo2e I"). Wylie and Developer are each referred to herein as a"P or collectively as the "parties," WHEREAS, Developer warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County, Texas, consisting of approximately 59.75 acres situated in the William Patterson Survey, Abstract No. 716,generally located at 1755 FM 1378 & 2241 McMillen Road,Wylie,Texas 75098,and more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes(the "Propevy'); and WHEREAS, Developer seeks to develop a new single family residential development, Country Club Estates, under the Single Family — 1.0 District (SF 10/24), with a maximum, number of residential lots not to exceed 181 lots on the Property; and WfIEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and, materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie;and WHEREAS,Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit 13, attached hereto and incorporated herein for all purposes (collectively, "-Ruildin Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and WHEREAS, Developer agrees to voluntarily construct, at Developer's expense,additional improvements that are not required under Wylie's Single Family — 10 District (SF 10/24), as referenced in Exhibit C,attached hereto and incorporated herein for all purposes (the "Additional Improvements"), in the construction of the development on the Property; )WHEREAS, Wylie hereby designates the Property for its, historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Government Code; and Development Agreement—Country Club Estates Building Materials Standards Page I of 17 3277435 1 0311112025 Item 3. WI-JEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Goverm-nent Code with the full understanding and intent that Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date (hereinafter defined) of this Agreement;and WHEREAS, the Wylie City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: I. Incorvoration of Recitals, The representations, covenants and recitations set forth in the forth in the foregoing recitals of this Agreement are true and correct, are incorporated into the body of this Agreement and are adopted as findings of Wylie and Developer. 2. Land Subject to Afire meat: The land that is subject to this Agreement is the Property. Developer represents, and warrant that Developer is the sole owner of the Property as of the Effective Date of this Agreement, 3. Building- Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or filture building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas, Government Code, as it exists or may be amended. Developer voluntarily consents and agrees, to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance,and alteration of any existing or future building on the Property. (b) Before commencernent of construction, renovation, maintenarice or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement,Developer shall impose deed restrictions on the Property, incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to, any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once approved, Developer shall record the approved deed restrictions in the Real Property Records of Collin County,Texas. The approved deed restrictions may not be amended, tenninated, or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third- party beneficiary of the approved deed restrictions, and Wylie shall have the right Development Agreement—Country Club Estates Building Materials Standards Page 2 of 17 3277435 El 1 0311112025 Item 3. but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. (c) Wylie designates the Property for its historical,cultural or architectural importance and significance pursuant to Section,3000.002(d) of the Texas Government Code. Developer voluntarily consents and agrees to such designation. Developer voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property,and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modif rwi y the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty (30)days after Wylie sends written notice of such failure to Developer, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County, Texas as a lien or encumbrance on the Property; (ii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iii) to refuse to issue building permits for any building on the Property; (iv) to refuse to issue a Certificate of Occupancy for, any building on the Property; (v): to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to inn-nediately cease the construction, renovation, maintenance andlor alteration of a building on the Property; and/or (vi) to seek specific enforcement of this Agreement. (b) If Wylie fails to comply with the to and conditions of this Agreement and such failure is not cured within thirty (30) days after, Wylie receives written notice of such failure from Developer, then Developer may seek specific enforcement of this, Agreement as Developer's sole and exclusive remedy. S. Limitation of LJability, Notwithstanding anything to the contrary herein,the parties agree and acknowledge that Wylie shall not,under any circumstance,be required to tender,or be Development Agreement—Country Club Estates Building Materials Standards Page 3 of 17 3277435 El 1 0311112025 Item 3. liable to Developer for, any Credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant RunnjLg_jyith tl e T and. This Agreement shall be a covenant running with the land and Property, and shall be binding on the Developer and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents, and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to: grant such superior and priority encumbrance, lien or interest, as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 7. Limitations of Agreement., Wylie ordinances covering property taxes,utility rates,permit fees, inspection fees, tree mitigation fees, impact fees,development fees,tap fees,pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the, future arising- . Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be -notified, postage pre-paid and registered or certified with return receipt requested-,by facsimile;by electronic mail,with documentation evidencing the addressee's receipt thereof-, or by delivering the same in person to such Party a via hand-delivory service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes os es of notification, the, addresses of the parties shall be as follows: If to Wylie, addressed to it at. City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone- (972) 516-6000 Facsimile: (972) 516-6026 Email: brenl,,r,)arkerF'i7i),A,,vN!Iietexas.�,,ov with a copy to: Abernathy, Roeder, Boyd & Hullett,P.C. Attention. Ryan D. Pittman 1700 Redbud Blvd., Suite 3,00 McKinney, Texas 75069 Development Agreement—Country CIO Estates Building Materials Standards Page 4 of 17 327'7435 El 0311112025 Item 3. Telephone- (214)544-4000: Facsimile: (214) 544-4044 Email: If to Developer, addressed to Developer at, SKORBURG RETAIL CORPORATION 8214 Westchester Dr., Ste 900 Phone: 214-522-4945 Fax: 214-522-7244 Email: 9. Indemnity,. (a) DEvELoPER SHALL RELEASE,DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES, (INCLUDING DEATH), CLAIMS, PROPERTY DAMACES (INCLUDING LOSS OF USE)�, LOSSES, DEMANDS, SUITS, JUDGMENT$ AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEVS FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEvELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS, EXPRESSLV REQUIRED To DEFEND WYLIE AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO:APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED, BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALI, OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION To Do so. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPERS OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPERSHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE's WRITTEN NOTICE THAT WYLIE IS INVOKING ITS, RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. Development Agreement—Country Club Estates Building Materials Standards Page 5 of 17 3277433 El 1 0311112025 Item 3. THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THis,AGREEMENT. 0, Acknowledgement ylie's Compliance with Feder of W al and State Constitutions. Statues and C= Law and Federal. State and Local ordinances, Rules and Re mlati-0—n-a• , Develo -,r's Waiver and Release of Claims F!pr Qh1i lations Ina rased b this A reement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER, IN WHOLE OR IN PART,DO NOT CONSTITUTE M (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED (D) NUISANCE;OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL CAR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS YLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS,, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES,VENDORS,GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH Du VE LOPER RELEASES YLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE,RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11, Vested Riahts/Charter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existingor in the future arising. This Agreement shall con,ler no vested right,-, on the Property, or any portion thereof,unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code,as amended,and nothing in this Agreement provides Development Agreement—Country Club Estates Building Materials Standards Page 6 of 17 3277435 El 1 0311112025 Item 3. Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY STATUTORY CLAtM UNDER CHAPTER 245 OF Tin TF XAs LOCAL GOVERN MENT CODE,AS AMENDED,UNDER THIS AGREEMENT. Tilts SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement., then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEx. Loc. GOV'T CODE § 271,153, as it exists or may be amended, if applicable. 13. Wartantics/Representptions. All war rcr itics, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrwrient delivered by one party to the other under this Agreement shall he considered to have been relied upon by the other party and will survive the satisfaction of any fees under, this Agreement, regardless of any investigation made by either party. 14. Entire Ag Teem ent. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15 ovemi'll Law- Venue, The laws of the Mate of Texas, shall govern the interpretation, validity,perfonnance and enforcement of this,Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 16. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. 17. Multiple Copatberparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. I& Authorit_v to Execute. The individuals executing this Agreement on behalf of the respective, parties below represent to each other and to others that all appropriate and necessary action, has been taken to authorize the individual who is executing this Agreement to do so for and an behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the sairte to be an, authorized and binding agreement on the, party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so,and such authorization is valid and effective on the Effective Date(hereinafter defined). Development Agreement—Country Club Estates Building Materials Standards Page's of 17 3277435 El 0311112025 Item 3. 19. Savings; Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void,unenforceable or unlawful by a court of competent jurisdiction,then that terra,condition or provision shall be deleted and the remainder of the Agreement shall remain in frill force and effect as if such invalid;, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 20. Representations, Each party represents that it has carefully read this Agreement, knows the contents hereof,has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. No Third Marty Beneficiaries'.. Nothing in this Agreement shall be construed to create any right in any third party riot a signatory to this Agreement, an,d the parties do not intend to create any third party beneficiaries by entering:into this Agreement. 22. As s nm ntll iradiri Effect. ( is Agreement is assignable, in whole or in part, upon the following conditions, all, of which must be satisfied before any such assignment shall he valid and enforceable.. (i) the assignment of the Agreement must be evidenced by a recordable document C ssignment"), the form of which must be approved in writing byWylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations,covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved,executed Assignment in the Real property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the samo, and until Wylie receives said file- marked copy of the Assigninent as provided herein, Wylie shall not, under any circumstance,recognize said Assignment, (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 22. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. Development Agreement—Country Club Estates Building Materials Standards Page 8 of t 3277435 El 1 0311112025 Item 3. 24. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to,enforce any of the provisions of this Agreement,at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 25. Inimuni!j. It is expressly understood and agreed that, in the execution and performance of this Agreement, Wylie has not waived, nor, shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity,that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 26. Reference to Deve1pper. When referring to"Developer"herein, this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is legally responsible. 27. Deference to Wylie. When referring to "Wylie" herein, this Agreement shall, refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. Miscellaneous Drafting,-Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. [Signature page follows.] Development Agreement—Country Club Estates Building Materials Standards Page 9 of 17 3277435 El 1 0311112025 Item 3. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed, it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement("Effective Date"), CITY OF YLIE, TEXAS, a home-rule municipality By: Brent Parker,City Manager Date: Attested to by: Stephanie Storm, City Secretary STATE OF TEXAS, § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Brent Parker, known to me to be one of the persons whose names are subscribed to the foregoing instnment; he acknowledged to me that he is the City Manager and duly authorized representative for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND, AND SEAL OF OFFICE this _ day of _2025. Not Public, State of Texas My Commission Expires: Development Agreement—Country Club Estates Building Materials Standards Page 10 of 17 3277435 1 0311112025 Item 3. SKORBURG RETAIL CORPORATION, a Texas corporation By; z %;ue t4 Adam D - , - Authori finer Date: � STATE OF TEXAS § COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Adam B-uczek, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he executed the same for the purposes and consideration therein, slated and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this of 2025. day Notary Public, State of Texas =(eBrjooke Ashley Vail Vb0thle I my coo expires My Commission Expires;2VIJ20 6 Notiry 10134742171 Development Agreement—Country Club Estates Building Materials Standards Page I I of 17 3277435 0311112025 Item 3. Exhibit A Legal Description of the Property BEING a tract of land situated in the Will iam, Patterson Survey, Abstract Number 716, Collin County,Texas being all of a tract of land described in deed to Matthew M.Butschek and Catherine V. M. Butsclick, husband and wife, recorded in Clerks File No. 97-0001744, the Official Public Records of Collin County, Texas(O.P.R.C.C.T.),and being all of a tract of land described in deed to Matthew M. Butschek and Catherine V.M. Butschek,hush and and wife,recorded in Clerks File No. 97-0,001745 O.P.R.C.C,T., and being all of a 40.00 acre tract of land described in deed to D- Dreams,Inc.,recorded in instrument number 20070131000142850,OX.R.C.C.T., and being more particularly described as follows: Beginning at the northeast Corner of said Butschek tract (97-0001744),being the southeast comer of Country Ridge Phase A, an addition to the City of Wylie, recorded in Cabinet 0 Page 309, in the Plat Records of Collin County, Texas (P.R.C.C.T.), being in the west right of way line Of Country Club Drive (FM 1378); THENCE South 01 degree 42 minutes 52 seconds West, with the west line of said Country Club Drive and cast line of said Butschek tract (97-0001744), a distance of 372.61 feet to,the southeast comer of said Butschek tract (97-0001744) and northeast comer of a 24.50 acre tract of land, described in deed to CS SECURE TRUST, Carole Carrington Shaw, Jeffrey Glen Shaw, and Victoria Carrington Shaw Arp, Co-Trustees, recorded in instrument number 2024000021221, O.P.R.C.C.T. ; THENCE North 89 degrees 18 minutes 11 seconds West,with the south line of said Butschelc tract (97-0001744)and the north line of said 24,50 acres tract, a distance of 1,167.47 feet to the northerly northwest comer of said 24.50 acre tract,being in the east line of said Butsheck tract(97-0001745); THENCE South 00 degrees 58 minutes 57 seconds West, with the east line of said Butsheck tract (97-0001745), a distance of 172.52 feet to the southeast comer of said Butsheek tract (97- 000 1745), being an ell corner of said 24.50 acre tract-, THENCE South 87 degrees 44 minutes 39 seconds West, with a south line of said Butsheck tract (97-0001745), a distance of 208,03 feet to the westerly northwest comer of said 24-50 acre tract and a southwest comer of said Butsheck tract (97-0001745), being in the cast line of said 4q.00, acre tract; THENCE South 00 degrees 06 minutes 43 seconds West, with the east line of said 40.00 acre tract and the west line of said 24.50 acre tract,a distance of 1,10 1.0 feet to the southeast comer of said 40.00 acre tract and the southwest corner of said 24.50 acre,tract, being in the north right-of-way line of McMillen Road-, THENCE South 89 degrees 00 minutes 53 Seconds West, with the north line of McMillen Road and south line of said 40.00 acre tract, a distance of 1,239.99 feet to the southwest corner of said 40.00 acre tract and the southeast corner of a called 112.18 acre tract of land described in deed to Pamela Joe Thronburg, recorded in Instrument Number 20100416000373400, O.P.R.,C.C.T., Development Agreement—Country Club,Estates Building Materials Standards Page 12 of 17 3 3277435 E 1 0311112025 Item 3. THENCE North 00 degrees 06 minutes 43 seconds East,with the west line of said 40.00 acre tract and cast line of said 112.18 acre tract a distance of 1,405.27 feet to the northwest comer of said 40.00 acre tract and the southwest comer of said Butschek tract (97-0:001744); THENCE North 01 degrees 41 minutes 55 seconds East,continuing with the cast line of saidl 12.18 acre tract and with the west line of said Butschek tract (97-0001744); with the east line of said H 2.18 acres tract to a point,, a distance of 253.3 1 feet to the southwest comer of Country Ridge Phase 13, an addition to the City of Wylie, as recorded in Cabinet Q Page 560, P.R.C.C.T; THENCE South 89 degrees 18 minutes 30 seconds East, with the with south lines of said Country Ridge Phase A and B, and with the north line of said Butschek tracts, a distance of 2,612.93 feet to the POINT OF BEGINNTNG and containing 59,75 acres of land. Development Agreement—Country Club Estates Building Materials Standards Page 13 of 17 '42774-35 El 0311112025 Item 3. Exhibit B Building Materials Standards As used in this Agreement, the to "Building Materials Standards" shall include all standards for building products and materials and aesthetic metho�ds in the construction, renovation, maintenance and alteration of buildings as set forth or referenced in the following: I r Ordinance No, 2021-19, Zoning Ordinance, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto), including but not limited to Section, 3.4 (Residential Design Standards) 2. The Planned Development zoning ordinance or other zoning ordinance that approved the zoning on the Property, as it exists or may be amended by Wylie,in its sole discretion(and any successor ordinance thereto) 3. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 4. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion(and any successor ordinance thereto) 5. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 6. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 7, Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion(and any successor ordinance thereto) 8. Ordinance No. 2017-37,International Plumbing Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 9. Ordinance No, 2017-34,International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylic in its sole discretion(and any successor ordinance thereto) 10. Ordinance No. 2017-32, International Building Code - Commercial and all local amendments thereto, as it exists, or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) Development Agreement—Country Club Estates Building Materials Standards Page 14 of 17 327743 5 El 1 0311112025 Item 3. IL Any other existing or future or successor ordinance,rule or regulation adopted by the Wylie City Council that establishes a standard for a building product,material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or, aesthetic method under a national model code published within the last three code cycles that applies to the construction,renovation, maintenance, or other alteration of the building Development Agreement—Country Club Estates Building Materials Standards Page 15 of 17 3277435 El 0311112025 Item 3. Exhibit C Additional Improvements As used in this Agreement, the term, "Additional Improvements" shall include all additional improvements as set forth below: 1, An eight-foot (8')high board on board cedar wood fence,with a capon top, along the northern property boundary adjacent to the existing residential subdivision shall be built by the Developer. This fence shall be built before any building certificates of occupancy are issued. Additionally, the Homeowners' Association (1-10A) shall be responsible for maintaining this fence. 2. An eight-foot (8')high board on board cedar wood fence, with a cap on top, along the western property boundary adjacent to the property located in the extraterritorial jurisdiction (ETJ) shall be built by the Developer. 'Ibis fence shall, be built before any building certificates of occupancy are issued. Additionally,the Homeowners' Association(HA}shall be responsible for maintaining this fence. 3 Following the Developer obtaii-ting the required demolition permit,all the existing radio towers located on the Property shall be removed. No horizontal construction shall commence on the Property until all the existing radio towers have been safely removed, 4. The Developer shall coordinate with both Wylie staff and the Cotintry Ridge Homeowners' Association(HOA) and collectively choose one(1) of the following options,: (a), The Developer shall provide a connection to the existing Sweetgum, Drive right-of-way with a paved private access easement to be constructed by Developer. Additionally, this connection to we um Drive shall be restricted for emergency vehicle access only through an automatic gate. Both the private access easement and automatic gate shall be owned and maintained by the Homeowners' Association(110A). Development Agreement—Country Club Estates Building Materials Standards Page 16,of 17 3277435 0311112025 Item 3. (b) The Developer shall construct a new drainage inlet in the Sweetgurn Drive right-of-way, and a new storm sever line through can easement in the development on the Property, as generally depicted In figure -1 below. Final design and sloe of the inlet and storm sewer line shall be dete lned daring engineering plan. approval. `atr :'-I eu. P ry �. Pr apos d New aY ri let Proposed New Storm Sewer Line t Y Development Agreement—Country Club estates Building Materials Standards Page 17 of 17 3277435 El 0311112025 Item WS1. JAI Wylie City Council CT WYLIE AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Brown Subject Discuss Five Year Financial Plan. Recommendation iscussion Discussion Discuss with the City Council the financial projections for fiscal years 2026-2030. El 0311112025 Item WS1. 92 0311112025 Item WS1. 93_ 0311112025 Item WS1. 2026 2027 2028 2029 2030 It rade GSS positions 119,658 119,658 119,658 39,886 0 Equipment 350,000 170X0 15,000 125X0 15,000 Capital Requests fund balance 725,000 675,000 500,000 650,000 575,000 Total Funded Requests 1,194,658 964,658 634,658 814,886 590,000 Total Bond Funded Requests ($17,325,000) 41000X0 5A00X0 1,62500 31300MOOO 3XOX 94 0311112025 Item WS1. w w _�5 0311112025 Item WS1. BUDGET PROJECTED PROJECTED, PROJECTED PROJECTED FY 2025-26 FY 2026-27 FY 2027-28 F'Et 2028-29 F'li 2029-30 BEGINNING FUND BALANCE(1) 3,511,012 $ 2,790092 2,GD7,754 $ 1,358,209 455,296 TOTAL REVENUES 6,708,209 7,191,339 7,711,560 8,271,761 8,271,761 Tra nsfe rsfrown U the rFu nds - - - - - TOTAL REVENUES`&TRANSFERS-IN 6,708,209 7,191,339 7,711,560 8,271,761 8,271,761 BaseEdxpernditures $ 5,914471 $ 6,257,020 $' 6,844,447 $ 7,213,788 $ 7780,862 New Personnel Requests $ 119,658 $ 119,658 $ 119,658 39,886 - TCITAL RECURRING EXPENDITURES, $ 6,034129 6,376,678 $ 6,964,1GS 7,253,674 $ 7,78t}862 FgWprnenatRequests 350,000 170,E 15,E 125,000 15,000 Fund Marnce Capital Projects 725,000 675,000 500,000 650,000 575,0 Transfers to Other;Funds (Debt Payments) 320,000 752,E 882, 1;146,000 1,386,00+0 TOTAL EXPENDIT URES&TRANSFERS-OUT $ 7,429,129 7,973,678 $ 8,361,105 $ 9,174,674 $ 9,756,862 ENDING FUND BALANCE $ 2,790 092 $ 2,007,754 $ 1,358,209 $ 455,296 $ (1,029,804) FUND BALANCE-%OF SALES TAX 51.77 34.49% 21.61% &71' -15.17 EXCESS FUND BALANCE(OVER 25%) 1,442,734 552,606 (213,350) (1,241,988) (2,727,088) 96 0311112025 Item WS1. 97__ 0311112025 Item WS1. Personnel Requests 2026 2027 2028 2029 2030 Equipment Operator 11 (2)Water 156,000 Fleet Maintenance Technician (Water) 72,370 Right of Way Inspector 80,747 Total Utility Fund (4 FTE Positions) 153,117 156,000 0 0 0 Equipment/Vehicle and Other One Time Requests 2026 2027 2028 2029 2030 Utility Admin 0 0 a 0 0 Water 395,000 555,000 175,000 100,000 100,000 Wastewater 850,000 985,000 711,000 626,000 221,000 Engineering 65,0001 01 65,000 65,000 0 1,310,000 1,540,000 951,000 791,000 321,000 111111mi 111111M I iiiiiii Milli I I i ill, 11 1111M 111 98 i 0311112025 Item WS1. o o 99 0311112025 Item WS1. BUDGET PROJECTED PROJECrED PROJECrED PROJECTED FY 2025-26 FY 2026-27 FY 2027-29 FY 202 8-29 FY 2029-30 WINNING FUND BALANCE 32,621,304 $ 28,475,847 $ 27,749,085 $ 28,843,756 31,031,560 L REVENUES 33,308,930 $ 34,988,673 $ 36,,756,187 $ 38,616,083 40,573,215 Transfers from other Funds - - - - L REVENUES&TRANSFERS-IN 33,308,930 $ 34,988,673 $ 36,756,187 $ 38,616,083 $ 40,573,215 Base Expenditures 29,690,278 $ 31,134,413 $ 31,738,943 $ 32,576,559 $ 33,773,960 New Personnel Requests 153,117 156,0130 - - - R7TAL RECURRING EXPENDITURES 29,843,395 $ 31,290,413 $ 31,738,943 32,576,559 $ 33,773,960 L 791,000 Equipment/One Time Requests 4,810,DGO LL:::1546�O00 951,0GO 321,000 Transfe rs to Other Fu nos 2,800,992 2,885,,1322 2,971,573 3,060,720 3,152,542 L EXPENDITURES&TRANSFERS-OUT 37,454,387 $ 35,715,435 $ 35,661,516 $ 36,428,279 37,247,502 NDING FUND BALANCE 28,475,847 $ 27,749,085 $ 28,843,756 $ 31,031,560 34,357,273 ND BALANCE-days of expenditures 278 284 295 311 337 LESS FUND BALANCE(OVER 90 days) 19,240,519 18,942,539 20,050,505 22,049,245 25,172,957 11111111 111 111 ii"Jill 100 0311112025 Item WS1. 101' 0311112025 Item WS1. FY 2024 Budget v.Actual (plus Carryforwards) e d ® e $0 General Government Public Safety Urban Development Streets Community Service ®® ® Carryforward .Actual Budget _1d2_ 0311112025 Item WS1. $8,000,000,000 1.0000 08789 _ 0.9000 ta.;z��tt^.� $6,000,000,000 0:848 C3 r='810 0.8000 as CO ai x s� FT ca Cl- r':: 0.7000 $2,000,000,000 0.6000 $0 0.5000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tax Rate Industrial! Multifamily Commercial 0 Residential 103 0311112025 Item WS1. $1,100,000,000 $6,000,000 $1,000,000,000 67 $900,000,000 $800,000,000 $5,000,000 $700,000,000 $600,000,000 $500,000,000 Ckf 2 CL $400,000,000 $4,000,000 $300,000,000 $200,000,000 $100,000,000 $0 $3,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Revenue Commercial - New Commercial - Exist jil ill ii ii i 104 0311112025 Item WS1. 80,000,000 6 < 1. 1 62,941,131 59,888,578 60,000,000 53,57 1.11 40,000,000 20,000,000 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Budget 2025 Transfers to Other Funds Community Services Streets Development Services Public Safety 11 General Government 105 0311112025 Item WS1. 2026 2027 2028 2029 2030 Police SRO (6) (City Portion) 126,639 126,639 126,639 Crossing Guards 35,100 Detectives (4) 126,639 126,639 126,639 126,639 Patrol/Traffic Officers (12) 253,278 253,278 253,278 37,9,917 379,917 Mental Health Unit (3) 141,080 126,639 126,639 Training Officer- Professional S•tandards 126,639 Part Time BaflffNVarrant Officer 34,370 0 Assistant Chief(Admin) 197,411 Civilian (2) 55,000 63,245 Total 30 FTE Positions 717,106 759,834 758,967 506,556 569,801 Fire and Emergency Communications belief Firefighters (3) 419,318 Fire I nspecto l nvestig ato r 127,100 Mental! Health Unlit. Paramedic (3) 139,773 131a,773 139,773 Paramedics 4th Ambulance (4) 365,01,2 EMT 4-th Ambulance (4), 333,540 Fleet P01aintenance Technician 78,200 Community & Life Safety Education Coordinator 73,345 Dispatcher (4) 92,896 69,38,0 69,380 ;383 Communications Supervisor 123,937 Total 22 FTE Positions 981,224 13,9,773 282,498 767,932 69,3 11�111!' mijill 11 1 11106 112025 Item WS1. 2026 2027 2028 2029 2030 ipment Operator 1 (6) 57,019 57,019 114,038 57,019 57,019 q u lipment Operator 11 78,107 ssistant City Planner 86,468 nimal Control Officer 66,003 art Time Kennel Aftendant (3) 72,952 Kennel Supervisior 61,798 it Secretary Admin Assistant - Public I riformation 67,870 Facilities/Custodian Position 56,542 acifities Maintenance Technician 80,748 Finance -Accountant 76,412 IT' Public Safety IT Specialist 80,748 unicipal Court PIT Judge to FT Judge 124,049 unicipal Court Magistrate Clerk 69,683 metal General Government (18 IFTE Positions) 342,927 316,754 276,916 129,971 196,924 -0 New FTE -General Fund 2,041,257 1,216,361 1,318,383 1,404,45,9 83611,05 107 1 11 Ill Ill- I i�� ii ;I I ill iiii I I g�ll �iiii 11�! i� :!I, I � ii 1 1 0311112025 Item WS1. 2026 2027 2028 2029 Police 1,773,400 937,30,0 1,273,400 11,029,450 794 Fire 3,967,432 1,172,132 1,693,132 1,486,848 3,001,308 Streets 88011,000 1,150,00,0 1,150,000 1,190,000 1,155,000 General Government 263,550 257,350 219,100 81,000 15,000 6,884,382 3,516,782 4,335,632 3,787,298 4,965,608 0311112025 Item WS1. 2026 2027 2028 2029 2030 Base Expenditures 67,431,098 71,585,901 75f006,46,5 79,673,680 83,503,906 Personnel Requests- Public Safety 1,698,330 2,597,937 3,639,402 4,913,891 5,553,072 Personnel Requests- General Govet 342,927 659,681 936,599 1,066,570 1,263?494 Total New Personnel Requests Cummulative 2,041,257 3,257,618 4,576,001 5,980,461 6,816,566 Total Recurring Expenditures 69,472,355 74,843,519 79,582,466 85,654,141 90,320,472 Equipment and Vehicle Requests - Public Safety 5,740,832 2,109,432 2,966,532 2,516,298 3,795,608 Equipment and Vehicle Requests - General Govt 1,143,550 1,407,350 1,369,100 1,271,000 1,170,000 Total Equipment and Vehicle Requests 6,884,382 3,516,782 4,335,632 3,787,298 4,965,608, T el nditures 76,356,737 78,360,301 83,918,098 89,441,439 95,286,080 109 0311112025 Item WS1. '�1Q 0311112025 Item WS1. Expense Category Trend (ire millions) 90 80 70 60 50 ,. 40 30 20 10 0 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Budget 2025 Projected Projected Projected Projected Projected 2026 2027 2028 2029 2030 Revenue New One Time use Request M New Personnel Request Cummulative Transfers Out One Time Capital Expense Operational Expense Personnel Expense 111_ 03/11/2025 Item WS1. AN $15,000,000 _ $0.600000 v $10,000,000 $0.400000 m o 0 x Q 0- 4 b � U) $5,000,000 $0.200000 x co $0 $0.000000 2025 2026 2027 2028 2029 2030 Tax Supported Debt Payment N I&S Tax Rate/$100 M&O Tax Rate/$100 112 0311112025 Item WS1. FY 2026-2030 Capital Projects (Facilities,renovations or other large capital investments) Equipment Request 2025 2026 2027 2028 2029 2030 CITY MANAGER CITY SECRETARY FACILITIES FINANCE PURCHASING HUMAN RESOURCES IT MUNICIPAL COURT POLICE FIRE&EMERGENCY COMMUNICATIONS Fire Station 2 Reloaction,Fire Adminstration EOC,Logistics,and Training Fire Station 1 Reloaction Fire Station 5 ANIMAL CONTROL Animal Shelter Relocation*Bond PLANNING&BUILDING INSPECTION Zoning Ordinance Update 350,000 STREETS E FM 544(Alfred to Vinson)-Funded by County and Bond $6,000,000 $5,000,000 McMillen(McCreary to Country Club)-Funded by County and Bond $5,000,000 $10,000,000 $2,000,000 Eubanks Lane(SH 78 to NTMWD)-Funded by NTMWD and City IF $3,600,000 $2,000,000 Park Blvd(Country Club to Parker)-Funded by County and Bond $10,000,000 $4,000,000 Kreymer(SH 78 to Stone)-UNFUNDED-pursuing County and NCTCOG funding $2,000,000 $7,000,000 $7,000,000 $6,000,000 Eubanks(SH 78 to Brown)-UNFUNDED-possible EDC,TxDOT,IF funding? $600,000 $3,600,000 $3,000,000 Alanis(SH 78 to Ballard)-UNFUNDED-possible new Bond funding? $1,500,000 $10,000,000 $5,000,000 Spence Drive,Liberty Drive,Douglas Drive $400,000 Historic Downtown Traffic and Drainage Improvements Phase 1 $200,000 $200,000 $470,000 $14,000,000 Historic Downtown Traffic and Drainage Improvements Phase 2 SIGNALS AND LIGHTING Three Intersections(Sachse/Creek Crossing,McCreary/Hensley, $1 500,000 Woodbridge/Hensley)-Funded by City IF Kirby/Birmingham Signal $100,000 $700,000 Brown Street Lighting(SH 78 to Wylie East Drive)-UNFUNDED-possible$200k from Federal Grant? $100,000 $700,000 Country Club Lighting(FM 544 to Parker Road) $100,000 $1,050,000 HSIP 2023 FM 544 $420,000 $2,350,000 HSIP 2024 SH 78(PENDING FINAL ACCEPTANCE FROM TxDOT) $450,000 $2,600,000 LIBRARY TOTAL GENERAL FUND 19,070,000 27,000,000 22,270,000 13,S00,000 13,700,000 23,450,000 FY 2026-2030 Capital Proiects (Facilities.renovations or other larae capital investments) Equipment Request 2025 2026 2027 2028 2029 2030 u*nLu1CADMIN WATER Ballard Elevated Storage Tank $1,000,000 Dogwood Drive waterline Replacement $90.000 $1,000,000 Hilltop Lane Waterline Replacement(625 CO for design,611 OF for construction) $1001000 $1,000,000 Briarwaod Drive Waterine Replacatrrent(625 CO for design,611 OF for construction) $100,000 $1,D00,000 Ann Drive Waterline Extension(611 OF for construction) $500,000 Pirate Drive(Ballard Ave to Hilltop Lane) $200,000 $2,000,0D0 Duncan Way $100.000' $1,000,000 2nd Street,Hilltop Lane,and Thomas Street(Stone Road to Pirate Drive) $100,000 $1,000.000 tat Street,3rd Street,4th Street $350,000 $3,500,DD0 Spence Drive,Liberty Drive,Douglas Drive $300,0D0 Rush Creek L.iR Station Expansion(611 OF debt payment,new Band Funding?) $800,000 $4,000,000 $4,000,000 Rush Creek Trunk Sewer p , _.._ Replat�ment(611 OF for oon�4orr,611 OF debt new,Bald Funding?) $300,000 j1,500,000.51,500,000 1 at Street,3rd Street,4th Street,5th Street $350,000 $3,500,000 Spence Drive,Liberty Drive,Douglas Drive $300,0D0 Water I Wae6ewatar Master Plan VII.W0.000; $1,500,000 UTILITY BILLING _-. TOTAL UTILITY FUND 1,09Q000 1,300.0g0 9,000,000 7,400.000; 6,211.M 7,600,000 FY 2026-2030 Capital Projects (Facilities.renovations or other larae capital investments) Equipment Request 2025 2026 2027 2028 2029 2030 Plams and Construction Field Renovation Founders Park South Constr Com Pkltl"EqWWAj%t3ehtins,and Shade Community Park Construction Parking Phase 1 Community Park South Plans and Con&tniction Pi4 smd Shade founders Park Pirate Cove: T Pleas Parking All Phases Founders Park - Plaft Parking Ali Phases Community Pa* 125,000 i Plans F"NUIty Service Cep Parks,Athk ks,and Public Works - T_ ,_._. j Plans Comeptual Drawings Braddock Park Plants Outdoor Aestroomsand Pavilion grown House t Acquisition 40+Aires mu CanWuc*m Field Renovation Community ntty Park Pkeidt;9 and 4 and Founders Softball C and Q _ Construction P rg Phn*1 Founders Park Pirate Cove Corrstructlan NVINOM blunders PBele Finite Cove(3 Ma4,&M Community Park(S Replacement) Aestrooms and Pavilion Brawn Mouse 300,000 i f Plan RNWOMeTraii Sage CreNr Park 150 000 Trail Master Plan Cary-Wkk 150,000 -- -r- Ctnfcon Foo19 Cahaeaiorq, and Parkkg Phase 2 Founders ParkTM 1,650,0001 �: 3 Founders Park Nordwmstt' Y_ I #,AOt1,000 � - -O+rsVuedortwasnovaUrmSaBeCreekPark 1pct oe i Pgina and Cox nrcOlord Etq�a ,µilnd Ligigs Foumders Park Pkate C � BMW ____....... _. w ._.__. .._..._.� . Band PontltacFlaee and Fire SupWessiO'n CPC' _ PlIms`4 Cptstri ction Ikstrooras Dog Park 4t10.00D m_. CorAtractIMPI Ppua klrrptace Surface Friendship Park 250,000 --4 Gtmit[uctigt Plalilgroundgade 200,000 PgrrsO�doorLigftAsse�nentCitywider - 125,000 w _ YPlans Trails Borman Farm Park; 100,000 Ptansan Ca tr Splas1h Pad Fmk*n Pat Cove, �µ 1 _ COAStroctIM t�and itri ft Phase 2 Gommunliy Nortft' sedan Trans Bo:m_m Farms Park M CoteltAxtkm Pbyvomd surface Vakr"tine Part[ µ - 300,000" -- - Constructloofty#raundShade Covering Valentine Park 200,000 Plans&ash_+Feasl6Nit�tandConstructlan0_uesWlKl __ P Etutdoor lighting Phase 1 City-wide —Coruteuctbn Renovation WRC - _-- _ -- _ Cot f#rtdtoor lidhtinB Pi�Se i ptywkLe � t�?„00B4Oiq� nm*o t Develop Braddock Park iGOtlGoOl Plans Trailtight3ng Municipal COmpex #. 750,000' Plans and Construction faf'Onf hmt for Outdoor Fitness Equipment Container WRC 3W,0WI Construction P4*w ward Pourad4n-place Surface Eurelm Park 300,000 Coistnuction PlaygroundShade Covering Eureka Park 200,000 000 150 ode Park , Plans Develop Parks Pans Outdoor Lighting Phase 2 Citywide; 12S,000' w _.. _ Peens Tda#Connectlon Creekside to IOngsbridge 125,000, Construction City-wide Bghting Phase 2, 1,000,000 Construction Trail Connection Creekside to lCngsbrklge 1,000 000 Construction Develop Parkside Park' 1G00,000 Constructleft Playground Poured-in-place Surface Creekside South Park 250,000 Construction Playground Shade Covering Creekside South Park 200,000 Plans Outdoor Lighting Phase 3 City-wide 125,000 TWAL 4s SALES rat FUND 2,S3O GOB k72SG00 6,0MM 2,f2S 000 3,gSUW 3,57S,000 Fed Balance 725,000• 675 000: S00G00 MOW S75AM Bond 4,000 000 S 4MWD 1,625,000' 3,300080 3AOOAW _ _ P 70TAL PALM A 0 i 0! 0 0 0 0 lf