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04-23-1985 (City Council) Agenda Packet AGENDA SUMMARY TUESDAY, APRIL 23, 1985 ITEM NO. 1 - APPROVAL OF MINUTES No additions or corrections . ITEM NO. 2 - ELECTION OF MAYOR PRO TEM - Not an appropriate area for staff comment . ITEM NO. 3 - PROCLAMATION OF JAY DAVIS DAY - This effort was still being completely coordinated at the time the agenda was put together . The actual proclamation with a fixed date and details will be at the City Council Meeting on Tuesday night for your action. Certainly the City Staff supports this action . ITEM NO. 4 - AWARD TO LES HARN FOR SERVICE TO LAW ENFORCEMENT OFFICER - Recently while apprehending a suspect who was passing hot checks , the suspect began to flee on foot from the point of arrest. One of our officers began to chase the suspect and was having trouble apprehending him. Mr . Harn , who was working on a construction project , noticed the activity and immediately responded and provided assistance in the chase to the police whereby he eventually chased down the suspect and held him until the police arrived . This action so impressed Chief Abbott that he requested the Council consider recognition of Mr . Harn ' s effort publicly at a City Council meeting and consider the reward of $100.00 for Mr . Harn' s unusual act of becoming involved in helping to stop a criminal act. The Council has expressed a similar feeling to Chief Abbott ' s at a work session recently held; thus, this action provides the opportunity to recognize Mr . Harn for his service . ITEM NO. 5 - APPOINTMENT OF REPRESENTATIVE TO NTCOG - Not an appropriate area for staff comment . ITEM NO. 6 - APPOINTMENT TO PLANNING & ZONING - Not an appropriate area for staff comment . ITEM NO. 7 - APPROVAL OF ANNEXATION ORDINANCE FOR HELMBERGER PROPERTY - This property is described as 7 . 50 acres out of the Wm. Sachse Survey , Abstract 835. It is located on Hooper Rd. just south of FM 544. This is the final and formal act making this property a part of the corporate limits of the City of Wylie. ITEM NO. 8 - PUBLIC HEARING ON ZONING OF HELMBERGER PROPERTY This is the property described above and the petitioner has requested Industrial zoning for the tract . The Planning and Zoning Commission voted unanimously to recommend approval of the requested Industrial zoning . The request is compatable with zoning in the area and for the projected land use in that area . ITEM NO. 9 - ZONING ORDINANCE FOR HELMBERGER PROPERTY - See comments for item no . 8 . ITEM NO. 10 - PUBLIC HEARING ON ANNEXATION OF 61 ACRES ON STONE ROAD - This is the second public hearing on this tract of land . The property is described as 3 .0593 acres and 57 . 1017 acres out of the Francisco de la Pina Survey , Abstract 688. It is located on E. Stone Road , adjacent to the MW Properties development , Quail Hollow. ITEM NO. 11 - PUBLIC HEARING ON ANNEXATION OF 124 ACRES - This is the second public hearing on this tract or actually tracts of land known to us as Lake Ranch Estates . You will recall there are thirteen tracts of land represented in this annexation petition . Even though each property owner must annex his own property , we can treat this as one action . 1 ITEM NO. 12 - PUBLIC HEARING ON ANNEXATION OF 295. 284 ACRES OUT OF R. D. NEWMAN SURVEY - This is the second and final public hearing on the annexation petition for this tract of land belonging to Mr . George Lewis. It is legally described as 295 . 284 acres out of the R. D . Newman Survey , Abstract 660. It is located in the southeast quadrant of the city adjacent to Glen Knoll Mobile Home Park. ITEM NO. 13 - PUBLIC HEARING ON RE-ZONING OF PORTIONS OF JACKSON ST. AND BIRMINGHAM ST - This property is described as Lots 1-5 , Block 2 and Lots 1-8 , Block 3 of Kellers First Addition and Lot 34 , Block 5 and Lots 35 , 35a and 36 of Block 6 Brown and Burns Addition. This item came before the Planning and Zoning on March 14, 1985 . The re-zoning petition was initiated at the request of members of the P&Z and came before that body for re-zoning of Blocks 5 and 6 of Brown and Burns Addition and Blocks 2 and 3 of Kellers First addition from Industrial to B-1 . There was opposition from specific property owners in the area who stated they had purchased their property for specific uses which required the industrial zoning and felt their investments were due some consideration from the City . After a great deal of discussion the P & Z voted 4-0-2 with one abstention due to a possible conflict of interest to recommend to the City Council that lots 1-5 , Block 2 and Lots 1-8 Block 3 of Kellers 1st and Lot 34, Block 5 and Lots 35 , 35a and 35 , Block 6 of Brown and Burns Addn . be re-zoned B-1 with the remaining lots (lots 9-17 , Block 3 ; 6-10 , Block 2 , Kellers 1st ; lot 34a , Block 5 Brown & Burns) to continue to be designated as Industrial . The effect of this re-zoning would change the property fronting on Jackson to B-1 and the property fronting on Birmingham would remain Industrial . The most northern block would be changed entirely to B-1 . ITEM NO. 14 - ZONING ORDINANCE FOR PROPERTY DESCRIBED IN ITEM NO. 13 - See comments above. ITEM NO. 15 - PUBLIC HEARING ON RE-ZONING OF 16 ACRES NORTH OF FM 544 - This property is described as 16 .683 acres out of the E. C. Davidson Survey , Abstract 266 . The petition request a change from Sf-2 to 2F (duplex) and MF (multi- family) . This item came before the P&Z on March 14 for re- zoning and was recommended for approval by unanimous vote . The owners are asking for 2 .64 acres to be zoned for duplex and the remaining 13 .04 acres as multi-family . The duplex zoning provides for one-lot deep as a buffer area between the multi-family requested and the single family zoning to the north of this tract . ITEM NO. 16 - APPROVE ZONING ORDINANCE FOR 16.683 ACRES IN E.C. DAVIDSON SURVEY - See comments for item no . 15 . ITEM NO. 17 - PUBLIC HEARING ON RE-ZONING OF 3 ACRES ON SH 78 AND KIRBY ST. - This property is described as 3 .362 acres out of the S . B. Shelby Survey, Abstract 820 and is located on SH 78 and Kirby St . The petition requests a change from PUD to Retail zoning. The former owner of this property , Mr . Switzer had applied for and received a PUD designation for this property ; however , he never pursued the project ; thus , the plan which was approved is now mute and needs to be re-zoned to erase that approved plan . Now the plan is to build a motor bank and bank/office building on this property and they desire a change to retail in order to facilitate this project . ITEM NO. 18 - APPROVE ZONING ORDINANCE FOR 3 ACRES OUT OF E.C. DAVIDSON SURVEY - See comments for item No . 17 . ITEM NO. 19 - PUBLIC HEARING ON RE-ZONING OF 22 ACRES OUT OF S.B. SHELBY SURVEY - This property is described as 22 .039 acres out of the S . B . Shelby Survey , Abstract 820 from SF-2 to MF . The Planning and Zoning Commission recommends 2 approval of this zoning change by a vote of 5-0 . A portion of this property came before the P&Z and the City Council some months ago by petition of then owner , Mr . Ralph Pinkus for a zoning change to 2F. The remainder of the property was not included in the request with the zoning on that portion remaining SF-2 . The new owner , Mr . N . C. Jeffries is now requesting that the southern most portion ( the portion directly north of and adjacent to the railroad tracks) of that property be changed from SF-2 to multi- family. ITEM NO. 20 - APPROVE ZONING ORDINANCE FOR 22 ACRES OUT OF E.C. DAVIDSON SURVEY - See comments on item No . 19 . ITEM NO. 21 - PUBLIC HEARING ON SPECIAL USE PERMIT - The Planning and Zoning Commission heard this petition at their last meeting and recommend approval of this petition by a vote of 4-0-1 . The one abstention was not due to a conflict of interest and therefore counts as an affirmative vote . The petitioner , Mr . N.C. Jeffries desires to place portable office building on the northeast corner of the Rustic Oaks Addition to be used temporarily as a real estate office until such time as a permanent building can be erected . Mr . Jeffries understands that such a permit is renewable annually and that while the staff has no objection to the temporary use of this mobile type building , it would not be in favor of renewing this permit one year from now. ITEM NO. 22 - PUBLIC HEARING ON RE-ZONING OF 4 ACRES OUT OF FRANCISCO DE LA PINA SURVEY - This property is described as 4. 1322 acres out of the Francisco de la Pina Survey , Abstract 688 and is located on SH 78 (part of the Wyndham Estates Retail section) . The Planning and Zoning Commission heard this petition at their meeting on April 11 and recommend approval to the Council by a vote of 5-0. The principals attended the meeting and voiced their intention to build a bowling alley of some sixteen lanes that could at a later time be extended to 24 lanes . This type of operation is not allowable in the retail zoning but under the present zoning ordinance is allowable under B-2 with a specific use permit . In researching the proposed zoning ordinance it was found that in the uses under B-2 zoning of the revised zoning ordinance , this type of entertainment operation is allowed without a specific use permit . Their intention is for an AMF system with a pro shop on the premises . ITEM NO. 23 - APPROVE ZONING ORDINANCE FOR 4 ACRES OUT OF FRANCISCO DE LA PINA SURVEY - See comments for item no . 22 . ITEM NO. 24 - APPROVE ZONING ORDINANCE FOR ONE ACRE OUT OF WM. SACHSE SURVEY - This property is described as one acre out of the Wm. Sachse Survey , Abstract 835 and is located in the Steel Industrial Park, owner Alex Anderson. This is a housekeeping matter for the city staff . This item was inadvertently left off the agenda at the last meeting . The public hearing has been held and all legal requirements have been satisfied , it only remains for the Council to approve and authorize signing of the zoning ordinance . ITEM NO. 25 - APPROVE ORDINANCE CREATING LIFT STATION DISTRICTS - This ordinance empowers the City of Wylie to create lift station districts as the need arises . It also creates the Rush Creek I Lift Station District . ITEM NO. 26 - APPROVAL OF HEALTH ORDINANCE - Numerous comments from City Council members have implied to the staff that the City of Wylie is in need of a health and sanitation ordinance. The staff has been working on drafting what it felt was a good ordinance and we now place this ordinance before you for your approval . This ordinance comes at a good time for , as you recall , we are in the process of 3 trying to acquire an inspector who is qualified in this area and can actually enforce the provisions of this ordinance within the City. ITEM NO. 27 - INTERLOCAL AGREEMENT WITH ROCKWALL COUNTY TO PROVIDE FIRE PROTECTION SERVICE - Recently Commissioner Jolly , our new Rockwall County Commissioner , (now that we are annexing property in Rockwall County) visited with the City Manager and suggested an interlocal agreement like they have with many of the other cities in their county to provide fire protection service to this extremely remote section of Rockwall County . The contract he offered provides a flat rate fee to the City as reimbursement for responding to fires in this area. This check will come directly to City Hall . With out annexation in this area , soon the responsibility will be ours anyway ; thus , I recommend our acceptance of this agreement as an interim step and a method by which we may increase our positive visibility . to the local inhabitants and add one more argument against the City of Rowlett ' s ETJ argument . You may be encouraged to hear that personnally Mr . Jolly to be cooperative and pleasant . I think we can look forward to a good relationship with our commissioner in Rockwall . ITEM NO. 28 - ACCEPTANCE OF WATER AND SEWER LINES DOWN MARTINEZ AND WATER LINES FROM CREEK BEND TO ALANIS - This is a standard acceptance of water lines that were installed off-site to a development and a simple building permit . The staff recommends the standard acceptance of these lines . ITEM NO. 29 - AUTHORIZATION TO ACCEPT BIDS FOR "LITTLE DUDE" This action formally grants the city staff the authority to advertise for bids for sale of the "Little Dude" and to see if we can enter the item in one of our sister city ' s auctions . ITEM NO. 30 - AUTHORIZATION FOR THE CITY TO ACCEPT THE MAINTENANCE AND ELECTRIC BILL FOR STREET LIGHTS ON BALLARD - This item formally authorizes the City to pay the light bills for the fancy lights to be installed as an improvement on Ballard St . Such action would make the payment of the bill simply part of our regular street light electric bill . ITEM NO. 31 - REQUEST FROM C OF C TO CLOSE SECTION OF BALLARD DURING JULY JUBILEE - This action formally makes a matter of requesting permission from the City to close Ballard something we can do and can also request from the State . After your positive action , we will transmit the desires of the Council to the State of Texas for confirmation . ITEM NO. 32 - APPROVE LIFT STATION CREDITS TO GEO. RICHARDS This action grants to Mr . Richards the credits formerly granted to Mr . Groves for the giving of land to the City for a lift station site . ITEM NO. 33 - CANCEL LIFT STATION CREDITS TO RODDY GROVES - This action formally rescinds the previous credit letter given to Mr . Groves . The next action necessary will be to vacate the official dedication. This action will be on your next agenda. ITEM NO. 34 - REVIEW CITY SERVICES EXEMPTIONS FOR SENIOR CITIZENS - Councilman Hughes has requested that this item be placed on the agenda for review of our present policies to establish if , in the council ' s opinion , our current level of exemptions is adequate and has kept pace with the affect of inflation . ITEM NO. 35 - SET DATE FOR SPECIAL MEETING TO REVIEW AND ADOPT REVISED ZONING ORDINANCE - The formal passage of the new zoning ordinance revisions is overdue . The length and 4 complexity of the ordinance will no doubt require a lengthy meeting with no other agenda item. In order to accomplish this , the Council needs to discuss and , if possible , set a date for the conduct for such a meeting . ITEM NO. 36 — AUTHORIZATION TO COMPENSATE L. GAYLER FOR LOST REVENUE WHILE ATTENDING FIRE TRAINING SCHOOL — This item is a re—occurring annual consideration of the Council to grant Mr . Gayler a $500.00 cash payment to compensate him for having to close his business down in order to attend the annual required fire marshall training update seminars . We do pay Mr . Gayler ' s expenses and his tuition for attending the class . Thus , this item is as previously put , compensation for lost revenue ; however , such a payment is unusual and requires specific authorization by the City Council . 5 Al fl. 6/1?411:„ /457/0 Pit AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, APRIL 23, 1985 7:00 P.M. CITY HALL CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-3 Consider approval of minutes. 2 Consider election of Mayor Pro Tem for a one year term. 3 Approve proclamation declaring Jay Davis Day in Wylie, May 4, 1985. 4 Consider award and recognition of Mr. Les Harn for exceptional service in the assistance of a law enforcement officer in apprehension of a suspect. 5 Consider appointment of voting representative to North Central Texas Council of Governments. 6 Consider appointment to fill vacancy on Planning and Zoning Commission. PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 7 4-5 Consider approval of ordinance annexing 7.50 acres out of the Wm. Sachse Survey, Abstract 835. Located on Hooper Rd . south of FM 544. 8 6-8 PUBLIC HEARING - Conduct public hearing on the zoning of 7 .50 acres out of the Wm. Sachse Survey , Abstract 835 located on Hooper Rd. south of FM 544. Industrial zoning requested. 9 9-10 Consider approval of zoning ordinance for 7 .50 acres out of the Wm. Sachse Survey, Abstract 835. 10 11-18 PUBLIC HEARING - Conduct second public hearing on the annexation of 3.0593 acres and 57 . 1017 acres out of the Francisco de la Pina Survey, Abstract 688 located on E. Stone Rd. 11 19 PUBLIC HEARING - Conduct second public hearing on the annexation of 124. 22 acres out of G. W. Gunnell Survey, Abstract 351 ; Moses Sparks Survey, Abstract 849; Wm. Patterson Survey, Abstract 716; J. W. Mitchell Survey , Abstract 589 ; commonly known and referred to as Lake Ranch Estates. Located at the 1 intersection of Lake Ranch Road and FM 1378 . 12 20-25 PUBLIC HEARING - Conduct second public hearing on annexation of 295.284 acres out of R. D. Newman Survey, Abstract 660. Located in the Glen Knoll area. 13 26 PUBLIC HEARING - Conduct public hearing on the re-zoning of Lots 1- 5 Block 2 and Lots 1-8 Block 3 Kellers 1st; and Block 5, lot 34 and Block 6 lots 35, 35a and 36 of Brown & Burns Addn. 14 27-28 Consider approval of zoning ordinance for the property described in agenda item No . 13. 15 29-32 PUBLIC HEARING - Conduct public hearing on the re-zoning of 16.6883 acres out of E. C. Davidson Survey, Abstract 266. Request changes zoning from SF-2 to 2 .64 acres 2F (duplex) and 13.04 acres MF (multi- family) . 16 33-35 Consider approval of zoning ordinance for property described in agenda item No. 15. 17 36-41 PUBLIC HEARING - Conduct public hearing on the re-zoning of 3.362 acres out of the S. B. Shelby Survey, Abstract 820, located on SH78 and Kirby St. from Planned Unit Development (PUD) to Retail. 18 42-43 Consider approval of zoning ordinance for property described in agenda item No. 17. 19 44-48 PUBLIC HEARING - Conduct public hearing on re-zoning of 22.039 acres out of S. B. Shelby Survey, Abstract 820 from SF-2 (single family) to MF (multi-family) . Located North of railroad tracks north of FM 544 . 20 49-50 Consider approval of zoning ordinance for property described on agenda item No. 19 . 21 51-52 PUBLIC HEARING - Conduct public herring on petition for special use permit for mobile type bldg. to be used as a temporary real estate office on Tract 9 of Rustic Oaks addition. (Northeast corner of Rustic Oaks. ) 22 53-58 PUBLIC HEARING - Conduct public hearing on the re-zoning of 4. 1322 acres out of Francisco de la Pina Survey, Abstract 688 from Retail to B-2 (business 2) . Located on SH 78 - Part of Wyndham Estates retail section. 2 23 59-60 Consider approval of zoning ordinance for property described in agenda item No. 22. 24 61-62 Consider approval of zoning ordinance for one acre out of the Wm. Sachse Survey, Abstract 835. Industrial zoning. (Located in Steel Industrial Park. ) 25 63-65 Consider approval of ordinance to create lift station districts and creating the Rush Creek I Lift Station. 26 insert Consider approval of Health Ordinance. NEW BUSINESS 27 66-67 Consider interlocal agreement with Rockwall County for the provision of fire services for a portion of Rockwall County in the Troy Road area and providing for reimbursement . 28 Consider acceptance of water and sewer lines down Martinez Lane and water lines from Creek Bend Industrial Park to Alanis. 29 Consider authorization to accept bids for the sale of "Little Dude" sprinkler system. 30 Consider authorization for the City of Wylie to accept the maintenance and electric bill for the ornamental street lights on Ballard. 31 Consider request from Chamber of Commerce to close Ballard St . between Oak and Marble Streets for July Jubilee downtown parade. 32 68 Consider approval of lift station credits for land donation from Mr . George Richards for Rush Creek I Lift Station site . 33 69 Consider cancellation of credits given at an earlier date similar to that described in agenda item No. 32 to Mr. Roddy Groves. 34 Consider review of "over 65, on fixed income" exemptions on water, sewer and taxes . 35 Consider date for special meeting to review and adopt revised zoning ordinance. 36 Consider authorization to expend $500.00 for compensation in lieu of business operation in order to attend fire training school. 3 GENERAL DISCUSSION 37 Citizen Participation. 38 General Council Discussion. 39 Recess open meeting. EXECUTIVE SESSION 40 Convene Executive Session under authority of Article 6252-17 of V.A.C.S. Section 2 paragraph "f" real estate. 41 Reconvene open meeting. 42 Consider action on matters discussed in Executive Session. 43 ADJOURN • MINUTES PLANNING & ZONING COMMISSION APRIL 11 , 1985 7 :00 P.M. CITY HALL The Planning & Zoning Commission for the City of Wylie , Texas met in regular session on Thursday , April 11 , 1985 in the Council Chambers of City Hall . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law . The meeting was called to order at 7 : 00 P . M . by Chairman Kent Crane with members Nancy Conkle , Ken Mauk , Bryant Barry and Sarah Connelly present . Absent was John Hamilton . Representing the City Staff were Gus Pappas , City Manager ; Roy Faires , C . E.O . ; and Barbara LeCocq , secretary . ITEM NO. 1 - APPROVAL OF MINUTES Chairman Crane asked for any additions or corrections ; there being none , a motion was made by Bryant Barry and seconded by Ken Mauk to approve the minutes as submitted . Motion carried unanimously . ITEM NO. 2 - PUBLIC HEARING ON ZONING OF 7 . 50 ACRES ON HOOPER RD. - This property is described as 7 . 50 acres out of the Wm . Sachse Survey , Abstract 835 . The petitioner has asked for industrial zoning . Chairman Crane asked Mr . Pappas to locate the property on the map and to give staff comment . The property is located on Hooper Rd . just south of FM544 . Chairman Crane opened the public hearing . With no comment from the floor , the public hearing was closed and the item returned to the table . After brief discussion , and the concensus being that the requested zoning is in accordance with adjacent uses , a motion was made by Bryant Barry to recommend to the City Council approval of this petition for industrial zoning on the above described tract of land . The motion was seconded by Nancy Conkle . The motion was carried 5-0 . ITEM NO. 3 - PUBLIC HEARINGaON RE-ZONING OF RETAIL TRACT IN WYNDHAM ESTATES - This property is described as 4 . 1322 acres out of the Francisco de la Pina Survey , Abstract 688 . The petitioner is asking for the retail zoning to be re-zoned to B-2 . Chairman Crane asked Mr . Pappas to identify the tract on the map . Mr . Pappas also explained that the petitioner intends to use this tract for a bowling alley and the present zoning ordinance allows for such a use only in B-2 with a specific use permit , renewable annually . The public hearing was opened by Chairman Crane who asked for comments from the floor . Mr . John Parfait , one of the petitioners explained that this entertainment use would be of high quality . The plans call for a 16 lane bowling alley with the expandability to 24 lanes in the future . He also explained there would be a pro shop connected with the venture and would be using the AMF system . With no further comments from the floor , the public hearing was closed and the item returned to the table for discussion . A discussion concerning the uses permitted under the proposed zoning ordinance ensued and it was noted that under the proposed zoning ordinance , the B-2 designation would allow for the bowling alley without a specific use permit . Kent Crane asked about fencing requirements . Mr . Pappas explained that any portion of the property abutting single family zoning would require a fence as set out in the ordinance . With no further discussion , a motion was made by Ken Mauk to recommend approval of this petition to re-zone the above described property from retail to B-2 . Motion seconded by Sarah Connelly . Motion carried 5-0 . ITEM NO. 4 - PUBLIC HEARING ON RE-ZONING OF 22 ACRES ADJACENT TO RUSTIC OAKS - This property is described as 22 .039 acres out of the S . B . Shelby Survey , Abstract 820 . The petitioner requests re-zoning from SF-2 to MF ( multi- family) . Chairman Crane asked Gus Pappas for staff comment . Mr . Pappas located the tract on the map and explained that a few months ago , the previous owner , Mr . Pinkus had asked for a re-zoning of one tract within this piece of property to duplex leaving the remainder SF-2 . The present owner , Mr . N . C . Jeffries is now asking for the southern most portion to be re-zoned multi-family . This is the portion abutting the railroad tracks . The Public hearing was opened by Chairman Crane who asked for comments from the floor . Mr . Jeffries presented a concept drawing of the property . With no further comment , the public hearing was closed and the item returned to the table for discussion . There was much discussion concerning the zoning of the adjacent properties ( one such property had recently been approved for multi- family and duplex by the P & Z) and the number of lots zoned multi-family in the city . Gus Pappas pointed out on the zoning map the multi-family areas in the City and the areas zoned for multi-family . With no further discussion , Chairman Crane called for a motion . Motion was made by Bryant Barry and seconded ,by Ken Mauk to recommend to the City Council approval of this petition to re-zone the above described property from SF-2 to MF. Motion carried 5-0 . ITEM NO. 5 - PUBLIC HEARING ON RE-ZONING OF 3.362 ACRES ON SH 78 AND KIRBY STREET - This property is described as 3 . 362 acres out of the S .B . Shelby Survey , Abstract 820 and located on South Highway 78 and Kirby Street . (The proposed site of the First State Motor Bank. ) The petition requests a re-zoning from Planned Unit Development to Retail . Chairman Crane asked Gus Pappas for staff comment . Mr . Pappas explained that several years ago this property had been zoned PUD at the request of the owner , Mr . Switzer . The property was never developed under that designation and the property changed hands with the intended use being appropriately retail . This is actually a matter of housekeeping since there is no time limit on the PUD designation . He also stated that the City has confirmation from the present owner of participation in street improvements on Kirby Street . The public hearing was opened by Chairman Crane . With no comment from the floor , the public hearing was closed and the item returned to the table for discussion . There being no further discussion , Chairman Crane called for a motion. A motion was made by Bryant Barry and seconded by Sarah Connelly to recommend approval of the petition for re-zoning the above described property from PUD to retail . Motion carried 5-0 . ITEM NO.6 - PUBLIC HEARING ON SPECIAL USE PERMIT - Chairman Crane asked City Manager Pappas for staff comment and clarification . Mr . Pappas explained that the petitioner , N . C . Jeffries has requested a special use permit to locate a portable building on the eastern tract located on Brown Street and Winding Oaks to be used as a temporary real estate office for Gibraltor Realty until such time as a permanent building can be built . Mr . Pappas explained that a special use permit is renewable each year and while the staff has no objections to granting such a specific use permit on a temporary basis , would probably not recommend approval for renewal . The public hearing was opened by Chairman Crane . Mr . Jeffries stated that the portable building would only be used for a matter of a few months and would be located on tract 3, on the northeast corner of the Rustic Oaks development . He also stated in answer to a question from Kent Crane that his engineer had presented a plan for straightening out the curve on Brown Street . With no further comments or questions , the public hearing was closed and the item returned to the table for discussion . After brief discussion from the commission , a motion was made by Sarah Connelly to recommend approval to the City Council of the petition for a specific use permit as described above . Motion seconded by Ken Mauk . Motion carried 4-0-1 with Bryant Barry abstaining . (Since this was not a conflict of interest , the abstaining vote counts as an affirmative . ) ITEM NO. 7 - ADJOURNMENT - With no further business before the commission , Chairman Crane said he would entertain a motion for adjournment . A motion to adjourn was made by Nancy Conkle and seconded by Bryant Barry . Meeting adjourned by Chairman Crane . Kent Crane , Chairman P & Z ORDINANCE NO. _________ AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE AMMCHR __ ____ SURVEY, ABSTRACT NO. H3a UPON PETTION OF Duay & Ali12 H gqr WHEREAS, ��lD�_& �O '��LApl � has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted ; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land , described by metes and bounds as follows, to-wit: See attached ^" _/ ^ v AjeqewzeS AqT3 ^seuoC uAIoje3 ___________________________ :lS3lM WoAeW °uTIV ^M uqoC _______________________ 86T '-- ^-----------�I��-- `,--" AO AvO PJE2 3H1 SIHl 03AO866V ONV 03SSS6 ^ejlAM fo joAeW eq4 Aq [exoadde pue ebessed s4l jeqfe pue mojf 40effe pue ezjof ul aq Ileqs ezueuipiO sTq1 ^5ulpeej qsjlf uo peqdope pue passed eq ezueulpio slqq jeqq buljlnbei sqslxe Aqjssezeu e ^Azuebieme ue eleejz spueI pFes uodn squemexojdmT peuueld esnezeq ^pue ^ez [AM fo A413 eqq pue zTlqnd eq4 fo qsejequl 4seq eqq oq eq [ lTm pueT fo qzejq plus fo uolqexeuue qzns qeqq qzef eql ^A410 ples fo suo ;qe [nbe� pue selm ^smeI Ile oq qzerqns ^sexel ^Aquno3 ullIo3 ^eTlAM fo A4r3 eq4 - fo 4jed epem pue loq pexeuue ^pexTezej Aqejeq si awes eqq pue - fo qjed epem pue ^o4 pexeuue 'pexlezei eq ^O 'lNO3 ------------- 'ON 33NVNIO80 PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYL.IE, COLLIN COUNTY, TEXAS: Nocomes D Q,.&_e__t_dg.urhty.t_a [ .1d f the County of 1J_ l.,f/ and the State of Texts, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie, in Collin County, texas, and described as follows: BEING all that tract or parcel of land situated in Collin County,... Texas in the WILLIAM SACHSE SURVEY, ABSTRACT NO. 835 and being a part of a 67 . 87 acre tract of land described in a Deed from Don M. Smart to Kenneth Swayze and Maurice Britten as recorded in Volume 1051 , Page 90 of the Collin County Deed Records and being more particularly described as follows : BEGINNING at a point from whence the Northeast corner of said 67 . 87 acre tract bears North 89 deg. 0S•min. East, a distance of 30 feet; THENCE South 89 deg . OS min. West with an old post and wire fence a distance of 466 . 40 feet to a point for a corner; THENCE: South 2 deg . 07 min. 21 sec. west a distance of 41. 32 feet; TnL'::E Scuch 42 deg. 03 min. 12 sec. West a distance of 97 . 71 feet; THEN L North 86 dcy. 31 min. 13 sec. West a distance of 103. 67 feet to a 1/2 inch iron rod set underneath the fence for the Northwest corner of this tract; THENCE South 00 deg. 49 min. East a distance of 431. 47 feet a 1/2 inch iron rod the Southwest corner this tract; THENCE North 89 deg. 37 min. East a distance of 638.39 feet a 1/2 inch iron rod the Southeast corner of this -tract; THENCE North 00 deg. 49 min. West with the West right of way line of a county road a distance of 542. 22 feet to the Place of Beginning and Containing 7 . 50 acres of land. • PETITION FOR ZONING CONT' D. PAGE Said 9l[Q12_e__gairc,_17.AlL _,12., represents that he and all other owners desire t e zoning to be changed from _/l-/�fjJ[4,1 -jv in accordance with the&urrent Zoning Ordinance and making said zoning subject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning. Your petitioner, therefore, respectfull prays that the land above described bne zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. /Witness t e hand of this petitioner this the ZS ✓ day of Feb/ /Cry , 1986- _ Si attire Oa A nitc e. he .z,$ e/e _.A-L ' I' A10 Aze. --- Pl ease F'r nt Name • • /q1 AptoeJ--- Qs�-- Street a dress or Box No. 472 .x/4--s 2gir City Texas Z i p Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the and rsigned ota Public on this day personally appeared ,( �- - CaaJ J! 2known to me to be the person whos name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Give ''u Ajlder my hand and seal of office this the day of r\ C Notar P lic, o 1 ' County, Texas I , I ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Duang & Alige Helmberggr__________ should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: 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 district classification to-wit: .............SWIMS __________________ Said property being described as follows: See attached ' . ' . . SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3' That the above described property shall be used only in the manner and for the pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4' That should any paragraph , sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid , the some shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the parL so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200, 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the _ 23rd ______ day of __ ______________, l985__. ________________________ JOHN W. AKIN, MAYOR ATTEST: ----------------------------- Carolyn Jones, City Secretary ,v // (� PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYL I E, COLLIN COUNTY , TEXAS: Now comes R . V . GROVES of the County of _COLLIN and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporation who are owners of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described as follows: - /9//00,1-C/L, // PETITION FOR ANNEXATION CONT' D. PAGE Said R . V . GROVES represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas as provided by Article 974 (g) of the REVISED CIVIL. STATUTES OF THE STATE OF TEXAS. Witness the / hand e hand of thislpe _ioner this the _� day of 41/1 Signature 0.2.foe,s Please Print Name Address ‘04g& City Texas Zip Telephone 7 THE STATE OF TEXAS: COUNTY OF COLL_I N: Before me, the undersigned \ot_ary ) Public on this day personally appeared __�_r1_ 1�i'�5` , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the /L/ day of _` 2 6 198 S Notary Public, Col n County Texas ' -.Stat.of iaq 1:;" ucira aZ o?S�'f I I =Maa treat of land in the Francisco de la Pisa Survey, Abstract Number 688, situated in Collin County,. Texan, and also being a part of that oertain tract of land-o°hwyed to R.V. Crones and vice, Hazel Groves by J.W. Barnard by deed re- corded in olvse . Page'73,•of the Deed Records of Collin County, Texas, and being acre particularly described as follows: BEGINNING at an iron rod found at the aoet.Southerly Southwest corner of the Groves tract. said point being on the centerline of Stone Road; MENGE North 2°49'58" last along a West line of the Groves tract, at 23.7 feet passing a fence corner poet and cantimming along the general line of an old wire Node on the West line of the Groves tract, a total distance of 352.13 feet to an iron rod sett THENCE South b4°O1'Il" East, 592.21 feet to an iron rod set; IN NCR South 1°47'51" West, 323.41 feet to an iron rod set on the centerline of Stone Road; TaNGE North 88°12109" West along the centerline of Stone Road, 391.S8 feet to the PLACE OF BKGINNIMO, and containing 3.0593 acres of..land;: bore or„leea, of which O.tll acres, sore or less, are presently being used for.Stone Road by fenoee. ... -rN- - _ -.. �:A�..`f..:....;,• .a• ��•. ..2✓.>>�•!L4:+�A':j/4+ •�..t.'�-•w •.RvyV1. I _ . _ .,-.•- - PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now comes axi nTCT DEVVT.MPMF.NT IDRp of the County of IXILLI/L and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporation who are owners of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described as fol lows: PETITION FOR ANNEXATION CONT' D. PAGE Said BENEDICT DEVELOPMENT CORP . represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the Zrh ___ day of --MARCH , Signature P-FRG-Y--84-1I-M-0-N-S- Please Print Name P . O. 1063 Address WYLIE 75098 City Texas Zip 442-5292 Telephone /C� THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the under-' fined - tary Public on this day personally appeared , known to me to be the person wh s name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given und�/er�, my hand and seal of office this the � -=�1,- day of 7-4;-W-,) Notary Public, llin County Texas I / 7 P�larsslftZ laatlrrtaf TRAC?.1 ., \ B»..4 tract of laid in the Francisco.de la Pine Survey, Abstract Nueber 688, sitvatl&,in Collin-County..Texas., and also being a pert of that certain tract of l -omswyrd to lt*r: Groves and vise, Hazel Groves by J.W. Bernard by deed re- corded in Voldae1541, Page 73,of the Deed Records of Collin County, Teems, and being lore particularly described as follows: =INNING at an iron rod found at the sost.Southerly Southwest corner of the Grove- treat. said point being on the centerline of Stone Road; THENCE North 2°49'58" East along a West line of the Groves tract, at 23.7 feet passing a fence corner post and continuing along the general line of an old Lire fines on the West line of the Grove, tract, a total distance of 352.13 feet to Ar iron rod sett THENCE 8outh84°0I'11" East,592.21 feet to an iron rod set; THENCE South 1°47'S1" West, 523.41 feet to an iron rod set on the centerline of Stone Roadt THnfCI North 88°121091 West along the centerline of Stone Road, 591.S5 foot to the PLACE 0: MIMING. and containing 3.0593 acres of land,' acre or,less, cf which 0.1/1 acres, sore or less, are presently being used for Stone Road by fenced. TRACT 2 INS/NO a tract of land in the Francisco de la Pina Survey, Abstract Number 688, aitvated in Collin County. Texas. and also being a part of that certain tract cf land coevri,d to R.N. Groves and wife, Hazel Groves by J.W. Barnard by deed re- corded'in Voila. 644, Page 73 of the Deed Records of Collin County, Texas, and being aora•pa'ticularly described as follows: CCMAI fCDI4,at an iron rod found at the mat Southerly Southwest corner of the Grant tarot, gaid.point being on the centerline of Stone Road; THENCE.North 2-49'38" East, at 23.7 feet passing a fence corner posts and con- . LungingalOne the general line of an old wire fence on the West line of the Groves tract. a .total distance of SSt.t's feet to an iron rod set at the PLACE OF ?:c.,L^+:N-; of this trictt THENCE North 2°49158" Last along the general line of an old vice fence cn the We; line Of the Groves tract. 1300.95 feet to a fence corner post; THENCE forth 88°21136e West along en old vire fence, 116.0 feet to a fence corner posts 41 7 4iPO* West along the general line of an old vire fence, )78.57 w as W ISEECR gdildi'.11l`.+ .list eldng.tM line of an old wire fence at i22.1) feet'p pr •tend tired sod ooa� a total dis to nc a of 1195.6t feet to IMENCE4ont4,881A0251 Nast alone the genetal.line of an old vire fence, 188.65 feet.tOTOA.AA,posts THENCE North 24°39/37" East along the general line of an old wire fence, 153.37 fht t0 atane. posts THENCE North 43°30049s East along the general line of an old vire fence, 125.25 feet to a fence posts THEMC$ 8outh 84°p6'59" East along the general line of an old vire fence, 78.25 feet to a fence posts THENCE North 29°11108" East along the general line of an old wire fence, 107.48 feet to an iron rod set at the Northwest corner of that certain 11.05 acre tract of land ocnvsyed to.LW. Housewright by Charlotte St. John by deed recorded in Volues 1078, Page 97 of the Deed Records of Collin County, Texas; THENCE South 0°43'S8" West along the West line of the 11.05 acre tract-, 421.16 feet to an iron rod set; THENCE South 1°17'OS" West along'the West line of the 11.05 acre tract, 196.82 feet to an iron rod sett TIMM South 43°421SSw 2141t, ,33.35 feet to an iron rod set at the Northeast cor- ner of that pertain 8.0 acre tract of lard conveyed to William W. Rousewright by R.V.Grov s end wife, Hasel Groves by deed dated March 3. 1969: THENCE North 88°11132" Nest along the North line of the 8.0 acre tract, 225.0 feet to an iron rod stet at its Northwest corner; THENCE South 1°17'0S" West along the West line of the 8.0 acre tract. 1.27.1 feet to an iron rod sets . T13FZ(CE South 1620143e West, continuing along the West line of the 8.0 acre tract, 1248.21 feet to a nail set on the oentarline of Stone Road; THENCE North 88°12'09" West along the centerline of Stone Road, 849.18 feet to a nail lets THENCE North 1°47'S1" East, 323.41 feet to an iron rod set; =SCE aog'th$+l°bt*f" Weet.$92.21 feet to the PLACE OF BE3IXK 3, and containing 57.101/ eargsrad`;.iietd.. more or lees, of which 0.44 acres, sore ie• less, are presently being..veid for Stone Need by fences. Lake Ranch development which is 124.422 Acres of land situated in the G. W. Gunnell Survey Abstract no. 351 , the Moses Sparks Survery Abstract no. 849, the William Patterson Survey Abstract no. 716 and the J . W . ^'itche'. Survey Abstract no. 589 - Collin County Texas Lot 1 - 3. 765 Acres belonging to Walter Dahlberg and Gene Newnan Lot 2 - 2.999 " Lot 3 - 3.150 " " Lot 4 - 3.196 " " " Lot 5 -11 .903 " " Lot 6 -12.451 " " Jo Jagoda Lot 7 -15.616 " " Walter Dahlberg and Gene Newman Lot 8 -15.896 " " Autry Don Andress Lot 9 -11 .847 " " Walter Dahlberg and Gene ewman Lot 10 -11 .553 " " Darrell W. Calvin Lot 11 -11 .704 " " Walter Dahlberg and Gene Newman Lot 12 -12.342 " Lot 13 - 8.000 " " " /57 TR@ OWE George Lewis, Inc . 6517 Hilicrest, Suite 211 Dallas, Texas 75205 U i (214) 361-8688 11L February 19 , 1985 Mr. Gus H. Pappas City Manager City of Wylie 114 N. Ballard St. , PO Bx 428 Wylie, Texas 75098 Re : R. D. Newman Survey Dear Mr . Pappas : Abstract 660 Enclosed is our petition for annexation, together with the survey and legal description of subject property . Ve }/ truly your , Gtor Lew GL:hmi enc . cc-EBJohnson • Eric Graham Tom Keeton • PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF W'YLIE, COLLIN COUNT . TEXAS: Now comes George Lewis of the Counter of Dallas and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporation who are owners of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described as follows: See Exhibit "A" • • PETITION FOR ANNEXATION CONT' D. 1=AGE. Said Georcle Lewis represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas as provided by Article 974 (g ) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the 19th February 198 5 ______. __ day of ? j 'LLZ31 _02 Signature //e7i - ' • George Lewis Please Print NaT • 6517 Hillcrest #211 Dallas , Texas 75205 Address Dallas , Texas 75205 City Texas LID 214-361-8688 Telephone • • THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared George Lewis known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the 19th day of February , 198 5 Notary Public , Collin County Texas EXHIBIT "A" BEING a tract of land situated in the R.D .Newman Survey , Abst . and being all of the 55 acre tract of land conveyed to L.M. Taylor try A. b. 11tttl.on, atux, '.'y Dud did Dacamber 17 , 1951 , and recorded in Vol . 442 , Page 247 , of the Collin County Deed Records , and _nd all of the 196 . 5 acre FIRST TRACT of land, all of the 0 . 61 acre SECOND TRACT of land, all of the 14 acre THIRD TRACT of land , al ]. of the 10 acre FOURTH TRACT of land , all of the 10 acre FIFTH TRACT o: land and all of the 10 acre SIXTH TRACT of land conveyed to Erie M.Taylor (wife of L.M.Taylor) and Barbara Taylor by E .T . Standifer by Deed dated August 23 , 1951 , and recorded in Vol . 436 , Page 117 of the Deed Records of Collin County , Texas , and being more fully described by metes and bounds as follows , to-wit : BEGINNING at an existing iron pin set beside a corner fence post at the Northeast corner of the said 196 . 5 acre tract, same ben:: i .. the East line of the said R.D.Newman Survey , same also being a : the Southeast corner of the said 0 .61 acre tract; THENCE North 12 deg . 55 min . East with an old fence and hed,;e ro:: 35 . 0 feet to a point for a corner; THENCE North 0 deg . 16 min. West 1285 . 0 feet with the East line of the said 0 . 61 acre tract and with an old fence and hedge row and with the East line of said Newman Survey to a point in said h€:'Je row for a corner; THENCE South 89 deg . 57 min . West 21 feet across a ravine to a point in an old fence for a corner; THENCE South 0 deg . 16 min . East with an old fence for a distance of 530 feet and continuing across- an open field in all a distance of 1285 feet to a point in said field for a corner ; THENCE South 12 deg . 55 min. West 35 . 0 feet across an open field to a point in the North line of said 19 . 5 acre tract for a corner ; THENCE South 89 deg . 57 min . West 1618 . 54 feet with the North line of said 196 . 5 acre tract and with an old fence and hedge row to a:: existing iron pin set therein for a turn; THENCE South 89 deg . 56 min. West 1917 . 64 feet with the North line of said 196 . 5 acre tract and with the North line of the said acre FOURTH TRACT and with an old fence and hedge row to an c: '. stinr. iron pin set therein for a turn; THENCE North 89 deg . 28 min . West 1268 . 31 feet with the North line of the said 10 acre FOURTH TRACT and with the North line of the said 55 acre tract and with an old fence and hedge row to an e:•:is n : old truck axle driven at the Northwest corner of the said c: .. tract for a corner; THENCE South 0 deg . 46 min . West 1486 . 94 feet with an old fenc and hedge row and with the West line of said 55 acre tract :.ca :_:on'.: therein for a turn; THENCE South 0 deg . 21 min . East 800 . 0 feet with the Fast line c,: said 55 acre tract and with an old fence to a point there 7. turn; THENCE South 0 deg . 45 min . West 381 . 61 feet with the West , inn of said 55 acre tract and with an old fence to an iron pin set in toe center of an old dirt road at the Southwest corner of said 5 ... _ . • tract for a corner ; THENCE North 89 deg . 54 min . East 1157 . 04 feet with the South of said 55 acre tract and the South line of said 196 . 5 acre :.racy :nd1 with a new iron post fence built in the center of an old dirt road to the end of said fence on the West side of a branch for a turn : THENCE North 89 deg . 29 min . East 501 . 0 feet with the South line of said 196 . 5 acre tract and with the center of an old dirt road to a point therein for a turn;, THENCE North 89 deg . 39 min . East 700 . 8 feet with the South said 196 . 5 , acre tract and with the center of an old dirt road an existing R. R. Spike set on top of the East bank of Muddy ' in the center of said road for a turn; THENCE Easterly with the center of said old dirt road as _`oliows : South 89 deg . 55 min . East 659 . 12 feet; North 89 deg . 55 .mil: . 400 . 0 feet; South 89 deg . 50 min . East 800 . 02 feet; South 89 dec . 37 min. East 478 . 04 feet; South 87 deg . 51 min . East 148 . 78 fee:. to an iron pin set on the Northeast side of a 24 inch diameter 4o: s D 'Arc tree at the Southeast corner of the said 196 . 5 acre tractor a corner; THENCE North 0 deg . 23 min. East 440 . 46 feet with the East line of said 196 . 5 acre tract and with an old fence and the East line of said Newman Survey to an existing iron pin set therein for a turn ; THENCE North 0 deg . 17 min. West 1040 . 25 feet with the East line of said 196 . 5 acre tract and with a new fence built on the same line of an old fence and on the East line of the said Newman Survey to an existing iron pin set therein for a turn; THENCE North 0 deg . 03 min . East 540 . 28 feet with the East line of said 196 . 5 acre tract and with the East line of said Newman • Survey and with an old fence to a point therein for a turn; THENCE North 0 deg . 15 min. 639 .93 feet with the East line of said 196 . 5 acre tract and with the East line of the said Newman Survey and with an old fence to the PLACE OF BEGINNING and containing 295 . 284 acres of land. EXHIBIT "A" Page 2 of 2 Pages • t' t !1 `i --� ---- 0 2 t 0 I , • 029 E • MMN I. ,. J) e+ F. ---- 2. �� six Is 1• Z - -_ H 1) II iD J + ° f F R so N o S T 9 = 2 4? 4•1 ii :I 131Z • 46 41 ' 111111 44 N T...._____t 0.....„.....-is. NIE LILL&jp.il, b � _________, Mill --4--- 7 I .' t S 0 ' O ° M A R L S Milf-1-- c ' 314Q• S T i N 4 O J- n '• •: Oi �!, i w u -Li no) 10 I S .f, oh o m (2* I.� • MIS i 1 It(t) . Z go _ .• WO Ti S •(1.• ES 1 IIIM 12 • OM . 4. ME Wad "1.--5; yJj � ��. b OAK MO ICT ate illtrOlgral , I � S T R 2 De • ..) •0 41 ' S �. I. r- S i3Q) z ' �1 t =le 2 W ij �'' �t 'O GIB 1113 _ WI 4 7 ! - C gas I•)7 ♦`i— " . . 0 t 0. 31E' V - AK I 1,N� ./ if. Maie--$ LLIOT R STR EI ' , • Zip I . ., WOO • I134 - 12 - 40 v • r - r tit IDS T sow a 10 �� to 1i • C 'N Z 9 k.V n 6106 Pr v FLEMING R ST. II? ro u ._'tTr gocos ^ I ell 'b 13 " aus . r ;11toil_ _. .. .�i . _.....,''''' ,,' 4 7zit __, I (2N (' ‘.� i ^ ^ ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICQ- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Planninq and 7OOjnj______________ should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 ' That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended Q amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: _ _SUM Of-s$--l____...______________ __ Said property being describud as follows: Kellers lst - Block 2 Lots l thru 5 K8llerS lst - Block 3 Lots l thru 8 Brown & Burns Block 5 Lot 34 Brown & Burns Block O Lot 35,35d and 36 � ^7 .��, / SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended here, o by the granting of this zoning classification' SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City' Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 23rd _______ day of _—April _______________, l985__. ________________________ JOHN W. AKIN, MAYOR ATTEST: ----------------------------- Carolyn Jones, City Secretary =') ' WYLIE CAPITAL CORPORATION P.O. BOX 483 • WYLIE,TEXAS 75098 • (214)442-2242 January 15 , 1985 City of Wylie P. 0. Box 428 Wylie, Texas 75098 Attn: Carolyn Jones, City Secretary Re: Rezoning Request - 16 acres E. C. Davidson Survey, Highway 544 Dear Mrs . Jones : Due to some indecision on our part, we withdrew the above matter from rezoning consideration during the meeting of January 1Oth. Having reconsidered our position, and knowing the feeling of the committee, we take this opportunity to resubmit the matter. Please find attached two copies of Mr. Pogue ' s survey dated May 13 , 1983 , showing the approximate location of the proposed extension of Fleming Street. Our request is for the land North of the extension of Fleming Street, approximately two and one-half acres, to be rezoned 2F, with the balance of the property South of Fleming, approximately thirteen acres, being rezoned MF (multi-family) . Your consideration of our request is appreciated. Very truly yours, / Jim E. McKnight (' JEM:gw encl. 9-�. -- .......a.._._.........._...._. . . . . _. . ;lIIt4110 IN COLLIN COUNTY, TEXAS AND RI INC: TUC NORTHERN PORTION OF A CALLED 31 ACRE TRACT Of LAND Out OI I?tt f.C. DAVI i&N SURV1 Y OF 320 •\CK ; , AKS TRAC1 NC. 256, AND 13f ING 1.1JRE PARTICULARLY VESCRItlED FOL LADS COMMENCING 1T THE SOUTHEAST CORNER OF THE CALLED 31 ACRE TRACT; THENCE NORTH 3 DEGREES 2? MINUTE.; 52 St CONES EAST, A DISTANCE OF 977.03 FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 88 DEGREES 10 MINUTES 33 tCONtS utsr, ALONG THE NORTH LINE OF THE ST. LOUIS MO SOuTHwE;TI L1:O.\O A DISTANCE OF 770. 89 FEET TO A POINT; THENCE NORTH 3 DEGREES 22 MINUTI.S 5? ..l•CONDS EAST, 960. 58 FEET TO A POINT; THENCE SOUTH 89 OEGRES J7 MINUTES 03 SECONDS EAST, ALONG A FENCE LINE, 768.90 FEET TO A POINT; T ILNCE SOUTH 3 DEGREES 22 MINUTES 5? SECOND.: wFS1, 933. 11 FEET TO nu: PLACE OF BEGINNING MO c'ONTAIN14t, 7?6,94J S 2UA1: FEET OR 16. 6883 ACRES OF LAID. . SURVLYCRS NOTE : THL LOCA1ION AND EXISTENCE OF THE 50' INGRESS AND EGRESS EASEMENT DEPICTED HEREON, .JA.; L SHLV 8Y ORAL VOCWIF NTATI ON PROV1 DEV TO US 13V DON K1'A84.R REAL ESTATE COMPANY AND HAS NOT BEEN VL RI FILO 8Y COL L I.` COUNTY VOCU'.IEVTATION. THIS PLAT IS SUBJECT TO A4Y AND ALL. APPLICAHLE LA LM(NTS. L1811-CT TO A'4Y AND AL I. APPL1 CA8Lt I.k31..MC NTS. • SOUTH A9 OEURCES 47 WNLIT i Q; r.(211 c T 768.90' • �i°,9M2X 24 yam: o Li- 2F k\ M o, �.Pbr rC� ••S/f''W/alc 4 X,'•C4<f/ws� of /�fje,,ty STir4 7 a fit, c u C•a / i41/.:)•P.0 x. I3.0 / d c... l ti W z k C.1 • ilk N N N • V ry,._t W .a.1 C[ C' d • yti M 7 • A z 770. 89' y �� PLACE OF 51.;,1 NU;vC: L. MPLti‘ MUM f In `• '= cv ,T t �; • 2 II : 1 U r :i 2 0 W • '` -,+ i ii • 1 i t N; I.1IPR(1VI.MINTS SH,);)N t 4i ON ifil.; 1 FACT. - N CV { h •I. Q • liv i l' n W r .i . • \ -1' i iT d � r ' I .. F A IifC44 VAV NO. 54 4 plat Iserton Y.a true. ♦urrect, and accurate repterrltauon of AI property Id determvsed by 4e. Y. the lanes end duaewtwna rrl said property Aeon u indicated Ow �!•' p >x ry t try plat,the use,location end � ••• of building and iepto.etmente sae u*emu aM imptwemeata bevy with the boursdertet of roperly• lei back horn propeny Imes At dietanus uedaceted, and that the dutanct from Me �•.','.! : "e. It Nneraestins rtnet,rue toed,is as shown tea said plat. �.ii tI ARF' 40 FNCROA('NMh.NTS, ('ONI L1(TS, OR PROTRUSIONS '1,•f,s^,� n y. 2QQ r _. This tonsil .0 performed M wtne taon t,n6 the Irene Z ecttetn descnbd M GP No Li�if Q hL�Y 13 19 8 3 nr _._C.:)1ITHi1JESI __. Title Company USh OF THIS SURVEY POR ANY Registered public Sun.yor 117?? OTHER R:RFQSF OR IV OTHER PARTIES SHALL 3510 Marvin 0. love MI AI THh1R RISK AND CNUVASH:NLU IS NOT OMIIaIS,Texas 75114 R ismSSIMLF meanies FOR ANY LOSS RESULT sn I11Q.6.0 P Ito; THI:RIrRom - 371.0654 !. i it_ ...._te j ' / RUSTIC 1 .. .,1.. a - ,ae - •• t 11•i ,T - • k+. :a:. ,. z-i. '� ? • y�. •• II- t ''/�H1V Py,'o•� •. ` •. • ;) RpfR90N '� • ', �1 N . r o • i .� TRACT NO.1 » .. .•,p� °. ..s...6 , . R ` .• /II -1 I t. A-gas i' .% •a. C •.• V! - "•- .• Nt' ( a' ' • •• • �[j( • •ar..4 ;1. MARBLE Sl. :s. , ••x.+ u' as i ) ', ;T^ • aa� a 2 • * a {j a »' 1 • ••, • , • -»:H If at a, t• N.N n N . •M4: r , 1 • �7 rq • ..• •w• ' OAK ST ..' ,_,, r • r� • • • • • 3) /, •-- 4 tl•.1• •. •.1 r • •. re •_■ •• ra O 1 • ~• -scY S, .•/ -� ; - ....1 - 1:::.; • , I .• W, , �• r .•., : .•- ,y A C• Ur t� •••••y Rs tt- t.. M. N N ,► • .• 0 t , .1,.r •-'L:..l� , , I)' 4' ... . i • r ,i„,:.. ®b _.a,, ..� i)rtT-- Cy t 1 •jr...1..1 0 T a S :----:i _ , • To II )L(N,NG • S1 • „•,• `, 1 a•2•• • r—�^ I. , :I..i• I 2i 1,Tom! aA 02 it,. ) • • J2 •o t • p, -/ • V.t I Kt OJS .) • T. I. S w R A •-•2C I — -" W12 •�... . - 751 .t. •• t .° .• •'' •) 7 ? .• ,0 ) - • M. I%I 11 ••l.• •.! •' . 1 . '.•� ' •Ice---. COoPfRpPIvE / :• %' aI.-• . l':- • •r ao .'ter 1 0. _•�u /" • 0 101'' , 1 • . • • • ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion hat the aid change of zoning which is on application of L/?? _�,� 1I17F- should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: 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 district classification to-wit: /3/ 4-c ftJ 7I2` - 7U,ZA' Said property being described as follows: • • SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION b. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinanFe shall take effect immediately from and after its passage, a's the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the y���� day of _ 2 24L 198 .s_. / JOHN W. AkIN, MAYOR ATTEST: Carolyn Jones, City Secretary _ A MATE v IN COLLIN COt.1NTV, TEXAS AND St ING TNC NORTHERN PORTION OF A CALLED 31 ACRE TRACT OF LAW) OUT JF rHt F.C. JAM VAIN SURVf V OF 320 AC►I. , ALS TRAt'T NO. M6, ANt) 6E ING I•t1RE PARTICULARLY DESCRIBED kt FOL LAos I COMMENCING AT THE SOUTHEAST CORNER OF THt CALLED 31 ACRE TRACT; THENCE NORTH 3 DEGREES 22 ?.IINtirEs 52 SECONDS CAST, A DISTANCE OF 977.03 FEET TO THE PLACE 01. BE GINNING; THENCE SOUTH 88 DEGREES 10 MINUTES 38 SECONDS uts T, ALONG THE NORTH LINE OF THE ST. LOUIS AND St)UTHi0ESTt ►;v ;Z•1I L1:0.10 A PIST.WCE OF 770. 89 FEET TO A POINT; THENCE NORTH 3 DEGREES 22 MINUTES 52 SHONDS LAST, 960. 58 FEET TO A POINT; THENCE SOUTH 89 OEGRES J7 MINUTES 03 SECONDS EAST, ALONG A FENCE LINE, 768.90 FEET TO A POINT; PILNCE SOUTH 3 DEGREES 22 MINUTES 52 SECOND:: WESI, 933. 11 FEET TO THE: PLACE OF BEGINNING AND CONTAIN!.N(, 7'6 ,941 S/UA►: FEET OR 16. 6883 ACRES OF LAND. • tiuRVEYORS NOTE: THE LOCATION AND EXISTENCE OF THE 50' INGRESS AND EGRESS EASEMENT DEPICTED HEREON, LISHED t3Y ORAL DOCUMENTATION PROVIDED TO US BY VON KRAti4.R REAL ESTATE COMPANY AND HAS NOT BEEN VERIFIED BY COLLI.N COUNTY VOCut.IENTATIO,N. THIS PLAT IS SUBJECT TO ANY AND ALE. APPLICABLE EASEMENTS. THE STATE OF TEXAS: COUNTY OF COLLIN: • Before me, the u e si ne Notary Public on this day personally appeared - --- known to me to be the person whos name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: ---.- Given a der my-" hand' nd.41 'of-oi`+'i ce this the d of 1 198 _ �� - a y Notary Public, Colli County, Texas o " 4e * ' 7, notary Public,State of rags 1,:7 Cammtssi/J/faplres • ,11t PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: • Nom comes Ply- r `6uSSSA of the County of U kttk) and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is -acting for all of the owners or partnerships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie, in Collin County, texas, and described as follows: • • • • • • PETITION FOR ZONING CONT'D. PAGE 2 • 611 Said mAuL 0L.4Stk represents that he and all �other owners desire ee zoning to be changed from Lir/NED Ugl r__ to in accordance with the current Zoning Ordinance and making said zoning subject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning. ' Your petitioner, therefore, respectfull prays that the land above described bne zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness e ha d of this petitioner this the I ` day of __lake. Signature I Mk I l 0 ctiS 18 Please Print Name -1�S 1--LA\ -- 4- _• Street a:tress or Box No. COILS, 101-41)A.__Zra03___ City Texas Zip (z?iL _ L•31 ."-- I6101 Telephone c1 BEING a tract o: land situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being part of that 14 acre tract of land conveyed to Wylie Independent School District, as recorded in Volume 333, Page 579, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point on the north line of Kirby Street said' point being the Southeast corner of the Dairy Queen, a 1/2 inch iron stake . found:for corner; THENCE, N. 0 deg. 46 min. 48 sec. E. , along the east line of the Dairy Queen, a distance of 135.00 feet to a 1/2 inch iron stake found for corner; '.THENCE,- East, 184.68 feet- to a- 1/2 inch iron stake found for corner; • THENCE, N. 51 deg. 45 min. E. , a distance of 341 .57 feet to a 1/2 inch iron stake found for corner; THENCE, S. 88 deg. 56 min. 02 sec. E. , a distance of 118.88 feet to a 1/2 inch iron stake found for corner; THENCE, S. 4 deg. 20 min. 06 sec. W. , a distance of 362.68 feet to point on the north line of Kirby Street, a 1/2 inch iron stake set for corner; THENCE, N. 88 deg. 10 min. 30 sec. W. , along the north line of Kirby Street a distance of 546.48 feet to the PLACE OF BEGINNING and CONTAINING 3.006 acres of land. BEING a tract of land situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas and being part of that 14 acre tract of land conveyed to Wylie Independent School District, as recorded in Volume 333, •Page 579, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING, at a point on the Southeast line of State Highway No. 78, said point being South 51 deg. 45 min. West, a distance of 436.00 feet from the point of Intersection of the Southeast line of State Highway No. 78, with the West line of Williams Street, a 1/2 inch iron stake found for corner, THENCE South 88 deg. 30 min. 51 sec. East , leaving the said Southeast line of State Highway No. 78, a distance of 155.33 feet to a 1/2 inch iron stake found for corner; THENCE, South 4 deg. 20 min. 06 sec. West, a distance of 264.32 feet to a 1/2 inch iron stake found for corner; THENCE, North •88 deg. 56 min. 02 sec. West, a distance of 118.88 feet to a 1/2 inch iron stake set for corner; THENCE, South 51 deg. 45 min. West, a distance of 341 .57 feet to a 1/2 inch iron stake set for corner; THENCE West, .a distance of 184.68 feet to a 1/2 inch iron stake set for corner THENCE, North 0 deg. 46 min. 48 sec. East, a distance of 134.20 feet to a point on the Southeast line of State Highway No. 78 a 1/2 inch iron stake found for corner. THENCE, North 51 deg. 45 min. East, along the said Southeast line of State Highway No. 78, a distance of 553.48 feet to the PLACE OF BEGINNING and CONTAINING 3.362 acres of land. BEING a tract o; land situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being part of that 14 acre tract of land conveyed to Wylie Independent School District, as recorded in Volume 333, Page 579, Deed Records, Collin County, Texas, and being more particularly' described as follows: BEGINNING at a point on the north line of Kirby Street said point being the Southeast corner of the Dairy Queen, a 1/2 inch iron stake . found'for corner; THENCE, N. 0 deg. 46 min. 48 sec. E. , along the east line of the Dairy Queen, a distance of 135.00 feet to a. 1/2 inch iron stake found for corner; ' THENCE, East, 184.68 feet to a 1/2 inch iron stake found for corner; • • ,THENCE, N. 51 deg. 45 min. E. , a distance of 341 .57 feet to a 1/2 inch iron stake found for corner; THENCE, S. 88 deg. 56 min. 02 sec. E. , a distance of 118.88 feet to a 1/2 inch iron stake found for corner; THENCE, S. 4 deg. 20 min. 06 sec. W. , a distance of 362.68 feet to point on the north line of Kirby Street , a 1/2 inch iron stake set for corner; THENCE, N. 88 deg. 10 min. 30 sec. W. , along the north line of Kirby Street a distance of 546.48 feet to the PLACE OP BEGINNING and CONTAINING 3.006 acres of land. BEING a tract of land situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas and being part of that • 14 acre tract of land conveyed to Wylie Independent School District, as recorded in Volume 333, Page 579, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING, at a point on the Southeast line of State Highway No. 78, said point being South 51 deg. 45 min. West, a distance of 436.00 feet from the point of Intersection of the Southeast line of State Highway No. 78, with the West line of Williams Street, a 1/2 inch iron stake found for corner, THENCE South 88 deg. 30 min. 51 sec. East, leaving the said Southeast line of State Highway No. 78, a distance of 155.33 feet to a 1/2 inch iron stake found for corner; THENCE, South 4 deg. 20 min. 06 sec. West, a distance of 264.32 feet to a 1/2 inch iron stake found for corner; THENCE, North,.88 deg. 56 min. 02 sec. West, a distance of 118.88 feet to a 1/2 inch iron stake set for corner; THENCE, South 51 deg. 45 min. West, a distance of 341 .57 feet to a 1/2 inch iron stake set for corner; THENCE West, a distance of 184.68' feet to a 1/2 inch iron stake set for corner THENCE, North 0 deg. 46 min. 48 sec. East, a distance of 134.20 feet to a point on the Southeast line of State Highway No. 78 a 1/2 inch iron stake found for corner. THENCE, North 51 deg. 45 min. East, along the said Southeast line of State Highway No. 78, a distance of 553.48 feet to the PLACE OF BEGINNING and CONTAINING 3.362 acres of land. FIEYtNo 9 ST. w• •.rnew / •T I.• ' a n i A Sr t• II ; A'266 0913 + y(/ 8 ! r T IVW t 1 k 'T 1 •_ SA Sil • '',..%, . ;;.-, . E i , 14 • a �T W V *• +i .11 ^ CA�l�MAT` STSEETf ,a i I I . - . .., agisj mi.., r v Y y • . am . • .. ... . . . .1, :�T. 1. S. M. a. .___,..„__ •-•20 R • s.r.,„ ... , • oo.. all, T.;Si a l: IO 10" • 1 - O z is � N a •-2ea •� COOPER pRIVE i • #', ~liwiLL:mis S •o 0° i• iy� iN••• SIT. leyt +•®I 1 20 2• •t '• 'g E 2 I •' ii ©�'Q "i 2 •s0 ' o, 1 -mo A -oo• - o •�i• •I/• • A •. gig »*�8105•. W l;1r i•- - r. ION ^ S •, ©© •••. .a ®r q ... .o ,0 $ ac I 1 EMS AVE. 4' T b• v u Ta I iot. ., •c l - . • • • ,lei I ' u ll;w no n -r- !- ! ti 2 Foes'. it. ,se.is: i Is + y • }�• b' 1•+ ♦� • , N • RIA•T STREET,•Y "O ••• WEST TQEET 1 C10 '''.: 5 . A ,••w' �w,..-- WN ! rlr!t w www � a•bikr tiliFI � 4- St9 • tii/ 1 i •jI 't1 'r_ I ®BE p •••C • * .E.STONE STREETKM a ��_W I- • E•'o't.uK.•- A'z! .. xtrath . rim w Eilicrem°Orilicis . i • F.,: ...• V.. ran• J J t 7L� / f T • 12311 Co i® 7. i. •i7� A-2S e pie illitilice\\.A sir g, . EE ti a•o • t4 . la:INA Eriato 7 , .... + - 0,glorcHim.Dg---- co,.... ...!....-4:4.. e*,,,iiiguri ...., ...,..),..I_TAL- a IT , ,,.• ., • • a .. • :� _ ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of c72 `7�,��„�� should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: 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 district classification to-wit:��1nl Cl) Said property being described as follows: 5�� • SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 2.. That the above described property shall be used only in the manner and for the pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00> for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION b. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinanoQ shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE cuy COUNCIL OFT HE CITY OF WYLIE, TEXAS, this the ,�.{ day of g1 1985_. JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary • PETITION FOR ZONING THE STATE OF ,TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comps le0. le -rtet fee of the County of .G: i� and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract °finlCollin which County�,ltexas,the andCity described as the City of Wylie, follows: SLe /9_//i7cij .• PETITION FOR ZONING CONT'D. PAGE 2 Said ,,/ Ij represents that he and all other owners desire the in to be changed from 111 to ,F in accordance with the current Zoning Ordinance and making said zoning o f saiubject d Cicy to the appropriate laws, rules, and regulation relating to that classification of zoning. Your petitioner, therefore, respectful) prays that the land above described bne zoned by the said City of Wylie, Texas, as provided by Article 974(g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness he hand f this petitions, this the __Z- 7 /5i— day of _ 7ZO2 & , 198 �f_. Signature /r/ _Tellezz f Please Print Name Street address or Box No. City T xas Zip d / Telephone :tS THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersi a tart' Public on this day personally appeared , _4.e„ 1es_, known to me to be the person whos name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under y hand and seal of office this the%, y( day of _222 , 198:c. Notar P lic, Co n County, Texas f T' <O 1 :Aft' A'$2 A'1021 CO ot. •00' '•t•o•' f. M. NWT. NO. 3412 t l70.3•' :. .,,,-. ' ..' ... a . ,. .. ,a ry *Itro n p2 .1t• - • 41 • �.- Ir RU _" 1 /%2 a 2411 a lig ----- - der = 11*. -Ft. atto GASATI91 47 ..-...•••• ....'''' : • 41 a ZU,az.i.11, 4°8214 i 1 -s II$ A '4*All k.''kll . @ •t •. it u I 1 ' ME iI4i4 * • `f • to • , ST. •, RACT NO.I M1N /w 44 O. .� Rustic SillM� 3 3 ,i� • •, to s illin A-t{s � � �V y t•• A• R o ac4 liziot ifirMARBLEmat i+MI/ rn • ? 110. rt1.1: = 1tP S l 13 I4 # � M N4,... .s 1 t• 33 s'u• n •w w rt i >D a• J OAK ST. �X t mkt • p', .. 12. 4 r•w 03eQ0 P „II • �t{i� tin $S ts• es as. es. t1.;s'w 5 I? I0 w a o I.. •Ia t�� Q±- i T 1 i erli• I , —.•y L1.IOT A31R tY •.3..eo • i w ru•lu 1•. .� . 1. 1•.. ... 'Do �S I \ A••20 ® N is xry t w® Q A, T,• MING +i ST. • rN: s r •s II® 3 A ,��11 f . 3, 4.620 71• aJy '9"• 0 `' f 3 r C. I. • .40017.. „0 • 11.8 LT L. S. N. R. : ::, S 12 11 10 :, • COOPER DRIvE '' NA r 1 1• o .Dolt.00..' 3 • (t •„ 3D 3• 3C ?�• 3 •: 3 ; ,,? Lo n 'F � X• $ e {w l { �`�;�` /f•r_ t." • AIrLUArS n• •.volt. „, - Ilia I. ION �� • 8Q 10( 1 C. u 1 io1. 1 I 1.A i'A ., so• Y : • /1.% yr r• ► leN wwt O s•♦ y 44 34 ' ---...,1ir / ` ------/ � 0 / I I I I I I I I I I I I I . . ,, Al algi ummim A NM=A,,m•Mi a 1 a . ,N 1p .t• -_.--- _ _ iTII I I .._._. —•, /1pi1—•—• 20 SIN , - -_ L • ...._.• - GLE—FAI�dILY L'4.. L.__ Wc2-24, TS (60 X 125' MINIMUM ' J SF- ] 1JJ / 2J i'l • • _......,• aol, •.m.rar.r•.r.r...........r._.r.._._.r•._.r......r•.mr.�... UP X L ...., ,...., • CrU1 , .. �'•T, • • •`��'�.�■ �' 13 D PLEX LOTS (65' 123.J MINIMU ) ,..7. ? n _ ' • e":,. , . ,,,,,I.,•.,) tr.\\'e:• . ‘ 12.5 1 _ i 3.'I2.4 Acta at* I .. . : ‘.. ..( f , A..-II e.h ` �r• •,4•.--I-.4"••\ + • • .rr•a•�e_..�+sa..•6m••r�rrw�. .�7.rr�era..��fr ) 1:::::: .. �" 1 sk. ..'.'''ij "7 y l O tSs � . .. )1. . .: '11 \ •d5 •,x ♦ ::s Er:.tit.a 3S.ft V r i 1• hn i i it.` r V.;.Y'�' Cit .. r'is.r.> ' ' it.%. (1/4(e.tr._ r b?` p}A J'• +I 71 •� ', } (y & F.'f V l't { l' M•i t.'� ..,,,,.ja tM 1'.s • �` T� , 1bP� 4 •ter 4•j. rn,; .itt! V ��•'. t ,4' t,, + ' AY Yid rat •i �. 'iI•C gay t,:•;. . $` "en s�%� �" f i I 'ice. F'" _ .S srF mc.. t , r,,9,.""'u 2 2.0 3 9 C A R T M E SITE �.c� ' ` • r H • t : %..0. * / f ...1, k ,ii..,..:, ir . '4 •t•-••'.? e.: , 1,i j .L141! Jt:•' r UNI d. , ,l� •1• ' ., I"., ,t' ,.• , ;tf - ..a,• ci', CA tir �''•i •i1 j r' 'S • N. .... Cit.,. '• d _�...�"P •7 !V Y'`5µ1f.! `�{t• Ih 7� j NItt (,tt T..F •�.. ' - '"' us fYsY ,/ beJ .yam ? •l•• •'• x. •~ "r'� J VR l�.4 ,J•'b..l,:•1•. .'t .lam V• -� r'rI'..•7y�• }•�•M.f •ID. rl • rr3 �y� rn { t r 'I- t 1 �} +` i lc: ��� t • ,4 rlte }r •.. 'l J ; �3w -"' ., •9.i'•'. t'., '�• t ! + , HOUSING TYP •i,, aa , .�.`=lf, \ ^ f'e%,''\ - limit ... ^ • .J ' . i '_T + • lIlrr• lrr 7 - N✓ VI .tO •V► '0 SINGLE FAMILY •.. rrr-T�nr\I 11.Q• ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that Oe said 0.an9e f zoning which is on application of , .& -� QJB-r `4 /!___ should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: '. 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 district classification to-wit: ---C E) Said property being described as follows: SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the proposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fa the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the _ ,d _ day of __6110.4,4,6 I • JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary APPLICATION TO , Board of Adjustment and Appeals (Building) [ Board of Adjustment and Appeals (Zoning) If Planning and Zoning Commission NAME A/&, Y S ADDRESS 3roc.✓N LOT • BLOCK A erg-; At/la-A. SUBDIVISION /Pi,cry r stab? �o BASIS OF APPLICATION: O " I Interpretation Special exception for use or development IVariance Rezoning (—j Exception to Building Code EXPLANATION: Des ,r-t 715 f/4 t /clod.% Tr ne re" 0i6(14. c.,1) //.1) R 40,.4.; S.;?1•/1-- OA" • 1-1- Te.,.1por K J.itci t .��ioC` ti � Sloe-f--; L , , 11 va.L I)e✓ tT• SIGNITURE of APPLICANT DATE0.0 • d Must be accompanied by .filing. fee 'of; $ iv p 0) °hi 5' 3 �zY. I 4. A-lt0 . .to . a o 111 1to IC A-1021 `•t• • !0 II l;:V. :1• ✓� ' t• Y M of A! •,•1(. •`ff ;gyp • t[1P�•to © I • . .zo R ,.f K. O a I .. t 1 r•rf , -----•- E M. NwY. NO. 3419 r r•, + 41110. PO i 8 •:,- • : Ilk • ri ;. :. rA 6 r• r „ (0"- II:11 ICC : la » ter• 'rc S. • :SROWN STREE "-�u" A• :••• - la •1 •a • •p ... 9 • ..a 3 w Ir 1 A • • ri t • r z t •_ MC .. - Km ER N __.- ,_-. . . , . . J _ / t� 1 , • tt r M N O •114310V 1411103 11311 9, 111:11 ' -- ----.....1.• -- ildaal • Cifig . ;Col& 9- i. c . E 4521 ,,,.. ,•it I* Aft.: 4 0 4: IL • ." ica , NNW Ir i 1%4,AN:41&, R °JErcERSON t STREET t....»'' A. Ait0.4 •- .- 1 . . Attlat014 3z= n b IIIIIIII:an nut,,,,v ,r ts r` N ��p��N�' _ 1 zIMMO !sia .. :iLm.- • t miff iseit, itt, we , , .• s • alla 3ilb4� „ , „ mum • , EN Ng= I • :Cn !tt • X IttfitirACL.RUnM # 4� SIM0110111 R 1 • :MARRIE iniiiR larOLIIIgi STREET •, » tx NO .1 ��a Am MARBLE 1 la W & oAK 0 b**. rE Ir4n113 . 0 s t jr70-=AV"it sf,4:aVr- 6- -.AIMMIM4fittl*" -,.. .4 ‘444. 5 ' ' . Mi 3 •..?: • x i low MOM • • MI ff. • 9 ZI:'; ., . , at WIE • . x Mal �'•!A r IN �+:� a SIRE r rf_ � �tittitt OAK ST. W 4' ro 0'1 - • • err ae•ar« INg .._.• 10 1a1111E OP T •f o fur •�iJ Q � •�• t• tr�Nr t•. N n. ltl tl.,to A t sr N M / •I• •f�• Ell M " �, f l • 1 . i. se. I= Inc a wM •� r „ � 1. I IP f/V a • ELLIOT ST Ell 1j, ' Y r!1 _ _ ELLIOT S STK E'Y ,Y //-j i . _ 1 _ �,_•r. + yM A S T E R S } _ / •• •. •. •: r•I• .I•I p j M• t• 1,. Nw 21 {�7 1120 r N • ,]• Y r' W- !// Cr'111' 1 1 1 _ to T tin ®_ �{ dig 10 i o-OtO ) / 01• bT •• r•f• it • UN DPI *try- IH 9 i r. 1T1 fir' A 31o. rr 1 p Ile li _ ® me _ z o PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comes A%%1 '49 /t .1446UCCA _L _ of the County of and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie, in Collin County, texas, and described as follows: aeQ XXHiulrr "A" BEING a tract of land in the FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, situated in Collin County, Texas , and also being a part of that certain 186 . 10 acre tract of land conveyed to Arapaho East, Inc . by W. J. Beckham by deed recorded in Volume 1032 , Page 225 , of the Deed Records of Collin County, Texas , and being more partic- ularly described as follows : BEGINNING at a point on the South °right-of-way 'line of State Highway No. 78 and the North line of said 186 . 10 acre tract, said point being 180. 0 feet East from the most Northerly Northwest corner of ', 'said 186 . 10 acre tract; and being the Northeast corner of a 2 . 0636 • acre tract conveyed to Ben H. Garrett and James A. Wilson by' Warranty Deed recorded in Volume 1495'- , Page 774_ of the Land Records of . Collin County, Texas . THENCE East along said South right-of-way line of State Highway No. 78, 360 . 0 feet; THENCE South, 500. 0 feet; ' THENCE West, 360. 0 feet to the Southeast corner of said 2. 0636 acre tract; THENCE North along the East line of said 2. 0636 acre tract, 500 . 0 feet to the Place of Beginning, and containing 4 . 1322 acres of land. • • SAVE AND EXCEPT, and there is hereby reserved unto Grantors, their heirs, successors and assigns all oil, gab,' and other minerals in and under and that may be produced from the above described property, together with the right of ingress and egress at a].l times for the purpose of mining, drilling , exploring, operating and developing slid lands for oil , gas and other minerals and removing the same i. . : therefrom. • • • • ' , ' • • • • • •,'11 t� L.'r .v,Il . 'I I • 1 A Ill • 1' , J I I : I {i:.* i `1 q j '1' 1i , 1 '.1". 7' I ,,l,, ; + L¢i sae I 1 ;F • . . .• : * :•,t ,.,I.Ii•.,)'i..,:II It.N,-i.', ; '.j4'rIi,'i',*t'. fiN.•'. . t.•t',t,F'•• i T•1 l:iir .1 •'7 F'• r �i; 1 lid ' i r ,ti{i -� . ., 1•• 1- i P ill '11" , (tt, 1 11 4[ t r. , ntt. a ,. M .,r r a Ifi' .i 2:JAW • 1 ' `i-! I ..„,,,,,,, ,,..........,-. 4 .,. , 400 r, 1s:• cepLiincc: :)t this conveyance, the Grantees herein, their • ,.... J, .tssiyns , successors, executors and administrators agree to be bound by the following restrictions in the use of the property herein conveyed, to-wit : 1) All structures shall be set hack a minimum of Seventy-Five (75) feet from Highway Ho. 78 and a minimum of Fifty (50) feet from Kreymer Lane. I ,?'::� ;'2.)• Np noxious or offensive trade or activity shall be carried on .•I ! " . `upon any lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood . • 3) No lot shall. be used for a wrecking yard. . 4 ) No lot shall be used for raising livestock. ,t 5) All lot owners must comply with local and state septic tank regulations and obtain proper permits when constructing a structure: 6 ) No mobile home will be used for residence. i._4 l►'))1' • • • 1: • • • 1 .• •• • • i I • _ it ! i' I' i i • t f.•�17 • • ! . 's .I .r:I. :11;1 II"'V • i ' • ), ' • ' ! . - • .114111 1' lir. :‘',Ii .,:t ;,.• 46 : . ; ::,..:. . . i . I , : .,,,, .,-, ,,.„,;i. :,. _ ,,i i . ,, , 0.. 1..4 A '•• +J {P t 1 �1 I t �' ! i. i. t• ! .1.• .X. i. ti il !�. � 1 1 '1 fit. : t ' '1"'' 'fit tl`' ' (y�'� ) i:���, �'�� axe.,. . • ; WO I:r -; 4,,,..t.,.4 , ,:, 3tf, E,1,, . 1 • t.i r. ..a . l.W ii • , .0• t ' •ii4.t..i..• r it /., -- I ' tI iI ,��T f ^ ,. f i' i . OttY . '., •4. I. PETITION FOR ZONING CONT'D. PAGE 2 Said 4;MtY/ . 44 j7:a represents that he and all other owners desire t e zoning to be changed from _a¢&tL to L'AXI/��[.5.,1__0Z____ i n accordance with the current Zoning Ordinance and making said zoning subject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning. Your petitioner, therefore, respectfull prays that the land above described bne zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the o2 O Z& day of __ CC 4- , 198 __. q,„„..r._„.4!, a. A-2- ___-„<„, ---- ignature dM.r_i A . MAR d7 Please Print Name _2(,.s C1Ass /Nv Drz Street address or Box No. DkZI-°9 -- s �xa/e City Texas Zip 621/4)-4 Vir- F'd. /7 Telephone • THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the and rsigned Notary Public on this day personally appeared /y1,1g2 4,11[,q ___, known to me to be • the person whos name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under y hand and seal of office this the _.. g day of , 198 74— a ..x..z.vc74 Notary Public, Collin County, Texas / r [ ' 3 . . • •.' lk' 16' 13-' S•C• -, L.• (13's ••• 4*.t. III 11°111011°111111111 • ,• • CITY LIMITS STATE HWY is _.—. ,1 i ....m...... .r .. .m.....m......,, ,.. .,.. ..... 01111111111111111111111111k ? . . .... •.. . . :. . .. ,2,16!.. : „ 1., „..___,_1 ,.... xi - •1 to tr la or• 4• 4 .14• IS It• II '41 • 4 ' 112 .65'. . 4" 5"' 7, 7 , t. .:• 6 • 65 18 :; •a it 11 . 117. 11 1 . 4 5 t I) .....--- .._ el 2 t? '.. 2 IS IS• Si 4, .4 20.;ill•St n 14 4 CO -- rs I air. • i • 1 ! I • 1 ' /11 Isr tr."7,j7E0. r SI "1 III; I?: 4 111 • 14...1.323.4 11 r„.,so r • a r - • • 3 ,_,..-..- 5 00' 275' 1 I .0' *0' '# :•..' i2 i'r 6, 1? III SS 14 11'55.., ;.• t., t..,111; le• /11 St ts•a* rr ts to,so. im ?? 15 3 :.9' SS 4' ' 75' 4.5 7 5 M. iv N-iF------N--=-----..„ • Cr' SS ' 65 • • 0 4 II 1 4 1 E a ....- -333 ; " • "ill NI' 11 1 XI X 10 II ;; • 7'. 4 ' 3 • • '' I ' t' .:!: .7• tli.____21_ , NI I II/;.SO..et tI 13 14,i MI. 11,,S?.:MI, 1311,r PO..4. r5 T . 4It '.' ' , • 'i 1 1 - t - ; os al 5 * : 4 '1 7.„' ' ' - i 212 I i es 1 so so ea es, 54 118 14 1 ar art sr so .__. _ _,___./_____1" 4_44 _1 1 ; _L _.71 i 1... 1 .1_,-- L .., :....__....____r__•. iv -- 4 It I S• • 1 ; : •, !.1 i it I . _. . !i? ....3 .rE. __ ._. . ( o ,t i - •20. Maii.allanninsimimin -...-____.____ _ ....._. • ff Z. a, ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that th said change of zoning which is on application of . f2_ _.7 iteS,e&et should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: It 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 district classification to-wit: --- 21/,511'gss Said property being described as follows: • SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional And shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the __, .11__ day of ad 198 _. JOHN W. AK'IN, MAYOR ATTEST: Carolyn Jones, City Secretary ' - ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that th id change of zoning which is on application of _ �����`_ U_0_/2 should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: 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 district classification to-wit: - &J .� Said property being deAfibed as follows: // ' SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION'. That the above described property shall be used only in the manner and for the proposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or i nvl ai d, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION C. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION £ . It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY TY OF WYL I E, TEXAS, this the _— lev4/__ day of 40 �� 198 _. JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary G �, 1 ORDINANCE NO. AN ORDINANCE CREATING SPECIAL LIFT STATION DISTRICTS ; ESTABLISHING GENERAL PROVISIONS; ESTABLISHING BOUNDARY LINES ; ESTABLISHING FEES; AND SETTING GUIDELINES FOR THE USE OF THOSE FUNDS; ESTABLISHING GUIDELINES FOR THE CONSTRUCTION AND OPERATION OF LIFT STATIONS; ESTABLISHING PROCEDURES FOR THE INITIAL COLLECTION OF FEES AND SUBSEQUENT COLLECTION OF FEES ; PROVIDING FOR DEVELOPMENT STANDARDS; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE PUBLICATION OF THE CAPTION; PROVIDING FOR SEVERABILITY AND THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS; SECTION 1 . GENERAL The City of Wylie is hereby empowered to establish , define and amend sanitary sewer lift station districts for the provision of sanitary sewage collection for the current city limits and future expansion within the city ' s extraterritorial jurisdiction . These lift station districts shall be provided when , in the opinion of the City Council , they are necessary in order to promote the health , safety and welfare of the citizens of Wylie and those people impacted by such decisions within Wylie ' s extraterritorial jurisdiction . These districts shall be established in such a fashion as to make maximum use of existing topographic drainage basins and to provide for a minimum number of eventual lift stations to serve the needs of the city and it ' s ETJ . Districts may be created encompassing land that lies both within the city limits and outside the city limits at the time the district is created . This is necessary in order to insure for proper future planning and maximum utilization. Fees that may be prescribed for a particular district will be collected at the time of development based upon the level of development . Subsequent fees may be charged if eventual development exceeds the initial paid for scope of development . Land area within the ETJ will be assumed to be part of a particular lift station district and fees from such areas shall be due at the time service and annexation is requested . All lift station districts shall be established , unless specifically noted in the creation of such districts , to be based upon a gravity flow system to the city ' s lift station . Developers and individuals desiring to connect to the system shall pay their established fee for the district in which their property is designated . The payment of this fee shall entitle the developer/individual to connect to the existing system at an anticipated flow determined by the development and the payment of the fee . The monies thus collected shall go to the construction , placement , engineering and general provision of the lift station facility and it ' s necessary appurtenances . The developer/individual may , in' addition , be required to extend a connecting line between his property and the available connection point . Such extension shall be at his own expense and separate from the collection of the lift station fee or any other fee . In addition , some developer/individual may be required to pay the cost of continuing through their property a general collection line for the purposes of routing the sewage to the lift station complex . The city shall keep accurate records of all monies collected and expended for each lift station district . Such monies shall be audited annually as part of the city ' s regular audit procedure . The city may use money collected from one district to start , upgrade or complete the lift station in another district in order to respond to a changing development pattern . In such case , 2 . those monies shall be returned to the original lift station district account upon collection as a result of ultimate development . SECTION 2 — RUSH CREEK LIFT STATION DISTRICT NO. 1 A . There is hereby created a special district for the purposes of providing sanitary sewage facilities and the construction of a lift station . This district shall be known and referred to as the "Rush Creek Lift Station District No . 1" . B. The boundaries of the Rush Creek Lift Station District No . 1 are established as follows : Beginning at the intersection of Akin Lane and Stone Road proceed easterly to the intersection of Kreymer Lane ; Then proceed northerly along Kreymer Lane past State Highway 78 along an imaginary line extended due north of the intersection of Kreymer Lane and State Highway 78 to a point where that line intersects the existing Santa Fe Railroad right of way and rail line ; Thence from that point westerly along the Santa Fe Railroad line to the intersection of Eubanks and county road 383 ; Then continue westerly along 383 to the intersection of 383 and Paul Wilson Road ; From that point due south and along the western property boundaries of the North Texas Municipal Water District to a point intersecting the NTMWD property line and Brown Street ; From that point proceed due east along Brown Street across State Highway 78 to the eastern boundary of the Oaks Subdivision ; From that point , due south to the intersection of Rush Creek ; Thence along Rush Creek in a southwesterly direction to the intersection of Akin Lane ; Thence due south along Akin Lane to the point of beginning at Akin Lane and Stone Road an area of approximately seven hundred (700) acres , all of which is included in the Rush Creek Lift Station District No . l . Borders of the above described district may be amended in order to facilitate the extension of services or to exclude service vo a particular parcel of property contained within the above mentioned area . Such additions or deletions may be accomplished by amending the boundary line or by specific notation as to the property or properties added or deleted . 1 . Additions to original district . a . None 2 . Deletions to original district . a . None C. FEE FOR DISTRICT 3 The estimated cost of providing a lift station for the Rush Creek Lift Station District No . 1 is $300 , 000 . 00 . This estimate is based on 1984 dollars and therefore , the city will retain any interest earned or overages collected in order to defray any cost of inflation . This estimated cost divided by the anticipated normal density of four (4) units per acre results in a per unit fee at the time of connection of $110 . 00 per dwelling unit . Subsequent development after initial connection will be required to pay additional fees relative to increased usage . Commercial users will be charged equivalent dwelling unit fees based on an anticipated generation or subsequent production of two hundred thirty (230) gallons of sewage per day average . This calculation shall be made in the same manner as outlined in the City of Wylie Impact Fee ordinance and shall use the same tables and schedules for computation . SECTION 3 — PENALTY Any person , firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation , shall be subject to a fine of not less than $1 .00 nor more than $200 .00. SECTION 4 — SEVERABILITY All ordinances 'or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance . All other parts of such ordinances are not repealed . It is hereby declared to be the intention of the City Council that the sections , paragraphs , sentences , clauses and phrases of this ordinance are severable and if any phrase , clause , sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction , such unconstitutionality or invalidity shall not affect any other remaining phrase , clause , sentence , paragraph or section of this ordinance ; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . SECTION 5 — EFFECTIVE DATE This ordinance shall become effective upon its publication in a newspaper of general circulation . PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS , THIS THE DAY OF 1985 . John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary ATTACHMENT "A" STATE OF TEXAS * COUNTY OF ROCKWALL * CITY / COUNTY AGREEMENT WHEREAS, the City of Wylie, hereinafter called "City", and the County of Rockwall , Texas, hereinafter called "County" , want to enter into an agreement for the "City" to furnish fire protection for those citizens of the "County" who reside in the non-contiguous portion or northwest corner of the "County". That portion of the "County" to be served by the "City" is bounded on the east by Lake Ray Hubbard; bounded to the west by the "County/Dallas County line; bounded to the south by Liberty Grove Road and the "County/Dallas County line; and bounded to the north by the "County"/Collin County line (Attachment 1 ) ; and WHEREAS, Article 4413 (32c) , Vernon's Annotated Civil Statutes, provides auth- orization for local governments to enter into contracts; NOW THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by the "City" and "County" upon and for the mutual consideration stated herein; WITNESSTH: For each dispatch of "City" fire equipment to any location within that portion of the "County" so described, from the date of this agreement through December 31, 1985, the "County" will pay, upon receipt of billing, the sum of seventy-five dollars, (75.00). WHEREAS, the "City" executed this Agreement pursuant to duly authorized resolution/minutes , , the "County" (Number) (Date) executed this Agreement pursuant to Rockwall County Commissioners' Court Order No. , on this 22nd day of April , 1985. CITY OF WYLIE By: Gus Pappas City Manager COUNTY OF ROCKWALL By: Harold Crawford County Judge Co � • 7.• •, _ • • • • •i.••• • 1, • j '; CwA a `.. b.t ME..'•..;a st.'.S t x ,r 1 f .....LC :!:" L . • ' O/'.\ ► .4. ..'-► ... " • : • ''r ••n 111 w•�!y:;tiK?••Yi f, i.•'•' tr,•:, : :t •.-- • Y .,. t S" n >•✓x1 a `I`RpS� Z!.,• . + ,Lt'fi'; r h:wc•: 4. • t r w . (:•?h. 1 ?• '. .''•"? tr 4 7'•?'fi.Ni•3":.. d.a. ?1 • f I t 4 Mr I ti :"•:•7' ... fy S r `. 1 � l ji • AI i 1 :Y Y• 1 11_• • � J Syr ' , .r '� ' '` � �.\'4.;' • f- r<,•, ,, al • • 6 ',. •�,i�;`9, :` S t r ti I t a 3 tr' �t l l tF f. - '• .. /•t •'o:% • • f.�4 a1. f •gr 1 aa..• I,I R,( r ` yY�'yf✓ate;•. i•70?„ -`Y Sir ,.''` j `•(+: `1 rirr g ��y.}F ♦ 1C3rYf e t aF �- 'Y $ l: • •1,k . 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' . .• . ... • / . . . • • • • .. • ._.._. -_._ :...j .._ :�! .rl�;33y, Via..-,,.._...__,•__ April 23 , 1985 TO WHOM IT MAY CONCERN : This letter shall certify that in exchange for granting of dedication of 1 .0401 acres out of the Aaron West Survey , Abstract No . 979 and the necessary easements to facilitate the installation of a major lift station to serve the City of Wylie , the City grants to Mr. G. S . Richards a credit of sixty—six (66) lot units at $110.00 each toward the payment of special assessment fees for sanitary sewer connections , in addition to the exchange of $10 .00 cash in United States currency . This credit is transferrable to any future owner of the 48 . 35 acre tract of land from which this parcel was taken. These credits may be used for individual connections or for development purposes . This dedication of property was accepted at an open public meeting of the City Council of the City of Wylie on April 23 , 1985 in Council Chambers of the City of Wylie . Also at that meeting , the Council , took formal action granting the aforementioned credits in exchange for said property dedication . John W. Akin , Mayor Gus H .Pappas , City Manager ATTEST: Carolyn Jones , City Secretary CJ ry • 'i • • • *% I /e CITY OF WYIrI3ED 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • • TO WHOM IT MAY CONCERN This letter shall certify that in exchange for granting of dedication of .3906 acres out of the E. C. Davidson Survey , Abstract 266 , and the necessary easements to facilitate the installation of a major lift station to serve the city of Wylie , the city grants to Mr . and Mrs . R. V. Groves a credit of sixty-six (66) lot units at $110.00 each toward the payment of special assessment fees for sanitary sewer connections , in addition to the exchange of $10.00 cash in United States currency. This credit is transferrable to any future owner of the 88. 9 acre tract of land from which this parcel was taken . These credits may be used for individual connections or for development purposes . This dedication of property was accepted at an open public meeting of the city council of the city of Wylie on September 11 , 1984 in council chambers of the city of Wylie . Also at that meeting , the council , took formal action granting the aforementioned credits in exchange for said property dedication. Gus H. Pappas , City Manager John W. Akin , Mayor ATTEST : Carolyn Jones , City Secretary