11-06-1986 (Planning & Zoning) Agenda Packet AGENDA SUMMARY
PLANNING & ZONING COMMISSION
THURSDAY, NOVEMBER 6 , 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION OF 256.993 ACRES
ON WEST SIDE OF CITY - This annexation is made up of several
different tracts along W. FM544 and north of that area. It
includes property adjacent to what has been known to us as
the Ben Young property and several small individual tracts
that front on W. FM544 , across from the Steel Industrial
Park. This annexation has been initiated by the City. A
letter has been mailed to each of the property owners
notifying them of the City' s intention. The letter included
dates of the public hearings to be held, a copy of the
Abstract in which the property is located, a list of the
services the City pledges to provide and a blank voluntary
annexation petition and a blank zoning petition. These
petitions have been included because the letter allows the
owners ten (10) days in which - to respond with a voluntary
request should they desire. The law does not require these
notifications steps be taken; however , the City' s policy is
to notify the property owner and allow them an opportunity
to respond and/or to ask questions .
ITEM NO. 3 - PUBLIC HEARING ON ANNEXATION OF 140 .58 ACRES ON
FM 1378 - This annexation is made up of two separate tracts
that lie on the west side of FM 1378 and on the north side
of Lake Ranch Road. This is another City initiated
annexation. The same steps were followed here as described
in Item No. 2 .
ITEM NO. 4 - PUBLIC HEARING ON ANNEXATION OF 50 ACRES IN THE
MUDDY CREEK AREA - This single tract lies in the Muddy Creek
area just below the tract known to us as the George Lewis
property, which became a part of the Louis Reece property.
The same steps have been followed for each of the City
initiated annexations included on your agenda this week.
ITEM NO. 5 - PUBLIC HEARING ON ANNEXATION OF 65.23 ACRES ON
S. BALLARD ST. - This annexation is made up of three tracts,
which adjoin West Wind Meadows and front on S. Ballard St.
ITEM NO. 6 - PUBLIC HEARING ON ANNEXATION OF 279.028 ACRES
ON E. BROWN ST. - This annexation is made up of several
tracts along the south side of E. Brown St . and one tract
adjoining Rush Creek II .
ITEM NO. 7 - PUBLIC HEARING ON ANNEXATION OF 620 .028 ACRES
NORTH OF E. SH78 - This annexation is made up of several
tracts that lie north of E. SH78 and east of the large tract
of which the City Hall property was once a part. These
tracts lie primarily north of the St . Louis & Southwestern
railroad r .o.w. and adjoin the Federal property annexed into
the City during the past year or so.
ITEM NO. 8 - RECOMMENDATION ON ORDINANCE REGULATING PRIVATE
CLUBS IN THE CITY - This ordinance, as presented to you, is
a result of the workshop you conducted on October 16 , 1986 .
We feel the items you requested have been included and thus
the staff recommends approval .
ITEM NO. 9 - PRELIMINARY PLAT FOR 20 .08 ACRES OUT OF DALLAS
COUNTY ABSTRACT NO. 381 - This property is located within
the ETJ of the City of Wylie just Southeast of Wells Road .
This submittal represents a re-submittal of the preliminary
plat of the now " infamous Dottie Bateman Development" . This
preliminary plat has been cleaned up and does comform with
the subdivision requirements within our ETJ , the only thing
1
we may need to discuss is the provision of water and sewer
in this subdivision so that everyone is comfortable with the
approach they have in mind.
AGENDA
REGULAR MEET I N®
PLANNING & ZONING COMMISSION
CITY OF WYLIE, TEXAS
THURSDAY, NOVEMBER 6, 1986
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1-5 Consider approval of minutes.
2 6-10 Conduct PUBLIC HEARING on the
annexation of 256 .993 acres out of
the M. Sparks Survey, Collin County
Abstract 849 , located along and
north of W. FM544 .
3 11-14 Conduct PUBLIC HEARING on the
annexation of 140 .58 acres out of
the J . Mitchell Survey, Collin
County Abstract 589; and the Wm.
Patterson Survey, Collin County
Abstract 716, located adjacent to
and west of FM1378 .
4 15-17 Conduct PUBLIC HEARING on the
annexation of 50 acres out of the
R. D. Newman Survey, Collin County
Abstract 660, located in the south
section of the the City' s ETJ and
lies between SH78 and S. Ballard.
5 18-20 Conduct PUBLIC HEARING on the
annexation of 65.23 acres out of
the E. C. Davidson Survey, Collin
County Abstract 267 , located along
and west of S. Ballard adjacent to
West Wind Meadows.
6 21-24 Conduct PUBLIC HEARING on the
annexation of 279 .0574 acres out of
the Francisco de la Pina Survey,
Collin County Abstract 688 located
along and south of E. Brown St .
7 25-30 Conduct PUBLIC HEARING on the
annexation of 620.028 acres out of
the Francisco de la Pina Survey,
Collin County Abstract 688 , located
north of E. SH78 .
8 31-35 Consider recommendation on
ordinance amending Ordinance No.
85-23A regulating premises serving
alcoholic beverages.
9 36 Consider approval of Preliminary
Plat for 20.08 acres out of Dallas
County Abstract No. 382 commonly
know as Liberty Grove Estates ,
located Southeast of Wells Road
10 ADJOURN
MINUTES
PLANNING & ZONING COMMISSION
CALLED MEETING
TUESDAY, OCTOBER 7, 1986
the Planning and Zoning Commission for the Lity of Wylie,
Texas met in a Called Joint Meeting with the harks and
Recreation Board on October 7, 1986 in the Community kuom at
800 Thomas Street. A quorum was present and notice ut Lhe
meeting had been posted for the time and in the manner
required by law. Those present were: Chairman Kent Crane,
Vice-Chairman Brian Chaney, Fred Ouellette, Ken Mauk and
Bill Chapman. Ben Scholz was absent. Representing the city
staff was Gus H. Pappas, City Manager; Roy Faires, Code
Enforcement Officer; and Amanda Maples, Secretary.
The meeting was called to order at 7:20 F. M. by Vice-
Chairman Curtis Hale of the Parks and Recreation Board.
ITEM NO. 1 - CONDUCT WORKSHOP WITH PARKS & RECREATION BOARD
RELATIVE TO THE PARKS MASTER PLAN AND THE PARK DEDICATION
ORDINANCE - City Manager Gus H. Pappas opened the discussion
saying that in meeting with Mr. Don Witt , Superintendent of
the Wylie School District , the City and the School District
have been working to combine in long range planning whereas
the School District and the City would duplicate the use. of
land for the purpose of ball fields. The School District in
the past has had some concerns in this area because the
School District and the City do not always have the same
needs. One example of this is a fire station next to an
Elementary School . Mr. Witt feels that a fire truck is an
attractive nuisance to a small child. Also, an Elementary
School does not have the need for a large number of ball
fields therefore ball diamonds would serve the City
purposes more than those of the School District. the City
feels that through long range planning there would be enough
Middle Schools and High Schools in the future to satisfy the
need for ball fields. The City is working on plans for
several different configurations of playing fields that
would serve the City's purposes. We will present them to
the School District and as they decide what needs the school
has, they can see if one of our plans will meet their needs
as well . The City would participate in the purchase of the
land and the development of the field. The City would
install a restroom which it would maintain and would share
in the cost of a parking lot.
Mr. Pappas went on to say that he felt that a good line of
communication had been opened with the School District.
Through long range planning , school sites can be designated
in undeveloped areas and as developers want to subdivide
they can be urged to sell land to the Schools at a
reasonable price. In this way long range planning will
benefit both the City and the School District.
Mr. Don Witt , Superintendent at Schools, addressed the
members of the Planning & Zoning Commission and the harks
and Recreation Board saying that he had some very productive
meetings with Mr. Pappas concerning joint long range
planning between the School District and the City. through
joint efforts with WSA the District has been able to provide
our schools with nice gymnasiams and the School Board wants
to continue the practice. Upon visiting with Plano I
learned that the City can help the School District obtain
property from would be developers if the City knows of a
need for a school in that area. He went on to say that if
we would pattern ourselves after anyone Plano would be it.
In Plano, if the School District needs to purchase 12 acres
for a school , and the City needs to purchase 5 acres for a
ball field , they jointly purchase property such that the
City would purchase 7 acres and the School District would
purchase 10 acres. The City would put up a back stop on ii:.s
5 acres and the School District could use it , however they
maintain separate deeds to the property.
Several months ago the School Board hired a planner to help
us locate school sites. He located 4 school sites for us
and we have now obtained them. We plan to work with the
City on obtaining others. I know that the School Board
approves of this concept. We can cut expenses and benifit
both the City and the School District.
Mrs. Sewell asked if the City would be participating in the
newly obtained school sites.
Mr. Pappas said that these sites were purchased before
initiating this program but if the City can come up with
something small enough , maybe something could be worked out.
However, this program's benefit would come in the next group
of new school sites.
We have taken a map from the School District and moved some
prospective school sites to larger tracts of land because
dedications are more likely to come from large tracts than
small ones. If the School Board approves this, we will add
it to our land use plan map.
Mrs. Sewell asked if the Parks and Recreation Board should
consider the new school sites in their planning.
Mr. Pappas said that we would be guessing at this point but
when everything is worked out we could send some drawings to
the School Board and see if something could be worked out.
The School Board is planning for either 22 or 28 new schools
and there will be lots of opportunity for this program in
the future.
Chairman Kent Crane stated that. the Planning and Zoning
Commission is open to discussion from the School board on
zoning issues that would pertain to the schools. We would
like to invite representatives from the School hoard to come
to our meetings and give us some input. One example of a
question that we had was the re-zoning of 2F to PI) around
the Middle School .
Mayor Pro-Tem Joe Fulgham commented that he was impressed
with the planning of the School Board and their sharing them
with us. I am very impressed with Plano and would like us
to pattern ourselves after them. Plano utilizes their power
easements, all parks are along that easement they use it as
a parking lot and the ball fields are beside that . 1 would
like to see us incorporate something like that into our
plan.
Chairman Kent Crane said that this document would provide
seed money to get our Parks Department off to a good start
for the future.
Mr. Faires gave the Parks and Recreation Board a brief
explanation of the proposed ordinance and its legality in
the Supreme Court.
Chairman Kent Crane explained that under this ordinance when
money or land is dedicated for a park it must benefit the
people who will be using the park.
Mr. Faires said that is why a Park Master Plan is
incorporated into the Ordinance, to show that everything is
separate. Page 3 section 3c of the ordinance states that a
developer will either dedicate acreage or pay $225. 00 per
dwelling unit and page 4 says that we will spend that money
within 5 years.
Mrs. Sewell asked what we would do for money in 5 years when
that money is spent.
Mr. Pappas said that when we reached that point we would
begin to look at bond issues but this is a good starting
point.
Mrs. Chapman asked if this would apply to Home Owners
Associations.
Mr . Pappas said that this ordinance would probably do away
with HOA because the dedication would be required to be a
public dedication. The only reason someone might want a HUA
is for exclusivity.
Mrs. Sewell stated that all parks don 't require the same
equipment and she would hate to be forced to spend money in
5 years that is not needed.
Mr. Pappas explained that the money would be spent thru
design, and the parks would be designed to spend the money
at build out.
Mrs. Chapman asked Mr. Pappas if he had discussed this
ordinance with any developers.
Mr. Pappas replied that he had not. His comments were based
on previous experience. He also stated that the long term,
best interest of the City had to be kept in mind. Most
developers will feel that parks should be taken care of out
of the general fund and from bond issues.
Chairman Kent Crane said that the Planning and toning
Commission had discussed the issue of fairness. imposing an
expense on new commers that old residence would benitit
from. We talked about figures from $500. 00 per dwelling
unit and arrived at $225. 00 per dwelling unit. We felt that
in all fairness bond issues would require the rest of the
population to contribute for the parks.
Mr. Morgan said that the City of Allen was a good example of
a city that is not planning for their parks. ]hose people
have to go elsewhere to play sports.
Chairman Kent Crane said that on the Planning and Zoning
Commission we always try to look beyond today, into the
future and try to meet the needs of the City at build out.
Mrs. Sewell stated that the fact that we have growth and
that we are planning for it should say alot to developers in
Wylie.
Mr. Pappas said that this years budget had $22,500 alotted
for payment of bonds for improvements to the park that we
already have.
Chairman Kent Crane said that he didn 't want the general
fund to back off just because this ordinance would produce
another money source.
Mr. Pappas said that this ordinance protects that money and
the general fund would be used for things that the money
generated from this ordinance would not cover.
Fred Ouellette said that he found 2 typographical errors in
the ordinance: section 3A, the last sentence should read
"Non--Payment . " and section 8 should read "published one
time. "
Mr. Pappas said that school sites were taken out of section
4 of this ordinance and now, considering our plan with the
School Board, they should be put back in. Also the harks
and Recreation Board should be included in section 4.
Mr. Faires stated that we also needed to put back.. ) : IL! i.1 i&
ordinance that a government entity would be able to plir Lha e
land at the appraised value.
Chairman Kent Crane didn ' t feel that this would be fair. he
also wanted to check the previous minutes to see if LI uc per
acre price should be changed to per unit price.
This ended the discussion of the Park Land Dedication
Ordinance with the Parks and Recreation Board.
Kent Crane, Chairman
Planning & Zoning Commission
•
Respectfully Submitted:
_Z -4-"a•ireL__ZtZetak
Amanda Maples, Secretary
ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE
HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE,
TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS
TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE
CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF
SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES,
ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF
SAID ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, finds
that the hereinafter described territory is contiguous and
adjacent to the corporate limits of the City of Wylie; and
WHEREAS, the City has prepared a service plan for the area,
a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, after notice was duly given, public hearings on the
proposed annexation were held by the City Council all in
compliance with Article 970-A, Vernon' s Annotated Civil
Statutes of the State of Texas; and
WHEREAS, the City Council has concluded that such area
should be annexed into and made a part of the City of Wylie,
Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. That the following described territory be, and
the same is hereby, annexed into and made a part of the
corporate limits of the City of Wylie, Texas, and the same
shall hereafter be included within the territorial limits of
said City, and the inhabitants thereof shall hereafter be
entitled to all rights and privileges of other citizens of
the City, and shall be bound by the ordinances, acts,
resolutions and regulations of the City of Wylie, Texas .
Said territory hereby annexed being described as follows :
Tract 11 consisting of 94 .01 acres; and Tract 10
consisting of 41 .88 acres; and Tract 8-9 consisting of
28 .011 acres; and Tract 39 consisting of 3.5 acres; and
Tract 8 consisting of 1 acre; and Tract 40 consisting
of 4 .0 acres; and Tract 37 consisting of 1 .599 acres;
and Tract 9 consisting of 0.699 acres; and Tract 12
consisting of 44 .9 acres; and Tract 24 consisting of
15.5 acres; and Tract 25 consisting of 15 acres; and
Tract 41 consisting of 1.5 acres; and Tract 26
consisting of .57 acres; and Tract 27 consisting of .54
acres; and Tract 28 consisting of .54 acres; and Tract
29 consisting of .53 acres; and Tract 30 consisting of
.51 acres; and Tract 31 consisting of .52 acres; Tract
1 consisting of .50 acres; and Tract 32 consisting of
.50 acres; and Tract 33 consisting of .49 acres; and
Tract 23 consisting of .694 acres for a total of
256 .993 acres out of the M. Sparks Survey, Collin
County Abstract 849; together with all the railroad
right-of-way owned by the St. Louis & Southwestern
Railway Co. contained in the M. Sparks Survey, Collin
County Abstract 849 .
SECTION 2. It is the intention of the City to annex only
that territory which is legally subject to being annexed by
the City and should any portion of the above described
territory be not subject to legal annexation by the City of
Wylie, Texas, such fact shall not prevent the City from
annexing such portion of said territory which is subject to
legal annexation by the City of Wylie, Texas. Therefore, if
any provision or portion of the territory herein described
is held to be invalid by a court of competent jurisdiction ,
such provision or portion of land shall be deemed as
separate, distinct and independent and such holding shall
7
not affect the validity of the remaining provisions of this
ordinance or portions of land annexed by this ordinance.
SECTION 3. This ordinance shall take effect from and after
its passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas,
this the day of 19
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE
HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE,
TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS
TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE
CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF
SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES,
ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF
SAID ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, finds
that the hereinafter described territory is contiguous and
adjacent to the corporate limits of the City of Wylie; and
WHEREAS, the City has prepared a service plan for the area,
a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, after notice was duly given, public hearings on the
proposed annexation were held by the City Council all in
compliance with Article 970-A, Vernon' s Annotated Civil
Statutes of the State of Texas; and
WHEREAS, the City Council has concluded that such area
should be annexed into and made a part of the City of Wylie,
Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. That the following described territory be, and
the same is hereby, annexed into and made a part of the
corporate limits of the City of Wylie, Texas, and the same
shall hereafter be included within the territorial limits of
said City, and the inhabitants thereof shall hereafter be
entitled to all rights and privileges of other citizens of
//
the City, and shall be bound by the ordinances, acts,
resolutions and regulations of the City of Wylie, Texas.
Said territory hereby annexed being described as follows:
Tract 4 consisting of 37.13 acres out of the J.
Mitchell Survey, Collin County Abstract 589; and Tract
29 out of the Wm. Patterson Survey, Collin County
Abstract 716 for a total of 140.58 acres.
SECTION 2. It is the intention of the City to annex only
that territory which is legally subject to being annexed by
the City and should any portion of the above described
territory be not subject to legal annexation by the City of
Wylie, Texas, such fact shall not prevent the City from
annexing such portion of said territory which is subject to
legal annexation by the City of Wylie, Texas. Therefore, if
any provision or portion of the territory herein described
is held to be invalid by a court of competent jurisdiction,
such provision or portion of land shall be deemed as
separate, distinct and independent and such holding shall
not affect the validity of the remaining provisions of this
ordinance or portions of land annexed by this ordinance.
SECTION 3. This ordinance shall take effect from and after
its passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas,
this the day of 19
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE
HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE,
TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS
TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE
CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF
SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES,
ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF
SAID ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, finds
that the hereinafter described territory is contiguous and
adjacent to the corporate limits of the City of Wylie; and
WHEREAS, the City has prepared a service plan for the area,
a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, after notice was duly given, public hearings on the
proposed annexation were held by the City Council all in
compliance with Article 970-A, Vernon' s Annotated Civil
Statutes of the State of Texas; and
WHEREAS, the City Council has concluded that such area
should be annexed into and made a part of the City of Wylie,
Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the following described territory be, and
the same is hereby, annexed into and made a part of the
corporate limits of the City of Wylie, Texas, and the same
shall hereafter be included within the territorial limits of
said City, and the inhabitants thereof shall hereafter be
entitled to all rights and privileges of other citizens of
the City, and shall be bound by the ordinances, acts,
resolutions and regulations of the City of Wylie, Texas.
Said territory hereby annexed being described as follows:
Tract 19 consisting of 50 acres out of the R. D. Newman
Survey, Collin County Abstract 660 .
SECTION 2. It is the intention of the City to annex only
that territory which is legally subject to being annexed by
the City and should any portion of the above described
territory be not subject to legal annexation by the City of
Wylie, Texas, such fact shall not prevent the City from
annexing such portion of said territory which is subject to
legal annexation by the City of Wylie, Texas. Therefore, if
any provision or portion of the territory herein described
is held to be invalid by a court of competent jurisdiction,
such provision or portion of land shall be deemed as
separate, distinct and independent and such holding shall
not affect the validity of the remaining provisions of this
ordinance or portions of land annexed by this ordinance.
SECTION 3. This ordinance shall take effect from and after
its passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas,
this the day of 19
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE
HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE,
TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS
TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE
CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF
SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES,
ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF
SAID ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, finds
that the hereinafter described territory is contiguous and
adjacent to the corporate limits of the City of Wylie; and
WHEREAS, the City has prepared a service plan for the area,
a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, after notice was duly given, public hearings on the
proposed annexation were held by the City Council all in
compliance with Article 970-A, Vernon's Annotated Civil
Statutes of the State of Texas; and
WHEREAS, the City Council has concluded that such area
should be annexed into and made a part of the City of Wylie,
Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the following described territory be, and
the same is hereby, annexed into and made a part of the
corporate limits of the City of Wylie, Texas, and the same
shall hereafter be included within the territorial limits of
said City, and the inhabitants thereof shall hereafter be
entitled to all rights and privileges of other citizens of
/1
the City, and shall be bound by the ordinances, acts ,
resolutions and regulations of the City of Wylie, Texas.
Said territory hereby annexed being described as follows:
Tract 39 consisting of 14.41 acres; and Tract 9
consisting of 10.20 acres; and Tract 8-9 consisting of
39.62 acres; and Tract 8 consisting of 1 acre for a
total of 65.23 acres out of the E. C. Davidson Survey,
Collin County Abstract 267.
SECTION 2. It is the intention of the City to annex only
that territory which is legally subject to being annexed by
the City and should any portion of the above described
territory be not subject to legal annexation by the City of
Wylie, Texas, such fact shall not prevent the City from
annexing such portion of said territory which is subject to
legal annexation by the City of Wylie, Texas. Therefore, if
any provision or portion of the territory herein described
is held to be invalid by a court of competent jurisdiction,
such provision or portion of land shall be deemed as
separate, distinct and independent and such holding shall
not affect the validity of the remaining provisions of this
ordinance or portions of land annexed by this ordinance.
SECTION 3. This ordinance shall take effect from and after
its passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas,
this the day of 19
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
City Attorney
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ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE
HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE,
TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS
TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE
CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF
SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES,
ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF
SAID ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, finds
that the hereinafter described territory is contiguous and
adjacent to the corporate limits of the City of Wylie; and
WHEREAS, the City has prepared a service plan for the area,
a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, after notice was duly given, public hearings on the
proposed annexation were held by the City Council all in
compliance with Article 970-A, Vernon' s Annotated Civil
Statutes of the State of Texas; and
WHEREAS, the City Council has concluded that such area
should be annexed into and made a part of the City of Wylie,
Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. That the following described territory be, and
the same is hereby, annexed into and made a part of the
corporate limits of the City of Wylie, Texas, and the same
shall hereafter be included within the territorial limits of
said City, and the inhabitants thereof shall hereafter be
entitled to all rights and privileges of other citizens of
the City, and shall be bound by the ordinances, acts,
resolutions and regulations of the City of Wylie, Texas.
Said territory hereby annexed being described as follows :
Tract 110 consisting of 39 .954 access; and Tract 112
consisting of 35 .8 acres; and Tract 100 consisting of
25 .5134 acres; and Tract 111 consisting of 34 .950
acres; and Tract 124-9 consisting of 140.840 acres; and
Tract 124 consisting of 1.0 acres; and Tracct 140
consisting of 1.0 acres; all out of the Francisco de la
Pina Survey, Collin County Abstract 688 totaling
279.0574 acres.
SECTION 2. It is the intention of the City to annex only
that territory which is legally subject to being annexed by
the City and should any portion of the above described
territory be not subject to legal annexation by the City of
Wylie, Texas, such fact shall not prevent the City from
annexing such portion of said territory which is subject to
legal annexation by the City of Wylie, Texas. Therefore, if
any provision or portion of the territory herein described
is held to be invalid by a court of competent jurisdiction,
such provision or portion of land shall be deemed as
separate, distinct and independent and such holding shall
not affect the validity of the remaining provisions of this
ordinance or portions of land annexed by this ordinance.
SECTION 3. This ordinance shall take effect from and after
its passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas,
this the day of 19
APPROVED:
APPROVED AS TO FORM
MAYOR
CITY ATTORNEY ATTEST:
CITY SECRETARY
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ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE
HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE,
TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS
TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE
CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF
SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES,
ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF
SAID ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, finds
that the hereinafter described territory is contiguous and
adjacent to the corporate limits of the City of Wylie; and
WHEREAS, the City has prepared a service plan for the area,
a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, after notice was duly given, public hearings on the
proposed annexation were held by the City Council all in
compliance with Article 970-A, Vernon' s Annotated Civil
Statutes of the State of Texas; and
WHEREAS, the City Council has concluded that such area
should be annexed into and made a part of the City of Wylie,
Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. That the following described territory be, and
the same is hereby, annexed into and made a part of the
corporate limits of the City of Wylie, Texas , and the same
shall hereafter be included within the territorial limits of
said City, and the inhabitants thereof shall hereafter be
entitled to all rights and privileges of other citizens of
the City, and shall be bound by the ordinances, acts,
resolutions and regulations of the City of Wylie, Texas.
Said territory hereby annexed being described as follows:
Tract 14-9 consisting of 73.986 acres; and Tract 14
consisting of 1 acre; and Tract 74 consisting of 49.61
acres; and Tract 15 consiting of 7.4 acres; and Tract
85 consisting of 6.161 acres; and Tract 87 consisting
of 2.07 acres; and Tract 88 consisting of 22.904 acres;
and Tract 72 consisting of 49.89 acres; and Tract 84
consisting of 5.5 acres; and Tract 29 consisting of
36.498 acres; and Tract 75 consisiting of 11.599 acres;
and Tract 31-9 consisting of 318 .74 acres; and Tract 31
consisting of 1 acre; and 34 .47 acres of railroad
right-of-way owned by the St. Louis & Southwestern
Railway Co. for a total of 620.028 acres out of the
Francisco de la Pina Survey, Collin County Abstract
688 .
SECTION 2. It is the intention of the City to annex only
that territory which is legally subject to being annexed by
the City and should any portion of the above described
territory be not subject to legal annexation by the City of
Wylie, Texas, such fact shall not prevent the City from
annexing such portion of said territory which is subject to
legal annexation by the City of Wylie, Texas. Therefore, if
any provision or portion of the territory herein described
is held to be invalid by a court of competent jurisdiction,
such provision or portion of land shall be deemed as
separate, distinct and independent and such holding shall
not affect the validity of the remaining provisions of this
ordinance or portions of land annexed by this ordinance.
SECTION 3 . This ordinance shall take effect from and after
its passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas,
this the day of 19
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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1
ORDINANCE NO.
BEING AN ORDIANNCE AMENDING ORDINANCE #81-5 AS AMENDED BY
ORDINANCE #85-23A BY ADDING THERETO A NEW SECTION ENTITLED
"SPECIAL REGULATIONS FOR PREMISES SERVING ALCOHOLIC
BEVERAGES". CONTAINING A SEVERANCE CLAUSE, PROVIDING A
PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS: The City of Wylie, Texas presently has no
criteria to control the density or locations of private
clubs serving alcoholic beverages and:
WHEREAS: The City Council of the City of Wylie, Texas
has determined that such controls are necessary to protect
the health, safety and welfare of it' s citizens therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
That Ordinance #81-5 as amended by Ordinance #85-23A is
hereby amended by the addition in Section 22 "Specific Use
Permits" a new Section 22A "Special Regulations for Premises
Serving Alcoholic Beverages" to read as follows:
SECTION 22A SPECIAL REGULATIONS FOR PREMISES SERVING
ALCOHOLIC BEVERAGES;
1 : General Policy Provisions
In order to protect the general health, well being and
welfare of the citizens of Wylie, Texas, the City Council of
the City of Wylie declares it to be ,the policy of the City
that private clubs for the consumption of alcoholic
beverages shall not be permitted within the City of Wylie
without such establishment having first secured a special
use permit approved by the City Council under the terms and
regulations of this Ordinance. Consideration of an
application for such special use permits by the City Council
shall follow a recommendation by the Planning and Zoning
Commission and payment of a two hundred fifty ($250. 00)
application fee.
2: Location of Such Establishments
2. 1 Service and consumption of alcoholic beverages in a
Planned Development (PD) may be allowed subject to inclusion
in and approval of the PD regulations by the City Council.
Such PD regulations shall control to the exclusion of this
Ordinance other than compliance with the provisions of the
Texas Liquor Control Act.
2. 2 Establishments seeking to qualify under this Ordinance,
except those in a PD, must be located in a area zoned
"Retail, B-1, B-2 or Industrial" as those terms are defined
in the comprehensive zoning ordinance of this City, and such
premises shall not be located within one thousand (1000' ) of
the property line of any church, public or parochial school,
hospital, extended care facility, or public park nor shall
such premises be permitted within three hundred (300' ) of
any area zoned "SF-1, SF-2, SF-3, SFA, 2F, MH or MF".
The distances shall be measured from the front door of the
premises to the nearest property line of a church, shcool,
hospital, extended care facility, or public park, or
residential zoned area.
2. 3 Any restaurant in operation at the date of passage of
this Ordinance located in "R", "B-1", "B-2" or "I " zone which
otherwise qualifies under all other operational requirements
of this Ordinance may receive a special use permit if
application is made within one year of the date of passage
of this Ordinance.
2. 4 Establishments for the sale or consumption of alcoholic
beverages shall be located within an area containing 10
acres or' more in size and zoned "R", "B-i", "B-2" or " I"
and/or any contiguous combination of these zoning districts.
Said area, need not be under single ownership and areas
separated by a minor or secondary street are to be
considered contiguous for determination of the acreage
requirement. Where areas are separated by a thoroughfare,
existing or proposed, they shall be considered separate
areas for determining acreage requirements as set forth in
this Ordinance.
2. 5 Exemptions: Golf or Country Clubs and nationally
recognized social or fraternal organizations are exempt from
the acreage and food sales provisions of this section.
3: Operational Regulations
3. 1 Not less that seventy percent (70%) of the gross
receipts of such establishment shall be derived from the
sale of food consumed on the premises. Food service shall
be available at any time alcoholic beverages are being
served. The service of alcoholic beverages without food is
prohibited in dining areas and is restricted to a bar or
lounge area as described in this Ordinance. The holder of
such permit shall provide audits at its expense as more
fully set forth in this Ordinance.
3. 2 Such establishments shall contain a minimum of one
hundred fifty (150) dining seats, allowing a minimum of
twelve (12) square feet of dining area per dining chair;
calculation of the square feet of dining area to exclude
kitchen and storage areas, bar and lounge areas, and cashier
and reception areas.
3. 3 Such establishment shall comply with all of the
provisions of the Texas Liquor Control Act and receive a
private club permit from the State of Texas within six (6)
months from the date of issuance of the special use permit
by the City, each such limitation in time being subject to
extension by the City Council.
3. 4 The City Council may revoke a special use permit upon
the finding that any of the operational requirements imposed
at the time of granting the permit are not met or thereafter
cease to exist. Said special use permit shall be subject to
review based on recommendation from the Police Department
that the public safety has been or is being jeopardized.
The City Manager or his designated representative and Chief
of Police are specifically authorized to receive, accept,
and investigate complaints from any source.
3. 5 A private club with a bar or lounge area shall be
designed so that patrons can enter only from an area within
the primary use, e. g. the dining or reception area of a
restaurant, hotel or motel. Emergency exits direct to the
outside are permitted.
3. 6 Gaming devices, such as billard (pool) tables, pinball
machines and other coin operated electrical machines shall
not be allowed on such premises.
�oS
3. 7 No signs advertising the sale of alcoholic beverages
shall be permitted other than those authorized under the
Liquor Control Act of the State of Texas and the city sign
ordinance.
4: Audit Reguirements
4. 1 The permittee of each Private Club in the city which
has been in operation for at least six (6) months prior to a
December 31st calendar year shall select and engage a
Certified Public Accounting firm to conduct an annual audit
of the operations of such Private Club during such period.
The year upon which such audit shall be conducted shall
begin January 1, and end December 31. The purpose of this
audit shall be to determine whether or not the permittee has
complied with the gross receipt requirements of Section 3. 1.
The audit shall clearly reflect (1) the total gross
receipts of the permittee for the audit year from all
operations on the premises for which the Special Use Permit
for a Private Club is issued; (2) the percentage of such
gross receipts derived from the sale of food; and (3) the
percentage of such gross receipts derived from the sale of
alcoholic beverages.
4. 2 The audit shall indicate whether or not further inquiry
should be made by the City of Wylie into the permittee' s
operations to determine whether all other requirements for
the operation of a Private Club were satisfied during the
audit year.
4. 3 The audit shall be completed and a copy furnished to
the City Council through the City Manager' s office not later
than April 1st of the year following the audit year. The
audit shall be performed and a copy furnished to the City
Manager at the sole expense of the permittee.
4. 4 If not received by April 1st, the City Council shall
have the right to select and engage a Certified Public
Accountant firm to perform the audit described herein. The
permittee shall reimburse the City of Wylie for all expenses
incurred in obtaining this audit.
5: Public Hearing
In the event of apparent non-compliance as determined by the
City Manager or his designated representative, a public
hearing may be scheduled for a future City Council meeting,
for the purpose of determining such compliance or non-
compliance of the permittee for the audit year with the
requirements of this Ordinance for the operation of a
Private Club. The permittee shall be given at least ten
(10) days written notice of the date, time, and place of the
public hearing.
A Special Use Permit shall remain in full force and effect
pending such public hearing.
6: Remedies for Non-Compliance
6. 1 At such public hearing, the permittee may appear in
person, or by attorney or representative, and shall further
have the right to cross-examine witnesses, and to offer such
evidence and testimony as he desires with regard to
compliance or non-compliance as described above. Upon
hearing all evidence with regard to the matter, the City
Council shall enter an order finding compliance or non-
compliance on the part of the permittee. If the order finds
compliance, the matter shall be concluded for that audit
year.
6. 2 If the order finds non-compliance for the audit year,
the City Council shall further provide for one of the
following actions:
A. ) Immediate suspension of the permittee' s operation of
the Private Club on the premises; and immediate
implementation of procedures to revoke and delete the
Special Use Permit for a Private Club designation from the
zoning of the permittee' s property; or
B. ) Establishment of a six-month period of probation
during which the permittee may continue operations under its
Special Use Pemit for a Private Club. The purpose of this
probationary period is to allow the permittee to come into
compliance with the requirements which were found to be non-
compliant as a result of the public hearing.
6. 3 At the end of the probationary period, if same is
ordered. an additional audit shall be performed at
permittee' s expense. The auditor shall be selected and
engaged by the City Council. The purpose of the audit shall
be to determine compliance or non-compliance of the
permittee during the entire probationary perid with all
requirements of this Ordinance.
6. 4 Upon completion of such audit, the original copy shall
be furnished to the City Council, with a copy to the
permittee.
Upon receipt by the City of Wylie of an audit of a
permittee' s probationary period, the matter shall be
scheduled for consideration at City Council meeting.
Written notice shall be given to the permittee. The
permittee, his representative or attorney, shall have the
right to appear at such meeting and to present any testimony
or evidence regarding compliance or non-compliance with the
Ordinance, or even the results of the audit, as may be
desired. Upon hearing of all evidence and testimony, the
City Council shall enter an order finding compliance or non-
compliance with requirements of this Ordinance.
If the order finds compliance, the probations' perid - . - 1
be ended, and permittee' s operations under the ' Use
Permit may be continued.
If the order finds non-compliance, the permittee shall
immediately cease the operation of the Private Club on the
premises. Procedures shall immediately be implemented on
behalf of the City of Wylie to revoke and delete the Special
Use Permit for a Private Club designation from the zoning
for the permittee' s property.
6. 5 A11 specific use permits granted under the provisions
of this section shall expire December 31st of the year
issued and may be renewed annually by payment of a two
hundred ($200. 00) dollar renewal fee provided that all
sections of this ordinance have been complied with.
6. 6 All specific use permits approved in accordance with
the provisions of this Section shall only be issued to the
applicant whose name appears on the application and shall be
valid only as long as the said applicant owns the private
club. Upon notification that an existing private club has
ceased or will cease operations, a public hearing may be
initiated by the City Council to consider rescinding the
specific use permit which had been approved for that private
club. Any cessation of the use granted by the specific
use permit for a period longer than 180 days shall require
the owner to reapply for said permit.
6. 7 A Special Use Permit for the operation of a Private
Club shall not be issued for a period of one year for an
establishment which has had Special Use Permit revoked
pursant to Section 3 or Section 4 of this Ordinance.
7: Severability Clause
It is intended by the City Council that this Ordinance, and
every provision thereof, shall be considered severable and
the invalidity of any section, clause or provision of this
Ordinance shall not affect the validity of any other portion
of this Ordinance.
8: Penalty
It shall be unlawful for any person, firm or corporation to
operate a Private Club for the sale or dispensing of
alcoholic beverages without first having secured a Special
Use Permit from the City Council of the City of Wylie.
Operation of a Private Club without first securing a Special
Use Permit shall be deemed a misdemeanor and any person,
firm or corporation convicted thereof shall be fined any sum
not exceeding the maximum amount permitted by state law and
each and every day that such violation continues shall be
considered a separate offense; provided, however, that such
penal provision shall not preclude a suit to enjoin such
violation.
9: Publication and Effective Date
The Caption of this Ordinance shall be published one time in
a newspaper having general circulation in the City of Wylie,
Texas, and shall be effective immediately after its passage
and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF , 1986.
Joe Fulgham, Mayor Pro-Tem
ATTEST:
Carolyn Jones, City Secretary
•
CITY OF WYLIE
114 N. BALLARD ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
c-re, Lk., z /? et
DATE
Mr. Gus Pappas
City Manager
City Hall
Wylie, Texas 75098
Attention: Barbara Le Cocq, Administrative Assistant
RE:
L, 5 * rv- Gkcs 7'A7-Ocs CeFr..r.)
Dear Mr. Pappas:
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
54 Preliminary plat to Planning and Zoning
tEL Preliminary plat to City Council
El Final plat to Planning and Zoning
Q Final plat to City Council
aConstruction plans to City Council for construction
approval only
0 Final plat to City Council for subdivision acceptance
along with final inspection statement
Sincerely,
I. W. Santry, Jr. , F. E.
City Engineer
IWSiam
cc: Public Works Director
Code Enf or'ement Officer
Subdivision File
Chronological File �^