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03-05-1987 (Planning & Zoning) Agenda Packet (03) AGENDA SUMMARY PLANNING AND ZONING COMMISSION THURSDAY, MARCH 5, 1987 Item No. 1 . Approval of Minutes: No additions or corrections. Item No. 2 . Public Hearing on the application for Special Use Permit - Block 8 , Lot 8A Railroad Addition (204 N. First St. ) for a Charitable Organization to operate a food, clothing, etc. Distribution Center: This Special Use Permit has been requested by the Ministerial Alliance. It is their desire to operate a food, clothing, etc, Distribution Center on Monday, Wednesday and Saturday from 10: 00 A.M. - 2 :00 P. M. and on Tuesdaqy 5:00 P. M. - 8 :00 P. M. . Letters were mailed to the property owners within 200 feet of this property. This property is currently in a residential zoning and that zoning would not allow this type of activity even though it is for a charitable organization. Thus they require a special use permit or a change in zoning. A change in zoning is not recommended since it will constitute spot zoning . Item No. 3 Pulbic Hearing on the annextion of 456 Acres out of the G. Shelby Survey Abstract 799, L. Farmer Abstract 334 and J. J. Turnham Abstract 919 , Collin County: This property is owned by Mr. Stanley Moussa and is located on the north side of Parker Road. It is contiguous with the City of Wylie by the Lake annexations. This is the property in which Mr . Moussa is asking for a Special utility District in order to give water and sewer services. If this proeprty is annexed into the City of Wylie, there will be no need for this Special Utility District. Item No. 4 . Approval of final plat for Westgate Center - Phase One. This property is located between West FM 544 and S. Hwy. 78 , and is being developed by Mr . Ken Swayze. The Engineering Department has reviewed this plat and recommends it for approval . A representative from the Engineering Department will be present at the meeting if you have any questions. Item No. 5 . Approval of final plat for Westgate Center - Phase Two. This property is located between West FM 544 and S. Hwy. 78 , and is being developed by Mr. Ken Swayze. The Engineering Department has reviewed this plat and recommends it for approval . A representative from the Engineering Department will be present at the meeting if you have any questions. &rt ,�251rD AGENDA REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF WYLIE, TEXAS THURSDAY, MARCH 5, 1987 7 :00 P. M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 8 Approval of Minutes 2 9 - 10 Conduct Public Hearing on the annexation of 456. Acres out of the G. Shelby Survey Abstract 799, L. Farmer Abstract 334 and J. J. Turnham Abstract 919 , Collin County. (Stanley Moussa' s Property) 3 11 - 16 Conduct Public Hearing on the annexation of 456 Acres out of the G. Shelby Survey Abstract 799, L. Farmer Abstract 334 and J. J. Turnham Abstract 919 , Collin County. (Stanley Moussa' s property) 4 17 Consider approval of final plat of Westgate Center - Phase One (located between FM 544 and S. Hwy. 78) 5 18 Consider approval of final plat of Westgate Center - Phase Two (located between FM 544 and S. Hwy. 78) 6 Adjourn MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSQAY, FEBRUARY Q, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting .,n February 19. 1987 in the Community Room at 800 Thomas Sireet. A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice- Chairman Brian Chaney, Fred Oueilette° R. P. Miller, Ken Mauk and Bill Chapman. Jay Davis and Ben Scholz were absent. Representing the city staff was Gus H. Pappas, City Manaqer and Amanda Maples, Secretary. The meeting was called to order at 7: 00 p. m. by Vice- . Chairman Brian Chaney. 1 - THE ImUTES OF FEBRUARY 5z--l9e7 - Bill Chapman made a motion to accept the minutes as presented. Ken Mauk seconded We motion. Motion carried 5- 0. I.IEM N CHAIRMAN - Ken Mauk made a motion to elect Vice-Chairman Brian Chaney as the new Chairman for P&Z. Bill Chapman seconded the motion. Motion carried 5-0. C?-CHAJ - Bill Chapman made a motion to ele r Ben Scholz as the Vice- Chairman for P&Z. Ken Mauk seconded the motion. Motion carried 5-0. ITEM �8 � �_ APPRQVAL OF QEPLAT OF SECTION OF WYNDHAM ESTATES This replat of Wv. / ham Est-ates-------'---'-- involves the building line for the ''0" l' ' line houses in this PD section. The original replat jalled for the building line to be on the opposite lot lin^, from that now shown. The reason for requesting the chan`"" was that the builder did not want windows of the homes t.. we facing the alley on lots 5B and 12A. One of the stipula ' ' ons of this zoning was that the side of the structure placeci on the "0" lot line side was to have no windows. Mr. Pappas stated that the dilemma of granting this change was that in the case of lots 5B ,and 12A, approval would mean that these two houses would be Pi aced right on the lot line of the alley. The builders fence these yards however, what you would have is a wall right an the alley. The City does allow fences of wood or brick to be built right on the alley and the wall would be no close/ than a fence. If you move the set back off of the lot line you would be creating dead space. Mr. Ouellette and l nave been discussing the possibility of at 2 ' setback r'*'xuirment which wastes very little space and then the p"osibility of a 6 ' setback requirment which wastes a consi.`erable amount of space. Fred Ouellette asked Mr. Pappar If he was recommending the 2 ' setback. Mr. Pappas replied that he wou . o recommend a setback of 2 ' or less. Baron Cook stated that he was making this request for a lot line change at the request of the builder. Based on their marketing study they felt that shifting the lot line to the north and not having windows on the alley would make the homes more marketable. He suggested that instead of requiring the builder to fence the dead space that an extra 2 ' could be dedicated as part of the alley. Mr. Pappas replied that the City has enough little pieces of grass to mow now and it doesn ' t need any more. Bill Chapman asked Mr. Pappas what would happen if a 1 ' setback was granted. Mr. Pappas stated "all of the options are in your court, because this is a planned development you could even waive the fencing requirement. " Fred Ouellette stated that he felt uncomfortable about putting a citizen in a situation that their wall was only 2 feet or so from the alley because of traffic. R. P. Miller asked Mr. Ouellette if he was concerned about the noise or about someone running into the house. Fred Ouellette said that his main concern was the noise. R. P. Miller replied that 6 ' of air would not help the noise at all. Brian Chaney stated that 2 ' of dead space would be impossible to mow if it were between the wall and a fence. Mr. Pappas brought up the question of the overhang of the house. If the house sits right on the line of the alley then the overhang would come out into the alley at least 18". Bill Chapman made a motion to allow the houses on lots 5B and 12A to be placed 2 ' off the property line of the alley and that the fencing requirement be waived on the north side of the building where it abuts the alley and that the side yard setback be reduced to 8 on the south side of the building. Ken Mauk seconded the motion. Motion carried 5- 0. ITEM NO. APPROVE FINALe— WPORT_ H��BOR - This addition was previously know a� �� -- s Crescent Cove. | hat joint venture partnership has now been dissolved and this portion is now in the hand of Baron Cook. The Preliminary Plat was recently apporved. The Engineering Department has reviewed the Final Plat and recommends approval . Mr. Pappas addressed the Planning and Zoning Commission stating that the Final Plat had not changed from the Preliminary Plat but that the developer was concerned about Anchor Drive. It was origina11v platted as a 65 R. O W with a 37 ' concrete street. This was to tie into ^^r^ Moussa 's plans for development in St. Paul . Mr. Cook feel~ ^ that there would be no benefit to him to go to the expense of having this replated but he would like to request that the paving of the street be reduced to a standard 2�7 ' residential street. Bill Chapman made a motion to accept the Final Plat and grant the request that Anchor Drive be reduced to a 27 ' standard residential street. ken Mauk seconded the motion. Motion carried 5-0. DT9M-_-[,- 6 - APPROVE PRELIMINARY-PLAT FOR WOODLRKE VILLAGE - This subdivision is located on the property adjacent to the new City Hall . The developer is Baron Cook representing the joint venture Centennial-Arapano East. The Engineering Department met with the developers and their engineer on Friday of last week and now recommend your approval . Mr. Pappas stated that this was a very simple Preliminary Plat because it is not at all unusual to divide a large tract of land. The tract around the City Hall site was approximately 300 acres. We subdivided it once to take out the City Hall tract. Now the oeveloper wants to dedicate some road R. O. W. and divide his property into phases that he can work with. The only point of concern is the large storm drainage channel that runs across the property. The City needs some improvement to that storm drainage. Right now the improvment can be an eartnen channel . This is on a temporary basis, until the is developed further. The permanent drainage improvement will be requlated at either replat the building permit level in order to protect the City. Fred Ouellette asked Mr. Pappas what denoted "temporary, " what would be the difference becween a temporary channel and a permanent channel . Mr. Pappas replied that an earthen channel had been approved as temporary and that the rermanent channel would be underground and made of concrete. Bill Chapman made a motion to accept the Preliminary Plat. R. P. Miller seconded the motion ' Motion carried 5-0. PUBLIC HEARLNG O OF WES,GA" - Westgate Addition is located on W. Brown Avenue (FM3412) adjacent to and oirectly west of Rustic Oaks Addition. The developer is asking for a rezoning of a section of the development previously zoned for townhomes to SF3. Mr. Pappas stated that if this request is approved the property will have to be replateu but that is fairly simple. Chairman Brian Chaney asked what kind of zoning is around this area to be rezoned. Mr. Pappas said that is was SF3' Chairman Brian Chaney said that this would be simply extending the SF3 all the way up to Rustic Oaks. Mr. Pappas replied that "yes" the SF3 would be extended to Rustic Oaks Retail . Ken Mauk asked how many houses "neir would be as opposed to the townhomes. The developer said that their would be 16 lots for SF3 as opposed to 20 MF lots. Ken Mauk made a motion to accep" the proposal for rezonin.q of the townhomes to SF3. Bill Lnapman seconded the motion. Motion carried 5-0. _ ITf�! NO,_-.g_ - PLANNING RECOMMEND A]O[��_TO FOR LONG A ND QTL-ER Sl[S, - Over the past seV,`al months, the City staff has been engaged in conversation= with property owners along Akin Lane, in the Rush Creek, Dogwood Ct. area. There exists a lot in that area, whycn is not large enough for building and an individual who ^^ inted to build on the lot. Small pieces of property needed ``a be transferred, easements needed to be abandoned, and de" ! cated rights-of-way, which are currently in use, needed tc oe firmed up. It appeared that because of mutual interescs on all the part of all . . parties concerned, that a so .'tion to the dilemma was eminent and that the property ov .`ers would receive what they needed and the City would rece / ',e a bonafide right-of-way for Akin Lane in which improvem ?/`ts could be made and a old problem finally settled. In t.`p bottom half of the ninth inning, conditions were added that significantly changed the palatability of the negotiatio.' ;. The request certainly exceeds the authority of the C) r`/ staff and, as requested, may even exceed the legal authc'r ' ty of the City and of the City Council. The original pla sought by the City Staff, merely cleared up some ambiguit, about Akin Lane so that the City could enter the property a, . make improvements, both to the street and by removing some visual dangers, so long as those costs were minimal , that , rtainly appeared to be the best solution. Now the costs are beginning to accelerate and the staff feels that comme.`t need to be made by the Planning & Zoning Commission v'r,d the City Council as to whether or not there might / � better solutions. For, example, is it in the City 's best long range interests to improve Akin Lane? Given the twisting nature of the street, will it ever be a good road? Might not it be better, to abandon the road altogether and reroute traffic along completely new approaches. The ''� taff would like to have the opportunity, at this meeting, /.o discuss alternate plans before proceeding further with the negotiations. Mr. Pappas stated that Akin Kane is a street full of problems some of which are; drainage, the need for roadway improvements, potential traffic hazards and Akin Lane has no R. O. W. dedications. The City began working with nr. Minihan who wanted to purchase lot 5 of Wylwood Estares from Mr. Cooper in order to build a house. The lot was r.ot large enough to build on so the City examined the area and found that by replating and moving Akin Lane and by abandoning some old sewer easements that the lot could be made large enough to build on and we cound obtain the much needed R. O. W. dedication for Akin Lane. We talked with Mr' Westerhof about a R. O. W. dedication and finally with hr' Cooper. Mr. Cooper delivered a set of conditions wnzch I could not support and we began to feel that the poss ` /, ility of this solution was drifting away from us. We have always felt that Akin Lane is a bad street. It has several elevation changes thropqn its length that even and improved Akin Lane might not be able to overcome. For this reason, we tried to find other solutions to handle traffic problems in this area with an eye toward no longer using Akin Lane. A. Instead of Mr. Minihan usinq the lot, ask him to allow the City to buy the lot. The City would pave a concrete street adjoining Lot 1 of Wy] wood 5 which would connect Rush Creek Drive to dogwood Ciruie B. Rip out the existing stre"` , between Mr. Westerhof and the Cemetary through Quailhollo`-/ The property lines would essentially stay the same excep , that Mr. Westerhof and Lot 1 of Rush Creek would be exter ��'sd by a small amount. Rush Creek Dr. would be a through sO et to Dogwood Cir. C. Straighten and reduce Akin Lane in size along the Cemetary to a 20 ' R. O. W. Inform the utility companies to move the utilities into what wouid then be an alley. D. Extend 5th Street to Butier making a right angle at that corner and thereby allowinq drainage to flow alonq 5th Street to Dogwood and Butler Circle. E. Use the existing drainage easement to create a street that would connect Dogwood Circle and Butler Circle. The total cost for constructinq all proposals A through E is $73, 800. 00. The cost of the improvements to Akin Lane are $61 , 794. 00. I have had comments made to me from several of these property owners that they would ne willing to dedicate right of ways for Akin Lane; however if we don ' t secure all of them then obviously we have ano�ner dilemma. Bill Chapman asked if we extenned Rush Creek to Dogwood, could Dogwood carry the increase" traffic. Mr. Pappas replied that the on ' `' traffic it would have to handle is traffic going in and out of Rush Creek. He added that as Quailhollow and Stone Grove complete~ there will be through streets connecting with Push Creek III . Chairman Brian Chaney asked hr' Pappas if the City had received any complaints concerning this. Mr. Pappas said that the Czcy had recieved numerous complaints concerning drainage around the 5th Street area. Mr. Crane believes that the drainage problem is not created by the water that falls direct}v on the area but that other areas drain toward this area and that is the source of the problem. Raymond Cooper of 301 Dogwood addressed the Planning and Zoning Commission stating that zf the City wanted to stop the traffic problem on Akin Lane all they had to do is close off the street and that would not cost a dime. Further, concerning the easement, there r ave been 3 or 4 attempts to solve this problem in the last few years. My first conversation with Mr. Pappas was last summer. I do not want to be assesed for improvements to a street that I don ' t really want. I will dedicac� the land. It is not impossible to secure this R. O. W. dedication but fair is fair and the City should give me sone consideration of it not costing me money to give them a 7 - O. W. dedication. Chairman Brian Chaney asked Mr. iooper how he felt about the proposal of 5th Street as far an the drainage was concerned. Mr. Cooper felt that making 5th Street a through street to Butler would not help the drainage. He added that Mr. Pappas might find himself buyinn some expensive homes. "We bought and paid a premium to li,e on a cul-de-sac because we didn ' t want through traffic. A am sympathic to improvinq Akin Lane and the R. O, W. is not impossible to secure from me. Bill Chapman asked Mr. Cooper w-at concessions he wanted in order for the City to secure a i O. W. dedication from him. /.~ Mr. Cooper replied that he dio not want to be assesed for the cost of the improvements to "kin Lane. That a retaining wall be built if there is a s . nnificant difference in the elevation of the new street anz my lot. That there be no significant changes made in re=ards to trees and shrubs, except by mutual agreement, un, / [ the new street is put in. I also asked that the City wouin guarantee that there would never be a through alley from A^ ^n Lane to Dogwood Cir. R. P. Miller asked Mr. Cooper A there would be a problem with cutting down the trees on the west side of Lot 1 , Akin Lane that cause a traffic hazard ' Mr. Cooper replied, "no, " I ha`e discussed this with Mr Pappas before. ` R. P. Miller asked Mr. Cooper i those trees were to be cut down and then Akin Lane aban./oned would that hurt your property. Mr. Cooper said that if the trees that were mutually agreed upon were the only ones cut `',wn it would not hurt his property. Mr. Pat Minihan, owner of Lot #v under discussion, addressed the Planning and Zoning Commis : `on saying that he did not feel that Akin Lane would ever ue a heavily traveled street because as it is now Rush Creen is the only traffic that uses Akin as a through street to get out of town and as Quailhollow and Stone Grove a. e developed there will be other streets that will be more easily accessed by Rush Creek. So, I don ' t believe Ak ,n Lane will ever be a major throuqhofare. I don ' t see any problem with :p grading Akin Lane, though you may want to give those hom=s along there options for a rear entry access. I do not be1ieve that you will solve the problem by taking Rush Creek through to Dogwood. Ken Mauk asked Mr. Minihan when W. A. Allen would be completed to Stone Street. Mr. Minihan replied that he e:rected completion some time this summer. Chairman Brian Chaney asked M/ . Minihan if he wanted the improvements done to Akin Lane � ^d an option for rear access or if he would rather have it a~ an alley. Mr. Minihan said that he vieweu Akin Lane as a two lane street so the improvements snould be done but that he doesn ' t see it as a heavily trave1ed street and that in fact a year from now the street woulu not carry as much traffic as it currently does. Mr. Ronald Pilkinqton of 309 Doqwood addressed the Planning and Zoning Commission with two ' oncerns. At the moment, on Akin Lane comming from Hwy. 78' I am the next to the last rear entrance home on that roar As far as the dedication of land for at R. O. W. , I see .o problem with that. My concern does arise when your t iking about putting a road between Dogwood and Butler. O� ^ houses are less than 37 ' apart. Another concern is the / ` tch of the proposed road, I have difficulty in getting out , my driveway in bad weather as it is. I fear that we would .nly be creating another ice arena for our children in the winter months. On the proposed road from Rus,i Creek to Dogwood. Travel along Dogwood to Woodhollow i� difficult now if cars are parked on either side of the r `^d. The road is at best .� cars wide. ` I feel that improvements can ano should be made to Akin Lane such as the blind corner which '1r. Cooper discussed moving some trees. The majority of the water comes from Master and Butler in that area. In short with the regrading and relocating of Akin Lane the ma:ority of those problems can be alleviated. Chairman Brian Chaney stated �o the Planning and Zoning Commission that the views heard on Dogwood connecting to Rush Creek were all negative in the views on the drainage varried. But, all of the vi, ws for improving Akin Lane . - seemed to be positive. R. P. Miller stated that he fe] ' that he was at a loss and would like to have some time to took at the area. Fred Ouellette felt that he wooid like to table this motion 'for action after further study the area. Chairman Brian Chaney agreed ai asked Mr. Pappas if it was proper to notify all of the pr* erty owners in this area of these proposals so that they ma be present to discuss it at another meeting. Mr. Pappas said that he could do that. Fred Ouellette made a motion to table this item for further study. Ken Mauk seconded the morion. Mr. Pappas addressed the Planning and Zoning Commission stating that tableing this ite^ creates a problem that you should be make aware of. The te"ms of Mr. Coopers proposals need to be either accepted or rejected at the City Council level . If you table this irem it will postpone this, pending your action. The provis�on concerning the retaining wall we did agree on, that is an engineering necessity. We talked about the trees, I would nark certain ones and if Mr. Cooper agreed, we would cut th* .o down. I think that all of the other provisions can only Vc decided on by the Council . I don ' t believe that this counc ' can make an agreement that will bind a future council . Only the City Council can negotiate or decide on these prc 'isions. Chairman Brian Chaney asked n,'. Ouellette to amend his motion to put this on the next + ienda. Mr. Pappas said that the Cit could give up part of the alley easement that could makp it more difficult for the alley to ever become a thru a \ ley connecting Dogwood and Akin Lane. The dilemma is tha there are 3 homeowners who might be done a disservice by uenying them access to their homes. Mr. Cooper stated that the prope'ty owners would have access across his property, he had not enyed access in three years and now it is too late for him - ' do that. Mr. Pappas stated that Provisio No. 1 - Mr. Cooper not being charged for a building permit" ,^s agreed to be removed. Provision No. 2 - The City guar- ' tee not to connect Dogwood and Akin Lane, the City woulo qive up half of the alley easement to make it more difficult for a thru alley to be made of the alley easement. Provision No. 3 - The retaining "all , was agreed on. Provision No. 4 - Not altering trees or schrubs until the new street is constructed, was *nreed to be removed. 17 Provision No. 5 - Nonassesment -or the street improvements to Akin Lane, was agreed to be removed. Fred Ouellette asked if the Planning and Zoning Commission was agreeing to the replatinq anc not the proposed routs? Mr. Cooper stated that if this s replated and Akin Lane is improved the rest of it is moot , Fred Ouellette said he would l �e to resend his motion to table this item. He then ma� ` a motion to forward the . _ replating of Akin Lane tc the City Council with recommendation for approval wit the revisions stated to Mr. Coopers provisions for grantin^ a R. O. W. dedication. Bill Chapman seconded the motion. M ion carried 5-0. ITEM J0UBN - Bill Cho: an made a motion to adjourn the February 19, 1987 meeting /f the Planning and Zoning Commission. R. P. Miller sec'-nded the motion. Motion carried 5-0. Brian Chaney, Vice-Chairman PlannLng & Zoning Commission Respectfully Submitted: Amanda Maples, S�cretary C� u APPLICATION TO j Board of Adjustment and Appeals (Building) ORDINANCE 83-15 Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 x Planning and Zoning Commission ORDINANCE 81-5 ' NAME Wylie Ministerial Alliance/First Baptist Church ADDRESS 204 North First LOT 8A BLOCK 8 SUBDIVISION Rairoad BASIS OF APPLICATION: II Interpretation X' I Special exception for use or development fI Variance 1J Rezoning f Exception to Building Code EXPLANATION: Special Use Permit for a Charitable Organization to wit-:: The Ministerial Alliance to operate a food, clothing, etc, Distribution Center on Monday, Wednesday and Saturday 10: 00 a .m. - 2 : 00 p. m. and on Tuesday 5: 00 'p.m. -8: 00 p.m. SIGNITURE of APPLICANT DATE February 2, 1987 Must be accompanied by filing fee of $ lt'Th' 0 Received: Date: - 3- Y7 CODE ENFOR EMENT OFFICER • ( WI lif. . .p. 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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 f / 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: 253 acres out of the Orpha Shelby Survey, Collin County Abstract 799; 138 .0 acres out of the Leroy Farmer Survey, Collin County Abstract 334; and 65.0 acres out of the Josiah J. Turnham Survey, Collin County Abstract 919 , total 456 acres. (Legal description attached as Exhibit "B" .) 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 fo EXHIBIT "A" PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance, Police protection will be provided to your property. You, as the property owner, and any other person residing on that property shall be entitled to response and enforcement of State and local laws. You may contact the Police of the City of Wylie at 442-2222. Regular patrols will be made of your property and all local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property. You may also expect the enforcement of traffic regulations on your property and its perimeter. Such requests should be expressed to the Chief of Police of the City of Wylie. FIRE FIGHTING & FIRE CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance, your property and all structures or buildings which exist on the property annexed will be provided, without charge, fire fighting services. Should a fire of any magnitude occur on your property or in any structure on your property, a call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire. In addition, new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors. ZONING AND CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling. Such codes cover areas of construction, electrical, plumbing and mechanical and plans for any improvement on your property should be submitted following the date of annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit. There is a fee for this service and it is relative to the cost of the improvement. Zoning is a public process that will begin during the time your annexation is being processed. This action should be final shortly after your annexation is complete. Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City. Any use which was in existence on your property prior to the completion of the annexation will be allowed to continue. This concept is called "grandfathered" . Under the grandfathered provision, you may continue to use your property in a way that is not consistent with the zoning placed upon it by the public body; however, such use may not be expanded and if the use is discontinued it may not be reinstated. You may indicate, by signing the enclosed forms, any preference which you may have for the zoning designation to be placed upon your property. While you may not have been aware of it, while your property was in the county and was not within the city limits of any city, you did not have zoning protection; thus, your neighbors could have used their property for any purpose which may or may not have been consistant with your use or with the best use of the property in general . Zoning will protect your property and your area from that type of abuse and generally adds both to your personal security and to the value of your property. LIBRARY AND PARKS & RECREATION SERVICES: Upon completion of annexation, you and any residents of the property shall be entitled to the use of the City Library and our various l3 parks and recreational facilities. This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future. Many of these services are provided free of charge to citizens to the City of Wylie, others are provided with the charge of a small user fee. You are entitled to pay the "in-city" rate for these services after your annexation is complete. ANIMAL CONTROL SERVICES: The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic. This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588. On completion of your annexation process, you may contact this office for any questions regarding this service. STREETS & DRAINAGE SERVICES: The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly. If your property abuts or contains drainage ditches or streets which are under the City' s dominion and control, you may request, upon completion of annexation, that repairs or maintenance be performed upon these public facilities. These requests should be phoned to the Public Works Department at 442-7588. Upon receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period. Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and, in most cases, some form of financial participation between the City and the adjacent property owner. Should you desire this level of services, you should contact City Hall to discuss what improvements you had in mind and what financial arrangements can be made. WATER SERVICES: The City of Wylie provides potable water service to residents within it's city limits. In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property, then water service has already been provided. The City of Wylie will be happy to assist you in assuring that such provided service is adequate. Should you not be satisfied with services provided by such a water service, please contact City Hall with your complaints. We will be happy to act as an intermediary on your behalf to see what improvements can be made. If service is not currently available, the City, in participation with you and other property owners, will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty. We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation. The City has numerous water service points within the area and should have little difficulty providing such service within a reasonable time after annexation. SEWER SERVICES: The City of Wylie owns it' s own sewage treatment facility and has divided the City into several large lift station districts. Your property will fall into one of these districts. Sewer service is being extended throughout the City at a rapid rate. In order to obtain sewer services to your property, you will need to contact City Hall following your annexation to discuss the specifics of extending such service. In general there are fees and cost participation associated with initial provision of this service; however, each case is considered unique and only a discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided. �. Exhibit "B" A tract of land situated in the County of Collin, State of Texas, being parts of the Orpha Shelby Survey, A-799, the Josiah J. Turnham Survey, A-919, the Mark L. Morris Survey, A-561 and the Leroy Farmer Survey, A-334 and being more particularly described as follows: BEGINNING at an iron rod marking the Northwest corner of the Orpha Shelby Survey, A-799, same being the Southwest corner of the Michael Millirons Survey, A-564; THENCE, North 89 deg. 45 min. 09 sec. East, 3007.60 feet along the common line between said Shelby Survey on the South and said Millirons Survey on the North, to a concrete monument marking the Westerly U. S. Government boundary line of Lake Lavon; THENCE, along said Government boundary line, South 03 deg. 55 min. 42 sec. East, 756.58 feet to a concrete monument; THENCE, Nort" 64 deg. 57 min. 24 sec. West, 833.99 feet to a concrete monument; THENCE, South 01 deg. 02 min. 27 sec. West, 549.89 feet to a concrete monument; THENCE, South 70 deg. 27 min. 19 sec. West, 1077.20 feet to a concrete monument; THENCE, South 51 deg. 12 min. 09 sec. West, 1404.85 feet to a concrete monument; THENCE, South 07 deg. 19 min. 53 sec. East, 74.79 feet to a concrete monument; THENCE, North 88 deg. 57 min. 46 sec. East, 2464.97 feet to a concrete monument; THENCE, South 29 deg. 19 min. 00 sec. West, 2603.07 feet to a concrete monument; THENCE, South 88 deg. 57 min. 46 sec. East, 572.93 feet to a concrete monument; THENCE, North 49 deg. 39 min. 26 sec. East, 1753.65 feet to a concrete monument; THENCE, North 61 deg. 56 min. 45 sec. East, 1093.61 feet to a concrete monument; THENCE, South 33 deg. 03 min. 17 sec. East, 1419.83 feet to a concrete monument; THENCE, South 64 deg. 29 min. 44 sec. East, 651.15 feet to a concrete monument; THENCE, South 44 deg. 09 min. 17 sec. West, 470.92 feet to a concrete monument; THENCE, North 76 deg. 08 min. 40 sec. West, 1056.27 feet to a concrete monument; THENCE, South 29 deg. 50 min. 44 sec. West, 904.26 feet to a concrete monument; THENCE, North 79 deg. 22 min. 51 sec. East, 758.14 feet to a concrete monument; THENCE, South 06 deg. 53 min. 31 sec. West, 907.24 feet to a concrete monument; THENCE, South 74 deg. 31 min. 36 sec. East, 64.46 feet to a concrete monument; THENCE, North 65 deg. 13 min. 40 sec. East, 805.68 feet to a concrete monument; THENCE, South 32 deg. 38 min. 22 sec. East, 297.05 feet to a concrete monument; THENCE, North 84 deg. 11 min. 30 sec. East, 255.88 feet to a concrete monument; THENCE, North 41 deg. 47 min. 01 sec. East, 367.18 feet to a concrete monument; THENCE, North 77 deg. 18 min. 22 sec. East, 1317.48 feet to a concrete monument; /LC THENCE, South 10 deg. 34 min. 24 sec. West., 600.44 feet to a concrete monument; THENCE, South 65 deg. 36 min. 47 sec. West, 17.19.07 feet to a concrete monument on the South line of the Josiah Turnham Survey, A-919, same being the North line of the Orpha Shelby Survey, A-800; THENCE, leaving said Government boundary line, North 88 deg. 48 ,min. 10 sec. West, 649.87 feet along the common line between said Turnham Survey on the North and said Shelby Survey on the South to an iron rod at the Northwest corner of said Shelby Survey same being the most Easterly Northeast corner of the Mark L. Morris Survey, A-561; THENCE, South 00 deg. 14 min. 10 sec. West, 1309.90 feet along the common line between said Morris Survey on the West and said Shelby Survey on the East to a metal corner post of a chain link tence marking the Northeast corner of the St. Paul Catholic Cemetery; THENCE, North 89 deg. 10 min. 46 sec. West, 283.62 feet to a metal corner post marking the Northwest corner of said cemetery; THENCE, South 00 deg. 03 min. 58 sec. West, 283.79 feet along the West line of said cemetery to an iron rod on the North line of St. Paul Road; THENCE, North 89 deg. 47 min. 26 sec. West, 1805.07 feet along the North line of said road to an iron rod; THENCE, South 00 deg. 20 min. 49 sec East, 4.00 feet to an iron rod on the North right-of-way line of FM Highway 2514 (100 feet wide) ; THENCE, South 89 deg. 39 min. 11 sec. West, 1571.30 feet along said right-of- way to an iron rod; THENCE, North 45 deg. 56 min. 20 sec. West, 43.45 feet along a corner cut-off line to a wood post on the East line of Aztec Trail ; THENCE, North 00 deg. 56 min. 20 sec. West, 1823.20 feet to an Iron rod at the Northeast corner of Aztec Trail ; THENCE, North 00 deg. 22 min. 34 sec. East, 1884.91 feet to an iron rod in the South line of the Orpha Shelby Survey, A-799; THENCE, South 89 deg. 45 min. 08 sec. West, 1111.40 feet to an iron rod at the Southwest corner of said Shelby Survey, same being the Southeast corner of the Dennis Kinsaul Survey, A-502; THENCE, North 00 deg. 30 min. 52 sec. West,. 4430.33 feet along the common line between said Shelby Survey on the East and said Kinsaul Survey on the West to . the PLACE OF BEGINNING and Containing 25,830,928 sqaure feet or 592.9988 acres of land. SAVE AND EXCEPT: 136.99 ACRES OUT OF THE MARK L. MORRIS SURVEY ABST. 561 • M E M O R A N D U M DATE: F-F3RutiR-Y ZSJ 1997 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. , City Engineer SUBJECT: Plat and/or Plans Approval The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council ,Final Plat to Planning and Zoning ❑ Final Plat to City Council ❑ Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File 2 M E M O RAN D U M DATE: Ftf13/Quk+Qy 2.S"� I987 TO: Gus H. Pappas, City Manager FROM: I .W. Santry, Jr. , P.E. , City Engineer ,oPS SUBJECT: Plat and/or Plans Approval V s T (S-A-TIC Ew7'ct-i2 — PHA S S hod The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council Final Plat to Planning and Zoning ❑ Final Plat to City Council ❑ Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File