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12-02-2003 (Planning & Zoning) Agenda Packet Planning & Zoning Commission /Pll. I City of Wylie December 2 , 2003 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, December 2, 2003 7:00 p.m. CALL TO ORDER INVOCATION& PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the November 18, 2003 Regular Meeting. ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Housewright Addition, being all of a certain 1.002 acre tract of land, generally located east of FM 544 and south of Stone Road, as described in a deed to James E. Housewright, as recorded in Volume 5445, Page 1504 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23 and in the A. West Survey, Abstract No. 979, Collin County, Texas, and within the Extraterritorial Jurisdiction of the City of Wylie. ADJOURNMENT -4ad iejr#10 Posted Wednes ,November 26,2003, at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED AI IENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting November 18, 2003 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: William Chapman Claude Thompson, Director M.G. "Red" Byboth Mary Bradley, Admin. Assistant Don Hughes Terry Capehart, Assistant Planner Mike Phillips Carter Porter Chris Seely Kathy Spillyards CALL TO ORDER Vice-Chairman Porter called the Regular Meeting to order at 7:05 p.m. INVOCATION AND PLEDGE Commissioner Byboth offered the Invocation and Claude Thompson led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the November 4, 2003, Regular Meeting. A motion was made by Commissioner Chapman, and seconded by Commissioner Seely, to approve the minutes as submitted. Motion carried 7—0. P & Z Meeting November 18, 2003 Page 2 of 2 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for The Cascades Phase 2 Addition, being all of a certain 15.987 acre tract of land, generally located east of Country Club Road (F.M. 1378), north of The Cascades Phase 1 Addition, and south of Parker Road (F.M. 2514), and being a portion of that certain 53.7251 acre tract conveyed to Cascade Companies, L.L.C. by a Special Warranty Deed recorded in Volume 4607, Page 1881, Deed Records of Collin County, Texas (DRCCT), and including all of a called 0.8000 acre tract conveyed to C.T. Beckham by deed recorded in Volume 1901, Page 545, DRCCT, and including all of a called 5.1533 acre tract conveyed to C.T. Beckham by deed recorded in Volume 4605, Page 1399, DRCCT, and being situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat will create 55 single-family residential lots on 15.987 acres. This is the second and final phase of The Cascades residential development, initially approved by the City Council in February 2000 as Planned Development District (PD 2002-20). The Final Plat for Phase 1 was approved in September 2000 and construction has subsequently been completed. The required parkland dedication for the entire PD was met in Phase 1, however an access easement is provided to the 4.5066-acre public park by the current Plat. The park is in the middle of PD and contains the multi-level lakes for which the Cascades are named. With no questions for the applicant, or further discussion, a motion was made by Commissioner Byboth, and seconded by Commissioner Chapman, to recommend approval to the City Council for the Final Plat of The Cascades Addition Phase 2. Motion carried 7—0. 2. Consider a recommendation to the City Council regarding a Final Plat for the McCreary-F.M. 544 Addition, being all of a certain 7.2575 acre tract of land, generally located north of F.M. 544 and east of McCreary Road, as described in a deed to Heatley-Moist, Inc., Trustee, recorded in County Clerk's File No. 96- 0021299 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat will create 2 lots totaling 6.6943 acres and 0.5631 acre for right-of-way dedication for the future widening of McCreary Road for a total of 7.2575 acres. Lot 1 is 2.5505 acres in size and will be developed in the future as retail. Lot 2 is 4.1438 acres in size and will be developed immediately as a self-storage facility. P & Z Meeting November 18, 2003 Page 3 of 3 The Site Plan for the self-storage facility was approved by the Planning and Zoning Commission on October 7, 2003, and the Preliminary Plat for the overall property was approved by City Council on October 28, 2003. A separate Site Plan will be required to be submitted for approval when Lot 1 retail site is ready to be developed. Common access is provided by a joint access easement between Lots 1 and 2 and to the property to the east. With no questions for the applicant, or further discussion, a motion was made by Commissioner Chapman, and seconded by Commissioner Byboth, to recommend approval to the City Council for Final Plat McCreary-F.M. 544 Addition. Motion carried 7-0. MISCELLEANOUS 1. Thompson presented Commissioners with the newspaper editorial from the Dallas Morning News on August 7, 2003, which complimented Wylie's Comprehensive Planning program. Thompson commended and expressed appreciation to all the Commissioners for a job well done. 2. Thompson stated that the Commissioners will begin reviewing and making revisions to the Comprehensive Plan after the first of the year. Election of Chairperson will probably be held in January. ADJOURNMENT A motion was made by Commissioner Phillips, and seconded by Commissioner Chapman,to adjourn the meeting at 7:30 PM. Motion carried 7—0. Carter Porter, Vice-Chairman Mary Bradley, Secretary City of Wylie Action Item No. 1 Final Plat Housewright Addition Planning and Zoning Commission Meeting: December 2, 2003 Owner: James E. Housewright Surveyor/Engineer: Jackson and Associates, Land Surveyors, Inc. Location: Generally located east of F.M. 544 South and south of Stone Road within the Extraterritorial Jurisdiction of the City of Wylie Existing Zoning: Not Zoned—within unincorporated Collin County Summary: The Final Plat for the Housewright Addition totals 1.002 acres, and will create one rural residential lot as well as dedicate right-of-way for widening of old F.M. 544 South. The subject property is located in unincorporated Collin County but is within the Extraterritorial Jurisdiction of the City of Wylie, and in compliance with the Interlocal Government Agreement approved in March 2002 requires the plat to be approved by the City of Wylie. Development of this lot must comply with the Subdivision Regulations of the City of Wylie and the Building Codes of Collin County. The Preliminary Plat for this Addition was approved by the City Council on November 11, 2003. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Final Plat-Housewright Addition Issues: 1. The Final Plat conforms to the platting requirements of the City of Wylie and Collin County, as well as with the Subdivision Regulations of the City of Wylie. 2. The Plat dedicates 15 feet of right-of-way for the future widening of old F.M. 544 South. This portion of F.M. 544 was recently removed from the State highway system and is now City owned and maintained, and is planned as a six-lane divided thoroughfare. 3. The subject property cannot be annexed into the City of Wylie at this time because it has no contiguous boundary with the city limits and sewer services are not available within a reasonable distance. Financial Considerations: Plat application fees—Paid Staff Recommendation: Approval Attachments: Final Plat S'TONE '‘, OWNER'S CERTIFICATE rA 4 CTogrroE,WLIN TWIN OAKS 1 I WHEREAS,James E Housewright,is the owner of a tract of land situated in the A Atterberry 4 1 30 030 60 90 Survey,Abstract No 23 and in the A West Survey,Abstract No 979,Collin County,Texas and being all of a 1.02 acre tract of land conveyed to Janies E Housewright by de'd recorded in 1 ili ! -• - -- :'. -. Volume 5445,Page 1504,and all of a 0 015 acre tract,land conveyed to James E I Housewright by deed recorded under County Clerk's Oil e Number 2003 c -0205592.Deed I Sale 1" — 30, Records,Collin County,Texas and being more particularly described E'S fOnOWS , Beginning at a 1/2"iron rod found on the east right-of-way line of F M Highway No 544 for II_ the southwest corner of said 1 02 acre tract and the northwest corner of a 1,7 acre tract of land conveyed to Donald Robert Bridges by deed recorded in Volume 2352,Page.9,Deed Re,ords, _. Collin County,Texas; LOCATION MAP 11,1.T S) 'Thence,North 00.48'16"East,along the east right-of-way line of F M Highway No 544, the west line of said 1 02 acre tract and the west line of said 0 015 acre tract,a distance of 103 50 feet to a capped 5;8"iron rod set for the northwest corner of said 0.015 acre tract Thence,South 89,28'00"East,along the north line of said 0 015 acre tract,a distance of 441 10 feet to a capped 5/8"iron rod set on a west line of a 3 10 acre tract of land conveyed to , R Richard Parker by de.recorded in Volume 4647,Pa,14.,Deed Records,Collin County. 1 i Texas for the northeast corner of said 0 015 acre tract; I I JOHN RICE HOUSEWRIGHT Thence,South 05.48'00"West,along the east line of said 0 015 acre tract,east line of said I i CC#95-0007609 1 02 acre tract a.a west line of said 3 10 aore tract.a distance of 103 94 feet to a 3/4'iron rod ! found for the southeast corner of said 1 02 acre tract and a re-entrant corner of said 3 10 acre tract; ,t CAPPED 5/5"I R.SET S 89.28'00"E 441.10' / Thence,North 89°2E3'00"West,along the south line of said 1 02 acre tract,a north line of said 3.10 acre tract and the north line of said 1 177 acre tract,a distance of 437 05 feet to the Point of Beginning and containing 45 185 square feet or 1 037 acres of land - - - - - - - - (.1 coma, - 426 10' 71.‘ ,.., 0 . NOW,THEREFORE KNOW ALL MEN BY THESE PRESENTS • 6 P 6 it c, That,I,James E Housewright,do hereby adopt this plat designating the hereinabove described pro,rty as Z .1 o ,., LOT 1,BLOCK A ,c; I. Housewright Addition,an Addition to the City of Wylie.Collin County,Texas,a.do hereby dedicate to the public use forever the easements and right-,-ways shown hereon • il '' :-. 1.002 ACRES , R.RICHARD PARKER 1 8 3.10 ACRES The easements shown hereon are hereby reserved for the purposes as indicated No buildings.fences,trees, shrubs,or other improvements or growths shall be constructed or placed upon,over.or across the easements cc. VOL.4647,PG.1469 arid right-of-ways as shown Said utility easement being hereby reserved for the mutual use and accorrunodation o .... 2. r of all public utilities desiring to use or using same. All and any public utility shall have the.11 right to remove •• Z "in ' e and keep removed all or parts of any buildings,fences,trees.shrubs.or other miprovements or growth which -' . may in any way endanger or interfere with the construction,maintenance,or efficiency of its respective system i_______j. on the utility easement and all public utilities shall at all times have the full right of ingress and egress to or 4, from and upon the said utility easement for the construction,reconstruction,inspecting,patrolling maintaining, . and adding to or removing,311 or part of its respective systems without the necessity at any time of procuring W , the permission of anyone 01500 417.05' - - - - - - pa.,0,4(,C6infloRi.L'IN) N 89.28'00”W 432.05' WITNESS MY HAND this day of .2003 BEGINNING James E Housewright I DONALD ROBERT BRIDGES STATE OF TEXAS 0 1 177 ACRES VOL.2352,PG.959 COUNTY OF COLLIN 0 BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas, 1 on this date personally appeared James E.Housewright,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to tne that he executed the same for purpose and considerations therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE,THIS day of ,2003 Notary Public for the State of Texas My Commission expires -Recommended for Approval- Bearings based on deed recorded in Volume 5445, Date Page 1504,Deed Records.Collin County,'Texas Chairman,Planning&Zoning Commission City of Wylie,Texas "Approved for Construction" , Date Mayor,City of Wylie,Texas SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS 'Accepted. THAT,I,Donald J Jackson,do hereby certify that,1 have prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my Date personal supervision in accordance with the Platting Rules a.Regulations of the City of Wylie,Texas Mayor,City of Wylie,Texas Donald J.Jackson Registered Professional Land Surveyor No 3949 The undersigned,the City Secretary of the City of Wylie,Texas,hereby certifies that the foregoing final plat of Housewright Addition,an addition to the City of Wylie was submitted Co the City Council on the FINAL PLAT day of ,20 ,and the Council,by formal action,then and there accepted STATE OF TEXAS 0 the dedication of streets,alleys,parks,easements,public places and water and sewer lines as shown and set COUNTY OF COLLIN 0 forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by HOUSEWRIGHT ADDITION signing his name as hereinabove described BEFORE ME,the undersigned authority,a Notary Public in and for the Slate of Texas,on this date d Witness hand his ,A.D.,2003. A.ATTERBERRY SURVEY,ABSTRACT NO. 23 my tay of personally appeared Donald J.Jackson,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and AND A.WEST SURVEY,ABSTRACT NO. 979 consideration therein expressed and under oath stated that the statement,:in the foregoing certificate COLLIN COUNTY,TEXAS are GIV ENr UN DER MY HAND AND SEAL OF OFFICE this day of ,200,3 C 'y SoirtfytIrer,YTexas PREPARED NOVEMBER 20, 2003 1,1•,`,-•ZE,3 OWNER JAMES E HOUSEWRIGHT Notary Public for the State of Texas 1194 E 544 My commission expires WYLIE.TEXAS 75098 972-442-1871 NOTICE Selling a portion of this addition by metes and bounds is a violation of City Ordinance SURVEYOR- JACKSON,ic ASSOCIATES LAND SURVEYORS,INC and State Law and is subject to fines and withholding of utilities and building permits JOB NO.969-03-0111 2600 W.E M RD 544 DWG NO 969001 DWG WYLIE.TEXAS 75098 972-442-4045 ACTION AGENDA __ FOR THE SPECIAL CALLED CITY COUNCIL MEETING OF DECEMBER 1, 2003 AGENDA COUNCIL ACTION/STAFF FOLLOW-UP Mayor John Mondy called the meeting to order at 6:30 p.m., CALL TO ORDER with the following council members present:Mayor Pro Tem Eric Hogue,Councilwoman Reta Allen,Councilman Merrill Young,Councilman J. C.Worley,Councilman Chris Trout, and Councilman Randal Shinn. Staff members present were:Assistant City Manager,Mindy Manson;Public Information Officer,Mark Witter,and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Pro Tem Hogue led the prayer. Councilman J. C. Worley led the Pledge of Allegiance. EXECUTIVE SESSION Mayor Mondy recessed into executive session at 6:32 p.m. In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551.074 Personnel Matters regarding the City Manager. Section 55 1.071, Government Code. Meeting with city attorney concerning City Manager on a matter in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. RECONVENE INTO OPEN MEETING Mayor Mondy reconvened into open session at 728 p.m. /"Y% A motion was made by Mayor Pro Tem Hogue,seconded by Take any action as a result of Executive Session, including but not Councilman Shinn to the resrgruition of City Manester limited to, the continuation, termination, or the acceptance of the Biff Johnson as of tlav becoming effective December 2, resignation of the City Manager's employment and the appointment 2003 and to approve the severance and release a of an Acting City Manager and the development of a transition plan, - authorizes payment of a severance pay •1 o Mr. if necessary. Johnso r p ':' • oil' 'Paragraa A, of the employment agreement between Anthony Johnson and the City of Wylie and to authorize the Mayor to sign the same, subject to striking Paragraph 5,the confidentiality clause. A vote was taken and passed 7-0. Mayor Pro Tem Hogue made the motion that if Mr.Johnson did not agree to and execute the severance and release agreement, as revised, by December 2, 2003 at 5:00 p.m., that Mr. Johnson be terminated effective at 5:00 p.m.today, December 1, 2003 and Mr. Johnson be paid the severance pay referred to in Section 3,Paragraph A of the employment agreement between the City of Wylie and Anthony Johnson. The motion was seconded by Councilman Young. A vote was taken and passed 7-0. A motion was by Councilmanhmn,sseconded y Councilman Worley to appoint Assistant City Manager P, Mindy Manson as Interim City Manager. A vote was taken and passed7-0. With no further business before council the meeting was ADJOURNMENT adjourned at 7:30 p.m.