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01-10-2012 (City Council) Agenda Packet Wylie City Council CITY OF WY LIE NOTICE OF MEETING Regular Meeting Agenda January 10, 2012 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. January 10,2012 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the December 13, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of November 30, 2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2011. (L. Bantz, Finance Director) D. Consider, and act upon, Resolution No. 2012-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) E. Consider, and act upon, Ordinance No. 2012-01, amending Zoning Ordinance 2007- 04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. ZC2011-08 (R. 011ie, Planning Director) F. Consider, and act upon, Ordinance No. 2012-02, amending Zoning Ordinance 2006- 04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 (R. 011ie, Planning Director) G. Consider, and act upon, Ordinance No. 2012-03, amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 (R. 011ie, Planning Director) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending PD 2011-28 for proposed Single Family Detached development to modify existing PD Conditions. The 36 acre tract is located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2012-01 (R. 011ie, Planning Director) Executive Summary Permanent zoning was established for the subject property with the adoption of Ordinance 2011-28 on December 13, 2011. The PD allowed for maximum number of 110 single family residential dwellings on minimum 8,500 s.f. lots,with multiple open space areas including a public hike&bike trail. January 10,2012 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 2. Consider, and act upon, approval of Resolution No. 2012-02(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of West Brown Street from FM 1378 to Ballard Avenue. (C. Holsted, City Engineer) Executive Summary The 2003 Collin County Bond Program included $4,453,750 for the construction of West Brown Street from FM 1378 to Ballard Avenue. The project consists of constructing a 4-lane divided concrete roadway, a distance of approximately 8,900 feet. 3. Consider, and act upon, issues surrounding the use of a 19-acre parcel owned by the City of Wylie generally located near the northwest corner of F.M. 544 and Sanden Boulevard. (S. Satterwhite, Executive Director, WEDC) Executive Summary In September 2011 the WEDC presented to Council issues surrounding the utilization of 19 acres out of the 254 Wells tract for commercial purposes. While the Council was generally supportive of the commercial use, several questions remained unanswered relating to (a)any future sale and the impact on the tax-exempt status of the Certificates of Obligation(CO),and(b)how the proceeds of any future sale must be utilized. READING OF ORDINANCES WORK SESSION • Discussion regarding appropriation of funds to the Public Art Program for the Public Works Building. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. January 10,2012 Wylie City Council Regular Meeting Agenda Page 4 of 4 ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. CERTIFICATION I certify that this Notice of Meeting was posted on this 6th day of January, 2012 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed _9(11 Wylie City Council CITY OF WY LIE Minutes Wylie City Council Meeting Tuesday, December 13, 2011 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation, and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATION • Presentation of 2"d 6 weeks Star Students: Respect (Mayor Hogue) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of"Respect." Each six weeks one student from each WISD campus is chosen as the "star student." • Presentation of Mayor for the Day to Patrick Ames. (Mayor Hogue) Mayor Hogue introduced "Mayor for the Day" Patrick Ames. He explained that Patrick received this distinction by winning the silent auction for Draper Elementary. The silent auction raises Minutes December 13, 2011 Wylie City Council Page 1 funds for the PTA. Mayor for the Day Ames was sworn in by Mayor Hogue and assisted Mayor Hogue for the remainder of the meeting. • People to People Ambassador Program Report By: Emilio Ames Emilio Ames gave a short presentation regarding his experience in the People to People Ambassador Program. Emilio spoke to council about his trip to Scotland, Ireland, Wales and England through the program. He thanked the Wylie City Council and citizens who supported his goal to be part of the program and stated that the investment they made grew through the knowledge and experience he gained through the program. • 2011 WISD Student Winners of the "Light Up the Arts" Design Contest for the 2011 Wylie Arts Festival Mayor Hogue and Councilwoman/Public Arts Advisory Board member Spillyards presented certificates to the first and second place campus winners of the "Light up the Arts" design contest. Councilwoman Spillyards noted that many submissions had been received and the Public Arts Advisory Board had a difficult time selecting the winners. The winners included: Claire Mosby and Preston Fredericks as first and second runner up respectively for WISD Davis Intermediate; Sydney Hamil and Simon Ung as first and second runner up for Watkins Elementary; Sarah Fuller and Nailin Carrillo as first and second place runner up for Cooper Junior High School; Alisha Seddique and Shreya Jadav tied as first place winners from Draper Intermediate, and Alexus McKeague first place from Wylie High School. • Presentation of the new City of Wylie Police Badges by Wylie Citizens Police Academy Alumni Association. (Mayor Hogue and Police Chief Duscio) Police Chief Duscio thanked the Wylie Citizens Police Academy Alumni Association for providing the new badges explaining that this group of volunteers takes their time to assist the police department and citizens of Wylie. Kevin Fennell, president of the association presented Chief Duscio and the Wylie Police Department with new badges for each of the officers. Chief Duscio accepted the badges noting that to date there have been 166 officers killed in the line of duty, a 14% increase over last year. Duscio stated the badge means more than just a piece of tin; it is a symbol to honor for all police officers. "We are very proud to wear it". CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Former Mayor Jim Swartz representing the Wylie Advocates for Senior Living addressed council asking the City to match a grant offered to the WASA. Swartz reported the grant match was $13,000 with 2 for 1 matching funds returned at $26,000. This grant offer will expire on December 31, 2011. Bobby Heath, president of the Downtown Merchants Association addressed council stating Minutes December 13, 2011 Wylie City Council Page 2 that the Wylie Arts Festival was faced with inclement weather the day of the event. He noted that it was a credit to staff that the event was moved inside and was so successful. All downtown merchants had a profitable day. He stated that the downtown merchants would be in favor of moving the event permanently to the FBC Events Center and Ballard Avenue. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the November 8, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2011. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation for October 31, 2011 and November 30, 2011. (S. Satterwhite, Executive Director WEDC) E. Consider and act upon, Ordinance No. 2011-27 creating a construction work zone for traffic and temporarily reducing the rate of speed on East Brown Street from SH 78 to Stone Road. (C. Holsted, City Engineer) F. Consider, and act upon, Ordinance No. 2011-28, amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD- SF) to accommodate a proposed single family residential subdivision on an approximate 36 acre tract generally located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2011-06 (R. 011ie, Planning Director) G. Consider, and act upon, Ordinance No. 2011-29, amending PD 2003-01, Section 4.06 to modify parking and landscape requirements as it relates to theater development. ZC 2011-07 (R. 011ie, Planning Director) H. Consider, and act upon, an Interlocal Agreement between Collin County and the Rita and Truett Smith Public Library for funding in the amount of$31,896.78. (R. Orozco, Library Director) L Consider, and act upon, authorizing the City Manager to enter into an agreement for custodial services with Commercial Building Maintenance, Inc. for the provision of custodial services for City facilities. (I Butters, Assistant City Manager) Council Action Minutes December 13, 2011 Wylie City Council Page 3 A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. ZC2011-08 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that at the September 27, 2011 meeting, Council directed staff to pursue amending the regulation of Mini-warehouse uses within Light Industrial (LI) Districts. As adopted by Ordinance Number 2007-04 Mini-warehouse (Self Storage uses are allowed by right within the LI and Heavy Industrial zoning districts and requires an SUP within Corridor Commercial zoning districts). 011ie explained that with the abundance of mini-warehouse facilities throughout the city, staff is proposing to minimize such uses in the future. 011ie stated that although the intent of this proposed amendment is not to prevent entrepreneurship, it is to put safeguards in place that discourages an over-abundance of same type uses and prevent the likelihood of failed businesses and empty facilities. The re-use of mini-warehouse self-storage type facilities is very limited. Currently there are at least 9 actively operating mini-warehouse (Self-Storage) facilities within the 75098 zip code. These facilities are within approximately a 3 mile radius of Wylie's major intersection of S.H. 78 and F.M. 544. According to available data within the Reference USA databases there are over 130 business listings categorized as Storage-Household & Commercial, Warehouses-Commodity & Merchandise and/or Warehouses-Private & Public uses within a 10 mile radius of S.H. 78 & F.M. 544. Planning Director 011ie explained that the Commission discussed and voted to recommend that Section I.WHOLESALE, DISTRIBUTION & STORAGE be amended to reflect Mini-warehouse (Self-storage) be allowed only with an SUP within Light Industrial and Heavy Industrial Districts and prohibited in all other districts. 011ie reported the Commission voted 6-0 to recommend approval of the proposed amendment. Public Hearing Mayor Hogue opened the public hearing for zoning case 2011-08 at 6:50 p.m. asking anyone present wishing to address council on this item to come forward and keep their comments to 3 minutes. No one was present to address council on this item. Mayor Hogue closed the public hearing at 6:50 p.m. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to amend Zoning Ordinance 2007-04, Article 5, Section 5.1(1) Wholesale, Distribution & Storage Minutes December 13, 2011 Wylie City Council Page 4 establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. (ZC2011-08) A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject amendment is presented in an effort to better define "Pawnshops" and where they are located throughout the City. The current ordinance does not take into account the definition as used by the Finance Code of the Texas State Statutes. Currently Pawnshops are allowed within Community Retail (CR), Commercial Corridor (CC), Light Industrial (LI), Downtown Historic(DTH) and South Ballard Overlay (SBO) Districts. 011ie reviewed the current Pawnshop definition and the recommendations to the current definition of Section F.2.F.18: Current: a. Definition: Pawn Shop means a facility for loaning money on the security of personal property and the sale of unclaimed property. e.Additional Provisions:None Amended as follows: a. Definition: Pawn Shop means a facility licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. e. Additional Provisions: Must be licensed in accordance with the Texas Finance Code Chapter 371, and as amended. Currently Pawnshops are allowed within Community Retail (CR), Commercial Corridor (CC), Light Industrial (LI), Downtown Historic (DTH) and South Ballard Overlay (SBO) Districts. In accordance with the Finance Code an original licensed pawnshop cannot be within two (2) miles from an existing licensed pawnshop. Furthermore, the relocation of a licensed pawnshop must be at least one (1) mile from an existing licensed pawnshop. 011ie reported that currently there are 2 pawnshops licensed to operate within the city of Wylie. One operating at 1000 N. Highway 78 (CC District) and the other in the process of opening at 104 S. Ballard Ave. (DTH District). According to available data within the Reference USA databases there are over 20 business listings categorized as Pawnbrokers, and/or Trading Posts within a 10 mile radius of S.H. 78 & F.M. 544. Planning Director 011ie reviewed the three proposed new definitions to include Section F.2.F: 25. Antique Shop (Inside Sales) a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. An Antique Minutes December 13, 2011 Wylie City Council Page 5 Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop", in that it does not market common, contemporary used household goods, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past eras. e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition: Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms;jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. e. Additional Provisions: All permitted districts: (1) SUP required in NS District. (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are permitted only in areas designated on the site plan filed with the City. (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight "for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. Minutes December 13, 2011 Wylie City Council Page 6 (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. 011ie reported the Commission discussed and voted to recommend that Section F.2.F.18 be amended to reflect Pawnshop be allowed only within the Light Industrial District, and prohibited in all other districts. This proposal conforms and adheres to State Regulations regarding Pawnshops and Municipal authority. It was further decided that new uses be added to the Retail category to put in place safeguards to better define and separate antique shops, secondhand goods and used merchandise/resale shops from general merchandise uses. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. She noted this requirement has been met. 011ie reported the Commission voted 6-0 to recommend approval of the proposed amendment. Public Hearincl Mayor Hogue opened the public hearing for zoning case (2011-09) at 7:05 p.m. asking anyone present wishing to address council on this item to come forward and keep their comments to 3 minutes. No one was present to address council on this item. Mayor Hogue closed the public hearing at 7:05 p.m. Council Comments Councilman Jones asked if car title establishments were included. Planning Director 011ie replied that they were not but were included under alternative financial institutions. The pawnshop category is truly pawnshops licensed by the state. The city will require a copy of the current license from the state. Councilwoman Culver asked Ms. 011ie if the city had any current pawnshops that were not licensed. Ms. 011ie reported that current pawnshops were licensed. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Culver to approve amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. (ZC 2011-09) A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing and consider, and act upon, amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is located at the southwest Minutes December 13, 2011 Wylie City Council Page 7 corner of FM 544 and Sanden Boulevard. Consisting of three undeveloped separate tracts totaling approximately 33 acres, all but four acres are currently zoned Commercial Corridor(CC). The remaining four acres abutting F.M. 544 are zoned Business Government (BG). 011ie explained the property was located southwest of F.M. 544 and Sanden Boulevard intersection, the vacant 33 acre property abuts both roadways. Bayco Industries is immediately to the south, and is zoned LI and being used for industrial, light manufacturing and storage uses. Sanden Corporation, an industrial manufacturing & assembly campus is located to the east across Sanden Boulevard, and zoned Light Industrial. Property immediately to the west is WISD's practice fields (Wylie High School). The applicant is requesting to rezone the property to Planned Development-Commercial Corridor (CC) District to allow for a medical office campus. The initial phase (northwest of the natural channel) will consist of a two-story, 51,878 square foot medical facility providing 24-hour emergency medical care, medical care specialties and auxiliary medical offices. Subsequent phases are shown as concept only and all final site plans shall require Planning &Zoning Commission approval. The design of the building does conform to the zoning ordinance and the surrounding areas. The requested parking spaces are 9 X 18 ft. rather than the 10 X 20 ft. called out by the zoning ordinance. The commission discussed the medical facility would not have the traffic of other facilities much like the theatre approved previously. WEDC Director Sam Satterwhite addressed council stating that PM Realty identified Wylie as a region they needed to be in. Twelve months ago PM Realty came to WEDC and started discussing this project. Satterwhite stated that in his opinion, this is the best use of the property. PM Realty asked for 6 provisions which include underground utilities, signage, construction materials, size of parking spaces, median improvements and thoroughfare impact fees. He stated that the median, fees, and utilities would be discussed in a later agenda item. He noted that this was an important development by itself, but the key was the future commercial opportunites created to the west, east and north which create the long term benefit. Applicant Comments Applicant Kerry Burdon representing P.M. Realty Group addressed council stating that the facilities in the surrounding areas had expanded quickly. He explained that the current market did not allow for a hospital at this time but what this facility would provide is a full service emergency room that can provide trauma care to stabilize patients to be transported to a major hospital and will provide stroke care to patients within the area. Mr. Burdon explained the goal of the company is to expand this facility into a full scale medical facility. He noted that this is only the first phase of this goal. Public Hearincl Mayor Hogue opened the public hearing for zoning case (2011-010) at 7:15 p.m. asking anyone present wishing to address council on this item to come forward and keep their comments to 3 minutes. With no one wishing to speak, Mayor Hogue closed the public hearing at 7:15 p.m. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to approve amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. (ZC 2011-10) A vote was taken and the motion passed 7-0. Minutes December 13, 2011 Wylie City Council Page 8 General Business Tabled from 10-25-2011 Motion to remove from the table and: Council Action A motion was made by Councilman White, seconded by Councilman Jones to remove Item #4 from the table and consider. A vote was taken and the motion passed 7-0. 4. Consider and act upon the acceptance of the withdrawal of a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage equal to or larger than 16,000 square feet. Staff Comments City Engineer Hoisted addressed council stating that on October 25, 2011 the Wylie City Council tabled this item to receive additional information regarding the request and other issues. The applicant has asked that this request be withdrawn. He noted that Skorburg will be submitting a preliminary plat for Phase II that fits within the existing PD and will be presented to council in a future agenda item. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to accept the withdrawal by Skorburg of the request to construct an estate residential street section on portions of the Braddock Place Property that serve lots with square footage equal to or larger than 16,000 square feet. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, approval of a Retail Development Agreement between the City of Wylie and B & B Theatres Operating Company, Inc. (S. Satterwhite, Executive Director WEDC) Staff Comments WEDC Executive Director Satterwhite addressed council stating that this is a very exciting project. B&B Theatres proposes purchasing a 10.8 tract from the Herzog Development Corporation and the construction of a 57,787 square foot, 12-screen all digital theatre. The facility will be located near the southwest corner of F.M. 544 and Woodbridge Parkway. B&B will close on the tract on or before March 31, 2012 with construction to be completed on or before December 31, 2013. Satterwhite explained that the WEDC has designed a $600,000 incentive package which is a combination of $225,000 in infrastructure assistance and up to $375,000 in sales tax reimbursements. Through the attached Retail Development Agreement and a WEDC Performance Agreement both the City of Wylie and WEDC will each be reimbursing to B&B an amount equivalent to 1/2 cent of the sales tax generated from the project which is collected by the City on retail sales for a period of 5 years. Upon issuance of a certificate of occupancy, the WEDC will be funding a $100,000 grant for qualified infrastructure assistance along with $25,000 per year for 5 years thereafter. In order to receive any or all public assistance, B&B must comply with all terms of the Retail Development Agreement and the WEDC Performance Agreement. Minutes December 13, 2011 Wylie City Council Page 9 Satterwhite explained that based upon estimates for property taxes generated to the City and WISD, and sales taxes generated by the City general fund and 4B Corporation, the return on investment will be 1.5 years. He noted that the City is only committing 1/2 cent of its 1 cent sales tax attributed to general fund collections and that no reductions in development fees are being contemplated. Satterwhite noted that the Retail Development Agreement placed before you has amended the square footage requirement to 56,000 square feet and language in Section 2 reflects a combined economic incentive of$600,000 and deleting the reference to Exhibit C. He requested these items be included in the motion if approved. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve a Retail Development Agreement between the City of Wylie and B & B Theatres Operating Company, Inc. amending the square footage requirement in Section 1 to 56,000 square feet, amending language in Section 2 of the Agreement to reflect a combined economic incentive of $600,000, and further amending and deleting the reference to Exhibit C. A vote was taken and the motion passed 7-0. 6. Consider and act upon approval of an Impact Fee Agreement between the City of Wylie and PM Realty Group. (S. Satterwhite, Executive Director WEDC) Staff Comments WEDC Executive Director Satterwhite addressed council stating that PM Realty Group proposes the construction of a 51,878 square foot medical office building. The estimated investment in the land, real property improvements, and personal property is $9.1 million. The Wylie community has been asked to fund improvements to the median on F.M. 544 providing west bound traffic direct access to the site, bury overhead lines fronting the PM Realty site, and reduce the thoroughfare impact fees attributed to the new construction. Satterwhite explained through a Performance Agreement with the PM Realty, the Wylie Economic Development Corporation (WEDC) will fund all improvements to the median. Engineering has been quoted at $14,000 with construction estimated at $109,835. The WEDC has expanded the scope of the design and construction to accommodate an east bound turn lane into the 19 acre tract owned by the City of Wylie directly across from the PM Realty site. Satterwhite stated the WEDC is currently negotiating with Oncor Electric for the burial of overhead lines adjacent to the PM site. It is the WEDC's intent to bury all lines from Sanden Boulevard to Muddy Creek but it may be cost prohibitive to do so. The current estimate for burial is $289,000 for Oncor lines alone with Time Warner estimates not available at this time. Discussions are currently taking place with Oncor which may greatly reduce the WEDC's financial outlay or provide a funding scenario which extends the time frame for payment. The proposed Impact Fee Agreement reduces the Thoroughfare Impact Fees from $234,147.80 to $40,000. Based upon a $9.1 million investment, estimated property taxes paid to the City of Wylie and WISD, and the above improvements/reduced Thoroughfare Impact Fees, the return on investment to the community is 4.4 years. This figure does not reflect the impact to sales tax from employees and customers or to the housing market. Further, the calculation only factors in the current investment and not the ancillary development to the east and west of the PM site, nor its impact on the City of Wylie commercial property to the north. Minutes December 13, 2011 Wylie City Council Page 10 Satterwhite reviewed amendments to the agreement which were placed before council. These included amending the acreage acquired by PM Realty from 3.33 acres to 3.59 acres and further amending the City of Wylie representative authorized to execute the agreement to Mayor Eric Hogue. Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tem Byboth to approve an Impact Fee Agreement between the City of Wylie and PM Realty Group, LP, amending the acreage being acquired by PM Realty from 3.33 acres to 3.59 acres, and further amending the City of Wylie representative authorized to execute the Agreement to Mayor Eric Hogue. A vote was taken and the motion passed 7-0. WORK SESSION • Presentation of funding issues surrounding the extension of Woodbridge Parkway. WEDC Executive Director Satterwhite addressed council stating that for the past six months the City Engineer has been involved in negotiations between the cities of Sachse and Wylie, Herzog Development Corporation, and Collin County for the extension of Woodbridge Parkway from Hensley Lane in Wylie to State Highway 78 in Sachse. The contemplated 4-lane design also includes the construction of a bridge adjacent to North Texas Municipal Water District (NTMWD) property. Several commercial projects in Wylie and Sachse have accelerated the need for the extension and have prompted Collin County officials to take a more active role in the project. The bridge over Maxwell Creek (Hooper Road) was originally included in the 2003 Collin County Bond program. The bridge was estimated to be 150' long and the project cost was estimated at $1,138,500 with the County funding half of the project ($569,500) and the Cities of Sachse and Wylie funding 25% of the project ($284,625 each). The City of Wylie contracted with Kimley-Horn and Associates for the design of the project which was funded by Collin County. Satterwhite explained that various alignments for the bridge and roadway were considered before the current alignment was recommended. The factors considered in determining the alignment were the location with respect to adjacent property owners, the location of the NTMWD landfill, approval from the National Resource Conservation Service, approval from FEMA, and approval from the Army Corps of Engineers. He noted the city is still waiting on final approval from the Corps but expect it within the next 60 days. While in 2003 it was originally estimated that the bridge improvements were 50% in Wylie and 50% in Sachse, the above factors caused the bridge to be located 27% in Wylie and 73% in Sachse. WEDC staff is proposing joint funding of the project with the WEDC taking the lead in financing the project and the City of Wylie contributing as thoroughfare impact fees are accumulated in the west zone. Assuming the County's participation at 50%, the WEDC could finance $2 million over 10 years. With an estimated $700,000 collected in thoroughfare impact fees for two active projects on Woodbridge Parkway, the City Council could choose to commit $350,000 initially to the construction project and immediately reduce the debt load on the WEDC. Staff references only 50% of the anticipated thoroughfare impact fees because the balance is committed to Herzog Development Corporation via a previous Reimbursement Agreement. Minutes December 13, 2011 Wylie City Council Page 11 Staff also proposes that all future thoroughfare impact fees generated along Woodbridge Parkway be dedicated to WEDC debt reduction. Satterwhite explained that the WEDC Board of Directors met on 12-9-11 with unanimous support for WEDC funding of the proposed Woodbridge Parkway improvements and the development of an interlocal funding agreement. Satterwhite asked for direction from council. Direction from council was to continue to research funding options including the contribution by Collin County and report back to council. • Library Department Overview. Library Director Orozco gave a short overview of the Smith Public Library. She provided an organizational chart and explained the individual library services and employees that provided those services. Orozco presented programs that were provided for adults, teens and children and displayed a video of some of the staff providing the weekly story time and other programs. Mayor Hogue convened into Executive Session at 9:00 p.m. reading aloud the exceptions below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflict with the Open Meetings Act and for which the City seeks advice regarding the following pending litigation: Cause No. 366-01521-2011; Wylie Economic Development Corporation vs. Sanden International (U.S.A.), Inc. §551.087 (Economic Development) ; Closed Meeting of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act): consideration of issues surrounding an incentive agreement between the Wylie Economic Development Corporation and Clark Street Development. Mayor Hogue reconvened into Open Session at 9:50 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Sessions. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2011-27, 2011-28, and 2011-29 into the official record. Minutes December 13, 2011 Wylie City Council Page 12 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Goss to adjourn the meeting at 9:55 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes December 13, 2011 Wylie City Council Page 13 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: January 10, 2012 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 28, 2011 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2011. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2011. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB December 28 2011 City Manager Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2011 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,069,720 318,814 510,626 2.99% A FRANCHISE FEES 2,241,000 24,737 24,737 1.10% B LICENSES AND PERMITS 411,000 29,072 66,309 16.13% INTERGOVERNMENTAL REV. 600,272 10,264 17,210 2.87% SERVICE FEES 2,716,000 213,949 237,009 8.73% C FINES AND FORFEITURES 307,000 25,023 48,466 15.79% INTEREST INCOME 19,000 752 1,458 7.67% D MISCELLANEOUS INCOME 335,500 4,369 55,168 16.44% OTHER FINANCING SOURCES 1,681,997 0 0 0.00% REVENUES 25,381,489 626,980 960,983 3.79% USE OF FUND BALANCE 934,010 NA NA NA E TRANSFER FROM EMERGENCY COMMUNICATIONS 248,224 NA NA NA TOTAL REVENUES 26,563,723 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 82,681 13,086 20,195 24.43% CITY MANAGER 700,600 61,724 91,145 13.01% CITY SECRETARY 252,154 21,544 32,196 12.77% CITY ATTORNEY 128,000 -328 15,918 12.44% FINANCE 893,964 79,875 111,583 12.48% FACILITIES 467,209 27,581 49,415 10.58% MUNICIPAL COURT 279,959 18,562 33,343 11.91% HUMAN RESOURCES 201,183 17,613 25,691 12.77% PURCHASING 118,314 12,129 17,467 14.76% INFORMATION TECHNOLOGY 981,411 192,476 276,417 28.17% POLICE 5,658,953 479,380 910,112 16.08% FIRE 5,771,680 452,126 894,168 15.49% EMERGENCY COMMUNICATIONS 1,153,663 121,379 163,992 14.21% ANIMAL CONTROL 331,331 26,627 41,819 12.62% PLANNING 485,760 45,344 65,425 13.47% BUILDING INSPECTION 681,298 61,168 89,732 13.17% CODE ENFORCEMENT 253,671 19,095 28,668 11.30% STREETS 1,306,972 88,654 197,404 15.10% PARKS 1,563,859 108,488 258,464 16.53% RECREATION 212,050 1 980 0.46% LIBRARY 1,386,731 137,246 242,619 17.50% COMBINED SERVICES 3,652,280 153,641 379,408 10.39% TOTAL EXPENDITURES 26,563,723 2,137,411 3,946,161 14.86% REVENUES OVER/(UNDER)EXPENDITURES 0 -1,510,431 -2,985,178 -11.07% A. Property Tax Collections for FY11-12 as of November 30 are 3.60%,in comparison to FY10-11 for the same time period 3.69%. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2010-11 revenue with the remaining fees coming from WAVE and other seasonal fees. D.Interest Income: In relation to the last 12 months the current interest is in line with projections. E. Use of Fund Balance:to supplement Debt Service and Replacement/New Fleet and Equipment. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2011 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 10,341,000 1,062,103 1,102,874 10.67% INTEREST INCOME 15,000 1,148 2,131 14.21% MISCELLANEOUS INCOME 35,000 3,505 7,263 20.75% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 10,391,000 1,066,756 1,112,268 10.70% F UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,050 46,645 59,956 20.32% UTILITIES-WATER 1,116,406 71,679 176,202 15.78% CITY ENGINEER 438,935 32,984 54,430 12.40% UTILITIES-SEWER 660,027 37,856 136,997 20.76% G UTILITY BILLING 597,373 57,273 109,780 18.38% COMBINED SERVICES 9,053,765 679,093 1,650,950 18.23% TOTAL EXPENDITURES 12,161,556 925,530 2,188,315 17.99% REVENUES OVER/(UNDER)EXPENDITURES -1,770,556 141,226 -1,076,047 -7.29% H F.Most Utility Fund Revenue billed in October are applicable to FY 2010-11. G.Payment to NTMWD for October 2011 and September 2012 required to be paid in October 2011. H.Use of Fund Balance for Public Works Building renovations approved with Water Rate Study and Community Park Utility Infrastructure. Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: January 10, 2012 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 28, 2011 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2011. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for November 30, 2011. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB December 28 2011 City Manager Page 1 of 1 2011-2012 Investment Report November 30, 2011 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $46,813,648.75 MMA 0.1080% Texpool 12/31/2006 NA 2 $15,010,045.00 MMA 0.0973% TexStar 3/15/2011 NA $61,823,693.75 Total Weighted Average Coupon: 0.11% Money Markets: $61,823,693.75 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $61,823,693.75 Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: January 10, 2012 Item Number: D. Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Budgeted in individual Date Prepared: January 4, 2012 Budgeted Amount: departments Exhibits: Resolution Subject Consider, and act upon Resolution No. 2012-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. Recommendation Motion to approve Resolution No. 2011-01(R) establishing the Wylie News as the "Official Newspaper" of the City of Wylie; and further establishing the Dallas Morning News (Collin County and Metro East Sections) as the secondary paper for notices requiring specific legal requirements. Discussion Texas Local Government Code, §52.004 states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. (a)Designating Official Newspaper. The publication must be a newspaper as defined by § 2051.044, Government Code. The section defines the term newspaper as: § 2051.044, (a) (1) any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest (2) published not less frequently than once each week, (3) entered as second class postal matter in the county where published (4) Having been published regularly and continuously not less than twelve (12) months prior to the making of any publication... Page 1 of 2 Page 2 of 2 2051.044, (b)Publication of Notice in Newspaper. Where a law which requires or authorizes the publication of a notice in a newspaper by a municipality, and does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published, the above requirements pertain; additionally a municipality shall publish notices in a newspaper that is published in the municipality, and which meets the above requirements and will publish the notice at or below the legal rate. If no newspaper published in the municipality meets these requirements, then the municipality shall publish the notice in a newspaper that is published in the county in which the municipality is located and will charge the legal rate or a lower rate. GC §2051.048. Publication rates for the Wylie News and Dallas Morning News have not varied from last year (see attached). Some legal notices require that the notice be published in all counties within the incorporated city; in this case the city attorney's office has noted that it is best to publish these notices in the three county editions of the Dallas Morning News as well as the Wylie News. The City of Wylie Home Rule Charter additionally states in Article Xl, Section 2; The City Council shall declare an official newspaper of general circulation in the city. All captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper. The Wylie News meets the criteria for official publication as provided by the statute and provides the most cost efficient legal notice fees. The Wylie News has been the official newspaper for the City for many years. Approved By Initial Date Department Director CE 1/4/12 City Manager RESOLUTION NO. 2012-01 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE. WHEREAS, Section 52.004,Local Government Code,requires the City Council of the City of Wylie, Texas("City Council")to determine,by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the Wylie News is a public newspaper of general circulation and: (1) devotes not less than 25%of its total column lineage to general interest items; (2) is published at least once a week; (3) is entered as 2nd class postal matter in the county where published; (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice; and WHEREAS,the City Council finds that the Wylie News is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Wylie; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: (1) The Wylie News is designated as the official newspaper for the City of Wylie for Fiscal Year 2012, commencing January 1, 2012. (2) This Resolution is effective immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, and this the 12th day of January 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution 2012-01(R) Establishing Official Newspaper 2012 PULICATI N CiST Sit MA Dallas Morning News Wylie News January 2012 WALLAS O NING NEWS (COLLIN COUNTY AND METRO AST SECTION) Legal Notices (Ordinance Captions, Public Hearings P& Z) Zoned Edition Open (no contract) $2.55 per line/$15 liner-$20 display online With Contract($3,000/yr.) $1.60 per line/$15 liner-$20 display online (Based on 11 columns per page) Full Dallas Morning News Open $14.00 per line/$15 liner-$20 display online Full Dallas Morning News ($3,000/yr) $5.50 per line/$15 liner-$20 display online Classified Rates (Election Notices)Full DMN only $14.00 per line/$15 liner-$20 display online With Contract($3,000/yr.) $5.50 per line/$15 liner-$20 display online Display Rates (Budget/Tax Notices) Open $2,075.00 (1/4 page-Thurs area edition) $2,700.00 (1/4 page-Sunday areas edition) THE YLIE NEWS Legal Notices (Ordinance Captions, Public Hearings P& Z) Open (no contracts available) $2.41 per line (display online included) Classified Rates (Election Notices) $14.00 per column inch (display online, based on 8 columns per page, included in price) Display Rates (Budget/Tax Notices) $14.23 per column inch (online not available) CIRCULATION WITHIN THE CITY Dallas Morning News (for zip code 75098) 2, 782 (Mon/Sat paper) 4,258 (avg. Circulation Sunday) The Wylie News (Wylie) 6,634 (The Wylie News) The Wylie News -Notices are published in the 10,666 (total circulations) Murphy/Sachse/Wylie editions Public notices are also included in Wylie News Online which has almost 70,000 unique visitors per month. Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: January 10, 2012 Item Number: E. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 14, 2011 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2012-01, amending Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self- Storage)uses throughout the city. ZC2011-08 Recommendation Motion to approve Ordinance No. 2012-01, amending Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self- Storage)uses throughout the city. ZC2011-08 Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The amendment is to establish regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage, of the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 12/14/11 City Manager Page 1 of 1 ORDINANCE NO. 2012-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE 2007-04, ARTICLE 5, SECTION 5.1(I) WHOLESALE, DISTRIBUTION & STORAGE OF THE WYLIE COMPREHENSIVE ZONING ORDINANCE; ALLOWING FOR AND PROVIDING CERTAIN SAFEGUARDS RELATING TO MINI- WAREHOUSE (SELF-STORAGE); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution& Storage. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Zoning Ordinance No. 2007-04, Article 5 The City of Wylie's Comprehensive Zoning Ordinance No. 2007-04, Article 5, Sections 5.1(I) is hereby amended as follows: Ordinance No. 2012-01 ZC2011-08 Mini Storage SECTION 5.1 LAND USE CHARTS 7 zoning,j , j , If Residential Districts PERMITTED USES Non-Residential Districts Lois,Dennti. Afea}aaaata D rtsrry Commercial industrial Mixed Uses 1Resrdentta l Residential Residential AG130 SF- SF-201 SF-I,{O+ TB Mr MilI. Wholesale,Distribution NS CR CC BC L I H I DTH SRO L3 30 245 24 &Storage I. Auto Auction. S 2_ Contractors Maintenance p* P p Yard 3. Freight Terminal p 4_ Landfill S 5. Livestock Auction Pens or S Sheds 0 smol1 o10 e) 7. Office S p P Px P Sho'Too nWarehouse 8. Outside Storage p p 9_ Recycling Collection S S S P Center 10. warehouse/Distribution S P Center P=Permitted P*=Pernrttted with additional requirements when located in this district. S=Special Use Permit T=Teir orary Use Permit SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is Ordinance No. 2012-01 ZC2011-08 Mini Storage expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: Wednesday, January 18, 2012 in the Wylie News. Ordinance No. 2012-01 ZC2011-08 Mini Storage Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: January 10, 2012 Item Number: F. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 14, 2011 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2012-02, amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 Recommendation Motion to approve Ordinance No. 2012-02, amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The amendment is to clearly define and establish regulations regarding Pawn Shops, Antique Shops, Secondhand Goods and Used Merchandise/Resale Shops throughout the city. Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), of the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 12/14/11 City Manager Page 1 of 1 ORDINANCE NO. 2012-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE 2006-04, ARTICLE 5, SECTIONS 5.1.F AND 5.2.F (RETAIL, PERSONAL SERVICES & COMMERCIAL) OF THE WYLIE COMPREHENSIVE ZONING ORDINANCE; ALLOWING FOR AND PROVIDING CERTAIN SAFEGUARDS RELATING TO SPECIFIC RETAIL USES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial). NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Zoning Ordinance No. 2006-04, Article 5 The City of Wylie's Comprehensive Zoning Ordinance No. 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial) is hereby amended to read as follows: Ordinance No. 2012-02 ZC2011-09 Pawn Shops SECTION 5.1 LAND USE CHARTS Re±nMideaa'r'&A,Iiras aP u/2=E7SE" Alm..knidentirLD -mica Loww...Dwasit a'eesaerr ty sr"+di.endraraag $n tFINtCPd2E.i IRIA:914M11 �aIiirr�d L'Its R.emir ntma.t szdr:nsean! AG34 -1AF SP " SF`-1tL 'I'EI sIF F.Rana,P RSONko.5x'C& NS, CRi CC 6G LI 8I mo Id 2L C €t CONT_ ]4 i + -+].Mvercl?irz a or S P P P' P Food t o gale t as 5.1)=]s.`. ].5,,tme' rrl: Comer, P' P P Lumber End,at BBudding to 1s 15,.Household Ecialwriera& P P P P P lia e ? it ?.Malec V gide Fueing Steei S P P P P IL Pawl.Shop IP Amoral Selma Ure P' P P' P P P 20,.itElaur'edai oath TDa?'4 -t or Drive-tear Seraace Px Px P 21.Remanim ortaat t Lemma Drive-har .* rice P* Px Px Px P* Px Px Px 2 ,.Trod,Machinery&] ay S P E apn at Sales,Sentra or Repou 23,.Vehicle L?=plo."ales or P' P Serra 24. Beer&Wine Pgidia. p: p p+ P. Solar 25._ t i Sale) S P Px ps 26,SecoMmeard Geo& S Px 21,nea ( t a,, M s SPx P� P t= 1sr Thin Skey SECTION 5.2 LISTED USES F. Retail, Personal Service & Commercial Uses 18. Pawn Shop a. Definition: Pawn Shop means a facility licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:Must be licensed in accordance with the Texas Finance Code Chapter 371, and as amended. 25. Antique Shop (Inside Sales) Ordinance No. 2012-02 ZC2011-09 Pawn Shops a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. An Antique Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop", in that it does not market common, contemporary used household goods, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past eras. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition: Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms; jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: All permitted districts: (1) SUP required in NS District. Ordinance No. 2012-02 ZC2011-09 Pawn Shops (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are permitted only in areas designated on the site plan filed with the City. (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight "for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: (1) SUP required in NS District (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby Ordinance No. 2012-02 ZC2011-09 Pawn Shops repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: Wednesday, January 18th, 2012 in the Wylie News. Ordinance No. 2012-02 ZC2011-09 Pawn Shops Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: January 10, 2012 Item Number: G. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 14, 2011 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, Ordinance No. 2012-03, amending the zoning from Commercial Corridor (CC) & Business Government(BG)District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 Recommendation Motion to approve Ordinance No. 2011-03, the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 Discussion Owner: Richard Parker Applicant: PM Realty Group Zoning Case 2011-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The 33 acre tract is located at the southwest corner of F.M. 544 and Sanden Boulevard. Exhibits A, B, C and D are included and made a part of this Ordinance. Exhibit B establishes the design guidelines, while Exhibit C serves as the Zoning Exhibit/Concept Plan for the subject development. Final Site Plans shall be submitted and approved in accordance with Zoning Ordinance Article 8. All parking spaces shall be 9 x 18 in size. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 12/14/11 City Manager Page 1 of 1 ORDINANCE NO. 2012-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2011-10, AMENDING THE ZONING FROM COMMERCIAL CORRIDOR (CC) & BUSINESS GOVERNMENT (BG) DISTRICT TO PLANNED DEVELOPMENT-COMMERCIAL CORRIDOR (PD-CC) DISTRICT. PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development- Commercial Corridor for a Medical Center Plaza, said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions), and Exhibit "C" (Zoning Exhibit/Concept Plan), and Exhibit "D" (Building Elevations) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Ordinance No. 2012-03 ZC2011-10 Medical Plaza Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: Wednesday,January 18,2012 in the Wylie News. Ordinance No. 2012-03 ZC2011-10 Medical Plaza EXHIBIT "A" Legal Description of Site Record Descriptions are as follows: Tract 1 34.412 acres out of the Duke Strickland Survey,Abstract No. 841 and the Isaiah Clifton Survey, Abstract No. 193, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400140, Deed Records Collin, Texas. Save and Except a 2.791 acre tract and a 3.244 acre tract previously conveyed out of this tract and shown hereon. Tract 2 0.476 acres out of the Duke Strickland Survey,Abstract No. 841, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400130, Deed Records Collin, Texas. Tract 3 4.2256 acres out of the Michael Millirons Survey,Abstract No. 563, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400150, Deed Records Collin, Texas. Legal Description by this Survey: BEING a 32.876 acre tract of land situated in the Duke Strickland Survey,Abstract No. 841,the Michael Millirons Survey,Abstract No. 563 and the Isaiah Clifton Survey,Abstract No. 193, Collin County, Texas and being part of a called 34.412 acre tract of land described in deed to Parker/Scholz Properties, LTD, as recorded in Instrument 20081209001400140, Deed Records Collin,Texas,part of a called 0.476 acre tract of land described in deed to Parker/Scholz Properties, LTD, as recorded in Instrument 20081209001400130 of said Deed Records and part of a called 4.2256 acre tract of land described in deed to Parker/Scholz Properties, LTD, as recorded in Instrument 20081209001400150 of said Deed Records, said 32.876 acre tract being more particularly described by metes and bounds as follows: BEGINNNG at a 1/2-inch iron rod with cap stamped"RPLS 5686"found for the southeast corner of said 0.476 acre tract, said corner being in the west right-of-way line of Sanden Boulevard, a 55 ft. right-of-way at this point; THENCE South 86 degrees 35 minutes 29 seconds West,with the south boundary line of said 0.476 acre tract and the north boundary line of Lot 1, Bayco Addition, an addition to the City of Wylie, Texas,as recorded in Cabinet Q, Page 471, Plat Records, Collin County, Texas, a distance of 625.16 feet to a 1/2-inch iron rod with cap stamped "RPLS 5686"found for corner; THENCE Southwesterly, continuing with the northerly and westerly boundary lines of said Lot 1, Bayco Addition,the following courses: 1) South 85 degrees 03 minutes 44 seconds West, a distance of 172.03 feet to a 1/2-inch iron rod with cap stamped"RPLS 5686"found for corner; 2) South 45 degrees 54 minutes 07 seconds West, a distance of 66.37 feet to a 5/8-inch iron rod with cap stamped"RPLS 3949"found for corner; 3) South 65 degrees 28 minutes 44 seconds West, a distance of 122.74 feet to a 5/8-inch iron rod with cap stamped"RPLS 3949"found for corner; 4) South 83 degrees 44 minutes 13 seconds West, a distance of 85.51 feet to a point for corner from which a found 5/8-inch iron rod with cap stamped"RPLS 3949"bears South 50 degrees 42 minutes 12 seconds East, a distance of 0.21 feet; 5) South 52 degrees 51 minutes 45 seconds West, a distance of 131.49 feet to a point for corner from which a found 5/8-inch iron rod with cap stamped"RPLS 3949"bears North 66 degrees 04 minutes 47 seconds East, a distance of 0.37 feet; 6) South 13 degrees 41 minutes 41 seconds West, a distance of 54.30 feet to a southwest corner of said Lot 1 and the northwest corner of Lot 2 of said Bayco Addition; THENCE South 21 degrees 16 minutes 27 seconds West,with the west boundary line of said Lot 2, a distance of 13.22 feet to a point for corner in the center of Muddy Creek, said corner being in a northerly boundary line of Lot 1, Block A,Wylie High School, an addition to the City of Wylie, as recorded in Cabinet Q, Page 551 of said Plat Records; THENCE Westerly,with the meanders of said Muddy Creek and with the common boundary lines of said 34.412 acre tract and said Lot 1,Wylie High School addition,the following courses: 1) North 30 degrees 37 minutes 25 seconds West, a distance of 19.64 feet to a point for corner; 2) North 40 degrees 21 minutes 09 seconds West, a distance of 87.35 feet to a point for corner; 3) North 89 degrees 37 minutes 11 seconds West, a distance of 16.36 feet to a point for corner; 4) South 65 degrees 02 minutes 43 seconds West, a distance of 28.77 feet to a point for corner; 5) South 19 degrees 20 minutes 18 seconds West, a distance of 66.34 feet to a point for corner; 6) South 04 degrees 58 minutes 28 seconds East, a distance of 29.74 feet to a point for corner; 7) South 20 degrees 54 minutes 14 seconds East, a distance of 9.68 feet to a point for corner; 8) South 45 degrees 27 minutes 21 seconds West, a distance of 20.58 feet to a point for corner; 9) South 87 degrees 06 minutes 08 seconds West, a distance of 38.34 feet to a point for corner; 10) North 76 degrees 19 minutes 40 seconds West, a distance of 25.88 feet to a point for corner; 11) North 57 degrees 32 minutes 09 seconds West, a distance of 39.17 feet to a point for corner; 12) North 47 degrees 53 minutes 03 seconds West, a distance of 12.59 feet to a point for corner; 13) North 34 degrees 55 minutes 16 seconds West, a distance of 15.50 feet to a point for corner; 14) North 14 degrees 10 minutes 16 seconds West, a distance of 44.32 feet to a point for corner; 15) North 20 degrees 08 minutes 45 seconds West, a distance of 14.19 feet to a point for corner; 16) North 71 degrees 03 minutes 15 seconds West, a distance of 7.40 feet to a point for corner; 17) South 64 degrees 23 minutes 34 seconds West, a distance of 110.08 feet to a point for corner; 18) North 68 degrees 49 minutes 06 seconds West, a distance of 19.23 feet to a point for corner; 19) North 53 degrees 24 minutes 11 seconds West, a distance of 24.85 feet to a point for corner; 20) North 30 degrees 11 minutes 00 seconds West, a distance of 32.14 feet to a point for corner; 21) North 01 degrees 16 minutes 20 seconds West, a distance of 59.71 feet to a point for corner; 22) North 36 degrees 38 minutes 13 seconds West, a distance of 22.42 feet to a point for corner; 23) South 89 degrees 47 minutes 17 seconds West, a distance of 24.92 feet to a point for corner; 24) North 63 degrees 14 minutes 03 seconds West, a distance of 32.04 feet to a point for corner; 25) North 63 degrees 48 minutes 37 seconds West, a distance of 23.89 feet to a point for corner; 26) North 49 degrees 55 minutes 34 seconds West, a distance of 78.46 feet to a point for corner; 27) North 25 degrees 33 minutes 30 seconds West, a distance of 26.76 feet to a point for corner; 28) North 05 degrees 55 minutes 09 seconds East, a distance of 26.65 feet to a point for corner; 29) North 07 degrees 43 minutes 00 seconds East, a distance of 71.21 feet to a point for corner; 30) North 25 degrees 32 minutes 25 seconds East, a distance of 12.97 feet to a point for corner; 31) North 87 degrees 10 minutes 27 seconds East, a distance of 16.71 feet to a point for corner; 32) North 37 degrees 31 minutes 11 seconds East, a distance of 15.88 feet to a point for corner; 33) North 31 degrees 39 minutes 59 seconds East, a distance of 20.16 feet to a point for corner; 34) North 18 degrees 21 minutes 19 seconds West, a distance of 26.25 feet to a point for corner; 35) North 01 degrees 17 minutes 01 seconds East, a distance of 20.44 feet to a point for corner; 36) North 55 degrees 09 minutes 50 seconds West, a distance of 13.98 feet to a point for corner; 37) North 71 degrees 23 minutes 52 seconds West, a distance of 23.16 feet to a point for corner; 38) North 56 degrees 00 minutes 03 seconds West, a distance of 9.09 feet to a point for corner; 39) North 68 degrees 05 minutes 49 seconds West, a distance of 28.30 feet to a point for corner; 40) South 54 degrees 13 minutes 47 seconds West, a distance of 41.23 feet to a point for corner; 41) South 22 degrees 21 minutes 03 seconds West, a distance of 46.33 feet to a point for corner; 42) South 43 degrees 26 minutes 27 seconds West, a distance of 58.73 feet to a point for corner; 43) South 58 degrees 03 minutes 07 seconds West, a distance of 55.27 feet to a point for corner; 44) South 70 degrees 02 minutes 57 seconds West, a distance of 48.16 feet to a point for corner; 45) North 78 degrees 31 minutes 32 seconds West, a distance of 23.08 feet to a point for corner; THENCE North 04 degrees 17 minute 53 seconds East, departing said Muddy Creek and continuing with a common boundary line of said Wylie High School addition and said 34.412 acre tract,passing a 1/2-inch iron rod with yellow cap stamped "RPLS 3963"set for reference at a distance of 23.00 feet and continuing a total distance of 596.63 feet to the northwest corner of said 34.412 acre tract and an ell corner of said Wylie High School addition from which a found 1/2-inch iron rod bears North 81 degrees 05 minutes 56 seconds West, a distance of 1.87 feet; THENCE South 88 degrees 44 minute 32 seconds East,with a common boundary line of said Wylie High School addition and said 34.412 acre tract, a distance of 385.87 feet to a southeast corner of said Wylie High School addition and the southwest corner of said 4.2256 acre from which a found 5/8-inch iron rod bears North 53 degrees 04 minutes 46 seconds West, a distance of 0.66 feet; THENCE North 17 degrees 12 minute 08 seconds West,with the common boundary line of said Wylie High School addition and said 4.2256 acre tract, a distance of 379.94 feet to a 1/2-inch iron rod with yellow cap stamped "RPLS 3963" set for the northeast corner of said Wylie High School addition and the northwest corner of said 4.2256 acre from which a found 1/2-inch iron rod with cap stamped"RPLS 5686"bears South 20 degrees 40 minutes 25 seconds East, a distance of 1.60 feet, said corner being in the south right-of-way of Farm to Market Road 544 (FM 544), a variable width right-of-way; THENCE Southeasterly with the south right-of-way lines of said FM 544,the following courses: 1) South 70 degrees 31 minute 42 seconds East,with the northeast boundary line of said 4.2256 acre tract, a distance of 1034.92 feet to a Texas Department of Transportation (TxDot)monument found for corner; 2) South 41 degrees 52 minute 19 seconds East, departing the northeast boundary line of said 4.2256 acre tract, a distance of 55.00 feet to a point for corner from which a found TxDot monument bears North 78 degrees 57 minutes 01 seconds East, a distance of 0.20 feet; 3) South 70 degrees 39 minute 06 seconds East, a distance of 90.00 feet to a TxDot monument found for corner; 4) South 74 degrees 04 minute 35 seconds East, a distance of 315.83 feet to a 1/2-inch iron rod with cap stamped"RPLS 5686"found for corner; 5) South 75 degrees 15 minute 18 seconds East, a distance of 130.51 feet to a TxDot monument found for corner; 6) South 39 degrees 39 minute 51 seconds East, a distance of 85.61 feet to a 1/2-inch iron rod with yellow cap stamped"RPLS 3963" set for corner; 7) South 78 degrees 31 minute 43 seconds East, a distance of 56.98 feet to a 1/2-inch iron rod with yellow cap stamped"RPLS 3963" set for corner from which a found TxDot monument bears South 63 degrees 05 minutes 06 seconds West, a distance of 0.44 feet, said corner being in the east boundary line of said 0.476 acre tract; THENCE South 04 degrees 07 minute 04 seconds East,with the east boundary line of said 0.476 acre tract, a distance of 339.56 feet to the POINT OF BEGINNING AND CONTAINING 1,432,071 square feet or 32.876 acres of land. "This description is based on the Land Title Survey and Plat made by Robert C. Myers RPLS No. 3963 on June 27, 2011." EXHIBIT "B" PLAN DEVELOPMENT CONDITIONS FOR WYLIE MEDICAL PLAZA AND BUSINESS CENTER LOCATED IN PARKER/ SCHOLZ, LIMITED PARTNERSHIP 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Commercial Corridor(CC) District set forth in Article 4, Section 4.3 of the Comprehensive Zoning Ordinance (adopted as of October 2oii) are included by reference and shall apply as provided herein. 3. The Zoning Exhibit/Concept Plan shall be adopted as a part of this Ordinance. 4. Articles, Sections, and Figures specified herein refer to City of Wylie Zoning Ordinance. In the case of conflict,the Zoning Exhibit/Concept Plan and/or this document shall take precedence. 5. Allowed building façade materials shall include architectural textured site cast concrete panels with reveal treatments and painted exterior finish. 6. The Planned Development District shall allow the following uses by right: • Helipad or landing Field w/o minimum parking requirement. • Assisted Living Apartment. The Planned Development District shall prohibit the following uses: • Animal Boarding/Kennel without Outside Pens. • Mortuary or Funeral Home. • Automobile Rental. • Automobile Repair,Minor. • Pawnshop. 7. The minimum parking space size shall be 18 feet by 9 feet. 8. Building signage shall be permitted for individual physician's practices along building façade with a maximum allowable square footage of 6o square feet per tenant suite. Signage shall be aluminum fabricated reverse channel individual letters with brush aluminum finish and internal illumination. Monument signage as allowed by current zoning. \ \ \ \ \ \\\ \ \ ----- \ \ \ \ \ /// // \\ F�^Roc�aa / / 1 / / n cku / / Pa // / MEDICAL OFFICE ' // l>\\ / 51,2I8 GSF // r-�-_ // / \ Y� ii_ii,.,�,.�i Ili. // /// / \_ 9 s, ----------. ! = ; ----1 �,E E // f//y,,7 // �, ,, i / I , cv o /r / , l r \ \ / rr / V A / ) vv WEST TRACT / /j, / \ \ /—/ FENA FLOODZONE AE \\ 22.5E5 ACRES IGROSS) // //r // PANEL 48025C04154 \ 13.045 ACRES iNET / / \\\ \'\ I PANEL 48025C04204 \ / ( / \ _ A A I OVERALL LOMR:10-O6-1838P / A V / \ \\ I 1.432,071 SO FT. \\ // /� // \ \ I 32.8]fi ACRES LOCATION BASED ON \ / // / \ V tom FLOOD STUDY �_i // \ V A, PERf-0MEDBv / ------- \ MIKE PE / \ ED \ \\ NATHAN D.MAIER CONSULTING // / ///////////////�//////�//////////� \ \ \ ENGINEERS,INC. / , / \\\\ \.. �/� SITE DATA SLNNARV vvvvv �_� �„�� ZONING EXHIBIT/CONCEPT PLAN V / `°� ZONING CASE 2011-10 WYIJE MEDICAL OFFICE \ \ ^\ \\ EXHIBIT C vv vv N. i' / \,v E� IM Really Group McCAIIA Os SUITE R B '__�/ ali oti�s Ta20, li � _ ,..E ;ao,bx FRI TEXAS T5039 `S n4-2.=3T (9,l 421-1527OW vvvv (/�/ �/ ,E VOA. 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Tao°a°A � CANOPY STONE COLOR EXAMPLE EXTERIOR RENDERING a°NN EAST ELEVATION pCAONNETETE SITE CAST TILT-IJP "N�N°N sA�E�N, E,E" PANEL MPOSITE METAL PANEL L,,,c E" A . 1�0 L,b- 4 - � PAIN,<°�°a a ® �I�, ems- - EL,,,_o ME 1111M ■ ■ ■ ■-■ ■- ■ ■- ■ ■_ i ■ _J■ ■ ■ ■ ■ ■ L ® ■ META IKIMMI=L PANEL NE,AL PAN PAIN,COLOR A NE„�PANEL 4 ��A� °� A�` SOUTH ELEVATION ��E gym" ° °NP°s,E NE,�PA"EL STONE VENEER ROOF SCREEN „�,°P ° BEN _ _ _ =s �,3s c EEN°a°°E A� �1 OP�oE. titiHill . v�. av �xr ram. zE _ - EL„<° C zr _ =es _ ,. ®® PAN,cam A m®®_®_mac®®�m_�_e_ coN 4 CANOPY E,�P"EL NORTH ELEVATION xA�E�� Z:11 ING CASE 2011-10 WYLIE N�EDIC AL OFHCE EXHIBIT"D" RealtyGroup McCALW os °,z�P4�a�oz°, :aK 6L Wylie City Council AGENDA REPORT CITY OF VVY IE Meeting Date: January 10, 2012 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 4, 2012 Budgeted Amount: Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, amending PD 2011-28 for proposed Single Family Detached development to modify existing PD Conditions. The 36 acre tract is located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2012-01 Recommendation Motion to approve amending PD 2011-28 for proposed Single Family Detached development to modify existing PD Conditions. The 36 acre tract is located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2012-01 Discussion Owner: Bloomfield Homes Applicant: Jim Douglas with Douglas Properties, Inc. Permanent zoning was established for the subject property with the adoption of Ordinance 2011-28 on December 13, 2011. The PD allowed for maximum number of 110 single family residential dwellings on minimum 8,500 s.f. lots, with multiple open space areas including a public hike& bike trail. Since the adoption of the ordinance; the applicant became aware of standard regulations restricting garage doors from facing a public street. In the applicant's original request a specific provision for `front entry' units was granted by adoption of the zoning exhibit excluding alleys. Also after the adoption of the Ordinance, the homebuilder, Bloomfield Homes has acquired the property and will be the sole builder for the subdivision. The applicant's team designed an innovative neighborhood based on `front entry'-garages facing primary streets. The applicant/developer, homebuilder and their entire design team has since worked through the City's Residential Design Standards and this request is a result of those efforts to create a country feel in a suburban setting. The property's northern boundary abuts Brown Street which will soon be widen to a six (6) lane undivided collector. The property has native vegetation with various groups of mid-to large trees and has varying degrees of topography, mostly sloping towards Rush Creek. Rush Creek is a natural tributary to Lake Lavon and a prominent feature of the terrain as well as multiple open space areas. The applicant/owner is requesting an amendment to the PD-SF District to allow for more detailed innovation that creates a themed planned development neighborhood. The suburban single family residential neighborhood will focus on preserving natural open spaces and providing pedestrian paths& connections in its design. Although the proposed amendment does not meet all the standards of the current zoning ordinance, it does present a well planned development that meets and/or exceeds other development goals and objectives of the Page 1 of 2 Page 2 of 2 Comprehensive Plan in meeting a general benefit to the City as a whole. PD districts allows for innovation in development projects envisioned by the City's Comprehensive Plan. Further, single family residential developments should be sensitive, compatible in scale, character and intensity with surrounding residential neighborhoods. The prominence of 100 year flood plain, Rush Creek, open spaces and tree canopy groups allows for such creation. The current Comprehensive Plan designates Medium Density Residential for the area of this request. Medium Density Residential category is for single family detached houses requiring minimum 10,000 square foot lots and may be permitted to have special design standards. Adjacent single family residential properties to the east were developed under the 1999 Comprehensive Land Use Plan requiring minimum 8,500 square foot lots. The applicant has provided a zoning exhibit to serve as preliminary plat(Exhibit C) for this proposal as well as Exhibit B,which establishes additional design guidelines. The applicant has collaborated with Park's Department staff and the City's Park's Board in the dedication and construction of public hike & bike trail, open spaces and other recreational amenities (Exhibit P) that will be incorporated through the proposed neighborhood. In summation; the proposed amendments to the recently approved provisions shall include the following for your consideration: • Two four acre open space areas along the creek with a public pavilion, 8-foot hike & bike trails with multiple benches and tables for public use, as well as a tot lot. • Unique monument entryway signage for identification and screening, providing a consistent theme and identification throughout the neighborhood including decorative paving and/or pavers at pedestrian cross sections. • Garage doors may face primary street front with an upgraded Cedar Door. • Provide usable porches minimum 140 square feet combined total for front, rear and/or side based on lot location in providing outdoor living space and synergy with natural surroundings. • Rear yards abutting open space will have wrought iron fences installed. Perimeter walkways and landscaping along Brown Street shall be coordinated with the City Engineer in conjunction with Brown Street improvements. Notification/Responses: Thirteen (13) notifications were mailed, with one (1) written response returned favoring the request and none opposing the request at the time of posting. Planning Commission Discussion The Commission asked for clarification regarding landscaping and irrigation as to whether it would be installed by the builder at the time of development. The applicant stated it would. There was additional discussion regarding fencing of those lots that back up to the open space. The applicant stated that the wrought iron fences would be installed at the time the house is built by the builder and maintenance would be the responsibility of the homeowner. All park improvements would be built to City Standards including the solar controlled lights. Commission voted 7-0 to recommend approval. Approved By Initial Date Department Director RO 01/04/12 City Manager I State Highway No. 78 "'- 1 r. . . . , . . - • ' .. - 11 ' ' --.....2: ' ' 1/inglir'll'L-1477:\\\ r J i 1 y __..--_--_ r��11I1111111111►h,r i �'• • ' p lill hiill �;■ y. a p1I11111111111s• i,•' , :iiIIIIIIiiii1*1\�� - t. Subject i I �g `, Property �� _ _.__..r�ii1IIIII: 1111i111IIIli�tw ` A�.,�"17 Milinii IlHa .11iini>t h �;�; 1I111111i! DII111IIIIIIilrllt' I ``e� i �l' �1 ir�r lll11i1Ii1il[Il iiiuI-li IIh -VIIIM nmm�mm�M_',A,1_��11111- lam .--4-1=rAiiiiiim MI NM 1 ■ E W:: ""` ` , a a IIIIIIIIIIIIIMI� ; NMI Mtn r i I ,_„INw alll _- >-FIm =C' . _ ,a .JIm.� rwi Irmu [ III 1 I l`i 11111 1n ==n - ..„ .,. sI Ill "lIIliA. KHm1Jii i. i 1it �® 1n1 212 i' ■umuililb E „...„...„ ....,z.r, „! 11111 iiii' Jllill�il �� r 1. 11111111, dial/ �`i11. - 11111II1111111" E - 11111 ■�. -4111111111 �• C a : , -.2,/i1111 11 ■:111111j e' `. ''w '_ UN III �' fill 1 ■ = E Sun r „w 1111111ltftE 1111 wil , II hIMI IA- m Um1111111■,t _!U& N...I� __ , .=,. 5 L - nllill -:iG'C L`^�O �i� , ■■ Mgt 1 ►a.0 ■ 1 I, T1t1ItiL) W 1 1r;•i1r'g LOCATION MAP ZONING CASE #2012-01 Exhibit"A" Legal Description Zone Case#2012-01. Being a part of a 147.026 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, conveyed to G.C. Kreymer, Archie Kreymer, Clifton Kreymer, and Billy Kreymer by Orville Kreymer by partition deed recorded in Volume 949,Page 634 of Collin County Deed Records, said tract more fully described as follows: Beginning at the southwest corner of Eastridge Addition, an addition to the City of Wylie as recorded in Cabinet F, Page 715; THENCE,N 88°44'37" W, a distance of 475.53 feet to a point for corner; THENCE,N 20°09'37" W, a distance of 751.22 feet to a point for corner; THENCE,N 87°08'37" W, a distance of 100.00 feet to a point for corner; THENCE,N 02°55'50"E,a distance of 1281.71 feet to a point on the south right-of-way line of East Brown Street as recorded in Document#20090826001074420 to a point for corner; THENCE, S 88°36'37"E, along said south right-of-way line of East Brown Street a distance of 871.97 feet to a point for corner; THENCE, S 02°58'47"W, leaving said south right-of-way line of East Brown Street a distance of 1982.17 feet to the Place of Beginning and containing 1,553,744 square feet or 35.6690 acres of land. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2012-01 I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10 District (SF-10) set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 - Single Fami1y8.5 District (SF-8.5) Lot Size (Minimum) Lot Area (sq. ft.) 8,500 Lot Width(feet) 70 Lot width of corner Lots (feet) 90 Lot Depth(feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations (Minimum Square Footage) 15% of the lots 1,800 35% of the lots 2,000 50% of the lots 2,200 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements-Main Structures Front Yard (feet) 25 Side Yard (feet) 7 Side Yard of Corner Lots (feet) 15 Side Yard of Corner Lots (feet) on key lots 25 Rear Yard (feet) 25 Rear Yard Double Front Lots (feet) 30 Lot Coverage 45% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 110 lots. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required within the property. 5. Lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 6. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 7. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 8. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 9. Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association (HOA). A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system and test all backflow devices annually as per City requirements. e. Maintain playground equipment, pavilion, benches, tables, concrete trail, and any other installed improvements, per Exhibit "P". Coordinate with the City Park Department prior to the replacement or removal of any improvement for consistency with City Park standards. f Maintain slopes and topography to prevent erosion. B. City responsibilities of amenities include: a. Perform playground safety inspections by qualified personnel. b. Schedule pavilion reservations for the public. 10. All Park Amenities as described in Exhibit "P" and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy. III. DESIGN REGULATION CHART: A. Land Design Requirements A. Land Design Requirements (In Accordance with Exhibit "P") ELEMENT a.BASE STANDARD(ALL DEVELOPMENT b. DESIRABLE STANDARD MUST COMPLY FULLY WITH ALL LISTED (THE FOLLOWING DESIRABLES WILL BE BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Public Open Space a. Trail shall be constructed to the City's Single-loaded street along open space. standards. b. 6 & 8 ft. hike & bike trail and open space improvements, per Exhibit"P". c. Provide benches per Exhibit "P". d. Trees along Brown Road. Perimeter Walkways and Coordinate with City of Wylie Landscape Lighting and Furnishings along a. Solar-controlled lighting, common a. 4 Benches, 2 Picnic Tables, 1 Pavilion open space easements and trails throughout and 4 Benches with backs per and 1 Tot Lot, per Exhibit "P". Exhibit "P". b. Decorative paving and cross-walks at b. 8 ft wide at main entry street connections c. 7 ft at interior street connectors. B. Street and Sidewalk Requirements B. Street and Sidewalk Requirements (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY (THE FOLLOWING DESIRABLES WILL BE WITH ALL LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Entry Features and Architectural features on stone monument(no Wrought iron accent panels, or 2 or more different Signage at Entries brick) with landscaping and incorporated into type/color of stone (can be synthetic or cultured). open space area and illuminated by means other than street lights. Street Name Signs Including block numbers, incorporated with street lighting coordinated throughout. Pedestrian Crosswalks Connected system of decorative pavers at Trail 8 ft. wide, connected system of decorative pavers at Crossings per Exhibit "P". Trail Crossing at Main Entry. Sidewalk Locations 4 ft concrete, both sides of street. Mail Boxes Paired at lot line where applicable. Number Stone same as house exterior trim. plaque, brick same as resident. Sidewalk Lighting Low-illumination with solar controls, on decorative poles every 250' to 350' apart (intersections & mid-block alternating sides). Perimeter Alleys No alleys are required. C. Architectural Requirements C.Architectural Requirements (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH (THE FOLLOWING DESIRABLES WILL BE ALL LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Building Bulk and Articulation Minimum 25% of street facade offset minimum 2 ft, minimum 60% total area on 1t floor of all 2-story House Numbers Lighted front stone wall plaque beside main entry. Exterior Facade Material 80% brick or masonry stucco, with 20% stone or decorative brick accent Porch 140 square feet combined total covered front entry, 50 square feet or larger front entry, or rear entry or side entry. Minimum of 50 sf for connected wrap-around two or more sides, or front porch on dwellings with front facing garages. pitched cover incorporated into roof lines of house Chimneys Chimney enclosed with masonry matching exterior 40% stone to match house accent material for walls and capped houses with Chimneys. Roof Pitch 8:12 minimum roof pitch; with articulation, dormers or hip/gable Roof Materials Architectural-grade overlap shingles, tile or standing seam metal, no wood shingles, Paint rooftop accessories to match Roof Eaves No wood fascia or soffit Repetition of floor plan and 7 lots skipped on same side of street before elevation repeating similar floor plan and elevation, 4 lots skipped opposite side of street, and no identical or flipped floor plans side by side or directly across street C.Architectural Requirements Cont. (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL (THE FOLLOWING DESIRABLES WILL BE LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Garage entry a. Door may face primary street front with an upgraded Cedar Door. Garage shall be a minimum of 500 square feet. Dwelling Size Minimum dwelling size exclusive of garages and breezeways Fencing a. Front: 4 ft maximum height, 50%transparent, wood or wrought iron. b. Side/Rear: 8 ft maximum height, wood w/metal posts & rails to inside. c. (No pressure treated wood). d. 6 foot Wrought Iron fence adjacent to the open space. Landscaping Sod front, rear, and side yards and minimum 2 trees Automated, subsurface irrigation system and 5 shrubs in front yard. Outdoor Lighting Front entry and drive/garage illuminated by standard Front facade and drive/garage illuminated by porch light down-light(tree-or house-mounted) or up- light(house-mounted), and front- and side- yard activity area illuminated, wired to interior. Conservation/Sustainability Complies with Energy component of Building Code IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Exhibit "P" and the following criteria: 1. Provision of Public Pathways - Public Open Space a. Base Standard (1) Trail shall be constructed to the City's standards. Open space parkland shall be in accordance with Exhibit "P" as adopted by this ordinance. (a) 8' Hike & Bike Trail, with 6' in front of dwellings, achieving link in city trail system. (b) Open Space Improvements, including 1 Pavilion and 1 Tot Lot, 4 park benches, and 2 picnic tables. (c) Decorative pavers shall be installed at trail crossings. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access 404 Street i Subdivision Development Public Open Space Easement - " '� _..•- `' Open Space b. Desirable Design Attributes Single-loaded Street along open space and access per Exhibit"P". 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Exhibit "P" and coordinate improvements of Brown Road with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Exhibit "C" The following trees and shrubs are recommended for landscaping and screening purposes: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress Bradford Pear 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore b. Desirable Design Attributes None 3. Lighting and Furnishings Along Open Space, Easements and Trails a. Base Standard (1) On open space easements, public walkways and trails provide: Solar- controlled lighting, per Exhibit "P" (2) Benches with backs installed per Exhibit "P" (3) Provide decorative paving and cross-walks at street connectors. (4) 8' wide decorative paving crossing at main entry; 7 ft wide at interior street connectors per Exhibit "P" b. Desirable Design Attributes (1) 4 Benches, 2 Picnic Tables, 1 Pavilion and 1 Tot Lot, per Exhibit "P", to be coordinated with Parks Department. (2) 8' wide decorative paving crossing at main entry; B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments —Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Wrought iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). 4` .,s"-2' " my `c °Y �`6r' ,y fJ s i ��t T+f�%^�rfd' F'uf�rr�l3� s„. F ': ;kfs..4 �' a -� " "`' # "' 2. Street Treatments — Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Street Treatments —Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 7 feet wide at trail crossings and must connect to a pedestrian sidewalk system of decorative pavers with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft. wide, connected system of decorative pavers at Trail Crossing at Main Entry. 4. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 5. Mail Boxes a. Base Standard Mail boxes shall be paired at the lot line where applicable and shall provide number plaque and brick to match the resident. b. Desirable Design Attributes: Same stone as house exterior trim to mail boxes. 6. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. I r b. Desirable Design Attributes: None 7. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the facade shall be offset a minimum of 2 feet either protruding from or recessed back from the remainder of the facade. A minimum of 60 percent of the total area shall be on the 1st floor of all 2 story dwellings. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco, with 20 percent stone or decorative brick accent, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. N. �� r' , "` ��-° d ,� , $b s � i�� lei s .....vieweioneigararillit ,{," f 41° :M ,, rangy`y"$µ ti �?s, ,' b. Desirable Design Attributes: None 4. Exterior Facades —Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 140 total square feet of floor area. To enhance livable outdoor space front porches shall be a minimum of 50 s.f with railings columns or other architectural features for all dwellings that have front facing garages with cedar doors. v.. 44,7414,4k �� ,fin � `� sY Y ? � P d"i p. e a �1725r f F - Pb T rRmY'vm'fih W { i 2d1 { ,{,,) b. Desirable Design Attributes: 50 square feet or larger front entry, or connected wrap-around on two or more sides, or pitched cover incorporated into the roof line of the house. 5. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone, matching the accent exterior facade materials of the house for houses with Chimneys. 6. Roofs and Roofing - Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. 12 92 its 1? Minimum Roof c€? Pitch Allowed 8.12 6'? 4 1— b. Desirable Design Attributes: None 7. Roofs and Roofing - Roofing Materials a. Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing - Roof Eaves a. Base Standard No wood fascia or soffits are permitted,yr . r � - � MPS ce .+ �� A‘e � 3N w; ,shd .. _.r',, ,,.x,m ,,,.tee..":x ., ,,.a.,3., , ...>•.. r °.......A�'.�:" b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of seven (7) platted residential lots must be skipped on the same side and four (4) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. L.L_I. L.-L.L.L.IJ.-L.1.L.L_ .-L. . -r'T'T'T'I1'T'T'T'11 01K 'T'T' . NO 7 65 4 3 2 1 1 2 3 4 6 7 4 LO &� IP ED OP OSITE IIDE OF STREET 7 LOTS SKIPPED SAME SIDE OFT-T. . 7 6 , 5 , 4 . 3 I 2 11 IE1I 1 . 2 4 5. . . 6 7 NO IOK I I I 1 I 1 I IOKI I I 1 T•T•T•T I I I I T'11' ' ' ' 11'T'T'T•'I-f 1'T'T'• Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded Cedar door. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 500 square feet. z;,I%7ieV /ir _3 P .r ,ice /% f/tr / / ///01 i``Y;,°: ;./ /j . r 44 �'a - ra s �,i r ., u..4:4,ih {.ia..%rY,as 0ie? `uArdPmlf3`£1''�t�'r�r.;.s ,/ l / ; b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall be (15%) of the houses 1,800 s.f. , (35%) of the houses 2,000 s.f. , (50%) of the houses 2,200 s.f measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences (if provided) shall be permitted to a height of 6 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. (4) Fences shall be constructed of wrought iron next to open space, and shall be maximum 6 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front facade and drive/garage shall be illuminated by down-light (tree or house mounted) or up-light (house mounted), and front and side yard activity area illuminated and wired to the interior of the house. ry t9� a f��% rti r ' � 144, � � r „>% $fie - _ fi / ;? - :w - t 4� � � fib;: a is r 4' ./ ry 7 Y h�'��- f ,{; tip f ,¢ .. ,`, N. pi 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. Each residential dwelling unit shall be equipped with Energy Star appliances. b. Desirable Design Attributes None Li 4, EUBANKS LN W EAST OIDGE ADDITION U 'j H -Pc-J15W 10WO�� 9I 111 10Don&M4RILANu �u i L L a I9.OJ9O3 9"]C094043 1ro e0 0 100 200 �t Gi836ACRES o W.A. ALLEN f 9; VOL4229,PC.I388 BLVD. SCALE:I -100' ROONET&DOLORES SMITH '�l N 3.931 ACRES voL 4229. I48e IIiiiii W..11/11111111111/11111 TRIDGE ADDI _ r - S .. T.3PSIOnE� Ana.L P,"93I �� IF PLACE OF j EGINIVING v F. W 7 , O UU .V I U .TONE AS ROVE 111111111113111111 4 G.G.Pc.n3 I_' L qGROV OeAYr�0�� ,,,161111111 �� I � I P A �, � , �� u....„,10, 7 6 5 ONCOR ,VON — �� 4 SWITCHING STATION mmin V PEN 5"ACE ii VOL.2008,PG.631 -TOZAZI=11=1:rigaPPIP , re .I TM IP! lommir,..„.:......MT: /< -1 �.�4GA DESAKIN ADDITION II19111 _ voLzoos.Pc.37e 1. ;Ill I 0.2 .f ———J N WYLIE INDEPENDEC NT S0 2448.P.867 .22 1111 BLocn4 LOTI � vcL.z44e:rs.e6T 1� �4� TIeBALS INVESTMENT PARTNERSHIP LTO 24.020A404 1 4) FR.C,ACRE6 1 N aq, e E 1ee171. / s ono a t / / a# ARCHIE A.&NORA M.TRUSTEES / OF REVOCABLE TRUST 30 982 ACRES 9M098211 EXHIBIT "C" KREYMER ESTATES LOCATION MAP N.T.S. BEING 36.475 ACRE IN THE CITY OF WYLIE, COLLIN COUNTY,TEXAS 1 00 RESIDENTIAL LOTS S.H. No. 7e OCTOBER 12, 2011 AREA^r A AREA ^r B AREA ^r C AREA ^r D AREA^r E BILL OKREYMER WNER .- Hockberry E Breen - _ Bois d C ' Li P.O.Bog 487.UIla,Tool 75088 -L m Lite Oak (10 to 20 Trees 0 cadet Ceder Cedar 972- -IBBB 6 edder-10'edper (20 to JO Trees O Uro Oak (20 to JO Trees O DEVELOPER yys,�T 2 (10 to 20 Trees 0 I0l to be soled) 6 caper-1?caper Post Oa 6�odger-I2 cd1er DOUGLAS PROPERTIES INC. TRACT ? 6'cdper-6'eater �to be saved) Cottonwood 20%to be soled) 1 7328 Amon K+911b 101+flea,Teas 75074 y 6Oltobesorod) 972-472-1858 Wherry E Stone Oda. (50Trees 0 TIP TON J0�� i6II7l/�IIf4. INC. 1/1 sox to be soled) 77 UM a.ug.C.K.I i Sa 7a-sr rhova0Otbtenenaaan e103.1 I Jq K ��, 4 5 O / Z EUBANKS LN. w EasrR,LiIDGE ADDITION u N — I Itl iHLj A 11 , to WJI a rr 19.00..43 p 9]�09a0a3 2 G./SIXKILLER Q U 10a 50 0 1W 200 5r L&;kn�Rs o W.A. ALLEN BLVD. 9 VOL 3223.P.�.. a8 I.., SCALE:1*-1CA ROONEY&DoLARES SMITH n% 3.93pACIIL's liii IJJUIIiIi.ii . RDGEADD ill .L.422_,Pc.14IJR PLACI I I I I � BEGINNING V. H' • 1 I I I I I I I I I I I I — —r_ /2 W I I I I T 00 TNE Ltl ,1 I I j 1 1 j 1 I I L--L--L--J L _II L L I O PHASE I -- Y L L 1 J J 1 1 1 1 1 1 I I i A� TONE ASE I (n T' 1 L L L 1 LR.C/P;.,3 1 0.11 �t �k, t . t ��7 1 f T Y� I t`4,.t �.v ,. tt 1 T' T' T �1 I STONE GROVE _— H tLl. t 7 \ PHASE I y t `t t tt t T} "'" 1� _ Pc 173 Z 1 t ,, :Ltt 4.FQF' 't -1n _J 1 I . --i I 1 1 I I I 1 1 T C tax 0 >\ �. rat` 'Cl 3 t, a�., . m, t y "W'' -- _I _I '$T I t �zT N U ti tt ,T r 7 ---i 1 4 L 1 1 M t pa W I%a 7�tt v._.�k .`"tL`.T T tti \ M �'`�\Eti . .,�....\,�l 1 1 1 1 1 t 6, u�..v'.iv.'u�`m "�i t 040 A 1 1 1 1 1 II / 'z,'E:,'4. I a 6 5 4 J ONCOR LAVON • F: SWITCHING STATION F 1 ~`\ ` ytg L.l`tT L L 1 J1 t 1 acI 20G8.Pc.H31 f T- T' x "% T t R •f----I I 1 I 1 r T 'O 0 t �� t t.`-a tt t, I-I— y-----1 I I I I 1 1 1 1 I ' 41 y '•, E ...i, I I ,..�.I 1 � ,. i t 'T `,l:`t'c 4,�'`.t I II 1 1 \. T \.� / II Ct t r .t t aC `�. I I I I I 1 trI I T `� t ,`` / F t $ L.��, ,---5---4-- / II F t AKIN ADDITION I � 1 1 E L 1 1 1 1 1 7, €'nt a. \ \`T° .7,.. 7^1 ,� �t tl� V," voL zoCa,Pe.sTe 1 1 1 1 1 1 1 I 1 1 1 A,t t Tt:�t qlV, 1`� t t / L--1--J--J— LL-- I II ice ~`c,., t.tt 1 t t tat � L--L--1--1- N T �( ti �� \tL1`�tt �` 3 N \N/LIE INDEPEN DENT .-- 1 Ir --T -/ \\\ -,,z ve r0 '` A e00LADISSTRICT / \ �. L t t V 2448.PG 867 / I I It \\ `t N ' TIBBAL sr T PARmER-DH P LTD - I __ -L I II I 1 1 I I II \ \ tt z4_Bc OACR s J_ t tt - -A229830 N 02Se$p.c!tun, L l = h la u3 ARCHIE A.&NORA M.TRJSTEN OF REVOCABLE TRUST 3,9932 Acrr_S EXHIBIT "P" OPEN SPACE=8.8 83 ACRES KREYMER ESTATES LOCATION MAP N.T.S. FLOODPLAIN=3.7364 ACRES BEING 36.475 ACRE IN THE =5.0819 ACRES CITY OF WYLIE, COLLIN COUNTY,TEXAS 2800 L.F. HIKE&BIKE TRAIL 100 RESIDENTIAL LOTS DECEMBER 15. 2011 S.H. No. 78 2 OPEN SPACE IMPROVEMENTS -• OWNER -• H (®DENOTES PAVILION) HILL KREYMER 41 E.Brown Street ( DENOTES TOT LOT) P.O.Bops 483..Wfl(4 taros 75098 STz-au-t888 (o DENOTES PARK BENCH) DEVELOPER SUBJECT DOUGLAS PROPERTIES INC. TRACT (®DENOTES PICNIC TABLE) 2309 Avenue K Suite 101..Plonq Texas 75074 E.scone Driverji( X DENOTES DECORATIVE PAVERS AT TRAIL CROSSING) g 4zz tsse / z EXACT LOCATION OF THE HIKE&BIKE TRAIL TO BE TIPTON ENGINEERING. INC. +/ DaIBITS gt."c.RNINNe. 781-067 DETERMINED BY THE DEVELOPER AND THE CITY OF WYLIE em en.ry Btd.eatr C.evinl,T 75015. rhovasOtiptaneng.com 4em ti) C'arI w rA 688-1 C ��r,/�,n - _ __ - _ - _ yid' o F ire St, _ _ __ __ - _ rl - - East St - - - - -- -- - - Oak r _ _ : __ • - - - _ - __ __ _ _ =tip ✓ Circ le -_- __ __ _ _ - _ o r 0 Sf _ : _ tom, • ,F« war'^ _ __ _ w:»7 - - - - an-�a - - - - eL YLane : i - _ _ surrey �- - . r a 1 a.) OWNER NOTIFICATION 1v AP ZONING CASE #2Q12-41 NOTIFICATION REPORT APPLICANT: Jim Douglas of Douglas Properties, Inc. APPLICATION FILE 2012-01 2309 Avenue K#100 Plano,Texas 75074 # BLKIABST LOT/TRACT TAX ID. # PROPERTY OWNER NAME ADDRESS Applicant-Jim Douglas 2309 Avenue K#100 1 Douglas Properties, Inc. Plano,Texas 75074 Eastridge Addn 113 N.WA Allen Boulevard 2 Blk B Lot 1 R-2114-00B-0010-1 Sam Mayfield Wylie, Texas 75098 Eastridge Addn 111 N.WA Allen Boulevard 3 BIk B 2 R-2114-00B-0020-1 Glenda McCraw Wylie,Texas 75098 Eastridge Addn 109 N.WA Allen Boulevard 4 BIk B 3 R-2114-00B-0030-1 Christopher Carrington Wylie,Texas 75098 Eastridge Addn 107 N.WA Allen Boulevard 5 Blk B 4 R-2114-00B-0040-1 Mitchell Swan Wylie,Texas 75098 Eastridge Addn 105 N.WA Allen Boulevard 6 Blk B 5 R-2114-OOB-0050-1 Wesley Vincent Wylie,Texas 75098 Eastridge Addn 103 N.WA Allen Boulevard 7 BIk B 6 R-2114-00B-0060-1 Elvis Tucker Wylie,Texas 75098 Eastridge Addn 101 N.WA Allen Boulevard 8 BIk B 7 R-2114-00B-0070-1 Moses Ochieng Wylie,Texas 75098 Eastridge Addn 1050 Fairview Drive 9 BIk C Lot 1 R-2114-00C-0010-1 Steven Salazar Wylie,Texas 75098 Eastridge Addn 1051 E.Oak Street 10 BIk C Lot 10 R-2114-OOC-0100-1 Dwayne Lowrey Wylie,Texas 75098 Eastridge Addn 1050 E. Oak Street 11 Blk D Lot 8 R-2114-00D-0080-1 Richard Herrin Wylie,Texas 75098 Eastridge Addn 102 Bobwhite Trail 12 Blk D 9 R-2114-00D-0090-1 Charles Voigt Fredericksburg,Texas 78624 Eastridge Addn 1213 Surrey Circle 13 BIk D 31 R-2114-OOD-0310-1 Gary Lightsey Wylie,Texas 75098 Eastridge Addn 101 S.WA Allen Boulevard 14 BIk E Lot 1 R-2114-00E-0010-1 Kristin Wairod Wylie,Texas 75098 Eastridge Addn 103 S.WA Allen Boulevard 15 BIk E 2 R-211400E-0020-1 Starhei Mikulovich Wylie,Texas 75098 Eastridge Addn 105 S.WA Allen Boulevard 16 BIk E 3 R-2114-00E-0030-1 Maria Huerta Wylie, Texas 75098 Eastridge Addn 107 S.WA Allen Boulevard 17 BIk E 4 R-2114-00E-0040-1 Gregory Landry Wylie,Texas 75098 Eastridge Addn 109 S.WA Allen Boulevard 18 Blk E 5 R-2114-00E-0050-1 Larry Thomasson Wylie,Texas 75098 Eastridge Addn 111 S.WA Allen Boulevard 19 Blk E 6 R-2114-00E-0060-1 Cristin Capps Wylie,Texas 75098 Eastridge Addn 113 S.WA Allen Boulevard 20 Blk E 7 R-2114-00E-0070-1 _ Jordan Ray Wylie,Texas 75098 Eastridge Addn 115 S.WA Allen Boulevard 21 BIk E 8 R-2114-00E-0080-1 Greg Fisher Wylie,Texas 75098 Eastridge Addn 201 S.WA Allen Boulevard 22 BIk E 9 R-2114-00E-0090-1 Richard McCain Wylie,Texas 75098 Eastridge Addn 203 S.WA Allen Boulevard 23 Blk E 10 R-2114-00E-0100-1 Roman Arrieta Wylie,Texas 75098 Eastridge Addn 205 S.WA Allen Boulevard 24 Bik E 11 R-2114-00E-0110-1 Vera Hensley Wylie,Texas 75098 Eastridge Addn 207 S.WA Allen Boulevard 25 BIk E 12 R-2114-00E-0120-1 Daniel Cook Wylie,Texas 75098 Eastridge Addn 209 S.WA Allen Boulevard 26 BIk E 13R R-2114-00E-013R-1 Adriel Garcia Wylie,Texas 75098 Eastridge Addn 213 S.WA Allen Boulevard 27 BIk E 15 R-2114-00E-0150-1 Jermaine Williams Wylie,Texas 75098 Eastridge Addn 1050 Surrey Circle 28 Blk F Lot 1 R-2114-00E-0010-1 Don Duncan Wylie,Texas 75098 Eastridge Addn 1051 Carriage Lane 29 Bik F Lot 11 R-2114-00E-0110-1 Lee Ann Seals Wylie, Texas 75098 Eastridge Addn 411 Foxwood Lane 30 Blk G Lot 1 R-2114-00G-0010-1 Sean Reising Wylie,Texas 75098 Eastridge Addn 1210 Surrey Circle 31 BIk G Lot 10 R-2114-00G-0100-1 _ Judson Hardage Wylie,Texas 75098 Oncor Levan Addn 300 Country Club Road#100 32 Lot 2 Blk A R-9690-00A-0020-1 City of Wylie Wylie,Texas 75098 Stone Grove 300 WA Allen Boulevard 33 BIk G Lot 1 R-2248-00G-0010-1 Gregory Morrical Wylie,Texas 75098 Stone Grove 215 WA Allen Boulevard 34 Blk G Lot 2 R-2248-00G-0020-1 Ted Burdett Wylie,Texas 75098 1011 E. Brown Street 35 Abst 688-1 Tract 53 R-6688-001-0530-1 Rodney Smith Wylie, Texas 75098 1011 E. Brown Street 36 Abst688-1 54 R-6688-001-0540-1 Rodney Smith Wylie,Texas 75098 PO Box 56 37 Abst 688-4 Tr 100 R-6688-004-1000-1 Tibbals Investment Partnership Ltd Wylie,Texas 75098 11753 S. 87th East Avenue 38 Abst 688-4 110 R-6688-004-1100-1 Archie Kreymer Bixby, Oklahoma 74008 PO Box 483 39 Abst 688-4 112 R-6688-004-1120-1 Bill Kreymer Wylie,Texas 75098 16 Las Cruces Circle 40 Abst 688-5 Tract 206 R-6688-005-2060-1 Don Light Wylie,Texas 75098 1012 E. Brown Street 41 Abst 688-5 Tract 115 R-688-005-1150-1 Gary Sixkiller Wylie,Texas 75098 PUBLIC COMMENT FO (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 cit\, I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2012-01. 1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2012-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 3,2012,6:30 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 10,2012,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Name: ber-• '3 IA) • of (please print) Address: OS-- 1 60 9 Signature: Date: / - CO NTS: t}(r)°/ ieepize/i& Ceertate4 Wylie, TX >1 ,y,, •P r -.,;, tiro _ ,•,?,,- ,a''•'" i, :�:..,. 4,s ,, "fie' 4,' •�! ,e-,r.,,- Il ,I, M , y,' g* a�1(q• +�5' yr" ,".a wit;�, �`!` • '',s �` *"'i';Vi,. ''YMt=. a €r 1 ( fit,_,. ,' �'. r , , ' . . .4. kiii h.,",,,Q,,, '' ,',',:-Sq,..),..1 ''. > oily 4fr :k"` '." li;', '. .i,�r',;!p''%%,'G`,'`'; :;,_�� f.3'P' of P;',7/ ;s Y s{a z,l.a t.r�" 'rM..� tv��l,`,i�'�', '§'^1 �;,, �w---'; i`�.t,�,.. ;fi �>>��i, _ r?..,I,"�� ,v�� •i�a.;�'qt ` .,;✓I,, ;14{�1' h� !�,=...c'��'�J3!��;µ,.�� >. :r, w' %'- tr,x. e., �'F,,,y'.ww;-" ,, 'v P w — ',A' - .�� . 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M :w.r, w.a t,z, , ".:„a, , 7" i.u% / : add toli, rr .n Unique stone and • brick exteriors Variation of • street elevations 500 SF garages • Cedar garage • doors Covered front • porches and balconies Covered rear • porches and rear balconies Fully sod back yard • with automated irrigation system Architecturally • unique interior living spaces Open, flowing plans • Dramatic windows • allow an abundance of natural light Just a few of Bloomfield’s All-Included Features 3 cm granite kitchen countertops • 42 inch, raised panel, custom wood cabinets • Stainless steel Whirlpool kitchen appliances • Oil-rubbed Venetian bronze plumbing, lighting & door hardware • Stylish rounded corners and dramatic archways • Ceiling fans in all living areas and bedrooms • Landscaping and automated irrigation system • Full energy efficiency package • Wireless security system • And much, much more…ALL INCLUDED • KreymerKreymerEstatesEstates Wylie, TX Wylie City Council AGENDA REPORT January 10, 2012 2. Meeting Date: Item Number (City Secretary’s Use Only) Engineering Department: Chris Holsted Prepared By: Account Code: November 14, 2011 N/A Date Prepared: Budgeted Amount: Resolution, ILA Exhibits: Subject Consider, and act upon, Resolution No. 2012-02(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of West Brown Street from FM 1378 to Ballard Avenue. Recommendation Motion to approve Resolution No. 2012-02(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of West Brown Street from FM 1378 to Ballard Avenue. Discussion The 2003 Collin County Bond Program included $4,453,750 for the construction of West Brown Street from FM 1378 to Ballard Avenue. The project consists of constructing a 4-lane divided concrete roadway, a distance of approximately 8,900 feet. The agreement specifies that the County shall release 50% of the funds when the City issues a notice to proceed to the low bidder and the remaining funds when the construction is 50% complete. The project is scheduled to thth be advertised on December 14 and bids will be opened on January 11. Approved By Initial Date CH 12-17-11 Department Director City Manager Page 1 of 1 RESOLUTION NO. 2012-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF WEST BROWN STREET FROM FM 1378 TO BALLARD AVENUE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the Interlocal Agreement between Collin County and the City of Wylie concerning the construction of West Brown Street from FM 1378 to Ballard Avenue, SECTION 2: This Resolution shall take effect immediately upon its passage. th RESOLVED THIS THE 10 day of January, 2012. ______________________________ ERIC HOGUE, Mayor ATTEST TO: ____________________________ CAROLE EHRLICH, City Secretary Resolution No. 2012-02(R) ILA W Brown Street Construction EXHIBIT “A” Interlocal Agreement Resolution No. 2012-02(R) ILA W Brown Street Construction INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF WEST BROWN STREET FROM FM 1378 TO BALLARD AVENUE, BOND PROJECT # 07-090 WHEREAS, the County of Collin, Texas (“County”) and the City of Wylie, Texas (“City”) desire to enter into an agreement concerning the construction of Brown Street from FM 1378 to Ballard Avenue in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to West Brown Street, hereinafter called (the “Project”). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 8,900 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total actual cost of the Project to be $12,270,000, which shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount Page 1 of Funds remitted by the County during 2012 shall not exceed $4,453,750. The Payment Schedule is as follows: (a)Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b)Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the remaining Funds not already disbursed for engineering costs under (a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c)Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d)At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. (e)The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. Page 2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. Page 3 ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By:________________________ By:__________________________ Name:_____________________ Name: Title:______________________ Title: County Judge Date:______________________ Date:________________________ Executed on this_____day of______, 2011, by the County of Collin, pursuant to Commissioners’ Court Order No.____________________. ATTEST: CITY OF WYLIE, TEXAS By:_____________________ By:_________________________ Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date:____________________ Date:________________________ Executed on behalf of the City of Wylie pursuant to City Council Resolution No._________________ APPROVED AS TO FORM: By:______________________ Name: Title: City Attorney Date:____________________ Page 4 Wylie City Council AGENDA REPORT 1-10-12 3. Meeting Date: Item Number: (City Secretary’s Use Only) WEDC Department: Sam Satterwhite Prepared By: Account Code: 1-3-12 Date Prepared: Budgeted Amount: 1 Exhibits: Subject Consider, and act upon, issues surrounding the use of a 19-acre parcel owned by the City of Wylie generally located near the northwest corner of F.M. 544 and Sanden Boulevard. Recommendation Motion to direct Planning staff to initiate the rezoning process for a 19 acre tract owned by the City of Wylie generally located at the northwest corner of F.M. 544 and Sanden Boulevard from Business Government to Commercial Corridor. Discussion In September 2011 the WEDC presented to Council issues surrounding the utilization of 19 acres out of the 254 Wells tract for commercial purposes. While the Council was generally supportive of the commercial use, several questions remained unanswered relating to (a) any future sale and the impact on the tax-exempt status of the Certificates of Obligation (CO), and (b) how the proceeds of any future sale must be utilized. In review, on January 11, 2005 the Wylie City Council authorized the issuance of Combination Tax and Revenue CO Series 2005 in the amount of $6,225,000 to finance the purchase of 254 acres from Frances Wells. The Municipal Complex sits upon approximately 175 acres with 60 acres west of FM 1378 and the remaining 19 acres south of the KCS rail line and north of FM 544. The principal balance of the CO is $4,575,000 as of February 2012 with annual debt service of ±$465,000. Attached for Council’s review is a letter from Mr. Robert Dransfield, Partner at Fulbright & Jaworski and City of Wylie Bond Counsel. Mr. Dransfield states that in his view “the sale of the 19 acres will not adversely affect the tax-exempt status of the outstanding certificates.” Mr. Dransfield continues by stating that proceeds from any sale should “be used to offset the debt service costs of the certificates of obligation that were issued to acquire the land.” While the WEDC has been promoting the change in use to encourage commercial development opportunities in the area, the more immediate goal is to formalize the issue via a zoning change from Business Government to Commercial Corridor. The change in zoning is important at this particular time so that the WEDC can be certain of the future land use prior to undertaking infrastructure improvements in the area. As reported previously, the WEDC is prepared to begin the installation of a sewer line to serve the City tract in addition to 30 acres to the east. Construction cost for the sewer line has been estimated at a ‘not to exceed’ amount of $250,000. Page 1 of 2 With the opinion letter from Fulbright & Jaworski, WEDC staff believes Council is in a position to formalize a change from the current open-space use of the 19 acres in question to Commercial Corridor. Approved By Initial Date SS 1-3-12 Department Director City Manager Wylie City Council AGENDA REPORT 1-10-2012Work Session Meeting Date: Item Number: (City Secretary’s Use Only) CM Department: Jeff Butters Prepared By: Account Code: 12-19-11 Date Prepared: Budgeted Amount: NA Exhibits: Subject Discussion regarding appropriation for Public Art for the Public Works construction project. Recommendation Discuss and give staff direction concerning the appropriation of funding for public art in connection with the Public Works construction project. Discussion Ordinance 2006-37 established the public arts program for the City of Wylie. The ordinance states that the Council may, in its sole discretion, allocate an amount equal to, less than, or in excess of (1) one percent of an eligible Capital Improvement Project (CIP) for the Cities public arts program. The Council may also exclude a CIP from the provisions of the Public Arts ordinance by passage of a resolution. The Wylie Public Works facility is a $3.5 million CIP funded by the Utility Fund. Public Art funding was not built into the project budget. There is some question/concern from our auditor and from our City Attorney as to whether it would be appropriate to utilize the Utility Fund for Public Art. Staff is seeking direction as to whether or not the Council would like to appropriate funds for public art in connection with this project. Approved By Initial Date JB 12-20-2011 Department Director City Manager Page 1 of 1