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10-16-1989 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION MEETING, CITY OF WYLIE, TEXAS MONDAY, OCTOBER 16, 1989 7 : 00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 City Secretary to administer Oath of Office to newly appointed member 2 1 - 18 Consider approval of August 28 and October 2 minutes 3 19 - 27 Conduct PUBLIC HEARING on the zoning of the properties on north side of FM 544 (across from Steele Industrial Park) 32.419 Acres out of the Moses Spark Survey Zoning Business 2 4 Consider approval of zoning recommendation to City Council to Zone 32 . 419 acres out of the Moses Spark Survey - Business 2 5 General Discussion 6 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that a committee of the City of Wylie will meet at 7 :00 P. M. on the i45, day of V41/4,‘4Z,Li ,1989 , in the Council Chambers of the Municipal Complex at 2000 Hwy. 78 North, in the City of Wylie, Texas, for the purpose of considering the attached agenda . Carolyn Jor}es,/ City r tary POSTED THIS THE4? DAY OF 6i , � , 1989, AT 9i OIl /). M. PLANNING AND ZONING MEETING MINUTES AUGUST 28, 1989 The Fl .anning and Zoning Commission of the City of Wylie met in regular session on Monday. August 28. 1985 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been postedthe + manner g i n time and required b`•r law. Members present were Chairman Brian Chaney, Vice Chairman Bart F•eddicord. Bob Skipwith and Bobby Jennings- =ta.if members present were ( ode Enforcement Officer Rcy Fires and Secretary Debbie Fletcher . Per • ;uCc- ; cind ..ece11a Wood were absent CONSIDER_APPROVAL OF MINUTES OF THE AUGUST21i- 1989 MEETING. ,airman Lhaney said on page 4. net to last pa! a,-,r-a r, second line "zoning-mean. use and need" should be ' onir, - mean i ne, USE and need" . Chairman Chaney asked for a motion DP this item_ Vice Chairman Feddicor d made a motion to apprc . e the minutes as corrected. Mr. Jenni ne_� seconded_cndedthe motion. The motion carried with all in favor . CONDUCT PUBLIC HEARING ON THE REQUEST FOR REPLAT OF LOTS 1, 7t_74 AND 5BLk' A STONE GROVE PHASE I (REDUCING THE LOTS FROM FIVE TO FOUR LOCATED OFF STONE RD. Mr. Char,,_-,.: said nine letters were mailed out. one was returned and ore :• as i r; favor of r-e p i a t. Mr . Chaney stated this request has been n before the�e Board previously. He said the State requires an - q planned use development , within the last five ye.-ar-_ of any r eplat, must mail out letters of notification to all owners of the sub- division. Mr. Faires said this plat before the Board now has not changed. The City Attorney stopped it at Council level bec.aL '-.0 of lack of notification. Mr. Faires said --__ have now notified all the property owners of the ub-divi =i un about the plat, as is required by law. The staffs previous recommendation for approval of this plat remains the same and we still strorsol y r ec.c, amend it be approved. Chairman Chaney opened the public hear-i nu with a request for the public to come forward if they would like to speak either in favor or against the plat request. Mr. Chane closed the public hearing since nobody came forward to - oee'. on this item. CONSIDER APPROVAL OF RECOMMENDING TO CITY COUNCIL THE REPLAT FOR LOTS 11 2 , 31 41 AND 5, BE,K A STONE GROVE PHASE I . Mr. �y- Chaney asked to hear from ,OW oard. Mr. Skipwith said any A time you increase the Iot4i' he is for it. Mr. Skipwith made a motion for the Board to recommend to the Cit,. Council that they approve this change of the platting of Lots I . 2, ?, 4. and 5, Block A Stone Grove Phase I . Mr. Jennings seconded the motion. All were in favor. CONDUCT PUBLIC HEARING_ON _RE_ZONI.NG_REQUEST__FOR.__TRACT__291 ABSTRACT 231ATTERBERRY SURVEY TO CHANGE ZONING FROM SINGLE FAMILY 3 (SF3) TO BUSINESS ONE (B-1 ) LOCATED ON THE SOUTHEAST CORNER OF S. BALLARD AND STONE__ROAD. Chairman Chaney asked Mr . Fair-es to give the Board some background on this item. Mr . Faires said the area consisted of a two block strip presently zoned SF2, also at the far western end are duplexes for half a block . There are two half blocks of SF', there 15 ac single corner lot for retail . also approximately 2 acres of retail on the southwest corner . Mr . Faires said you can always expect some cluster . +_ nino around major intersections. Mr . Chaney mentioned that the two acres of retail was. a Planned Unit Development. Mr . Faires explained that ori .jinall : it was zoned for duplexes and had retail at the end of the duplexes. Mr. Faires then explained that we changed the duple:: to Planned Unit Development because of the location. Mn. Chine read the results - _ . �T the mail i i outs= t t f this L �. r r-- raning. He said 25 letters were mailed 4 werereturned . with 2 in favor and 2 against. Fairer st cte:1 the requested re-zoning area is two blocks long and there is a possibility of an unknown portion of the land to be sold off almost immediately. Mr. Faires said he suggested it should have been sub-divided prior to the application, but the person applying wanted the whole_- strip. then he would sub-divide the area. Before opening the public hearing Mr. Chaney stated that anytime someone comes upfor zoning U Jr- re-zoning, we have the option to co with the land use plan, with our own idea. with the developers idea, or with a combi nati on of the options. Chairman Chaney opened the public hearino no by r eoue_=ting ail wishing to speak: in favor of the re-coning to come forward. Beim; that nobody came for-ward in favor. Mr. Chaney asked for those against the re-zoning to come forward and state their name, address and why they are against this item. Mr. Larry Gooch came forward to speak against the re-zoning. Mr. Gooch lives at2ir.? Duncan Way and said he had verbal approval to represent his neighbors, Johnny Neal Turner and Anthony Boyd. Mr. Gooch said his concerns regarding re-zonino the proper-t ,, to Business One (B-1 ) is that it will decrease his propfrty :aloe and mat::e it more difficult in the future to .1.e5-w'Mr- . Gooch pointed out that his property is Bl t. 717,. Lot 4. Mr . Boyd' s is Elk 3, Lot 5 and Mr. Turner ' s is B1 k: 3, Lot o and the requested re-:oning adjoins to their backyards. Mr . Gooch stated his concerns over- this interrupting i pt ns� the pr-i vac : of his family life, since they use their bacleyards frequently. He continued by saying his other concerns were an increase_ :n noise pollution. light pollution as a result of lights needed to Light business areas, increased traffic congestion at the intersections of Stone Road and Ballard, Store Road and Second Street , Ballard and Pirate Drive and Second Street and Pirate Drie. Mr . Gooch said these streets are already congested because of the schools end b,_ allowing business development , these streets will be congested at all hours of the day. Another concern of h _ is if a convenience store is brought into the area the school children would spend time loitering g in the area on their way to and from school . Mr . Fa.i res asked Mr . Gooch if he was aware of the portion of the zonino ordinance which requires a minimum of five to foot fence to be erected L'`- any commercial :JCG _','•'- .rat. between ett-it=_n them and env residential property. Mr . Gooch said he was rot aware of this fact. Mr . Fair-es asked Mr. Gooch if he had Sr,y substantial proof , other that personal fears, of the increase in traffic _ongestiori. Mr. Gooch replied he did not. Mr . Fair es pointed out that in cases like this, where it is based strictly on a persons personal fear rather that something substantial , the courts have overturned the decision of the Board. Mr. Faires said he feels that the fear of traffic congestion and light pollution is not something to worry about because bec the_ _ privacy of ci ,i _icon= would be r iircd. �L . Mr. Chano'' closed the public hea.ri no since there were no further questions on this item. CONSIDER APPROVAL OF RECOMMENDING TO CITY COUNCIL THE RE- ZONING OF TRACT 29, ABSTRACT 23, ATTERBERRY SURVEY FROM SINGLE FAMILY 3 TO BUSINESS ONE. Mr . Chaney stated he feels_ cluster zoning is a more orderly, efficient and appealing manner of zoning than is strip zoning. and in the past the Board has expressed the same opinion. Mr . Chaney proposed to the Board that if we have retail along the eastern portion of Lot 29, if that line was drawn strai cht acres_ Lot 5A. having that portion commercial use and i eavi no the rest SF3 would match the cluster : _ni -rg of Lot 29, di rect.l south of the eastern border of Ballard St. and Lot =.1 , which is already zoned retail , and Lot ' , which i s coned Sinole Family. Mr. Chaney said this would enable the neighborhood to enter along Stone F.d. and it would of;oive protection to the homeowners of Lots. 7 through 1 . Mr. Chaney continued b•. .,sing this would not require a sub-division at this time if we zone it two different 2001nc cet_cori_s, although in the future if they want to sell property eepar atcl y, then they would ha` e to sub-divide. Mr. Chaney said the zoning ordinance for B-i allows tor such uses as plumbing, heatina and air conditioning shops: radio. TV or microwave towers: limited warehouses and distribution. Inc1udino mini or convenience warehouses. Mr . Chancy said if this i - coned B-1 the property owners have a legal option to use the land for any of the above mentioned buslriea.see . r=eocording to Mr . Chaney, the B-1 conino is too harsh and does not fit into the canine of this area. Mr . Cr .-i'ie salts if the Board ao e_- then this would also protect Mr . Gooch' - i s h _. h��`;'3rs� =+. �f_:.Sirie== b,-r�ilrld t-,1rTf and would leave that to be sub-dl. vi +d'=d in the future -for homeowners. Me . Jennieos stated he is in agreement with Mr . Chaney because the B-1 zoninguses do not appear ar towith Fie_ r fit 4'J1 l.I-3 the residential neighborhood. Mr. F eddlc'ar d asked Mr. Fair-es how do we state to the Council our recommendation for the r e-z_onlno7. Mr. Faires said he would recommend a line _ •itended dir-ectiv North from the Western edge of Lot 7, B1 E: 3 of Caldwell sub- division to Stone Rd. ■ the area to the West of that line being granted the 2-1 cats:'+oorv. as requested, and the balance r omai ni no SF3. Mr .. said1 t - Chaney he was t1111�I f�:1 no of leaving the remainder of Bib 5A SF7 and then the section from Lot 7 towards Ballard being retail since there ia already retail on Lots. 29 and 71 _ Mr . Fairer said if the property owner had been present, under these circumstances.. he woul d probably withdraw. Mr. Skipwith said since he is requesting the entire BIk 5A to be B-1 . how can we draw this up to be certain that the Council does not interpret it to be the entire two block:s7 Mr . Faires said it is his understanding that development on that corner , if he is granted B-1 zoning, would begin almost Immediately . Mr. Skipwith said he is_. not sold on it for the area and asked Chairman Chaney to read list of zoning for F-1 again. Mr. Chane., read coning for B-1 into the record. General Purpose and Description: The B-1 business district is intended predominately for commercial activities of ser,;ice nat.ur_e which have similar operating characteristics ( limited outside or open storage) or traffic service requirements of greater intensity that retail shopping and residential environments. Use-Regulations: A building or premise shall be used oily for the following purposes. - 1 . Use permitted in the "F" Retail District. 2. Gasoline service station or car care center- . 7. Mortuary or funeral home. 4. Feed store. 5. Restaurant with drive-in service. b. Secondhand, furniture, clothing store indoor ) . . 7. Quick service food or beverage shop. . C a r wash. t-iuto glass, muffler and seat cover . 10. Automobile or motorcycle sales (indoor ) . 11 , Building material sales ( indoor) . 12. Radios. appliance. TV and lawn equipment repair . 17. Furniture repair . 14. Cabinet shop. 15. Newspaper or commercial printing. 16:. Plumbing, heating and air conditioner shops. 17. Radio, TV or Microwave tower. 18. Limited warehousing and distribution (including mini or convenience warehouses) . Mr . Chaney said those are the allowed uses and there ,,,re specific uses which would have to come before t h e - moo_+rd fc.r specific use permit. Mr . Skipwith asked how many bus l d be put in that area? Mr. Chaney replied it depends on the business. There is ample room to a business put1 ri, v i_t t they would be limited on the type of bussiness. Doing in the area. Mr . Fairer said there is an indication for a co nvenience store with gas lanes. Mr . Chaney said that is why he requested B- 1 zoning instead of retail and he is concerned that once zoning is there anything on the list can go into the area. Mr. Chaney feels retail would fit with the cluster zoning in that area because it would be a lighter use, have lighter traffic and maintain the integrity of the neighborhood bv the remainder being SF3' Mr. Skipwith asked what is included in retail use? Mr ' Chaney read the zoning for ^R" Retail District into the record G l P ^ ene[a "rgg�� ��d_Di�tig�: The ^R^ Retail District is in+ended for neighborhood shopping facilities which provide limited business service and office facilities predominately for the convenience of residents of the community. Ufq Reoulatigns: A building or premise shall be used only for the following purposes: I . Banks or sa,ings and loans. 2. Clinic, medical or dental . 3. Laboratcr`', medical or dental . 4' Office, general . 5. Optical shop' 6' Studio, art , music, drama, speech. 7' Letter or mimeograph shop. B. Garden shoo and plant sales (inside) . 9. Veterinarian office (no hospital ) . 10. Florist shop . 11 . Antique shop (enclosed) . 12. Bakery or confection shop (retail ) ' 13. Barber or beautv shop. 14' Book, camera or card shop. it. Clothing and nDparel store. 16. Cleanirg and laundry pick up station . 17' Discount, variety or department store' 18. Drug store. 19' Draper,, needlework or weaving shop. 20. Supermarket' 21 . Furniture and appliance. 22' Handicraft or hobby shop. 23' Key shop. 24. Laundry or d— cleaning (self service) ' 25' Health studio' 26. Paint , wallpaper and hardware' 27. Personal service shop' 28. Photography studio. 29. Shoe repair ' 30. Restaurant without drive-in service. 31 ' Tool rental (inside only ) . 32. Auto parts and accessories (new) . 33. Medical appliances (+itting and sales) . 34' Bus pickup point . 75' Motion picture theatre (indoor ) . 35' Hotel or motel ' 37' Public buildings including fire stations and library. 38. Private or business radio tower. 39. Water reservoirs, pumping plants and wells. oil 40. Telephone or utility business office. 41 . Telephone e::change, switching and transmitting equipment. 42. Sewage pumping or lift station. 43. Church Synagogue or Rectory. 44. School , private or public . 45. Day nursery, or child care center . 46. Hospital . 47. Lodge or fraternal organization. 48. Nursing home or resident home for aged. 49. Electrical transmission lines and substation . 50. Health/Fitness centers. 1 . Public swimming pools ( indoor /outdoor ) . 52. Radio, TV, appliance shop 57. Other _ her general retail sales of similar i atur e _,nd char actor provided that the business establishment is Sufi e t to the +ol l owi ne conditions: a. That it be conducted wholly within an enclosed building b. That required yards not be used for- disolay, sale or storage of merchandise, or for the storage of vehicles, equipment. _ontelnees or weste materiel . C. . That ell mero iendi se be erld et retell on the premises. d. That such use not be objectionable eeceeee of _odor . eecessies light , smoke, dust . noise . vlbretinn or l ml. l er nuisance. Mr . Cheney added that this wee nne of the concerns Mr . Loos i had. He said e different option is to deny the appro ed chant• of zoning and leave it as SFT. Mr . F'eddicord said we have started cluster =onino in the area end that he is torn between D-1 and retail , but onle on that corner . Mr . F.aires said zoning is clearly a leeisleti :tee function: it has the same force and effect as any other type of legislative eneetment. Thus, General principles ce- -t atutor'.' construction apply when interpreting zonine ordinances. The gui dine star in the interpre'tetion = _ zoning ordinance is the legislature' s intent es derived from the entire statutory teat. One time-honored ma : ifii of statutory interpretation used to divine leei =.lative intent is thet of eepreesio unius e_t eeclusio alter' 1 +a_, which meens if you put it down one place. you can' t haec it ar. , place else. In e eoning content, the rule means that the e prese mention of ore use eacludes b-i implication Cinder matters not mentioned. Mr . Chaney said it is up to the Board to allow B-1 or retail or to send that forward to the Council . Mr. Chaney then asked about splitting it off at Lot 7, the lot line closest to Ballard St. Mr. Skipwith said he had no problem with that as long as we assure it does stop there. Mr. Feddi cord said the Board as a group agrees with splitting it off . Mr , Jennings and Mr . Feddi cord asked if we can require an alley to be put in there for separation-' Mr. Faires replied es, that would be part of the sub-di ''.'i =ion process if he sells i t oft , but zoning can not require alleys . Mr . Chaney asked if we can :one business up to where an alley would be off of Lot ' and then zone SF? at the j1. 1 e Mr , Faires said you can do it as lone as you show our nt:ention=. V Mr . Feddi ord asked -Y e could shoo c t.J intent th ` i t E'th'ii nq toththeCC?unCl 1 c+about (:= ac t 1 v what we �r-t t.�.l k�'i:t ;'7u a h<ou t Mr. Chaney said we want `oninc t v a go where an alley would be. Mr . Faires replied that the wording he would suggest 1 - whatever commercial zoning you desire within 20 ft . of a line drawn due North cif the Western ,r,+1si-. 1 o t_ line of Lpi.. =1 k ef Caldwell Silts-di ir_ian, the area West of that line. which i 20 ft. West of that lot line, to` be zoned to whatever commercial zoning givei t order�-'� in to allow an alley upon sub-division. Chairman Chaney- asked the Board if they would like to see the whole area B-1 or retail ? Mr . Skipwith said he would like to clarify that on retail they could have a convenience store, retail . but no eas pumps. Mr. Chaney answered theycould rot in ret <i l . Mr . jennings noted that this area could not withstand the traffic or types of activities ie_ ro+d!_iced by a gas station and because of this it should stay retail . Mr . Chaney said d there is heavy conestion school functions arc doing on. Mr. Fairs*-: agreed. Mr . Chaney continued nued b': saving . there are t_', crossing guards there for the school kids: but motorists s - _.o i;,ct _ 1 _t= coming riG in and out of a gas station is more hazardous than an enclosed parking arse:_, for retail use . Mr . Skipwith th said c - retail 1 +:_ _r,re t- another i_,ei r,t I ri { a ;��;r ,;- ,f.- t area over- B-1 i the hours a convenience store is open. T Mr . Peddicord said being that the other two corners are retail , he sees no reason to change the other corner to en' thino except retail . Mr . Chaney ar.Ved if someone would like to make a motion on the re-zoning request . Mr . Peddicord advised the Board to consider approval of recommending to the City Council re- zoning to Business One. Mr . Chaney pointed out to the Board, that if they deny the request . they can put forth their recommendation . Mr . Fairer _uuq«=fed wording such as " I make a motion that we der"', the original request and substitute, therefore the recommendation that br•o i nn i no at a point 2- r ft. Most ot the Western most line of Lot 7, elf - of Caldwell Addition, a line being prawn direct! due North to intersect with Stone Rd. The area of Lot -s. Wort of that line to the remainder of Let 5 i to be zoned -•F:. Mr. rhanev i. s cpc2n for a i o tl��n on this l � Mr , made a. motion as retail . this point , Mr . Chaney pointed out that the pr-ewor-d, , motion b,.• Mr. Fa:ires ,Pd, e to difficulty with the Western n sd portion _-_,ir!q retail and that the Eastern portion of the noted line remain SF-77 ThP reason for allowing the 20 fie . is for a pnrsible ka.11eywav if and when this is. sib-di ' ided,. Mr Jenninue _econd+:=CI the mrot.ion. The mt!t.iron r.,?rrio,=1 with; all in . a c DISCUSSION OF ZONING, MEANING, PURPOSE AND DIFFERENT TYPES AND_WHY. Chairman Chancy asked Mr. Fairer to start this discussion. Mr. Faires said the Enabling Legislature says_ the governing body of a municipality wishing to e:'erci se their au.thori f' relating to zoning regulations in the g zoning district boundaries shall establish procedures for adopting and enforcing r�_�_;ul.atierr. in d_.bound er - . it- in manner in wi-ii.-h parties and interests and citizens he'-e an opportunit•, to be heard►- d before the 15tl-t day tie+or-.-, the date of the hearing. Notice of the time and place must be published in an official newspaper . Mr . Fairer raid that a. municipality haying a F'lennirtu Commission may use the Planning Commission for the Zoning Lo,riini scion. In Wylie, Planning and Zoning is a combined operation. Mr. Fairer said Wvlie' s Charter , Article 9 sa•,'=- the Planning and Zoning Commission shall : 1 Make and recommend to City Council a master plan to be used as a guide in considering ordinances for the orderly development of the city. The Commission shall not less than every five years review and recommend to City Council amendments to the master plan of the city, 2. Recommend to Citv Council proposed ordinances and amendments to ordinance regarding: a' Plumbing b . Zoning C. E'`vironmental quality 3. Recommend and review all platting and sub-division proposals and make recommendation to City Council for- appropriate action. Mr . Faires said zoning is a perminsi /e ordinance which simply says vou car do this, You can gDly do this. Mr . Faires said ir 1985. for developmental purpose the cit, tried to anticipate what would be the best use of the land for future develcpment , Mr. Chaney said an important tool of zoning is using natural barriers such as creeks, highways, railroads. flood plains, elevations and wooded areas' Mr . Faires gave s brief description of the different zonings, which are listed in the Zoning Ordinance book. Mr. Jennings as}.ev f we could discuss retaining wells at one of the fiture meetings' In his sub-division there is a problem with tKe retaining walls leaning towards and falling onto the sidevalF ' Mr ' Jennings said that not only does this look ban but it in hazardous because of the children playing in the area, Mr . Chancy said ary member of the Board can request an item on the agenda for future meetings. Mr ' Faires said ho would prefer Mr . Homeyer to be present for the retaining well discussion. ' • Mr . Chaney asked if there were any more questions and thanked Mr. Faires for his presentation. Since there were no further business to discuss. Mr. Chaney asked for a motion to adjourn. Mr. Skipwith made the motion to adiourn. Mr . Feddicord seconded the motion. The motion to adjourn carried with all in fa,.or . Brian Chaney. Chairman F'e=c�CttL'.l l submitted. Debbie Fletcher . Secretary PLANNING AND ZONING MEETING MINUTES OCTOBER 2, 1989 The Planning and Zoning Commission met in regular session on Monday, October 2 , 1989 , in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Members present were Chairman Brian Chaney, Vice- Chairman Bart Peddicord, Cecelia Wood, Bob Skipwith, Bobby Jennings, and Jim Ferguson. Staff members present were Code Enforcement Officer Roy Faires , Secretary Sandy Stevens, and Administrative Assistant Candi White. Chairman Chaney called the meeting to order . CONSIDER APPROVAL OF THE MINUTES OF THE SEPTEMBER 11 , 1989 MEETING. Mr . Peddicord said that the word "to" should be deleted in the first sentence, first paragraph, first page, to read "Chairman Chaney said he would like suggestions from the Board about items for discussion with the Council . " Mr. Peddicord also said that the word "would" should be added in the first sentence, first paragraph , second page, to read "Mr . Chaney said he would like to have Landscape Plan and Emergency Plan as agenda items, if the Council hasn' t already set up an agenda ." Chairman Chaney said that in Mr . Faires ' statement in the fourth paragraph , second page, the board should have been addressed as "council" rather than "board" . This was regarding the ETJ discussion . Mr. Peddicord made a motion to approve the minutes with the above corrections . Mr . Skipwith seconded the motion. The motion carried with all in favor . CONDUCT PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT FROM HENRY DOYLE DUNCAN FOR USE OF A PORTABLE SALES OFFICE TO SELL FIRE WOOD AND LANDSCAPE MATERIALS AND PLANTS ON 1.34 ACRES OUT OF THE E.C. DAVIDSON SURVEY , (LOCATED ON FM 544 EAST OF HARDCAST) . Code Enforcement Officer, Roy Faires told the board that Mr . Duncan, a resident in Sunnyside Acres , wanted to open a business but wasn' t aware that he had to have a special use permit . Mr . Faires said that the property was zoned Industrial and that Mr. Duncan wanted to put a nice sales office on the property, but also wanted to comply with City of Wylie ordinances . Mr. Faires added that staff had no reason to deny the permit for a one year review. Chairman Chaney opened the public hearing . Mr. Duncan stated that he wanted to put a small mobile home on the property to use for an office . He added that he would put skirting around it and had plans to add redwood decking . No one in the audience had comments for or against Mr . Duncan' s request for a special use permit and Chairman Chaney closed the public hearing . CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR A SPECIAL USE PERMIT FOR USE OF A PORTABLE SALES OFFICE TO SELL FIREWOOD AND LANDSCAPE MATERIALS AND PLANTS ON 1 .34 ACRES OUT OF THE E.C. DAVIDSON SURVEY, (LOCATED ON FM 544 EAST OF HARDCAST) . Mr . Skipwith asked Mr. Duncan how much of the property he owned , and if he planned to maintain it himself . Mr. Duncan said he owned the entire piece of property and did plan to maintain it himself . He added that he would like to put a fence up if he was permitted . Mr. Peddicord asked if there was any reason Mr. Duncan couldn ' t have a fence. Mr. Faires said there was no reason and that he felt comfortable that Mr . Duncan would comply with any city requirements . Ms . Wood asked if the city had any codes which would regulate how the firewood was stacked. Mr. Faires said there were none that would regulate the stacking of firewood in Industrial zoning , but he felt that after talking with Mr . Duncan there would be no problem with an unsightly area . Mr. Skipwith questioned the possibility of approving the special use permit for less than one year and then extend it if everything was okay. Chairman Chaney said he didn' t feel comfortable with that because the board had historically approved the permits for one year due to the expense involved in opening a business . Mr . Faires added that he would not advise less than one year, as it would look as thought the board was putting an undue hardship on Mr . Duncan . Mr . Duncan told the board that if there was any objection after his business was established, to let him know and he would correct it . He added that the firewood would only be there until January or February. Mr . Skipwith made a motion to approve recommendation to the City Council for a Special Use Permit for use of a portable sales office to sell firewood and landscape materials and plants on 1.34 acres out of the E.C. Davidson Survey. Ms . Wood seconded the motion . The motion carried with all in favor. /I CONDUCT PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT FROM IRM PROPERTIES FOR INSTALLING A GOLF DRIVING RANGE AND TEMPORARY OFFICE BUILDING, ON LOTS 1, 2, 3, 4 , AND 5 OF WYLIE RANCH EAST COMMERCIAL PARK (LOCATED ON HWY 78 NORTH, SOUTHEAST OF MUNICIPAL COMPLEX) . Mr . Faires explained that this request was for a commercial amusement and that the property was zoned where a specific use permit was required. He said that the property was located at Hwy 78 and Kreymer Lane which was Southeast of the Municipal Complex . Chairman Chaney asked Mr . Newell , prospective operator of the golf driving range, what kind of parking lot and tence he planned to install , and what kind of insurance he planned to purchase. Mr . Newell said he would be using a temporary gravel parking lot and a small mesh fence around the entire property to keep golf balls inside. Mr . Newell said he would carry liability insurance but didn ' t know what limits . Mr . Skipwith asked if Mr . Newell had planned on lighting the green. Mr . Newell said he would light the green in such a way not to disturb anyone. He added that the closest light to Hwy 78 would be approximately 120 feet from the highway. Mr . Faires added that any lighting that would create a hazard on Hwy 78 would be prohibited. Chairman Chaney asked what the business hours would be. Mr . Newell said he planned to close at 10 : 00 p.m. , except during the winter months when he would close at 8 :00 p.m. Ms . Wood was concerned about the noise factor due to outside speakers , music, etc. Mr. Newell said there would be no outside speakers, music or any loud noises . Mr . Ferguson asked how far the parking lot would be from Kreymer Lane. Mr . Newell said it was 150 feet , but if that didn' t meet city requirements he would change it. Chairman Chaney suggested that the city engineer look at the plans for the entrance and parking lot . Ms . Wood asked how many cars the parking lot would accommodate and what kind of building the temporary office would be. Mr. Newell said there would be spaces for twenty cars , and that he was looking at a 12 x 24 building on a slab with siding. He added that he wasn' t real sure about the size. Chairman Chaney told Mr . Newell that the board would really like to set a size . Mr . Newell asked if they would agree to nothing - larger than 1000_ feet. Chairman Chaney asked if anyone in the audience wanted to speak for or against the golf driving range. Marie Routon, 340 Callie Court approached the board with several questions . She asked how her home would be protected from flying balls, where the lights were going to be directed, who would be responsible from broken windows in homes , and how the driving range would be separated from her property. Mr . Newell explained that there would be a 6 ft . mesh fence between the two properties and the lighting would be directed down range which would not affect any homes . He also said that nobody could hit a golf ball far enough to hit any homes , but if that should possibly happen , he would be responsible for any damage. Ms . Routon asked who would be responsible for the grass around the fence. Mr . Newell said he would be responsible for it on his side of the fence and that the fence line would probably chemically sprayed . Joyce Anderson, 330 Callie Court asked what type machine would be used to pick up the balls. Mr . Newell said it would be a small tractor . Ms . Anderson then asked if the equipment would be locked up so that children couldn ' t play with it. Mr . Newell said it would be fenced in but he hadn ' t planned to lock it up. Mr . Faires suggested that Mr . Newell make an additional enclosure with his six foot fence. Ms. Routon also expressed a concern that the driving range might stay open past 10: 00 p.m. Mr . Tim Dolittle with Centennial Homes told the board that he didn' t oppose the operation of the driving range, but wanted to make sure the lighting was not offensive to residents in the Wyndham Estates subdivision. A resident at 1404 Devonshire in Wyndham Estates was also concerned about the number of lights and the brightness of lights . Mr . Newell explained that there would be seven light poles , 1000 watts per pole. He said that it sounded like a lot of light, but assured the resident of Wyndham Estates that they wouldn' t notice the lights, as they would be directional lights pointed in the opposite direction. Chairman Chaney reminded the citizens that the property was zoned commercial and would have commercial use at some time. Chairman Chaney closed the public hearing . CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR A SPECIAL USE PERMIT FOR INSTALLING A GOLF DRIVING RANGE AND TEMPORARY OFFICE BUILDING ON LOTS 1 , 2, 3, 4, AND 5 OF WYLIE RANCH EAST COMMERCIAL PARK (LOCATED ON HIGHWAY 78 NORTH, SOUTHEAST OF THE MUNICIPAL COMPLEX) . Chairman Chaney said the general feeling of the board seemed to be in favor of the golf driving range. He then asked if the board had any questions or comments . Ms. Wood told the citizens in the audience that regardless of how the board ruled , they did hear the citizens concerns . She added that the board was concerned with their concerns xc and realized that they had some problems with the driving range . She also said that the board was responsible to the city as a whole. Mr . Peddicord added that the board appreciated them attending the meeting . Chairman Chaney said he understood that the subdivision ordinances required a six foot opaque fence to run the entire length of the property to separate commercial from residential . Mr . Faires agreed with him. Chairman Chaney felt the board should list the stipulations tor the specific use permit for Mr. Newell . The stipulations were as follows : 1 . City Engineer should designate the appropriate location for the entrance drive off of Kreymer Lane . 2 . Portable building on concrete slab not to exceed 1000 square feet. 3. Seven 1000 watt light poles as shown on plans , not to exceed three additional 1000 watt poles at the Code Enforcement Officer ' s discretion. The Code Enforcement Officer shall the authority to make adjustments in the lighting direction if deemed necessary. 4 . Business shall open no earlier than 9 : 00 a.m. and all business operations shall cease at 10 : 00 p.m. with all lights at by 10 :00 p.m. 5 . Minimum four foot , one inch mesh fence to be erected on the North and East property lines around driving range. 6 . Liability Insurance - minimum limits as advised by the City Attorney. 7 . No outside speakers. 8 . Specific use permit not to exceed 24 months from date of approval . Mr . Newell said he would really prefer a permit for two years due to the cost involved to begin the business . Chairman Chaney explained that the reason for the shorter length of time was in case the neighbors found there to be problems, the permit could be reviewed . He added that the board had to consider the protection of all citizens even though the board welcomed business development in Wylie . Mr . Skipwith told the citizens once again that he understood they had concerns , but that he would rather see a golf driving range on that property that some other things that could be put in Commercial Zoning . He thanked them again for attending the meeting . Chairman Chaney made a motion to approve recommendation to City Council tor a Special Use Permit for installing a golf driving range and temporary office building on Lots 1, 2, 3, 4 , and 5 of Wylie Ranch East Commercial Park with the above stipulations . The motion was seconded by Mr . Peddicord . The motion carried with all in favor . GENERAL DISCUSSION. Chairman Chaney said that Ms . Wood may have a conflict in attending the council and planning and zoning workshop on the following night. He asked Mr . Faires to give them a briefing on the topics of discussion at the workshop. Mr . Faires explained that council was proposing that no subdivisions be approved in the future that have only a single entrance into the subdivision . He also said that some of the council didn' t like alleys and wanted to discuss the possibility of an ordinance that would no longer allow alleys in developments. He added that they were suggesting the normal fourteen feet used by an alley be used to widen the street . Mr . Faires also told the board that the workshop was the time for them to bring up anything they thought needed clarification or was not adequate. He added that he was expecting the meeting to be very productive and that the board should be prepared to input their thoughts on what was necessary and best for the city. Chairman Chaney pointed out that Winding Oaks St . was the only entrance street in the Pointe North Subdivision and was designed as a collector street to keep through traffic in the subdivision to a minimum. He said that the idea was to keep from having residential streets used as thoroughfares . Chairman Chaney said that in the last seven or eight years the council had advocated alleys to enhance the appearance of neighborhoods. He added that the existing ordinance required alleys wherever feasible. Mr . Skipwith said that he personally preferred alleys and rear entrances for the looks of the neighborhoods. Mr . Jennings said he had heard the council talk about street width. He said he was under the impression they wanted to do away with alleys to widen streets because of parked cars on the streets. He continued saying that he was in favor of alleys, despite parked cars on the streets. Chairman Chaney added that widening the streets would cause people to drive faster which could also create a hazard. Ms . Wood asked if council felt the same way about one street entrances into commercial areas also. Mr. Faires said he had not heard anything about commercial areas . Ms . Wood also asked where the board stood with getting another member . Mr . Faires said he had given names to the city manager of those who would be interested. He suggested that this item be discussed at the council workshop also . Ms . Wood asked what had happened to Jiffy Lube. Mr. Faires said he hadn ' t heard a word from them. Ms . Wood also asked if the city had any codes giving a business or resident a length of time in which to either rebuild or tear down a structure after fire damage . Mr . Faires said there was no specific code to cover that situation, but the structure could be classified as substandard which would fall under the jurisdiction of other codes . Mr . Jennings told the board that he had been doing much research on the issue of retaining walls and would like to see it as an agenda item at a future date. Mr . Skipwith suggested to Mr . Jennings that he might also want to check with the City of Arlington, as they were experiencing a lot of problems with retaining walls . There being no further business a motion was made to adjourn with all in favor . Brian Chaney, Chairman Respectfully Submitted, Candi White, Administrative Assistant .`s. KATHLEEN WILLIAMS 28.011 ..AC. 1 SOUTHW S - LYONS SANTOS I AC. 3.997 AC. REALTY GARY ORTHOPEDIC KATHLEEN WILLIAMS CO., INC. CLINIC 3.5 AC. ARMSTRONG AIR TRUSTEE JOHN P. I AC. 4.007 AC. JACK 2.60 AC. RAY E. SANTOS I AC. PENNINGTON SWEET 3.893 AC. 2.628 AC. 1.599 AC O.6d9 pw w • ,� Ir a4 '' 109.s, 1125. 101 AL L E Y :4, UTI r ESIMT_ 118.'37 124.s2 1 g 2 ! 3 •• % �°' .a,. fi v 12s.s4 _ 1 ' N M' ::r to '5 ‘• 5 : • s ••'' 7 - e 1q8.7 2 : �',ylt�c�jli. EASEMENT - �p 4 10 m.o. IOf.O' %'sir.0' ffp.p' 1g4.0' 129.0' 139.0' Ia9.0 - 226.40' M v ------ ------- --- - I. S QC. F. M• 544 e16.4e' 6e.0' ••' Jeanette ' s _ •• r'•�:'• ' V•: , Swim CAPITAL �,.,1'' • : BANK QG v • 3 SAS t 1.0899Ac BILLY F A• 0o� or WIL0 niel L. \QAVIS BILLY F DAMS •S4r z� .14' 99,9' Inman �. \27 WILLIAM HENRY QQ O v~i 1.3c E TAL 2.0 AC. AC. 6.6 AC. : _ i gr PATSY S . � \ 6.69 AC I�r I� o, 2 �i 2 a° 09966QC. FLANAGAN `'' e o 0 • Zl� a' 5 42 A C� MARY JACOBS Marion o, • • •,•302• . 9' R. Steel, -_ n L0 IC. 3 �C�/ M :r:•''•• a r„ 41.�+ • as3�o L Mary _ Jacobs '�•:.• co .L ' � LOT 3 3i 1e,o �a s o ALEX ANDERSON 252.9' � 9' Io3.e `� '512.37 ,: ..; - o o c F- I.0 AC. •'.� ' 404•. • •tip: ;.•• 3 45 a, 4 4.! IP, :g 2. BILLY C. 1.0 AC. *- .k •• .. •.• • "� $_ BILLY ,.: �:e 't'ti LOT 2 IsS.o��•' CONINGTON 2 2 72.9' 2 72 9 DAVIDSON 81 L LY L•' •••.••�1� �• • `� 0. 2 �i ''• • 5.359 ..\ , �: 5 • TARRANT 0 y 'O a ETAL ss.o •• N' PLUMING (13 1 1O U LO • 6 1 /ESMT. 2.0AC. CO. QB359 AC. \ RG2•S79 NBC .YIe0 / STEEL ROAD T \ \• '� '� STEEL > .� '' �r o Ms.s a a CHRYSLER 1ST PLANO• R 13 I 2 • 3 i BUSINESS N CREDIT BANK 81 V ��, 4�>t.�' ��.�' 12s 9'ITRUST ,� ,.'r ` a 377.6' 1 n .-► A o, - - -- MCCORD'S LITTLE SIX SUBDIVISION (not recorded in County records) BEING out of the MOSES SPARKS SURVEY, Abstract 1849, and being a . part of a 5.84 acre tract as described in deed from L.L. Gayler and wife, Evelyn Gayler, to Norman R. McCord and wife, Ruby Alice McCord, as recorded under County Clerk's File No. 7741 , on June 10, 1971 , and being more particularly described as follows: /of BEGINNING at a point for corner in the South line of said 5.84 acre tract and in the North line of Farm Road No. 544, said corner bears South 89 degrees, 52 minutes East, 20.00 feet from the southwest corner of said 5.84 acre tract; THENCE NORTH 0 degrees 03 minutes West, along the East line of a ther couneiy; road, a distance of 245.24 feet to a point for corner THENCE SOUTH 84 degrees 09 minutes East, 90.02 feet to a point for corner; THENCE SOUTH 0 degrees 03 minutes East, 5.00 feet to a point for corner; THENCE SOUTH 84 degrees 09 minutes East, 14.50 feet to a point for corner; THENCE SOUTH 0 degrees 03 minutes East, 229.78 feet to a point for corner in the North line of said Farm Road No. 544; THENCE NORTH 89 degrees 52 minutes West, along the south line of said 5.84 acre tract and the North line of said Farm Road No. 544, a distance of 104.00 feet to the PLACE OF BEGINNING, and being Lot 1 of McCords LITTLE SIX SUBDIVISION, an unrecorded subdivision in Collin County, Texas. Hof a2, BEGINNING at a point 124.00 feet South 89 deg. 52 min. East, from a point 45.00 feet North 0 deg. 03 min. West from the Southwest corner of a 40 acre tract. THENCE North 0 deg. 03 min-. Meat parallel distance said 40 acre tract and the said 5.84 acre tractea distan eWest of boundaries229.78 ftfe along the East line of Lot No. 1 to the South line of the eet easement described as Lot A; gas utility THENCE South 84 deg. 09 min. East parallel to the North line of the said 5.84 acre tract a distance of 19.50 feet; THENCE North 0 deg. 03 min. West a distance of 5.00 feet to a point for corner in said 5.84 acre tract; THENCE South 84 deg. 09 min. East parallel to North line of the said 5.84 acre tract a distance of 86.02 feet to the West line of adjacent lot No. 3; THENCE South 0 deg. 03 min. East parallel to the West boundaries of the said 40 acre tract and the said 5.84 acre tract along the West line of Lot No. 3, a distance of 224.34 feet to the South line of the said 5.84 acre tract; THENCE North 89 deg. 52 . West along the South line of said 3.84 acre tract and the North line of State Farm Road No. 544, a distance of 105.0 feet to the point of beginning. o /- .3 BEGINNING at a point for Southwest corner in the South line of said 5 . 84 acre tract and in the North line of State Farm Road No. 544, said point bears South 89 deg. 52 min. East 229.0 feet from the Southwest corner of said 5.84 acre tract ; THENCE North 0 deg . 03 min West along the East line of adjacent Lot 2 a distance of 224 .34 feet to a point for corner therein; THENCE South 84 deg . 09 min . East , a distance of 109. 54 feet to a point for corner in the West line of adjacent Lot 4 ; THENCE South 8 deg . 03 min East along the West line of said Lot 4 , a distance of 213 .44 feet to a point for corner in the South line of said 5 . 84 acre tract; THENCE North 89 deg. 52 min . West along the South line of said 5 . 84 acre tract and the North line of said State Farm Road No. 544 , a distance of 109 .0 feet to the POINT OF BEGINNING. ,Cot f BEGINNING at a point for Southwest corner in the South line of said 5.84 acre tract and in the North line of State Farm Road No. 544, said point bears South 89 deg. 52 min. East 338.0 feet fran the Southwest corner of said 5.84 acre tract; THENCE North 0 deg. 03 min. West along the East line of adjacent Lot 3 a distance of 213.44 feet to a point for corner therein; THENCE South 84 deg. 09 min. East, a distance of 112.56 feet to a point for corner in the West line of adjacent Lot 5; THENCE South 0 deg. 03 min. East along the West line of said Lot 5, a distance of 207.24 feet to a point for corner in the South line of said 5.84 acre tract; THENCE North 89 deg. 52 min. West along the South line of said 5.84 acre tract and the North line of said State Farm Road No. 544, a distance of 112.00 feet to the POINT OF BEGINNING. BCD i BECINNIM at a point for Scut} est corner in the South line of the said 5.84 acre tract and in the North line of State Farm ADM No. 544, said point bears South 89 degrees 52 minutes East, 450.00 feet fran Southwest corner of said 5.84 acre tract; W t = North distance degrees 03 minutes West, along the East line of adjacent of 207.24 feet to a point for corner therein; THENCE South 84 degrees 09 minutes East, parallel to the North line of said 5.84 acre tract, a distance of 118.59 feet to a point for corner in the West line of adjacent Lot No. 6; THENCE South 0 degrees 03 minutes Fast, along the West line of said Lot No. 6, a distance of 190.43 feet to a point for corner in the South line of said 5.84 acre tract; • THENCE North 89 degrees 52 minutes west along the South line of said 5.84 acre tract; and the North line of said State Farm Arad No. 544, a distance of 118.00 feet to the place of begins illustrated in a surveyed unrecorded division plat ofJa uary r�0. S 1970,being copy of which is recorded in Volume 1003, Page 406, refer towhich is here made for all purposes. JQZ BEGINNING rnNING at a point for SW corner in the South line of said 5.04 acre tract and in the North line of State taro Road No. 544, said point bears S 89 deg. 52 ■in: B, 568.00' from the Si corner of said 5.84 acre tract; • THENCE N 0 deg. 03 sin. W along the east line of adjacent Lot No. 5, a distance of 190.43' to a point for corner therein; Ti :ce. S 84 deg. 09 min. E. a distance of 124.62' to a point corner in the rest line of adjacent Lot No. /; THENCE S 0 deb. 03 min. E along the West line of said Lot No. 7, a distance of 178.04' to a point for corner in the South line of said 5.84 acre tract; THENCE N 89 deg., 52 min. U along the South line of said 5.84 acre tract and the North line of State Farm Road No. 544, a distance of 124.00' to the point BEt;INNLYG, said Lot No. 6 being illustrated in a surveyed unrecorded subdivision plat of January 1970, a copy thereof attached hereto. /ofr7 Beginning at an iron stake found for corner in the North line of F.H. Road No. 544, said point being the Southeast corner of said Peteet Tract, said point also being North 89 deg. 52 min. West 514.00 feet from the Southeast corner of a 5.84 acre tract conveyed to Norman R. McCord and wife. recorded in Volume 786. Page 628, Collin County Deed Records; THENCE: North 89 deg. 52 min. West 129 .00 feet along the North line of said F.M. Road No. 544 to an iron stake found for corner. THENCE: North 00 deg. 03 min. Vest 178. 04 feet to an iron stake found for corner in the South line of a 10 foot Alley (unimproved) . THENCE: South 84 deg. 09 min. East 129.E+4 feet along said 10 foot Alley to an iron stake found for corner. THENCE: South 00 deg. 03 min. East 165. 13 feet to the Place of Beginning and containing 0.508 acre of land. 1. Easement to North Texas Municipal Water District, recorded in Volume 512, Page 476, Deed Records, Collin County, Texas. 2. Two five (5) foot Utility easements recorded in Volume 1003. Page 421. Deed Records. Collin County, Texas . BEGINNING at a point for the SE corner in the South line of said S.84 acre tract and in the North line of State Farm Road No. 544, said point bears N 89 deg. 52 min. W, 375.40 feet from the SE corner of said 5.84 acre tract; THENCE N 89 deg. 52 min. W along the South line of said S.84 acre tract and the North line of said State Farm Road No. 544, a distance of 139.00 feet to a point for corner in the East line of adjacent Lot No. 7; THENCE North 00 deg. 03 min. W, along the East line of said Lot No. 7, a distance. of 165.13 feet to a point for corner therein; THENCE S 84 deg. 09 min. E, parallel to the North line of said S.84 acre tract, a distance of 139.69 feet to a point for corner in the West line of adjacent Lot No. 9; THENCE S 00 deg. 03 min. East along the West line of said Lot No. 9, a distance of 151.27 feet to the POINT OF BEGINNING. v BEGINNING at a point for Southwest corner in the South line of said 5 .84 acre tract and in the North line of State Farm Road No. 544 , said point bears South 89 deg . 52 min . East 960 . 0 feet from the Southwest corner of said 5 . 84 acre tract ; THENCE North 0 deg . 03 min . West along the East line of adjacent Lot 8 a distance of 151 .27 feet to a point for corner therein; THENCE South 84 deg . 09 min . East a distance of 149. 74 feet to a point for corner therein; THENCE South 0 . deg . 03 min . East along the West line of adjacent Lot 10 , a distance of 136 . 36 feet to a point for corner in the South line of said 5 .84 acre tract; THENCE North 89 deg. 52 min . West along the South line of said 5 .84 acre tract and the North line of said State Farm Road No. 544 , a distance of 149 .0 feet to the POINT OF BEGINNING. 4•6D f /D BEGINNING. at a point on the North line of F. M. Road No. 544, said point being the Southeast corner of said Tract 10, a 1/2 inch iron stake set for corner; THENCE, North 89 deg. 52 min. West, along the North line of F. M. Road No. 544, a distance of 226.40 feet to a 1/2 inch iron stake set for corner; THENCE, North 0 deg. 27 min. 03 sec. East, leaving the North line of F. M. Road No. 544, a distance of 145.39 feet to a 1/2 inch iron stake set for corner; THENCE, South 84 deg. 06 min. 09 sec. East; along the South line of the St. Louis and Southwestern Railroad, a distance of 225.98 feet to a 1/2 inch iron stake set for corner; THENCE. South 0 deg. 13 min. 13 sec. East, leaving said Railroad, a distance of 122.69 feet to the Place of Beginning and containing 0.694 acres of land. LYONES REALITY CO. , INC. TRUSTEE 7.597 Acres BEING a tract of land out of the Moses Sparks Survey Abstract No. 849 and described in a deed fro■ C. E. Jack Kreck to Tom Brigham recorded in Volume 1157, Page 747 of the Collin County Deed Records and being sore fully- described as follows: BEGINNING at an Iron Rod in the North line of F.M. Highway 544, said stake also being in the West line of the Moses Sparks Survey and bearing North 40.00 feet and East 1 .18 feet from the Southwest corner of the Moses Sparks Survey; THENCE North 01 degrees 39 minutes Si seconds East, with the West line of the said tract and the west line of the said survey a distance of 546.31 feet to an Iron Rod for a corner in the South right-of-way line of St. Louis and the Southwestern Railway Company; THENCE South 84 degrees 06 minutes 20 seconds East, with North line of the said tract and South right-of-way line of the before mentioned railway company a distance of 648. 13 feet to a wooden corner post; THENCE South 01 degrees 49 minutes 02 seconds West, with East line of said tract a distance of 478.69 feet to an Iron Rod for corner in the North right-of-way line of F.M. Highway 544 ; THENCE South 89 degrees S4 minutes 1S seconds West, with South line of said tract and North right-of-way F.M. Highway S44 a distance of 645.39 feet to the PLACE OF BEGINNING and CONTAINING 7.597 ACRES OF LkND. BANC HOME SAVINGS (Santos Property) 7.607 Acres SITUATED in Collin County, Texas, in the Nose Sparks Survey, Abstract No. 149, and being a part . of a 1S.199 acre tract described as Tract I in a Receiver's Deed from Tow Brigham et ux, to C. C. Javk Amuck, recorded in Volum• 1157, Page 799 of the Collin County Deed Records and being more fully described as follows, BEGINNING at an iron stake in the Southeast corner of the said tract in the North right-of-way line of F.M. Highway 5441 THENCE South 19 degrees So minutes 34 seconds West, with North right-of-way of highway, 759.8S feet to an iron stake; THENCE North 01 degree 47 minutes 29 seconds East, a distance of 471.70 feet to an iron stake in the South right-of-way line of St. Louis ad Southwestern Railroad; THENCE South 14 degrees 10 minutes 32 seconds East, with South right-of-way line of said railroad, 751.06 feet to an iron stake at the Northeast corner of the said tract; THENCE South 0 degrees 19 minutes 43 seconds West, with East line of tract, 400.17 feet to the PLACE Or BEGINNING and CONTAINING 7.607 acres of land. e;g5 KATHLEEN WILLIAMS 4.5 Acres BEGINNING at the Southeast corner of a 285 acre tract of land in said Richard Sparks Survey, T. W. Brigham by deed from W. H. Hall , datedcAprile12 , to 1873 , and recorded in Vol . "X" page 138-139 Collin County deed records; THENCE West with the S. B. Line of said 205 acre tract of land, a distance of 1 ,387 . 41 feet, a stake; THENCE North 1 ,333 .25 feet to W. H. Brigham' s S. W. Corner; THENCE East 1383. 24 feet to the S. E. Corner of the W. H. Brigham tract; THENCE South 1 , 333. 25 feet to the place of beginning , containing 39 acres of land, more or less, and the same tract of land, described in deed partitioning the estate of T. W. Brigham and his wife , Mrs. J. M. Brigham and known and designated as Lot Number 4 , of said October 2, 1897, and recorded in Vol .par85tipa, deed dated a 614-618 , Collin County deed records to which reference is here made for a full description thereof . SAVE AND ECCEPT : 28.001 Acres North of the Railroad Tracks JACK SWEET - 0.689 Acres Situated in Collin County, Texas , and being a rectangular shaped parcel out of a 39.0 acre tract of land in the Moses Sparks Survey, Abstract No. 849, as described in Deed From T.A. Berryman a widow dated July 11, 1941, and beinget al to Kathleen E. Williams follows: more partilularly described as • Beginning at an iron stake in the North g No. 544, 40.0 feet from the center line of said fhighway. Said.pointghway bears North 0 deg. 6 min. West 40 . 0 feet, and North 89 deg. 54 Min. East 503 . 1 feet from the original Southwest corner of said 39.0 acre tract of ' land; Thence North 89 deg. 54 min. East, along the North line of said F.M. Highway No. 544 , a distance of 75 . 5 feet to an iron stake; Thence South 89 .deg . 52 min. East along the north line of said F.M. Highway No. 544 . a distance of 74 . 5 feet to an iron stake for corner. Thence North 00 deg. 06 min. West, a distance of 200.0 feet to an iron _ stake for corner; • Thence North 89 deg. 59 min. West a distance of 150.0 feet to an iron for corner; • stake Thance South 00 deg. 06 min. East a distance of 200.0 feet to the place of beginning, containing 0.689 acres of land GARY ARMSTRONg - I.599 Acres Being all that certain lot, tract or parcel of land situated in Collin County. Texas, being out of the Moses Sparks Survey, Abstract No. 849, and being part of a 39 acre tract of land conveyed from T. A. Berryman, et al, to Kathleen E. Williams recorded in Vol. 562, Page 361, Collin County Deed Records, and being more particularly described as follows: Commencing at an iron pipe found for corner in the North line of F. M. No. 544, said point being the Southwest corner of said 39 acre tract, thence: N. 89 deg. 54 sin. E 503.10 feet along the North line of F. M. No. 544, thence: N 00 deg. 06 sin. W 200.00 to an iron stake found for corner, the Place of Beginning, said point being the Northwest corns of a 0.689 acre tract of land conveyed to Glenn Gary Armstrong; THENCE: N 00 deg. 06 min. W 147.55 feet to an iron stake set for corner in the Southwest line of a 100' Railroad R.O.W. THENCE: S 84 deg. 07 min. 33 sec. E 301.64 feet along the Southwest line of said 100' Railroad R.O.W. to an iron stake set for corner. THENCE: S 00 deg. 06 sin. E 316.98 feet to an iron stake set for corner in the North line of F.M. No. 544. THENCE: N 89 deg. 54 min. W 150.00 feet along the North line of F.M. No. 544 to an iron stake found for corner. THENCE: N 00 deg. 06 sin. W 200.00 feet to an iron stake found for corner. THENCE: N 89 deg. 59 min. W 150.00 feet to the Place of Beginning and contain- ing 1.599 acres of land. JOHN P. PENNINGTON - 3.893 Acres BEING nil that certain lot, tract or parcel of land situnted in Collin County, Texas, being out of the MOSRS SPARKS SURVEY, ABSTRACT NO. 849, and being part of s 39 acre tract of land conveyed to Kathleen E. Willimma recorded in Volume 562, Page 361, Co Deed Records and being more particularly described as follows:n County Commencing at an iron pipe found for corner in the North line of F. M. No. 544, said point being the Southwest corner of said 39 acre tract; thence: N. 89 deg. 54 min. E. 578.60 feet and S. 89 deg. 54 mtn. E. 224.50 feet along the North line of F. M. No. 544 to an iron stake found for corner, the Place of Beginning; THENCE: N. 00 deg. 06 min. W. 316.98 foot to an iron stake found for corner in the Southwest lino of a 100 foot Railroad R.O.W. THENCE: S. 84 deg. 07 min. 33 sec. E. 594.44 foot along the Southwest line of said 100 foot Railroad R.O.W. to an iron stake sot for corner in the center of rock road. THENCE: S. 00 deg. 07 min. 04 soc. W. 257.17 feet along center of snid rock rood to an iron stake set for corner in the North line of F. M. No. 544. THENCE: N. 89 deg. 54 min. W. 590.24 'feet along the North line of F. M. No. 544 to the Place of Beginning and containing 3.893 acres including 0.178 acre in Road Easoment. a