05-12-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL
Agenda
Tuesday, May 12 1998
7:00 p.m.
Wylie Municipal Complex-Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
Call to Order
Invocation
Pledge of Allegiance
Consider and Act Upon a Resolution Declaring the Results of the Canvass of the General
Election of May 2, 1998.
Consider and Act Upon a Resolution Declaring the Results of the Canvass of the Special
Election of May 2, 1998.
Administer Oath of Office and Statement of Elected Officials
Election of Mayor Pro Tern
Consent Agenda
1. Consider and Act Upon Approval of the Minutes of the April 28, 1998 Regular Meeting and
May 5, 1998 Canvass of Election Returns.
2. Consider and Act Upon Approval of an Ordinance Regulating Construction Debris
3 Consider and Act Upon Approval of an Ordinance Regulating Erosion and/or Siltation.
4. Consider and Act Upon the Final Acceptance of the Construction of a New 20" Water
Transmission Main and Related Utility Improvements Along FM544, and the Installation of a
New Gravity Sewer System for the McCord's Little Six Subdivision, and Authorizing Final
Payment to Four D Construction, Inc. in the Amount of$33,231.62 and Accept the Project as
Complete.
5. Consider and Act Upon the Final Acceptance of the Construction of the New Muddy Creek
Interceptor Sewer-Phase I, and Authorize Final Payment to Four D Construction, Inc., in the
Amount of$43,498.59 and Accept the Project as Complete.
City Council Agenda
Page 1
Consent Agenda-continued
6. Consider and Act Upon a Final Plat for Phase I of Southplace Estates, Proposed by Ballpen
Venture II, L.P., Generally Located Along the East Side of South Ballard Street Directly
Across From Stoney Brook Drive and being all of a 13.995 Acre Tract Out of the Allen
Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas.
Public Hearings
7. Consider and Act Upon a Request to Rezone 45.3768 Acres from R(Retail), B-1 (Business),
and MF (Multifamily) to PD (Planned Development) for Single Family Residential Uses,
Amending the Comprehensive Zoning Ordinance No 85-23A. The Tract is Situated in the
Moses Sparks Survey, Abstract 849, Collin County, Texas and Generally Located Along the
East Side of McCreary Road just South of Southfork Mobile Home Park. ZC No 98-02.
8. Consider and Act Upon a Request to Rezone 1.502 Acres from A(Agricultural) to R(Retail),
Amending the Comprehensive Zoning Ordinance No 85-23A. The Tract is Situated in the
Allen Atterberry Survey, Abstract No 23, City of Wylie, Collin County, Texas, and Generally
Located Along the East Side of South Ballard just North of Alanis. ZC No 98-04
Action Agenda
9. Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Lakeside Estates,
Amending the Comprehensive Zoning Ordinance No 85-23A. The Tract is Situated in the
Moses Sparks Survey, Abstract No 849, Collin County, Texas and Generally Located Along
the East Side of McCreary Road just South of Southfork Mobile Home Park.
10. Consider and Act Upon a Preliminary Plat for the Wylie Fire Station No. 1. The Tract is
Situated in the Allen Atterberry Survey, Abstract No 23, City of Wylie, Collin County, Texas
Generally Located Along the East Side of South Ballard just North of Alanis.
11. Consider and Act Upon a Preliminary Plat for the Wylie Fire Station No. 2. The Tract is
situated in the G.W. Gunnel Survey, Abstract No 351, City of Wylie, Collin Count, Texas and
Generally Located Along the West Side of FM1378 just North of Brown Street.
12. Consider and Act Upon Appointing a Board of Director to the North Texas Municipal Water
District Board.
13. Consider and Act Upon Approval of a Request from Mr. Ron Evans for a Waiver of the
Tournament Fees for a Tournament to Benefit Britney Tice.
City Council Agenda
Page 2
14. Consider and Act Upon Authorizing the Chief of Police to Make Application to the United
States Department of Justice, Office of Community Oriented Policing Services for the Approval
of Grants Under the COPS - Universal Hiring Program and the School Based Partnership
Program to Facilitate the Hiring of Additional Police Officers for the City of Wylie.
Staff Reports
Citizen Participation
Worksession
Presentation of Downtown Traffic Study by Transportation Strategies, Incorporated.
Executive Session
Hold Executive Session Under Chapter 551., Subchapter 551.074, Personnel Matters, City
Manager and his Contract with the City of Wylie.
Reconvene into Open Meeting
Take any action as a result of Executive Session.
Adjournment
Posted on this the 1st day of May, 1998 at 5:00 p.m as required by law in accordance to Section 551.042 of the Texas
Government Code.
The Wylie Municipal Complei 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 972t442-8100 or TDD
972/442-8170.
City Council Agenda
Page 3
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF
THE GENERAL ELECTION OF MAY 2, 1998; GENERAL ELECTION FOR THE
PURPOSE OF ELECTING A MAYOR,AND THREE MEMBERS OF THE WYLIE CITY
COUNCIL, PLACES 2, 4,AND 6, FOR A TERM OF TWO YEARS.
WHEREAS, The Wylie City Council of the City of Wylie, Texas (City) held a General
Election on May 2, 1998 for the purpose of electing the Mayor and three members of the Wylie
City Council for a term of two years; and
WHEREAS, A Canvass of the General Election returns was conducted on May 5, 1998.
WHEREAS, It was found that the persons herein named received the following votes for
said term of office on the Wylie City Council of the City of Wylie, Texas:
MAYOR
John Mondy 570
Jerry Allen 437
COUNCIL PLACE 2
Kenna Johnson 432
Reta Allen 582
COUNCIL PLACE 4
Merrill Young 581
Roy Pritchard 412
COUNCIL PLACE 6
Chris Trout 555
Dean Galus 400
Resolution No
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. John Mondy is hereby declared to be elected Mayor of the City of Wylie,
Texas.
SECTION 2. Reta Allen is hereby declared to be elected Council Member Place 2.
SECTION 3. Merrill Young is hereby declared to be elected Council Member Place 4.
SECTION 4. Chris Trout is hereby declared to be elected Council Member Place 6.
SECTION 6. The Wylie City Council hereby finds and determines, as a result of the Canvass,
held on May 5, 1998, that a combined Election Day and Early Vote total of 1,042 votes were cast
in the General Election, with 275 early voters, as indicated by the poll list for the General Election
held on May 2, 1998.
SECTION 7. It is hereby declared that the City of Wylie approves and accepts the results of
the General Election for Mayor, Council Place 2, 4, and 6 as set forth in the Order attached hereto
as Exhibit A, as determined by the majority vote of the qualified voters of the City of Wylie.
SECTION 8. This Resolution will become effective after its passage by the Wylie City
Council.
PASSED AND APPROVED BY THE WYLIE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 12th day of May, 1998.
Jim Swartz, Mayor
ATTEST:
Barbara A Salinas, City Secretary
EXHIBIT A
ORDER of ADOPTION
The Wylie City Council of the City of Wylie, Texas (City) held a General Election on May 2, 1998
for the purpose of electing the Mayor and three members of the Wylie City Council for a term of two
years.
A Canvass of the General Election returns was conducted on May 5, 1998 with proper notice posted
as required by Section 551.042 of the Texas Government Code.
It was found that the persons herein named received the following votes for said term of office on the
Wylie City Council of the City of Wylie, Texas:
MAYOR COUNCIL PLACE 2
John Mondy 570 Kenna Johnson 432
Jerry Allen 437 Reta Allen 582
COUNCIL PLACE 4 COUNCIL PLACE 6
Merrill Young 581 Chris Trout 555
Roy Pritchard 412 Dean Galus 400
It is hereby ordered and declared by the City of Wylie City Council by passage and approval of
Resolution No. that, John Mondy is declared to be elected Mayor of the City of Wylie,
Texas;Reta Allen is declared to be elected Council Member Place 2; Merrill Young is declared to be
elected Council Member Place 4 and Chris Trout is declared to be elected Council Member Place 6.
The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 5, 1998,
that a combined Election Day and Early Vote total of 1,042 City votes were cast in the General
Election, with 275 early voters, as indicated by the poll list for the General Election held on May 2,
1998.
Acceptance will become effective after passage of Resolution No. by the Wylie City Council.
Executed this 12th day of May, 1998
Mayor, City of Wylie
Attest:
City Secretary, City of Wylie
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF
THE SPECIAL ELECTION HELD ON MAY 2, 1998; SPECIAL ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF WYLIE,
TEXAS, CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER.
WHEREAS, The Wylie City Council of the City of Wylie, Texas (City) held a Special
Election on May 2, 1998 for the purpose of submitting to the qualified voters of the city of Wylie,
Texas, certain proposed amendments to the existing city charter.
WHEREAS, A Canvass of the Special Election returns was conducted on May 5, 1998 in
accordance with the Election Code, and
WHEREAS, It was found that the propositions herein numbered 1 through 18, received the
following 'yes' and 'no' votes, to the existing Wylie City Charter:
Proposition 1.
Yes 494
No 482
Proposition 2.
Yes 700
No 248
Proposition 3.
Yes 900
No 67
Proposition 4.
Yes 851
No 100
Proposition 5.
Yes 732
No 208
Proposition 6.
Yes 758
No 184
Resolution No.
Page 2
Proposition 7.
Yes 766
No 163
Proposition 8.
Yes 752
No 168
Proposition 9.
Yes 865
No 69
Proposition 10.
Yes 564
No 360
Proposition 11.
Yes 682
No 222
Proposition 12.
Yes 782
No 147
Proposition 13.
Yes 862
No 76
Proposition 14.
Yes 740
No 145
Proposition 15.
Yes 843
No 76
Proposition 16.
Yes 809
No 130
Proposition 17.
Yes 866
No 66
Resolution No.
Page 3
Proposition 18.
Yes 880
No 66
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 5. Propositions 1-18 were all approved with a majority vote of the qualified voters
of the City of Wylie.
SECTION 6. The Wylie City Council hereby finds and determines, as a result of the Canvass,
held on May 5, 1998, that a combined Election Day and Early Vote total of 1,042 votes were cast
in the General Election, with 275 early voters, as indicated by the poll list for the General Election
held on May 2, 1998.
SECTION 7. It is hereby declared that the City of Wylie approves and accepts the
amendments to the Wylie City Charter as set forth in the Order attached hereto, as determined by the
majority vote of the qualified voters of the City of Wylie.
SECTION 8. This Resolution will become effective after its passage by the Wylie City
Council.
PASSED AND APPROVED BY THE WYLIE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 12th day of May, 1998.
John Mondy, Mayor
ATTEST:
Barbara A Salinas, City Secretary
EXHIBIT A
ORDER of ADOPTION
The Wylie City Council of the City of Wylie, Texas(City) held a Special Election on May 2, 1998
for the purpose of submitting to the qualified voters of the city of Wylie, Texas, certain proposed
amendments to the existing city charter.
A Canvass of the Special Election returns was conducted on May 5, 1998 in accordance with Section
67.002 of the Election Code, with proper notice posted as required by Section 551.042 of the Texas
Government Code.
It was found that the propositions herein numbered 1 through 18, received the following 'yes' and
'no' votes, to the existing Wylie City Charter:
Proposition 1. Proposition 11.
Yes 494 Yes 682
No 482 No 222
Proposition 2. Proposition 12.
Yes 700 Yes 782
No 248 No 147
Proposition 3. Proposition 13.
Yes 900 Yes 862
No 67 No 76
Proposition 4. Proposition 14.
Yes 851 Yes 740
No 100 No 145
Proposition 5. Proposition 15.
Yes 732 Yes 843
No 208 No 76
Proposition 6. Proposition 16.
Yes 758 Yes 809
No 184 No 130
Proposition 7. Proposition 17.
Yes 766 Yes 866
No 163 No 66
Proposition 8. Proposition 18.
Yes 752 Yes 880
No 168 No 66
Proposition 10.
Yes 564
No 360
EXHIBIT A
It is hereby Ordered and Declared by the City of Wylie City Council by passage and approval of
Resolution No that,Propositions 1-18 were all approved with a majority vote of the qualified
voters of the City of Wylie.
The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 5, 1998,
that a combined Election Day and Early Vote total of 1,042 City votes were cast in the General
Election, with 275 early voters, as indicated by the poll list for the Special Election held on May 2,
1998.
Acceptance will become effective after passage of Resolution No. by the Wylie City Council.
Executed this 12th day of May, 1998.
Mayor, City of Wylie
Attest:
City Secretary, City of Wylie
WYLIE CITY COUNCIL
May 12, 1998
Approval of the Minutes
Approval of the Minutes from the April 28 1998 Council Meeting and May 5, 1998
Canvass of General and Special Election Returns.
-Approval of the Minutes-
Page 1
WYLIE CITY COUNCIL tVflt
CONSENT AGENDA COMMUNICATION
May 12, 1998
Issue
Consider and Act Upon Approval of an Ordinance Regulating Construction Debris.
Background
The increase that has been experienced in the construction and development areas of the
City has brought with it an increased need for regulation of debris generated by the
construction process. The type of construction debris that this ordinance is intended to
regulate is the type of debris that will pose a threat to the public health, safety, and comfort
so that it constitutes a nuisance.
The majority of the builders working in the City do a fair job of policing themselves, but as
with everything, there are some that do not do such a thorough job. The implementation of
a construction debris ordinance will give the City staff and inspectors a valuable tool in
assisting the builders in being able to keep up with their debris problems. The purpose of
the ordinance is to provide the builders with guidelines for dealing with their construction
debris. It will also provide the staff and inspectors with the necessary tools to police
contractors who may not be managing their construction debris properly.
The ordinance will provide that if contractors are storing construction debris on site, usually
awaiting removal by a trash hauler, that the debris be stored in an approved container. This
container should be constructed so that the debris will not be blown from the site by the
wind. Containers made of plywood, chain link fencing, cattle panels, temporary plastic
fencing on t-posts, and the garage with a closed door all satisfy this requirement. Many of
these types of containers are reusable and can be used on separate jobs to help keep down
costs. The contractor also has the option of removing all debris from the construction site
at the end of each work day.
The ordinance will provide for actions which the inspector can take to enforce the ordinance.
The inspector shall give written notice if debris of the nature regulated is present. The
contractor will have twenty-four (24) hours to clean up the site. A Stop Work Order will be
issued if the debris is not properly contained or removed at the end of the twenty-four (24)
hours.
Consent Agenda
Ordinance- Construction Debris
Page I
Board Recommendations
N/A
Financial Considerations
N/A
Other Considerations
The City Council is allowed by state law to adopt ordinances that provide for the
public health, safety, and general welfare of the City.
Staff Recommendations
Staff held a meeting with builders in the area and discussed many development issues with
the nine (9) attendees. They expressed no concerns over this type of regulation since they
are accustomed to dealing with it in the other cities in which their companies build. Staff
recommends adoption of the ordinance.
Attachments
Ordinance
._ Til ate, ()La
Prepared by Rev. ed by Fin ce City Manager Approval
Consent Agenda
Ordinance- Construction Debris
Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE CONTROL
OF CONSTRUCTION DEBRIS; PROVIDING FOR A PENALTY CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas has investigated the
problem of construction debris that poses a threat to public health, safety, and comfort so
as to constitute a nuisance; and
WHEREAS, the City Council of the City of Wylie, Texas upon full consideration of
these matters has determined the desirability to provide regulations for the control of
construction debris.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
Whenever work is being done that is authorized by a permit, and construction
debris from that work is not confined to a container or to a site on the property approved
by the Building Official or his designee, and such construction debris poses a threat to
public health, safety, and comfort so that it constitutes a nuisance, the Building Official or
his designee shall give a written notice and the contractor shall clean up the construction
debris within twenty-four (24) hours of receiving written notice of the violation.
At the end of the twenty-four(24) hour period, the City shall re-inspect the site and
may assess a re-inspection fee. If at the time of such re-inspection, the construction debris
is not confined at the site, the City may issue a stop work order. When a stop work order
has been issued, a re-inspection fee shall be assessed. To obtain a re-inspection for
removal of the stop work order, a request must be submitted therefore and a re-inspection
fee, as set by the fee schedule shall be paid.
SECTION II
Any person violating the provisions of this ordinance or part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of the Wylie City code
as set forth in Section 1-9 (a)(1) thereof, as the same now exists or is hereafter amended.
Ordinance No
Page 2
SECTION III
Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from May 12, 1998 after its adoption
by the City Council and publication of its caption as the law and the City Charter provide
in such cases.
SECTION V
That all other ordinances and code provisions in conflict herewith are hereby
repealed to the extent of any such conflict or inconsistency and all other provisions of the
Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION VI
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 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
12th day of May, 1998.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
WYLIE CITY COUNCIL r/t
CONSENT AGENDA COMMUNICATION
May 12,1998
Issue
Consider and Act Upon Approval of an Ordinance Regulating Erosion and/or Siltation.
Background
The increase of development and construction within the City of Wylie brings with it the
potential for an increase of erosion and/or siltation of silt, earth, topsoil, etc. from any private
property into the City streets or alleys, drainage easements, or facilities, storm drains, or
property owned by any other party. The only ordinance the City of Wylie currently has in
the Code of Ordinances prohibits the storage of materials and debris in the streets unless
its protected by barricade, lights, and signs.
There are no current federal regulations requiring the City of Wylie to reduce erosion and/or
siltation or the treating of any storm water drainage. Many larger cities in the Metroplex are
under such regulations based on their population (over 100,000 population), location on
tributaries, and size. However, the Environmental Protection Agency (EPA) is currently
reevaluating its storm water regulations. The North Texas Council of Governments believes
that smaller cities (under 100,000 population) may be required, by the new regulations, to
control storm water runoff and regulate drainage.
The adoption of this ordinance would bring the City of Wylie in line with the ordinances of
other cities that have requirements placed on them by the EPA. The City of Wylie would
have in place an ordinance that will meet the requirements of future classifications. It will
also allow the City of Wylie staff and inspectors to more effectively deal with dirt in the
streets and alleys, which is important when viewed from safety and aesthetic perspectives.
Construction plans for the development of land already have details which must be followed
in the construction of the subdivisions in order to prevent and control erosion. After the
subdivision is completed and building commences, the inspectors can include erosion
and/or siltation as a correction item of the inspection, or as a separate issue any time it may
occur. A Stop Work order could be issued until the problem has been corrected.
Board Recommendations
N/A
Consent Agenda
Ordinance-Erosion Control
Page 1
Financial Considerations
N/A
Other Considerations
The City Council is allowed by state law to adopt ordinances that provide for the public
health, safety and general welfare of the City.
Staff Recommendations
Staff held a meeting with builders in the area and discussed many development issues with
the nine (9) attendees. They expressed no concerns over this type of regulation since they
are accustomed to dealing with it in the other cities in which their companies build. Staff
recommends adoption of the ordinance.
Attachments
Ordinance
inkk
Prepared by eviewed by F ance City Manager
Approval
Consent Agenda
Ordinance-Erosion Control
Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE CONTROL
OF EROSION AND/OR SILTATION; PROVIDING FOR A PENALTY CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Wylie, Texas has investigated the
problem of erosion siltation onto city streets or alleys, drainage easements, storm drains
and others properties; and
WHEREAS, the City Council of the City of Wylie, Texas upon full consideration of
these matters has determined the desirability to provide regulations for the control of
erosion & siltation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
Owner Responsibility. It is the responsibility of each property owner within the
municipal limits of the City of Wylie, Texas to take appropriate measures to control the
erosion and siltation of soil materials from the owner's property. The owner shall not allow
water runoff to transport silt, earth, topsoil, etc. from the owner's property to others
properties or on to city streets or alleys, drainage easements, drainage facilities or storm
drains. The property owner shall be responsible for damages to others created by the
actions of builders, contractors, developers and others performing construction or other
activities on the owner's property which create conditions that cause or aggravate erosion.
SECTION II
Contractor Responsibility. Plans and specifications prepared for construction of
improvements shall address suggested erosion/siltation control measures and techniques
to assist the contractor in implementing a suitable program to control erosion. The City
of Wylie, Texas shall not be required to approve and may, in the City's discretion, deny
approval of plans and specifications based upon the City's opinion as to the suitability of
erosion measures submitted. The contractor shall take whatever measures are necessary
to control and limit the transport of silt, earth, topsoil, etc. from the site of construction,
including, but not limited to, the erosion/siltation control measures and techniques
provided on the plans and specifications. The contractor shall, upon completion of his/her
work, leave the owner's property in a stabilized condition that minimizes the transportation
of the owner's silt, earth, topsoil, etc.
Resolution No
Page 2
SECTION III
City Approval. The City of Wylie, Texas, through its building officials, city engineers,
and inspectors, shall not be required to issue approvals or permits, including plats,
drainage studies, plans and specifications, building permits, interim inspections,
acceptance of maintenance of completed construction of public streets or storm drainage
facilities, or certificates of occupancy if, at the time the approval or permit is sought, the
owner, developer and/or contractor does not have in place adequate erosion/siltation
control measures, or conditions on subject property are not in a stabilized condition and
are a major contributing cause of sedimentation and siltation which is occurring or has
occurred outside the limits of the owner's property.
SECTION IV
Any person violating the provisions of this ordinance or part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of the Wylie City code
as set forth in Section 1-9 (a)(1) thereof, as the same now exists or is hereafter amended.
SECTION V
Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal or unconstitutional.
SECTION VI
This ordinance shall be in full force and effect from May 12, 1998 after its adoption by
the City Council and publication of its caption as the law and the City Charter provide in
such cases.
SECTION VII
That all other ordinances and code provisions in conflict herewith are hereby repealed
to the extent of any such conflict or inconsistency and all other provisions of the Wylie City
Code not in conflict herewith shall remain in full force and effect.
SECTION VIII
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 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.
Resolution No
Page 3
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this
12th day of May, 1998.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
WYLIE CITY COUNCIL
CONSENT AGENDA COMMUNICATIONtrif
May 12,1998
Issue
Consider and Act upon the final acceptance of the construction of a new 20" Water
Transmission Main and related utility Improvements along FM 544, and the installation of
a new gravity sewer system for the McCord's Little Six Subdivision, and authorize final
payment to Four D Construction, Inc. in the amount of $33,231.62 and accept the project
as complete.
Background
Four D Construction, Inc. was awarded the contract for the construction of a new 20" Water
Transmission Main and related utility Improvements along FM 544 on August 28, 1997.
This project is the final leg of the water tower system. The new water line lies between FM
1378 and the new water tower. This project completed the final section of the 20" water
transmission main from the Nortex high service pumps and ground storage tank to the new
elevated storage tank in Steel Industrial Park. The Nortex high service pumps and ground
storage facility is the City's main supply point from North Texas Municipal Water District,
and the new elevated tank is the City's main elevated storage facility. It connects the west
half of the City's water distribution system with the east half, and along with the recently
completed McMillen water main project, completed the looping of the two systems.
This project also included the installation of a new gravity sewer system for the McCord's
Little Six Subdivision located on the north side of FM 544 (for the addresses 2819, 2817,
2815, 2813, 2811, 2809, 2807, 2805, 2803, and 2801 FM 544). This included a bore under
FM 544, and an 8-inch sewer main with manholes and related appurtenances to serve all
of the lots in McCord's Little Six Subdivision. It did not include service connections for each
lot. This project was not part of the 1995 Bond Program, however, since it was adjacent to
the larger Bond Project, it was included in an effort to achieve an economy of scale in the
price of construction.
Construction began on October 20, 1997 and was substantially complete within the allotted
contract time. A final walk through was performed by the City Staff, the Engineer and the
Contractor on April 27, 1998. All work performed was in compliance with the plans and
specifications and is acceptable to City Staff and the Engineer. All items noted as deficient
have been corrected and the job is ready for final acceptance.
Consent Agenda
20" Water Transmission Main
Page I
Board Recommendations
N/A
Financial Considerations
The premier project included in the 1995 Water and Sewer Bond Program Phase 1 was the
new water tower and its associated water transmission mains. This project consisted of the
water tower and three separately bid sections of water transmission mains. The final
payment being considered on this agenda is the completion of the final leg of the water
tower system. This contract also included the construction of a sewer main in the McCords
Little Six (MLS) subdivision for a total cost of $64,750.
The water tower system (WTS) was financed through two sources, $1,905,000 in bond
funds and $103,365 from Impact Fees. The Impact Fees were used to pay for water tower
design ($55,999) and the purchase of the tower site ($47,366) prior to the sale of the 1995
bonds. The MLS subdivision sewer project is partially funded be the return of$14,463 from
the canceled wastewater study project. The city fees to hook onto the sewer line will be a
$100 Hook On fee and a Tap fee of $500 for a total charge of $600. These fees will
generate $6,000 towards the construction of this new sewer line. The total available funding
for the WTS and MLS projects is 2,028,828. The total estimated cost for the completed
projects and the final payment on this agenda item will be $1,997,080, leaving a net of
$31,748 that can be used for other water or sewer projects.
The original contract amount for this agenda item was $358,374. Change Order No. 1, in
the amount of $21,755 was approved by Council at the March 10, 1998 City Council
meeting. This brought the actual final contract amount to $380,129.
The MLS subdivision owners will be responsible for bringing their sewer lines to the city
connection point in addition to the above city fees. The city will require that the owners hook
up their lines within one year. The city will also specify how the existing septic tanks will be
taken out of service and closed. Utility Billing will make available a six month plan to pay for
the hook and tap fees at the owners request.
Other Considerations
Acceptance by the City Council will initiate the one year warranty period in which the
contractor is liable for any repairs which may be required in that time period. A provision
in the contract provides that the warranty period begins on the date of final acceptance by
the City.
Consent Agenda
20" Water Transmission Main
Page 2
Staff Recommendations
Staff recommends final acceptance of the project and issuing final payment to Four D
Construction, Inc. in the amount of$33,231.62. The contractor has satisfactorily fulfilled the
terms of the contract.
Attachments
Letter from Hogan Corporation
Final Payment Request
Contractor Affidavit of Final Payment and Release
Consent of Surety
kuk
Prepared MP ev. ed by Fin ce City Manager Approval
Consent Agenda
20" Water Transmission Main
Page 3
05/01/98 09:44 FAX 972 490 7163 THE HOGAN CORPORATION 4 WYLIE-PRICE Z 002
THE HOGAN CORPORATION
Engineers • Planners • Consultants
May 1, 1998
Mr- Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie,TX 75098
Attention: Lisa Price, Project Coordinator
Re: New 20"and 16"Water Transmission Main along F.M. $44 and Related Utility
Improvements
THC# 002-20.50
Dear Mr. Collins:
We are submitting herewith for your review four(4)copies of this Final Progress Estimate for the
construction work completed by Four D Construction, Inc. for the period from February 19
through April 30, 1998,on the above referenced project. On April 27, 1998 a final„valkthrough
was performed with representatives of Four D,the City of Wylie,and The FIogan Corporation
present. The items included in this final pay request have been reviewed and found to conform
with the work actually performed.
This final pay request includes the 5"/o retainage held on the revised contract amount. The
Contractor has submitted a"Consent of Surety" from the bonding company as well as an
"Affidavit of All Bills Paid." Copies of these documents are attached for your reference.
Approval of the Final Pay Request anti acceptance of the project will initiate the one year warranty
period.
With your approval of this Final Progress Estimate,please execute all copies, retain two(2)copies
for your files,return one(I)copy to this office,and send one(1)copy to Four D Construction,
Inc., 10901 Stinson Dr.,Dallas,TX 75217, along with your remittance in the amount of
$33,231.62,
Yours very truly,
THE HOGAN CORPORATION
5. 4,0c cr 7/e , .
Gregory S. MacLean,P.G.
Vice President
Memb81�1��1!ing Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620
. North Dallas Bank Tower
( Member,American Consulting Engineers Council
Pallas,Texas 75230
TEL: 19721 392-4600
FAX:19721 490-7183
05/01/98 09:44 FAX 972 490 7163 THE HOGAN CORPORATION -i WYLIE-PRICE V]003
Application for Payment Final—
GorPenodfrom. February 18,1998
Owner: Cary of Wylie To April 30,1998
Project Name New 20"do 16'Water 1 ransnn^ron-Main moat FM 544
Engineer. 002-20.50
Owners Project No.
Contractor. Fours C0MaUCbpp.Inc
Address. 10901 Sonsun Dr
DuI las,TX 75211
CONTRACT AMOUNT CONTRACT TIME
Part A
—+ 6358,374.00 Conoi�ctMoe, September'4,1997
Amount of contact u Awarded Start Dew October 20,1997
Change Orders 150 uaI.day
ill 121,755 00 Time Alloned
Tim Extcnsloab. 0 c.d.days
112150 eel.days
Revised Contract Tune:
Blapced. 192.00 cal days
pA Va Time Glapacd. 128.00
11 cal.days
5
Remaining:
tt6
l utel C.hnngc Oidnmm, 121355,00
local Aeiu:ud Corlreer $380,129.00
ESTIMATE SUMMARY
Amuwu Completed to Dale(See Attached). S379,593.07
Matchal on(land(Sea Attached) 99.86'h 1379,i93.07'
I�On.CT TOTAL 7o DATE a0.00
Lc§a 0%u R4reinage:
Less previous Payments- 5396.361,45 (1346,36 L 45)
foul Deductions.
$346,361.45
633,221 62
TOTAL AMOUNT D1 71'rly ES171vrATB
ocemmendod: Approved:
e , ..
BY' j By
/ 9? !)
Cate: Date.
L. En9inaor j City of Wylie i
Page 1 App for PnyNo Final-I•oto D
Sttl9S
CITY OF WYLI.E
PAYMENT AUTHORIZATION REQUEST
5/1/98
Date Lisa Price
From
5/15/98
Due Date /
12 Return Check to
Department
Vendor No.
Pay To:
Four D Construction, Inc.
10901 Stinson Drive
Dallas, Texas 75217
Invoice Invoice Fund Dept No Object SAC Amount
Number Date (XXX) (XXX) (X)000() (X)000)
Final Payment 5/1/98 612 901 .58.310 8504 $33,231.62
............ .........
.......................
............ .........
GRAND TOTAL
Explanation: Construction work completed from2/19/98 - 4/30/98 on the new 20"and 16"water
transmission main along FM 544 and related utility improvements.
This final payment and acceptance was approved by Council at the May 12, 1998
Council Meeting. One year warranty begins from this date.
Finance Dept. Department Head
FROM : PHONE NO. : P02
.our aU conitrucfion, inG
PAYMENT REQUEST
OWNER: City of Wylie
PROJECT NAME: New 20" & 16" Water Transmie lop Main Along FM 544
ENGINEER: The Hogan Corporation
CONTRACTOR: Four b Construction, Inc.
ESTIMATE NO.:
3 & Final FOR PERIOD ENDING: 5-6-98 -
- - -
WORK UNIT TOTAL AMOUNT
DESCRIPTION•1 COMPLETE PRICE COMPLETE TO DATE
20" PVC, c-905, Water Line 3614 $ 36.50 $131 ,911.00
12" PVC, C-900, Water Line 100 29.00 2,900.00
16" PVC, C-905, Water Line 946 28.50 26,961 .00
30" Steel Casing-Open Cut 147 95.00 13,965.00
24" Steel Caning-Bore & Jack 70 305.00 21,350.00
24" Steel Casing--Open Cut 11) 71 .00 1 ,065.00
6" Blow Off Valve.. 1 1 ,960.00 1,960.00
2" Air Relief Valve 0 3,232.00 0.00
20" Butterfly Valve 4 3,000.00 12,000,00
12" Gate Valve 1 1 ,200.00 1 ,200.00
16" Gate Valve 2 3,160.00 6,320.00
8" Gate Valve • • 2 690.00 1,380.00
Salvage Ex. ?.H.Assembly & G.V. 0 600.00 0.00
Fire Hydrant Assembly 10 3,100.00 31 ,0:00.00
2000 psi Concrcte.Enci.semon't/Water 202 30.00 6,060.00
Relocate Ex. Water meter & Service 0 400.00 0.00
„l.emove & Repl. Ex. Gravel Drive 25 8.00 200.00
Sawcut Rem. & Repl. Contr. Drive 170 24.00 4,080.00
Sawcut Rem. & Repl. Asphalt -Drive 71 26.00 1 .846.00
Removal of Existing Waterline 0 5.00 0.00
8" PVC, SDR35 Sewer w/embedment 1727 25.00 43,175:00
4' Type 5 Manhole 7 1 ,690.00 11 ,830.00
16" Steel Casing - Bore & :Nark 70 265.00 18.50.00
16" Steel Casing - Open Cut 39 50.00 1 ,950.00
2000 psi Concr. Encasement for Sewer 40 40.00 1 ,600.00
Standard Cleanout 1 290.00 290.00
Remove Existing S.S. Manhole 1 300.00 300,00
Trench Safety System 6224 1 .00 6.224 .00
Seeding 9721 .07 1 .00 9,721 .07
Change Order No. 1 1 21 .755.00 21 ,755.00
Total Complete To Date : $379,593.07
Page 1 of 2
FROM : PHONE NO. : P03
42) .Dour c.0 Con3frucfion, inc
Total Work Complete To Date _ $379,593.07
Materials Stored 0.00
Less 10% Retainage : 0.00
Less Previous Payments 346,361 .45
Amount Due This Period: 33,231 .62
BY:
CONTRACTOR
DATE: May 6, 1998
BY:
FOR OWNER
DATE:
10901 Stinson Dr. • Dallas. Texas 75217 - (214) 286-0094
FROM : PHONE NO. : P02
AFFIDAVIT OF FINAL PAYMENT
STATE OF: Texas
COUNTY OF: Dallas
I HEREBY CERTIFY THAT ALL PAYROLLS, BILLS FOR MATERIALS AND EQUIPMENT,
AND OTHER INDEBTEDNESS CONNECTED WITH TIE WORK FOR WHICH OWNER OR ITS
PROPERTY MIGHT IN ANY WAY BE RESPONSIBLE, HAVE BEEN PAID IN FULL .
SUBSCRIBED AND SWORN TO BEFORE ME
THIS 501 DAY OF May 09 98 Four D Construction, Inc. .
J
MY COMMISSION EXPIRES: % S1- B _
at . ...1/4 --
NOTARY PUBL
New 20" & 16" Water Tranamicsion Main
NAME OF JOB: Along FM 544 & Related Utility Tvprovemc.nts
CITY AND STATE: Wyite, Texas
or * *rw
�, CHARLOTTE M. LEGE
Notary Poole.Slate of Texas
Cl My Commission Wiles 7.08 99
FROM : PHONE NO. : P03
LICi 10, 1:‘21 Vt.1 I tip v� r • -- - -- ..
LTNITJED .E.OIF'IC /INT Elt7RANCE CC INTX
HOMF ni ► RA, PHILADELPHIA, PENNSYLVA►JIA
TO: (Owner) The CLt y o>S Wyti.e
2000 Hwy 78 Non.th
(LIyUe, Texan 75098
RE; Fouh, D Con.a.Vtuc.t.icn, Inc,
Bond No. U276 59 07
New 20" and 16" Water T�rai�5s*Vt.Sa t.: t> bfat. i Aeopt3 FM 544 8 Re-fated Impturne.nt
In accordance with the provisions of the Contract between the Owner and Contractor as indicated
above, the UNITED PACIFIC INSURANCE COMPANY
4 Pena, Cer..tJt P.Ca_a , SURETY
Ph�.ea. .ciph�.a, PA 19]0 3
on bond of (here insert name and address of Contractor)
Touh fl Ccne.thutc.t.ion, Inc.
10901 S.tLn.eon D/t.ive , CONTRACTOR
tia.Ua4, Te.xa.4 75217
hereby approves of the final payment to the Contractor, and agrees that final payment to the Con-
tractor shall not relieve the Surety Company of any of its obligations to (here insert name and address
of Owner) The. City ob WyZi-e
2000 Hwy 78 No'h
Tezaz 75098 , OWNER
as set forth in the said Surety Company's bond.
Dated this 6.th day of May , 19 98
•
UNITE-O PACIFIC INSUFtANC OO14OA-NY
B y• _ ' .._
Attorney.:n.C. att
CDU-7J.O2 D/931Consent to Payment—Firal Estimate)
WYLIE CITY COUNCIL
rVit
CONSENT AGENDA COMMUNICATION
May 12, 1998
Issue
Consider and Act upon the final acceptance of the construction of the new Muddy Creek
Interceptor Sewer Phase I, and authorize final payment to Four D Construction, Inc. in the
amount of$43,498.59 and accept the project as complete.
Background
Four D Construction, Inc. was awarded the contract for the construction of the new Muddy
Creek Interceptor Sewer-Phase I on 1/27/98. This project consisted of the installation of
approximately 8,390 feet of gravity interceptor across the golf course portion of the new
Woodbridge Development. The interceptor sewer has been plugged on the upper and lower
ends and will not be placed in service until other upstream and downstream sections are
completed. The schedule for the installation of these additional sections will be closely tied
to the schedule of the new wastewater treatment plant construction (located along the
Muddy Creek drainage basin).
City Council was presented with preliminary cost estimates during a work session held in
November 1997. The information was presented to demonstrate that there would be a cost
difference between the construction of the sewer interceptor line before and after the golf
course is completed. The Woodbridge Golf Course is currently under construction, with
completion expected in the fall of 1998. Based on information that indicated a substantial
cost difference, the City Council authorized Staff to proceed with additional planning and
design work necessary to competitively bid the project.
Construction began on February 26, 1998 and was substantially complete within the allotted
contract time. A final walk through was performed by the City Staff, the Engineer and the
Contractor on April 15, 1998. All work performed was in compliance with the plans and
specifications and is acceptable to City Staff and the Engineer. All items noted as deficient
have been corrected and the job is ready for final acceptance.
Board Recommendations
N/A
Consent Agenda
Muddy Creek Interceptor Sewer-Phase I
Page 1
Financial Considerations
This project was identified in the Impact Fee Study and Calculation which was adopted by
City Council in 1997. The new Muddy Creek Interceptor Sewer-Phase I was funded through
the use of impact fees.
The original contract amount was $863,860.00. Change Order No. 1 , in the amount of
$9,823.00, was approved by Mike Collins, City Manager on April 20, 1998. This brought the
actual final contract amount to $873,683.00.
Other Considerations
Acceptance by the City Council will initiate the one year warranty period in which the
contractor is liable for any repairs which may be required in that time period. A provision
in the contract provides that the warranty period begins on the date of final acceptance by
the City.
Staff Recommendations
Staff recommends final acceptance of the project and issuing final payment to Four D
Construction, Inc. in the amount of$43,498.59. The contractor has satisfactorily fulfilled the
terms of the contract.
Attachments
Letter from Hogan Corporation
Final Payment Request
Contractor Affidavit of Final Payment and Release
Consent of Surety
M UM ehelL44,
Prepared Re i ed y Fin ce City Manager Approval
Consent Agenda
Muddy Creek Interceptor Sewer-Phase I
Page 2
THE HOGAN CORPORATION
Engineers • Planners • Consultants
April 30, 1998
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie, TX 75098
Attention: Lisa Price, Project Coordinator
RE: Muddy Creek Interceptor Sewer-Phase 1
THC# 002-41.20
Dear Mr. Collins:
We are submitting herewith for your review four(4) copies of this Final Progress Estimate for the
construction work completed by Four D Construction, Inc. for the period from April 14 through
April 21, 1998, on the above referenced project. On April 15, 1998 a final walkthrough was
performed with representatives of Four D, the City of Wylie, and The Hogan Corporation present.
The items included in this final pay request have been reviewed and found to conform with the
work actually performed.
This final pay request includes the 5%retainage held on the revised contract amount. The
Contractor has submitted a "Consent of Surety"from the bonding company as well as an
"Affidavit of All Bills Paid." Copies of these documents are attached for your reference.
Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty
period.
With your approval of this Final Progress Estimate, please execute all copies, retain two (2) copies
for your files, return one (1) copy to this office, and send one(1) copy to Four D Construction,
Inc., 10901 Stinson Dr., Dallas, TX 75217, along with your remittance in the amount of
$43,498.59.
Yours very truly,
THE HOGAN CORPORATION
/4
Greg' ,�S. MacLean, P.E.
Vice President
Enclosures
Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620
• I Member, American Consulting Engineers Council North Dallas Bank Tower
Dallas, Texas 75230
TEL: (972) 392-4600
FAX: (972) 490-7163
CITY OF WYLIE
PAYMENT AUTHORIZATION REQUEST
4/30/98
Date Lisa Price
From
5/15/98
Due Date
Return Check to
Department
Vendor No.
Pay To:
Four D Construction, Inc.
10901 Stinson Drive
Dallas, Texas 75217
Invoice Invoice Fund Dept No Object SAC Amount
Number Date (XXX) (XXX) pO(XX)N) ()0000
Final Payment 4/30/98 612 901 58410 9801 $43,498.59
GRAND TOTAL
Explanation: Construction work completed from 4/14/98 - 4/21/98 on the Muddy Creek
Interceptor Sewer project. This final payment and acceptance was approved
by Council at the May 12, 1998 Meeting. One year warranty begins from this date.
Finance Dept. Department Head
Application for Payment Final —
Owner. City of Wylie For Period From: April 14,1998
To: April 21,1998
Project Name: Muddy Creek Interceptor Sewer Phase I
Owners Project No.: Engineers Project No.: 002-41.42
Contractor Four D Construction,Inc.
Address: 10901 Stinson Dr.
Dallas,TX 75217
CONTRACT AMOUNT CONTRACT TIME
Part A
Amount of Contract as Awarded: $863,860.00 Contract Date: February 26,1998
Change Orders: Start Date. February 26,1998
#1 $9,823.00 Time Allotted: 120 cal.days
#2 Time Extensions: 0 cal.days
#3 Revised Contract Time: 120 cal.days
#4 Elapsed. 54.00 cal.days
#5 %Time Elapsed: 45.00%
#6 Remaining: 66 cal.days
Total Change Orders $9,823.00
Total Adjusted Contract $873,683.00
ESTIMATE SUMMARY
Amount Completed to Date(See Attached): $869,971.80
Material on Hand(See Attached).
• PROTECT TOTAL TO DATE: 99.58%u $869,971.80
Less 0% Retainage: $0.00
Less Previous Payments: $826,473.21
Total Deductions: $826,473.21 ($826,473.21)
TOTAL AMOUNT DUE THIS ESTIMATE: $43,498.59
Recommended: Approved:
By:
By:
r p,
Date:
Date:
Engineer City of Wylie
4.'22/98 Page 1 App for Pay Final-Four D
FROM : PHONE NO. : P02
42) our 2 Con3trudllon, Jena
OWNER; City of Wylie - 2000 Hwy. 78, Wylie. :Ix. 75098
ENGINEER. The Hogan Corporution,Inc ._:,12900 Preston Rcl,.#610, Dallas%. T res ^_
CONTRACTOR: Pour D Construction, Inc.-10901 Stin.:nc1 Ur. � Dallas, Texas 75217 ,_
PROJECT: Muddy Creek Interceptor _ Phase I 't'HQ#002-41 ,20_ . _ _ __ _ _
PAY RE(ITEST NO: 3 & Final PERIOD F.NDTNG: Una
21,. 1998 _®
Quantl y .elcripfio.t (�na .offal
1 . 3 AC Clasring $10,000.00 $13,000.00
5,626 LF 48" Sanitary Sewer 107.20 603,107.20
1,232 LF 36" Sanitary Sewer 66.00 81 ,312.00
1,520 LE 30" Sanitary Sewer 54.60 82,992,00
1 EA 48" Plug 940.00 940.00
1 EA 36" Plug 645.00 645.00
1 EA 30" Plug 550.00 550.00
1 HA 21" Plug 300.00 300.00
9 EA Type S Manhole 3,753,00 33,777,00
8 EA Type S Manhole w/Vents 3,950,00 31 ,600.00
145 LF Concrete Rncasemmnt 70.00 10,150,00
8,378 LF Trench Safety 0.20 1 ,675.60
1 EA Adjust Irrigation Main 100.00 100.00
1 LS Change Order No. 1. 9,823,00 9,823.00
Total Complete To Date: $869,971 .80
Less 0% Retainage : $0.00
I.atiti Pre-vto,is Payments. $826,473.21
Total Amount Due This Period : $43,498,59
•
ate. ./„...
p 0 gox 422 • Searle/ eras 75159 •
AFFIDAVIT OF FINAL PAYMENT
STATE OF: Texas
COUNTY OF: Dallas
I HEREBY CERTIFY THAT ALL PAYROLLS, BILLS FOR MATERIALS AND EQUIPMENT,
AND OTHER INDEBTEDNESS CONNECTED WITH THE WORK FOR WHICH OWNER OR ITS
PROPERTY MIGHT IN ANY WAY BE RESPONSIBLE, HAVE BEEN PAID IN FULL.
SUBSCRIBED AND SWORN TO BEFORE ME
THIS 22 DAY OF April ,19 98 Four D Construct ' .,� Inc.
Y NAM
MY COMMISSION EXPIRES: 74_9q BY: , ��
NOTARY PUBLIC
•4fPY PV•.,
', ;;; f CHARLOTTE M. LEGE is'
�►� o Notary
pp ry Public,State of Texas
NAME OF JOB: Muddy Creek Interceptor Sewer ',� ?' My Commission Expires 7-08-99
fl
CITY AND STATE: Wylie, Texas
UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE, PHILADELPHIA, PENNSYLVANIA
TO: (Owner) The City ob Wyfi,e
2000 Hwy 78 Nanth
Wy.P;i,e, Texa$ 75098
RE: Bond No. U281 00 71: Fount) Conztnuc-,ion, Inc.
Pna ject: Muddy Cneefa In erLcep-ton Sewers - Phase I
In accordance with the provisions of the Contract between the Owner and Contractor as indicated
above, the UNITED PACIFIC INSURANCE COMPANY
4 Penn Cewten Plaza
Ph eadelph,.a, PA 19103 , SURETY
on bond of (here insert name and address of Contractor)
Fours D Conz t ac ti..on, Inc.
10901 StLvi6on Ditive , CONTRACTOR
VaUais, Texas 75217
hereby approves of the final payment to the Contractor, and agrees that final payment to the Con-
tractor shall not relieve the Surety Company of any of its obligations to (here insert name and address
of Owner) The Ctity 06 W yV.e
2000 Hwy 78 Nonth
Wy.i i.e, Texcus 75098 , OWNER
as set forth in the said Surety Company's bond.
Dated this 22nd day of ApJLL . , 19 98
UNITED PACIFIC INSURANCE COMPANY
Attorney-in-Fact 30'n04 P. FLL.XOn
BDU-2402 9/93(Consent to Payment—Final Estimate)
WYLIE CITY COUNCIL
tr/i.
CONSENT AGENDA COMMUNICATION
May 12, 1998
Issue:
Consider and Act Upon a Final Plat(Approved for Construction)for Phase I of Southplace
Estates, proposed by Balipen Venture II, L.P., generally located along the east side of South
Ballard Street directly across from Stoney Brook Drive and being all of a 13.995 acre tract
out of the Allen Atterberry Survey, Abstract No. 23, City of jWylie, Collin County, Texas.
Background:
The final plat under consideration is for Phase I of Southplace Estates. The applicant is
platting 13.995 acres in order to develop the property with single family residential homes.
The property is currently unplatted and zoned for SF-2 (Single Family Residential) uses.
Financial Considerations:
Impact fees for 46 lots in Phase I of Southplace Estates amount to $97,152.00
Other Considerations:
• Staff has reviewed the proposed plat for Phase I of Southplace Estates and found
it to be in compliance with the Subdivision Regulations and other pertinent
ordinances of the City of Wylie.
• The minimum lot size permitted within the SF-2 district is 8,500 square feet. The
applicant is platting the property into 46 lots with a minimum lot size of 8,540
square feet.
• A Final Plat was approved and authorization of construction of the improvements
for this property was obtained May 27, 1986. The Subdivision Regulations
extend a maximum of two years from the time of approval before the approval
expires; therefore, this subdivision's Final Plat and Construction plans had to be
resubmitted for approval.
Consent Agenda
Final Plat-Southplace Estates-Phase I
Page I
Other Considerations -continued
• The majority of the subdivision's improvements (streets, water, sewer, etc.) are
substantially complete. The applicant is aware that due to the extended time
which has elapsed since the water and sanitary sewer lines have been tested, it
will be necessary to re-test both systems in their entirety in order to ensure their
integrity. All testing will be done under the supervision of the City of Wylie.
Additionally, a 50 foot section of road pavement on Brechenridge will have to
removed and replaced because the concrete cylinder test results were
substantially below the minimum 28 day compressive strength required.
• An off-site sanitary sewer extension will have to be constructed in order to
provide service to the development. The applicant has secured all necessary off-
site easements.
Commission Recommendation:
At the April 6, 1998, Planning and Zoning Commission meeting, the Commission voted
by 7-0 to favorably recommend this case.
Staff Recommendation:
Approval
The Department's of Public Works, Fire, and Community Development concur with this
recommendation.
Attachments:
Final Plat Application
Final Plat
r '
Prepared by Revi ed by Finan City Manager Approval
Consent Agenda
Final Plat-Southplace Estates-Phase I
Page 2
Page 1 of 3 City of Wylie
(1/95)
APPLICATION AND FINAL PLAT CHECKLIST
Date
Name of Proposed Development --C)004Z1 �4 c l‘
Name of Property Owner/Developer ,64 l/ e 1,40 /e `7 L + P,
Address q CO / V � ( frcie/es. ),-_.7Phone 2/ `/ - v 9;2--
Owner of Record / /ip<i
Address Sc,ez-t. a S Phone S'c i-t ce s 6 '6,k
Name of Land Planner A"- De IA El ()lee 4u4
Surveyor/Engineer
Address Phone ?' ? 2 /�( q- Sc) 5
Total Acreage / 3c S Current Zoning f
Number of Lots/Units �I
Signed "1-g7
The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and
shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale
provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2"
x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design
techniques shall also provide a copy of all drawings on diskette to the City.
The following Final Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations. The following checklist is intended only as a reminder and a guide for those
requirements.
Page 2 of 3
Page 2 of 3
Provided or Not
Shown on Plat Applicable
(7-
1. Title or name of development, written and graphic scale,
9 P
north point, date of plat and key map.
V byand 2. Location of the development City, County a State.
�\ 3. Location of development tied to a USGS monument, Texas
Highway monument or other approved benchmark.
4. Accurate boundary survey and property description with tract
�j boundary lines indicated by heavy lines.
1� x,
5. If no engineering is provided, show contours of 5 foot
/ intervals.
(� 6. Accurate plat dimensions with all engineering information
g 9
necessary to reproduce plat on the ground.
_ 7. Approved name and right-of-way width of each street, both
within and adjacent to the development.
8. Locations, dimensions and purposes of any easements or
other rights-of-way.
v 9. Identification of each lot or site and block by letter r and
number and building lines.
(1/ 10. Record owners of contiguous parcel of unsubdivided land,
names and lot patterns of contiguous subdivisions, approved
Concept Plans, reference recorded subdivision plats or
adjoining platted land by volume and page.
11. Boundary lines, dimensions and descriptions of open
spaces to be dedicated for public use of the inhabitants of the
development.
12. Certificate of dedication of all streets, alleys, parks and
other public uses signed by the owner or owners (see wording).
Page 3 of 3
X13. Designation of the entity responsible for the operation and
maintenance of any commonly held property and a waiver
releasing the City of such responsibility, a waiver releasing the
City for damages in establishment or alteration of graded (see
wording).
14. Statement of developer responsibility for storm drainage
improvements (see wording).
(\/, 15. Instrument of dedication or adoption signed by the owner or
owners (see wording).
16. Space for signatures attesting approval of the plat (see
wording).
74— 17. Seal and signature of the surveyor and/or engineer
responsible for surveying the development and/or the
preparation of the plat (see wording).
18. Compliance with all special requirements developed in
preliminary plat review.
�! 19. Statements indicating building permits will be issued until all
public improvements are accepted by the City (see wording).
20. Submit along with plat a calculation sheet indicating the
area of each lot.
21. Attach copy of any proposed deed restrictions for proposed
subdivision.
Taken by: (IJ File No.:
Date:
3 b qg . •
Fee: 2r'��'
Receipt No.: / ` (Th Z�
rt/.*t
WYLIE CITY COUNCIL
AGENDA COMMUNICATION i
Public Hearing
May 12, 1998
issue:
Consider and act upon a request to Rezone 45.3768 acres from R (Retail), B-1 (Business),
and MF (Multifamily) to PD (Planned Development) for'single family residential uses,
Amending the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the
Moses Sparks Survey, Abstract No. 849, Collin County, Texas and generally located along
the east side of McCreary Road just south of Southfork Mobile Home Park. Requested by
Pat Atkins. ZC 98-02.
Background:
The applicant is requesting rezoning on 45.3768 acres in order to develop the property with
a master planned single family residential community. The property to the north is zoned
MH (Mobile Home) and developed with a mobile home park. The property to the south is
vacant and zoned A (Agricultural). The property to the east is vacant and zoned PD
(Planned Development)for single family residential uses. The property to the southeast is
vacant and zoned A (Agricultural) with an approved PD (Planned Development) concept
plan for single family residential uses. The property to the west is not within the City of
Wylie proper.
Public Comment Forms were mailed to sixty-three (63) property owners within 200 feet of
this request. One (1) Public Comment Form in support of the request has been received.
Other Considerations:
• The Comprehensive Plan recommends Single Family Residential uses for the property.
The proposed land use is consistent with the Comprehensive Plan only in terms of the
single family residential aspect. The minimum single family residential lot size permitted
by zoning is 7,200 sq. ft.
• Section 21 of the City of Wylie Comprehensive Zoning Ordinance No. 85-23A states that
the PD (Planned Development) district is intended to provide for combining and mixing
of uses allowed in various districts. The proposed PD does not incorporate a mixed use
concept and, therefore, does not meet the intent of the district and ordinance.
• The applicant is filing this PD in order to request several variances to the single family
residential requirements. Specifically, the applicant is proposing a master planned
single family residential community with approximately 149 lots. The minimum lot size
being proposed is 6,000 sq. ft.
Public Hearing
Zoning Case 98-02
Page I
Other Considerations-continued
• Additional reductions to the single family residential area regulations being requested
are as follows:
20 ft. 25 ft.
inNERearMardEME 15 ft.for structure and 25 ft.
principle
20 ft.for
garage
10 ft. between structures an
d 15 Not less than 6 ft. on each side
ft.for sideyards adjacent
'ace t to a of the lot and 20
ft.for side yards
1
side street. adjacent to a side street.
i tt um Lot DepthA 100 ft. and 90 ft.for cul-de-sac. 100 ft.
......................................................
......................................................
......................................................
ii imum l itt i k > 50 ft. 60 ft.
.......................................................
......................................................
.......................................................
35 ft. or 2 1/2 stories 2 stories
• Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must
have two means of access or approach Where development phasing or constraints of
the land prevent the provision of a second, separate means of access, the city may
accept a median divided street or divided entry to satisfy this requirement. Riverway
Lane was preliminary platted as the one point of divided approach for Phase II of
Lakeside Estates (the 62 acre tract to the east). The applicant is proposing to utilize
Riverway Lane as the one point of divided approach for both Phase II and Phase III.
• Dr. Fuller(Wylie I.S.D. Superintendent) has indicated that he has informed the applicant
that it would be advantageous to both the school and the city if an additional five (5)
acres were offered to the City as a joint use concept or neighborhood park.
• The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum
dwelling size permitted within the SF-3 district is 1,100 sq. ft.
• The applicant will be required to plat the property prior to the issuance of any building
permits.
• The applicant is aware that staff may be able to support a PD request incorporating a
mixed use concept encompassing both 6,000 and 7,200 (SF-3) sq. ft. lots. Specifically,
6,000 sq. ft. lots may be appropriate within the northern portion of this property along the
southern edge of the mobile home park to the north.
Financial Considerations:
Not Applicable
Public Hearing
Zoning Case 98-02
Page 2
Commission Recommendation:
At the March 16, 1998, Planning and Zoning Commission meeting, the Commission voted
unanimously to table this zoning case to April 6, 1998, so that staff could review the
changes to the Conceptual Plan proposed by the applicant during the meeting.
At the April 6, 1998, Planning and Zoning Commission meeting, the Commission voted
unanimously to table this zoning case to April 20, 1998, per the applicant's request. The
applicant indicated that he needed extra time in order to coordinate proposed changes with
Wylie Independent School District (see enclosed letter).
On April 13, 1998, the applicant submitted a new Conceptual Plan incorporating the
development standards detailed above. Specific changes distinguishing this Conceptual
Plan from the original submittal are as follows:
1. The applicant has proposed a ten (10) acre school site in the northwest corner of the
property. Dr. Fuller (Wylie I.S.D. Superintendent) has verified that the applicant has
made an offer to sell the ten (10) acre site to the school district. Dr. Fuller also indicated
that the applicant's offer requires that the school district participate in the cost
associated with providing public facilities and services to the property.
2. The original submittal proposed a 1.6 acre park to be dedicated to the City. The
Conceptual Plan under consideration does not incorporate a park.
3. The applicant has increased the minimum dwelling size from 1,400 to 1,600 square feet.
At the April 20, 1998, Planning and Zoning Commission meeting, the Commission voted by
6-1 to recommend denial. Section 35.5(2) of the City of Wylie Comprehensive Zoning
Ordinance No. 85-23A states that when a proposed zoning request is heard by the City
Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4)
majority vote by the City Council shall be required for approval.
Staff Recommendation:
Denial due to the fact that the proposed PD does not meet the intent of the PD district and
ordinance. Specifically, Section 21 of the City of Wylie Comprehensive Zoning Ordinance
No. 85-23A states that the PD (Planned Development) district is intended to provide for
combining and mixing of uses allowed in various districts. The proposed PD does not
incorporate a mixed use concept and, therefore, does not meet the intent of the district and
ordinance. Staff is of the opinion that the applicant is filing this PD (Planned Development)
in order to request a blanket variance to the Comprehensive Zoning Ordinance and create
a new single family residential district.
The Departments of Public Works, Fire, and Community Development concur with this
recommendation.
Public Hearing
Zoning Case 98-02
Page 3
Attachments:
Proposed Land Data
Public Comment Form
Location Map
Area Zoning Map
Property Owner Notification Map
Property Owner Notification Report
Public Hearing Notice
Dr. Fuller's Letter
Applicant's Letter
Zoning Change Application
Concept Plan
/(1.84/-4--- rienlAk (A./;14/a
Prepared by R sewed by Fi nce City Manager Approval
Public Hearing
Zoning Case 98-02
Page 4
LAKESIDE ESTATES
WYLIE, TEXAS
PROPOSED LAND USE DATA LOW DENSITY
RESIDENTIAL PLANNED DEVELOPMENT
LAKESIDE ESTATES RESIDENTIAL PROPOSED ZONING:
ACRE ZONING NO. OF UNITS DENSITY S.F.
45.37 Single Family 200 4.41
I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS
1. PURPOSE
This district is intended for low density residential uses. Planning techniques will
involve traditional single family detached, residential designs with a minimum lot
size of 6,000 SF.
2. FRONT YARDS
Minimum front yard building line 20' (Twenty Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with
a minimum of 20' (Twenty Feet) for garage setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of 10' (Ten Feet) is always maintained
between structures. A side yard adjacent to a side street shall not be less than 15'
(Fifteen Feet), even when a side yard is across from a front yard, the side yard
shall be 15' (Fifteen Feet).
5. MINIMUM LOT WIDTH
There shall be a minimum lot width of 50' (Fifty Feet) measured at the front
building line.
6. MINIMUM LOT DEPTH - -
There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety
Feet) at cul-de-sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily incidental to the use.
Churches and church related uses as permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed 35' (Thirty-Five Feet) or two and one-half(2-1/2) stories
in height.
9. MINIMUM DWELLING SIZE
Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet).
10. LOT COVERAGE
In no case shall more than 60% (Sixty Percent) of the total lot area be covered by
the combined area of the main buildings and accessory buildings.
11. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum of 75% (Seventy
Five Percent) brick, tiles, cement, concrete, stone or similar materials.
II. DEVELOPMENT STANDARDS:
1. Provisions for a divided entry off of McCreary Road to allow for additional access
along with landscape identifying features for the Master Planned Subdivision.
2. Provisions for the Master Thoroughfare Plan for the Collector Systems.
3. Provisions for Master Homeowners Association and Deed Restrictions.
4. Paving design to adhere to the City of Wylie's standards allowing for 4" crowns.
PUBLIC COMMENT FORM MAR 1 2 1"9,a
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie, Texas 75098
X I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-02.
I am AGALNST the requested zoning as explained on the attached public notice for Zoning Case#98-02.
Date,Location&Time of
Planning&Zoning
Commission meeting: Monday,March 16, 1993, 7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, April 14, 199S, 7:00.pm
Municipal Complex, 2000 Highway 78 North, Wylie,Texas
Name: William Y.arkarian
(please print)
Address: 254 Valeen Ln .
S .M .H .Park ylie , Tex . 75098
Wylie Tax Account Number
(if shown on enclosed map):
Signature: .1/ i
Date:
COMMENTS:
I have no objections to the zoning
request . I just hope that , bet,;een the adjoining
property owners , the security fence separating
the two plots is properly repaired and made to
look decent . Right now it ' s an eyesore and does
nothing to restrain field varmints from entering
our yards.
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OWNER
PROPERTY NOTIFICATIONCASE #98-0002
ZONING
NOTIFICATION REPORT
APPLICANT: Pat Atkins, Tipton Engineering APPLICATION FILE # 98-0002
6630 Belt Line Garland, Tx 75043
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
252 252 Valeen Lane
1 SFMHP M-5030-000-252D-1 Robert J. Cooper Wylie, Texas 75098
253 253 Valeen Lane
2 SFMHP M-5030-000-253C-1 Trinidad Stadleberger Wylie, Texas 75098
254 254 Valeen Lane
3 SFMHP M-5030-000-2540-1 William Markarian Wylie, Texas 75098
746 746 Valeen Lane
4 SFMHP M-5030-000-746E-1 Steven T. Johnson Wylie, Texas 75098
745 745 Valeen Lane
5 SFMHP M-5030-000-745-1 Orlando Fonseca Wylie, Texas 75098
255 255 Valeen Lane
6 SFMHP M-5030-000-255E-1 Jeanette Nutt Wylie, Texas 75098
256 256 Valeen Lane
7 SFMHP M-5030-000-256E-1 Larry E. Williamson Wylie, Texas 75098
257 257 Valeen Lane
8 SFMHP M-5030-000-257C-1 James K. Nations Wylie, Texas 75098
258 258 Valeen Lane
9 SFMHP M-5030-000-258E-1 Raymond Brill Wylie, Texas 75098
259 259 Valeen Lane
10 SFMHP M-5030-000-259A-1 Steven Bogart Wylie, Texas 75098
260 260 Valeen Lane
11 SFMHP M-5030-000-260E-1 Mary Spurlin Wylie, Texas 75098
261 261 Valeen Lane
12 SFMHP M-5030-000-261 E-1 Timothy Birdwell Wylie, Texas 75098
262 262 Valeen Lane
13 SFMHP M-5030-000-262A-1 Rebecca L. Holt Wylie, Texas 75098
263 263 Valeen Lane
14 SFMHP M-5030-000-263B-1 Daniel McCarley Wylie, Texas 75098
264 264 Valeen Lane
15 SFMHP M-5030-000-264B-1 Sergio Fallad Wylie, Texas 75098
265 324 2nd Street W.
16 SFMHP M-5030-000-265B-1 John A. Rauch III Baird, Texas 79504-6216
266 266 Valeen Lane
17 SFMHP M-5030-000-266D-1 Don Hestand Wylie, Texas 75098
267 CMH Parks Inc. #402 P.O. Box 15169
18 SFMHP M-5030-000-267C-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69
268 P.O. Box 1749
19 SFMHP M-5030-000-2680-1 Randy Hamlin Wylie, Texas 75098
269 269 Valeen Lane
20 SFMHP M-5030-000-2690-1 James Kane Wylie, Texas 75098
557
21 SFMHP No Listing
556 556 John Ross Lane
22 SFMHP M-5030-000-556D-1 John Profitt Wylie, Texas 75098
363 P.O. Box 861454
23 SFMHP M-5030-000-363A-1 Marie Sawyer Plano, Texas 75086-1454
362 362 Sue Ellen Lane
24 SFMHP M-5030-000-362A-1 John Tyson Wylie, Texas 75098
360 360 Bobby Avenue
25 SFMHP M-5030-000-360G-1 Henry Kaminski Wylie, Texas 75098
361 361 Bobby Avenue
26 SFMHP M-5030-000-361 D-1 Charlotte Tassan Wylie, Texas 75098
316 316 Bobby Avenue
27 SFMHP M-5030-000-316F-1 Glen Schrier Wylie, Texas 75098
315 315 Bobby Avenue
28 SFMHP M-5030-000-315D-1 Mark Malone Wylie, Texas 75098
313
29 SFMHP No Listing
314 4013 Windy Crest Drive
30 SFMHP M-5030-000-314A-1 Steven Williams Carrollton, Texas 75007-1513
271 CMH Parks Inc. #402 P.O. Box 15169
31 SFMHP M-5030-000-271 B-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69
270 270 Jena Lane
32 SFMHP M-5030-000-270B-i Michael Neel Wylie, Texas 75098
559
33 SFMHP No Listing
558 558 Valeen Lane
34 SFMHP M-5030-000-558C-1 Joe L. Bergin, Jr. Wylie, Texas 75098
551 CMH Parks Inc. #402 P.O. Box 15169
35 SFMHP M-5030-000-551 B-1 Attn: Chris Lockhart Knoxville, TN 37901-5169
552 552 John Ross Lane
36 SFMHP M-5030-000-5520-1 Leonard Dox Wylie, Texas 75098
553 553 John Ross Lane
37 SFMHP M-5030-000-5530-1 Lorraine Walter Wylie, Texas 75098
554 554 John Ross Lane
38 SFMHP M-5030-000-554E-1 Melody Turnbull Wylie, Texas 75098
555 555 John Ross Lane
39 SFMHP M-5030-000-555C-1 Glen Hodge Wylie, Texas 75098
513 513 Ellie Court
46 SFMHP M-5030-000-513E-1 John W. Sanders Wylie, Texas 75098
514 514 Ellie Court
45 SFMHP M-5030-000-514D-1 George Dawson Wylie, Texas 75098
515 515 Miss Ellie Court
44 SFMHP M-5030-000-515C-1 Archie Smith Wylie, Texas 75098
516 516 Ellie Court
43 SFMHP M-5030-000-516B-1 Alfonso Perez Wylie, Texas 75098
51 7 51 7 Ellie Court
42 SFMHP M-5030-000-517E-1 Virginia Huyer Wylie, Texas 75098
518 518 Miss Ellie Circle
40 SFMHP M-5030-000-518E-1 Terry Bahe Wylie, Texas 75098
519 CMH Parks Inc. #402 P.O. Box 15169
41 SFMHP M-5030-000-519C-1 Attn: Chris Lockhart Knoxville, TN 37901-5169
505 505 Miss Ellie Circle
54 SFMHP M-5030-000-505B-1 Oscar Douglas Wylie, Texas 75098
506 CMH Parks Inc. #402 P.O. Box 15169
53 SFMHP M-5030-000-506B-1 Attn: Chris Lockhart Knoxville, TN 37901-5169
507 507 Miss Ellie Circle
52 SFMHP M-5030-000-507B-1 Annie Dafft Wylie, Texas 75098
508
51 SFMHP No Listing
509 509 Miss Ellie Circle
50 SFMHP M-5030-000-509A-1 Mana Hudson Wylie, Texas 75098
510 510 Miss Ellie Circle
49 SFMHP M-5030-000-5100-1 Stephen D. Swinnea Wylie, Texas 75098
511 CMH Parks Inc. #402 I P.O. Box 15169
48 SFMHP M-5030-000-511 D-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69
512 521 Miss Ellie Circle
47 SFMHP M-5030-000-512C-1 Phyllis Swentik Wylie, Texas 75098
709 709 Miss Ellie Circle
58 SFMHP M-5030-000-709E-1 Raymond Reynolds Wylie, Texas 75098
710 710 Miss Ellie Circle
57 SFMHP M-5030-000-710C-1 Brad Lundberg Wylie, Texas 75098
711
56 SFMHP No Listing
712 712 Miss Ellie Circle
55 SFMHP M-5030-000-712A-1 Tracey McNichol Wylie, Texas 75098
3500 Oak Lawn LB 14
56 Abst 849 Tract 2 M-6849-000-0020-1 The Texas Presbyterian Foundation Dallas, Texas 75219-4371
3500 Oak Lawn LB 14
57 Abst 849 Tract 3 M-6849-000-0030-1 The Texas Presbyterian Foundation Dallas, Texas 75219-4371
Parker International Corporation 2556 Morning Glory Drive
58 Abst 849 Tract 4 M-6849-000-0040-1 Chiu Chen Richardson, Texas 75082-2316
William E. Campbell, Jr. 16475 Dallas Parkway, #500
59 Abst 849 Tract 11 M-6849-000-01 10-1 Reservoir Limited Partnership Dallas, Texas 75248-2639
504 CMH Parks Inc. #402 P.O. Box 15169
60 SFMHP M-5030-000-504A-1 Attn: Chris Lockhart Knoxville, TN 37901-5169
708 708 Miss Ellie Circle
61 SFMHP M-5030-000-708A-1 Nancy Gore Wylie, Texas 75098
713
62 SFMHP No Listing
520 520 Miss Ellie Circle
63 SFMHP M-5030-000-520E-1 Jeffrey Stoker Wylie, Texas 75098
Pat Atkins 6330 Broadway, Suite C
64 Tipton Engineering, Inc. Garland, Texas 75043
• 1
NOTICE OF PUBLIC HEARING
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
An application has been received by the City of Wylie for a:
PROPOSED ZONING CHANGE
Zoning Case Number: 98-02
Applicant: Pat Atkins
Location: Generally located along the east side of McCreary Road just south of Southfork Mobile Home Park
Property Description: Tract 2 &3 of the Moses Sparks Survey, Abstract No. 849(See the attached Exhibit"A"for full
legal description)
Present Zoning: MF(Multifamily),R(Retail),and B-1 (Business)
Requested Zoning: PD(Planned Development)for single family residential uses
Proposed Master Planned Single Family Community.
This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of
Wylie, Texas and the Official Zoning Map. The request will be considered as follows:
City Council: Tuesday,May 12,1998,7:00 PM
The public hearing will be held at the following location:
City Council Chambers of the Municipal Complex
2000 Highway 78 North,Wylie,Texas
This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last
approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is
not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall
be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the
City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If
you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and
return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if
applicable) on the enclosed form and return it to the following address:
City of Wylie
Department of Planning
2000 Highway 78 North
Wylie,TX 75098
If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public
hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of
the City Council.
The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For
additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when
requesting information.
This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,
or(TDD)(972)442-8170 for assistance.
, •
98 - 02
FIELD NOTES
EXHIBIT "A"
a).fld
4
BEING all of that certain lot, tract or parcel of land situated in the City of Wylie 1Texas,
out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the
property conveyed to The Texas Presbyterian Foundation, a Texas non-profit corporation,
by deed as recorded in Volume 2278 at Page 155 of the Deed Records of Collin County,
Texas, and being more particularly described by metes and bounds as follows;
BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian
Foundation tract, said point being in the center of McCreary Road (100 foot right of way)
and also being the Northwest corner of a 50 foot permanent roadway and utility easement
conveyed to the City of Wylie, Texas as recorded in Volume 2245 at Page 29 of the Deed
Records of Collin County, Texas;
THENCE, N 89° 56' 39" E, and passing the Southwest corner of a tract of land conveyed
to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at
55.03 feet and continuing along the Common line of said Clayton/Cambridge tract and
The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet
deed) to a 5/8" iron rod found for corner, said point also being the Northwest corner of a
tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in
Volume 872 at Page 153 of the Deed Records of Collin County, Texas;
THENCE, S 02° 21' 37" W, along the common line of said Campbell tract and The
Texas Presbyterian Foundation tract for a distance of 1499.60 feet (1502.41 feet deed ) to
a 1/2" iron rod found for corner;
THENCE, N 86° 13' 20" W, and continuing along the common line of said Campbell and
The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe
found for corner, said point being the Northeast corner of a tract of land conveyed to
Parker International Corporation�by deed as recorded in County Clerk File No. 94-
0076703 of the Deed Records of Collin County, Texas;
THENCE, N 89° 20' 39" W, and following the north line of said Parker International
Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner, said point
being in the center of the aforesaid McCreary Road (100 foot right-of-way);
THENCE, N 01° 50' 33" E, along the center of said McCreary Road and the West line of
The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet
deed) to the PLACE OF BEGI\STING and containing 45.3768 acres of land more or less.
REC'D FEB 111998
APR 2 7 1998
71)(1v
WYLIE INDEPENDENT SCHOOL DISTRICT
H.John Fuller,Ed.D.-Superintendent
April 23, 1998
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie, Texas 75098
�y1r/C
Dear M�` ins:
Please be advised that as of 2:00 p.m. yesterday, the school district has negotiated a purchase
price for 10 acres for an elementary school site on McCreary Road south of Southfork Mobile
Home Park. I informed Mr. David Howell that it would be advantageous to both the school and
the city if he would offer 5 acres to the City of Wylie. The school district plans to build the new
elementary school on the McCreary Road site.
As in the past, I appreciate the cooperation we have received from the city and look forward to a
continued partnership as we embark on this new adventure.
Sincerely,
II. John Fuller, Ed.D.
HJF/ssg
P.O.Box 490 • Wylie,Texas 75098-0490 • (972)442-5444 • FAX(972)442-5368
FILE Nc . 55E, 03/ 1 '9: 1=:42 ID:TIPTON ENGNEERING 972 226 19,16 PAGE 2
® TIPTON ENGINEERING, INC.
ENGINEERING• SURVEYING• PLANNING
6330 Broadway Blvd. • Suite C • Garland, Texas 75043 • (972) 226-2967 • FAX (972)226.1946
4341
March 31, 1998
Mr. Tobin Maples
Director of Planning
CITY OF WYLIE
2000 Highway 78 North
Wylie, TX 75098
RE: LAKESIDE ESTATES PHASE III
WYLIE, TEXAS
Dear Mr. Maples:
As authorized agent for Paramount Land Development, we are hereby requesting
our zoning case and development plan for the above referenced project scheduled
for April 6, 1998,to be tabled and rescheduled for the April 20, 1998 meeting.
The extra time will allow us to coordinate with Wylie Independent School District
based on final location of a proposed elementary school site. If you have any
questions, or if we can be of any further assistance, please do not hesitate to
contact our office.
•
Sincerely,
1 PTON ENGINEERING,INC.
1
Pat Atkins
President
PA/ce
Cc: David Howell
- 02
Page 1 of 2 (5/93)
CITY OF WYLIE
P.O. BOX 428
WYLIE, TEXAS 75098
APPLICATION FOR ZONING CHANGE
Case No. (1`" Filing Fee $225 . 00 Date
Applicant PAT ATKINS/TIPTON ENGINEERING, INC . Phone No. 972-226-2967
Mailing Address: Work No. 972-226-2967
6330 Broadway , Suite C •
Garland . Texas 75043
LEGAL DESCRIPTION OF PROPERT SOUGHT TO BE REZONED: (If additional space is
needed for description, the description may be put on a.separate sheet and attached hereto).1
See attached sheet
I he-_ehv re6 es6th.�t tl�e above described property be changed from its present zoning which
is� 6 e a i District Classification to P-D Single Family District Classification
and B 1 86--6,9
for the following reasons:
(attach separate sheet if necessary)
To provide for upscale Master Planned Single Family Community .
There (axe (are not) deed restrictions pertaining to the intended use of the property.
Status of Applicant QVINK Eng i neer Tenant
Prospective Purchaser
I have attached hereto as Exhibit "A" a plat showpg the property v 'oh is the subject of this
requested zoning change and have read the followng concerning the imp dance of my submitting
to the City a sufficient legal description. /
Signed
VD FEB 111998
98 - 02
Page 2 of 2
Note:
1
The legal description is used to publish notice of the required hearing and in the preparation of
the final ordinance granting the zoning change. The description must be sufficient so as to allow
a qualified surveyor to take the description and locate and mark off the tract on the ground. Each
applicant should protect himself by having a surveyor or his attorney approve his legal
description. Failure to do so by the applicant may result in delay in passage of the final ordinance
or the ordinance being declared invalid at some later date because of an insufficient legal
description.
2
If the applicant is someone other than the owner, written acknowledgement by the owner of the
zoning request must also be submitted.
•
•
FCD FEB 11 1998
Q8 - 0%
•
f AW QFFIC ••SS OC__,
BARNEIT hL GOODSTEIN, P.C._ A.aaAccc
�7]7 LBJ F Ec'1•1AY
SUITi 121
FAX TRANSMITTAL FAx3T`a' -Y07
}Ey.,F AA A.0 0 72
DATE: 9-19-97
TO: Barber Trible, Tipton Engint ing
FAX HO. : 226-1946
FROM: Barnett Goodstein
PHONE NO. : (972) 387-4.303
FAX NO. (972) 661-5683
TRANSMITTAL CONSISTS OF THIS COVER SHEET, PLUS.-_ PAGES
CoHMENTS: Mr. Ralph Pinkus has contracted to sell a p.rcel of larx .now owned by
him;:: and zoned Agricultural Use, to parties who are blocking up a large tract to rezone
for residential usP. bt^. Pirikus is cut of the comtry at the present time; however, I am
his attorney, and I believe I can sceak on his behalf in this ratter. The said ContLact of
Sale gives the Buyer the rd ht toapply for the rezoning of the subject tract, and change
the agricultural tsP to residential lisp and zoning. Therefore, Mr. Pinkus already has agreed
to this change in zoning, if the Zoning Bard agrees to change the said zoning and use of the
subject p`vperty. This, bawever,., is subject to and contingent upon the understanding and •
agreeTent of all concerned that, in the event the subject prorP-ty is not so rezoned, the
U-se will resin as agricultural use (as 3 -. Pinkus row ilsPs it) , and the tax base will rot
be changed. If, on the other hand, the 11SP is charged so that the rezoning allows resi-
dential 11�.;: tin it be understm1 that the Buyer, and not b,`r. Pinkus, shall be liable for
any ad valorem taxes — past or future — that ray be assessed as a result of the zoning to
allow resicentia1 use. Mr. Pinkus does not desire such rezoning for himself, and if this
rezoning is not app -oved, Mr. Pinkus fully intends to continue to use the subject property
for agricultural asps, and for ro other. With this proviso, 1•ts. Pink-as would have no pro-- •
hibitienn against the aver raking aoplicatia: an the Pinkus tract for any zoning other than
agricultural, with the kio ledte and 1-el ief that, if such zoning is rot granted, Mr. Pinkus
will continue to have agricultural tvP and tars based on such asps; and that the Buyer shell
indemnify and hold harmless M~. Pinkus if any other . result is Trade faun a rec-uest for a re •
-
zoning that is rot gran'-md.
If you have any questions, or did not receive this te.lecopy
clearly, please call our office immediately.
cc: i•tr. Con Shirley - 214-691-0682 cc; Dick Johnson x ; Faith Pink-us
*******Dc*,e****************************z***********gtk**-***********
THE IKTCA.MATICM COMTAIMED IM THIS /ACSIMILE MESSAGE IS ATTCP.MEY PAIVILESED AHD CORFI;EMTIAL IMFORX.ATIOA
:RTEHDED OM.Y FOR THE USE DF THE In IVIDUAL OR CCITT OAHED ABOVE. IF THE READER Of THIS PESSAOE IS HOT THE
IHTEIQEO RECIPIENT. OR Tex E'vL07EC PR AOEM REIP-CMLI3LE FOR PCL:KA:K4 IT TO T„E 1KTERDCD RECIPIENT. TOU AAE
HT_.REST 11DT1FIE0 THAT ART DISSE.RINATIC-S, DISTR:5VTIO1, OA CCPYIH1 OF TH:5 COM:SUR:CAT:CA IS STRICTLT PROHIBITED.
IF 1TJ HAVE RECEIVE; THIS COP:n_RI:CATICA IM ERR;R, PLEASE IRREOIAiELT MOTIFT US DT 1ELEP:r:ME AAD RETURN THE
CR:01HM 1SESSAS? TO vs AT THE ASJVE ACORESS VIA THE V.S. POSTAL SERVICE. THANK YOU.
FECD FEB 11 1998
98 - 02 -Y
September 19, 1997
•
Re: 27.2413 Acres
Wylie, Texas
TO WHOM IT CONCERN:
I hereby authorize Tipton Engineering, Inc. to proceed with zoning on the above referenced
property.
Ce-et;4-,-,f-tj
Thomas Williams,Administrator of the
Estate of Kathleen E. Williams •
•
RED FEB 111998
SEP-22-97 MOH 11 :56 CHARD P.:RKER. IHC. 1 •129 - 01 91
9/22/97
•
City Of Wylie
Zoning Dept.
Wylie, Texas
Re: 38 acres out of the Moses Sparks Survey Abst. 849
and the G.W. Gunnells Survet Abst. 351
Sir:
We authorize Tipton .Engineering Inc. to proceed with the
zoning request on the above referenced property.
•
Thank you,
C%()A P52Allid
•
Ida Pearl Scho6
F CD FEB 11 1998
: -2 -i7 COX?. CC;NFA;iiF_ 9 8 G2
anipbell C ompany oc aa>>as MI z€2,1toas
30C BENT TREE TOWER • 1e473 CALL.:S PARKWAY • DALLAS,TEKAS 75243
REALTOIR (214)248.8888
FAX(214)248.0230
MCMOCR;
MA:IOMA.A{SOC1A1104 or REAL CO TATO 110A11C3
MATICMAL IRCTITNTC Or RCAL CATATC.CO4CA!
70C1Cr,or IMOl1GTNIAL A40 0711ci 11CALTOR■
Septernber22, 1997
Ms.Barbara Tribble
Tipton Engineering
• 6330 Broadway Blvd., Suite C
Garland,Texas 75043
Dear Ms.Tribble:
I hereby approve Tipton Engineering to move forward with procedures to rezone the Murphy Limited
Partnership and Reservoir Limited Partnership from Agricultural to Single Family Residential.
It is understood that Paramount Land Development has authorized Tipton to do this work at the sole
cost and expense of Paramount Land Development. It is further understood the zoning changes will
not be completed until all of the provisions of the pending Contract of Sale have been completed.
Sincerely,
Murphy Limited Partnership and Reservoir Limited Partnership
;'illia.Tn E. Campbe , Jr.
WEC:rju
cc: Con Shirley
•
REC'D F E B 11 1998
WYLIE CITY COUNCIL
AGENDA COMMUNICATIONrtiff
Public Hearing
May 12, 1998
Issues:
Consider and act upon a request to rezone 1.502 acres from A (Agricultural)',to R(Retail),
Amending the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the
Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County, Texas and generally
located along the east side of South Ballard just north of the Alanis. Requested by the City
of Wylie.
Background:
The applicant is requesting rezoning on 1.502 acres in order to facilitate an expansion to
the fire station and bring the zoning of the property into compliance with the Comprehensive
Plan. The property to the north is vacant and zoned for B-2 (Business) uses. The properties
to the south and east are vacant and zoned for R (Retail) uses. The property to the
northeast is vacant and zoned for SF-2 (Single Family Residential) uses. The property to
west is vacant and zoned A (Agricultural).
Public Comment Forms were mailed to five (5) property owners within 200 feet of this
request. No Public Comment Forms have been returned.
Financial Considerations:
The rezoning application fees have been waived ($225.00).
Other Considerations:
• The Comprehensive Plan recommends retail, commercial, business and public uses for
the area. The proposed zoning and land use are consistent with the Comprehensive
Plan and compatible with the surrounding retail and business zoning to the north, south,
and east.
• The City's Official Zoning Map (Ordinance 91-12) indicates that the zoning on this
property is P (Public). The City of Wylie Comprehensive Zoning Ordinance (Ordinance
No 85-23A) does not include a P (Public) zoning district. The intent of the rezoning
request is to establish an official zoning district on the property in compliance with the
Comprehensive Plan and surrounding zoning.
Public Hearing
Zoning Case No 98-04
Page I
Other Considerations -continued
• The applicant will be required to plat the property prior to the issuance of any building
permits.
Commission Recommendation:
At the April 20, 1998, Planning and Zoning Commission meeting, the Commission voted
unanimously to recommend approval of this case.
Staff Recommendation:
Approval
The Department's of Public Works, Fire, and Community Development concur with this
recommendation.
Attachments:
Location Map
Area Zoning Map
Property Owner Notification Map
Property Owner Notification Report
Public Hearing Notice
Zoning Change Application
4691-1,01 r Tn .k. C496144
Prepared by viewed by F n nce City Manager Approval
Public Hearing
Zoning Case No 98-04
Page 2
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• _
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a) n
NOTIFICATION REPORT
APPLICANT: City of Wylie APPLICATION FILE # 98-0003
2000 Hwy 78 North •
# BLK/ABST LOT/TRACT TAX l.D. # PRO'ERTY OWNER NAME ADDRESS ,
5105 Skillman #220
1 Abst 23 Tract 36 R�6023-000,•0360-1 Fred Kern Living Trust , Dallas, Texds 75206-4361 ,
224 Meadowlark
2 Abst 23 Tract 38 R-6023-000-0380-1 Richard Nance Wylie, Texas 75098-5000
2000 Hwy. 78 North
3 Abst 23 Tract 39 R-6023-000-0390-1 City df Wylie,(Applicant) , Wylie, Texas 75098
6212 Wiscasset Road
4 Abst 267 Tract 8-9 R-6267-000.0084-1 Vlrginia Foote &Cdtherihe Frey, , , Bethesda, MD,2081 6-21 1 8,
Texds Department of Transportation P.O. Box 90
5 , , , , , Attn:,Bill Lbvil , , , , McKinney, Texas 75064
NOTICE OF PUBLIC HEARING
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
An application has been received by the City of Wylie for a:
PROPOSED ZONING CHANGE
Zoning Case Number: 98-02
Applicant: Pat Atkins
Location: Generally located along the east side of McCreary Road just south of Southfork Mobile Home Park
Property Description: Tract 2 &:3 of the Moses Sparks Survey, Abstract No. 849 (See the attached Exhibit"A"for full
legal description)
Present Zoning: MF(Multifamily),R(Retail),and B-1 (Business)
Requested Zoning: PD(Planned Development)for single family residential uses
Proposed Master Planned Single Family Community.
•
EXHIBIT "A"
4341(a).fld
BEING all of that certain lot, tract or parcel of land situated in the City of Wylie,Texas,
out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the
property conveyed to The Texas Presbyterian Foundation, a Texas non-profit corporation,
by deed as recorded in Volume 2278 at Page 155 of the Deed Records of Collin County,
Texas, and being more particularly described by metes and bounds as follows;
BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian
Foundation tract,said point being in the center of McCreary Road(100 foot right of way)
and also being the Northwest corner of a 50 foot permanent roadway and utility easement
conveyed to the City of Wylie,Texas as recorded in Volume 2245 at Page 29 of the Deed
Records of Collin County,Texas;
THENCE,N 89° 56' 39"E,and passing the Southwest corner of a tract of land conveyed
to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at
55.03 feet and continuing along the common line of said Clayton/Cambridge tract and
The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet
deed) to a 5/8" iron rod found for corner,said point also being the Northwest corner of a
tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in
Volume 872 at Page 153 of the Deed Records of Collin County,Texas;
THENCE, S 02° 21' 37" W, along the common line of said Campbell tract and The
Texas Presbyterian Foundation tract for a distance of 1499.60 feet(1502.41 feet deed) to
a 1/2" iron rod found for corner;
THENCE,N 86° 13' 20"W, and continuing along the common line of said Campbell and
The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe
found for corner, said point being the Northeast corner of a tract of land conveyed to
Parker International Corporation by deed as recorded in County Clerk File No. 94-
0076703 of the Deed Records of Collin County,Texas;
THENCE, N 89° 20' 39" W, and following the north line of said Parker International
Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner, said point
being in the center of the aforesaid McCreary Road(100 foot right-of-way);
THENCE,N 01° 50' 33"E, along the center of said McCreary Road and the West line of
The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet
deed) to the PLACE OF BEGINNING and containing 45.376S acres of land more or less.
An application has been received by the City of Wylie for a:
PROPOSED ZONING CHANGE
Zoning Case Number: 98-04
Applicant: City of Wylie
Location: Generally located along the east side of South Ballard Avenue just north of Alanis Drive .
Property Description: Being all of a 1.502 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, in
the City of Wylie, Collin County,Texas (See the attached Exhibit"A"for full legal description)
Present Zoning: A(Agricultural)
Requested Zoning: R(Retail)
Proposed addition to the Fire Station.
•
"EXHIBIT A"
WHEREAS,the City of Wylie,is the owner of a tract of land situated in the Allen
Atterberry Survey,Abstract No.23,in the City of Wylie,Collin County,Texas, and
being all of that certain 1.502 acre tract of land,and being called aI.5 acre tract described
in a SPECIAL WARRANTY DEED to the City of Wylie,in Volume 1053,Page 876 of
the Collin County Deed Records,and is more particularly described by metes and bounds
as follows •
•
BEGINNING at a 3/4 inch iron rod found in the east right of way line(30 feet from
centerline)of Ballard Street,and being the southwest corner of said 1.5 acre tract,and
being the westerly northwest corner of a 158.06 acre tract of land described in a
• WARRANTY DEED in Volume 2991,Page 921 of the Collin County Deed Records,
and being 321.6 feet,North of a 1/2 inch iron rod found at the intersection of the west line •
of said Ballard Street and the North right of way line of Alanis Dr., and said beginning
3/4 inch iron rod being the southwest corner hereof;
THENCE North,with the east line of said Ballard Street and the west line of said 1.5 acre
tract,220.00 feet,to a 3/4 inch iron rod found in concrete at the northwest corner of said
1.5 acre tract,being the southwest corner of a tract of land described in a DEED in Collin
County Clerk File No. 95-0018290,called the Fred Kern Living Trust Tract,for the
northwest corner hereof;
THENCE North 89 deg. 57 min. 40 sec.East,with the north line of said 1.5 acre tract,
and the south line of said Fred Kern Tract, and at 3.8 feet pass a 3/4 inch iron rod found,
and continuing for a total distance of 297.44 feet, to a 1/2 inch iron rod set at tt;e
northeast corner of said 1.5 acre tract,being the northerly northwest corner of said 158.06
acre tract, and being the northeast corner hereof;
•
THENCE South with the east line of said 1.5 acre tract,being a northerly west line of •
said 158.06 acre tract,220.00 feet to a 3/4 inch iron rod found at the southeast corner of
said 1.5 acre tract,being a interior"ell"corner of said 158.06 acre tract, and being the
southeast corner hereof;
THENCE South 89 deg. 57 min. 40 sec.West,with the south line of said 1.5 acre tract,
being a westerly north line of said 15S 05 acre tract,297.44 feet to the place of beginning
and calculated to contain 1.502 acres of land.
This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of
Wylie,Texas and the Official Zoning Map. The request will be considered as follows:
Planning and Zoning Commission: Monday,April 20,1998,7:00 PM
City Council: Tuesday,May 12,1998,7:00 PM
Each public hearing will be held at the following location:
City Council Chambers of the Municipal Complex
2000 Highway 78 North,Wylie,Texas
Page 1 of 2 (519
CITY OF WYLIE
P.O. BOX 428
WYLIE, TEXAS 75098
•
APPLICATION FOR ZONING CHANGE
•
Case No. ya7-4 y Filing Fee i'Vh'
. Date 3— -
Applicant 62- OP i4--//,•e Phone No. 2 8is D
Mailing Address: Work No.
Zo o o 1-1.-y 7 S /1 •
•
LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is
needed for description, the description may be put on a separate sheet and attached hereto).1
I hereby request that the above described property be changed from its present zoning which
is District Classification to
for the following reasons: District Classification
(attach separate sheet if necessary)
There (are) (are not) deed restrictions pertaining to the intended use of the property.
2
Status of Applicant Owner Tenant
Prospective Purchaser
I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this
requested zoning change and have read the following concerning the importance of my submitting
to the City a sufficient legal description.
Signed TrIVL2- CeefeUv -
Po.ge2of2
Note:
1 -
The legal description is used to publish notice of the required hearing and in the preparation of
the final ordinance granting the zoning change. The description must be sufficient so as to allow
a qualified surveyor to take the description and locate and mark off the tract on the ground. Each
applicant should protect himself by having a surveyor or his attorney approve his legal
description. Failure to do so by the applicant may result in delay in passage of the final ordinance
or the ordinance being declared invalid at some later date because of an insufficient legal
description.
2
If the applicant is someone other than the owner, written acknowledgement by the owner.of the
zoning request must also be submitted.
ORDINANCE NO.
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 TO R, RETAIL DISTRICT
CLASSIFICATION; 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 R, Retail District
Classification, said property being described in Exhibit "A" 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 38 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 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 day of , 1998.
By
James D. Swartz, Mayor
ATTEST:
Barbara Salinas, City Secretary
•
"EXHIBIT A"
WHEREAS,the City of Wylie,is the owner of a tract of land situated in the Allen
Atterberry Survey,Abstract No. 23,in the City of Wylie,Collin County,Texas, and
being all of that certain 1.502 acre tract of land,and being called al.5 acre tract described
in a SPECIAL WARRANTY DEED to the City of Wylie,in Volume 1053,Page 876 of
the Collin County Deed Records,and is more particularly described by metes and bounds
•
as follows:
BEGINNING at a 3/4 inch iron rod found in the east right of way line(30 feet from
centerline)of Ballard Street,and being the southwest corner of said 1.5 acre tract,and
being the westerly northwest corner of a 158.06 acre tract of land described in a
• WARRANTY DEED in Volume 2991,Page 921 of the Collin County Deed Records,
and being 321.6 feet,North of a 1/2 inch iron rod found at the intersection of the west line
of said Ballard Street and the North right of way line of Alanis Dr., and said beginning
3/4 inch iron rod being the southwest corner hereof;
THENCE North,with the east line of said Ballard Street and the west line of said 1.5 acre
tract,220.00 feet,to a 3/4 inch iron rod found in concrete at the northwest corner of said
1.5 acre tract,being the southwest corner of a tract of land described in a DEED in Collin
County Clerk File No. 95-0018290,called the Fred Kern Living Trust Tract,for the
northwest corner hereof;
THENCE North 89 deg. 57 nun. 40 sec.East,with the north line of said 1.5 acre tract,
and the south line of said Fred Kern Tract,and at 3.8 feet pass a 3/4 inch iron rod found,
and continuing for a total distance of 297.44 feet, to a 1/2 inch iron rod set af'the
northeast corner of said 1.5 acre tract,being the northerly northwest corner of said 158.06
acre tract,and being the northeast corner hereof;
•
THENCE South with the east line of said 1.5 acre tract,being a northerly west line of
said 158.06 acre tract,220.00 feet to a 3/4 inch iron rod found at the southeast corner of
said 1.5 acre tract,being a interior"ell" corner of said 158.06 acre tract, and being the
southeast corner hereof;
THENCE South S9 deg. 57 min. 40 sec. West,with the south line of said 1.5 acre tract,
being a westerly north line of said 15S 05 acre tract,297.44 feet to the place of beginning
and calculated to contain 1.502 acres of land.
;4/1
WYLIE CITY COUNCIL
ACTION AGENDA COMMUNICATION
May 12, 1998
Issues:
Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Lakeside
Estates, Amending!the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated
in the Moses Sparks Survey,Abstract No. 849, Collin County, Texas and generally located
along the east side of McCreary Road just south of Southfork Mobile Home Park.
Requested by Pat Atkins.
Background:
The preliminary plat/development plan under consideration is Phase III of Lakeside Estates.
The applicant is preliminary platting 45.3768 acres in order to develop the property with a
master planned single family residential community. The development plan aspect of this
case is the final step associated with establishing the PD (Planned Development) zoning
requested in ZC. No. 98-02. In order to establish a PD (Planned Development), the
developer must follow a two-step process which includes submitting for approval a
Conceptual Plan and a Development Plan.
The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must
show the applicant's intent for the use of the land within the proposed development in a
graphic manner as required by Staff, and be supported by written documentation of
proposals and standards for development. The Conceptual Plan must also show
thoroughfares, preliminary lotting arrangements and other pertinent development data
deemed necessary.
Once Staff has determined that the applicant has provided sufficient information, a Public
Hearing must be held at which the Conceptual Plan will be submitted to the Planning and
Zoning Commission to consider recommending approval or denial of the Conceptual Plan
to the City Council. Once the Planning and Zoning Commission has taken action, the City
Council will call a Public Hearing at which the Conceptual Plan will be submitted for
approval.
The Second phase of establishing a PD District is submitting for approval a Development
Plan. The Development Plan shall set forth the final plans for the PD District and shall
conform to the data presented and approved on the Conceptual Plan. The Development
Plan is a complete site inventory analysis of what is to be developed. The ordinance
establishing the PD District will not be approved until a Development Plan has been
approved.
Action Agenda
Preliminary Plat/Development Plan Phase III-Lakeside Estates
Page 1
Other Considerations:
• The applicant is filing this preliminary plat/development plan in order to request
several variances to the single family residential requirements. Specifically, the
applicant is proposing a 149 lot master planned single family residential
community with a minimum lot size of 6,000 sq. ft.
• Additional reductions to the single family residential area regulations associated with
this preliminary plat/development plan are as follows:
magfroniMaktimm 20 ft. 25 ft.
iNEMitearOOMmoi 15 ft.for principle structure and 25 ft.
20
ft.for
garage
9
e
10 ft. between structures and 15 Not les
s than 6 ft. on each sid
e
' cent to a of th
e lot and
.for side
yards
side yard
s
ft.for
Y 1
side stre
et. adj
acent to a side street
<Minimum Lot Depth» 100 ft. and 90 ft.for cul-de-sac. 100 ft.
uu !wink t idth 50 ft. 60 ft.
35 ft. or 2 1/2 stories 2 stories
:;>:.;:;.;:.;.................. .......................
• Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must
have two means of access or approach Where development phasing or constraints of
the land prevent the provision of a second, separate means of access, the city may
accept a median divided street or divided entry to satisfy this requirement. Riverway
Lane was preliminary platted as the one point of divided approach for Phase II of
Lakeside Estates (the 62 acre tract to the east). The applicant is proposing to utilize
Riverway Lane as the one point of divided approach for both Phase II and Phase III.
• Dr. Fuller (Wylie I.S.D. Superintendent) has indicated that he has informed the applicant
that it would be advantageous to both the school and the city if an additional five (5)
acres were offered to the City as a joint use concept or neighborhood park.
• The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum
dwelling size permitted within the SF-3 district is 1,100 sq. ft.
• The Subdivision Regulations state that where subdivisions are platted so that the rear
yards of residential lots are adjacent to a dedicated roadway, the owner shall provide
screening at his or her sole expense. The applicant has proposed a six (6) ft. masonry
screening wall along McCreary Road.
• Staff has reviewed the proposed preliminary plat/development plan for Phase Ill of
Lakeside Estates and found it to be in compliance with the concept plan proposed in ZC.
No. 98-02. This preliminary plat/development plan also complies with the Subdivision
regulations and other pertinent ordinances of the City of Wylie except for right-of-way
dedication. Section 5.04 C. (1) of the Subdivision Regulations state that the property -
Action Agenda
Preliminary Plat/Development Plan Phase III-Lakeside Estates
Page 2
Other Considerations-continued
- owner shall provide all right-of-way required for existing or future streets, including
perimeter streets, as shown in the Thoroughfare Plan. The preliminary plat/development
plan under consideration shows a permanent roadway easement along McCreary Road.
Should the Council approve this case, said easement needs to be dedicated to the city
as right-of way for McCreary Road as shown in the Thoroughfare Plan.
Financial Considerations:
Impact fees for 149 residential lots in Phase III amount to $314,688.00
Commission Recommendation:
At the March 16, 1998, Planning and Zoning Commission meeting, the Commission voted
unanimously to table this case to April 6, 1998, due to the fact that the preliminary
plat/development plan does not comply with the existing zoning encompassing the property.
The applicant's rezoning request applicable to this preliminary plat/development plan was
tabled to the April 6, 1998, Planning and Zoning Commission meeting.
At the April 6, 1998, Planning and Zoning Commission meeting, the Commission voted
unanimously to table this case to April 20, 1998, per the applicant's request. The applicant
indicated that he needed extra time in order to coordinate proposed changes with Wylie
Independent School District (see enclosed letter).
On April 13, 1998, the applicant submitted a new Preliminary Plat/Development Plan
incorporating the development standards detailed above. Specific changes distinguishing
this Preliminary Plat/Development Plan from the original submittal are as follows:
1. The applicant has proposed a ten (10) acre school site in the northwest corner of the
property. Dr. Fuller (Wylie I.S.D. Superintendent) has verified that the applicant has
made an offer to sell the ten (10) acre site to the school district. Dr. Fuller also indicated
that the applicant's offer requires that the school district participate in the cost
associated with providing public facilities and services to the property.
2. The original submittal proposed a 1.6 acre park to be dedicated to the City. The
Conceptual Plan under consideration does not incorporate a park.
3. The applicant has increased the minimum dwelling size from 1,400 to 1,600 square feet.
At the April 20, 1998, Planning and Zoning Commission meeting, the Commission voted by
6-1 to recommend denial. Section 35.5(2) of the City of Wylie Comprehensive Zoning
Ordinance No. 85-23A states that when a proposed zoning request is heard by the City
Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4)
majority vote by the City Council shall be required for approval.
Action Agenda
Preliminary Plat/Development Plan Phase III-Lakeside Estates
Page 3
Staff Recommendation:
Denial. However, should the Council approve ZC. No 98-02, the Preliminary
Plat/Development Plan is in compliance with the Conceptual Plan proposed in said zoning
case and, therefore, should be approved accordingly and with the following stipulations:
1. The preliminary plat/development plan be corrected by incorporating any stipulations or
corrections associated with the approval of ZC. No. 98-02.
2. The preliminary plat/development plan be corrected by dedicating the necessary right-of-
way as detailed above.
3. The following notes being added to the preliminary plat/development plan:
Note 1:
A. Proposed masonry screening wall shall be located on private property and maintained
by the Homeowners Association.
Should the Council recommend approval of ZC. No. 98-02 with only one (1) point of
approach, staff recommends that the following note be added to the preliminary
plat/development plan in order to ensure secondary access is provided in a timely manner.
Note 2:
A. Per Section 5.01 C. (1) (b) of Ordinance 93-33, Subdivision Regulations, secondary
access shall be required for Development Plan of Lakeside Estates Phase III at the time
one (1) of the following two (2) events occur:
1. Application for housing permits have been submitted for 25% of the lots within
Development Plan of Lakeside Estates Phase Ill; or
2. Two calendar years beginning with the date of adoption of this ordinance.
A. Subsequent to the occurrence of one (1) of the two (2) above referenced events, no
permit of any kind will be issued within the Development Plan of Lakeside Estates Phase
Ill prior to the City's final approval and acceptance of secondary access for Development
Plan of Lakeside Estates Phase III.
Should the Council recommend denial of ZC. No. 98-02, this preliminary plat/development
plan must be denied as it will not comply with the existing zoning encompassing the
property.
Action Agenda
Preliminary Plat/Development Plan Phase III-Lakeside Estates
Page 4
Attachments:
Proposed Land Use Data
Preliminary Plat/Development Plan Application
Dr. Fuller's Letter
Applicant's Letter
Ordinance
Preliminary Plat/Development Plan
% P\ni-JAILOAkifia4-
Prepared by ewe by Fi ance City Manager Approval
Action Agenda
Preliminary Plat/Development Plan Phase III-Lakeside Estates
Page 5
LAKESIDE ESTATES
WYLIE, TEXAS
PROPOSED LAND USE DATA LOW DENSITY
RESIDENTIAL PLANNED DEVELOPMENT
LAKESIDE ESTATES RESIDENTIAL PROPOSED ZONING: •
ACRE ZONING NO. OF UNITS DENSITY S.F.
45.37 Single Family 200 4.41
I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS
1. PURPOSE
This district is intended for low density residential uses. Planning techniques will
involve traditional single family detached, residential designs with a minimum lot
size of 6,000 SF.
2. FRONT YARDS
Minimum front yard building line 20' (Twenty Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with
a minimum of 20' (Twenty Feet) for garage setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of 10' (Ten Feet) is always maintained
between structures. A side yard adjacent to a side street shall not be less than 15'
(Fifteen Feet), even when a side yard is across from a front yard, the side yard
shall be 15' (Fifteen Feet).
S. MINIMUM LOT WIDTH
There shall be a minimum lot width of 50' (Fifty Feet) measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety
Feet) at cul-de-sac.
7. USE REGULATIONS •
Single family detached units and accessory uses customarily incidental to the use.
Churches and church related uses as permitted by specific use permit.
•
8. HEIGHT REGULATIONS
No building shall exceed 35' (Thirty-Five Feet) or two and one-half (2-1/2) stories
in height.
9. MINIMUM DWELLING SIZE
Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet).
10. LOT COVERAGE •
In no case shall more than 60% (Sixty Percent) of the total lot area be covered by
the combined area of the main buildings and accessory buildings.
11. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum of 75% (Seventy
Five Percent) brick, tiles, cement, concrete, stone or similar materials.
II. DEVELOPMENT STANDARDS:
1. Provisions for a divided entry off of McCreary Road to allow for additional access
along with landscape identifying features for the Master Planned Subdivision.
2. Provisions for the Master Thoroughfare Plan for the Collector Systems.
3. Provisions for Master Homeowners Association and Deed Restrictions.
4. Paving design to adhere to the City of Wylie's standards allowing for 4" crowns.
Page 1 of 3 PAID FEB 1lC199Wylie (1/95)
APPLICATION AND PRELIMINARY PLAT CHECKLIST
Date
Name of Proposed Development LAKESIDE ESTATES PHASE III
Name of Property M /Developer PARAMOUNT LAND DEVELOPMENT , INC.
Address 15851 Dallas Parkway , Suite 100 Phone 972-490-3255
Dallas , Texas /5248
Owner of Record THE TEXAS PRESBYTERIAN FOUNDATION
Address 3500 Oak Lawn Ave . , Suite 300 Phone
Dallas , Texas 75219
Name of Land Planner TIPTON ENGINEERING, INC .
Surveyor/Engineer
Address 6330 Broadway , Suite C Phone 972-226-2967
barland, texas /5u43
Total Acreage 45 . 376 .Current Zoning %-D Single Family
Number of Lots/Units 200
Sign d
'TAT- ATKINS , REPRESENTATIVE
TIPTON ENGINEERING, INC .
The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all
data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall
be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared
using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on
diskette to the City.
The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations. The following checklist is intended only as a reminder and a guide for those requirements.
Provided or Not
Shown on Plat Applicable
X 1. The boundary line (accurate in scale and orientation) of the tract
to be subdivided.
REC'DFEB111998
Page 2 of 3
X • 2. The location, widths and names of all existing or platted streets or
other public ways within and adjacent to the tract, existing permanent
buildings, railroads, rights-of-way and other important features, such
as abstract lines, political subdivision or corporation lines and school
district boundaries.
X 3. Existing sewer mains, water mains, drainage culverts or other
underground structures and utilities within the tract and immediately
adjacent thereto with pipe sizes, grades and locations indicated.
X 4. Contours with intervals of two feet (2') or less, referred to mean
seal level datum, by actual field survey.
X 5. The names of adjacent subdivisions and/or the names of record
owners of adjoining parcels of unsubdivided land.
X 6. The proposed name of the subdivision.
X 7. North arrow, scale, date and approximate acreage of the proposed
subdivision.
X 8. The names, addresses and telephone numbers of the subdivider
and of the engineer, surveyor or planner, responsible for preparation
of the plat.
X 9. The tract designation, zoning classification and other description
according to the real estate records of the City or proper county
authority; also, designation of the proposed uses of land within the
subdivision, including the number of lots of each classification.
X 10. All parcels of land intended to be dedicated for public use or
reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose of conditions or
limitation of such reservations.
X 11. The layout, names and widths of proposed streets, alleys and
easements, such as drainage easements, access easements,
electrical easements and maintenance easements.
X 12. Provision for the connection of streets with other streets adjacent
to the subdivision and for extension of streets to undeveloped
property. Also a Circulation Plan indicating how continuous ingress
and egress from existing residences and for City Staff will be
maintained.
RED FEB 111998
Page 3 of 3
X 13. The proposed base flood floodplain limits and elevations on a
one-foot contour interval for all open channels.
X 14. A plan of the proposed water and sanitary sewer mains and
proposed drainage facilities, including drainage areas, location of
lines, inlets, culverts, bridges, provisions for discharging onto and
crossing adjacent properties and calculated runoff and points of
concentration.
X 15. A location map of the proposed subdivision on a scale of 1" =
1000' showing existing and proposed streets and thoroughfares
covering an area at least one mile outside the proposed subdivision.
X 16. Typical cross-sections of proposed streets showing the width and
cross slope of pavement, type of pavement and location, width and
cross slope of sidewalks. Title Block shall indicate the date of the
current submittal and the revision number.
X 17. A notice shall be placed on the face of each Preliminary Plat by
the subdivider (see wording).
X 18. An approval block/certificate shall be placed on the face of each
Preliminary Plat by the subdivider (see wording).
Taken by: File No.:
zip
Date: 411 IR Fee: 5a�
Receipt No.: 14(0 35
.- 5dc,, '
PA\D FEB 11
RECD FEB 111998
APR 2 7 1998
1)(f
WYLIE INDEPENDENT SCHOOL DISTRICT
H.John Fuller,Ed.D.-Superintendent
April 23, 1998
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie, Texas 75098
fit(
Dear M ms:
Please be advised that as of 2:00 p.m. yesterday, the school district has negotiated a purchase
price for 10 acres for an elementary school site on McCreary Road south of Southfork Mobile
Home Park. I informed Mr. David Howell that it would be advantageous to both the school and
the city if he would offer 5 acres to the City of Wylie. The school district plans to build the new
elementary school on the McCreary Road site.
As in the past, I appreciate the cooperation we have received from the city and look forward to a
continued partnership as we embark on this new adventure.
Sincerely,
H. John Fuller, Ed.D.
HJF/ssg
P.O.Box 490 • Wylie,Texas 75098-0490 • (972)442-5444 • FAX(972)442-5368
® TIPTON ENGINEERING, INC. _
Al
ENGINEERING• SURVEYING• PLANNING
6330 Broadway Blvd. • Suite C • Garland. Texas 75043 • (972) 226.2967 • FAX (972)226-1946
4341
March 31, 1998
Mr. Tobin Maples
Director of Planning
CITY OF WYLIE
2000 Highway 78 North
Wylie, TX 75098
RE: LAKESIDE ESTATES PHASE III
WYLIE, TEXAS
Dear Mr. Maples:
As authorized agent for Paramount Land Development, we are hereby requesting
our zoning case and development plan for the above referenced project scheduled
for April 6, 1998, to be tabled and rescheduled for the April 20, 1998 meeting.
The extra time will allow us to coordinate with Wylie Independent School District
based on final location of a proposed elementary school site. If you have any
questions, or if we can be of any further assistance, please do not hesitate to
contact our office.
•
Sincerely,
PTON ENGINEERING, INC.
Pat Atkins
President
PAJce
Cc: David Howell
ORDINANCE NO.
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 TO PD, PLANNED
DEVELOPMENT DISTRICT CLASSIFICATION;
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.
(a) 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 PD, Planned
Development District Classification, said property being described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
(b) The use of all property in such area being limited to and governed by the
following conditions:
Permitted Uses: Single Family Detached Dwellings, Public Schools, and
accessory uses customarily incidental to the use. Churches
and church related uses as permitted by specific use permit.
Area Regulations:
Front Yard: Minimum front yard building line 20' (Twenty Feet). To be
measured from the front building line.
Rear Yard: There shall be a rear yard have a depth being not less than 15'
(Fifteen Feet)with a minimum of 20' (Twenty Feet) for garage
setbacks.
Side Yard: A side yard provided whereas a separation of 10' (Ten Feet) is
always maintained between structures. A side yard adjacent to a
side street shall not be less than 15' (Fifteen Feet), even when a side
yard is across from a front yard, the side yard shall be 15' (Fifteen
Feet).
Lot Width: There shall be a minimum lot width of 50' (Fifty Feet) measured at
the front building line.
Minimum
Lot Depth: There shall be a minimum lot depth of 100' (One Hundred Feet)
and 90' (Ninety Feet) at cul-de-sac.
Height
Regulations: No building shall exceed 35' (Thirty-Five Feet) or two and one-half
(2 1/2) stories.
Minimum
Dwelling Size: Minimum dwelling size shall be 1,600 sq. ft.(One Thousand Six
Hundred Square Feet).
Lot Coverage: In no case shall more than 60% (Sixty Percent) of the total area be
covered by the combined area of the main buildings and accessory
buildings.
Minimum
Masonry:
Facade: All main buildings shall have exterior construction of a minimum of
75% (Seventy-Five Percent)brick, tiles, cement, concrete, stone or
similar materials.
Screening
Wall: Proposed masonry screening wall shall be located on private
property and maintained by the Homeowners Association.
Secondary
Access: Per Section 5.01 C. (1) (b) of Ordinance 93-33, Subdivision
Regulations, secondary access shall be required for
Development Plan of Lakeside Estates Phase III at the time
one (1) of the following two (2) events occur:
1. Application for housing permits have been submitted for 25% of the lots within
Development Plan of Lakeside Estates Phase III; or
2. Two calendar years beginning with the date of adoption of this ordinance.
(c) Subsequent to the occurrence of one (1) of the two (2) above referenced
events, no permit of any kind will be issued within the Development Plan of Lakeside
Estates Phase III prior to the City's final approval and acceptance of secondary access for
Development Plan of Lakeside Estates Phase III.
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 38 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 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 day of , 1998.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
9 8 - 0 2
FIELD NOTES
EXHIBIT "A"
4341(a).fld
BEING all of that certain lot, tract or parcel of land situated in the City of\Vylie, Texas,
out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the
property conveyed to The Texas Presbyterian Foundation, a Texas non-profit corporation,
by deed as recorded in Volume 2278 at Page 155 of the Deed Records of Collin County,
Texas, and being more particularly described by metes and bounds as follows;
BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian
Foundation tract, said point being in the center of McCreary Road (100 foot right of way)
and also being the Northwest corner of a 50 foot permanent roadway and utility easement
conveyed to the City of\Vylie, Texas as recorded in Volume 2245 at Page 29 of the Deed
Records of Collin County, Texas;
THENCE,N 89° 56' 39" E, and passing the Southwest corner of a tract of land conveyed
to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at
55.03 feet and continuing along the common line of said Clayton/Cambridge tract and
The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet
deed) to a 5/8" iron rod found for corner, said point also being the Northwest corner of a
tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in
Volume 872 at Page 153 of the Deed Records of Collin County, Texas;
THENCE, S 02° 21' 37" \V, along the common line of said Campbell tract and The
Texas Presbyterian Foundation tract for a distance of 1499.60 feet (1502.41 feet deed ) to
a 1/2" iron rod found for corner;
THENCE,N 86° 13' 20" \V, and continuing along the common line of said Campbell and
The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe
found for corner, said point being the Northeast corner of a tract of land conveyed to
Parker International Corporation by deed as recorded in County Clerk File No. 94-
0076703 of the Deed Records of Collin County, Texas;
THENCE, N 89° 20' 39" \V, and following the north line of said Parker International
Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner, said point
being in the center of the aforesaid McCreary Road (100 foot right-of-way);
THENCE, N 01° 50' 33" E, along the center of said McCreary Road and the West line of
The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet
deed) to the PLACE OF BEGINNING and containing 45.3768 acres of land more or less.
REC'D F E B 11 1998
WYLIE CITY COUNCIL
ACTION AGENDA COMMUNICATION
May 12, 1998
Issue:
Consider and act upon a Preliminary Plat for Wylie Fire Station No. 1. The tract is situated
in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas and
generally located along the east side of South Ballard just north of the Alanis. Requested
by the City of Wylie.
Background:
The preliminary plat under consideration is Wylie Fire Station Number One. The applicant
is preliminary platting 1.502 acres in order to facilitate an expansion to the fire station and
bring the property into compliance with the Comprehensive Plan and Subdivision
Regulations. The property is currently unplatted and developed with an existing fire station.
Financial Considerations:
The application and impact fees have been waived.
Other Considerations:
• Staff has reviewed the proposed plat and found it to be in compliance with the
Subdivision Regulations and other pertinent ordinances of the City of Wylie.
• The Planning and Zoning Commission held a public hearing (ZC. No. 98-04) on April
20, 1998, and recommended to the City Council that this property should be rezoned
from A (Agricultural) to R (Retail) in order to bring the zoning of the property into
compliance with the Comprehensive Plan. The City Council public hearing for ZC.
No. 98-04 will be May 12, 1998.
Commission Recommendation:
At the May 4, 1998, Planning and Zoning Commission meeting, the Commission voted
unanimously to recommend approval of this case subject to City Council approval of
ZC. No 98-04.
Action Agenda
Preliminary Plat-Fire Station I
Page 1
Staff Recommendation:
Approval
The Department's of Public Works, Fire, and Community Development concur with this
recommendation
Attachments:
Preliminary Plat Application
Preliminary Plat
7 c( Th„IJMQ_ )64
Prepared by iewed by i ance City Manager
Approval
Action Agenda
Preliminary Plat-Fire Station 1
Page 2
Page 1 of 3 () 7 Z) 5 4L City of Wylie (1/95)
APPLICATION AND PRELIMINARY PLAT CHECKLIST
Date 3 - 17 -g8
Name of Proposed Development klgi—tE t—► >� lc No . i
Name of Property Owner/Developer l v Y o
Address Z(X)Q �-h iq Phone -44 Z -8)56)
Owner of Record C tT1) oc LPL-cc--
Address Phone
Name of Land Planner M
Surveyor/Engineer Address \53-7 1--‘Avial cc _1j Phone(07Z) 35 - I ZZ7
Total Acreage (. Sd Z Current Zoning
Number of Lots/Units
Signed
The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all
data on a scale not to exceed 1" = 100' with a graphic scale provided. Throe sets of blueline prints shall
be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared
using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on
diskette to the City.
The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations. The following checklist is intended only as a reminder and a guide for those requirements.
Provided or Not
Shown on Plat Applicable
1 . The boundary line (accurate in scale and orientation) of the tract
to be subdivided.
Page 2 of 3
2. The location, widths and names of all existing or platted streets or
other public ways within and adjacent to the tract, existing
permanent buildings, railroads, rights-of-way and other important
features, such as abstract lines, political subdivision or corporation
/ lines and school district boundaries.
v 3. Existing sewer mains, water mains, drainage culverts or other
underground structures and utilities within the tract and immediately
/ adjacent thereto with pipe sizes, grades and locations indicated.
v 4. Contours with intervals of two foot (2') or less, referred to mean sec ,
level datum, by actual field survey.
5. The names of adjacent subdivisions and/or the names of record
owners of adjoining parcels of unsubdivided land.
✓ 6. The proposed name of the subdivision.
7. North arrow, scale, date and approximate acreage of the
proposed subdivision.
8. The names, addresses and telephone numbers of the subdivider
and of the engineer, surveyor or planner, responsible for preparation
of the plat.
V 9. The tract designation, zoning classification and other description
according to the real estate records of the City or proper county
authority; also, designation of the proposed uses of land within the
subdivision, including the number of lots of each classification.
10. All parcels of land intended to be dedicated for public use or
reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose of conditions or
limitation of such reservations.
1 1 . The layout, names and widths of proposed streets, alleys and
easements, such as drainage easements, access easements,
electrical easements and maintenance easements.
12. Provision for the connection of streets with other streets adjacent
to the subdivision and for extension of streets to undeveloped
property. Also a Circulation Plan indicating how continuous ingress
and egress from existing residences and for City Staff will be
maintained.
Page 3 of 3
✓ 13. The proposed base flood floodplain limits and elevations on a
one-foot contour interval for all open channels,
14. A plan of the proposed water and sanitary sewer mains and
proposed drainage facilities, including drainage areas, location of
lines, inlets, culverts, bridges, provisions for discharging onto and
crossing adjacent properties and calculated runoff and points of
concentration.
✓ 15, A location map of the proposed subdivision on a scale of 1" =
1000' showing existing and proposed streets and thoroughfares
/ covering an area at least one mile outside the proposed subdivision.
✓ 16. Typical cross-sections of proposed streets showing the width and
cross slope of pavement, type of pavement and location, width and
cross slope of sidewalks. Title Block shall indicate the date of the
/ current submittal and the revision number.
17. A notice shall be placed on the face of each Preliminary Plat by
the subdivider (see wording).
18. An approval block/certificate shall be placed on the face of
each Preliminary Plat by the subdivider (see wording).
Taken by: File No,:
Date: Fee:
Receipt No.:
WYLIE CITY COUNCIL
rt/1- •
ACTION AGENDA COMMUNICATION
May 12, 1998
Issue•
Consider and act upon a Preliminary Plat for Wylie Fire Station No. 2. The tract is situated
in the G.W. Gunnel Survey, Abstract No. 351, City of Wylie, Collin 'County, Texas and'
generally located along the west side of FM 1378 just north of Brown Street Requested by
the City of Wylie.
Background:
The Preliminary plat under consideration is Wylie Fire Station Number Two. The applicant
is preliminary platting 7.505 Acres in order to develop the property with a fire station. The
property is currently vacant, unplatted, and zoned for A (Agricultural) uses.
Financial Considerations:
The application and impact fees have been waived.
Other Considerations:
• Staff has reviewed the proposed plat and found it to be in compliance with the
Subdivision Regulations and other pertinent ordinances of the City of Wylie.
Commission Recommendation:
At the May 4, 1998, Planning and Zoning Commission meeting, the Commission voted
unanimously to recommend approval of this case.
Staff Recommendation:
Approval
The Department's of Public Works, Fire, and Community Development concur with this
recommendation
Action Agenda
Preliminary Plat-Fire Station 2
Page 1
Attachments:
Preliminary Plat Application
Preliminary Plat
4. ly)=4, s____Cetiam.A.
Prepared y eviewed b Finance City Manager Approval
Action Agenda
Preliminary Plat-Fire Station 2
Page 2
Page 1 of 3 City of Wylie (1/95)
APPLICATION AND PRELIMINARY PLAT CHECKLIST •
• Date 3 - i'7- 96
Name of Proposed Development LYi._i� �F -�A��i-� �o _ �-
�
Name of Property Owner/Developer t O E
Address Z0C ) t-k\LIR Phone 44 Z- 8 l 5'a
Owner of Record (
Address t Ot0 13 bYtAJ 7SZ3 Phone
Name of Land Planner M e
Surveyor/Engineer
Address 53-7 uiSs\les �LA 6e ; Au.E)-4 Phone (07Z) 35 5- I Z Z v
Total Acreage 7. 5o S Current Zoning AU
Number of Lots/Units
Signed / _45
The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all
data on a scale not to exceed 1" = 100'with a graphic scale provided. Three sets of blueline prints shall
be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared
using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on
diskette to the City.
The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations. The following checklist is intended only as a reminder and a guide for those requirements.
Provided or Not
Shown on Plat Applicable
1 . The boundary line (accurate in scale and orientation) of the tract
to be subdivided.
Page 2 of 3
2. The location, widths and names of all existing or platted streets or
other public ways within and adjacent to the tract, existing
permanent buildings, railroads, rights-of-way and other important
features, such as abstract lines, political subdivision or corporation
lines and school district boundaries.
3. Existing sewer mains, water mains, drainage culverts or other
underground structures and utilities within the tract and immediately
/ adjacent thereto with pipe sizes, grades and locations indicated.
,/ or v-* • 4. Contours with intervals of two feet (2') or less, referred to mean seat
/ level datum, by actual field survey.
5. The names of adjacent subdivisions and/or the names of record
owners of adjoining parcels of unsubdivided land.
✓ 6. The proposed name of the subdivision.
✓ 7. North arrow, scale, date and approximate acreage of the
proposed subdivision.
✓ 8. The names, addresses and telephone numbers of the subdivider
and of the engineer, surveyor or planner, responsible for preparation
/ of the plat.
✓ 9. The tract designation, zoning classification and other description
according to the real estate records of the City or proper county
authority; also, designation of the proposed uses of land within the
subdivision, including the number of lots of each classification. ..
10. All parcels of land intended to be dedicated for public use or
reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose of conditions or
/ limitation of such reservations.
1 1 . The layout, names and widths of proposed streets, alleys and
easements, such as drainage easements, access easements,
/ electrical easements and maintenance easements.
12. Provision for the connection of streets with other streets adjacent
to the subdivision and for extension of streets to undeveloped
property. Also a Circulation Plan indicating how continuous ingress
and egress from existing residences and for City Staff will be
maintained.
Page 3 of 3
✓ 13. The proposed base flood floodplain limits and elevations on a
one-foot contour interval for all open channels.
14. A plan of the proposed water and sanitary sewer mains and
proposed drainage facilities, including drainage areas, location of
lines, inlets, culverts, bridges, provisions for discharging onto and
crossing adjacent properties and calculated runoff and points of
concentration.
15. A location map of the proposed subdivision on a scale of 1" =
1000' showing existing and proposed streets and thoroughfares
covering an area at least one mile outside the proposed subdivision.
✓ 16. Typical cross-sections of proposed streets showingthe width and
yp P P
cross slope of pavement, type of pavement and location, width and
cross slope of sidewalks. Title Block shall indicate the date of the
current submittal and the revision number.
17. A notice shall be placed on the face of each Preliminary Plat by
the subdivider (see wording).
18. An approval block/certificate shall be placed on the face of
each Preliminary Plat by the subdivider (see wording).
Taken by: File No.:
•
Date: Fee: _
Receipt No.:
WYLIE CITY COUNCIL
AGENDA COMMUNICATION
May 12, 1998
Issue
Consider and Act Upon Appointing a Board of Director to the North Texas Municipal Water
District Board.
Background
The Board of Directors of North Texas Municipal Water District is a policy making body
similar in nature to the City Council. The Board is responsible to both the State of Texas and
to the member cities for assuring that NTMWD operations occur in accordance with law, in
alignment with NTMWD policy, and in the best interests of the cities receiving services.
NTMWD's existing Board (18 member cities) is comprised of individuals who have worked
to represent their communities in other capacities and who have a solid understanding of
municipal concerns to share with other Directors. Historically, Directors have dedicated from
10 to 30 years of service to the Board, thereby gaining experience and contributing the
necessary leadership. This provides the maximum benefit in order to assure the city's needs
are met in the most effective manner.
All NTMWD programs provide service based on cost to serve, with all cities provided equal
treatment. Therefore, NTMWD policy established by the Board of Directors affects cost,
performance and quality of service.
The City of Wylie has two board members on the NTMWD Board. Mr. Harry Tibbals, whose
term expires May, 1999 and, Mr. Marvin Fuller whose term expires May, 1998. Mr. Fuller has
stated that he would be willing to serve another two years. The City Council will need to
make this appointment before the term expires May 31, 1998.
Financial Considerations
N/A
Other Considerations
In accordance with the statue creating the District, (Article 8280-141), the qualifications of a
Director include the following: "No person shall be appointed a Director unless he resides in
the City from which he is appointed. No member of a governing body of a City, and no
employee of a City, shall be appointed as a Director." Under other State Law, no other
government official that receives compensation could be appointed.
Agenda Communication
NTMWD Board Appointment
Page 1
Board/Commission Recommendation
N/A
Staff Recommendation
N/A
Attachment
Correspondence from NTMWD
A �i . ,�_.� 1!� ��. I, /,�r..� MIL 64144-
Pr; oared by Rev.,e• by Fin- ce City Manager Approval
Agenda Communication
NTMWD Board Appointment
Page 2
MAR 17 1998
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Service Through Unity
March 16, 1998
Mr. Mike Collins, City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
RE: NTMWD BOARD MEMBER APPOINTMENT
Dear Mr. Collins:
This is your official notification that Mr. Marvin Fuller's term of office as an NTMWD
Board Member expires May 31, 1998. The City Council, by a majority vote, should
reappoint Mr. Fuller or appoint another Director to serve a term from June 1, 1998 to
May 31, 2000.
In accordance with the statute creating the District (Article 8280-141), the qualifications
of a Director include the following: "No person shall be appointed a Director unless he
resides in the city from which he is appointed. No member of a governing body of a
city and no employee of a city shall be appointed as a Director." Under other state law,
no other government official that receives compensation could be appointed.
The cities served by the NTMWD appreciate the work and effort expended by the
appointed Directors. It is my practice to visit with new Directors in an orientation
session prior to their first meeting; therefore, please notify my office in writing when
the City Council has appointed a Director for the new term. Should you have any
questions or need additional information, please do not hesitate to contact my office.
• ere y,
CARL W. RIEHN
Executive Director
CWR/mcf
cc: Mr. Marvin Fuller
505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405
WYLIE CITY COUNCIL tit
ACTION AGENDA COMMUNICATION
May 12, 1998
Issue
Consider and Act Upon Approval of a Request from Mr. Ron Evans for a Waiver of the
Tournament Fees for a Benefit Tournament for Britney Tice.
Background
A request has been received from Mr. Ron Evans for a waiver to the tournament fees which
are set within the Code of Ordinances by the Athletic Fields Policy. The Policy establishes
the fees based on the duration of the tournament, with the fees ranging from $100.00 -
$160.00. In addition, there is a security deposit of$50.00 per field, which is credited toward
the tournament fees. The Policy also states:
•
The Athletic Field Policy is by the terms a guideline for the use and
operation of the Community Park facilities, and as such the terms and
provisions are necessarily subject to some variance and deviation.
Provided, however, that any such variance shall be allowed only on the
written approval of the Superintendent of Parks and Recreation, and such
written approval shall be effective if all of the following conditions have
been satisfied:
a) The effect or result of the requested variance will not result in
allowing any actions or activities which are in conflict with the spirit
and intent of the general purpose of the policy; and
b) There is not sufficient time to bring the issue before the Parks
Board and City Council for approval; and
c) The variance is approved by the City Manager or his
representative.
Mr. Evans has indicated that he is requesting the waiver in order to maximize the
proceeds from the tournament.
Staff and the sports associations will be working with the tournament organizers
in order to set the tournament date within the existing scheduled games. The
tournament will be held either in the end of July or beginning of August.
Action Agenda
Waiver of Tournement Fees
Page 1
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
The Park & Recreation Board considered this request during the April 27 meeting and
recommended a waiver of the tournament fees. The Board also recommended that the
deposit fee be required, but returned to the organizers after the tournament.
Staff Recommendation
N/A
Attachment
lenitt4 e64.1444
Prepay y Rev' ed y Fina ce City Manager Approval
Action Agenda
Waiver of Tournement Fees
Page 2
WYLIE CITY COUNCILrtfl•
ACTION AGENDA COMMUNICATION
May 12, 1998
Issue
Consider and Act Upon Authorizing the Chief of Police to Make Application to the United
States Department of Justice, Office of Community Oriented Policing Services for the
Approval of Grants Under the COPS - Universal Hiring Program and the School Based
Partnerships Program: School Related Crime Prevention and Safety Initiative to Facilitate
the Hiring of Additional Police Officers for the City of Wylie.
Background
As has been preciously outlined, the COPS - Universal Hiring Program (UHP) is one of
several approaches developed by the United States Department of Justice under the Public
Safety Partnership and Community Policing Act of 1994 to deploy additional officers
devoted to community policing on the streets and rural routes of this nation. The Universal
Hiring Program enables interested agencies to supplement their current sworn forces
through Federal grants for up to three years. All policing agencies are eligible to apply for
this grant. Applications for grants under the COPS Universal Hiring Program are due May
22, 1998. This request is only to authorize the Chief of Police to make application to the
U.S. Department of Justice to obtain the grant funding. The City of Wylie is, in no way,
committed to accepting the grant(s) even if approval is obtained.
The Office of Community Oriented Policing has just released information about and made
applications available for a new program entitled "SCHOOL BASED PARTNERSHIPS:
SCHOOL RELATED CRIME PREVENTION AND SAFETY INITIATIVE."The intent behind
this program being to help local law enforcement agencies, working with area school
districts, to establish or expand School Resource Officer programs that will make officers
available for assignment within the public school system on a daily basis.
The COPS office is specifically seeking competitive proposals from agencies that are
committed to both the philosophy of community policing and to engagement in a partnership
to analyze crime or disorder problems, within the public schools, implement response
programs tailored to those specific needs and assess the impact of the program responses.
Action Agenda
COPS Grant Application Approval
Page I
Background -continued
The Chief of Police has already met with and obtained a commitment from the
Superintendent of Public Schools to split all costs by half, which are not covered by grant
funding, that may be obtained for a School Resource Officer program. Because limited
federal funds are available for this particular program, it is imperative that the City act
quickly in order to have it's application considered. Submissions under this program are due
back in the COPS office June 15, 1998.
In hiring additional officers, the City may not reduce the scope of the customary screening
and training procedures and must include community policing principles in our training
curricula. In other words, officers under grant assistance obtained from the Department of
Justice must meet the same standards and be provided the same opportunities for training
and advancement as any other officer within the department. The department currently has
certain community based policing programs in place such as the Directed Patrols, Park &
Walk and School Lunch Programs. These personnel must, likewise, be trained and
participate in these programs as do other members of the department.
Financial Considerations
According to information obtained from a COPS Facts bulletin, a total of $12 million in
funding will be available under the School Based Partnerships Program. A local match will
not be required, although applicants are encouraged to contribute cash or in kind resources
to their proposed projects. An additional $ 5.5 million will be available for further efforts
under the School-Related Crime Prevention and Safety Initiative. This grant program is
expected to be extremely competitive. Based upon that fact, it is suspected that
applicants who propose a percentage match from local funds might receive more
consideration and have a better chance of success at obtaining the requested grant funding.
COPS grant funds must not be used to replace funds that eligible agencies otherwise would
have devoted to the hiring of future officers. In other words, any hiring under the UHP must
be in addition to and not in lieu of, officers that otherwise would have been hired without
grant assistance.
As with the previous UHP grant, the total grant funding will be reduced each year by a set
percentage. The City remains responsible to match that portion not funded by the grant.
Should we be successful in obtaining either one of the grants for which applications will be
submitted, it is most likely that grant monies would continue to be distributed in de-
escalating percentages of 75/25, 70/30 and 40/60 over the three year period. Total costs
to the city for this three year period, per officer, would be as follows; 1st year: $9,622.75, 2nd
year $ 12,234.00 and 3rd year $25,710.00 for a total of $47,566.75.
Action Agenda
COPS Grant Application Approval
Page 2
Background -continued
Any funding then utilized to establish School Resource Officer position(s) would then be
split 50/50 with the Wylie Independent School District or 1st year $4,811.37, 2nd year
$6,117.00 and 3rd year $12,855, reducing the city's expenditure to a total of $ 23,783.37
over the same three year period. The fourth and any subsequent years would be funded
totally by the City at an approximate costs of $ 45,150.00 per year, based upon the current
pay scale. However, just the same as above, the costs of any positions assigned to the
School Resource Officer function would be split with the Wylie Independent School District
bringing the total costs to approximately $22,575.00 per year, per entity for each officer
assigned.
Other Consideration
Upon entering into a Cooperative Agreement, both parties agree to the terms and conditions
as set forth in 42 U.S.C. Section 3711, et al. (1994), therefore, binding the City of Wylie and
the United States Department of Justice.
Board / Commission Recommendation
N/A
Staff Recommendation
Staff requests authorization to make application to the United States Department of Justice,
Office of Community Oriented Policing Services for a grant to develop a School Resource
Officer Program.
Attachments
Cover Letter from U.S. Department of Justice
COPS Facts Bulletin
Correspondence from Dr. Fuller
0.4"-e,Q0-14
�'r- afed>;y riAd4 - Revi ed by Fina ce City Manager Approval
Action Agenda
COPS Grant Application Approval
Page 3
interoffice
MEMORANDUM
To: Mike Collins
From: Mike Phillips
Subject: Re: Lanny Payne at 3010 FM 544
Date: May 8, 1998
Mr. Lanny Payne was mailed a certified letter and accepted it on May 6, 1998. He has until May
16, 1998 to satisfy all violations listed on the Notice of Violation(NOV). If violations are not
corrected, the City will hire contractors to clean up.
Mr. Lanny Payne has a Court Hearing and Trial at the Municipal Courts on May 21, 1998. This
trial will be related to citations previously issued on or about May 21, 1996 by the Fire
Department, not recently issued citations for code violations.
You will find enclosed previous correspondence to Mr. Lanny Payne and T.U. Electric.
CITY OF WYLIE
NOTICE OF VIOLATION
This notice is issued to bring to your attention the code violation(s)listed below. Please call if you cannot correct the violation(s)by the date
indicated and arrangements may be made to assist you or allow you additional time.
LOCATION OF VIOLATION: 3 0/(i ('[LI j 44 LOT: j BLOCK:
SUBDIVISION: ZONE: USE: )3- ,,, TAX ACCT.#
ADDRESS: L.4 A)/1,) 7 P1+ V A)6 OWNER/AGENT/PERSON IN CONTROL
i (,0V -P 31LtI1.)( L. ti-1
LC L-14 Jt\ U , ! L 1C A r-) PHONE# ii a, 3 7 3 to R
-2 '5'C) 7 ii. PHONE#
-EASE CORRECT THE FOLLOWING IN 3 (3 DAYS OR CITATIONS TO MUNICIPAL COURT MAY BE ISSUED.
1 J Clear premises of all improperly stored items. 6 0 r-r,4.tt6ii c jL f t�y(Ft:p %krAP.e- - -t 6/nG=x)criw,16
2.) Remove all litter,garbage,trash or rubbish from I%4 ii t=t(=•if r C��-a T 1-1 ,1 - arkway -private property _easement
3. Remove junked motor vehicle: year make body style color VIN#
_expired license plates _no license plates _expired safety sticker _no sticker _wrecked inoperative
4. Containers are: _non-regulation _worn-out inadequated in number _without lids blocking right-of-way
5. Cut and remove weeds/grass in excess of 12 inches in: alley parkway private property easement
6. Trim back vegetation adjacent to your property line in: _alley parkway _sidewalk easement
(7�)Discontinue the salvage or reclamation of: j(/y I-1=A)/ (',, �'i.-n ui •{ i 21& J� ( ( `tzc t (t-le C't '4
�.
8. Eliminate all potential hazards: _open wells,septic tanks,cellars sharp protrusio4is Dead trees or lriinbs 01:4 ,
_cracks in sidewalk visibility obstructions holes _other
Discontinue business operations within an improper zoning district.
/ ] > r`��e in violation. t;.-CC>; �C�%�: Sl' C L-. ,A) )7 Ai C�Lcl1=(� [N'(�r_� '��
l 1.>SIGN VIOLATION: Special purpose signs must have: �(permit` $ proper setback tie downs be removed
exposed wiring removed other
12./Stack usable lumber on open racks at least 18 inches above the ground with clear unobstructed space underneath. All other lumber must be
removed from the premises.
1�! Eliminate unsanitary conditions caused by: K occupants animals _sewage discharge standing water
14. Provide house numbers that can be plainly observed from the street(min. 3 inch high numbers).
15. Secure this structure against unauthorized entry or face closure by the City at your own expense.
16. Parking on unapproved surface(yard,parkway,sidewalk). Vehicle must be removed within hours.
PLEASE BEGIN WORK ON THE FOLLOWING WITHIN/Li DAYS AND COMPLETE IN,Z)DAYS OR CITATIONS MAY BE
ISSUED AND/OR THE PROPERTY REFERRED FOR A PUBLIC HEARING BEFORE THE APPEALS BOARD.
EXTERIOR--Repair or Replace: RO I I LI) PAINT FRONT REAR LEFT RIGHT
17. Foundation/cross vents: Piers,sills,joists,footings.
18. Porch,stairs,posts: Joists,floors,ceilings,steps,landings.
19. Doors,windows,frames: Screens,weatherstrip,broken glass
20. Roof: Reroof.
21. Walls,eaves,trim: Holes,missing siding.
22. Garage,shed,fence: Repair or demolish to code.
INTERIOR-Repair or Replace: LIVING DINING HALL KITCHEN BATH BDRM BDRM OTHER
23. Floors,walls,ceilings:
24. Fixtures,wall outlets,switches:
25. Inadequate circuits,exposed wires:
26. Make bathroom floors moisture resistant.
27. Kitchen sink,lavatory,toilet,bath/shower: provide leaks traps _faucet secure connections
28. Water heater: provide 120 degree F(min) vent cold water shut-off gas shut-off T&P valve relocate
29. Provide heating equipment/connections capable of maintaining 68 degrees F in each room.
30. A permit is required.
31. THIS STRUCTURE IS DESIGNATED A HEALTH&SAFETY HAZARD AND SHALL NOT BE OCCUPIED NOR PLACARD
REMOVED UNTIL AI,L VIOLATIONS ARE CORRECTED. ,./ •
•
32.'Remarks/Other: C i. / 5/t)L- (�'j%L/&,ic.17c',/:I%7�(.�C. (2ct.' 1/izf cc-/-:.S�5(ei/���1/�c't�'"G/'c.C-/�(/5571-r
t';111,1-I1`c c£-(T 11AJ', ( IA:'Str..a / out-' ti2i{SH TCif T7 '-�t-' 0 G't3c 1,,e1C7/1//5-f J
i IVC11. t r_lLKio-, Li4 -A- s1 ) / / /
City Inspector Phone# Signature of Owner/Agent/Person in Control Date
Our Mission.. ,
...to be responsible stewards of the public trust,
to strive for excellence in public service,and '' '
to enhance the quality of life for all. i i -_j '
February 16, 1998
Lanny Payne
3010 West FM 544
Wylie, Texas 75098
Dear Mr. Payne:
This letter is to confirm our conversation on January 27, 1998 regarding the Notice of Violation
issued to you. All items must be completed by February 27, 1998 or your Certificate of Occupancy
will be revoked and you will not be able to operate any type of business at this location. We thank
you for your full cooperation in completing this in a timely manner.
Sincerely,
cocu, pi/tpx„;„...._)
Dave Perkins
Building Inspector
cc: Certified Mail#P 966 993 029
2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302
•s
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Na31s15i
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Our Mission..
...to be responsible stewards of the public trust,
to strive for excellence in public service,and nn "} i '
to enhance the quality of life for all. } Vi 01e °
February 27, 1998
Lanny Payne
3010 West FM 544
Wylie, Texas 75098
Dear Mr. Payne:
I regret to inform you that due to the fact you have not completely complied with the Notice of
Violation dated January 27, 1998 and the letter written February 16, 1998 by Dave Perkins that your
Certificate of Occupancy is hereby revoked. It is revoked under the authority of Sec. 109.6 of the
1994 Building Code.
It will be a violation of the Building Code and Zoning Ordinance for you to continue operating your
business from this location without first applying for, and then receiving, a new Certificate of
Occupancy.
cerely,
q, - , ,,\ , _ ,
r,
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Paul M. Phillips
Building Official
cc: Certified Mail#P 966 993 018
2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302
t R
MEMORANDUM
TO: Mike Collins, City Manager
FROM: Mike Phillips, Building Official
DATE: February 27, 1998
RE: Certificate of Occupancy for 3010 West FM 544
The Certificate of Occupancy for 3010 West FM 544 was revoked for failure to comply with
the Notice of Violation(NOV) written on January 27, 1998. 30 day notice was given at that
time. A subsequent letter addressed February 16, 1998 reminded the occupant of the
deadline. Compliance to the NOV was not obtained by the deadline of February 27,1998
and the Certificate of Occupancy was revoked in writing. A copy was hand delivered to the
address and a copy was mailed by Certified Mail. Attached are copies of the NOV and the
correspondence.
lc
.p
City of Wylie
April 13, 1998
Lanny Payne
1600 Jasmine Lane
Plano, Texas 75074
Dr. Mr. Payne:
This letter is to issue notice of 10 days to remove all illegally stored items and to clean premises. No
visible progress has been made since the revocation of the Certificate of Occupancy towards compliance
with the NOV issued January 27, 1998. If property has not been cleaned and is not in full compliance with
the City of Wylie, we will remove all illegally stored items and clean the property. All fees and charges
incurred by the city will be charged to the property owner. We eagerly await your cooperation completing
this matter.
I would like to remind you again, it is a violation of the Building Code and Zoning Ordinance for you to
continue operating your business from this location without first applying for, and then receiving, a new
Certificate of Occupancy.
Respectfully,
k:),;_\,.....,...-2---.c1),..)..,...—kA_A-,.---.....„/
Dave Perkins
Code Enforcement
POSTAGE POSTMARK OR DATE oo I
Enclosure RETURN RESTRICTED DELIVERY CI-
LLI
RECEIPT
vs- CERTIFIED FEE+RETURN RECEIPT
SERVICE
DP/cls TOTAL POSTAGE AND FEES z W
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SENT TO: NOT FOR INTERNATIONAL MAIL Q 0
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2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302
Our Mission.. { •
...to be responsible stewards of the public trust,
t
to strive for excellence in public service, and
to enhance the quality of life for all. ttyo1 e
r : r ; —
April 23, 1998
Jeff Janke, Garland Manager
TU Electric/Lone Star Gas
1310 State Highway 66
Garland, Texas 75040
Dear Mr. Janke,
I am writing this letter to inform you that the Certificate of Occupancy for 3010
FM 544, Wylie, TX 75098 issued under the name of Lanny Payne has been revoked on
February 27, 1998. I am aware that you will not provide utilities to a business that does not
have a valid Certificate of Occupancy. Please initiate procedures to disconnect the utilities at
the above-mentioned address.
If you would, please, contact this office with a summary of these procedures and the
date you plan on notifying the occupant so that we may coordinate the disconnection of
water service at the same time. Let me know if you require any other information and thank
you for your attention to this matter.
Si erely,
Paul M. Phillips
Building Official
2000 Highway 78 North•Wylie,Texas 75098•(972) 442-8100•Fax(972)442-4302
'rs
fins
DEPARTMENT OF PLANNING
MEMORANDUM
TO: City Council
FROM: Tobin E. Maples,Director of Planning
DATE: May 12, 1998
SUBJECT
Development Review Process
DISCUSSION
As you know,the City Council may from time to time, after receiving a final report from the Planning
and Zoning Commission and after public hearings required by state law, amend or change the
boundaries of zoning districts. At tonight's meeting,Pat Atkins may ask the City Council to negotiate
from the podium a rezoning request on Lakeside Estates Phase III incorporating information and
changes that have not gone through the four(4)step review process described below and not yet heard
by the Planning and Zoning Commission. As a result, and in order to ensure proposed changes receive
appropriate review, we respectfully request that Council reinforce the integrity of the planning function
and development review process. Specifically, we ask that any proposed changes be routed back
through the development review cycle so that the Planning and Zoning Commission and Staff can
consider any proposed modifications. It is our opinion that each and every development is unique and,
therefore, warrants individual and thorough review.
The intent of the review process is to facilitate a thorough four(4) step evaluation of individual
developmental proposals. Specifically, the development review process entails an initial meeting
between the applicant and the Planning Department, a thorough in-house(Development Issues Team)
review, and Planning and Zoning Commission and City Council public hearings. The basic premise is
to ensure consistency of the quality and type of development within the city and,therefore,provide
current property owners and businesses some level of comfort regarding future development.
In conclusion,I would like to reiterate that planning efforts need to seek patterns that build and
reinforce a sense of community. We are confident that the development review process, if reinforced,
will prove to be an asset as we develop ideas and plans charged with addressing the concerns of our
citizenry and ensuring the community is prepared to meet the many challenges associated with
managing growth and development. Thank you for the opportunity to work energetically within this
organization.
cc: Mike Collins, City Manager
Mindy Manson, Assistant to the City Manager
i
'114
V 0
U.S. Department of Justice
Office of Community Oriented Policing Services (COPS)
Office of the Director
1100 Vermont Ave.,N.W.
Washington,D.C.20530
Dear Colleague:
I am pleased to announce that the COPS Office is offering another innovative community
policing program, "School-Based Partnerships: School-Related Crime Prevention and Safety
Initiative." Law enforcement agencies awarded funding under this solicitation will work with
schools or community partners to address a persistent school-related crime or disorder problem
in an innovative way.
Up to $12 million is available under this program. The COPS Office is seeking
competitive proposals from agencies that are committed to both the philosophy of community
policing and to engagement in a partnership to analyze a crime or disorder problem, implement
tailored responses, and assess the impact of those responses.
We expect School-Based Partnerships to be an extremely competitive program. Before
requesting an application kit, please review the enclosed fact sheet, which provides a brief
summary of the program and an overview of the application requirements. This information
should assist you in determining if your agency will meet the requirements of this solicitation.
Application kits will become available in late April and submissions will be due June 15,
1998. If you would like to request an application kit, or have questions about the School-Based
Partnerships program, please contact the U.S. Department of Justice Response Center at 1-800-
421-6770.
Sincerely,
7:7)6-C-4aviit,\,
Joseph E. Brann
Director
-, t ,4Cr