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01-08-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, January 8, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS&PRESENTATIONS Star Student Recognition—Self Discipline CITIZENS PARTICIPATION CONSENT AGENDA All matt=lined wider the Consent Aim&are rxesiderwl to be rcutine by the City Council and will be medal by ma=Lice There will not be separate dizeussicat it these its If iteleualian is ,that itan willbe tanned fnen the nentrit.Agenda' and w llbe ed y_ A. Approval of the Minutes from the Meetings of December 11,2001. B. Consider and act upon a Final Plat for the Country Ridge Phase A Addition,being all of a certain 59.448 acre tract of land, situated in the William Patterson Survey, Abstract No. 716, City of Wylie,Coffin County,Texas,and being a portion of the 99.7418 acre tract described in the deed to Fredrick Veninga,Trustee,according to the deed recorded in Volume 883,Page 628 of the Deed Records of Coffin County,Texas. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION Resolutions 1. CONSIDER AND ACT UPON APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE. EXECUTIVE SUMMARY Annual action items required by our Charter. The City of Wylie Home Rule Charter states in Article 11, Section 2"The City Council shall declare an official newspaper of general circulation in the city. All ordinances,captions of ordinances,notices and other matters required to be published by this charter,by city ordinances,or by the constitution and laws of the State of Texas,shall be published in this official newspaper." Award of Contract 2. CONSIDER AND ACT UPON 1H1•.AWARD OF A CONTRACT FOR THE CONSTRUCTION OF THE RUSH CREEK SEWAGE LIFT STATION TO NORTH TEXAS MUNICIPAL CONSTRUCTION CO., INC./TNG SERVICES, INC., IN THE AMOUNT OF$1,019,000.00. EXECUTIVE SUMMARY The 1999 Bond program identified the reconstruction of the Rush Creek Lift Station southeast of the existing location and the construction of a new sewer force main to the Twin Lakes Lift Station. On December 20, 2001 a total of seven (7) bids were opened for the project. North Texas Municipal Construction Co.,Inc./TNG Services,Inc,submitted the low bid in the amount of$1,019,000.00. The 1999 Bonds included$1,000,000 for the Rush Creek lift station and force main and the FY 2002 budget included $130,000 for new pumps for the lift station. Approximately$100,000 has been spent on the project for engineering,surveying,and geo-technical services.Staff recommends awarding a contract to North Texas Municipal Construction Co.,Inc./TNG Services,Inc to provide all equipment,labor and materials for the construction of the Rush Creek Lift Station. Planning Items-Public Hearings 3. How A PUBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE IN ZONING FROM AGRICULTURE(A) DISTRICT TO BUSINESS CENTER(BC)DISTRICT WITH A SPECIFIC USE PERMIT(SUP)FOR WAREHOUSE AND DISTRIBUTION USES, BEING A 5.0 ACRE TRACT OF LAND LOCATED WEST OF SANDEN BOULEVARD AND SOUTH OF F.M. 544, NORTH OF HENSLEY LANE, BEING PART OF A 16.6174 ACRE TRACT OF LAND RECORDED IN VOLUME 3367, PAGE 230, OF THE COLLIN COUNTY LAND RECORDS, SITUATED IN THE DUKE STRICKLAND SURVEY, ABSTRACT No. 841, CITY of WYLIE, COLLIN COUNTY, TEXAS. (ZONING CASE No.2001-18) EXECUTIVE SUMMARY Applicant is requesting initial zoning of the subject property from Agricultural(A)District to Business Center(BC)District in order to develop a showroom/warehouse and distribution facility. Property totals approximately 5 acres in size,the majority of which is floodplain.Applicant required to prepare a flood study & obtain a Conditional Letter of Map Revision from the U.S. Corps of Engineers prior to the issuance of permits for site grading and initial construction. The floodplain has already been partially removed from the neighboring property to the south. Applicant proposes to construct a single building of 54,000 square feet, 10,000 sq. ft. of which will be office/showroom with future expansion of 18,000 square feet to the rear of the initial building is planned. At the January 2, 2002 Planning and Zoning meeting,the Commission voted 5-0 to approve this zoning case. Staff is recommending approval. 4. HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE TO THE CONDITIONS OF DEVELOPMENT FOR THE PLANNED DEVELOPMENT DISTRICT (PD 2001-46), GENERALLY LOCATED NORTH OF F.M. 544 AND EAST OF MCCREARY ROAD, BEING NORTH OF THE LAKESIDE ESTATES ADDITION AND EAST OF THE SAGE CREEK ADDITION, SITUATED IN THE MOSES SPARKS SURVEY, ABSTRACT No. 849, CITY OF WYLIE, COLLIN COUNTY,TEXAS,BEING PART OF A 28.5675 ACRE TRACT AND ALL OF A 27.4522 ACRE TRACT CONVEYED TO THOMAS MANNEWITZ BY DEED RECORDED UNDER COUNTY CLERK'S FILE No.92-0064130,DEED RECORDS,COLLIN COUNTY,TEXAS.(ZONING CASE No. 2001-19) EXECUTIVE SUMMARY The PD District which established the initial zoning on the subject property(PD 2001-46),including Conditions of Development and a Conceptual Plan,was adopted by the City Council on September 25, 2001. The Preliminary Plat,the first step in the development process,was approved by the Council on December 15,2001.Please refer to the agenda communication for specifics on the Architectural Design, Existing Conditions of the PD and Zoning Ordinance and the proposed Amendments. At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case. Staff is recommending approval. 5. How A PUBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE IN ZONING FROM INDUSTRIAL(I) DISTRICT TO COMMERCIAL CORRIDOR(CC)DISTRICT, BEING A 30.278 ACRE TRACT OF LAND LOCATED IN THE NORTHWEST CORNER OF FM 544 AND SH 78,SITUATED IN THE S.B.SHELBY SURVEY,ABSTRACT No. 820, CITY OF WYLIE, COLLIN COUNTY,TEXAS, BEING THE SAME PROPERTY AS CONVEYED TO THE CITY OF WYLIE BY DEED RECORDED IN VOLUME 279,PAGE 511,DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING THE SAME PROPERTY AS CONVEYED TO GARY E. ROWLAND, CHARLOTTE A. BowL AND, MARTIN L. ANDERSON AND SUSAN M. ANDERSON BY DEED RECORDED UNDER THE COUNTY CLERK'S FILE No. 99-0048505, DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING THE SAME PROPERTY AS CONVEYED TO RONALD C. DOW BY DEED RECORDED IN VOLUME 1806, PAGE 902, DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING THE SAME PROPERTY AS CONVEYED TO THE WYLIE ECONOMIC DEVELOPMENT CORPORATION BY DEED RECORDED IN VOLUME 4572, PAGE 3563, DEED RECORDS, COLLIN COUNTY, TEXAS, BEING ALL OF LOT 1 AND LOT 2, BLOCK A OF THE WALGREENS-WYLIE ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET N, SLIDE 378, MAP RECORDS OF COLIJN COUNTY, TEXAS, BEING ALL OF WYLIE INDUSTRIAL PARK,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 8,PAGE 55,MAP RECORDS OF COLLIN COUNTY,TEXAS, BEING ALL OF A TRACT OF LAND CONVEYED TO COLIIN COUNTY BY DEED RECORDED IN VOLUME 4980, PAGE 2156, DEED RECORDS, COLLIN COUNTY, TEXAS, BEING PART OF THE D.A.R.T. ROW, BEING PART OF OLD STATE HIGHWAY ROW AND BEING PART OF F.M.HIGHWAY 544 ROW. (ZONING CASE No.2001-20) EXECUTIVE SUMMARY On November 13,2001,the City Council adopted major revisions to the nonresidential districts of the Comprehensive Zoning Ordinance and the Official Zoning Map. Because of its diverse uses and transitioning development patterns, and at the specific request of several property owners, the City Council pulled out the area around Cooper Street in the northwest corner of State Highway 78 and F.M. 544 for separate consideration. This area totals approximately 30 acres and is held in approximately 17 separate ownerships. PAGE 2 OF 3 EXECUTIVE SUMMARY—Item No.5-continued This area was earlier proposed to be changed from the old Industrial(I)District to the new Community Retail (CR) District. The Commercial Corridor (CC) District is intended to accommodate a diverse mixture of commercial and light industrial uses which are all dependent upon direct access to major regional thoroughfares but which are complimentary to one another as well as to the vehicular corridor. Several of the existing establishments within the subject area reflect these characteristics,as well as those of the Community Retail District.At the January 2,2002 Planning and Zoning meeting,the Commission voted 5-0 to approve this zoning case. Staff is also recommending approval. 6. CONSIDER AND ACT UPON AN ORDINANCE ANNEXING ALL OF A CERTAIN 68.11 ACRE TRACT OF LAND OUT OF THE GUADALUPE DE Los SANTOS SURVEY,ABSTRACT No. 1384,DAIa.AS COUNTY,TEXAS;AND GENERALLY LOCATED ON PLEASANT VAILFY ROAD. EXECUTIVE SUMMARY Voluntary annexation has been submitted by the owner of the property, the Southwest Medical Foundation, said property is located directly north of the new wastewater treatment plant. Should the City Council approve the proposed annexation,the property will be temporarily zoned as A(Agricultural) until permanent zoning is established. Public Hearings have been conducted in accordance with State Law,proper notice and public hearings were conducted on December 10&December 11,2001. Staff is recommending approval. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. WORIMSSI 1*WIT*1-THE CITY OFST.PAUL Public Safety and Development Issues. ITEMITZIWVOR MIVIDVAL CONSIDERATION TIO 7. CONSIDER AND ACT UPON APPROVAL OF AN EXTENSION OF THE INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN THE CITY OF WYLIE AND TOWN OF Sr.PAUL. In accordance with Chapter 551,Government Code,Vemon's Texas Code Annotated(Open Meeting Act),Section SS 551.071 Consultation with Attorney; (A) pending or contemplated litigation; Lanny Payne v. City of Wylie. WORKSESSIOAi Discussion of Sign Ordinance and Subdivision Design Standards. ADJOURNMENT. In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,the sections of the act authorizing the closed session will be identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this_day of ,2002 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. PAGE 3 OF 3 MINUTES Wylie City Council Tuesday, December 11, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy,Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue,Councilman Merrill Young,Councilman J.C.Worley and Councilman Chris Trout. Staff Present:Anthony Johnson, City Manager;Mindy Manson,Assistant City Manager;Brady Snellgrove, Finance Director; Chris Holsted,City Engineer;Mike Sferra,Director of Development Services and Barbara Salinas,City Secretary. Ili#�C:�k .�� �P��I.E �+` .L�.��,� -- ......................_.._......._............. _...:::.._:::::::::::::::::::::::::......_......._:...... _...... Councilman Hogue was asked to give the invocation and Councilman Trout was asked to lead the Pledge of Allegiance. There was no participation. A. Consider and act upon the approval of the minutes from the Regular Meeting of November 13,2001. B. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4A Addition,being all of a certain 5.91 acre tract of land east of Country Club Road(F.M 1378)and north of Talladega Drive, situated in the J. McUlmurry Survey,Abstract No.629,City of Wylie,Collin County, Texas. C. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4B Addition,being all of a certain 8.03 acre tract of land east of Country Club Road(F.M 1378)and south of Talladega Drive, situated in the J. McUlmurry Survey,Abstract No.629, City of Wylie, Collin County, Texas. D. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 5 Addition, being all of a certain 5.25 acre tract of land east of Country Club Road(F.M 1378) and north of Park Boulevard, situated in the J. McUlmurry Survey, Abstract No. 629, and the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. E. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 6 Addition, being all of a certain 14.31 acre tract of land east of Country Club Road(F.M 1378)and south of Park Boulevard,situated in the C. Atterbury Survey,Abstract No.22, City of Wylie,Collin County,Texas. F. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 7 Addition, being all of a certain 11.85 acre tract of land north of Brown Street(F.M.3412)and east of Country Club Road(F.M 1378), situated in the C.Atterbury Survey,Abstract No.22, City of Wylie, Collin County,Texas. G. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 8 Addition, being all of a certain 5.47 acre tract of land north of Brown Street (F.M. 3412) west of Sanden Boulevard, situated in the C. Atterbury Survey,Abstract No.22, City of Wylie,Collin County, Texas. H. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 9 Addition, being all of a certain 11.5 acre tract of land north of Brown Street (F.M. 3412) east of Sanden Boulevard, situated in the C. Atterbury Survey, Abstract No. 22 and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Minutes of December 11,2001 Wylie City Council Page 1 I. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 10 Addition, being all of a certain 13.10 acre tract of land north of Brown Street (F.M. 3412) east of Sanden Boulevard, situated in the D. Williams Survey,Abstract No. 1021, City of Wylie, Collin County, Texas. J. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 11 Addition, being all of a certain 18.4 acre tract of land north of Brown Street (F.M. 3412) and west of Westgate Way, situated in the D. Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas. K Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 12 Addition,being all of a certain 3.1 acre tract of land north of Brown Street(F.M. 3412)and east of Westgate Way, situated in the D.Williams Survey,Abstract No. 1021,City of Wylie, Collin County,Texas. L. Consider and act upon a Preliminary Plat for the Peerless manufacturing Company Plant No. 1 Addition, being all of a certain 34.1059 acre tract of land west of North Ballard Avenue (FM 2514) and north of the Union Pacific Railroad, situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. M. Consider and act upon a Final Plat for the Twin Lakes Phase V Addition, generally located south of Alanis Drive and west of South Ballard Avenue (FM 2514) and Twin Lakes Phase IV, being all of a certain 23.007 acre tract of land owned by Twin Lakes,LP.being part of a called Tract 1 according to a deed recorded in the County Clerk's File No. 97-0054771, and situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie,Collin County,Texas. N. Consider and act upon a Final Plat for the Sage Creek Phase IV Addition, generally located east of McCreary Road and north of F.M. 544 and Sage Creek Phase VI, being all of a certain 38.3885 acre tract of land owned by Ashton Custer, LL.C. according to a deed recorded in the County Clerk's File No. 98-0008878, and situated in the Moses Sparks Survey,Abstract No.849,City of Wylie, Collin County,Texas. O. Consider and act upon a Preliminary Plat for the Wood Creek Estates Addition, being a certain 41.7417 acre tract of land,generally located north of Lakefield Drive and Lakeside Estates Phase II and west of Springwell Parkway and Sage Creek Phase V, and situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Councilman Hogue asked that Item A be removed from the Consent Agenda and made a motion to approve items B-O. Councilman Trout seconded the motion. A vote was taken and the motion to approve Consent Items B-O was approved,7-0. The following corrections and additions were made to the November 13,2001 minutes. Page 2: Item No. 1 insert Councilman Hogue as the second to the Motion;Item No. 2—insert Councilman Worley as the second the to the Motion;and Item No. 3— insert Mr.Harry Tibbals name as the nominee for which votes were cast. 1. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development(PD)for Single-Family residential and Village Center Mixed Uses,for a 470.00 acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in the Collin County Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to George S. Richards as recorded in Volume 775,Page 55 of the Deed Records of Collin County, Texas, and being all of a called 1.00 acre tract described in the deed to F.D. Feagin et ux,of record in Volume 914,Page 697,of said Deed Records,and also being all of Tract 2 and part of Tracts 1 and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775, Page 58, of said Deed Records, and being part of a called 2.10 acre tract described in the deed to F.D. Feagin et ux recorded in Volume 757,Page 824 of said Deed Records, and being all of that certain tract described in the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No. 93-0039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M. Hart and Charlene II. Hart described in the Collin County Clerk's File No. 96-0091287, and being situated in the J.G.Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23, and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin County, Texas.(Zoning Case No.2001-13) Minutes of December 11,2001 Wylie City Council Page 2 Mayor Mondy removed himself from the bench and from any discussion regarding Item No. 1,as he serves as the Chairman of the Birmingham Land Trust. Mayor Pro Tem Scott presided. This item was tabled at the November 13,2001 Council Meeting in order to give the applicant time to consider the Council's concerns for the lot sizes, masonry requirements, size of accessory building and availability of a school site. Councilman Hogue made a motion to remove Item No. 1 from the Table. Councilman Trout seconded the motion. A vote to remove was taken and passed unanimously,6-0. Mayor Mondy abstaining. Mr. Thompson provided a Planning Report and Conditions of Development that reflected the applicants modifications in response to concerns raised by Council at the November 13, 2001 meeting. Mr. Thompson made reference to Exhibit"B" Conditions for Planned Development District,Number V. Specific Regulations;No.2, Lot Mix with regard to percentages and No. 3,Minimum Average Lot Area; No. 19 Accessory Structures Building Area; Number VI. Basic Requirements, No. iii, Architectural Requirements,No. 1 regarding a change in the wording to reflect"a minimum of 75%exterior facade on all sides as brick of stone laid masonry units. Cementacious siding can be used on 25% of the exterior facade" and in conclusion, Section XVII.Regarding the proposed terms of for a future elementary school site in Bozman Farms Estates. The applicant, Mr. Greg Rich, 5001 LBJ Freeway, Suite 830, Sipiela Development Corporation/Reality Development Trust, was present to address any concerns of the Council. Mr.Rich stated that he has appreciated the working with the city staff on the areas of concern and felt that said issues were resolved. Mr. Rich detailed the changes within the Conditions for Planned Development. There was some discussion regarding the school site and Councilman Hogue expressed his concerns regarding the donation of land to the school district. Mr.Rich stated that their offer was to make available a suitable site at a fair market price. The Mayor Pro Tem them opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward,stating their name and address for the record and limiting their comments to three minutes. With no response,the Mayor then closed the Public Hearing. Councilman Trout made a motion to approve the change in zoning from Agriculture (A) to Planned Development (PD) for Single-Family residential and Village Center Mixed Uses, for a 470.00 acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele, Successor Independent Administratrix,as described in Executor's Deed as recorded in the Collin County Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to George S.Richards as recorded in Volume 775, Page 55 of the Deed Records of Collin County, Texas, and being all of a called 1.00 acre tract described in the deed to F.D. Feagin et ux, of record in Volume 914, Page 697, of said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775,Page 58, of said Deed Records,and being part of a called 2.10 acre tract described in the deed to F.D.Feagin et ux recorded in Volume 757,Page 824 of said Deed Records,and being all of that certain tract described in the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No. 93-0039237,and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M. Hart and Charlene H. Hart described in the Collin County Clerk's File No. 96-0091287, and being situated in the J.G. Jouett Survey,Abstract No.475,the Allen Atterberry Survey,Abstract No.23,and the Aaron West Survey,Abstract No. 979,City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved,4-2. Councilman Hogue and Councilman Scott voted in opposition. At 6:23 p.m.,the Mayor Pro Tern called for a five-minute recess. The Council reconvened at 6:30 p.m. with Mayor Mondy presiding. 2. Hold a Public Hearing to consider and act upon a change in zoning of a 9.977 acre tract of land from Single- Family Attached Residential(SF-A), including a 7.977 acre tract to Multi-Family Residential(MF)and a 2.00 acre tract to neighborhood Service Retail (NS), being part of a called 109.898 acre tract conveyed to Dixie Mortgage Loan Company by deed recorded in Volume 2668,Page 405,of the Real Property Records of Collin County, Texas, and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas.(Zoning Case No.2001-14) Mr. Claude Thompson, Planner, addressed this item stating that applicant has requested that the item be withdrawn with knowledge that a future request for a zone change will initiate the process from the beginning. Since, however, the Public Hearing was advertised,the Mayor opened the public hearing asking anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record, limiting their comments to three minutes. With no response,the Mayor then closed the public hearing. 3. Hold a Public Hearing to consider and act upon a change in zoning from Multi-Family Residential (MF) to Planned Development(PD)District, for the existing Lakeside Village Apartments, a 2.29 acre tract of land at 301 West Kirby Street, being Lot 13, Block 6, of the Holiday Terrace Addition, and being situated in the E.C. Davidson Survey,Abstract No.267,City of Wylie,Collin County,Texas.(Zoning Case No.2001-15) Minutes of December 11,2001 Wylie City Council Page 3 Mr. Claude Thompson was present and provided Council with a brief background on the request. He stated that the applicant is requesting rezoning to the Planned Development District with the expressed intent of establishing the right to reconstruct the current apartment complex to its existing character and density should it be destroyed. Public Comment Forms were mailed to thirty-seven(37)property owners within 200 feet of this request. No Comment Form had been returned at the time of posting. At the November 20,2001 Planning and Zoning meeting,the Commission voted 6-0 to deny this zoning case. A three-fourths majority vote by the City Council is required for approval of the requested change in zoning because the Planning and Zoning Commission recommended the request be denied. Staff is recommending denial. Mr. Thompson explained that although the proposal is consistent with the recommendations of the Comprehensive Plan and characteristics of the tract favor attached residential uses, the perpetual potential for a density of 34 dwelling units per acre is an inappropriate variance from Wylie's long-held philosophy of limiting multi-family residential density to 15 dwellings per acre. The facility may continue to operate as legally nonconforming. Mr.Thompson clarified that if the structure was destroyed,they could rebuild,but it would have to meet current standards. The applicant was not present. The Mayor then opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the request to please come forward,state their name and address for the record and limit their comments to three minutes. With no response the Mayor then closed the Public Hearing. Councilman Scot made a motion to deny the change in zoning from Multi-Family Residential (MF)to Planned Development (PD)District,for the existing Lakeside Village Apartments, a 2.29 acre tract of land at 301 West Kirby Street, being Lot 13, Block 6, of the Holiday Terrace Addition, and being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion to deny was approved,6-1. Councilman Young voting in opposition. 4. Hold a Public Hearing to consider and act upon certain proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie, in compliance with Section 211.006 of the Texas Local Government Code. This item was tabled at the November 13,2001 Council Meeting. Councilman Hogue made a motion to remove Item 4 from the Table. Councilman Scott seconded the motion. A vote was taken and the motion to remove was approved,7-0. Mr. Claude Thompson provided Council with a brief background on the request. During the November 13 City Council meeting, the Council took action to approve revisions to the Comprehensive Zoning Ordinance and Official Zoning Map. The property owner had submitted written opposition to the proposed zoning, requiring the Council to remove the property from the overall vote and vote on separately. The Council tabled action on the property owned by Birmingham Land Ltd, for further review, particularly with regard to the existing Multi-Family zoning. Existing zoning includes single family, retail, multi-family, single-family attached and business zoning. Proposed zoning generally reflects the intent of the Comprehensive Plan, providing predominately residential zoning on the property with NS (Neighborhood Services) at the major thoroughfare intersections. The property was reviewed as a part of the overall process of updating the Official Zoning Map, applying the guidelines for decision-making as identified in previous meetings. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record, limiting their comments to three minutes. With no response,the Mayor then closed the Public Hearing. Councilman Trout made a motion to approve the proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie, in compliance with Section 211.006 of the Texas Local Government Code. Councilman Scott seconded the motion. A vote was taken and the motion was approved,7-0. 5. Hold the second of two Public Hearings for the annexation of a 68.11 acre tract of land out of the Guadalupe De Los Santos Survey, Abstract No. 1384, Dallas County, Texas; and generally located on Pleasant Valley Road. Ms. Mindy Manson,Assistant City Manager,provided Council with a brief background on the annexation request explaining the required process. She stated that the voluntary annexation by the owner of the above referenced property, the Southwest Medical Foundation was located directly north of the new wastewater treatment plant and is proposed for single family residential zoning. If approved, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the annexation request to please come forward, stating their name and address for the record and limiting their comments to three minutes. Minutes of December 11,2001 Wylie City Council Page 4 Mr. Cliff Martin,4040 Avion,Wylie, Texas Mr. Martin spoke in opposition of the annexation stating that the area is currently rural and he was concerned about a development of starter homes. He also expressed concerns on the burden to the school district,and the current water suppliers' ability to service the area. Ms.Pat Martin,4040 Avioon,Wylie, Texas Ms. Martin spoke in opposition of the annexation stating that the Planned Development in not appropriate and also has concerns about a development of starter homes. Mr.Matt Boyd,4050 Avion,Wylie, Texas Mr. Boyd spoke in opposition of the annexation adding that he just earned of the proposed development,should the city annex the area. He is concerned about the development with regard to the sixty acres directly behind his property. Mr.Richard Proctor,4035 Avion,Wylie,Texas Mr. Proctor stated that he does not oppose the annexation,however,he did express opposition to the proposed development. He stated that he has been a resident since 1984 and would like to keep the current atmosphere and opposes the development of smaller homes. With no further comments,the Mayor then closed the Public Hearing. 6. Consider and at upon the award of a contract for the Alley and Sanitary Sewer Improvements along Ballard Avenue to Rycon Incorporated in the amount of$231,127.00. Mr. Chris Hoisted provided Council with a brief background on this item. He stated that improvements to the alley between Ballard and Jackson and the alley between Ballard and First were included in the 1999 Bond and include approximately 1,880 square yards of 8-inch thick concrete pavement and approximately 1,344 linear feet of 8-inch sewer replacement. He stated that six bids were opened on November 2,2001 and Rycon Incorporated submitted the low bid with project completion within 90 calendar days. Staff recommends that Council award a contract to Rycon Incorporated to provide all equipment, labor and materials for the construction of the Alley and Sanitary Sewer Improvements along Ballard Avenue. Councilman Young made a motion to approve the award of contract for the Alley and Sanitary Sewer Improvements along Ballard Avenue to Rycon Incorporated in the amount of$231,127.00. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 7. Consider and act upon approval of an ordinance adopting the 1997 Uniform Fire Code. City Manager, Anthony Johnson addressed this item explaining the intent of proposed ordinance. He stated that the Fire Department has maintained the equivalent code in relation to the building code department and that the latest building code is UBC 1997. The City of Wylie is currently enforcing UFC 1994. The UFC 1997 overall format has not changed and will not require any changes in relation to amendments sections adopted by the City of Wylie under UFC 1994. In addition,the Fire Department is currently preparing for an Insurance Services Office Re-evaluation and current fire code will cause a deficit in possible points. Councilman Scott made a motion to approve the ordinance adopting the 1997 Uniform Fire Code. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. 8. Consider and act upon an Ordinance of the City of Wylie, Texas, adopting a comprehensive right-of-way Management Ordinance governing any and all construction occurring within the public Rights-of-Way in the City of Wylie; providing for a penalty not to exceed$2,000 per day for each offense; and providing a Repealer Clause,a Severability Clause,a Savings Clause, a Penalty Clause,and an Effective Date. Mr. Mike Sferra,Director of Development Services provided Council with a brief background on the intent of the proposed ordinance. He stated that the City Council previously adopted regulations governing construction activities occurring within the City's Rights-of-Way. The current Ordinance contains no provisions for right-of-way management. The intent of the proposed Ordinance is to accommodate the utilities'need to use the Public Rights-of-Way to provide services to the public and will allow the City to insure that the public safety is maintained; minimize public inconvenience; protect the City's infrastructure investment; facilitate work within the Public Rights-of-Way; and to fairly and responsibly protect the public health,safety,and welfare. Utilities or contractors desiring to perform construction activities in the City's right-of-way will be required to obtain a permit,at no charge,after City Staff has reviewed plans for the construction activities. Minutes of December 11,2001 Wylie City Council Page 5 Councilman Trout made a motion to approve the adoption of a comprehensive right-of-way Management Ordinance governing any and all construction occurring within the public Rights-of-Way in the City of Wylie;providing for a penalty not to exceed $2,000 per day for each offense;and providing a Repealer Clause,a Severability Clause, a Savings Clause, a Penalty Clause, and an Effective Date. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 9. Consider and act upon approval of an ordinance establishing a school zone on FM 1378 at the intersection with McMillen Road and Park Blvd. Mr. Chris Holsted, City Engineer, provided Council with a brief background on the intent of the proposed ordinance. He stated that the Texas Department of Transportation has approved the City's request for a school zone located on FM 1378 at the intersection with McMillen Road establishing a 35 mile per hour school zone and TxDOT will furnish and install the necessary signs. TxDOT stated that once the Council approves the proposed ordinance,they will begin proceedings to have the zoning adopted by the Commission. Councilman Scott made a motion to approve the ordinance establishing a school zone on FM 1378 at the intersection with McMillen Road and Park Blvd. Councilman Young seconded the motion. A vote was taken and the motion was approved, 7- 0. 10. Consider and act upon approval of an ordinance extending interim Impact Fees,establishing a collection date, establishing a date to call a public hearing to amend the Impact Fees,and providing for an expiration date. Mr. Chris Holsted, City Engineer, addressed this item providing Council a brief background on the item and intent of the ordinance. Mr. Holsted stated that during the recent Legislative Session, Senate Bill 243 (SB243) was enacted resulting in several amendments to impact fee regulations and although some of the amendments regarding the procedures which must be followed to adopt impact fees are beneficial to municipalities, the amendment which affects the collection and calculation of impact fees will have a negative impact on the City of Wylie. He stated that the ordinance under consideration will extend Ordinance 2001-42 adopted on September 11, 2001 an additional 90 days to allow further analysis of the credit allowed in SB243 and further establishes that the City will call a public hearing for the purpose of setting a credit for impact fees in accordance with the calculation reflected in SB243 factoring in tax and utility revenue, and that this process will be completed within 90 days. Councilman Scott made a motion to approve the ordinance extending interim Impact Fees, establishing a collection date, establishing a date to call a public hearing to amend the Impact Fees, and providing for an expiration date. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 11. Consider and act upon an ordinance addressing the taxation of on leased motor vehicles. Ms. Mindy Manson, Assistant City Manager addressed this item, providing Council a brief background on the intent of the ordinance. She stated that SB 248,passed this session, implements the 1999 amendment and that the bill provides that motor vehicles leased and used primarily for non-income-producing purposes are January 2, 2002, are exempt from property taxes and gives cities an opt-out from the exemption. She stated that the City may continue to tax such leased motor vehicles if it adopts an ordinance to that effect before January 1, 2002. If the ordinance is not adopted, the City would continue to tax only those vehicles not covered by SB 248 such as vehicles used for business purposes. It was clarified that adoption of the ordinance will simply keep the option to tax open and that if the ordinance is not adopted, we would loose our option to tax in the future. This action will not effect our budget today, however, it could in the future. Mr. Johnson stated that the possibility of future taxation will need to be researched and that the adoption of the ordinance will only serve to keep the option open. Councilman Scott made a motion to approve the ordinance addressing the taxation on leased motor vehicles. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 5-2. Councilman Worley and Councilman Trout voting in opposition. Ordinance Numbers 2001-51 through 57 were then read into the record as required by the Wylie City Charter. Minutes of December 11,2001 Wylie City Council Page 6 Dt � With no further business,the meeting was adjourned at 7:11 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of December 11,2001 Wylie City Council Page 7 WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. B . January 8, 2002 Issue Consider and act upon a Final Plat for the Country Ridge Phase A Addition, being all of a certain 59.448 acre tract of land, situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas, and being a portion of the 99.7418 acre tract described in the deed to Fredrick Veninga, Trustee, according to the deed recorded in Volume 883, Page 628 of the Deed Records of Collin County, Texas. Background The Final Plat for the Country Ridge Addition Phase A is the initial phase of the Country Ridge Addition, and includes 59.448 acres and will create 180 single-family residential lots. The Plat also dedicates additional right-of-way for the widening of Country Club Road (F.M. 1378), and creates common spaces for landscape and screen wall easements as well as an amenity center. The property is zoned Planned Development District (PD 2001-24) for Single-Family Residential Uses, approved by the City Council on May 22, 2001. The PD limits the overall development to a total 312 lots, requiring a minimum lot size of 8,500 square feet and a minimum house size of 2,000 square feet. A Preliminary Plat/Development Plan for the overall development was approved by the City Council on July 24, 2001. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the Concept Plan of the approved Planned Development District as well as to the approved Preliminary Plat/Development Plan. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. The Plat dedicates right-of-way for the widening of Country Club Road (F.M. 1378). 3. The Plat provides open space for an amenity center as well as for a landscaped perimeter screen wall, to be maintained by a Homeowners Association. Board/Commission Recommendation At the December 18, 2001, Planning and Zoning Commission meeting, the Commission voted 4-0 to recommend approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Revie by Finance City Manager prova 1 r7 WYLIE CITY COUNCIL AGENDA ITEM NO., _ 1. January 23, 2001 Issue Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. Background There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. First, the publication must be a "newspaper" as defined by Section 2051.044, Texas Government Code. The section defines the term"newspaper" as: any newspaper devoting not less than 25%of its total column lineage to the carrying of items of general interest published not less frequently than once each week,entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve(12)months prior to the making of any publication... The second issue to consider is whether a particular publication is a newspaper of general circulation. The following area newspapers have been surveyed as to their circulation, times of publication, and advertising costs for public notifications. [Newspaper Publication Advertising Approx. No. Dates Costs Subscribers Wylie News Every Wednesday $ q00 per col, inch 4,600 Plano Star Courier Wed - Sun $ 13.70 per col. inch 7,500* Wed 87440* Sun McKinney Courier Sun -Friday $ .20 cents per word 9,000* McKinney Messenger Every $ 11.10 per col. inch 9,400* Allen American - t $ 10.50 per col inch 5,500* Garland News hurs & Su $ 3.56 per line 16,600* egals publ ed on Thurs& Sunday only Dallas Morning News Daily $ 12.02 per line Daily 87,587* $ 13.38 per line Sunday 98,051* * The Number of Wylie Subscribers who receive this publication was not available. Figures reflect the total number of subscribers. Background-continued The Wylie News meets the criteria for an official publication as provided by the statute. The Wylie News was the official publication for the City in 2000. Financial Consideration Approximately $ 6604.20 was spent on advertising cost for public hearing notices and legal notices during 2000. Other Consideration The City of Wylie Home Rule Charter states in Article 11, Section 2 "The City Council shall declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper." Board/Commission Recommendation N/A Staff Recommendation Staff recommends naming the Wylie News as the official newspaper. Attachments Resolution Prepared by Revi ed by Finance City Man pproval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE WHEREAS, Section 52.004, Local Government Code, requires the City Council of the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the Wylie News is a public newspaper of general circulation. NOW, THEREFORE, BE IT RESOLVED BY'111E CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby determines and establishes the Wylie News as the official newspaper for Wylie until the time that another selection is made by the City Council. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY RESOLVED by the City Council of the City of Wylie, Texas, and this the 8th day of January 2002. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. a. January 8, 2002 Issue Consider and at upon the award of a contract for the construction of the Rush Creek Sewage Lift Station to North Texas Municipal Construction Co., Inc./TNG Services, Inc., in the amount of$1,019,000.00. Background The 1999 Bond program identified the reconstruction of the Rush Creek Lift Station southeast of the existing location and the construction of a new sewer force main to the Twin Lakes Lift Station. Construction of the Cimarron Estates subdivision has increased the need for the new lift station. The lift station is a submersible pump style station including three pumps, valve vault, emergency generator, SCADA system upgrades at the public works service center, and related site improvements. The contract requires substantial completion within 180 days of the notice to proceed. Easements for the force main extending from the new Rush Creek lift station to the existing Twin Lakes lift station are being acquired. The force main project will be advertised upon acquisition of the easements and construction completion of the lift station and force main should coincide. On December 20, 2001 a total of seven (7) bids were opened for the project. North Texas Municipal Construction Co., Inc./TNG Services, Inc, submitted the low bid in the amount of$1,019,000.00. The references for the contractor were contacted and a pre-award conference was held to discuss the project. Financial Considerations The 1999 Bonds included $1,000,000 for the Rush Creek lift station and force main and the FY 2002 budget included $130,000 for new pumps for the lift station. To date approximately $100,000 has been spent on the project for engineering, surveying, and geo-technical services. The lift station and force main were both included in the most recent impact fee update, and sewer impact fees will be used to construct the force main project. Other Considerations The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the Texas Local Government Code. Staff Recommendations Staff recommends that Council award a contract to North Texas Municipal Construction Co., Inc./TNG Services, Inc to provide all equipment, labor and materials for the construction of the Rush Creek Lift Station. Attachments Recommendation Letter from The Hogan Corporation Bid Summary C rY, ")"1 Prepared b Revie b Finance City Mana . r royal p y 4.;11. y y g p 12/20/01 17:42 FAX 972 380 4833 THE HOGAN CORPORATION WYLIE-COLLINS 002 THE HOGAN CORPORATION Engineers • Planners • Consultants December 20,2001 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention: Chris Hoisted,P.E. Re: Rush Creek Lift Station THC#002-50.20 Dear Mr. Johnson: On December 20,2001, a total of seven(7)bids for the referenced project were received in your offices and opened. North Texas Municipal Construction Company, Inc./TNG Services,Inc.—Joint Venture(NTMCCl/TNG)submitted the apparent low base bid in the amount of$1,019,000_ All bid submittals have been subsequently reviewed and tabulated. No mathematical errors or significant discrepancies in any submittals were noted. A copy of the bid tabulation is attached. We solicited and reviewed qualification information provided by NTMCCl/TNG. The information indicates both companies were formed and began operating independently in 1993,and have been working together as a joint venture for approximately the last 1-1/2 years. We contacted a several of the references provided by the bidder_ While two of the NTMCCI project references indicated some concerns related to slow progress and management issues,the concerns appeared to be limited in scope and time; i.e.,there was no contract default,and the concerns were not repeated by other references contacted. Based on our review of the qualification information submitted,we see no reason to believe that NTMCCl/TNG would be incapable of performing this work. The bidding documents included a deductive alternate bid item that would allow the City to purchase the pumps and related equipment directly from the manufacturer, rather than this equipment being furnished through the contractors contract. A review of the bid tabulation indicates that the deduct amount bid by the low bidder is consistent with nearly all of the other bids,and the acceptance of the deduct would not change the ranking of the bidders. 1 Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: [972) 380-4646 FAX: [972) 380-4633 12/20/01 17:42 FAX ,?% ,.a,s THE HOGAN CORPORATION - WYLIE—COLLINS 12003 I I It is therefore recommended that City of Wylie award the project to NTMCCl/TNG for their low base bid of$1,019,000. If the City elects to accept the alternate bid item (and, therefore, purchase the pumping equipment directly),the contract amount should adjusted accordingly. Please let us know if there are any comments or questions. Very truly yours, THE HOGAN CORPORATION K.F on P.E. Executive it, President Enclosures l Bids Received: December 3,2001 2:00 p.m. City of Wylie F. RUSH CREEK LIFT STATION N N BID SUMMARYc. North Texas&TNG ^r Services North Texas Bridge Red River Gracon Triple 0 65 Construction Lloyd Plyter ,c. Item 0 Description Amount Amount Amount Amount Amount Amount Amount r" Base Bid Items '� 1 Construction of the Rush Creek Lift Station. $1,019,000.00 51.032.000.00 51,079,000.00 $1,130,089.00 51,140,000.00 $1,209,024.00 $1,225,000.00 m including but not limited to 48"influent sewer, ^' reinforced concrete wet well and valve vault, N co submersible pumps with guide rails and °e access hatches,piping and valuing,electrical co power and control systems,emergency :'r' co generator,fencing,access drive,sitework, ca and other appurtenances. Total-Base Bid Amount $1,019,000.00 $1,032,000.00 $1,079,000.00 $1,130.000.00 $1,140,000.00 S1,209,024.00 $1,225,000.00 Alternate Bld Items A-1 DEDUCT for not furnishing submersible $170,000.00 $165,000.00 $170,000.00 $170,000.00 $175,000.00 $192,933.00 $173,200.00 pumps and related equipment specified under CC Section 11316,including 3 pumps,3 base l,1 elbowfdischarge connection fittings,3 lifting -- OO systems,4 pump access hatches,and pump O conbrol panel,which equipment will be z furnished by Owner. This deduct is for elmaterials and services provided by the C manufacturer only,and all labor,tools, "o subsidiary equipment,and incidental 0 materials necessary to install the '.• aforementioned equipment is not deducted H"-1 and therefore remains in the net Base Bid. z z Total-Base Bid with Alternate Deduction S849,000.00 $857,060.00 $909,000.00 $960,000.00 $965,000.00 $1,016,091.00 51,051,800.00 1 M r C7 0 t- r z v: o 0 ,r, THC 002.50.20 THE HOGAN CORPORATION Page 1 WYLIE CITY COUNCIL AGENDA ITEM NO. 3. January 8, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) District to Business Center (BC) District with a Specific Use Permit (SUP) for Warehouse and Distribution Uses, being a 5.0 acre tract of land located west of Sanden Boulevard and south of F.M. 544, north of Hensley Lane, being part of a 16.6174 acre tract of land recorded in Volume 3367, Page 230, of the Collin County Land Records, situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. (Zoning Case No. 2001-18) Background The applicant is requesting initial zoning of the subject property from Agricultural (A) District to Business Center (BC)District in order to develop a showroom/warehouse and distribution facility. The subject property totals approximately 5 acres in size, the majority of which is floodplain. The applicant will be required to prepare a flood study and obtain a Conditional Letter of Map Revision (CLOMR) from the U.S. Corps of Engineers prior to the issuance of permits for site grading and initial construction. The floodplain has already been partially removed from the neighboring property to the south. The applicant proposes to initially construct a single building of 54,000 square feet, 10,000 sq. ft. of which will be office/showroom. A future expansion of 18,000 square feet to the rear of the initial building is planned. Public Comment Forms were mailed to five (5) property owners within 200 feet of this request. No Comment Form had been returned at the time of posting. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends that the subject property be developed as Business Center land uses. The Plan defines the Business Center category as including offices and clean manufacturing/assembly, allowing limited retail uses subordinate to the office and manufacturing functions. The proposed use is consistent with this recommendation of the Comprehensive Plan. 2. The nonresidential portion of the Zoning Ordinance, adopted November 13, 2001, permits Warehouse and Distribution uses within the Business Center District with a Specific Use Permit (SUP). The SUP provides additional review and the opportunity to impose special development conditions on certain uses when desired to better insure their compatibility with adjacent development. The SUP runs with the land and is transferable, just as is the base zoning. The proposed development satisfies the Base Standards as well as sufficient Desirable Requirements to achieve the required points, and it is believed that no additional conditions need be imposed. 3. The accompanying Site Plan provides a summary of the proposed development requirements, and this Plan shall be considered part of the development requirements for the subject property. It is the staffs opinion that the subject facility, as proposed to be developed, will provide sufficient compatibility to neighboring developments regardless of varied uses which may occupy the facility in the future. Board/Commission Recommendation At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Location Map Notification List Ordinance Prepared by Rev' ed by Finance City Manag oval i I 2 ! 1 ! I 1 .._..._..______....... i , i i Subject 1 , !I i i Property i I 1 i : , 1 i i 7.-77----------,.._----6------ 112.........-..-..-.._.-.._.. 1 1 ! i -. / , .1 ) : ..-..-1 . . . ..-..-.. .. .-..-..- / ! k ---- 't - -./ 4 .. ' I ‘. i i 1 , ‘ I i 1 r-• / , a I/ i•i . : 1 I I , . / •.., ill 1 . , / ‘ I ; 1 'T — •—••----------- i I ! i 1 i i i i . .. .. i ../ i 1 i- 1 i. icts,, 1 . 1 1 '.... • .., f,.. i • 1 i > 1 .k..... 1 1 ••,. --...... - ., . . , .. • .... .• • • • • . . _.. .. . . ...... . . _ , 1 1 i ......Th 1! \ 1 i r c I I •l. a).... -a I i c 1 i o .,. 1i ) I I / ( ..." 1 ! k..... ...."." -1 I i ill-ri • ' ! ! I...i 1 ..• .... . ..‘.% i 1 1 1 ..J 1 1 ..I /'c•D• / ! ! I ! I 1 /-• V- i I ! ! 1 " i i i ! e i , , , , LOCATION MAP ZONING CASE #2001 -1 % NOTIFICATI. . REPORT APPLICANT: Southern Fastening Systems APPLICATION FILE #2001 12 9525 Forest View Dallas, Texas 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 9525 Forest View 1 Southern Fastening Systems Dallas,Texas 75243 601 Sanden Blvd 2 BIk A Lot 1 R-2447-00A-0010-1 Sanden International,USA Wylie,Texas 75098 F.O. Birmingham Memorial P.O.Box 546 3 Abst. 841 Tract 13 R-6841-000-0130-1 Land Trust Wylie,Texas 75098 P.O.Box 490 4 Abst.841 Tract 14 R-6841-000-0140-1 Wylie Independent School District Wylie,Texas 75098 5705 Murphy Road 5 Abst. 841 Tract 18 R-6841-000-0180-1 Barry Partick Garland,Texas 75048 Ben Scholz P.O.Box 307 6 Abst. 841 Tract 1 R-6841-000-0010-1 Richard Parker Wylie,Texas 75098 7 8 9 10 11 12 13 14 15 16 17 , 09Z �,, 1 Ll- �00� n • . , 1. • „ 4, 'hir's. s aN.1r k,i,!, •crS1M 4 �k,a :. d, L �g rod A X'� .{. ! :, L:4 , u _s 1-0 a..t c y1.t7r " A S'� L -.z.3 ,tA }F �f�, J .1.is køMPN ';i,rrk Ll �Vim?.,3:11_,,, „�f �ri� itj.( , r n_t ` ma`s L. a I. • + r,� �` 5 p,f F l r^`r vs() .-f-U) 1Aa-p-vyr� C i --� --E- J- 19 ?'1 vV 2 as j' ?� elknN�^!��!� 'off ! 21o1s 'I 1 I ..J 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, ZONING CASE #2001-18 TO, BUSINESS CENTER (BC) DISTRICT CLASSIFICATION WITH A SPECIFIC USE PERMIT (SUP); 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, Business Center(BC)District Classification with a Specific Use Permit (SUP), 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 , 2002. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Property Description ZC #2001-18 SITUATED in the State of Texas, County of Collin and City of Wylie, being part of the Duke Strickland Survey, Abstract No. 841, being part of a 16.6174 acre tract of land recorded in Volume 3367, Page 230 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a Roome 1/2-inch capped iron rod found marking the northeast corner of a 5.00 acre tract of land as recorded under County Clerk No. 2000-0080050 of the Collin County Land Records, said corner being in the south line of the premises herein described; THENCE, with the south line of said premises and the north line of said 5.00 acre tract, North 87°56'27" West, passing at 550.78 feet a Roome capped '/2-inch iron rod found for reference and continuing for a total distance of 561.78 feet to the northwest corner of said 5.00 acre tract in the west line of said 16.6174 acre tract and an east line of a Wylie Independent School District tract of land as recorded under County Clerk No. 92-0092602 of the Collin County Land Records; THENCE, with the west line of said premises, said 16.6174 acre tract, and an east line of said Wylie I.S.D. property, North, 349.82 feet to a Roome capped '/2-inch iron rod set marking the northwest corner of the herein described premises; THENCE, with the north line of said premises, South 87°56'27" East, 636.78 feet to a Roome capped 1/2-inch iron rod set marking the northeast corner of said premises in the east line of said 16.6174 acre tract and the west right-of-way line of Sanden Boulevard (55' R.O.W.); THENCE, with the east line of said premises, 16.6174 acre tract, and the west right-of-way line of Sanden Boulevard as follows: South 03°39'02" West, 90.97 feet to a Roome capped '/2-inch iron rod set; South 05°12'58" West, 259.05 feet to a Roome capped '/2-inch rod set marking the southeast corner of said premises; THENCE, with the south line of said premises, North 87°56'27" West, 45.64 feet to the Point of Beginning and containing 217,800 square feet or 5.00 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. , January 8, 2002 Issue Hold a Public Hearing to consider and act upon a change to the Conditions of Development for the Planned Development District (PD 2001-46), generally located north of F.M. 544 and east of McCreary Road, being north of the Lakeside Estates Addition and east of the Sage Creek Addition, situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas, being part of a 28.5675 acre tract and all of a 27.4522 acre tract conveyed to Thomas Mannewitz by deed recorded under County Clerk's File No. 92-0064130, Deed Records, Collin County, Texas. (Zoning Case No. 2001-19) Background The Planned Development District which established the initial zoning on the subject property (PD 2001-46), including Conditions of Development and a Conceptual Plan, was adopted by the City Council on September 25, 2001. The Preliminary Plat, the first step in the development process, was approved by the Council on December 15, 2001. The Plat for the 41.7 acre tract will create 151 single-family residential lots. The Conditions of the Planned Development District provides for an average lot size of 8,500 square feet, with no lots being smaller than 7,200 square feet and no fewer than 97 lots having a minimum size of 8,500 square feet. The PD provided for reduced side yards. The adopted Planned Development also provided that the"architectural point standards for the SF 8.5 District Zoning will be met." The applicant is now requesting an amendment to the Conditions of the Planned Development District in order to achieve certain variances to the standard requirements of the Zoning Ordinance. These include the following: ENWitai*011aigieg:::::>:::>::::>::; t, € :: rani •v�€::r�>: �:::�a�::«:> >:>:<:>:::<:>::#�r� .se...,��en� enls�::�1ie::;l ::::»::::: .................... ....................................................... Skip 7 lots on same side of street and Skip 4 lots on both sides on street and 4 on opposite side points for skipping additional Wit h points for skipping 9 and 6 PP g ROiiikki4iiitiatEktiVig 40 sq.ft.minimum on all residences 18 sq.ft.minimum on all residences Public Comment Forms were mailed to seventy (70) property owners within 200 feet of this request. Two Comment Forms had been returned at the time of posting, both FAVORING the proposed changes. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Residential requirements of the Zoning Ordinance, adopted in July of 2000, require that seven (7) lots be skipped on the same side of the street and four (4) on the opposite side before repeating a dwelling unit with substantially the same floor plan and street elevation. The applicant is requesting a skipping of four on the same side and two on opposite sides, which more closely follows accepted development practices. Of ten neighboring municipalities surveyed, only Rockwall had any requirement to skip elevations and they required a skipping of five (5) lots. 2. The Residential requirements of the Zoning Ordinance, adopted in July of 2000, require that all dwellings within the SF 8.5/17 District be provided with a covered entry of not less than 40 square feet and 4 feet depth. The required Base Standard for all other dwelling sizes is 20 square feet and 21/2 feet depth, with the 40 sq. ft. being a Desired Option for which additional points are provided. The applicant is requesting a covered front porch of eighteen (18) square feet and five (5) feet width. Of ten neighboring municipalities surveyed, none had any requirement for a porch or covered entry. 3. The PD Conditions as amended require compliance with all other Base Standards of the Architectural Requirements. Board/Commission Recommendation At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Location Map Notification List and Map, with responses Ordinance with revised Conditions Prepared by Revie d by Finance City Manage proval 11L14L. 1. t7 --�l J.. 1J.! L 111 . 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M. r944 �1 i i i 1 I i • i i i ! i i [ ! i i i i - i \. \ i C i i .� \ --- i LOCATION MAP ZONING CASE #2001 - 19 NOTIFICATIC REPORT APPLICANT: Skorburg Retail Corporation APPLICATION FILE #2001-19 3838 Oak Lawn,Suite 1212 Dallas, Texas 75219 # BLK/ABST I LOT/TRACT I TAX I.D. # PROPERTY OWNER NAME I ADDRESS 1 I 3000 Candlebrook Drive Sage Creek#V Ile.Texas 75098 1 Bik C Lot 23 R-4530-00C-0230-1 Debbie Mertes 13800 MontfortDrive,Suite 100 Sage Creek#V 75240-434 Texas 4 2 Bik A Lot 23 R--4530-00A-0230-1 Ashton Custer LLC 13 Dallas,00 Montfort Texas Drive,Suite 4 100 Sage Creek#V Dallas,Texas 75240-4344 3 A 22 R-4530-OOA-0220-1 Ashton Custer LLC 204 Admiral Drive Sage Creek#V Maichl Ta Wylie,Texas 75098 4 Blk B Lot 44 R 4530 OOB 0440 1 13800 Montfort Drive,Suite 100 • Sage Creek#V Dallas,Texas 75240 4344 5 B 43 R-4530-00B-0043-1 Ashton Custer LLC 13800 Montfort Drive, Suite 100 4 Sage Creek#V Dallas,Texas 75240-4344 6 B 42 R-4530-008-0042-1 Ashton Custer LLC 13800 Montfort Drive,Suite 100 Sage Creek#V Dallas,Texas 75240-4344 7 B 41 R-4530-OOB-0041-1 Ashton Custer LLC 13800 Montfort Drive,Suite 100 Sage Creek#V Dallas.Texas 75240-4344 8 B 40 R-4530-008-0040-1 Ashton Custer LLC 13800 Montfort Drive,Suite 100 Sage Creek#V Dallas,Texas 75240-4344 9 B 39 R-4530-008-0039-1 Ashton Custer LLC 13800 Montfort Drive,Suite 100 Sage Creek#V Dallas,Texas 75240-4344 10 B 38 R-4530-00B-0038-1 Ashton Custer LLC 13800 Montfort Drive,Suite 100 Sage Creek#V Dallas,Texas 75240-4344 11 B 37 R-4530-OOB-0037-1 Ashton Custer LLC 13800 Montfort Drive,Suite 100 Sage Creek#V Dallas,Texas 75240-4344 12 B 36 R-4530-0OB-0036-1 Ashton Custer LLC 3001 Eagle Mountain Drive Sage Creek#V 13 B 35 R-4530-OOB-0035-1 Jennifer Reid Wylie,Texas 75098 13800 Montfort Drive, Suite 100 Sage Creek#V Dallas,Texas 75240-4344 14 B 34 R-4530-OOB-0034-1 Ashton Custer LLC 2904 Lakefleld Drive Lakeside Estates#1 15 B 3 R-4246-008-0030-1 Michael Light Wylie,Texas 75098 2902 Lakefleld Drive Lakeside Estates#1 16 B 2 R-4246-OOB-0020-1 Troy Martin Wylie,Texas 75098 2900 Lakefleld Drive Lakeside Estates#1 17 B 1 R-4246-OOB-0010-1 Bradley Thompson Wylie,Texas 75098 Lakefleld Drive • Lakeside Estates#1 Ile,Texas 75098 2905 18 Blk H Lot 16 R-4246-00H-0160-1 Michael Cubbage 2903 Lakefleld Drive Lakeside Estates#1 ile,Texas 75098 19 H 17 R-4246-00H-0170-1 Jane Long WyLakeside Estates#1 Ol Lakefleld Drive 20 H 18 R-4246-00H-0180-1 Shelly Gibson Wylie,Texas 75098 101 Cobblestone Drive Lakeside Estates#2 Wylie,Texas 75098 21 H 19 R-4531-OOH-01 90-1 Bruce Boyea lakeside Estates #2 103 Cobblestone Drive 22 H 20 R-4531-00H-0200-1 Julie McIntosh Wylie,Texas 75098 Lakeside Estates#2 1101 Union Bower Road,Suite 160 23 Blk I Lot 6 R-4531-001-0060-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 24 I 5 R-4531-001-0050-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 25 I 4 R•4531.001.0040.1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 26 I 3 R-4531-001-0030-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 27 I 7 R-4531-001-0070-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 28 I 8 R-4531-001-0080-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 29 I 9 R-4531-001-0090-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 30 I 10 R-4531-00I-0100-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 31 I 11 R-4531-001-0110-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 32 I 12 R-4531-001-0120-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1431 Greenway Drive,Suite 700 33 I 13 R-4531-00I-0130-1 Pulte Home Corporation 1431Irving, in eeeTexas ay 750Dri038-2484 Sulte 700 Lakeside Estates#2 34 I 14 R-4531-001-0140-1 Pulte Home Corporation Irving,Texas 75038-2484 Lakeside Estates #2 1431 Greenway Drive,Suite 700 35 I 15 R-4531-001-0150-1 Pulte Home Corporation 1431Irving, Greenwayxas 750Dri038-2484 Sulte 700 Lakeside Estates#2 36 I 16 R-4531-001-0160-1 Pulte Home Corporation Irving, g05 La Texas 75038-2484 Lakeside Estates#2 7509827 Texas Wylie, 37 I 17 R-4531-00I-0170-1 Joel Shapiro 0 Texas3 d Drive Lakeside Estates #2 38 I 18 R-4531-001-0180-1 Thomas Welmann Wylie,Texas 75098 Lakeside Estates#2 1431 Greenway Drive,Suite 700 39 I 19 R-4531-001-0190-1 Pulte Home Corporation Irving,Texas 75038-2484 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 40 I 20 R-4531-001-0200-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates #2 2607 Lakefieid Drive 41 I 21 R-4531-001-0210-1 Bridgett Hanson Wylie,Texas 75098 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 42 I 22 R-4531-00I-0220-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 43 I 23 R-4531-OOI-0230-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates #2 1 101 Union Bower Road,Suite 160 44 I 24 R-4531-001-0240-1 Gehan Homes Ltd. Irving,Texas 75061-5852 2600 Hillside Drive Lakeside Estates#2 Ile,Texas 75098 45 I 25 R-4531-00I-0250-1 Eduardo Bejar Wy Lakeside Estates#2 2602 Hillside Drive 46 I 26 R-4531-001-0260-1 Darian Powell Wylie,Texas 75098 Lakeside Estates#2 1431 Greenway Drive,Suite 1UU 47 I 27 R-4531-001-0270-1 Pule Home Corporation Irving,Texas 75038-2484 Lakeside Estates #2 2606 Hillside Drive 48 I 28 R-4531-001-0280-1 Shelley Strawn Wylie,Texas 75098 Lakeside Estates#2 1101 Union Bower Road,Suite 160 49 I 29 R-4531-001-0290-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 50 I 30 R-4531-001-0300-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 51 I 31 R-4531-001-0310-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 52 I 32 R-4531-001-0320-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 2706 Hillside Drive 53 I 33 R-4531-001-0330-1 Christopher Gonzales Wylie,Texas 75098 Lakeside Estates#2 1431 Greenway Drive,Suite 700 54 I 34 R-4531-00I-0340-1 Pulte Home Corporation Irving,Texas 75038-2484 Lakeside Estates#2 1431 Greenway Drive,Suite 700 55 I 35 R-4531-00I-0350-1 Puite Home Corporation Irving,Texas assi75038 22484 Lakeside Estates#2 de Drive 56 I 36 R-4531-00I-0360-1 Brandon Dry Wylie,Texas 75098 Lakeside Estates#2 2802 Hillside Drive 57 I 37 R-4531-001-0370-i Kell!McClure 1431 Greenway Drive,Suite 700 Lakeside Estates#2 58 I 38 R-4531-00I-0380-1 Pulte Home Corporation Irving,Texas 75038-2484 Lakeside Estates#2 2806 Hillside Drive 59 I 39 R-4531-001-0390-1 Lance Wilson Wylie,Texas 75098 Lakeside Estates#2 1101 Union Bower Road,Suite 160 60 Blk M Lot 1 R-4531-00M-0010-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1101 Union Bower Road,Suite 160 61 M 2 R-4531-00M-0020-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Lakeside Estates#2 1 101 Union Bower Road,Suite 160 62 M 3 R-4531-00M-0030-1 Gehan Homes Ltd. Irving,Texas 75061-5852 Applicant 3838 Oak Lawn,Suite 1212 63 Skorburg Retail Corporation Dallas,Texas 75219 1717 S.Jupiter Road 64 Abst.849 Tract 17 R-6849-000-0170-1 Thomas Mannewitz Garland,Texas 75042-7719 er 42-7719 1717 S. oad 65 Abst.849 Tract 20 R-6849-000-0200-1 Thomas Mannewitz Garland,Texas 75042-7719 P.O.Box 835 66 Abst.849 Tract 16 R-6849-000-0160-1 Ronnie Housewright Wylie,Texas 75098 2615 Brlarcove Drive 67 Abst.849 Tract 21 R-6849-000-0210-1 Paul Taylor Plano,Texas 75074 2825 W.FM 544 68 Abst.849 Tract 22 R-6849-000-0220-1 Patrice Lemmon Wylie,Texas 75098 13800 Montfort Drive,Suite 100 69 Abst.849 Tract 10 R-6849-000-0100-1 Ashton Custer LLC Dallas,Texas 75240-4344 13800 Montfort Drive,Suite 100 70 Abst.849 Tract 11 R-6849-000-0110-1 Ashton Custer LLC Dallas,Texas 75240-4344 i i " sk-1 eus•}er Lid K-644° -000-oil o-J i -T R. 14ou.5e o r Oki. i R- 6gliq -000- olfoo- 1 ': newiiz T. Marinewi-i-z_ J ;u000 r- 60149-00o-0170- ► olio- I :foci .. .. • 11�'° for P ` ay o •, 12- 6841 -000-- 0200- I R-68Uq- 000- olio- 1 i Mill'a' 5 s _...____ ._____..1 F. Lerxtmon t je ii GQI I'COO' I 'Avog. � 02SO I I 8 . iiilll to X orro 5e iiiin .. i 12 s ,., ,, KIP ' Drive _.._..= L� ktifletd D►lvtT T. 7f_. .- i le°a::fpf:°e i -\. `\ v f1)1AII* illlll , :( 1--- oo ^ � I , Till n . „______ way // / - ; A 0,kP .2 CN \b ` I 1 I I '111, Ills Drive / A-1., 1 I _ el _ _ a) ! 0 — ( I PL --(3 i a .,, C f I rf 01 inn r _ t n i = 30 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-19. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-19. Date,Location &Time of Planning&Zoning Commission meeting: Wednesday, January 2, 2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location &Time of City Council meeting: Tuesday, January 8,2002, 6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: / t."/ � � (/'/,/ 1 (please print) // Address: /ID/ /1 (';tic,: / c-u-e_ /2/ /G•O ?C Signature: Date: /Z ' /. '-01 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attachedpublic notice for Zoning Case #2001-19. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-19. Date, Location &Time of Planning&Zoning Commission meeting: Wednesday, January 2, 2002,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location &Time of City Council meeting: Tuesday,January 8,2002, 6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: k C�,I re/ (please print) Address: 2--Ca)Z Ij�( i V 1/0(Al Signature: Date: 1 ZO/COMMENTS: 111 CCC 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,ZONING CASE NUMBER 2001-19, TO PLANNED DEVELOPMENT (PD) 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 Planned Development (PD) District Classification, said property being described in Exhibit"A" and Exhibit"B" 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 , 2002. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Property Description ZC #2001-19 Being a tract of land situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas and being part of a 28.5675 acre tract of land and all of a 27.4522 tract of land conveyed to Thomas Mannewitz by deed recorded under County Clerk's File Number 92-0064130, Deed Records, Collin County, Texas, and being more particularly described as follows: Beginning at a capped 5/8" iron rod set on the east line of Lakeside Estates Phase I, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet L, Slide 523, Map Records, Collin County, Texas for the southwest corner of aforesaid 27.4522 acre tract and the northwest corner of Lakeside Estates Phase II, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet N, Slide 41, Map Records, Collin County, Texas; Thence, North 00°24'00" West, along the west line of said 27.4522 acre tract, the east line of said Lakeside Estates Phase I, the east line of Sage Creek Phase V, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet M, Slide 135, Map Records, Collin County, Texas and the east line of a tract of land conveyed to Ashton Custer L.L.C. by deed recorded under County Clerk's File Number 98-0008878, Deed Records, Collin County, Texas, a distance of 1113.43 feet to a capped iron rod found for the northwest corner of said 27.4522 acre tract and the southwest corner of said 28.5675 acre tract; Thence, North 01°23'10" West, along the west line of said 28.5675 acre tract and the east line of said Sage Creek Phase V, a distance of 196.50 feet to a 5/8" iron rod found for a re-entrant corner of said Custer tract and a northwest corner of said 28.5675 acre tract; Thence, South 88°00'00" East, along a south line of said Custer tract and a north line of said 28.5675 acre tract, a distance of 99.00 feet to a capped 5/8" iron rod set for a southeast corner of said Custer tract and a re-entrant corner of said 28.5675 acre tract; Thence, North 00°15'00" West, along an east line of said Custer tract and a west line of said 28.5675 acre tract, a distance of 395.18 feet to a capped 5/8" iron rod set for the southwest corner of a 29 acre tract of land conveyed to Ronnie Joe Housewright by deed recorded in Volume 2967, Page 281, Deed Records, Collin County, Texas and the northwest corner of said 28.5675 acre tract; Thence North 89°45'00" East, along the north line of said 28.5675 acre tract and the south line of said 29 acre tract, a distance of 1105.95 feet to a capped 5/8" iron rod set for corner; Thence, South 07°47'16" West, a distance of 146.59 feet to a capped 5/8" iron rod set for corner; Thence, South 35°24'34" West, a distance of 175.22 feet to a capped 5/8" iron rod set for corner; Thence, South 00°04'26" East, a distance of 191.56 feet to a capped 5/8" iron rod set for corner; Thence, South 00°28'22" East, a distance of 112.81 feet to a metal fence post on the south line of said 28.5675 acre tract for the northeast corner of said 27.4522 acre tract and the northwest corner of a 27.44 acre tract of land conveyed to Paul Taylor by deed recorded in Volume 645, Page 470, Deed Records, Collin County, Texas; Thence, South 00°13'42" East, along the east line of said 27.4522 acre tract, the west line of said 27.44 acre tract and the west line of a 5.00 acre tract of land conveyed to Calvin E. Lemmon by deed recorded in Volume 864, Page 279, Deed Records, Collin County, Texas, a distance of 1108.22 feet to a capped 5/8" iron rod set for the southeast corner of said 27.4522 acre tract and the southwest corner of said 5.00 acre tract and being on the north line of said Lakeside Estates Phase II; Thence, South 89°41'35" West, along the south line of said 27.4522 acre tract and the north line of said Lakeside Estates Phase II, a distance of 1074.85 feet to the Point of Beginning and containing 1,818,329 square feet or 41.743 acres of land. Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT ZONING CASE NO. 2001-19 MANNEWITZ TRACT Wylie, Texas General Conditions: 1. This Planned Development District shall not affect any regulation within the Code of Ordinances, except as specifically provided herein. 2. All regulations of SF-8.5 District set forth in Article 2, Section 3.3 A.3 of the Comprehensive Zoning Ordinance are included by reference and shall apply except as provided herein. Special Conditions: 1. The side yard setback shall be not less than six (6)feet or ten percent (10%) of the lot width at the building line, whichever is greater, not to exceed ten (10) feet, on each side. 2. A side yard adjacent to a street shall be not less than fifteen (15) feet. A side yard on key lots adjacent to a street shall be not less than twenty-five (25) feet. 3. Mandatory Homeowners Association 4. All open space and landscape to be maintained by the Homeowners Association. Landscaped entry feature with landscaped median. 5. The Village Residential District point standards for SF-8.5 District Zoning will be met for Village Land Design Requirements and Street and Sidewalk Requirements. The Architectural points requirement will be met, except that the Base Standard for units with same floor plan and same street elevation shall require four (4) lots to be skipped on both sides of the street before repeating an identical floor plan with an identical elevation, and the Base Standard shall require a covered front porch to have a minimum of eighteen (18) square feet with a 5' minimum width. 6. Minimum lot width of 60' at the building line. 7. Minimum lot depth of 100' for lots. 8. Average lot size for the overall tract will be approximately 8,500 square feet. 9. There will be no more than forty-seven (47) lots with a lot size less than 8,500 square feet. There will be no fewer than ninety-seven (97) lots with a minimum lot size greater than 8,500 square feet. No lot will be less than 7,200 square feet. 10. An Amenity Center with pool and playground shall be required, and shall provide trail access to the flood plain. All required parking for the Amenity Center shall be on-site. WYLIE CITY COUNCIL AGENDA ITEM NO. 5 , January 8, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Industrial (I) District to Commercial Corridor(CC)District, being a 30.278 acre tract of land located in the northwest corner of FM 544 and SH 78, situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, being the same property as conveyed to the City of Wylie by deed recorded in Volume 279, Page 511, Deed Records of Collin County, Texas, being the same property as conveyed to Gary E. Bowland, Charlotte A. Bowland, Martin L. Anderson and Susan M. Anderson by deed recorded under the County Clerk's File No. 99-0048505, Deed Records of Collin County, Texas, being the same property as conveyed to Ronald C. Dow by deed recorded in Volume 1806, Page 902, Deed Records of Collin County, Texas, being the same property as conveyed to the Wylie Economic Development Corporation by deed recorded in Volume 4572, Page 3563, Deed Records, Collin County, Texas, being all of Lot 1 and Lot 2, Block A of the Walgreens-Wylie Addition, according to the plat thereof recorded in Cabinet N, Slide 378, Map Records of Collin County, Texas, being all of Wylie Industrial Park, according to the plat thereof recorded in Volume 8, Page 55, Map Records of Collin County, Texas, being all of a tract of land conveyed to Collin County by deed recorded in Volume 4980, Page 2156, Deed Records, Collin County, Texas, being part of the D.A.R.T. ROW, being part of old State Highway ROW and being part of F.M. Highway 544 ROW. (Zoning Case No. 2001-20) Background On November 13, 2001, the City Council adopted major revisions to the nonresidential districts of the Comprehensive Zoning Ordinance and the Official Zoning Map. These revisions were necessitated by the adoption in 1999 of a revised Comprehensive Plan, which recommended certain changes in the nomenclature and distribution of land uses. The newly-adopted zoning requirements and map are intended to implement the goals expressed by the Comprehensive Plan. Because of its diverse uses and transitioning development patterns, and at the specific request of several property owners, the City Council pulled out the area around Cooper Street in the northwest corner of State Highway 78 and F.M. 544 for separate consideration. This area totals approximately 30 acres and is held in approximately 17 separate ownerships. This area was earlier proposed to be changed from the old Industrial (I) District to the new Community Retail (CR)District. The Community Retail District is intended to become Wylie's major commercial center, accommodate a broad variety of diverse and intensive commercial uses including shoppers and comparison goods as well as convenience goods. Several of the recently-initiated retail developments in the subject area reflect this goal and definition. The Commercial Corridor(CC)District is intended to accommodate a diverse mixture of commercial and light industrial uses which are all dependent upon direct access to major regional thoroughfares but which are complimentary to one another as well as to the vehicular corridor. Several of the existing establishments within the subject area reflect these characteristics, as well as those of the Community Retail District. Public Comment Forms were mailed to Fifty-five (55) property owners within 200 feet of this request. One Comment Form had been returned at the time of posting, FAVORING the rezoning. Financial Considerations Zoning Application Fee—waived Other Considerations 1. The Comprehensive Plan recommends that the subject property be developed as Community Retail and Office land uses, as Wylie's new commercial center(the architectural and use character of the Downtown Historic District is to be preserved, thereby limiting its appropriateness for modern, vehicular-dependant uses). Either the Community Retail or Commercial Corridor zoning districts are consistent with this recommendation of the Comprehensive Plan. 2. The recently-adopted revisions to the Zoning Map assigned the Commercial Corridor (CC) District to all of the lands fronting the north side of the S.H. 78 and F.M. 544 intersection, except for the subject area. The Commercial Corridor District provides for a variety of land uses to accommodate both a majority of the viable existing uses and the commercial uses envisioned by the Comprehensive Plan. The adopted Design Regulations of the Commercial Corridor District are sufficient to require the quality of development desired at this highly-visible intersection, and support the desired image of Wylie's central place and identifying physical image. 3. The size and configuration of many of the existing lots within the subject area favor development as Commercial Corridor uses rather than as Community Retail. Board/Commission Recommendation At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Location Map Notification List and Map with responses Ordinance Al( L Prepared by Revie d by finance City Manag royal / Irafi \I ' I1 ' _ • 1 ' ... All I� _. �lie. a 1 �1ini 1 __I 1: int-1.....,pbmliniimulioni Subject ti4i7tljui Property / i • ice, , II ,,� / in • • 1 ,` I r (F. M� 3412) 'Still r II mil Hs _ L" �I • T J -1- _ � � [ I I IIVY=■� !� 1 I , Mil-:: ,\ \\\\. "...Hyn_=. organ —"" ,, •---- 1.11 Hil°1111"..,iit ,..:1„Is m..! 1 r: '77--, , J., , .-..-\-.t.10V: -II _, 1 , _,=i-}„.. 1. - min ■ �IIIn it�lVprit ti \\\I r 1- -''= =V - _ z � ,;:. . tip.,. F --r-- -,J .1 ID `UMW' - ice." I i I Lin -- • _ 7_? i Amigo utmil - I---: I A II , ,11 •L ..miiiiik• N.,rif.-,, - , ,_ ,__ , , , -:=L-_p ,__• ,_- „.,-, , , lai or , _ - r-1. ,. - MN-t I . .�� Saar SbNI WIN INN ..f. n .›.1-7, al a .. ,2,,En-- _I .,,,,„.._... t_ . sTe•\4; ,EN= ____ ra 7.•• I 51._,_. ...FIE::: I 431:14:-q'fitvil 47.--- / uhuhgijI1 . -. . I�TJ1flI .Az rt ,,,,,+.-„-:‘ nun 1i . ' Ir . x 1�'^ _, . , , 7ri I L---N., . . ,, — -TT_ ini El p F. M ••40, o� > ' i 1 ' !Illiill] _ - pC f i 7- ._ _ _ 4_,11 I' l',',', FTHE--......-- - is , _ __ _ _ • • -__ le 1 .„.. _ _ -,,,„1 ., , ,,, -v _ _ _--_-_ = =t, "• I !____i„,. ,_____;. _ .. , , , , , 4.-- 1 I 1-1 .„0. _ice, \<,, ... - - v. ; v.-\-- \ \ 1 , •- _ _ ,.. . ._ , ..,„ ..:,.. _--=A3,..,__-____,-_- :_- -:_ _-_ - , . ,,, - / f\/ rto , 17-7.--t I — —0,_.__ mini '._ . . / " ' r-r„ , , ,1 I l i l l l l l l i m o < LOCATION MAP ZONING CASE #2001 -20 NOTIFICATION REPORT APPLICANT: City of Wylie APPLICATION FILE #2001-20 2000 Highway 78 North Wylie,Texas 75098 1 # II BLK/ABST I LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS RR1 Box 269 Wylie Ind.Park Scroggins,Texas 75480 1 Blk 1 Lot 1 R-i 180-001-0010-1 Ronald Dow 7506 Vista Creek Lane Wylie Ind. Park 2 Blk 1 Lot 2A R-1180-001-002A-1 Raymond Stone Sachse,Texas 75048 RR1 Box 269 Wylie Ind. Park Scroggins,Texas 75480 3 BIk 1 Lot 2B R-1180-001-002B-1 Ronald Dow 7506 Vista Creek Lane Wylie Ind. Park 4 Blk 1 Lot 3 R-1180-001-002A-1 Raymond Stone Sachse,Texas 75048 7506 Vista Creek Lane Wylie Ind.Park 5 Blk 1 Lot 4 R-1180-001-0040-1 Raymond Stone Sachse,Texas 75048 20802 N.Cave Creek#16 Wylie Ind. Park Phoenix,AZ 85024 6 Blk 1 Lot 5 R-1180-001-0050-1 Maxine McMasters 707 Cooper Drive Wylie Ind.Park 7 Blk 1 Lot 6 R-1180-001-0060-1 Rick Perry Wylie,Texas 75098 705 Cooper Drive Wylie Ind. Park 8 Blk 1 Lot 7 R-1 180-001-0070-1 Jan Scheel Wylie, Texas 75098 Wylie Economic 2000 Hwy. 78 North Wylie Ind.Park 9 Blk 1 Lot 8 R-1 180-001-0080-1 Development Corporation 98 WyliWylie Hwy. 78 e,Texas 7500rth 98 Wylie Ind.Park Wylie Economic 10 BIk 1 Lot 9 R-1180-001-0090-1 Development Corporation Wylie,Texas 75098 Wylie Ind. Park Wylie Economic 2000 Hwy. 78 North 11 Blk 1 Lot 10 R-1180-001-0090-1 Development CorporationWylie, 75098 70 TexaCooaer s Drive Wylie Ind. Park Wylie,Texas 75098 12 Blk 1 Lot 11 R-1180-001-0110-1 Duel Products 702 Cooper Drive Wylie Ind. Park 13 Blk 1 Lot 12 R-1180-001-0120-1 Duel Products Wylie,Texas 75098 6308 Wolf Run Road Wylie Ind. Park Donal, Inc. Piano,Texas 75024 14 Blk 1 Lot 13 R-1 180-001-0130-1 6000 Custer Road#101 Wylie Ind. Park 15 Blk 1 Lot 14 R-1180-001-0140-1 Harold Smith Plano,Texas 75023 Wylie Ind. Park 1 14 W. 1 1 th Street 16 Blk 1 Lot 15 R-1 180-001-0150-1 KCS Railway Company Kansas City,MO 64105 Wylie Ind.Park 114 W. 1 1 th Street 17 Blk 1 Lot 16 R-1 1 01 60-1 80-001- KCS Railway Company KansaCity,MO 64105 1s 11 pence Wylie Ind. Park Wylie,Texas 75098 18 Blk 1 Lot 17A R-1180-001-0170-1 Daniel Ross 114 W. 1 1 ih Street Wylie Ind. Park Kansas City,MO 64105 19 Blk 1 Lot 17B R-1 180-001-017E-1 KCS Railway Company 1 i 1 Spence Daniel Ross Wylie Ind.Park lief Texas 75098 20 Blk 1 Lot 18A R-1180-001-0170-1 114 W. 11ih Street Wylie Ind. Park Kansas City,MO 64105 0i Rik 1 Lot 188 ___R-1180-001-017B-1 KCS Railway Company I I Wylie Ind.Park P.O. Box 1300 22 Bik 1 Lot 19 R-1180-001-0190-1 JCM Properties Wylie,Texas 75098 Wylie Ind.Park P.O.Box 1300 23 Bik 1 Lot 20 R-1180-001-0190-1 JCM Properties Wylie,Texas 75098 P.O.Box 1300 24 Abst.820 Tract 13 R-6820-000-0130-1 Universal Transformer Co. Wylie,Texas 75098 700 Westwind 25 Abst.820 Tract 44 R-6820-000-0440-1 Gary Bowland Wylie,Texas 75098 2000 West Loop S. #1080 26 Abst.820 Tract 16 R-6820-000-0160-1 LSI 78 Corner LP Houston,Texas 77027 Wylie Economic 2000 Hwy. 78 North 27 Abst.820 Tract 15 R-6820-000-0150-1 Development Corporation Wylie,Texas 75098 2000 Hwy. 78 North 28 Abst.820 Tract 11 R-6820-000-0110-1 Clty of Wylie Wylie,Texas 75098 Collin County 210 S.McDonald Street 29 FM 544 Commissioner's Court McKinney,Texas 75069 114 W. 11 th Street 30 KCS R.O.W. KCS Railway Company Kansas City,MO 64105 P.O.Box 66016 31 DART R.O.W. DART Railway Dallas,Texas 75266 P.O.Box 1297 32 Abst.266 Tract 21 R-6266-000-0210-0 Becky Litowitz Enumclaw,WA 98022 604 Lookout#828 33 Abst.266 Tract 3 R-6266-000-0030-1 Chemical Recycling,Inc. Richardson,Texas 75080 2301 Cedar Springs#400 34 Abst 267 Tract 4 R-6267-000-0040-1 Greenway-78 LP Dallas,Texas 75201 P.O.Box 3067 35 Abst 267 Tract 4R R-6267-000-004R-1 State of Texas Dallas,Texas 75221 1131 Silverwood Drive#192 36 Abst 267 Tract 5 R-6267-000-0050-1 Khalid&Hanif Corporation,Etal Arlington,,08 Texas Sycamore 37 Abst 267 Tract 25 R-6267-000-0250-1 McDaniel Enterprises,Ltd. Mineola,Texas 75773 P.O. Box 3067 38 Abst 267 Tract 25R R-6267-000-025R-1 State of Texas Dallas,Texas 75221 108 Sycamore#1 39 Abst 267 Tract 24 R-6267-000-0240-1 McDaniel Enterprises,Ltd. Mineola,Texas 75773 405 Hwy. 78 S. 40 Abst 820 Tract 22 R-2820-000-0220-1 Super C-Store Corp. Wylie,Texas 75098 6400 Texoma Pkwy. 41 Abst 820 Tract 20 R-2820-000-0200-1 Wylie Auto Parts,Inc. Sherman,Texas 75090 P.O.Box 2345 42 Abst 820 Tract 14 R-2820-000-0190-1 Mary Hughes Rowlett,Texas 75030 . P.O.Box 2345 43 Abst 820 Tract 19 R-2820-000-0190.1 Mary Hughes Rowlett,Texas 75030 409 Hwy. 78 S. 44 Abst 820 Tract 50 R-2820-000-0500-1 Jimmy Smith Wylie,Texas 75098 6301 Tralisw000d Drive • 45 Abst 820 Tract 12 R-6820-000-0120-1 Bachon Investments,Ltd. 33 Plano,0 Commer e5024 Rustic Oaks#4 46 Bik M Lot 1 R-2207-00M-0010-1 Westdale Rustic Oaks Ltd. Dallas,Texas 75226 Moussa Switzer 1601 N.Central Expwy 47 --- Lot 1 R-2384-000-0010-1 Switzer Family Ltd Partnership Plano,Texas 75086 Moussa Switzer McDonald's Corporation 200 S.Westgate Way 48 " Lot 2A R-2384-000-002A-1 c/o Merill Young Wylie,Texas 75098 Moussa Switzer 19 Santa Marla Circle 49 --- Lot 2BR R-2384-000-02BR-1 Baron Cook Wylie,Texas 75098 Moussa Switzer Ransom Management,Inc. 10120 Monroe Drive 50 --- Lot 3R R-2384-000-003R-1 c/o Curtis Ransom Dallas,Texas 75229 Moussa Switzer 409 Hwy. 78 S. 51 --- Lot 4 R-2384-000-0040-1 Jimmy Smith Wylie,Texas 75098 Martinez#1 2121 Quail Run Road 52 Blk A Lot 1 R-2590-00A-0010-1 Henry Martinez Wylie,Texas 75098 Martinez#2 2121 Quail Run Road 53 Blk A Lot 2 R-2570-00A-0020-1 Henry Martinez Wylie,Texas 75098 Martinez#3 907 E.Stone Road 54 Blk A Lot 6 R-4620-00A-0060-1 Charles Harrison Wylie,Texas 75098 Texas Dept.of Transportation P.O.Box 90 55 S.H. 78 Attn: Bill Lovii,P.E. McKinney,Texas 75069 56 100 0 10mom.o 200 9oa 122 r/I S ___ Scale 1" = 100' CnG1 (22 ti (3- I %. s / -firsen,Ali 21 6$' t toile91 1,66 •94' POINT _266 / to BEGINNING \ 11 88•22 2e" a eie.er _Q - - _ suer .sow D.A.R.T. (100' R.O. P.) \a. "� -00T0°" r \ R.�vf� -I �: L. Dm-e /ad I Kth OS r�a��' Ib,U iw Duty ago ? ilgo-o'-1 \ w� ,� R''�4�� R'�i -1 600 �d 63°e¢adn toy \ `� ,,/ G 0 00 ° v 0 11 10 \ (�sM;� Ma INDUSTRIAL PARE n AiS3.01 0,4 nA. fl//0,07 Mow w . e / I 1j p � o��o-� off°" O( 0 o�° �,ow'�` +°' • 0110-r R.pEo-N1�•ooryA �cooPER DRIVE (60' B.o.�r.) �:g° °° 1� I 10R \ ,i, gas,,,,,),. .5 <�1{X�nG • VOL e, PGn'6e l"r• ftiC. fie_ n .� N D6- \ JCM P� no' 1504 tree 2osoz.A Perri 5G►K"' N w \ Pos(1.f300 e' APIsrTAVi5�'•lA 4 00�. Ge.Catael( 101 105 "', R-//g0-ODr N 0 fo-I 1 e a ou o frrD¢ni,c� �. ' a 00E0-I \N / Sul- J ISDN R-' Wq!I &tov? Dv/- f / it J :bw OW 0010 Nwcl�8/J. NI Bi 1.0 R-/,gp.00l-Doro-/ I gii at�`'.� , sir.. Lr 5�00_`l2ly ,e-iifo oo/-ooSD-r / ,1,1 30' -�$2U o o FAVC VC Ol �: 1or><>�. LSI 78 CornrJt L ' S•��" �N, Up gX i3o °.°"�.' 000 Wef.Coo 5# ,0 0 4' `o OFF P r 1 v �ir 10 X 0C26 I 7AnDmu 41 7 70 21 %C \� \/a o+ gyp. 0 I ill CALL N, SLIDE 1- \art,/ i,� - till !TA AmijZ A ) i!1) .0 tab / Gall,K o. . .1t( F.M. HIGHWAY NO. 544 (120' R.O.WS / N ee117'66" t 761.ee' 2/O S•ehc OfR_7�.f aun u �j'okticva; '`"('1i K7r7169 woofw;kd 'W2-o-o(,n-0c6U6-r PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-20. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-20. • Date,Location&Time of Planning&Zoning Commission meeting: Wednesday,January 2, 2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 8,2002, 6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: g�L,i�'7/d ,& [`c�>eV (please/print) Address: Signature: • • Date: — O/ COMMENTS: 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,ZONING CASE NUMBER 2001-20, TO COMMERCIAL CORRIDOR (CC) DISTRICT CLASSIFICATION; PROVIDING FOR 1'Hl;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 Commercial Corridor (CC) 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 , 2002. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Property Description ZC #2001-20 Being a tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas and being the same property as conveyed to the City of Wylie by deed recorded in Volume 279, Page 511, Deed Records, Collin County, Texas, being the same property as conveyed to Gary E. Bowland, Charlotte A. Bowland, Martin L. Anderson and Susan M. Anderson by deed recorded under County Clerk's File Number 99-0048505, Deed Records, Collin County, Texas, being the same property as conveyed to Universal Transformer Co. by deed recorded in Volume 594, Page 111 and Volume 724, Page 29, Deed Records, Collin County, Texas, being the same property as conveyed to Ronald C. Dow by deed recorded in Volume 1806, Page 902, Deed Records, Collin County, Texas, being the same property as conveyed to Wylie Economic Development Corporation by deed recorded in Volume 4572, Page 3563, Deed Records, Collin County, Texas, being all of Lot 1 and Lot 2, Block A, of Walgreens - Wylie Addition, an Addition to the City of Wylie, according to the plat thereof recorded in Cabinet N, Slide 378, Map Records, Collin County, Texas, being all of Wylie Industrial Park, an Addition to the City of Wylie, according to the plat thereof recorded in Volume 8, Page 55, Map Records, Collin County, Texas, being part of a tract of land conveyed to Collin County by deed recorded in Volume 4980, Page 2156, Deed Records, Collin County, Texas, being part of D.A.R.T. R.O.W. (100' R.O.W.), being part of old State Highway No. 78 R.O.W. (120' R.O.W.) and being part of F.M. Highway No. 544 R.O.W. (120' R.O.W.) and being more particularly described as follows: Beginning at a point in the centerline of D.A.R.T. R.O.W. (100' R.O.W.) and being North 03°22'41" East, a distance of 50.18 feet from the northwest corner of said City of Wylie tract; Thence, North 88°28'25" East, along the centerline of said D.A.R.T. R.O.W. and parallel to the north line of said City of Wylie tract and the north line of said Wylie Industrial Park, a distance of 816.61 feet to a point for the beginning of a curve to the left having a central angle of 21°52'42", a radius of 1,489.87 feet and a chord which bears North 77°32'04" East, a distance of 565.46 feet; Thence, northeasterly, along the centerline of said D.A.R.T. R.O.W. and parallel to the north line of said City of Wylie tract, the north line of said Wylie Industrial Park and the northerly line of said Wylie Economic Development Corporation tract, an arc distance of 568.91 feet to a point for corner, said point being North 19°16'25" West, a distance of 50.13 feet from the north corner of said Wylie Economic Development Corporation tract; Thence, South 19°16'25" East, along the easterly line of said Wylie Economic Development Corporation tract and the westerly line of a tract of land conveyed to Mary G. Hughes by deed recorded under County Clerk's File Number 97-0076894, Deed Records, Collin County, Texas, a distance of 513.92 feet to a point in the old centerline of State Highway No. 78 (old 120' R.O.W.); Thence, South 51°44'46" West, (Basis of Bearings - Volume 4980, Page 2156) along the old centerline of State Highway No. 78 (old 120' R.O.W.) and parallel to the southeasterly line of said Wylie Economic Development Corporation tract and the southeasterly line of said Lot 2, Block A, of Walgreens - Wylie Addition, a distance of 1,075.89 feet to the intersection of the old centerline of State Highway No. 78 (old 120' R.O.W.) and the centerline of F.M. Highway No. 544 (120'R.O.W.); Thence, North 88°37'55" West, along the centerline of F.M. Highway No. 544 (120' R.O.W.) and parallel to the south line of said Lot 1, Block A, of Walgreens - Wylie Addition and the south line of said Gary E. Bowland, Charlotte A. Bowland, Martin L. Anderson and Susan M. Anderson tract, a distance of 751.83 feet to a point for corner; Thence, North 03°22'41" East, along the west line of said City of Wylie tract, a distance of 991.21 feet to the Point of Beginning and containing 1,318,930 square feet or 30.278 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. io. January 8, 2002 Issue Consider and Act Upon an Ordinance annexing all of a certain 68.11 acre tract of land out of the Guadalupe De Los Santos Survey, Abstract No. 1384, Dallas County, Texas; and generally located on Pleasant Valley Road. Background A request for voluntary annexation has been submitted by the owner of the property, the Southwest Medical Foundation. The property is located directly north of the new wastewater treatment plant. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. In accordance with State Law, proper notice and public hearings were conducted according to the following schedule: Notice published for Public Hearings November 21, 2001 First Public Hearing December 10, 2001 Second Public Hearing December 11, 2001 Adoption of Ordinance January 8, 2002 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Area Map <, Prepared Review by inance City Man pproval Ordinance No. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING A 68.11 ACRE TRACT OF LAND OUT OF THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384, DALLAS COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 8th day of January, 2002. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary Exhibit "A" Being a tract of land located on Pleasant Valley Road in Dallas County, Texas out of the Guadalupe De Los Santos Survey, Abstract No. 1384, and being parts of Lots No. 1 and 2 of the partition of the Estate of Josiah Stone among his children and being part of a 154.31 acre tract and a 1.01 acre tract conveyed to B.B. Owen and H.A. Walker by deed dated July 30, 1960 and filed for record August 5, 1960 in the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at an iron stake on the Northwest R.O.W. of Pleasant Valley Road at the intersection of said Northwest R.O. W. of said road with the Northeast line of said 154.31 Owen-Walker tract, said point being the North corner of a 3.83 acre tract conveyed to the County of Dallas for road R.O.W. by deed dated February 7, 1969; THENCE Southwesterly with the new R.O.W. of Pleasant Valley Road as follows: South 45 deg. 50' West 781.11 feet; South 43 deg. 33' West 1,100.58 feet; South 45 deg. 39' West 62.30 feet to an iron stake set in said R.O.W. for corner; THENCE North 45 deg. 49' 34" West across said 154.31 acre Owen-Walker tract, 1,540.58 feet to an iron stake set in an old fence line for corner; THENCE North 44 deg. 53' East with said old fence line and the Northwest line of said Owen-Walker 154.31 acre tract 1,944 feet to an iron stake for corner set at the base of a corner post for corner, said point being the North corner of said Owen-Walker tract; THENCE South 45 deg. 49' East with said old fence line and Northeast line of said Owen-Walker tract, 1,528.76 feet to the Place of Beginning and containing 68.11 acres of land. Exhibit "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 68.11 acres SURVEY, ABSTRACT & COUNTY: Guadalupe De Los Santos Survey, Abstract No. 1384, Dallas County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. ., r ; r s N.. r .,i. dam? • 2ilk' ,,q� i 'seed 't y. 1 tt ' �a„ds `0' g K x• �. • .. ����, 15 z �` hd �'.� " 4. - Pd N. �3 2 d R `fi r sCltki ', t x' c /'b SITE . *, }., . 1. . `,.%,-.1tok.-". '„,:lri-: -- )00* - ,- : Y M14 3+,, .+ ' S - ' e of Aft. 3> ., "�n ' . -�$ a ''''.4.7,?*- — '.4.., of fix - 4 „rr t . ` ' ' ' ..- ...,_ *7 4 ,� x ' 4,4 4. - , „, _..,„.. , _,.• . .., __Eitoki..,.....::.i%.*„... _ , .,. . c . litpr, AorN SCALE 1" = 1,000' EXHIBIT B