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11-12-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, November 12, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken PRE SE T, `R.OSS s ::: .ANO ... ......... .. ..... ......... mm ...... • Recognition of Star Students for demonstrating the character trait of Respect • Presentation of Student Government Day proclamation • Presentation of Reach for a Star Program and Invitation to Council A. Approval of the minutes from the regular City Council Meeting of October 8 and October 22, 2002. B. Consider and act upon a reimbursement agreement with Twin Lakes LP for a portion of the construction of Alanis Blvd within Phase IV of the Twin Lakes Subdivision. C. Consider and act upon a Final Plat for the ME-N-U Estates Addition, generally located southwest of Pleasant Valley Road and east of South Ballard Avenue, being all of a certain 5.001 acre tract of land conveyed to Darcy Wyler as recorded in Volume 5096, Page 1491, Deed Records of Collin County, Texas, being situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, Dallas County, Texas and Abstract No. 1100, Collin County, Texas, within the Extraterritorial Jurisdiction of the City of Wylie,Texas. D. Consider and act upon a Final Plat for the Southplace Estates Phase V Addition, generally located east of Ballard Avenue and south of FM 544 and east of the existing Southplace Estates Phase IV Addition,as described in a deed to Wylie Southplace L.P.,being part of a certain 48.56 acre tract as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. E. Consider and act upon a Final Plat for the Southplace Estates Phase VI Addition, generally located east of Ballard Avenue and south of FM 544 and south of the existing Southplace Estates Phase I Addition, as described in a deed to Wylie Southplace L.P., being part of a certain 48.56 acre tract as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. F. Consider and act upon a Final Plat for the Railroad Industrial Park Addition, 1'` Revision, generally located west of Birmingham Street and north of State Highway 78, being all of a 0.397 acre tract of land, including a replat of Lot 3 in order to incorp&.ate a 0.123 acre tract of land conveyed to Robert W. Heath, Dorothy Heath, Dick O. Sharman and Carolyn Sharman as recorded in Collin County Clerk's File No. 02-0151549, situated in the S.B. Shelby Survey, Abstract No.820,City of Wylie,Collin County,Texas. 1. Hold the second of two Public Hearings for the annexation of a 48.643 tract of land out of the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and generally located north of the proposed extension of Park Blvd and west of Parker Road. Executive Summary This annexation is at the request of the Wylie Independent School Distric'.for the new junior high/intermediate school property. The property was previously within the jurisdiction of St.Paul and was released by their Council. Should the City Council approve the proposed annexation,the property will be zoned as A(Agricultural).The current property tax rate for the City of Wylie is.715 per$100 of valuation.This is the second of two public hearings. 2. Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial (CC) District to Multi-Family Residential (MF1 District, generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning Case 2002-14) Executive Summary The applicant is requesting rezoning of the subject property from Corridor Commercial(CC)District to Multi-Family Residential(MF)District. At the October 15,2002 Planning and Zoning Commission meeting,the Commission voted 3-2 to recommend denial of this zoning change because the non-residential uses of the current Corridor Commercial zoning is more compatible with the adjacent railroad operations than are the requested residential use. Due to the recommendation of denial by the Planning and Zoning Commission,approval by the City Council will require a three- fourths(3/4)affirmative vote by the Council. 3. Hold a Public Hearing to consider and act upon a change in zoning from Multi-Family Residential (MF) District to Corridor Commercial (CC) District, being all of a certain 13.569 acre tract of land generally located north of State Highway 78 and east of Spring Creek Parkway, and being a part of a 286.398 acre tract of land as described in a deed to Centennial Arapaho Development Venture as recorded in Volume 2358, Page 673 of the Deed Records of Collin County, Texas and being situated in the Francisco De La Pina Survey,Abstract No. 688 in the City of Wylie, Collin County, Texas. (Zoning Case 2002-15) Executive Summary The applicant is requesting rezoning of the subject property from Multi-Family Residential(MF)District to Corridor Commercial (CC) District. At the October 15, 2002 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this zoning change. 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, those exceptions will be specifically 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 wwv-w.ci.w'ylie.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, October 8, 2002 — 6:0 0 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TOOK :-,6 O2 per. 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,and Barbara Salinas,City Secretary. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Hogue was asked to provide the Invocation and Councilman Worley was asked to lead the Pledge of Allegiance. PRESENTATIONS&PROCLAMATIONS The Mayor and Mayor Pro Tem recognized the WISD Character Education Star Students for exhibiting the character trait of`Responsibility'. CITIZENS PARTICIPATION None. CONSENT AGENDA A. Consider and act upon a Replat for Lots 1R and 2R of Block 34 of the Railroad Addition,being a replat of Lots 1, 2, 3,4, 5, 6 and 7 of Block 34 of the Railroad Addition,and being situated in the S.B. Shelby Survey, Abstract No. 820,City of Wylie,Collin County,Texas. B. Consider and act upon a Final Plat for the Woodbridge Phase 6 Addition, being situated in the Richard Newman Survey,Abstract No. 1072,City of Sachse and City of Wylie,Dallas County,Texas. C. Consider and act upon a Final Plat for the Woodbridge Phase 7B Addition, being situated in the Richard Newman Survey,Abstract No. 1072,City of Sarhse and City of Wylie,Dallas County,Texas. Councilman Scott made a motion to approve Consent Agenda Items A,B,and C. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. INDIVIDUAL CONSIDERATION Tabled Items 1. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 8.5/17)to Planned Development (PD)for Single-Family Residential, generally located east of Ballard Avenue and east of the existing Southplace Estates Phase IV Addition,being a portion of a 48.516 acre tract,as described in County Clerk's File No.95-0018290 of the Deed Records of Collin County,Texas, and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. (Zoning Case 2002-08). Councilman Hogue made a motion to remove Item No. 1 from the table. Minutes—October 8,2002 Wylie City Council Page 1 Mr. Thompson addressed this item providing Council a brief background on the request. He stated that discussion of this item was tabled and the public hearing continued from the September 24th Council meeting in order to allow the applicant to consider certain amendments recommended by the Council. The applicant is requesting rezoning of the subject 12.754 acres to Planned Development(PD)District in order to continue development of the Southplace Estates single-family residential neighborhood in a manner comparable to the existing development. With adoption of the new City-wide Zoning Ordinance and Map in February of 2002, the subject property was rezoned from Single Family-2 Residential to Single-Family 8.5/17 Residential. Both the SF-2 and SF 8.5/17 Districts require a minimum lot size of 8,500,but dwelling size and other regulations differ. Staff is recommending approval of the requested rezoning The Mayor opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request,please come forward, state their name and address and limit their comments to three minutes. With no response,the Mayor then closed the Public Hearing Councilman Worley made a motion to approve the request for the change in zoning from Single-Family Residential (SF-8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and east of the existing Southplace Estates Phase IV Addition,being a portion of a 48.516 acre tract,as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County,Texas,and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 2. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 8.5/17) and Neighborhood Services(NS) to Planned Development(PD)for Single-Family Residential, generally located east of Ballard Avenue and south of the existing Southplace Estates Phase I Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No.95-0018290 of the Deed Records of Collin County, Texas, and being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. Mr.Thompson addressed this item providing Council a brief background on the request. He stated that discussion of this item was tabled and the public hearing continued from the September 24th Council meeting The applicant is requesting rezoning of 10.129 acres to Planned Development(PD)District in order to serve as the new entry and expand the Southplace Estates single-family residential neighborhood in a manner comparable to existing development. Staff is recommending approval of the requested rezoning The Mayor opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request,please come forward, state their name and address and limit their comments to three minutes. With no response,the Mayor then closed the Public Hearing Councilman Worley made a motion to approve the request for the change in zoning from Single-Family Residential (SF-8.5/17) and Neighborhood Services (NS) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and south of the existing Southplace Estates Phase I Addition,being a portion of a 48.516 acre tract,as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, and being all of a certain 10,129 acre tract of land situated in the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 3. Consider and act upon approval of an Ordinance releasing approximately 14.78 acres of land from the Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County,being located northeast of the Troy Road intersection with Vinson Road, being situated within the L. B. Outlaw Survey,Abstract No. 173,Rockwall County,Texas. Mr. Clandp Thompson addressed this item. He advised that the applicant could not be present this evening and asked that the item be tabled until the next regular meeting of October 22, 2002, Mr. Thompson stated that Council could discuss and take action on the request,or they could table the item. Councilwoman Allen made a motion to table the item to the next regular meeting of October 22, 2002. Councilman Scott seconded the motion. A vote was taken and the motion was approved,7-0. Minutes-October 8,2002 Wylie City Council Page 2 4. Consider and act upon approval of an Ordinance abandoning the alley right-of-way within Block 9 of the Railroad Addition, being the segment running north-to-south between Second and Third Streets and located between Marble and Jefferson Streets. Mr. Claude Thompson addressed this item providing Council with a brief background on the request. He stated that the applicant,Mr. Keith Anderson(through his agent Jerry DeFeo)has requested that the City abandon that segment of the alley that lies between Second and Third Streets and extends between Marble and Jefferson Streets. The segment of this abandonment is 20 feet wide and 300 feet long,containing 6,000 square feet. The alley is unimproved,but serves as the location of private gas, electric and telephone lines. These utilities will remain in place but will be located within easements through replatting of the adjacent properties. Owners of all properties abutting the subject alley have indicated agreement with the abandonment as well as their potential interest in the purchase of, at fair market value, that portion of the alley that abuts their parcels. The City has acquired the services of Right-of-Way Acquisition Consultants to conduct an appraisal of the property and establish its fair market value. Although the appraisal is not yet completed,recent similar appraisals have concluded the value of similar alleys to range from $5.75 to $8.50 per square foot. The cost of the appraisal will also be paid proportionately by those purchasing the abandoned right-of-way. Councilman Trout made a motion to approve the Ordinance abandoning the alley right-of-way within Block 9 of the Railroad Addition,being the segment running north-to-south between Second and Third Streets and located between Marble and Jefferson Streets. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 5. Consider and act upon approval of an ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details. Ms.Mindy Manson,Assistant City Manager addressed this item providing Council with a brief background on the request He stated that new manuals for the design of storm drainage, water and sanitary sewer lines and thoroughfares were adopted on January 22,2002. The proposed ordinance will allow the manual to be amended to ensure compliance.Changes include increases to the paving standards for residential right-of-way and parking stall dimensions. There was considerable discussion regarding the Standard Parking Space Dimensions. Councilman Trout made a motion to approve the ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details,with the exception of the proposed changes to Standard parking Space Dimensions. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYL1R CHARTER,ART]cLE i i i,SECHON 13-D ADJOURNMENT With no further business to come before the Council,the meeting was adjourned at 6:34 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes-October 8,2002 Wylie City Couna7 Page 3 MINUTES Wylie City Council Tuesday, October 22, 2002 — 6:0 0 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present: Mayor John Mondy, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Councilman Joel Scott was absent. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director,and Barbara Salinas,City Secretary. INVOCATION&EDGE OF ALLEGIANCE Mark Forrest,Murphy Road Baptist Church was present to provide the Invocation. Councilman Worley was asked to lead the Pledge of Allegiance. CITIZENS PARTICIPATION None. CONSENT AGENDA A. Approval of the minutes from the September 24,2002 Regular City Council Meeting. B. Consider and act upon a Final Plat for the American National Bank Addition,generally located south of State Highway 78 and west of Birmingham Street, being all of a certain 2.517 acre tract of land, described in a deed to American National Bank as recorded in Collin County Clerk's File No. 93- 0077335,and being part of Lot 1 and all of Lots 2,3,4,5,and 6,Block 5 of the Calloway Addition,and being certain tracts of land conveyed to Wylie Independent School District by deeds recorded in Volume 333,Page 48,Volume 335,Page 118,Volume 337,Page 17,Volume 337,Page 19,Volume 337, Page 21 and Volume 333,Page 160,of the Deed Records of Collin County,Texas,and being situated in the S.B.Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Wylie High School Addition,generally located south of F.M. 544 and east of Country Club Road, being all of a certain 158.407 acre tract of land, Lot 1 being a 78.341 acre tract as described in deeds to the Wylie Independent School District as recorded in Collin County Clerk's File Nos.95-0012336 and 95-0042766,and Lot 2 being a 80.066 acre tract as described in a deed to the City of Wylie as recorded in Collin County Clerk's File No. 95-0012334, and being situated in the I. Clifton Survey, Abstract No. 193, the J.W. Curtis Survey,Abstract No. 196,the M. Milliron Survey, Abstract No. 563, and the D. Strickland Survey, Abstract No. 841, City of Wylie, Collin County,Texas. Councilman Hogue made a motion to approve Consent Agenda Items A,B and C. Councilman Trout seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Scott was absent. INDIVIDUAL CONSIDERATION Tabled Item 1. Consider and act upon approval of an Ordinance releasing approximately 14.78 acres of land from the Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County,being located northeast of the Troy Road intersection with Vinson Road, being situated within the L. B. Outlaw Survey,Abstract No. 173,Rockwall County,Texas. Minutes-October 22,2002 Wylie City Council Page 1 Councilman Trout made a motion to remove Item 1 from the Table. Mr. Thompson addressed this item providing Council with a background on the request. He stated that the item was tabled at the October 8, 2002 City Council Meeting. The subject property is the northwestern portion of a larger 19.456 acre tract which is currently located entirely within unincorporated Rockwall County, but is also within the Extraterritorial Jurisdiction of three separate municipalities. The subject 14.78-acre tract abuts the City of Wylie corporate limits within Troy Road and is within Wylie's Extraterritorial Jurisdiction, and is therefore subject to the platting regulations of the City of Wylie. The eastern 3.3 acre portion of the property,fronting on to the City of Dallas and Lake Ray Hubbard shoreline,is within the City of Rowlett Extraterritorial Jurisdiction,and subject to the Rowlett platting regulations. A 1.3 acre strip, a 100 feet wide utility easement dissecting the property diagonally from southwest to northeast, lies within the City of Garland corporate limits and is occupied by the Garland Power and Light (now TIT Electric) electric transmission lines and is otherwise undevelopable. The current and prospective future owners desire to develop the total 19.456 acres for single-family residential uses and according to the regulations of a single governmental jurisdiction rather than the current three differing jurisdictions and regulation. Initially desiring to annex the entire 19,456 acre tract into the City of Wylie for such common development control,the owners sought release to Wylie's jurisdiction of those portions within Garland and Rowlett control and both Garland and Rowlett have agreed to release their respective jurisdictions. However, development potential is very limited within the GP&L(TU E)electric transmission line and this easement cannot be relocated. Property owners have now requested that the City of Wylie release the 14.78acres from its Exterritorial Jurisdiction so that the entire 19.456 acres can be consolidated under the regulatory jurisdiction of Rockwall County. The City of Wylie collects no tax revenues or service charges from the subject property,and no such revenue is available to the City unless and until the property is annexed in to the City. Mr.Thompson asked for policy direction from the Council. Mr. Phil King, 6032 Ridgewater, Dallas Texas was present to address questions and concerns of Council. Mr. King stated that he has had this property for approximately one and one half years and asked Council to look at the request on the merits of hardship of development. He stated that if he remains in Wylie, he has concerns with Wylie services and asked that we consider disincorporation to allow development. He explained the hardship as non-provision of utilities. Staff advised that services could be provided within the five-year window. The Mayor then questioned the issue as perhaps with Rowlett rather than the City of Wylie if Rowlett is willing to relinquish and Garland is willing to move the line. The applicant requested that the Council table the request to allow a future presentation of the vision for the entire property. The Council agreed that they would prefer to have confirmation from the City of Rowlett before taking any action on this item. Councilman Young made a motion to table Item No. 1 to the first regular meeting in January, 2003, with the stipulation that documentation is provided from the City of Rowlett. Councilman Trout seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Scott was absent. 2. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire,by purchase or condemnation,certain property;giving notice of an official determination to acquire property for the Rush Creek force main project; establishing procedures for the acquisition,by purchase or condemnation,of property. Ms. Manson addressed this item providing a brief background on the intent of the Resolution. She stated that the construction on the Rush Creek force main project would begin in the next few weeks.The City has been unable to acquire one of the easements necessary for construction. The easement is adjacent to the Rush Creek lift station and located on property owned by Boman Land Partners,Ltd. The resolution will authorize the City Manager to proceed with condemnation if necessary to acquire the easement in order to move forward with the project. Minutes-October 22,2002 Wylie City Couna7 Page 2 Councilman Trout made a motion to approve the Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property, giving notice of an official determination to acquire property for the Rush Creek force main project; establishing procedures for the acquisition, by purchase or condemnation, of property. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Scott was absent. 3. Consider and act upon approval of an Ordinance establishing water-zoning regulations for the area of Lake Lavon within the corporate limits of Wylie. Police Chief Jeff Butters addressed this item. The purpose of this ordinance is to adopt the federal water zoning regulations established by the Water Safety Act. These water-zoning regulations are already in effect on Lake Lavon and are enforced by the Army Corp of Engineers.The Regional Texas Parks and Wildlife Commander has requested that the City of Wylie adopt these water-zoning regulations so that Texas Parks and Wildlife Officers can enforce the regulations as well. Because these are Federal Regulations the State officers must have the Local Governing Body adopt the regulations before they can enforce them. Collin County has adopted the water zoning regulations for the areas of Lake Lavon that are not in the City of Wylie. Councilman Trout made a motion to approve the Ordinance establishing water-zoning regulations for the area of Lake Lavon within the corporate limits of Wylie. Councilman Worley seconded the motion. A vote as taken and the motion was approved,6-0. Councilman Scott was absent. READING� [F ORDINANCES TITLECAPTION APPROVED B"Y COOUNCW AS BY " IE CHARIER,ARTICLET i, 3 -B, ADJ N With no OURN further business to come before the Council,the meeting was adjourned at 6:26 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes—Ottalwr 22,2002 Wylie City Cound i Page 3 WYLIE CITY COUNCIL AGENDA ITEM NO. . November 12, 2002 Issue Consider and act upon a reimbursement agreement with Twin Lakes LP for a portion of the construction of Alanis Blvd within Phase IV of the Twin Lakes Subdivision. Background Prior to a September 2001 amendment, the Subdivision Regulations contained a provision stating that the City shall reimburse the property owner or developer for 100% of certain costs, one of which was listed as the cost of paving thoroughfares for the portion of the width of pavement exceeding 18 1/2 feet per side for divided thoroughfares. The regulations identified the procedures to be followed for participation, including the submittal of as-built drawings, the bids for construction, and final payments with quantities and unit costs. In September 2001, the portion of the Subdivision Regulations dealing with City participation and reimbursement was deleted; however, the developer of the property in the Twin Lakes subdivision, Twin Lakes LP, initiated the reimbursement process prior to that date. The request is for the portion of Alanis Boulevard located within Phase IV of the subdivision. Other Considerations N/A Financial Consideration The total cost of construction for the street was $258,208.10, with the City's portion being $59,989.15. Section 6.04. C. of the Subdivision Regulations,prior to amendment, stated: Requests exceeding funds available shall be scheduled for payment as a part of the next year's Capital Improvements Program, subject to available funding. However, all oversize participation shall be refunded no later than five years following the date of final acceptance of the public infrastructure improvements. Phase IV of Twin Lakes was accepted by the City in December 2001. Reimbursement will be budgeted within Fiscal 2003/04. Board/Commission Recommendations N/A Staff Recommendations Staff has reviewed the documentation provided by the developer and found it to be accurate. The City Attorney has also reviewed the document and found it to be satisfactory. Attachments Development Reimbursement Agreement 11‘4M:144 Prepared a.lL• R e y Finan a City Mana er proval DEVELOPMENT REIMBURSEMENT AGREEMENT THIS DEVELOPMENT REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into as of this day of , by and between Twin Lake LP, a Texas limited partnership (the "Developer"), and the City of Wylie, Texas ("Wylie"), and on the terms and conditions hereinafter set forth. WHEREAS, the Developer owns approximately 32.782 acres of land situated in the Allen Attenbury Survey, Abstract No. 23 in the City of Wylie, Collin County, Texas; and as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. WHEREAS, the Developer is required to construct a four (4) lane divided thoroughfare and related improvements in accordance with the City of Wylie Subdivision Regulations Ordinance No. 93-33 as amended (the "Subdivision Regulations") as more particularly depicted on Exhibit"B", attached hereto and incorporated herein for all purposes (the "Project); and WHEREAS, the Developer desires to obtain reimbursement of its costs of a portion of the project by the payment of such costs as more fully set forth herein; and WHEREAS, Wylie desires to reimburse the Developer a portion of the costs of the Project as more fully set forth herein. NOW THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Developer and Wylie agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is approximately 32.782 acres of land and more particularly described in Exhibit "A" (previously defined as a portion of the "Twin Lakes Property") 2. Project Construction Costs. Developer will pay for all construction costs of the Project, which include but are not limited to: (i) subgrade preparation; (ii) lime stabilization; (iii) 8" concrete pavement; and (iv) engineering, surveying and inspection fees related to the construction of the thoroughfare (collectively, the "Project Costs"). 3. Project Costs. The total Actual Project Costs are $258,208.10 and a line item listing of each cost is set forth on Exhibit "C" attached hereto and incorporated herein for all purposes, and Wylie agrees to pay a portion of the Actual Project Costs or $59,989.15, ("Wylie's portion of the Actual Project Costs") and a line item listing of each cost is set forth on Exhibit "D" attached hereto and incorporated herein for all purposes. Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 1 4. Reimbursement of Project Costs. Upon completion by Developer of the Project and its final acceptance by Wylie, Developer will receive payment in the amount of Wylie's portion of Actual Project Costs. 5. Limitations of Agreement. The parties hereto acknowledge this Agreement is limited to the participation policies set forth in the Subdivision Regulations, which were created for, in certain circumstances, Wylie's participation in cost of improvements. This Agreement does not waive or limit any of the obligations of the Developer under any ordinance of Wylie, whether now existing or in the future arising. 6. Miscellaneous. a. Construction of the Project will be in accordance with the Ordinances of Wylie. b. Except as provided for in this Agreement, the parties agree that Developer shall be subject to all Ordinances of Wylie. c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. d. This Agreement shall be construed in accordance with the laws of the State of Texas shall be performable in Collin County, Texas. e. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. f. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. h. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives and successors. This Agreement is not assignable. Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 2 i. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. j. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. k. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 1. Nothing in this Agreement shall be implied to vest any rights in the parties except as are provided by statute, ordinance or as expressly provided in this Agreement. m. The parties agree that Wylie has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 7. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United State Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand- delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of this notice, the addresses of the parties shall be as follows: If to Developer: Twin Lakes LP Attn: Robert Betancur 720 South Kimball Avenue P.O. Box 92864 Southlake, Texas 76092 If to Wylie: Mr. Biff Johnson City Manager 2000 State Hwy 78 North Wylie, Texas 75098 Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 3 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. DEVELOPER: TWIN LAKES LP By: Zena Development Corporation Its General Partner Date: 2 cc-es Z_ By: i7,../Lif7‹...a..—t bert J. Bcur Vice President CITY OF WYLIE, TEXAS Date: By: Name: Title: Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 4 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Robert J. Betancur, Vice President of Zena Development Corporation, general partner for Twin Lakes LP and executed said instrument for the purposes and consideration therein�exx/pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A`�' day of I1 % '"•�'•�` , MICHELLE GOODGAMEViZeiffWQ) ••: MY COMMISSION EXPIRES Noy Public, State of Te s 4 i'jj July s,2005 • STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared of the City of Wylie and executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, State of Texas Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 5 Exhibit "A" • LEGAL DESCRIPTION (Twin Lakes - Phase IV) WHEREAS, TWIN LAKES LP, is the owner of a tract of land situated in the Allen Atterberry Survey, Abstract No.23, in the City of Wylie, Collin County, Texas, being part of that 40.000 acre tract, as described in Clerks File No: 00-0044367. and a 16.769 acre tract, as described in Clerks Fill No. 01-0095617, also being port a called Tract 1, as described in Clerks File No. 97-QQ44771, in the Deed Records of Collin County, Texas, being more particularly described as follows: BEGINNING, at a 1/2 inch iron rod fotjnd at the southeast corner of Twin Lakes Phase IN, an addition to the City of Wylie, as described in Volume id, Pages 348-349, in thePlot Records of Collin County, Texas and being in the eastIine of said Tract 1; THENCE, South 00.24'00" West, alon'g the east line of said Tract 1, passing a V2 loch iron rod found at 226.92 feet, being the interior eli:corner of said Tract 1, and continuing for a total distance of 384.01 feet, to a %2 inch iron rod net; THENCE, North 90.00'00" West, for o distance of 422.53 feet, to a l2 inch iron rod set; THENCE, South 00°00'00" West, for a distance of 53.33 feet, to a 1/2 inch iron rod set; THENCE, South 34'35'25" West, fora distance of 201.64 feet, to a 1/2 inch iron rod set at the point of curvature of a curve to the Ieft,'having a radius of 602.50 feet. a central angle of 08°55'13". and a tangent of 47.00 feet; THENCE, along said curve to the left for an arc distance of 93.80 feet (Chord Bearing South 30.07'49" East - 93.71 feet), to a 1/2 inch iron rad set at the point of tangency; THENCE, South 25. 40'12" West, for 9 distance of 544.98 feet, to a %2 inch iron rod set; THENCE, South 64°19'48" East, for a' distance of 207.98 feet, to a 'A inch iron rod est; THENCE, South 25.40'12" West, for a distance of 175.00 feet, to a 1/2 inch iron rod set in the south line of said Tract 1; THENCE, North 64' 19'48" West, along said south line, for a distance of 146.44 feet, to a I/2 inch iron rod found; THENCE, South 89. 53'41" West, continuing along said south line, for a distance of 103.49 feet. to a %2 inch iron rod found at the most eastern corner of Twin Lakes Phase I, an addition to the City of Wylie, as described in Volume G, Page 561. in said Plat Records; THENCE, North 64' 19'48" West, continuing along said south line and along the northeast line of said Twin Lakes Phase I, for a distance off` 625.51 feet, to. a 1/2 inch iron rod found; THENCE, North 59'24'14" West, continuing along said south and northeast lines, for a distance of 444.65 feet, to a %2 inch iron rod ;found; THENCE, North 46'47'22" West, continuing along said south and northeast lines, for a distance of 370.45 feet. to a 1/2 inch iron rod :found; THENCE, North 00.00'00" East, continuing along said south and northeast lines, for a distance of 126.36 feet, to a 1/2 inch iron rod found in the south line of Twin Lakes Phase A, on addition to the City of Wylie, as described in Volume: L, Pages 321-322, in said Plat Records; THENCE, North 90.00'00" West, along the south line of said Phase II, for a distance of 356.09 feet, to a %2 inch iron rod found at the point of curvature of a curve to the left, having a radius of 1000.0 feet, a central angle of 18'05'24", and a tangent of 159.19 feet; THENCE, along the south line of said Phase kl and along said curve to the left for an arc distance of 315.73 feet (Chord Bearing North 8Q°57'18" East - 314.42 feet), to a Y2 inch iron rod found at the Joint of reverse curvature of a curve to the right, having a radius of 1000.00 feet, a central angle of 18°05'24", and a tangent of 159.19 f¢et; (HENCE, continuing along the south line of said Phase II and with said curve to the right for an arc listance of 315.73 feet (Chord Bearing North 80.57'18" East - 314.42 feet), to a '2 tnch iron rod ound at the point of tanaencv: Exhibit "A" • (continued) THENCE, South 90°00'00" East, continuing with the south line of said Phase II, for a distance of 64.46 feet, to a 1/2 inch iron rod found at the most easterly southeast corner of said Phase II; THENCE, North 00.00'00" West, along the east line of said Phase II, for a disance of 352.50 feet, to a 1/2 inch iron rod found at the Most southerly southwest corner of said Twin Lakes Phase III; THENCE, South 90.00'00" East, depar:.ting the east tine of said Twin Lakes Phase Mond along the south line of said Phase III, for a distance of 1008.00 feet, to a /2 inch iron rod found: THENCE, North 00°00'00" West, continuing along said south line of Phase III, for a distance of 31.50 feet, to a 1/2 inch iron rod found; THENCE, South 90°00'00" East, continuing with the south line of said Phase III, for a distance of 113.59 feet, to the POINT OF BEGINNING and containing 32.782 acres of land. SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENT$ that I, WARREN L. CORWIN, do hereby certify that I prepared this Final Plat and the field 'notes from an actual and accurate survey of the land, that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the subdivison Regulations of the. City of Wylie, Texas. i o► • WARREN L.CO ' L ' • 4621 .. WARREN L. CORWIN +4, „!S4.ae R.P.L.S. No. 4621 suil‘ . - THE STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared WARREN L. CORWIN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed earns for the purpose and consideration therein expressed. Given under my hand and seal of office, this 0?- day of , 2002. !d do'w°,.c RUTH M.LUNDQUIST Public S of T •'e or"1`+.ti ' MY Comm.Exp.03-02-2006 NO Y PUBLI , STA OF TEXAS f" ---) Exhibit "B" • • SECIION 6 - PARTICIPATION AND ESCROW POLICIES . 6.01 Participation Policies • •. A. City's Share orImprovement Costs The City shall participate in the costs of public improvements which are not for the primary benefit of the development and which have been oversized to serve . developments other than for which the plant has been submitted for approval, only to the extent and according to the standards stated in this article and pursuant to the procedures herein set forth and only if an Improvement Agreement is entered into between the City and owner as provided in these regulations which conforms to the requirements of Section 252.021, .041, .042, .043, and .049 of the Local Government Code, as amended. . P. Owner's Responsibility: ' (1) The property owner shall be responsible for the eritire costs of designing and . installing all public improvements which primarily serve the subdivision or • addition. Facilities required by these regulations,unless listed in Section 6.2, shall be considered as primarily serving the subdivision or addition unless otherwise determined by the City. (2) The property owner shall also be responsible for its share of the costs of oversized • or off-site public improvements needed to assure adequacy of public facilities and services for the addition or subdivision,subject to participation and escrow policies . • contained in this article. . 3 The property owner shall be responsible for extending streets, water, sewer or drainage facilities off-site.to his property as required by the Cornmission and/or required to ensure adequacy of public facilities. • '(4) Should the subdivision or addition abut an existing water or sanitary sewer line the City a to installed by someone other than the City, the owner shall pay "Developers Liability" charge to be refunded to the original installer of the line,as prescribed in the Pro-Rata Ordinance of the City. • to provide a (5) Should a lift station, either temporary or permanent, be. necessary ow e shag • . sanitary sewer service to the subdivision or addition, the prop IE and when the ll • construct the station and all appurtenances, at his own exp ense.lift station is no longer needed, the installation will, unless otherpronsions are made, remain the property of the City of wy. for reuse or disposal. A "Developers Liability" charge for such lift stations and appurtenances may be established as prescribed in the Pro-Rata Ordinance of the City. r= 6.02 facilities Eligible for City Participation • The City shall participate in the costs of installing public improvements according to the following schedule: . A. The City shalt reimburse the property owner or developer for 100% of the following costs: 1) Costs of paving streets and thoroughfares for the portion of the width of pavement ( exceeding thirty-seven (37) feet for internal streets and eighteen and one-half (18.5) feet(per side) for divided thoroughfares. Costs includee d those e e pavement,Qor m the top lime stabilization and excavation to a depth equal to th f the curb to the top of stabilized subgrade for that width of street paving wider than thirty-seven (37) feet or eighteen and one-half(18.5) feet on each side in the case of a divided thoroughfare. (2) Paving costs for streets and thoroughfares for that portion of the require paving thickness exceeding eight (8) inches. (3) The costs of left-turn lanes and median openings on Type "D" or wider thoroughfares intersecting Type 'Ds or wider thoroughfares. (4) Costs of the portion of grade-separated intersections which require paving in excess of thirty-seven (37) feet in width (18.5 feet per side). • (5) Costs of installing conduit for street lights and traffic signals along Type "D" or wider thoroughfares. (6) A portion of the costs of all water or sanitary sewer pipelines larger than twelve (12) inches, subject to the provisions of the City's pro-rata ordinance. partici pation ation shall be based upon the difference in cost between a standard twelve p (12) inch diameter pipeline and the size pipeline actually installed, including for embedment, manholes, special fittings and other appurtenances complete sanitary sewer pipeline installation. -S1 B. The City shall reimburse the property owner or developer.`:)enty-five percent (25%) of the following costs: (1) Street crossings (bridges or culverts), for residential developments, with an • opening larger than that of a double seventy-two (72) inch pipe culvert he cost • of'the structure shall be based on a standard, basic culvert or bridge including rip-rap, if required by the City Engineer, for erosion control. (2) That portion of storm sewers,for residential developments,exceeding seventy-two (72) inches in diameter. (3) The costs of constructing a pilot channel lining, for residential developments, if • approved by the City Engineer pursuant to Section 5.5. - (4) Costs of constructing railroad crossings and signals, which are charged co b the Railroad Company. The remaining seventy-five percent (75 ) ofth6 intersection of shall be borne equally.by the owners of the four quadrants of he street and the railroad. C. The City shall reimburse the property owner or developer ten percent (10%) of the following costs: (1) Street crossings (bridges or culverts), for non-residential developmeentsrt. �e co ant opening largerthan that of a double seventy-two (72) pipe por bridge including • of the structure shall be based on a standard, basic culvet rip-rap, if needed, for_erosion control. • (2) That portion of storm sewers,for non-residential developments,exceeding double seventy-two (72) inches in diameter. (3) The costs of constructing a pilot channel lining,for non-residential developments, if approved by the City Engineer pursuant to Section 5.5. 6.03 Limitation and Exceptions Notwithstanding Section 6.2, the City shall not participate in the following costs: A. Those portio ns of the costs of any public improvements not expressly described in Section 6.2. B. Co sts of clearing and grubbing for streets and thoroughfares, and preparation of ROW. -52- C. Costs of constructing streets built wider than called for in' e Thoroughfare Plan. D. Costs of lights, decorative finishes or other similar expenses, unless required by the City Engineer. ' • E. Costs of pipe h regardless ardless of pipe size, or the costs of retentionldetenticin ponds • or slope protection, except rip-rap under a bridge. the City of F. When reimbursing the property owner or developer pursuant to this Section, o ,thefees,of Wylie shall pay a maximum of 6% of the City's participation costengineering which includes surveying, construction staking and supervision,and the City shall riot be responsible for any other incidental expenses or costs. 6.04 Procedures for City Participation • A. • Definitions For purposes of Section 6, the following terms shall have the following meanings: Conlipaus: The term "contiguous" shall mean that the reimbursable (1) improvements are within the boundaries of, or abutting the perimeter a , developed subdivision or addition. (2) n..Lt•in�nzd ivici Suhdn nr _dR Adaa: Property for which a final plat has been filed ulf for record in the county in which the property is located, and the p c improvements required by the City have been installed by the property have been accepted by the City. • B. A.p llication for Participation . In order to initiate a reimbursement request, the Owner must establish mabfront foot t oversize cost for the reimbursable public improvements. dedicated facilities shall include the to the Subdivider of cost of oversized Peelc request must include as-built drawings Subdivider's name and mailing addres s.o e reimbursable items, a copy of the Contractor's bid for construction, final showing a ent with quantities and unit costs,oversize calculations for all reimbursement items, PYQ' and a project location map. C. Precondition to Processing Request • ents are accepted by Participation requests will be processed after the public g wmell be processed in the order the City. Reimbursement requests for on-site o exceeding of their receipt and subject to City Council approval as appropriate. Requests -53- Exhibit "C" "Project Costs" Twin Lakes Ph IV, City of Wylie, Texas Paving Item Description Qty. Unit Cost/Unit Total Dev. 1 8"3500 psi Reinf. Conc. Pvmt. - Developer 9,225 SY $ 23.24 $ 214,389.00 2 7" Lime Stabilized Subgrade- Developer 9,914 SY $ 1.65 $ 16,358.10 3 Lime 38#/SY- Developer 189 TONS $ 93.00 $ 17,577.00 4 Install Type III Barricade- Developer 87 LF $ 30.00 $ 2,610.00 5 Concrete Street Header- Developer 193 LF $ 10.00 $ 1,930.00 6 Sawcut& Remove Existing C& G 346 LF $ 7.00 $ 2,422.00 7 Longitudinal Butt-Joint Connection 346 LF $ 7.00 $ 2,422.00 8 Connect to Existing Header. - Developer 50 EA $ 10.00 $ 500.00 )Totals I $ 258,208.10 I Zena Development Page 1 5/24/2002 Exhibit "D" "Project Costs" Twin Lakes Ph IV, City of Wylie, Texas Paving Item Description Qty. Unit Cost/Unit Iota! 1 8" 3500 psi Reinf. Conc. Pvmt. - City 2,165 SY $ 23.24 $ 50,314.60 2 Subgrade Preparation-City 2,831 SY $ 1.65 $ 4,671.15 3 Lime 38#/SY-City 53.8 TONS $ 93.00 $ 5,003.40 (Totals $ 59,989.15I Zena Development Page 1 5/24/2002 WYLIE CITY COUNCIL AGENDA ITEM NO. C . November 12, 2002 Issue Consider and act upon a Final Plat for the ME-N-U Estates Addition,generally located southwest of Pleasant Valley Road and east of South Ballard Avenue,being all of a certain 5.001 acre tract ofland conveyed to Darcy Wyler as recorded in Volume 5096,Page 1491,Deed Records of Collin County, Texas,being situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, Dallas County, Texas and Abstract No. 1100, Collin County, Texas, within the Extraterritorial Jurisdiction of the City of Wylie, Texas. Background The Final Plat for the ME-N-U Estates Addition totals 5.001 acres, and will create two rural residential lots as well as right-of-way for Pleasant Valley Road. Lot 1 is a 1.0 acre tract and Lot 2 is a 3.73 acre tract. This plat is located in both Dallas and Collin Counties but is also within the Extraterritorial Jurisdiction of the City of Wylie, and requires approval of all three jurisdictions in compliance with the Interlocal Government Agreement approved in March, 2002. 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 have been paid. Other Considerations 1. The Final Plat substantially conforms to the platting requirements of the State of Texas and of Dallas and Collin Counties, as well as with the Subdivision Regulations of the City of Wylie. 2. The Plat provides 40 feet of right-of-way for the dedication and future widening of Pleasant Valley Road. Pleasant Valley Road has never been purchased or dedicated and the abutting properties extend to the center of this roadway,secured as public domain by prescriptive use and public maintenance through the years. Board/Commission Recommendation At the October 15, 2002, Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat al17. Prepared by / evi w d by Financ City M ge proval VVYLIE CITY COUNCIL AGENDA ITEM NO. D. November 12, 2002 Issue Consider and act upon a Final Plat for the Southplace Estates Phase V Addition, generally located east of Ballard Avenue and south of FM 544 and east of the existing Southplace Estates Phase IV Addition,as described in a deed to Wylie Southplace L.P.,being part of a certain 48.56 acre tract as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County, Texas. Background The Final Plat for the Southplace Estates Phase V Addition includes 12.754 acres and will create 45 single-family residential lots. The rezoning of this property from Single Family-8.5/17 to Planned Development (PD 2002-08) District for Single-Family uses was approved by the City Council on October 8,2002. The Conditions ofthe PD establish a minimum lot size of 8,077 square feet with an average lot size of 9,437 square feet, and 82 percent of the total lots are required to exceed 8,500 square feet. The PD also allows street right-of-way to be a minimum of 50 feet,and the Plat reflects these requirements. This Plat also provides for a 15-foot open space link to the adjacent Community Park to the east. 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 have been paid. Planned Development conditions provide for the payment of fees in lieu of Parkland Dedication. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations The Final Plat substantially conforms to the approved Conditions ofthe Planned Development District and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Board/Commission Recommendation At the October 15, 2002, Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Revi d b Finan City Manager royal WYLIE CITY COUNCIL AGENDA ITEM NO. E.. November 12, 2002 Issue Consider and act upon a Final Plat for the Southplace Estates Phase VI Addition, generally located east of Ballard Avenue and south of FM 544 and south of the existing Southplace Estates Phase I Addition, as described in a deed to Wylie Southplace L.P.,being part of a certain 48.56 acre tract as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County, Texas. Background The Final Plat for the Southplace Estates Phase VI Addition includes 10.129 acres and will create 34 single-family residential lots. The rezoning of this property from Neighborhood Services(NS)and Single Family-8.5/17(SF-8.5)to Planned Development(PD 2002-09)District for Single-Family uses was approved by the City Council on October 8,2002.The Conditions of the PD establish a minimum lot size of 8,453 square feet and required that no more than one lot be less than 8,500 square feet. The PD also allows street right-of-way to be a minimum of 50 feet,and requires that Forest Drive be oversized to include a landscaped median and monument sign as the new entry to the Southplace Estates Additions. No alleys are provided, as allowed by the approved PD Conditions. 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 have been paid. Planned Development conditions provide for the payment of fees in lieu of Parkland Dedication. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations The Final Plat substantially conforms to the approved Conditions ofthe Planned Development District and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Board/Commission Recommendation At the October 15, 2002, Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by R ' ed by Finan City Manag proval WYLIE CITY COUNCIL AGENDA ITEM NO. F. November 12, 2002 Issue Consider and act upon a Final Plat for the Railroad Industrial Park Addition, 1st Revision, generally located west of Birmingham Street and north of State Highway 78,being all of a 0.397 acre tract of land,including a replat of Lot 3 in order to incorporate a 0.123 acre tract of land conveyed to Robert W. Heath, Dorothy Heath, Dick O. Sharman and Carolyn Sharman as recorded in Collin County Clerk's File No. 02-0151549, situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County, Texas. Background The Final Plat for the Railroad Industrial Park, 1st Revision will combine the existing Lot 3 with a 0.123-acre portion of the recently abandoned railroad right-of-way into a single lot. The property currently fronts only on Industrial Court and this plat will provide direct access to SH 78. The proposed expansion of the existing building will reorient the building to face SH 78. This Plat also provides for a common access easement to the adjoining property to the west, on which is planned a similar expansion and replat. 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 have been paid. Other Considerations 1. The Final Plat substantially conforms to the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. This property was developed with an east side yard of two (2) feet eight (8) inches under the Industrial District (I) standards of the previous Zoning Ordinance. It was rezoned to Corridor Commercial (CC) in February 2002, requiring a side yard of ten (10) feet. Under State Law a property loses the vested rights to previous zoning regulations when it is replatted, and the proposed building addition must therefore meet current codes. The applicant received variances from the Zoning Board of Adjustment on October 28, 2002 for a side yard setback of 2 feet- 8 inches and for the sign location setbacks. All other aspects of the new addition,parking lot and landscaping will meet current codes. Board/Commission Recommendation At the November 5,2002,Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by evi d y Finan City Mana pppoval WYLIE CITY COUNCIL AGENDA ITEM NO. I . November 12, 2002 Issue Hold the second of two Public Hearings for the annexation of a 48.643 tract of land out of the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and generally located north of the proposed extension of Park Blvd and west of Parker Road. Background This annexation is at the request of the Wylie Independent School District for the new junior high/mtermediate school property. The property was previously within the jurisdiction of St. Paul and was released by their Council. Should the City Council approve the proposed annexation,the property will be zoned as A(Agricultural). Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings October 30, 2002 First Public Hearing November 11, 2002 Second Public Hearing November 12, 2002 Adoption of Ordinance December 10, 2002 Financial Consideration The current property tax rate for the City of Wylie is .715 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 43.052 (h)(1) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan ..„tv Prepared b �,� evie d by Finance City Manage proval —� \ I I I I I I IFI I I I II II II II ��t 1 I�I; 11 _ _ 11111 11111 111 ii UM ■ .�T Il l AIll r ■ 01 co actinvoill1111. HA - Werre0114810...• lb jril ME WIPE11-t--r• -2'( I Numb km mil iitin _____ I jJIllllill .+1.,2.1.. a� �'ASIR • I- ' F 1, 11 __-__( 2 feu " ::1 _ s111111111 .°,- --._inn: � um En gm= , 11111111 FT- c -mg -v. — 1NM WI— MI 1r111HI _ .. pip �' 1ri1/11111� f i f L� .111ri1rlrlrilr/ 4�� i4 "W':p'�it,, 'L I 4t4 NE I11/11i11ri1ll� y��♦♦ ♦ V #-'- j' � �� --..- & iiNfp 44\"4.a Cu•i•al MIS \ ♦ ♦1.,- ♦ � .,.��.-,ivalkce I — i--- I I I I "es :rown ree 1 t ' / F. MI ' 3412) 1 - )2/ 1 I 11,;-e' '-All WE 1101#11 I// L 00-W4He 1 1:I:is tell f i ii iii4i'111 I1;1u�Ili ril/� ilrrrii1 ■all 'C C ill. 41,ffil f11/ / i I I CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 48.643 tract of land SURVEY,ABSTRACT&COUNTY: Mercer Phalen Survey,Abstract 695,Collin County,Texas 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. L 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. WYLIE CITY COUNCIL AGENDA ITEM NO. a. November 12, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial(CC)District to Multi-Family Residential(MF)District,generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning Case 2002-14) Background The applicant is requesting rezoning of the subject property from Corridor Commercial (CC) District to Multi-Family Residential(MF)District. The tract is 185 feet deep and fronts along Centennial Drive a distance of 1,625 feet, and totals 12.393 acres. It was created as a single lot in 1987 by the platting of the Woodlake Village Addition. The property was rezoned from Business-2(zoned B-2 since 1986)to Corridor Commercial(DD)District in February of2002 with the adoption of the City-wide revision to the Zoning Ordinance and Map. The subject property is bounded on the north by the railroad corridor, and these properties to the north are zoned for Industrial(I)uses and occupied by the railroad switching functions. Properties to the south across Centennial Drive are zoned Corridor Commercial(CC)District, and are undeveloped except for the 6 acre City of Wylie Municipal Complex. The property to the west across Eubanks Lane is developed for a retail use although it is zoned Agriculture(A), having been annexed into the City in July of 2002. Property to the east across Spring Creek Parkway is zoned Multi-Family Residential(MF)District and is undeveloped. That parcel is owned by the applicant of the subject property and is the subject of another request to be rezoned to Corridor Commercial(CC). Public Comment Forms were mailed to thirteen(13)property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends Mixed Uses for the subject property, as a part of the State Highway 78 corridor. The Plan defines commercial, institutional and/or village Center residential land uses as appropriate for this Mixed Use category, either as separate free-standing developments or grouped combinations ofthese three types of uses. Industrial uses are not considered appropriate for the tract. Both the current Corridor Commercial and the requested Multi-Family Residential District are compatible with this recommendation of the Plan. 2. Due to the abutting constraints of the existing Centennial Drive and railroad corridors,the long,narrow tract cannot be expanded or reconfigured. This configuration, especially the shallow depth, limits the property's potential for commercial uses to a"strip"pattern of linear buildings with common access and parking. The isolated location of the property, to the rear of larger properties fronting SH 78, limit its visibility and direct access from the major thoroughfare which is generally required by such small ship center retailing and offices. However, specialty goods and services clustered and concentrated on this tract could also compliment the larger retail developments fronting SH 78, and the larger commercial magnets could also provide the proximity spill-over support for such smaller retailers. Furthermore,the Corridor Commercial District, as did its predecessor the Business-2 District,allows some very intensive uses, quite compatible and related to uses such as are allowed within the adjacent Industrial(I) zone. 3. Both Multi-Family dwellings (apartments) and Single-Family Attached dwellings (duplexes and townhouses) are permitted within the requested Multi-Family (MF) District, and the size and configuration of the subject property can efficiently accommodate either ofthese housing types. The tract provides sufficient access for such high-density residential use and its limited visibility is not a liability to such development. However,no residential use can likely be made compatible with the intensive activity of the railroad switching yard. The current level of rail transfer operations already generates significant levels of noise at all hours of the day but especially at night,and there is also potential for the generation of noxious fumes and light. These spill-over nuisances will increase with the anticipated increased utilization of the rail yard, and they must be controlled by whatever uses ultimately are developed on the subject property rather than by the railroad authorities. Any non-residential uses, such as the currently zoned Corridor Commercial, are more appropriate for and compatible with the railroad operations than are any residential uses- even high-density apartments. 4. There is a total of approximately 285 acres of land within the City of Wylie which is zoned to accommodate Multi-Family Residential uses. Currently,there are approximately 390 apartments within Wylie, and the Cascade Apartments currently under construction will add 180 units and the recently approved Bachon Townhomes will add 120 units. The subject tract could support approximately 185 dwelling units at the allowed density of 15 dwellings per acre. In addition to the subject tract and these under construction, additional City-wide MF zoning will allow an additional 760 MF dwelling units(32 acres in 5 parcels at 15 dwelling units per acre,plus 280 units allowed within the Bozeman Farms PD). If completely developed as zoned,apartments will represent approximately 8 percent ofthe developed land within Wylie and 3 percent of the City's total acreage. Such proportion of high-density dwellings is comparable to accepted planning standards and within the City's service capacity. 5. No specific uses are as yet planned for the tract, and review and approval of a site plan by the Planning and Zoning Commission will be required for either retail under the current Corridor Commercial zoning or high-density residences under the requested MF zoning. However, the site plan review can dictate only limited requirements other than those of the adopted code, and may not be sufficient to provide controls of the noxious spill-over characteristics of the railroad operations. 6. The common owner/applicant relates the subject request with the request to rezone the corner of SH 78 and Spring Creek Parkway which is also on the current agenda for consideration, envisioning the two request to be an equitable trade. However, although the two tracts do reflect similarities,they are not contiguous and the two cases are in no other ways related. Board/Commission Recommendation At the October 15, 2002 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend denial of this zoning change because the non-residential uses of the current Corridor Commercial zoning is more compatible with the adjacent railroad operations than are the requested residential use. Due to the recommendation of denial by the Planning and Zoning Commission,approval by the City Council will require a three-fourths(3/4) affirmative vote by the Council. Staff Recommendation Denial of the requested rezoning. The non-residential uses of the current Corridor Commercial zoning are more compatible with the adjacent railroad operations than is the requested residential use. The Departments of Planning, Engineering, Development Services,Public Works and Fire concur with this recommendation. Attachments Ordinance Location Map Notification List and Response Forms �G! s...`_ E. . Prepared by Revi ed by Financ City Mana pproval 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 2002-14 TO MULIT-FAMILY (MF) DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABHdTY 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 MF,Multi-Family 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 ofthe City not in conflict with the provisions ofthis ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision,clause,phrase or section ofthis 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" Legal Description ZC#2002-14 BEING all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. I ; ; I i i i ��. , �.._._.._ Subject Property i /' o ; •o : .7. I' j ba a ;' r }co , .:% O_ i i tc i_..� pf tch �s ;' � _ I 7:,t Y i - 1 , Cenlen° ,r I i r i i i�/ A I I I ; • • i• ; j• i j g ; i ! i 1 1 IJ 1 1 ! I • -1a 1 State Highway No. 78 '! SN i • i i i � i i i i i i i i i I I 1 I I I I I 1 1 1 I 1 i I I I 1 • 1 : ; '' r i Ire an i i o -i ' el (.011ie / _§ i _....frc viv • ,,.. Tfl 0 I I i [Tfr 0 c, I W y_ IC —L o j S Virg Drive-b - D i :A Hd Knn nv c "4 C 111E11 /' Cs �.�IIIIIII I 1111111111111111 I I Ii li-I I IJ i i LOCATION MAP ZONING CASE #2002- 14 NOTIFICATION REPORT APPLICAN1 C.T.Beckham -Arapaho East,Inc. APPLICATION FILE #2002-14 5949 Sherry Lane,Ste 1225 Dallas,Texas 75225 I # 3LK/ABSII LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I 5949 Sherry Applicant Lane,Ste 1225 C.T.Beckham -Arapaho East, Inc. Dallas,Texas 75225 7557 Rambler Road #1023 Wylie Woodlake Vllg 1 Blk A Lot 1 R-2381-00A-0010-1 Wylie Woodlake Partners, L.C. Dallas Rambler Road, 5231# 023 -2379 Wylie Woodlake Vllg 2 Blk B Lot 1 R-2381-00B-0010-1 Wylie Woodlake Partners, L.C. Dallas Rambler Road # 023 ,Texas 75231-2379 Wylie Woodlake Vllg 3 Blk C Lot 1 R-2381-00CB-0010-1 Wylie Woodlake Partners, L.C. Dallas,Texas Box 5426 231-2379 Wylie Woodlake Vllg II Texas National Guard Armory Board Austin,Texas 78763-5426 4 Blk B Lot 1 R-3166-006-0010-1 1271 Red Ball Trail Charles BuntingGreenville, IL 62246-2774 5 Abst 688-1 Tract 78 R-6688-001-0780-1 P.O. Box C 6 Abst 688-1 Tract 85 R-6688-001-0850-1 North Texas Municipal Water Dist. Wylie,5949 Sherry LTexas 75098 Ste0 18225 7 Abst 688-2 Tract 194 R-6688-002-1940-1 Arapaho East, Inc. Dallas,Texas 752252000 State Highway 78 North Wylie,Texas 75098 8 Abst 688-2 Tract 195 R-6688 002-1950-1 City of Wylie 7557 Rambler Road #1023 9 Abst 688-2 Tract 198 R-6688-002-1980-1 Wylie Woodlake Partners, L.C. Dallas, s,S Tery Lane,xas 75231-2379 S1-279_ 59495 7522 e 1225 10 Abst 688-2 Tract 202 R-6688-002-2020-1 Arapaho East, Inc. 4271N 12t Dallas,Texas Streeth 522 11 Abst 688-2 Tract 208 R-6688-002-2080-1 Kansas City Southern Railway Co. Kansas 2 ity,, MOh S4105-1403 treet 12 Abst 688-2 Tract 51 R-6688-002-0510-1 Kansas City Southern Railway Co. 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A.,•te ' 'ii- -• •,-,,,•••-'•'• . .,... :,••.••..,• ,,'•' );S# I AiP••...'%:' : •-• , '...,.iiiel'• ,,, ..5.,,ii• '• .:•;" '' 1 I (—) • / ..,.• 1 Ni•:;_•, C,I•rf••.".i..,,!!.•?,, ,•!•:•:: :.•'•:"' :i Lo+ 1 ..-r ,.• -...• .: --1 :,. ..,-..•,,,r.,..:.., - CT. : .... •;.:,......,:-...,,,,-. C) 1 1 .,.. C ,.i. 1 . ...y 1 1 . 1 • , c i 1 L._ 1 1 i i .2; 0_ • D I I 1 I 1 I LLJ (1) .1_..__j___---------j---j State Highway No . 78 . ;----------- - , , , , , , , , , • , , I , , , I , , , , , 1it -_-_ 409 I WYLIE CITY COUNCIL AGENDA ITEM NO. 3. November 12, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Multi-Family Residential (MF) District to Corridor Commercial (CC) District, being all of a certain 13.569 acre tract of land generally located north of State Highway 78 and east of Spring Creek Parkway, and being a part of a 286.398 acre tract of land as described in a deed to Centennial Arapaho Development Venture as recorded in Volume 2358,Page 673 ofthe Deed Records of Collin County,Texas and being situated in the Francisco De La Pina Survey, Abstract No. 688 in the City of Wylie, Collin County, Texas. (Zoning Case 2002-15) Background The applicant is requesting rezoning of the subject property from Multi-Family Residential(MF)District to Corridor Commercial(CC)District. The tract fronts along SH 78 a distance of 285.64 feet and is 1,587.32 feet deep along Spring Creek Parkway totaling 13.56 acres. The property has been zoned for Multi-Family Residential uses since 1986. It is not platted and is undeveloped. The subject property is bounded on the north by the railroad corridor, and these properties to the north are zoned for Industrial (I) uses although undeveloped except for the railroad switching functions. The properties abutting to the east are undeveloped, and zoned for Corridor Commercial(CC)uses for the 300 feet depth along SH 78 and Industrial(I)uses to the rear adjacent to the rail corridor. Property to the west across Centennial Drive is zoned Commercial Corridor(CC)District,and is undeveloped. Properties to the south across SH 78 are platted as the Wylie Ranch East Commercial Park, although they are currently undeveloped. The property to the northwest across Spring Creek Parkway is zoned Corridor Commercial (CC) and is undeveloped. That parcel is owned by the applicant of the subject property and is the subject of another request to be rezoned to Multi-Family Residential(MF). Public Comment Forms were mailed to fifteen(15)property owners within 200 feet of this request. One Comment Form representing three neighboring properties has been returned at the time ofposting,favoring the request. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends Industrial Uses for the subject property, as a complementary support for the railroad switching function and major regional highway access provided by SH 78 and Spring Creek Parkway. Although the proposed Corridor Commercial(CC) District allows some uses which may not be compatible with the recommended Industrial of the Plan, most CC uses are appropriately compatible. The currently zoned Multi-Family Residential(MF)uses are more clearly less compatible with the Plan's recommended Industrial uses. 2. Both Multi-Family dwellings (apartments) and Single-Family Attached dwellings (duplexes and townhouses)are permitted within the current Multi-Family(MF)District,and the size and configuration of the subject property can efficiently accommodate either of these housing types. The tract provides excellent access for such high-density residential uses, without the potential for conflicts with lower- density residential neighborhoods. A total of approximately 285 acres of land within Wylie is zoned to accommodate Multi-Family Residential uses. Currently,there are approximately 390 apartments within Wylie, and the Cascade Apartments and Bachon Townhomes will add 180 and 120 units respectively. The subject tract could support approximately 203 dwelling units at the allowed density of 15 dwellings per acre. In addition to the subject tract and these under construction, additional City-wide MF zoning will allow an additional 760 MF dwelling units(32 acres in 5 parcels at 15 dwelling units per acre,plus 280 units allowed within the Bozeman Farms PD). If completely developed as zoned, apartments will represent approximately 8 percent of the developed land within Wylie and 3 percent of the City's total acreage. Such proportion of high-density dwellings is comparable to accepted planning standards and within the City's service capacity. 3. The size and configuration of the subject property can support the broad variety of commercial uses allowed within the requested Corridor Commercial zoning. The tract could support several smaller free- standing specialty retail stores and offices or a single large consumer goods retailer. The location of the property, at the intersection of regional thoroughfares SH 78 and Spring Creek Parkway(future Park Boulevard), provides excellent visibility and direct road access required by all such commercial uses. Utilities, including public water and sewer services as well as private electricity and gas, are already available to the property. 4. The subject property also reflects excellent potential for industrial uses as envisioned by the Comprehensive Plan, although such uses are not requested by the applicant. The regional highway connections and adjacent rail access,especially existing transfer opportunities from truck to rail,provide support and intensity of industrial operations,from warehousing and assembly to heavy processing and manufacturing. Necessary utilities are already in place to support such industrial uses. The flexible standards of the newly adopted Zoning Ordinance can now insure that most industrial development is compatible with the less-intensive retail uses anticipated by the current Corridor Commercial zoning immediately along SH 78. 5. No specific uses are as yet planned for the tract, and review and approval of a site plan will be required for either high-density residential use under the current Multi-Family zoning or any non-residential uses under the requested Corridor Commercial zoning. 6. The common owner/applicant relates the subject request with the request to rezone the area north of Centennial Drive which is also on the current agenda for consideration,envisioning the two requests to be an equitable trade. However,although the two tracts do reflect similarities,the two cases are in no other way related. Board/Commission Recommendation At the October 15, 2002 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this zoning change. Staff Recommendation Approval of the requested rezoning. The location and configuration of the subject property is more compatible with the requested commercial uses than with the current high-density residential use. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Ordinance Location Map Notification List and Response Forms Prepared by , Revi ed b finance City Mana proval 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 2002-15 TO CORRIDOR COMMERCIAL (CC) 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 CC, Corridor Commercial 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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph,sentence, subdivision,clause,phrase or section ofthis 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" Legal Description ZC#2002-15 BEING a 13.569 acre tract of land situated in the Francisco De La Pina Survey,Abstract No. 688 in the City of Wylie, Collin County, Texas, being a portion of a 286.398 acre tract of land as described in a deed to Centennial Arapaho Development Venture as recorded in Volume 2358,Page 673 of the Deed Records of Collin County, Texas(DRCCT), and being more particularly described as follows: BEGINNING at the northeast corner for the intersection of Spring Creek Parkway(100'R.O.W.)and State Highway 78 (variable width R.O.W.), as shown by Woodlake Village, an Addition to Wylie, recorded by Cabinet G, Page 386 of the Plat Records of Collin County, Texas (PRCCT) (bearings referenced to said Addition): THENCE, easterly with the north line of said State Highway 78 as follows: South 88 degrees 31 minutes 13 seconds East, 82.34 feet to a point; South 09 degrees 14 minutes 10 seconds West, 11.96 feet to a point; South 88 degrees 29 minutes 55 seconds East, 283.64 feet to a point; THENCE,North 01 degrees 29 minutes 00 seconds East,leaving said right-of-way, 1,587.32 feet to a point on the south line of the Atchison, Topeka & Santa Fe Railroad, 100 foot right-of-way; THENCE, South 76 degrees 23 minutes 11 seconds West,with said right-of-way 520.63 feet to a point for the intersection of said right-of-way and the east right-of-way for the aforesaid Spring Creek Parkway; THENCE, southerly with said east right-of-way the following: Along the arc of a curve to the right having a radial bearing of South 64 degrees 08 minutes 28 seconds East, a delta angle of 24 degrees 22 minutes 45 seconds,a radius of 1,550.00 feet and an arc length of 659.52 feet to a point; South 01 degrees 28 minutes 47 seconds West, 800.00 feet to the Point ofBeginning and containing 13.569 acres. . . . • , • 1 1. .. , i / ./ ./ ,..: .. / .,.• ./ .i , f. /'• i i /".... .. / / , / •/ ,,, ,../ . .. a ../ ../ / „ ..,. ./ ,. 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APPLICATION FILE #2002-15 5949 Sherry Lane,Ste 1225 Dallas, Texas 75225 # IILK/ABSII LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS Applicant 5949 Sherry Lane,Ste 1225 1 C.T. Beckham -Arapaho East, Inc. Dallas,Texas 75225 Wylie Woodlake Vllg 7557 Rambler Road #1023 2 Blk B Lot 1 R-2381-00B-0010-1 Wylie Woodlake Partners, L.C. Dallas, Rambler Road #2379 1023 Wylie Woodlake Vllg 3 Blk C Lot 1 R-2381-00C-0010-1 Wylie Woodlake Partners, L.C. Dallas,Texas Box 5231-2379 Wylie Woodlake Vllg II Texas National Guard 426 4 Blk B I Lot 1 I R-3166-006-0010-1 Armory Board Austin,Texas 78763-5426 Turtle Creek Blvd #10G Wylie Ranch E.Commercial Dallas, 75219-4413 0 5 --- I Lot 1 I R-1182-000-0010-1 IRM Investments 3Dal831 Turtles,Texas Creek219 Blvd4#10G Wylie Ranch E.Commercial Dallas, Texas 75219-4413 0 6 --- I Lot 2 I R-1182-000-002-1 IRM Investments 3 831 Turtle Creek Blvd #1 OG Wylie Ranch E.Commercial Dallas,Texas 75219-4413 O 7 --- Lot 3 R-1 182-000-0030-1 IRM Investments 5949 Sherry Lane,Ste 1225 8 Abst 688 Tract 2 R-6688-002-0020-1 Myran Corporation Dallas,Texas 75225 7557 Rambler Road #1023 9 Abst 688 50 R-6688-002-0500-1 Wylie Woodlake Partners, L.C. all s,Texas Lane 379 225 Texas 75225 10 Abst 688 194 R-6688-002-1940-1 Arapaho East, Inc. Dallas,114 W 11 th Street 11 Abst 688 196 R-6688-002-1960-1 Rice-Carden Corporation Kansas C ity, MO 64105-1403 Road #10 Rambler7557 12 Abst 688 198 R-6688-002-1980-1 Wylie Woodlake Partners, L.C. Dallas, Sheery Lane 379 5949225 13 Abst 688 202 R-6688-002-2020-1 Arapaho East, Inc. Dallas,Texas 75225427 W. 12th Street 14 Abst 688 208 R-6688-002-2080-1 Kansas City Southern Railway Co. Kansas City, MO 64105-1403 Bill Lovil, P.E. P.O. Box 90 15 S.H. 78 Texas Dept.of Transportation McKinney,Texas 75069 16 17 18 I I f-te T I T _ •_ -kaan o _ _ d • VI'<<t - - Atch: •_ •_ '- • r •' i• _ rAt� 5 t ,,"— 4 Y ® f o., ems yq s`- • Wood ld, P, % :" VV 6La, 3 yr; .,.,,.miiv„ ,,.17.144_. ,, .,,, _, ,,,i.---;,•1;,,,,i4T,:,.:-.-.-;,, Lbf DC5 R,yt.+y:e i, n try fi, T4. > U ,. .• • . t e. i ,, , R eo*. '. "t Cr) ;� a 4110 C \ o . 7 • NII �c PCT.- T 1 Tr2 ' 2 3 mit i t Corn rnerCAa/t par k- i i CD • _. _..- _.I O : For X � ��ang�' tc g 2 oo -1 6 boo PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 iI am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-15. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-15. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 15,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, November 12, 2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas r----0 Name: US riA_C_A L Me CI C. cr. Ig in Prc rbee_ (please print) J � rr — . Address: 3 1 ..-T-6 {4,_ Cc ki Q Q C.) - ---y "`S"� c) Signature: —t ctol Date: to,ry�aQf- 110 .. ,-- COMMENTS: