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09-28-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 28, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER INVOCATIt t&I L I E OIs ALLE IAN E PR©tCLA1 A`rlO S& 'R SENTATI NS • Presentation of Proclamation to Sanden International (USA) in celebration of their 30 year anniversary • Presentation of Proclamation designating the week of October 3-9 as "Fire Prevention Week" CITIZENS FA TI CIPA' 'If l CONSENT AE1A ill matters listed u nder the Consent Agenda are considered to a route by the City('otincil d hill beacted h one motion Ther..ev ll not h separate discussion;of these items.If discuss on is desired,that item w ill be removed: from the Consent Agenda and<w ill be consdere :separately A. Approval of the Minutes from the regular meeting of September 14,2004. B. Consider and act upon an Ordinance annexing all of a certain 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey,Abstract No. 860,Collin County, Texas and the E.M.Price Survey,Abstract No. 1114,Dallas County,Texas,and generally located at the northwest corner of Vinson Road and FM 544. C. Consider and act upon an Ordinance annexing all of a certain 66.194 acre tract out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally located west of Stone Road, east of Kreymer. wjt(jtnvi*giHoottwoi*aorkiio4'oo‘vjtom4ioiftontihct44SO.01*iiit*4Wi*tkqk00dOd. INllI IDUAL�O fiSIDERAT1ON Tabled Item This item was tabled at the September 14 Council Meeting at the request of the applicant. 1. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS) Districts to Planned Development (PD) District for mixed uses including retail, multi-family and single-family residential of varied types and densities. Subject property being all of a certain 214.18 acre tract of land generally located in the south corner of South Ballard Avenue (Sachse Road) and Pleasant Valley Road (C.R. 378), being part of a 118.67 acre tract of land deeded to Grove Farm, Ltd., as recorded in Volume 5317,Page 5455 of the Deed Records of Collin County, and Volume 2002250, Page 5070 of the Deed Records of Dallas County, and part of a 38.129 acre tract conveyed to Joy Grove Bruner as recorded in Volume 555,Page 232 of the Deed Records of Collin County, and part of a 38.13 acre tract deeded to Joy Grove Bruner as recorded in Volume 3535,Page 292 of the Deed Records of Collin County and Volume 91100,Page 1278 of the Deed Records of Dallas County, and situated in the Guadalupe De Santos Survey,Abstract No. 1384,City of Wylie,Collin and Dallas Counties,Texas. The applicant is requesting that this request be withdrawn. (Zoning Case No. 2004-17) Executive Summary The applicant has requested that this request be withdrawn (see attached letter), in order that the concerns raised by the neighboring property owners and Commission may be adequately addressed. Because the request has been published and neighboring property owners notified in accordance with State law the C4:1JNCIL:SRO1 OPEN:H1 PUBIC feAR +C TO BE£EIV CITIZEN COM lv'1 PRIOR T4 C 1!I MIOTIOl' 4 TIIE.: Tfi1 R k'i3?. :., 2. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) District and Neighborhood Services(NS)District to Planned Development(PD) District for single-family residential development of varied densities. Subject property being all of a certain 185.1449 acre tract of land generally located west of FM 544 at Vinson/County Line Road, being part of a tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co.,as recorded in Volume 561,Page 226 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and situated in the E.M.Price Survey,Abstract No. 725,the D.W.Williams Survey,Abstract No.980,the Nathaniel Atterberry Survey,Abstract No. 1099, and the William Sutton Survey,Abstract No. 860, City of Wylie, Collin County,Texas and the E.M.Price Survey,Abstract No. 1114,Dallas County,Texas. (Zoning Case No.2004-19) Executive Summary Annexation of the subject property into the City of Wylie is also on the current agenda. The annexation must be accepted prior to the Council considering any action concerning the subject rezoning request.The applicant previously requested annexation and zoning of the subject property into several straight zoning district classifications but was denied by the Planning and Zoning Commission on May 18, 2004,and the annexation and zoning requests were both subsequently withdrawn by the applicant. The same applicant is now requesting annexation and zoning to a Planned Development District(PD)in order to allow only single-family detached residences(lots of 8,500 and 10,000 square feet). At the September 7,2004 meeting,the Planning and Zoning Commission voted 5-1 to recommend approval of Zoning Case 2004 19, subject to prior annexation of the property in to the City of Wylie and with stipulations as listed in the agenda communication. Staff recommends denial because the proposed decrease in lot sizes and increase in residential density does not comply with the recommendations of the adopted Comprehensive Plan. The special Conditions of the Planned Development District provide little change from the standard requirements of the Zoning Ordinance and the PD is therefore not justified. 3. Consider and act upon a request to waive Section 3.2.B of the Subdivision Regulations requiring alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally located east of Troy Road and north of County Line Road, being part of a tract deeded to I. L. Whitsell as recorded in volume 44,Page 204 of the Deed Records of Rockwall County, Texas, and situated in the L.B. Outlaw Survey,Abstract No. 173, City of Wylie,Rockwall County,Texas. Executive Summary The subject property was annexed into the City of Wylie on June 8, 2004, and at that time zoned as Agriculture (A) District. The Council subsequently rezoned the property to Single-Family 10 Residential(SF 10/19)District,allowing lots of 10,000 square feet and larger on September 14.The owner/applicant had earlier requested that the requirement for alleys be waived,and that request was denied by the Council on July 27. However,the applicant was not present for the July 27 consideration,and is again requesting that the Council consider waiving the required alleys. Staff recommends approval. The functions of alleys will be accommodated by other measures,and the addition of alleys requires the expense of City maintenance funds for no significant public goal. The departments of Planning, Engineering,Fire and Public Works concur with this recommendation. 4. Consider and act upon authorizing the Mayor to execute an Interlocal Agreement between Wylie Independent School District(WISD)and the City of Wylie for Wide Area Network(WAN)Fiber Optic Cable Access. Executive Summary The WISD has developed and maintained its own private Wide Area Network(WAN)fiber optic network for five years.Due to the City of Wylie's large geographic area,currently 42 square miles,and advanced technical communication needs,the WFR in cooperation with WISD drafted an interlocal agreement. This agreement will serve current and future communication needs by providing Nexgen system access points to the WISD (WAN) fiber optic network. The cost associated with this associated agreement will be paid with a communications grant in the amount of$27,000.00 that has been secured from Home Land Security - 2004 Urban Area Security Initiative Grant addressing interoperability. The cost will be covered for 21 months by this grant and reviews of the availability other cost effective technology will continue throughout this agreement. The city is currently negotiating agreements with Verizon that may include WAN and/or services that include fiber optic network access.These negotiations are underway and should conclude in late 2004. 5. Consider and act upon proposals for employee group health insurance,including major medical,dental,term life,accidental death/dismemberment,long term disability and prescription drug coverage. Executive Summary United Healthcare, represented by Wylie Insurance Agency, was the only provider to submit a proposal for group medical insurance. The premium rates quoted by United reflect a 12.4% increase which is below the current industry average. The only benefit change is a slight increase in the employee's prescription copay.Dental proposals were submitted by Life Re(the current provider),United Healthcare,Ameritas and Aetna. Aetna, also represented by Wylie Insurance, offered the most favorable rate quote. While the dependent coverage is somewhat higher than the current premium,the employee rate is lower and the cost to the City remains basically the same as the current plan.Proposals for employee life and disability insurance were submitted by United, Aetna and Canada Life, the current provider. Canada Life offered to renew coverage at the current rate and theirs was the lowest quoted rate. Staff recommends awarding the City's group medical coverage to United Healthcare,the City's dental coverage to Aetna,and the City's life and disability insurance to Canada Life.A summary of the proposals is in the agenda packet. 6. Consider and act upon a Resolution suspending the effective date of CoSery Gas Ltd requested rate changes. Executive Summary CoSery Gas Ltd. (CoServ)has filed a Statement of Intent to change gas rates within all municipalities in the CoSery system,to be effective October 1, 2004. As in the past, the City has the option to continue to join with a coalition of cities affected by the proposed change so that we may negotiate as a single unit. In order to do so, the City must pass a resolution which suspends the effective date for 90 days to evaluate the proposed rates. If the City does not suspend the effective dates, the proposed rates will automatically go into effect October 1. CoSery serves 1,906 Wylie customers, and the proposed rate is expected to increase the average bill across all of their territory by approximately 7.3%. The proposal will establish a single company-wide rate, replacing 18 different sets of rates. Based on the information provided by CoServ, the requested change will also increase existing miscellaneous service charges, as well as adding new service charges. Staff recommends approval of a Resolution that will suspend the rates during negotiations. 7. Consider and act upon the approval of an ordinance amending Ordinance#2001-57; Providing for exemption from ad valorem tax on motor vehicles leased for personal use beginning with the 2005 tax year as authorized by Section 11.252,Texas Property Tax Code. Executive Summary In 1999 voters approved a constitutional amendment that authorized the legislature to exempt leased automobiles from property taxes, provided the automobiles are used for personal use and not for the production of income. SB 248 passed in 2001 and provides that motor vehicles leased and used primarily for non-income-producing purposes are exempt from property taxes. The bill also gave cities an opt- out from the exemption if it passed an ordinance to that effect by January 1, 2002. hi December of 2001, the City of Wylie passed Ordinance#2001-57 which allowed the city to opt out of the exemption for vehicles used for personal use only and charge the tax. Since the passage of Ordinance#2001-57, several citizens have called voicing their objections to this ordinance. In July of 2004 Steve Adair contacted both the City Manager's Office and the City Secretary's Office requesting that the exemption for personal use be reconsidered. He has requested to speak to Council on the matter during a regular City Council Meeting. The Collin County Appraisal District has compiled the 2004 market value for this tax appraisal category which amounts to $4,832,065. (personal use leased vehicles only)and will amount to a reduction of$33,583.in tax revenue to the city,calculated using the new tax rate. ilr.ADES.T.ak:fr ORDINANCESTITLE & C PT'ION APPII.O DRY COUNCIL AS REQUIRED BYI LIE CITY CHARTER,ARTICLE III SECTI9 1 D •ADJOURN NT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was postvilot11011/9047 day of September,2004 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas GovervA`Rt C JlFatt 'i�t4he appropriate news media contacted. As a courtesy,this agenda is also po�ted to the Ci Wylie Websi+e� 761r.VNy . ... �'. �---, /O - 7 -04/ ,♦ ��` SEAL ' Caro eEhrlich, i y F. _ Date Notice Re The Wylie Municipal Complex is Wheethair$ccessible. Sigq Inter tation or other special assistance for disabled attendees must be requested 48 hours in advance by contact tl GiXy Secretary's 1 e at 972/442-8100 or TD 972/442-8170. 7/1./E,TExpv�`` ��/4/11n110" Proclamation Whereas, the month of October constitutes the 30th Anniversary of the formation of Sanden International (USA), Sanden's first, manufacturing facility outside of Japan; and Whereas, Sanden initially opened its US office in Garland, Texas in 1974; and Whereas, Sanden International is the world's largest independent supplier of Automotive Air Conditioning Compressors and has received numerous awards as a leader in the HVAC industry; and Whereas, Sanden International (USA) officially moved into their new factory and technical center in Wylie in 1990; and Whereas, Sanden International (USA) ranks as the D-FW Metroplex's 13th largest subsidiary of a foreign company; and Whereas, Sanden International (USA) is currently the largest industrial employee in Wylie with approximately 650 full-time employees; and Whereas, Sanden International (USA) is a valuable leader in Wylie as the company and its employees participate in numerous community organizations, programs and events. Now, therefore, I, John Monday, Mayor of the City of Wylie, Texas, do hereby proclaim October 2004, as, "Sanden International (USA) Month " in Wylie, Texas on September 28, 2004. John Mondy, Mayor Proclamation Whereas, the week of October 3-9, 2004 has been designated as Fire Prevention Week in recognition of the need for fire safety and prevention training in the community, and Whereas, Fire Departments nationwide are providing and promoting fire prevention and fire safety activities, and Whereas, the Wylie Fire Rescue will be providing fire safety and prevention training in all day cares and elementary grade levels as well as in the community during the month of October 2004, and Whereas, some of these activities will include fire safety demonstrations at City of Wylie day cares, Fire Clown fire safety performances at elementary schools, Community Fire Drill, the annual poster contest, fire safety literature distribution, fire safety home inspections. Now, Therefore, I, John Mondy, Mayor of the City of Wylie, do hereby proclaim the Week of October 3-9, 2004 as, "FIRE PREVENTION WEEK" and hereby encourage all citizens and residents to participate in fire prevention and safety activities and awareness programs available during Fire Prevention Month. Proclaimed this the 28th day of September 2004. John Mondy, Mayor WYLIE CITY COUNCIL AGENDA ITEM NO. B. September 28, 2004 Issue Consider and act upon an Ordinance annexing all of a certain 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas, and generally located at the northwest corner of Vinson Road and FM 544. Background This annexation is at the request of the property owner. 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 August 11, 2004 First Public Hearing August 24, 2004 Second Public Hearing August 31, 2004 Adoption of Ordinance September 28, 2004 Financial Consideration The current property tax rate for the City of Wylie is .705 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) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Service Plan Area Map Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-33 AN ORDINANCE ANNEXING A CERTAIN TRACT OF LAND SITUATED IN THE E. M. PRICE SURVEY, ABSTRACT NO. 725, THE D. W. WILLIAMS SURVEY, ABSTRACT NO. 980, THE NATHANIEL ATTERBERRY SURVEY, ABSTRACT NO. 1099, AND THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, COLLIN COUNTY, TEXAS AND THE E. M. PRICE SURVEY, ABSTRACT NO. 1114, DALLAS COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the"Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28th of September, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Published in the iTylieYews 10-06-04 EXHIBIT "A" BEING a tract of land situated in the E. M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract and a 134.33 acre tract conveyed to Mrs. Thelma Rice by Lone Star Boat Co. and recorded in Volume 561, at Page 226, of the Deed Records of Collin County, Texas save and except parcels taken for road rights-of-way and being more particularly described as follows: BEGINNING at the intersection of the Westerly line of said 134.33 acre tract with the Northerly line of Vinson Road (a 60' R.O.W.) said intersecting point being at the most Easterly corner of Twin Creek Estates (an unrecorded Addition) filed in Volume 72 066, Page 274 of the Deed Records of Dallas County, Texas a 3/4" iron stake found at corner; THENCE, N 47° 41' 51" W, a distance of 1276.47 feet, on an old fence line, and on the Easterly line of said Twin Creek Estates to a 3/4" iron stake found at corner; THENCE, N 47° 43' 58" W, a distance of 360.95 feet continuing on said old fence line and on said Twin Creek Estates Easterly line to a 1" iron pipe found at corner; THENCE, Along an old fence line the following: N 47° 01' 33" W, a distance of 218.23 feet to a 3/4" iron stake found at corner; N 47° 31' 52" W, a distance of 404.96 feet to a 3/4" iron stake found at corner; N 47° 18' 48" W, a distance of 327.40 feet to the most Northerly corner of a 9.8± acre tract of land owned by Larry Morgan (14) a 3/4" iron stake found at corner; THENCE, S 48° 28' 56" W, a distance of 262.83 feet, along a new fence and remains of old fence, and the Northwesterly line of said Larry Morgan tract to a '/2" iron stake set at corner; THENCE, S 34° 24' 05" W, a distance of 115.79 feet continuing on new fence line and said Larry Morgan tract Northwesterly line to a point in an old fence line a '/2" iron stake set at corner; THENCE, On an old fence line along the meanderings of a creek bluff the following: N 16° 10'27" W, a distance of 184.51 feet to a '/2"iron stake set at corner; N 10° 56'33" E, a distance of 60.71 feet to a '/2 iron stake set at corner; N 14° 46'10" W, a distance of 37.08 feet to a '/2" iron stake set at corner; N 26° 15'15" W, a distance of 200.07 feet to a '/2" iron stake set at corner; N 23° 31'40" W, a distance of 56.70 feet to a '/2" iron stake set at corner; N 79° 02'43" W, a distance of 98.71 feet to a '/2" iron stake set at corner; N 14° 51' 31' W, a distance of 228.87 feet to a '/2" iron stake set at corner; N 3° 51'19" W, a distance of 77.26 feet to a '/2" iron stake set at corner; N 1° 22'06" E, a distance of 120.14 feet to a point on the Southerly line of said D. W. Williams Survey and to a fence corner,just East of creek, an 18" elm tree found at corner also serving as fence corner; THENCE, On an old fence line, along the said D.W. Williams Survey South line, the following: S 89° 46'03" E, a distance of 659.55 feet to a '/2" iron stake found at corner; S 89° 51'16" E, a distance of 212.12 feet to a 3/4" iron stake found at corner; S 89° 38'47" E, a distance of 1135.88 feet to a '/2" iron stake found at corner; S 89° 56'14" E, a distance of 168.67 feet to a '/2" iron stake found at corner; THENCE, North, a distance of 532.51 feet to a '/2" iron stake set at corner; THENCE, S 88° 01'19" E, a distance of 19.78 feet to a point in a Public road, a '/2" iron stake set at corner; THENCE, North, a distance of 1786.75 feet to a point on the South line of the A. Atteberry Survey, Abstract No. 23, said point also being the Northeast corner of the Mackie Lee Klingbell 10 acre tract a 3/4" iron stake found at corner; THENCE, East, along the said A. Atteberry Survey, and on the South line of the S.H. Hood 73± acre tract of land a distance of 1220.11 feet to a point on the Westerly line of Farm To Market Road 544 a '/2" iron stake set at corner; THENCE, Along the said Farm To Market Road Westerly line, the following: S 4°31'19" E, passing a wooden right-of-way marker at a distance of 207.93 feet and continuing a total distance of 211.90 feet to the beginning of a tangent curve to the right having a central angle of 5°00'00", and a radius of 2819.79 feet, a '/2" iron stake set at corner; Around said curve to the right a distance of 246.07 feet to the end of said curve a '/2" iron stake set at corner; S 0°28'42" W, a distance of 1215.89 feet to an angle point, a '/2" iron stake set at corner; S 0°52'55" E, a distance of 108.89 feet to the beginning of a cutback line in said Farm To Market 544 Westerly line to a '/2" iron stake set at corner; S 44°16'48" W, a distance of 37.41 feet to a '/2" iron stake set at corner; S 0°52'55" E, passing the common property line of said 134.33 acre and 53.42 acre tract at a distance of 20.00 feet continuing a total distance of 40.00 feet to a wooden right-of-way marker found at corner; S 44°27'55" E, a distance of 38.48 feet to a '/2" iron stake set at corner; S 0°52'55" E, a distance of 1926.55 feet to a '/2" iron stake set at corner; THENCE, S 48°20'46" W, a distance of 65.70 feet to a '/2" iron stake set at corner; THENCE, N 88°30'46" E, a distance of 133.60 feet to a point on a County Public Access Road, a '/2" iron stake set at corner; THENCE, S 47°02'55" E, a distance of 136.82 feet along said County Public Access Road to a '/2" iron stake set at corner; THENCE, S 89°59'18" W, along the North line of tract of land conveyed to Bill Kreymer in Volume 222, at Page 0423 of the Deed Records of Dallas County, Texas, passing a 3/4" iron stake at 221.10 feet, a total distance of 372.73 feet to a '/2" iron stake set at corner; THENCE, S 36°59'13" W, along the Northwesterly line of a dedicated portion of Vinson Road and the Northwesterly line of said Bill Kreymer tract, a distance of 1094.11 feet to the Northwesterly corner of said Bill Kreymer tract and the Southwesterly corner of said 134.33 acre tract, a 3/4" iron stake found at corner; THENCE, N 46°12'49" W, a distance of 175.74 feet crossing Vinson Road to the PLACE OF THE BEGINNING and containing 185.1449 acres of land. EXHIBIT `B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA RICE TRACT ANNEXATION ORDINANCE NO.: 2004-33 DATE OF ANNEXATION ORDINANCE: September 28, 2004 ACREAGE ANNEXED: 185.1449 acres SURVEY, ABSTRACT & COUNTY: E. M. Price Survey, Abstract No. 725, D. W. Williams Survey, Abstract No. 980, Nathaniel Atterberry Survey, Abstract No. 1099, William Sutton Survey, Abstract No. 860, Collin County, Texas and E. M. Price Survey, Abstract No. 1114, Dallas 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. 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. C. September 28, 2004 Issue Consider and act upon an Ordinance annexing all of a certain 66.194 acre tract out of the Francisco De La Pina Survey, Abstract#688, Collin County, Texas and generally located west of Stone Road, east of Kreymer. WITHDRAWN —per the applicant's request. Remove from the consent agenda—no action needed. Background This annexation is at the request of the property owner. 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 August 11, 2004 First Public Hearing August 24, 2004 Second Public Hearing August 31, 2004 Adoption of Ordinance September 28, 2004 Financial Consideration The current property tax rate for the City of Wylie is .705 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) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Accept withdrawal Attachments Letter from the applicant Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE ANNEXING A CERTAIN TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688, COLLIN COUNTY, TEXAS, PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the"Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth(40th) day but before the twentieth(20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28th of September, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary Published in the Trylie Yews 10-06-04 EXHIBIT "A" BEING all that tract of land in the City of Wylie, Collin County, Texas, and being a part of the FRANCISCO DE LA PINA SURVEY, ABSTRACT NUMBER 688, and being a part of that called 46 acre tract of land conveyed to Neva Lou Kreymer and Robert Brooks Kreymer as recorded in Volume 2787, Page 251, Collin County Deed Records, a part of that 10.1309 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 268, Collin County Deed Records, a part of that 3.00 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 268, Collin County Deed Records, all of that 3.00 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 275, Collin County Deed Records, a part of that 10.1309 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 275, Collin County Deed Records, all of that 4.00 acre tract of land conveyed to John Willis Kreymer as recorded in Volume 1658, Page 938, Collin County Deed Records, all of that 1.500 acre tract of land conveyed to Dot Marie Kreymer as recorded in Volume 5066, Page 2963, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod set at the northwest corner of said 46 acre tract, said point being the southwest corner of that 8.374 acre tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records, said point being in the east line of that 14.771 acre tract of land conveyed to Tim R. Kreymer and Robin Al Kreymer as recorded in Document No. 96-0071696, Collin County Deed Records, said point being in the west line of a 50 foot wide private street; THENCE North 88 degrees 20 minutes 11 seconds East, 877.86 feet along the north line of said 46 acre tract to a one-half inch iron rod found at the southeast corner of said 8.374 acre tract, said point being the southwest corner of said 10.1309 acre tract conveyed in Volume 2967, Page 275; THENCE North 01 degrees 40 minutes 33 seconds West, 532.19 feet to a one-half inch iron rod found for corner in the west line of said 10.1309 acre tract conveyed in Volume 2967, Page 268, said point being the most westerly southwest corner of that 9.737 acre tract of land conveyed to Farmers Electric Cooperative, Inc., as recorded in Document No. 97-0011472, Collin County Deed Records, said point being in the east line of that 7.424 acre tract of land conveyed to Deborah D. Sorrells as recorded in Volume 4699, Page 35, Collin County Deed Records; THENCE along the south line of said 9.737 acre tract as follows: South 78 degrees 05 minutes 49 seconds East, 419.07 feet to a one-half inch iron rod found for corner; North 11 degrees 59 minutes 51 seconds East, 235.02 feet to a one-half inch iron rod found for corner; South 78 degrees 06 minutes 23 seconds East, 899.29 feet to a PK nail set for corner, said point being in the approximate center of Stone Road ( a prescriptive use right-of-way); THENCE along the approximate center of Stone Road as follows: South 01 degrees 13 minutes 27 seconds East, 566.32 feet to a PK nail set at the southeast corner of said 4.00 acre tract, said point being in the east line of said 46 acre tract; South 01 degrees 55 minutes 45 seconds East, 867.07 feet to a PK nail set at the southeast corner of said 46 acre tract, said point being in the northeast corner of that tract of land described as Tract No. 4 conveyed to Jessie Glenn Coats, et ux as recorded in Document No. 96-0017642, Collin County Deed Records; THENCE along the south line of said 46 acre tract as follows: South 88 degrees 19 minutes 43 seconds West, 718.94 feet to a three-eights inch iron rod found for corner, said point being the northeast corner of that 6.339 acre tract of land conveyed to Carroll Calvin Holley and Beverly Kay Holley as recorded in Volume 2387, Page 828, Collin County Deed Records; South 88 degrees 23 minutes 23 seconds West, 240.39 feet to a one-half inch iron rod found for corner, said point being the northeast corner of that 9.635 acre tract of land conveyed to Kathleen M. Kerin as recorded in Volume 4770, Page 1994, Collin County Deed Records; South 88 degrees 32 minutes 08 seconds West, 1035.90 feet to a three-eights inch iron rod found for corner, said point being the northeast corner of that 1.995 acre tract of land conveyed to Chad M. Packard and Bethany L. Packard as recorded in Document No. 93- 0093792, Collin County Deed Records; South 87 degrees 55 minutes 00 seconds West, 207.63 feet to a 60d nail found at the southwest corner of said 46 acre tract, said point being the northwest corner of said Packard tract, said point being in the east line of that 9.184 acre tract of land conveyed to John F. Reschke, et ux as recorded in Volume 3389, Page 97, Collin County Deed Records; THENCE along the west line of said 46 acre tract as follows: North 02 degrees 21 minutes 08 seconds West, 245.30 feet to a 60d nail found for corner, said point being the northeast corner of said Reschke tract, said point being the southeast corner of that 12.499 acre tract of land conveyed to John A. Yates, et ux as recorded in Document No. 96-0070802, Collin County Deed Records; North 02 degrees 22 minutes 58 seconds West, 437.30 feet to a one-half inch iron rod found for corner, said point being the southeast corner of that 5.00 acre tract of land conveyed to Joe Tolleson, et ux as recorded in Volume 4298, Page 1653, Collin County Deed Records; North 02 degrees 27 minutes 31 seconds West, 109.50 feet to a 60d nail found for corner, said point being the northeast corner of said 5.00 acre tract, said point being the southeast corner of said 14.771 acre tract; North 02 degrees 11 minutes 46 seconds West, 187.64 feet along the east line of said 14.771 acre tract to the POINT OF BEGINNING and containing 2,883,414 square feet or 66.194 acres of land. Exhibit "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA KREYMER TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 66.174 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. ORDINANCE NO. AN ORDINANCE ANNEXING A CERTAIN TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688, COLLIN COUNTY, TEXAS, PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the"Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Ordinance#2004-34 Annexation Krey mer Tract 1 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth(40th) day but before the twentieth(20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed Ordinance#2004-34 Annexation Krey mer Tract 2 guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28th of September, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary Published in the iij>lie Yews 10-06-04 Ordinance#2004-34 Annexation Kreymer Tract 3 EXHIBIT "A" BEING all that tract of land in the City of Wylie, Collin County, Texas, and being a part of the FRANCISCO DE LA PINA SURVEY, ABSTRACT NUMBER 688, and being a part of that called 46 acre tract of land conveyed to Neva Lou Kreymer and Robert Brooks Kreymer as recorded in Volume 2787, Page 251, Collin County Deed Records, a part of that 10.1309 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 268, Collin County Deed Records, a part of that 3.00 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 268, Collin County Deed Records, all of that 3.00 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 275, Collin County Deed Records, a part of that 10.1309 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 275, Collin County Deed Records, all of that 4.00 acre tract of land conveyed to John Willis Kreymer as recorded in Volume 1658, Page 938, Collin County Deed Records, all of that 1.500 acre tract of land conveyed to Dot Marie Kreymer as recorded in Volume 5066, Page 2963, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod set at the northwest corner of said 46 acre tract, said point being the southwest corner of that 8.374 acre tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records, said point being in the east line of that 14.771 acre tract of land conveyed to Tim R. Kreymer and Robin Al Kreymer as recorded in Document No. 96-0071696, Collin County Deed Records, said point being in the west line of a 50 foot wide private street; THENCE North 88 degrees 20 minutes 11 seconds East, 877.86 feet along the north line of said 46 acre tract to a one-half inch iron rod found at the southeast corner of said 8.374 acre tract, said point being the southwest corner of said 10.1309 acre tract conveyed in Volume 2967, Page 275; THENCE North 01 degrees 40 minutes 33 seconds West, 532.19 feet to a one-half inch iron rod found for corner in the west line of said 10.1309 acre tract conveyed in Volume 2967, Page 268, said point being the most westerly southwest corner of that 9.737 acre tract of land conveyed to Farmers Electric Cooperative, Inc., as recorded in Document No. 97-0011472, Collin County Deed Records, said point being in the east line of that 7.424 acre tract of land conveyed to Deborah D. Sorrells as recorded in Volume 4699, Page 35, Collin County Deed Records; THENCE along the south line of said 9.737 acre tract as follows: South 78 degrees 05 minutes 49 seconds East, 419.07 feet to a one-half inch iron rod found for corner; Ordinance#2004-34 Annexation Kreymer Tract 4 North 11 degrees 59 minutes 51 seconds East, 235.02 feet to a one-half inch iron rod found for corner; South 78 degrees 06 minutes 23 seconds East, 899.29 feet to a PK nail set for corner, said point being in the approximate center of Stone Road ( a prescriptive use right-of-way); THENCE along the approximate center of Stone Road as follows: South 01 degrees 13 minutes 27 seconds East, 566.32 feet to a PK nail set at the southeast corner of said 4.00 acre tract, said point being in the east line of said 46 acre tract; South 01 degrees 55 minutes 45 seconds East, 867.07 feet to a PK nail set at the southeast corner of said 46 acre tract, said point being in the northeast corner of that tract of land described as Tract No. 4 conveyed to Jessie Glenn Coats, et ux as recorded in Document No. 96-0017642, Collin County Deed Records; THENCE along the south line of said 46 acre tract as follows: South 88 degrees 19 minutes 43 seconds West, 718.94 feet to a three-eights inch iron rod found for corner, said point being the northeast corner of that 6.339 acre tract of land conveyed to Carroll Calvin Holley and Beverly Kay Holley as recorded in Volume 2387, Page 828, Collin County Deed Records; South 88 degrees 23 minutes 23 seconds West, 240.39 feet to a one-half inch iron rod found for corner, said point being the northeast corner of that 9.635 acre tract of land conveyed to Kathleen M. Kerin as recorded in Volume 4770, Page 1994, Collin County Deed Records; South 88 degrees 32 minutes 08 seconds West, 1035.90 feet to a three-eights inch iron rod found for corner, said point being the northeast corner of that 1.995 acre tract of land conveyed to Chad M. Packard and Bethany L. Packard as recorded in Document No. 93- 0093792, Collin County Deed Records; South 87 degrees 55 minutes 00 seconds West, 207.63 feet to a 60d nail found at the southwest corner of said 46 acre tract, said point being the northwest corner of said Packard tract, said point being in the east line of that 9.184 acre tract of land conveyed to John F. Reschke, et ux as recorded in Volume 3389, Page 97, Collin County Deed Records; THENCE along the west line of said 46 acre tract as follows: North 02 degrees 21 minutes 08 seconds West, 245.30 feet to a 60d nail found for corner, said point being the northeast corner of said Reschke tract, said point being the southeast corner of that 12.499 acre tract of land conveyed to John A. Yates, et ux as recorded in Document No. 96-0070802, Collin County Deed Records; Ordinance#2004-34 Annexation Krey mer Tract 5 North 02 degrees 22 minutes 58 seconds West, 437.30 feet to a one-half inch iron rod found for corner, said point being the southeast corner of that 5.00 acre tract of land conveyed to Joe Tolleson, et ux as recorded in Volume 4298, Page 1653, Collin County Deed Records; North 02 degrees 27 minutes 31 seconds West, 109.50 feet to a 60d nail found for corner, said point being the northeast corner of said 5.00 acre tract, said point being the southeast corner of said 14.771 acre tract; North 02 degrees 11 minutes 46 seconds West, 187.64 feet along the east line of said 14.771 acre tract to the POINT OF BEGINNING and containing 2,883,414 square feet or 66.194 acres of land. Ordinance#2004-34 Annexation Krey mer Tract 6 Exhibit "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA KREYMER TRACT ANNEXATION ORDINANCE NO.: 2004-34 DATE OF ANNEXATION ORDINANCE: September 28, 2004 ACREAGE ANNEXED: 66.174 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. Ordinance#2004-34 Annexation Krey mer Tract 7 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. Ordinance#2004-34 Annexation Kreymer Tract 8 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. Ordinance#2004-34 Annexation Krey mer Tract 9 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. Ordinance#2004-34 Annexation Krey mer Tract 10 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. Ordinance#2004-34 Annexation Krey mer Tract 11 WYLIE CITY COUNCIL AGENDA ITEM NO. 1. September 28, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services(NS)Districts to Planned Development(PD)District for mixed uses including retail,multi- family and single-family residential of varied types and densities. Subject property being all of a certain 214.18 acre tract of land generally located in the south corner of South Ballard Avenue (Sachse Road)and Pleasant Valley Road(C.R. 378), being part of a 118.67 acre tract of land deeded to Grove Farm,Ltd., as recorded in Volume 5317,Page 5455 of the Deed Records of Collin County, and Volume 2002250, Page 5070 of the Deed Records of Dallas County, and part of a 38.129 acre tract conveyed to Joy Grove Bruner as recorded in Volume 555, Page 232 of the Deed Records of Collin County, and part of a 38.13 acre tract deeded to Joy Grove Bruner as recorded in Volume 3535, Page 292 of the Deed Records of Collin County and Volume 91100, Page 1278 of the Deed Records of Dallas County, and situated in the Guadalupe De Santos Survey, Abstract No. 1384,City of Wylie, Collin and Dallas Counties, Texas. The applicant is requesting that this request be withdrawn. (Zoning Case No. 2004-17) Background The applicant has requested that this request be withdrawn(see attached letter),in order that the concerns raised by the neighboring property owners and Commission may be adequately addressed. Because the request has been published and neighboring property owners notified in accordance with State law, the Council should open the public hearing to receive citizen comment prior to consideration of the withdrawal. Written responses protesting the proposed change in zoning were received from sixty-three (63)neighboring property owners. Staff has mailed notices to all respondents informing them that the applicant has withdrawn the request. The Planning and Zoning Commission considered the request on September 7, 2004 and recommends denial. Because of the Commission's recommendation that the request be denied, the favorable vote of 75% of all Council members is required to approve the request. - The following report is as submitted to the Planning & Zoning Commission - The subject property totals 214.18 acres, and fronts approximately 3,700 feet along the south/east side of Sachse Road. Approximately 98 acres of the total is within Collin County and the remaining 116 acres is within Dallas County. The property is currently used for farm and pasture crops, and the only development on the property is two residences which face South Ballard Avenue/Sachse Road and several agricultural out-buildings. The subject property was annexed into the City of Wylie in 1986, and most of the property was zoned as Agriculture(A)District. Agriculture is applied as a"holding" classification only until such time as appropriate urban uses are determined for the land. Approximately 30 acres in the intersection of Ballard/Sachse and Pleasant Valley was zoned for commercial uses in 1986, and this tract was rezoned in November of 2001 to Neighborhood Services (NS) with the City-wide revision of the Zoning Ordinance and Map. Properties abutting the subject tract to the west, across Sachse Road, are located within unincorporated Collin County and are sparsely developed in large rural homesteads(not platted,with lots exceeding 5 acres). The platted Colonial Acres subdivision, developed on lots of approximately 1.5 acres and also within the County, is across Sachse Road to the northwest. The Woodbridge golf community(PD 98-15), parent of the subject development, is across Sachse Road to the southwest, and although it has been within the City of Wylie since 1986, the first subdivision in Wylie (Woodbridge Phase 9) was approved in June of 2004. Properties abutting to the south, to the east side of Sachse Road, are 12-acre unplatted rural tracts of which some are divided(without platting) into lots of 1.5 to 6 acres. Property abutting to the northeast, fronting Pleasant Valley Road, is within Collin County and unplatted but developed as rural homesteads and farm land. Property abutting to the east is within the City of Wylie and zoned as Planned Development District (PD 2002-07) for single-family lots of 10,000 square feet, but development has not yet been started. To the southeast,the subject property abuts the floodplain of Muddy Creek, and the Dallas County open space of the Muddy Creek Preserve. The waste-water treatment plant,under construction by the North Texas Municipal Water District, fronts Pleasant Valley Road adjacent to the County Park. The applicant is requesting zoning to a Planned Development District (PD) in order to develop a master-planned community as the extension of the adjacent Woodbridge golf community. The Planned Development District proposes to maintain the south corner of Sachse and Pleasant Valley as a community retail center, although smaller in size than the currently-zoned Neighborhood Services tract. The PD proposal generally applies the Village Center philosophy of the Comprehensive Plan by radiating a variety of residential building types out from the retail core in decreasing densities as the distance increases. The proposal includes multi-family apartments and single-family detached residences (duplexes and townhouses) on lots of 3,000 and 3,500 square feet, and single-family detached residences on lots ranging in size from 4,000 square feet to10,000 square feet. The Conditions of the PD propose to apply the standard requirements of the Zoning Ordinance for those building types which are addressed in the Ordinance (lots of 8,500 square feet or larger, townhouses and apartments), and to provide special development requirements for the building types not currently addressed within the Ordinance(attached duplexes and detached patio homes and lots of 7,200 square feet). The requested Planned Development District includes a Concept Plan which generally delineates the subzones for these several housing types. A Development Plan/Preliminary Plat, conforming to the Conditions and Concept, must be approved for each future phase of this Planned Development District prior to final platting and the initiation of construction. This is now the third section of the Woodbridge community to be zoned within Wylie. The original 512 acres (PD 98-15) included the golf course/clubhouse, a school site and 980 single-family lots ranging in size from 5,500 to 8,400 sq. ft. The Woodbridge Phase 9 Addition, the first to be platted in Wylie, and will create 230 lots of between 5,500 and 7,500 sq, ft. on 49 acres. Woodbridge North, located south of F.M. 544 and west of the high school, was approved as PD 2003-01 totaling 159 acres of mixed uses. That plan allocates 40 acres to commercial uses, and included multi-family apartments, duplexes and townhouses, as well as single-family detached lots ranging from 8,500 to 10,000 sq. ft. The one plat approved in this area to date creates 96 duplexes and 111 townhouses on 28 acres. This development will ultimately extend Country Club Drive(F.M. 1378) south to join the existing Woodbridge Parkway at S.H. 78 in Sachse, and perhaps ultimately to connect through the golf course to Sachse Road and the subject property. As required by State Law, the request was published in the official newspaper of the City of Wylie (Section 211.006.a of the Texas Local Government Code)and notification was mailed to all property owners within the City of Wylie within 200 feet of the request(Section 211.007.c ofthe TLGC). The Commissioners Courts of Collin and Dallas Counties were also provided written notices, and signs were posted on the subject property. At the time of posting, 62 written comments have been received, two favoring the proposal and 60 opposing it. Of this total, 24 comments represent properties within the City of Wylie, and 38 represent properties within the unincorporated Counties. Eight (8) written responses, all opposing the request, are from properties located within the State- prescribed notification area, representing 16.8% of the notification area excluding the Woodbridge golf community (7.9% including the golf community). Financial Considerations Zoning application fee has been paid. Other Considerations 1. State Law (Section 211.004 of the Texas Local Government Code) requires that "zoning regulations must be adopted in accordance with a comprehensive Plan". Wylie's currently- adopted Comprehensive Plan recommends that the entirety of the subject property be developed as low-density Country Residential uses, with lots in excess of one acre each. The proposed rezoning, therefore, does not conform to these recommendations of the current Plan. However, the subject proposal responds to an interpretation of the Comprehensive Plan which was provided by the staff and Planning and Zoning Commission. The Commission is in the process of reviewing the Plan, and especially the validity of the retail Village Center philosophy with its associated and adjacent higher-density residential uses. In April, the Commission unanimously recommended to the City Council that the Village Center concept be applied throughout the remaining unzoned areas of the City and its Extraterritorial Jurisdiction. But from a joint work session held in May, the Council directed the Commission to rethink the Village Center concept with the target of reducing commercial locations and their associated residential densities. The current Commission has expressed support for this latter direction,and is currently considering where these fewer commercial centers should be located. Furthermore, the current Plan and Zoning Map disagree in several areas, and are in need of reconciliation. The existing zoning of the 30-acre corner of the subject property as nonresidential Neighborhood Services (zoned for commercial uses since 1986) also does not conform to the Comprehensive Plan (which was adopted in 1999). 2. Planned Development District(PD)zoning is intended to provide for flexibility and innovation in development projects which achieve the goals of the Comprehensive Plan, rather than serve merely to achieve variances from the adopted requirements of the Zoning Ordinance and other codes. The applicant contends that the unique physical constraints of the property(including its odd configuration, major floodplain, and undevelopable electric power and water corridors) as well as unique opportunities(including single-ownership, excellent regional access and adjacency to the existing Woodbridge development) require the flexibility of a Planned Development. However, the applicant has failed to demonstrate why the density recommendations of the Plan cannot be achieved with straight zoning, and the requested PD appears to be an unjustified attempt to contravene the lower-density goals of the Plan and the development regulations ofthe Ordinance. 3. The proposed Planned Development District will reduce the size of the currently-zoned Neighborhood Service (NS) zoning within the south corner of the intersection of Sachse and Pleasant Valley Roads, from its current 30 acres to 8.3 acres. Such a reduction, if not the total elimination of this potential commercial as recommended by the Comprehensive Plan, complies with the recently-expressed philosophy of the Planning and Zoning Commission and City Council to reduce convenience retail zoning. Without the retail adjacency, the proposal's higher-density residential uses are not justified. General planning philosophy recommends that approximately 5% of a community's total developed land be allocated to commercial uses, and about 5% of Wylie's developed land is currently zoned for such retail/office uses. The requested rezoning of the retail to 8.3 acres represents approximately 4% of the total area covered by the PD, whereas the existing 30-acre tract represents 14.4%of the total PD. Other neighborhood retail zoning is already in place in the vicinity of the subject property, including 12.6 acres at South Ballard Avenue and Alanis Lane, 15.4 acres on County Line Road at the Pheasant Creek Addition, and the commercial Town Center at S.H. 78 and F.M. 544. 4. The proposed Planned Development District will allow as many as 951 dwelling units, or an overall gross density of 6.2 dwellings per acre. If developed as the Country Residential recommended by the Comprehensive Plan, the property could yield approximately 205 single- family lots and dwellings or a gross density approximating one lot per acre. The net yield of the Plan's recommendations, deducting 25%for streets, would be 448 possible lots, or a density of 3.2 lots per acre. The proposal is, therefore, a substantial increase in number of dwelling units and density over the recommendations of the Comprehensive Plan. The proposed single-family alone represents a density of 3.95 dwellings per acre(434 lots on 109.9 acres), or nearly 4 times the recommended density of the Comprehensive Plan. 5. The Planned Development District proposes four detached single-family residential lot types, which correspond to the subarea Tracts of the Concept Plan and which differ in size and development requirements. The Concept Plan of the PD illustrates the locations in which these lot types will be distributed, and the Conditions of the PD establish limits for the number of each building type. Tract S-1, or Type S-1 lots, must be not less than 10,000 square feet in area, are limited to 78 or 18% of the total 434 detached lots. S-2 lots must be a minimum of 8,500 square feet in size, and can comprise not more than 23% of the cumulative total or 100 lots. S-3 lots shall be a minimum of 7,200 square feet, and cannot total more than 90 lots or 20.7%of the total single-family detached lots. Type PH lots are to accommodate patio houses on 4,000 square feet lots, and are limited to166 lots or 38% of the total. Each of these housing types will be developed to differing regulations as provided by the Conditions of the Planned Development District. a. Tract S-1 is 27.4 acres and is to accommodate 78 dwellings, or a density of 2.9 units per acre. S-1 lots shall comply fully with both the standard dimensional and development design requirements of Section 3.2.0 of the Zoning Ordinance governing Suburban Residential Single Family 10 SF-10/19) District. b. Tract S-2 will provide 100 lots on 30.9 acres,for a density of 3.2 units per acre. S-2 lots shall comply with the standard dimensional requirements of Section 3.3.A ofthe Zoning Ordinance governing Village Residential Single Family 10 SF-8.5/17) District, but shall follow the modified design standards proposed by the PD (see no. 7 below). c. Tract S-3 is proposed to provide 90 lots of 7,200 sq. ft. on 24.2 acres, or a density of 3.7 units per acre. Lots in Tract S-3 shall comply with the following dimensional requirements, and shall comply with the modified design standards proposed by the PD (see no. 7 below). Development Proposed Required Minimums Required Minimums Condition PD Requirement for current SF-8.5/17District for previous SF-3 Dist. Dwelling Size 1,500 sq. ft. nun. 1,700 sq. ft. 1,100 sq. ft. Lot Area 7 200 sq. ft. nun. 8,500 sq. ft. 7,200 sq. ft. Lot Width 60 ft., 70 ft. 60 ft. 50 ft. on curves Lot Depth 110 ft. 100 ft. 100 ft. Front Yard 20 ft. 25 ft. 25 ft. Side Yard 5 ft. 7 ft. 6 ft. Side Yard, 15 ft. 25 ft. 20 ft. Corner Lot Rear Yard 20 ft. 25 ft. 25 ft. The current Zoning Ordinance has no provision for single-family detached lots smaller than 8,500 sq. f t. The proposed widths of the S-3 lots are the same as the 7,200 sq. ft. lots of the SF-3 District of the previous Ordinance, although all setbacks are proposed to be smaller than either the previous or current regulations of the Zoning Ordinance. The minimum dwelling size of 1,500 sq. ft. proposed by the PD is smaller than the 1,700 sq. ft. required by the current Ordinance but significantly larger than previously required. d. The current Zoning Ordinance makes no provision for patio homes, but treats them either as duplexes or detached SF-8.5/17 depending on their design. The proposed Tract PH allows 166 individual lots/dwellings on 27.4 acres or a density of 6.1 lots per acre. PH lots shall comply with the following dimensional requirements, and shall comply with the modified design standards proposed by the PD (see no. 7 below). Development Proposed Required Minimums Required Minimums Condition PD Requirement for previous 2F(duplex) District for previous SF-3 Dist. I)wellingSize 1,300 sq. ft. nun. 900 sq. ft. 1,100 sq. ft. Lot Area 4,000 sq. ft. nun. 4,250 sq. ft. 7,200 sq. ft. Lot Width 40 ft. 40 ft. 60 ft. Lot Depth 100 ft. 100 ft. 100 ft. Front Yard 15 ft. 25 ft. 25 ft. Side Yard 0 — 3 ft. or one side, 6 ft. 6 ft. 7 — 10 ft. on the other Side Yard, 15 ft. 20 ft. 20 ft. Corner Lot Rear Yard 20 ft. 25 ft. 25 ft. The proposed size and dimensions of Type PH lots compare favorably to the Two-Family (2F, duplex)regulations of the previous Zoning Ordinance. The minimum dwelling size of 1,300 sq. ft. proposed by the PD is larger than both the 900 sq. ft. allowed by the previous 2F and the 1,100 sq. ft. of the previous smallest detached residence. e. The Townhouse lots in Tract TH shall comply fully with the standard dimensional requirements of Section 3.3.B of the Zoning Ordinance governing the Townhouse (TH) Village Residential District, and shall comply with the modified design standards proposed by the PD (see no. 7 below). f The current Zoning Ordinance categorizes duplexes as townhouses and other attached single- family dwellings. Tract DH is 10.8 acres and may accommodate 124 lots, reflecting a potential density of 11.5 dwellings per acre. HD lots shall comply with the following dimensional requirements, and shall comply with the modified design standards proposed by the PD (see no. 7 below). Development Proposed Required Minimums Required Minimums for Condition PD Requirement for current Townhouse/Duplex previous SF-A (attached) District District Dwelling Size 1,000 sq. ft. nun. 1,200 sq. ft. 900 sq. ft. Lot Area 3,500 sq. ft. nun. 3,000 sq. ft. 4,250 sq. ft. Lot Width 30 ft. 30 ft. 24 ft. Lot Depth 100 ft. 100 ft. 100 ft. Front Yard 15 ft. 15 ft. 25 ft. Side Yard 0 — 3 ft. or one side, 0 or 5 ft., 10 ft. 7 — 10 ft. on the other 10 ft between dwellings Side Yard, 15 ft. 15 ft. 25 ft. Corner Lot Rear Yard 20 ft. 25 ft. 20 ft. The proposed lot regulations for the duplexes compare favorably to the current Townhouse/Duplex requirements, except that the proposed dwelling size is smaller. 6. The Planned Development District provides that alleys not be required in Tracts S-1 (10,000 sq. ft. lots), PH(4,000 sq. ft. patio home lots), TH(townhouses) and MF (apartments). Alleys will be required in Tracts S-2 (8,500 sq. ft. lots), S-3 (7,200 sq. ft. lots) and DH(duplexes). Section 3.2.B of the Subdivision Regulations requires alleys in all residential districts within the City of Wylie, and the City Council has recently reaffirmed this requirement by denial of requests that alleys be waived in new developments. However, alleys are not provided in the existing Woodbridge development within Sachse,nor are alleys required within the recently-approved Woodbridge North PD within Wylie. The existing developments in the vicinity of the subject property, including Colonial Acres within the County and Twin lakes within Wylie do not have alleys. It is also not appropriate to provide alleys for lots which back onto thoroughfares, major utility easements or open space as much of the proposed development will do. Nor are alleys appropriate in developments with private streets and common parking as are proposed for Tracts TH and MF of the PD. The code does not require that alleys be used for rear vehicular access, and they serve limited functions and must be maintained and replaced by the City. Staff recommends that alleys not be required for lots of 10,000 square feet or larger because such lots can accommodate garages, which do not face the front street, although the proposed Planned Development District does not provide for limiting street-facing garages. 7. The Planned Development District proposes to revise the standard Suburban Residential development requirements of the Zoning Ordinance as follows for Tracts S-2 (8,500 sq. ft. lots), S-3 (7,200 sq. ft. lots, as well as Patio Homes, Townhouses, and Multi-family apartments. Required and Desired Elements not modified shall be required. Residences in Tract S-1 (10,000 sq. ft. lots) will comply with the standard regulations of the Ordinance. Design Proposed Required Minimums Element PD Requirement of the Zoning Ordinance Land Design Required to attain 30 points Required to attain 45 points 6 ft. and 8 ft. concrete trails 4 ft. walk (8 ft. trail gets points), Pedestrian Linkages connecting neighborhoods to open open space connections every 10 lots space Street& Sidewalk Required to attain 55 points Required to attain 55 points 20% w/in Tracts S-1, S-2 and S-3, Curvilinear Streets other Tracts have private 20% streets/access easements Entry Features 50 ft. long landscaped median 200 ft. long landscaped median w/in 80 ft. ROW w/in 100 ft. ROW Sidewalks 6 ft. meandering w/in parkway of Both sides of all streets continuous, collector street Wider gets points Screening of Back 6 ft. masonry along thoroughfares, 6 ft. masonry wall, no landscape Yards plus 10 ft. landscape buffer (no yards backing get points) Yard Trees 1 /lot, evenly spaced 1 /lot, evenly spaced Architectural Required to attain 30 points Required to attain 30 points Exterior Walls 75% masonry 100% masonry Plan/Facade ' Repeat plan& elevation, if visibly No adjacent repeat of plan, Repetition different, skip 4 lots + gets points skip 4 lots to repeat same elevation Porches "Encouraged" 20 sq. ft. requires, points for larger Roof Pitch 6:12 8:12, (dormers or gables get points) The major reductions from the standard requirements of the Zoning Ordinance which are proposed by the Planned Development District include limited sidewalks and accent paving, as well as lower roof pitches, no porch and less repetition of similar floor plans and front elevations. Design elements which are increased by the PD include open space adjacency and trail/connector amenities, as well as landscaping associated with perimeter screen wall. 8. The Planned Development District proposes a 100 feet wide divided thoroughfare to connect Sachse Road to Pleasant Valley, in order to expedite regional traffic flow toward the Bush Tollroad (S.H. 190) to the southeast. It is proposed that local streets provide 27 feet of pavement. The City Thoroughfare Design Standards require the regional thoroughfare to be 120 feet right-of-way and the local streets to provide 31 feet of pavement within 50 feet of rights-of- way, and the City Engineer recommends maintaining these standards rather than those proposed by the PD. 9. The Planned Development District proposes that engineering design for the development be credited toward payment of perimeter street fees. Engineering costs are an anticipated cost of private development which should not be subsidized by the City, and the City Engineer recommends that no development fees be waived or substituted. The City of Wylie does not currently impose perimeter street fees of roadway impact fees, but should the City decide to do so in the future the wording that fees may be credited could jeopardize collection of such fees at platting for future phases of the development. 10. The Planned Development District proposes that stormwater not be required to be detained on site, but discharged into Muddy Creek. On-site detention of predevelopment levels of runoff is required, and discharges into Muddy Creek will require a basin-wide study as well as intergovernmental agreements, and the City Engineer recommends that on-site detention be required according to current regulations. 11. The planned Development District proposes floodplain along Muddy Creek and the electric transmission corridor be dedicated as public park land, and that these donations along with the trail improvements satisfy the City park land dedication requirements. The Park Land Dedication Ordinance prohibits floodplain and utility easements from counting toward required dedication, and the City Council has recently reaffirmed this policy by denying the donation of Muddy Creek floodplain and reservoir as public park land by another applicant. Park department staff recommends compliance with the Dedication Ordinance by appropriate land or fund in lieu of land. However, the subject property does abut the Muddy Creek corridor and Dallas County Park and Nature Preserve, and appropriate connection of the development to these recreational resources is encouraged, although open space should not be considered as justification for higher densities. 12. The surrounding property, although within unincorporated Collin and Dallas Counties, has historically developed as larger rural homesteads, and the proposal does not reflect the character of existing development. However, these larger rural lots are in part required in order to accommodate the septic systems on individual lots, because of unavailability of a central sewage treatment system. On-site septic is increasingly becoming inadequate to treat even sparsely clustered rural housing, and quality sewage treatment facilities are increasingly important (especially those located within the drainage basins of the water supply of the Dallas Metroplex communities as is this project). Adequate sewage treatment through the City system is now available to the subject property and the proposed development will be incorporated into Wylie's system. Proper utility development of the subject property may encourage improvements to neighboring properties and even ultimately the annexation and urbanization of the areas with adequate central utilities. 13. On August 31, the applicant hosted a workshop to discuss the proposed development plans with property owners surrounding the subject property. Board/Commission Recommendation At the September 7, 2004 meeting, the Planning and Zoning Commission voted 5-0 to recommend denial of Zoning Case 2004-17. Because of the Commission's recommendation for denial, State law requires a favorable vote of 75% of all Council members in order to approve the request. Staff Recommendation Denial. The proposal does not comply with the recommendations of the Comprehensive Plan that no lots should be smaller than an acre, and the higher-densities are not compatible with existing development within the immediate vicinity. The special Conditions of the Planned Development District do not justify the proposed degree of modification from the standard requirements of the Zoning Ordinance, and the PD provides little innovation or added value. The request should be revised to provide overall densities closer to those recommended by the Comprehensive Plan and neighboring development. Attachments Applicant's letter requesting withdrawal Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 2. September 28, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture (A) District and Neighborhood Services (NS) District to Planned Development (PD) District for single-family residential development of varied densities. Subject property being all of a certain 185.1449 acre tract of land generally located west of FM 544 at Vinson/County Line Road,being part of a tract of land conveyed by deed to Mrs.Thelma Rice by Lone Star Boat Co.,as recorded in Volume 561,Page 226 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and situated in the E.M. Price Survey, Abstract No. 725, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberny Survey,Abstract No. 1099,and the William Sutton Survey,Abstract No. 860, City of Wylie,Collin County,Texas and the E.M.Price Survey,Abstract No. 1114,Dallas County,Texas. (Zoning Case No. 2004-19) Background Annexation of the subject property into the City of Wylie is also on the current agenda. The annexation must be accepted prior to the Council considering any action concerning the subject rezoning request. This request was considered by the Planning and Zoning Commission on September 7,2004, and the following communiqué incorporates changes recommended by the Commission and subsequently submitted by the applicant. The property totals 185.145 acres,and is currently undeveloped farm and pasture lands(except for an older, abandoned wood frame residence to the extreme southeast of the property). Approximately 170 acres of the total is within Collin County and the remaining 15 acres is within Dallas County. The subject property fronts 2,138 feet along the west side of South Stone Road(old F.M.544 South) and 1,325 feet along Vinson Road on its south. Properties abutting the subject tract to the west are sparsely developed in large rural homesteads (not platted, with lots larger than 5 acres), and properties to the southwest are the one-acre lots of the platted Twin Creek Ranch Estates subdivision. Properties to the east across old F.M. 544 South are also unplatted but developed in large rural homesteads. The corner to the south between Vinson and County Line Roads is zoned for Neighborhood Services (NS) retail but is undeveloped, and other properties to the south across Vinson is zoned Manufactured Housing (MH) and has been platted and is developing as the expansion of the Redwood-on-the-Lake Mobile Home Park The applicant previously requested annexation and zoning of the subject property into several straight zoning district classifications in order to create a Village Retail Center,created by the realignment of Alan is Lane,as well as associated residential uses of varied building types and densities. The Planning and Zoning Commission recommended denial of that request on May 18,2004,and the annexation and zoning requests were both subsequently withdrawn by the applicant. The same applicant is now requesting annexation and zoning to a Planned Development District(PD) in order to allow only single-family detached residences(lots of 8,500 and 10,000 square feet). The proposed development will comply fully with the standard development requirements of the Zoning Ordinance. The PD provides a Concept Plan generally delineating two(2)subzones for distribution of housing types. A Development Plan/Preliminary Plat must be approved for each future phase of this Planned Development District,prior to final platting and the initiation of construction. As prescribed by State Law,the request was published in the official newspaper of the City of Wylie (Section 211.006.a of the Texas Local Goverment Code)and notificationwas mailed to all property owners within the City of Wylie within 200 feet of the request(Section 211.007.c of the TLGC). The Commissioners Courts of Collin and Dallas Counties were also provided written notices,and signs were posted on the subject property. At the time of posting,two (2)written comments have been returned,both expressing opposition to the request. Both responses represent properties within the County,but one property is within the notification area. This response requires only a simple majority of the Council for action. Financial Considerations Zoning application fee has been paid. Other Considerations 1. The currently-adopted Comprehensive Plan recommends that approximately the southern two- thirds(72.3%)of the subject property be developed as medium-density SubunbanResidentialuses (accommodating lots of 10,000 square feet or larger)and that the northern one-third(27.7%)be developed as low-density Country Residential(with lots in excess of one acre each). The existing Comprehensive Plan recommends that the 0.3 acre of Neighborhood Services(NS)zoning(zoned as such since 1985)be developed for large-lot residential uses. The proposed rezoning does not conform to these recommendations of the current Plan. 2. Planned Development District(PD)zoning is intended to provide for flexibility and innovation in development projects which achieve the goals of the Comprehensive Plan, rather than serve merely to achieve variances from the adopted requirements of the Zoning Ordinance and other codes. The applicant has failed to demonstrate why the density recommendations of the Plan cannot be achieved with straight zoning, and the requested PD appears to be an unjustified attempt to achieve a higher density than the goals of the Plan. 3. The proposed Planned Development District will remove the existing Neighborhood Service(NS) zoning from the 0.35 acre(+/-15,245 square feet)tract within the south corner of the intersection of Vinson and County Line Roads, and replace it with a single-family residence. The Planning and Zoning Commission is currently reviewing the philosophy of the Comprehensive Plan,and is considering a reduction in the Village Center retail and associated higher-density residential of the Plan. The proposed rezoning achieves a reduction in such convenience retail districts. General planning philosophy recommends that approximately 5%of a community's total developed land be allocated to commercial uses,and about 5%of Wylie's developed land is currently zoned for such retail/office uses. Such retail zoning is already in place in the vicinity of the subject property (although not yet developed): including 15.4 acres on County Line Road at the Pheasant Creek Addition:30 acres at South Ballard Avenue/Sachse Road and Pleasant Valley Road:and 10 acres at Troy Road and Collins Boulevard within the Bozman Farms Village Center. 4. The proposed Planned Development District will allow a maximum of 600 single-family lots and dwellings, or an overall gross density of 3.2 hots per acre. If developed as recommended by the Comprehensive Plan, with approximately 27.7% Country Residential and 72.3% Suburban Residential, the property could yield as many as 627 single-family lots (with Suburban lots of 10,000 sq,ft.)or as few as 332 hots(with Suburban lots of 20,000 sq.ft.),or a gross density of 3.4 or 1.8 lots per acre respectively. The proposed PD represents an increase in number of lots (between 27 and 268 additional lots, depending on size) as well as density above the recommendations of the Comprehensive Plan. 5. The Planned Development District proposes to permit the same uses as currently permitted by the Zoning Ordinance for the Single Family 8.5/17 (SF-8.5/17) District, except that Day Care Facilities and Retirement/Nursing/Assisted Living Facilities shall be allowed by right without need for a Specific Use Permit any where within the PD. 6. The Planned Development District proposes two lot types, which differ from development requirements of the current Zoning Ordinance. The PD provides no plan or criteria where these lot types will be located, and the distribution will be as determined by future Development Plans/Preliminary Plats for each phase of the development. At least 35%of the total lots within the PD must not be less than 10,000 square feet in area(Type A). No lots shall be smaller than 8,500 square feet(Type B),and these may comprise not more than 65%of the cumulative total lots. a. Type A lots shall comply with the following modified dimensional requirements of Section 3.2.C of the Zoning Ordinance. The following compares the standard requirements of the ZO with those of the PD. Development Proposed Required Minimums Condition Requirement For SF-10 District Dwelling Size 2,000 sq. ft. min. 1,900 sq. ft. min. Lot Area 10,000 sq. ft. min. 10,000 sq. ft. min. Lot Width 70 ft. 75 ft. Lot Width for Corner 75 ft. 90 ft. Lots Main Residence- 25 ft. 25 ft. Front Yard Main Residences— 10%of lot width 10 ft. Side Yard +l-7 ft. Main Residence— 15 ft. 25 ft. Side Yard, Corner Lot Main Residence— 20 ft. 25 ft. Rear Yard Accessory Structures 5 ft. 5 ft. Side Yard Accessory Structures 10%of lot width 10 ft. +/-7ft. Rear Yard The Planned Development District proposes Type A lots(10,000 square feet)have a narrower lot width(70 feet compared to 75 feet) and smaller side and rear yard setbacks than the standard regulations of the Zoning Ordinance. The minimum dwelling size of 2,000 square feet proposed by the PD is larger than the 1,900 square feet required by the Zoning Ordinance. b. Type B lots shall comply with the follow ing modified dimensional requirements of Section 3.3.A of the Zoning Ordinance. Development Proposed Required Minimums Condition Requirement for SF-8.5 District Dwelling Size 1,900 sq ft.min. 1,700 sq ft.min. Lot Area 8,500 sq. ft. min. 8,500 sq. ft. min. Lot Width 65 ft. 70 ft. Lot Width for 70 ft. 75 ft. Corner Lots Main Residence- 20 ft. 25 ft. Front Yard Main Residences— 10%of lot width 7 ft. Side Yard +/-6.5 ft. Main Residence— 15 ft. 25 ft. Side Yard,'Corner Lot Main Residence 20 ft. 25 ft. Rear Yard The proposed Type B lots (8,500 square feet) are to have a narrower muvmum width(65 feet rather than 70 feet)and smaller front,side and rear yard setbacks than the standard regulations of the Zoning Ordinance. The minimum dwelling size of 1,700 square feet proposed by the PD is larger than the 1,900 square feet required by the Zoning Ordinance. 7. The Planned Development District proposes to comply with both the Base and Desired development requirements of the Zoning Ordinance with the following exceptions: Design Proposed Required Minimums Element PD Requirement of the Zoning Ordinance Garage Doors None facing front street, Front-facing allow ed with off-set, All J or swung none facing street gets points Perimeter screening Landscaped earthen berm with 6 ft. high, decorative or solid decorative split rail fence wall The only change from the standard requirements of the Zoning Ordinance which is proposed by the Planned Development District a landscaped berm to substitute for perimeter screen wall,and no garages will face the front street(which achieves points in the ZO). 8. The Planned Development District provides that alleys not be required. Section 3.2.B of the Subdivision Regulations requires alleys in all residential districts within the City of Wylie and its Extraterritorial Jurisdiction, and the City Council has recently reaffirmed this requirement by denial of requests that alleys be waived in new developments. However,staff continues to recommend that alleys not be required for lots of 10,000 square feet or larger because such lots can accommodate garages which do not face the front street,such as is required by the Planned Development District. Alleys are not provided in the existing rural developments abutting the subject property. It is not appropriate to provide alleys for lots which back onto thoroughfares(such as F.M. 544 and Vinson)nor to open spaces(such as the proposed park and greenbelt of the electric transmission corridor). The code does not require that alleys be used for rear vehicular access, and they serve limited functions and must be maintained and replaced by the City. 9. The proposal provides for the realignment and improvement of Elm Drive, a local street which transects the property in an east/west direction. This corridor was recently removed as a collector from the Thoroughfare Plan in favor of Alanis Lane. The proposed realignment will enhance east/west traffic flow to some degree, as well as provide some relief to traffic congestion along South F.M. 544,which is currently the only major route completely through of this area. However, the current proposal does not provide for a realignment of Alanis Lane through the subject property,as did the previous proposal for rezoning the property. Alanis,recommended on the Thoroughfare Plan to be a six lane divided collector,must now be accommodated(both right-of-way and construction)entirely by the 50-acre Hood property to the north. Direction is required from the Council concerning the future alignment of Alanis. 10. The Planned Development District proposes to provide a transition from the smaller lots proposed within the PD to the existing larger lots within the Twin Creek Ranch Subdivision and the Pulliam residence to the north by limiting the lots which back onto this property line to 10,000 square feet and dwellings to 2,000 square feet as well as the maintenance of trees for visual screening. The Comprehensive Plan recommends that lots along the south to be 10,000 sq.ft.or larger and to be at least an acre along the north and such larger lots and residences would better conform to the existing development trends which this stipulation recognizes than does the limited transitional zone proposed by the PD. 11. The Planned Development District proposes to provide an appropriate site for a future elementary school should the Wylie Independent School District be interested. WISD had earlier expressed interest in a site within the subject property, and the applicant's previous proposal identified a potential site. The PD establishes no special stipulations for acquisition of the school site. 12. Although the legal description of the overall subject property as well as the individual Tracts does close geometrically, the survey identifies potential conflicts of ownership along the exterior boundary in at least two locations(the western boundary north of the Elm Drive curve and along the south boundary fronting Vinson Road). These discrepancies must be reconciled prior to platting, and may require legal action or arbitration. 13. The surrounding property, although within unincorporated Collin and Dallas Counties, has historically developed as larger rural homesteads,required primarily in order to accommodate the septic sewerage systems on individual lots because of the previous unavailability of a central sewage treatment system. On-site septic is increasingly inadequate to treat such housing clusters and quality sewage treatment facilities are important especially for areas located within the drainage basins of the water supply of the Dallas Metroplex communities. The proposed development will be incorporated into Wylie's system,and development of the subject property may encourage improvements to neighboring properties and even ultimately the annexation and urbanization of the areas with adequate utilities. Board/Commission Recommendation At the September 7, 2004 meeting, the Planning and Zoning Commission voted 5-1 to recommend approval of Zoning Case 2004 19,subject to prior annexation of the property into the City of Wylie and subject to the following stipulations to be incorporated into the Planned Development Conditions: • That no lots be smaller than 8,599 sq.ft.and that at least 35%be 10,000 sq.ft.or larger: • That the standard requirements of the SF 8.5 Village Residential District of the current Zoning Ordinance be complied with fully without modification, except that no garages shall face the street and an earthen berm with landscaping and split rail fence shall substitute for the required perimeter screen wall:and • That the proposed transition zone of deeper lots and vegetative screening proposed along the south boundary at the Twin Creek Ranch Estates also be required along the north boundary at the Pulliam property. These stipulations have been incorporated into the attached Conditions of the Planned Development District as well as this communique. Staff Recommendation Denial. The proposed decrease in lot sizes and increase in residential density does not comply with the recommendations of the adopted Comprehensive Plan. The special Conditions of the Planned Development District provide little change from the standard requirements of the Zoning Ordinance and the PD is therefore not justified. Attachments Ordinance with Conditions of the Planned Development District Zoning Exhibit illustrating residential density areas Location Map Notification List and Map,with Responses Prepared by Reviewed by Finance City Manager Approval 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 2004-19, TO PLANNED DEVELOPMENT(PD)DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENT OF VARIED DENSITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie,Texas,in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended: NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be,and the same is hereby,amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of Planned Development (PD) District for residential uses in accordance with development requirements described in the Conditions described in Attachments`B" and"C", attached hereto and made a part hereof, said property being described in Exhibit"A". 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 HOW exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance,or parts thereof,by the enactment of this Ordinance,shall not be construed as abandoning any action now pending under or by virtue of such ordinance:nor shall it have the effect of discontinuing,abating,modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2004. By John Monde,Mayor ATTEST: Carole Ehrlich,City Secretary Exhibit"A" Legal Description Zone Change#2004-19 BEING a 185.1449 acre tract of land situated in the E.M. Price Survey,Abstract No. 725, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey,Abstract No. 860, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114,Dallas Cormty, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561,Page 226,Deed Records, Collin County,Texas(D.R.C.C.T.) save and except parcels take for road rights-of-way and being more particularly described as follows: BEGINNING at a '/2" iron rod found for corner and being the intersection of the Westerly line of said 134.33 acre tract of land with the Northerly line of Vinson Road(a 60'ROW) said intersection point being at the most easterly corner of Twin Creeks Estates, an addition to the City of Wylie, recorded in Volume 72,Page 808,Map Records,Dallas County,Texas: THENCE N 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the Easterly line of said Twin Creek Estates, a distance of 1276.47 feet to a'/2"iron rod found for corner: THENCE N 47 degrees 43 minutes 58 seconds West, continuing along said old fence line,and on said Twin Creek Estates easterly line, a distance of 360.95 feet to a'/2"iron rod found for corner: THENCE northwesterly, along an old fence line, the following three(3)calls: 1. THENCE N 47 degrees 01 minutes 33 seconds West,a distance of 218.23 feet to a'/z" iron rod found for corner: 2. THENCE N 47 degrees 31 minutes 52 seconds West,a distance of 404.96 feet to a'/z" iron rod found for corner: 3. THENCE N 47 degrees 18 minutes 48 seconds West,a distance of 327.40 feet to a'/z" iron rod found for corner and being the most northerly corner of a tract of land conveyed by deed to Larry Morgan,recorded in Volume 1449,Page 264,D.R.C.C.T.: THENCE S 48 degrees 28 minutes 56 seconds West, along a new fence and remains of old fence, and the Northwesterly line of said Larry Morgan tract of land, a distance of 262.83 feet to a 3/8" iron rod found for corner: THENCE S 34 degrees 24 minutes 05 seconds West, continuing on a new fence line and the Northwesterly line of said Lam Morgan tract of land to a point in an old fence line, a distance of 115.79 feet to a '/"iron rod set for corner: THENCE northerly, along an old fence line and along the meanderings of a creek bluff the following nine(9)calls: 1. THENCE N 16 degrees 10 minutes 57 seconds West,a distance of 184.51 feet to a 3/8" iron rod found for corner: 2. THENCE N 10 degrees 56 minutes 33 seconds East, a distance of 60.71 feet to a 3/8" iron rod found for corner: 3. THENCE N 14 degrees 46 minutes 10 seconds West,a distance of 37.08 feet to a 3/8" iron rod found for corner: 4. THENCE N 26 degrees 15 minutes 15 seconds West,a distance of 200.07 feet to a 3/8" iron rod found for corner: 5. THENCE N 23 degrees 31 minutes 48 seconds West,a distance of 56.70 feet to a 3/8" iron rod found for corner: 6. THENCE S 79 degrees 02 minutes 43 seconds West, a distance of 98.71 feet to a'/2"iron rod set for corner: 7. THENCE N 14 degrees 51 minutes 31 seconds West,a distance of 228.87 feet to a'/z" iron rod set for corner: 8. THENCE N 03 degrees 51 minutes 19 seconds W,a distance of 77.26 feet to a'/2"iron rod set for corner: 9. THENCE N 01 degrees 22 minutes 06 seconds E, a distance of 120.14 feet to an 18"Elm tree found for corner also serving as fence corner and being a point on the southerly line of said D. W. Williams Survey: THENCE easterly,along an old fence line, along the South line of said D.W. Williams Survey, the following four(4)calls: 1. THENCE S 89 degrees 46 minutes 03 seconds E, a distance of 659.55 feet to a'/z inch iron rod set for corner: 2. THENCE S 89 degrees 51 minutes 16 seconds E, a distance of 212.12 feet to a'/inch iron rod found for corner: 3. THENCE S 89 degrees 38 minutes 47 seconds E, a distance of 1135.88 feet to a 3/8" iron rod found for corner: 4. THENCE S 89 degrees 56 minutes 14 seconds E, a distance of 168.67 feet to a'/2"iron rod found for corner: THENCE North a distance of 532.51 feet to a '/2" iron rod found for corner: THENCE S 88 degrees 01 minutes 19 seconds E, a distance of 19.78 feet to a 3/8"iron rod found for corner and being a point in a Public road: THENCE North a distance of 1786.75 feet to a '/2" iron rod found for corner and being a point on the South line of the A. Atterberry Survey, Abstract No. 23, said point also being the Northeast corner of a tract of land conveyed by deed to Darlene Ceilley, recorded in Volume 5020,Page 2287, and also being in a tract of land conveyed by deed to Michael Hood, recorded in County Clerk's File No. 95-0056731,D.R.C.C.T.: THENCE East along the South line of said A. Atterberry Survey, and along the south line of said Hood tract of land, a distance of 1220.11 feet to a'/z"iron rod found for corner, and being a point on the Westerly line of Farm to Market Road 544 (a 90' ROW): THENCE along the westerly line of said Farm to Market Road 544 the following eight(8)calls: 1. THENCE S 04 degrees 31 minutes 19 seconds E,passing a wooden right-of-way marker at a distance of 208.24 feet and continuing for a total distance of 21190 feet to a '/z"iron rod set for corner and being the beginning of a non-tangent curve to the right haying a central angle of 04 degrees 57 minutes 44 seconds,a radius of 2819.79 feet and a chord which bears S 02 degrees 02 minutes 28 seconds E, a distance of 244.14 feet: 2. THENCE southeasterly, along the said curve to the right, a distance of 244.21 feet to a '/2" iron rod found for corner and being the end of said curve: 3. THENCE S 00 degrees 28 minutes 42 seconds W, a distance of 1217.75 feet to a'/z"iron rod set for corner: 4. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 108.89 feet to a 3/8" iron rod found for corner and being the beginning of a cutback line in said Farm to Market 544 westerly line: 5. THENCE S 44 degrees 16 minutes 48 seconds W, a distance of 37.41 feet to a'/z" iron rod set for corner: 6. THENCE S 00 degrees 52 minutes 55 seconds E,passing the common property line of said 134.33 acre and 53.42 acre at a distance of 20.00 feet and continuing for a total distance of 40.00 feet to a'/z"iron rod set for corner: 7. THENCE S 44 degrees 27 minutes 55 seconds E, a distance of 38.48 feet to a'/z"iron rod set for corner: 8. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 1926.55 feet to a '/z"iron rod set for corner: THENCE S 48 degrees 20 minutes 46 seconds W, a distance of 65.70 feet to a'/z"iron rod set for corner: THENCE N 88 degrees 30 minutes 46 seconds E,a distance of 133.60 feet to a'/z"iron rod set for corner and being a point on a County Public Access Road: THENCE S 47 degrees 02 minutes 55 seconds E, along said County Public Road, a distance of 136.82 feet to a '/2" iron rod set for corner: THENCE S 89 degrees 59 minutes 18 seconds W, along the North line of a tract of land conveyed by deed to Bill Kreymer in Volume 222,Page 423 of the Deed Records,Dallas County, Texas, a distance of 372.73 feet to a'/z"iron rod set for corner: THENCE S 36 degrees 59 minutes 18 seconds W, along the Northwesterly line of a dedicated portion of Vinson Road and the Northwesterly line of said Kreymer tract of land,a distance of 1094.11 feet to a '/2" iron rod set for corner and being the Northwesterly corner of said Bill Kreymer tract of land and the Southwesterly corner of said 134.33 acre tract of land: THENCE N 46 degrees 12 minutes 49 seconds W, crossing Vinson Road,a distance of 175.74 feet to the POINT OF BEGINNING and containing 8,064,912 square feet or 185.1449 acres of land. Deleted:¶ ExhExhibit`B" Legal D«�»¶ Legal Description¶ CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT zc#2OO4-191j Rice Creek Estates (TO Follow)¶ Zoning Case#2004-19 ¶ Planned Development Requirements: ¶ L Statement of Purpose: The purpose of this Planned Development District is to permit the development of RICE CREEK ESTATES. ¶ ¶ II. Statement of Effect: This Planned Development shall not effect any regulationfound ¶ in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein: ¶ III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts of the current Comprehensive Zoning ¶ Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the ¶ conditions of the current Comprehensive Zoning Ordinance,which are not amended by this Planned Development, shall constitute all the zoning requirements applicable ¶ to this Planned Development. ¶ Page Break Concept Plan: Development shall be in conformance with the Concept Plan attached ¶ herewith:however,in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling touts permitted in this Planned Development shall not exceed 600 S.F. Units. 2. Lot Mix: A minimum of 35%of the Single Family Lots will be 10,000 sf or greater.No Single Family lot shall be less than 8,500. For the purposes of determining these percentages,all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 10,000 s.f. b. Lot Type`B": 8,500 s.f. 2. Lot Width: The minimum permitted lot widths(measured at the building line)are: a. Lot Type"A": 70 feet b. Lot Type`B": 65 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type"A": 75 feet b. Lot Type`B": 70 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type"A": 100 feet b. Lot Type`B": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type"A": 120 feet b. Lot Type`B": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted dwelling unit square footages are: a. Lot Type"A": 2,000 s.f. b. Lot Type`B": 1,900 s.f. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type"A": 25 feet b. Lot Type`B": 20 feet 8. Main Structure Side Yard:The minimum permitted side yards(measured at the building line)are: a. Lot Type"A": 10%lot width b. Lot Type`B": 10%lot width 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type"A": 15 feet b. Lot Type`B": 15 feet 10.Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type"A": 20 feet b. Lot Type`B": 20 feet 11.Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type"A": 30 feet b. Lot Type`B": 30 feet 12.Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13.Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 8.5/17 District,except that Day Care Facilities shall be allowed a permitted use without a Special Use Permit. A retirement home, nursing home, and assisted living facility shall be a permitted use without a Special Use Permit on the Property. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10%of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. Single Family Base and Desirable Requirements of the Village Residential District (Figure 3-14) shall apply fully to all phases of the Planned Development. 1.A landscaped berm and split rail fence shall be allowed along FM 544 in place of the required masom-y screening wall. The berm shall be maintained by the HOA. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA,and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VIL Tree Preservation: Toward the goal of preserving as many existing trees(8 in.caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25%of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Rice farm,as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm shall be provided along FM 544. The berm shall have a sculpted,undulating form. A conceptual landscape plan to be provided with the Preluninnary Plat. X. Transition Zone:In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south eastern property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,000 sf In an effort to make a land use transition from the existing Pulliam residence north of the Property,the developer shall either: (1)Establish an edge,one lot deep,of lots along the northern property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,000 sf. or(2) Create a thirty foot(30') landscape buffer between the Pulliam property and Rice Creek Estates that will be planted with evergreen trees thirty feet(30')on center along the edge of the property. XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non-dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XIL The Developer of the Rice Creek Estates has met with the Wylie Independent School District and discussed the following terms for an elementary school site in Rice Creek Estates: i. A mutually agreeable site within Rice Creek Estates. ii. The exact size, location, and circulation pattern shall be shown on the Development Plan submittal for that portion of the Planned Development. WYLIE CITY COUNCIL AGENDA ITEM NO. I September 28, 2004 Issue Consider and act upon a request to waive Section 3.2.B of the Subdivision Regulations requiring alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally located east of Troy Road and north of County Line Road, being part of a tract deeded to I. L. Whitsell as recorded in volume 44, Page 204 of the Deed Records of Rockwall County, Texas, and situated in the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County, Texas. Background Section 3.2.B of the Subdivision Regulations states that "Alleys shall be required in all residential districts and shall be constructed in accordance with the adopted Engineering Design Manual. The City Council may waive this alley requirement or part thereof when such is determined to be in the best interest of the City". The subject property was annexed into the City of Wylie on June 8, 2004, and at that time zoned as Agriculture (A) District. The Council subsequently rezoned the property to Single-Family 10 Residential (SF 10/19) District, allowing lots of 10,000 square feet and larger on September 14. The owner/applicant had earlier requested that the requirement for alleys be waived, and that request was denied by the Council on July 27. However, the applicant was not present for the July 27 consideration, and is again requesting that the Council consider waiving the required alleys. Financial Considerations More private development lots (and resulting property tax revenue) can be achieved without alleys. The cost to the City for maintenance and replacement will be eliminated without alleys. Other Considerations 1. The current Subdivision Regulations require that alleys be installed within all residential developments, but does not require that these alleys be used by adjacent lots for vehicular access. The previous Subdivision Regulations also required alleys, but provided varied widths for rights- of-way and pavement depending on whether the alley was used for vehicular access. 2. The Zoning Ordinance discourages garages and access drives which face streets because such drives reduce the carrying capacity of streets and open garages are often unsightly, but does not prohibit street-front entry garages. The alleys required by the Subdivision Regulations are largely intended to provide rear access to garages in support of this Zoning philosophy. However,lots of 10,000 square feet and larger generally provide sufficient space for swing drives and side access to garages, eliminating the need street-front garage openings. 3. The subject property does not immediately abut any developed properties within the City of Wylie. The closest developed property within Wylie is the Pheasant Creek subdivision(still under construction) between Troy and County Line Roads, which includes alleys and has lots of 7,200 square feet. 4. Because of the existing character of lands bordering the subject property, alleys are inappropriate to its perimeter and might be appropriate only for a limited number of interior lots. The property is bounded on the east and southeast by a major electric transmission corridor which cannot be developed and is within the City of Garland corporate jurisdiction. The property abutting on the north is the developed and largely occupied Sunset Ranch Estates rural subdivision which does not provide alleys. Some lots within the proposed development will either side or back onto Troy Road. Because alleys are not appropriate for these locations, staff supports the elimination of alleys. 5. The major functions of alleys are largely accommodated by other development regulations of Wylie's code. Storm water is required to drain to the streets, and only approximately the rear one-third of lots might drain to alleys. Public utilities are located within streets, and private utilities are located in easements within the front yard. Alleys cannot normally be utilized by Fire and other emergency vehicles, and refuse collection trucks require that all houses within a subdivision be served at similar locations (so trash is collected on the front street in subdivision which have any houses not served by alleys). Alleys are constructed by the developer, but are maintained by the City, and maintenance represents the greater portion of their life-cycle cost. For these reasons, staff supports the elimination of alleys in this and other residential subdivisions. 6. The Comprehensive Plan recommends County Residential uses for the subject property, envisioning lots larger than one acre served by rural streets with open drainage. Board/Commission Recommendations N.A. Staff Recommendations Approval. The functions of alleys will be accommodated by other measures, and the addition of alleys requires the expense of City maintenance funds for no significant public goal. The departments of Planning,Engineering,Fire and Public Works concur with this recommendation. Attachments Location Map Applicant's letter requesting waiver Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 4. September 28, 2004 Issue Consider and act upon authorizing the Mayor to execute an Interlocal Agreement between Wylie Independent School District(WISD)and the City of Wylie for Wide Area Network(WAN)Fiber Optic Cable Access. Background The need for expertise in the area of technology has prompted the Wylie Fire Rescue(WFR)to look to the Wylie Independent School District (WISD) for their assistance. The WISD has developed and maintained its own private Wide Area Network(WAN)fiber optic network for five years. As a result, WISD is a clear leader in technology,innovation and the use of fiber optic network information systems. Due to the City of Wylie's large geographic area, currently 42 square miles, and advanced technical communication needs, the WFR in cooperation with WISD drafted an interlocal agreement. This agreement will serve current and future communication needs by providing Nexgen system access points to the WISD(WAN)fiber optic network. The benefit gained by using fiber optic for this purpose would be an information network that is impervious to electromagnetic interference and extremely fast. Additionally, the WISD fiber optic network is privately owned and secure. Currently, in industry, this technology is quickly replacing the use of copper wire for information services. The WISD originally wanted to offer the City access to its fiber optic network, but the City was unable to financially participate at that time. The WFR has recently negotiated an interlocal agreement that addresses technical issues that relate to access to the WISD WAN fiber optic network.Furthermore the fire department believes that through the WISD experience and City participation,will greatly benefit the citizens of Wylie by providing much needed access points at a reasonable cost. The staff believes that this interlocal agreement will continue a relationship with the WISD while integrating technology into the public safety communications and information. Financial Considerations The cost associated with this associated agreement will be paid with a currently secured $27,000.00 communications grant, from Home Land Security, 2004 Urban Area Security Initiative Grant addressing interoperability. The cost will be covered for 21 months by this grant and reviews of the availability other cost effective technology will continue throughout this agreement. The approval of this interlocal agreement for fiber optic cable will begin this process. Other Considerations This agreement has a 60-day termination clause. Staff will reevaluate this contract over the course ofthe next two years. The agreement automatically renews for five years if termination has not commenced during the agreement period. The city is currently negotiating agreements with Verizon that may include WAN and/or services that include fiber optic network access. These negotiations are underway and should conclude in late 2004. Staff Recommendations Staff recommends that the council approve this interlocal agreement WISD WAN fiber optic access. Attachments Interlocal Agreement for Fiber Optic Cable by and Between the City of Wylie, Texas and the Wylie Independent School District Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 5. September 28, 2004 ISSUE Consider and act upon proposals for employee group health insurance,including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. BACKGROUND Competitive proposals have been solicited to provide employee group insurance coverage for the 2005 fiscal year. The RFP instructed the insurance providers to submit quotes based on the same level of benefits provided under the current P.P.O. medical plan and the ancillary dental, life and disability policies. Alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. United Healthcare, represented by Wylie Insurance Agency, was the only provider to submit a proposal for group medical insurance. Other providers declined to submit quotes on medical due to the group's high claims experience during the previous year. The premium rates quoted by United reflect a 12.4% increase which is below the current industry average. The only benefit change is a slight increase in the employee's prescription copay. Dental proposals were submitted by Life Re (the current provider), United Healthcare, Ameritas and Aetna. Aetna, also represented by Wylie Insurance, offered the most favorable rate quote. While the dependent coverage is somewhat higher than the current premium, the employee rate is lower and the cost to the City remains basically the same as the current plan. Proposals for employee life and disability insurance were submitted by United, Aetna and Canada Life,the current provider. Canada Life offered to renew coverage at the current rate and theirs was the lowest quoted rate. Attached is a summary of the recommended plans for group medical, dental and life/disability. FINANCIAL CONSIDERATIONS The operating budget adopted by Council for fiscal 2005 provides adequate funding for the proposed employee group insurance plans. OTHER CONSIDERATIONS Competitive sealed proposals were solicited for group insurance in accordance with Chapter 252 of The Texas Local Government Code. STAFF RECOMMENDATION Staff recommends that Council take the following action: 1. Award the City's group medical insurance coverage to United Healthcare. 2. Award the City's group dental insurance coverage to Aetna. 3. Award the City's group life and disability insurance coverage to Canada Life. ATTACHMENTS Insurance Proposals Prepared by Reviewed by Finance City Manager Approval INSURANCE PROPOSALS UNITED HEALTHCARE MEDICAL PLAN Deductible: In Network (Individual/Family) - $250/$500 Out of Network (Individual/Family) - $500/$1,000 Coinsurance: In Network/Out of Network- 90% / 70%, after deductible Office Copay : $15 Out-of-Pocket: (Individual/Family) - $2,000/$4,000 Maximum Drug Copay: $10 Generic, $25 PDL Brand Name, $50 Non-Preferred Proposed Rates (City pays 100% of employee premium, 50% of dependent.) Employee Spouse Children Family $403.87 $613.88 $278.67 670.43 AETNA DENTAL PLAN Deductible: Preventive - None, Basic/Major - $50 Coinsurance: Preventive- 100%, Basic Svc's- 80%, Major & Ortho- 50% Calendar Yr. Max: $1,500 Proposed Rates (City pays 100% of employee premium, 50% of dependent.) Employee Family $27.54 $50.40 CANADA LIFE PLAN(S) BASIC LIFE, AD&D, LTD Life Benefit Amount: 2XSalary, $200K Max Rate Per $1,000: $.198 LTD Benefit Amount: 60%, 5,000 Max Rate Per $100: $.325 WYLIE CITY COUNCIL AGENDA ITEM NO. 6. September 28, 2004 Issue Consider and act upon a Resolution suspending the effective date of CoSery Gas Ltd requested rate changes. Background CoSery Gas Ltd. (CoServ) has filed a Statement of Intent to change gas rates within all municipalities in the CoSery system, to be effective October 1, 2004. As in the past, the City has the option to continue to join with a coalition of cities affected by the proposed change so that we may negotiate as a single unit. In order to do so, the City must pass a resolution which suspends the effective date for 90 days to evaluate the proposed rates. The Resolution also authorizes the City's cooperation with other municipalities to hire legal counsel. Rate case expenses are reimbursed by CoServ, so it is not anticipated that there will be any assessments for participating cities. If the City does not suspend the effective dates, the proposed rates will automatically go into effect October 1. CoSery serves 1,906 Wylie customers, and the proposed rate is expected to increase the average bill across all of their territory by approximately 7.3%. The proposal will establish a single company-wide rate, replacing 18 different sets of rates. Based on the infoimation provided by CoServ, the requested change will also increase existing miscellaneous service charges, as well as adding new service charges. Other Considerations The Gas Utility Regulatory Act grants local regulatory authorities the right to suspend the effective date of proposed rate changes and authorizes the right to intervene in rate proceedings filed at the Railroad Commission. Financial Consideration Texas Utilities Code 103.022 provides that costs incurred by the Cities in ratemaking activities are to be reimbursed by the regulated utility. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Resolution suspending the effective date of CoSery Gas Ltd requested rate changes. Attachments List of Affected Cities Memorandum from Mark Israelson, City of Plano Resolution#2004-22(R) Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-22(R) RESOLUTION OF THE CITY OF WYLIE SUSPENDING THE EFFECTIVE DATE OF COSERV GAS LTD'S REQUESTED RATE CHANGES TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE COSERV SYSTEM TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; AUTHORIZING INTERVENTION IN THE PROCEEDING AT THE RAILROAD COMMISSION; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY. WHEREAS, on or about August 25, 2004, CoSery Gas Ltd. ("CoServ"), filed with the City of Wylie a Statement of Intent to change gas rates in all municipalities within the CoSery System; and WHEREAS, it is reasonable for the City of Wylie to cooperate with other cities in a review of the Company's application and to coordinate the hiring and direction of legal counsel and consultants and to negotiate with the Company and direct any necessary litigation; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to suspend the effective date of proposed rate changes; and WHEREAS, the Gas Utility Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to intervene in rate proceedings filed at the Railroad Commission. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. That the effective date of the tariff changes submitted by CoSery on or about August 25, 2004, be suspended to permit adequate time to review the proposed changes and to establish reasonable rates. 2. That the City is authorized to cooperate with other Cities within the CoSery System to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates and to direct any necessary litigation associated with an appeal of a rate ordinance and the rate case filed at the Railroad Commission. Resolution 2004-22(R) Suspension of Rate Increase for CoSery Gas Ltd. 3. That the City's reasonable rate case expenses shall be reimbursed by CoServ. 4. That the City is authorized to intervene in any appeal at the Railroad Commission regarding CoServ's rate case filed on or about August 25, 2004. 5. That a copy of this suspension resolution be sent to Charles D. Harrell, Chief Financial Officer, CoSery Gas Ltd, 7701 South Stemmons, Corinth, Texas 76210-1842. PASSED AND APPROVED this 28th day of September, 2004. Mayor, City of Wylie ATTEST: Carole Ehrlich, City Secretary Resolution 2004-22(R) Suspension of Rate Increase for CoSery Gas Ltd. WYLIE CITY COUNCIL AGENDA ITEM NO. 7. September 28, 2004 Issue Consider and act upon the approval of an ordinance amending Ordinance#2001-57; Providing for exemption from ad valorem tax on motor vehicles leased for personal use beginning with the 2005 tax year as authorized by Section 11.252, Texas Property Tax Code. Background In 1999 voters approved a constitutional amendment that authorized the legislature to exempt leased automobiles from property taxes, provided the automobiles are used for personal use and not for the production of income. No enacting legislation was passed in 1999, so automobile leases continued to remain taxable. SB 248 passed in 2001 provided that motor vehicles leased and used primarily for non-income- producing purposes are exempt from property taxes. The bill also gave cities an opt-out from the exemption if it passed an ordinance to that effect by January 1, 2002. In December of 2001,the City of Wylie passed Ordinance#2001-57 which allowed the city to opt out of the exemption for vehicles used for personal use only and charge the tax. In the past couple of years since the passage of Ordinance#2001-57, several citizens have called voicing their objections to this ordinance. The main argument being that if a citizen purchases a vehicle for personal use, there are no property taxes levied, however, if a citizen chooses to lease a vehicle for personal use, there are tax ramifications, noting that there is no business income derived from that purchase. In July of 2004 Steve Adair contacted both the City Manager's Office and the City Secretary's Office requesting that the exemption for personal use be reconsidered. He has requested to speak to Council on the matter during a regular City Council Meeting. Financial Considerations Staff has attached information for your review pertaining to this issue. The Collin County Appraisal District has compiled the 2004 market value for this tax appraisal category which amounts to $4,832,065. (personal use leased vehicles only) and will amount to a reduction of $33,583. in tax revenue to the city, calculated using the new tax rate. Staff has also included the 2004 market values for business use only vehicles for your review. This category would remain taxable. Other Considerations A list of cities that opted out of the exemption and those allowing the exemption, as of 2001, are also included with this item. There are four that opted to keep the taxation and 19 that choose to allow the exemption. Staff Recommendations N/A Attachments List of Collin County Cities opting in and out of the exemption 2004 market values of vehicles used for business 2004 market values of vehicles used for personal use Ordinance Prepared by Reviewed by Finance City Manager Approval Memo RE:Ad valorem tax on leased vehicles use primarily for personal use. August 7, 2004 Background In 1999 voters approved a constitutional amendment that authorized the legislature to exempt leased automobiles from property taxes, provided the automobiles are used for personal use and not for the production of income. No enacting legislation was passed in 1999, so automobile leases continued to remain taxable. SB 248, passed in 2001 provided that motor vehicles leased and used primarily for non- income-producing purposes are exempt from property taxes. The bill also gave cities an opt-out from the exemption if it passed an ordinance to that effect by January 1, 2002. In December of 2001, the City of Wylie passed Ordinance #2001-57 which allowed the city to opt out of the exemption for vehicles used for personal use only and charge the tax. Included in the memo is a list of those cities opting out and those cities allowing for the exemption. In the past couple of years since the passage of Ordinance #2001-57, several citizens have called voicing their objections to this ordinance. The main argument being that if a citizen purchases a vehicle for personal use, there are no property taxes levied, however, if a citizen chooses to lease a vehicle for personal use, there are tax ramifications, noting that there is no business income derived from that purchase. In July of 2004 Steve Adair contacted both the City Manager's Office and the City Secretary's Office requesting that the exemption for personal use be reconsidered. He has requested to speak to Council on the matter during a regular City Council Meeting. Staff has attached information for your review pertaining to this issue. The Collin County Appraisal District has compiled the appraisal role for this ad valorem category which amounts to $4,832,065. (personal use leased vehicles only) and will amount to a reduction of$33,583. in tax revenue, calculated using the new tax rate. Action Requested Staff is requesting Council review the attached information and contact either the City Secretary's Office or the City Manager with direction whether to go forward with this issue for an upcoming agenda. Attachments • List of Cities Opting Out (Not Taxable)/Opting In (Taxable) • City of Wylie 2004-2005 Mkt. Values/ Tax Revenues for Personal Use Vehicles/Business Use Vehicles cc: City Manager Assistant City Manager cc: City Manager Assistant City Manager ORDINANCE NO. 2004-35 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2001-57; PROVIDING FOR EXEMPTION FROM AD VALOREM TAX ON MOTOR VEHICLES LEASED FOR PERSONAL USE BEGINNING WITH THE 2005 TAX YEAR AS AUTHORIZED BY SECTION 11.252, TEXAS PROPERTY TAX CODE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") is of the opinion that it is in the public interest to exempt motor vehicles leased for personal use from ad valorem taxation; and WHEREAS, Section 11.252 of the Texas Property Tax Code provides that motor vehicles leased for personal use shall be exempt from ad valorem taxation unless the governing body adopts an ordinance imposing the tax thereon, which the City of Wylie, Texas ("Wylie") has done by Wylie Ordinance No. 2001-57; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to amend Wylie Ordinance No. 2001-57 so that motor vehicles leased for personal use shall be exempt from ad valorem taxation by Wylie beginning with the 2005 tax year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2: Amendment of Wylie Ordinance No. 2001-57. Wylie Ordinance No. 2001-57 is hereby amended so that motor vehicles leased for personal use shall be exempt from Wylie ad valorem taxation as permitted by Section 11.252 of the Texas Property Tax Code beginning with the 2005 tax year. Such amendment shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2001-57, whether for taxes owed, assessed or otherwise. SECTION 3: Savings/Repealing Clause. All provisions of any Wylie ordinance in conflict herewith are repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for the violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance#2004-35 PERSONAL LEASED VEHICLES EXEMPTION Page 1 SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that is would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED by the City of Wylie, Texas, on this the 28th day of September, 2004. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. City Secretary RICHARD M. ABERNATHY City Attorneys Published in the iTylieYews 10-06-04 Ordinance#2004-35 PERSONAL LEASED VEHICLES EXEMPTION Page 2