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12-14-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, December 14, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER NVOCATiON&P.LEDGE OF ALLEGfANCR FROcLAM TiONS& P SENTATI+( NS • " 2004 Outgoing Board and Commission Members Appreciation Presentation and Appreciation to all Current City of Wylie Board and Commission Members" C ZENS ARTK1PAT` N CONSNI` l✓N11 All matters listed under the Consent Agenda>are considered:to,be.r ne by the City Council and.will be enacte l by oni motion..There:will not be sep ra d sciiss do of these items If discussion lefsir d,that stem will be ir*u©ved.froam.ft onsent Agenda anz will be considered separately A. Approval of the Minutes from the regular City Council Meeting of November 23, 2004. (C. Ehrlich, City Secretary) B. Consider and act upon Ordinance #2004-36 annexing all of a certain 66.194 acre tract of land out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally located west of Stone road, east of Kreymer. (C. Thompson,Planning&Zoning Director) C. Consider and act upon the approval of a Final Plat for the Rubalcava Addition. (C. Thompson,Planning&Zoning Director) D. Consider and act upon the approval of a Final Plat for the Akin Addition. (C. Thompson,Planning&Zoning Director) E. Review and accept Amendments to the Parks &Recreation Board By-Laws. (R.Diaz,Parks Supervisor) F. Consider and act upon approval of a Resolution authorizing the City Manager to enter into an Interlocal Agreement with Collin County for improvements to Olde City Park. (M. Sferra, Community Services Director) G. Consider and act upon a Resolution authorizing the City Manager to enter into a one year Wrecker Service Agreement with Signature Towing, Inc. (J. Butters,Police Chief) H. Consider and act upon a Resolution authorizing the City Manager of the City of Wylie, Texas, to execute the lease-purchase agreement for laptop computers with Government Capital Corporation. (J. Butters,Police Chief) I1'NDI DUAL CONS E ATIO T 1. Consider and act upon an Ordinance of the City of Wylie, Texas creating the Support Services Department, and establishing the functions for the Department. (M.Roath, City Manager) Executive Summary Under the City Charter, Article IV, Section 6 (A), entitled City Council May Create Offices states that, "The city council may, after hearing recommendations of the city manager,create or establish departments, offices, or agencies in addition to those provided for by this Charter,and may prescribe the functions and duties of such departments,offices and agencies." This ordinance recommends the creation of the Support Services Department. The new Department would consist of smaller units that primarily provide services to other City departments. This Department would include the following divisions:Human Resources, Information Technology,Municipal Court and Purchasing. 2. Consider and act upon an Ordinance Dividing The Department of Community Services, Creating The Building Department, Establishing the Function of the Department, Creating the Public Service Department, Establishing the Functions of the Department, Abolishing the Community Services Department, Providing a Repealing, Severability and Savings Clauses and Providing for an Effective Date. (M.Roath, City Manager) Executive Summary This ordinance recommends the creation of the Building Department. In addition, this ordinance recommends that the Community Services Department be renamed to Public Services Department, which better reflects its field operation functions. With approval of this ordinance, Building would be a stand alone Department—that is, equal to Planning and Zoning, etc. In addition, the Code Enforcement Division would be removed from the Police Department and put into this new Department. 3. Consider all matters incident to approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation, including the adoption of a Resolution pertaining thereto. (M. Manson,Assistant City Manager) Executive Summary Article VII Section 8 of the City Charter establishes the City's right and power to borrow, with Section 8.D. further specifying the option of the issuance of Certificates of Obligation. As proposed,the Resolution being considered authorizes the publication of the Notice of Intent which sets out the City's plan to issue$6.35 million in Certificates of Obligation for the purpose of purchasing 253 acres. The notice is to be publishing twice,with the planned Award of Bids and adoption of the Ordinance to take place on January 11�'. The proposed use of the property includes open space, recreation facilities, and a municipal government complex. Per the contract with the Trust for Public Land, the closing on the land is to take place prior to January 31st. 4. Consider and act upon authorizing the City Manger to negotiate an Agreement with the Plano Independent School District for the provision of sewer services to a 14 acre tract in the City of Parker subject to final approval by City Council. (M. Manson,Assistant City Manager) Executive Summary The City has received a request from the Plano Independent School District(PISD)requesting sanitary sewer service to a 14 acre tract of land in the City of Parker for a future school site. • Staff has examined the existing sewer in the area and has determined that there is sufficient capacity to accommodate the school. • A portion of the northwest section of the City of Wylie is within the PISD. • The City of Parker is aware of the request. • The PISD has indicated that it is not likely to build this school within the next three years,but wishes to have the question of sewer resolved before proceeding with the purchase of the property. • If the Council approves this item, the City Manager will negotiate an agreement with the PISD similar to that which was approved for the residential development in far southeast Wylie. The agreement will specify the location, land use, and that the PISD is responsible for the entire cost of the installation of sewer, including any necessary off-site improvements. 5. Consider and act upon a request to waive the alley requirement of the Birmingham Ranch Subdivision Regulations. (C. Thompson,Planning&Zoning Director) Executive Summary The subject property is zoned SF-10, and the Preliminary Plat creates 53 lots all exceeding 10,000 square feet. Alleys serve limited functions on such larger lots, as all functions (vehicular access, drainage, and utilities) are accommodated by other methods. abutting existing development does not have alleys and undeveloped property will not likely have alleys. Financial: Elimination of alleys increases number of lots and property tax revenue to City and eliminates cost to City for maintenance. On November 9,2004,the City Council denied a request to waive the alley requirement on this property. Public Hearing/Individual Consideration 6. Conduct a Public Hearing and act upon the adoption of an Ordinance Abandoning a Portion of the Cul-de-Sac located on Cooper Drive, Containing 0.072 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive Right-of-Way as Dedicated to the City of Wylie According to the Plat of Wylie Industrial Park, Block A, an Addition to the City of Wylie, Recorded in Volume 8,Page 55 of the Map Records of Collin County, Texas. (S. Satterwhite, WEDC Director) Executive Summary The Wylie Economic Development Corporation(WEDC)purchased a 5.03 acre tract of land on State Highway 78 in 1999 from Extruders division of Atrium Companies, Inc. Since that time, the WEDC has removed a 105,000 square foot extrusion plant from the site, taken steps to ensure the environmental quality of the site, contracted with The Staubach Company to market the site for retail and commercial development, and purchased 0.69 acres of excess right-of-way from Collin County. The WEDC is currently under contract with Shafer Properties and The Cirrus Group to develop the site with a mixed use of office and retail development. As per the contract with Shafer, the WEDC must commit funds through an escrow agreement and construct the extension of Cooper Drive from the point at which the existing cul-de-sac dead ends to the existing entrance on State Highway 78. Regardless of the outcome of the contract with Shafer, the WEDC is constructing the extension as it directly impacts the contract with Cirrus and the overall development of the site. Chapter 311.007 of the Texas Transportation Code allows for a Home-Rule Municipality to abandon a street (or a portion thereof). Following formal approval of the abandonment ordinance (Exhibit "G"), ownership of each parcel will automatically revert to the adjacent property owners. Public Hearings 7. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Planned Development District (PD) for neighborhood retail and single-family residential uses of varied densities. (PD at Brown & Kreymer- Zoning Case No. 2004-14). (C Thompson, Planning & Zoning Director) Executive Summary The subject property totals 158 acres,66.2 acres of which are not within the Wylie corporate limits. The annexation of this County jurisdiction is under consideration by the City Council on the current agenda and will be complete prior to consideration of zoning. Most of the property is undeveloped and earlier used for agriculture, except for several scattered rural homesteads. A 30 ft. wide sanitary sewer easement, which traverses the tract in a north/south direction, generally divides the property in two sections. The western section is nearly 92 acres in size and already incorporated. Public Notification/Comments—50 mailed, 16 returned(1 favoring, 11 opposing). Written opposition represents more than 20%of the legal notification area,requiring the affirmative vote of three-fourths of the entire Council to approve. Planning and Zoning Commission voted 4— 1 to recommend denial on November 16,2004.The affirmative vote of at least three-fourths of all members of the Council is required for approval. 8. Hold a Public Hearing and act upon a change of zoning from Single Family Residential-8.5 (SF- 8.5/17)to Multi-Family(MF) Residential. (Parker Apartments-Zoning Case No. 2004-21) (C Thompson,Planning&Zoning Director) Executive Summary The existing deteriorated&uninhabitable Woodlands Apts(currently 12 units)are to be demolished and redeveloped. The subject property is located at the dead-end intersection of Cotton Belt and Fleming. The railroad corridor abuts on the south, and existing Rustic Oaks apartments abut to the west. It is uncertain whether the site remains platted in several lots or has been replatted into a single lot, and will require replatting to convert to a single lot in order to accommodate apartments. Public Notification/Comments — 35 mailed, 2 returned (1 favoring and 1 opposing). A simple majority is required to approve. Planning and Zoning Commission voted 5—0 to recommend approval on November 16, 2004. 9. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Planned Development District (PD) for single-family residential uses. (Brand Tract-Zoning Case No. 2004-22) (C Thompson,Planning&Zoning Director) Executive Summary The property totals 100 acres, 40%of which is occupied by the floodplain of Muddy Creek (including the Muddy Creek reservoir) and therefore is not developable for urban uses. Lakefield Drive (65 ft. wide collector) currently terminates at the western property line and must be extended thru the property to connect with Country Club Road. The southern boundary is the DART/KCS railroad corridor. The Lakefield Estates subdivision (PD 1999-18) abuts to the southwest, allowing lots as small as 6,000 sq.ft. (although lots abutting directly to the subject property exceed 7,700 sq.ft.). Wooded Creek (PD 2002-02) is developing along the northwest boundary with a minimum lot size of 7,200 sq. ft. (although abutting lots exceed 8,600 sq. ft.). Public Notification/Comments — 89 mailed, 12 returned (3 favoring and 9 opposing). Simple majority is required for approval. Planning and Zoning Commission voted 5-0 to recommend approval with stipulations on November 16,2004. (See communiqué) 10. Hold a Public Hearing and act upon a change of zoning from Community Retail (CR) District to Planned Development (PD) District for mixed retail and light industrial uses. (Greenway-Carlisle Tract-Zoning Case No. 2004-23) (C. Thompson,Planning&Zoning Director) Executive Summary The property has never been platted and will require platting prior to initiation of development. The platting eliminates all vested rights to previous code regulations and requires full compliance with current regulations. It is proposed to reconfigure the current 3 tracts into 2 tracts- Tract A is 3.53 ac. along north/544 frontage, and is to comply fully with Community Retail regulations except to allow drive-thru for banks and restaurants without SUP. Tract B is 4.62 ac. to south/railroad, and is to comply fully with the regulations for Industrial except to allow CR uses as well as distribution,light assembly and storage. Public Notification/Comments— 20 mailed, 3 returned (2 favoring and 1 opposing), requires simple majority to approve. Planning and Zoning Commission voted 5-0 to recommend approval with stipulations(incorporated into current report and attachments)on November 16, 2004. 11. Hold a public hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS) to Planned Development District (PD) for residential uses of varied densities. (Rice Tract-Zoning Case No. 2004-25) (C. Thompson,Planning&Zoning Director) Executive Summary Property was annexed September 28,2004. COW sewer,East fork water. Notification/Responses—No written responses. This item will require a simple majority to approve. Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (lac lots). Request does not comply with Comp Plan. • Eliminates 0.4 ac NS (zoned such since 1985),complying with proposed revisions to Comp Plan. Planning and Zoning Commission voted 4—2 to recommend approval on December 7, 2004,with stipulations,which have been incorporated into this communiqué and attached conditions of the PD. XECUTI SESSION Recess into Closed Session in compliance with Section 551.001, et.seq, Texas Government Code,to wit: Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located in the vicinity of: • Jackson and State Highway 78. R;ECfONVENE INTO>11PEN`1V.EETI Take any action as a result of the Executive Session. OI SESSION. • To Discuss a Tax Abatement to be Considered for Sanden International(U.S.A.), Inc. (S. Satterwhite, WEDC Director) DJOURN ENT... 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 S0011)A1kte1aken and recorded in open session. 0 F f..'.'r, I certify that this Notice of Meeting was pa%tad oti'llifi l0.o'ykay,o'f_December,2004 at 5:00 p.m. as required by law in accordance with Section 551.042 o i exas GoveatinfCode and that1he appropriate news media contacted. As a courtesy,this agenda is also/�✓ ed to the • s ylie Webjite atww vvyy le.tx.us / ,/ .-i / !�_ r _ • Carole Ehrlich,• t!y i • . Date Notice Removed The Wylie Municipal Complex is Wheelchai e' ����.rp�i td retation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the'6104VviFttpry0 office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, November 23, 2004 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO OR +t Mayor John Mondy called the meeting to order at 6:03 p.m. Council Members present were: Councilman Chris Trout, Councilman Earl Newsom, and Councilman J. C. Worley. Councilwoman Reta Allen, Mayor Pro Tem Eric Hogue, Councilman Merrill Young were absent. Staffs present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. IN OC'ATJON&PL DCE f F ALLC fA 1 > Councilman Newsom gave the invocation and Councilman Trout led the Pledge of Allegiance. 'PROCLAMATION '&1PRLSLN`rA` IONS • Presentation to Star Students for the character trait of"Respect". Mayor Mondy and Councilman Worley presented awards to the Star Students showing the character trait of"Respect". rT.Zg.NS rARTIO > ATION Jerry Smith, President of the organization"Friends of the Library"asked council to consider the extreme need for a new Wylie Library. CONSENT A;ClENI3A Alt mat errs hued under the Consent Agenda areconsidered to be routine b$the City Council anal will be enacted;by ml motion There blot a separ u ion of these iitelns l tl cussiion.is desired,that ittiw*iitbeitjliovOdi:froa0t.ConsentAgtoiltAfitvoiltbctonsiii0ia(1400atkeIvmmimmommemio A.Approval of the Minutes from the Regular Meeting of November 9,2004 and the Special Called Meeting of November 15, 2004. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve the minutes from the November 9, 2004 meeting as presented during the Council meeting and the Special Called Meeting of November 15, 2004 as presented in the packet. A vote was taken and passed 4-0. Minutes—November 23,2004 Wylie City Council Page 1 INDIVIDUAL CONSIDERATION Public Hearing 1. Hold the second of two Public Hearings for the annexation of a 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. (C. Thompson,Planning&Zoning Director). Staff Comments Planning and Zoning Director Claude Thompson addressed council starting that this annexation is at the request of the property owners. He added that a zone change request was being processed concurrently with the annexation. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the following public hearing schedule: Notice published for Public Hearings October 27,2004 First Public Hearing November 9,2004 Second Public Hearing November 23,2004 Adoption of Ordinance December 14,2004 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052(h)(2)and 43.063 of the Local Government Code. Public Hearing Mayor Mondy opened the public hearing at 6:20 p.m. With no one present to address council,Mayor Mondy closed the Public Hearing at 6:20 p.m. The proposed ordinance approving this annexation is set for the December 14,2004 meeting. Mayor Mondy recessed for a short break at 6:21 p.m. WORK SESSIONS Mayor Mondy convened into Work Session at 6:30 p.m. • Hold a joint work session with the Planning and Zoning Commission to consider and provide direction concerning certain potential revisions to the Comprehensive Plan. (C. Thompson,Planning and Zoning Director) Chris Seeley,Chairman of the Planning&Zoning Commission called the Joint Work Session to order at 6:30 p.m. with the following Planning & Zoning Commission members present: Kathy Spillyards, Dennis Larson,M.G. Red Byboth, and Dave Hennesey. Council members present were: Mayor Mondy, Councilman Worley, Councilman Trout, and Councilman Newsom. Staffs present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison;Information Officer,Mark Witter,and City Secretary,Carole Ehrlich. Minutes—November 23,2004 Wylie City Council Page 2 Council/P &Z Commission Discussion The Planning & Zoning Commission and the Council discussed some alternatives to the current Comprehensive Plan. Some of the proposed changes included but were not limited to: encourage low- density detached residential and eliminate Village 8.5K and set 10,000K minimums for Suburban, require larger house sizes (1,900 minimum) with increased added-values, locate all nonresidential uses/traffic destinations to exterior of residential neighborhoods along thoroughfares and focus neighborhoods inward with interior for houses and parks only. After proposed changes were presented, Council stated that they needed time to review the feasibility along with legal and financial ramifications to some of the proposed changes and would arrange another work session to further discuss the items when all council members could be present. • Water/Sewer Rate Study Update (R. Hutchison,Interim Finance Director) Mayor Mondy announced that since Councilman Worley had another engagement that required his presence,the Water/Sewer Rate Study Update was postponed to a future date. +URN ENT Mayor Mondy adjourned the meeting at 7:25 p.m. Consensus of council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—November 23,2004 Wylie City Council Page 3 CITY OF WYLIE Item No. B. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: December 03, 2004 Exhibits: 4 AGENDA SUBJECT: Consider and act upon an Ordinance annexing all of a certain 66.194 acre tract of land out of the Francisco De La Pina Survey,Abstract#688, Collin County, Texas and generally located west of Stone road, east of Kreymer. RECOMMENDED ACTION: N/A. SUMMARY: Applicant: DR Horton Homes 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 at the request of the property owner, and in compliance with Sections 43.052 (h)(2)and 43.063 of the Local Government Code. The request was published on August 11, 2004, and public hearings were held on August 24, and 31, 2004. The subject property is part of a request for rezoning by the applicant which is under consideration by the applicant. Financial: The current property tax rate for the City of Wylie is .705 per$100 of valuation. APPROVED BY: Initial Date Department Director: CT \ 12-03-04 City Manager: 46"/C \ /9-9-Oy 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 (20 ) 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, ThXAS: 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2004. By John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary 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. , LIIIIII ! ! ! ! ! ! ! ! ! ! ! ! ! il147 0 ,, ! ! i------i 2 i — •( ',A • i ! i ii i - • • ! ..• 2 ! ••• 1 ! ! ! i :------r; i ! i ! ! ; ! 2, i ; i • ! ........1 ! i 1 ,:....1 ---- • i i !------------------, i, ' ! .,-42,4*-•ii i -,-,.:k,..-,--• ............... ! • 1 ! ;-.;.,;- i - ! " ! ! .. , , _..., ! i •,,,,:,,,,,:.. ...; i . . • ; -.•:. ':-.1i: -1"-T--- il ni'.,.+; I ; ; • rA• ! i i .... - ' e - • - \1.!,..-7,2:,,;•:, i i 1 •-, t•;g:!-,z4. ''.'irr.7!: - 1.1111 i F r---..": •iiii,•,, L. . • i i ! •••i;i :::•,..,. ......._______________..- '"- 'MUM • " -,,,,..!.! 6 VW./ !•4;,, ',.!!,,,-_:.:•:k is'::-',,•;,. 1,:-..!•!!,.. x !„. , _ , . °I. 4,4%511:5E,.Vv‹:•"..7zia•-:,,, ...... . , --...,•7! . .•,...,,,...y,:ti,•• •&:-,,!:,..1!! ! v,,,...,:.- i i i• ! - -'•' 1 S• % 1! i i ! i •,,,...,......7 "..,,!,v; .!!:,,, ',4.1.'i'4 I' ''''',..•;:5.V.;.';-.5,'1 ! •:". . s.. I • j I I.VA C" i i i r"-"1 ! ? • i ••-••••! ! ; ; i!! ! i ; i i .;.;:f.=:•44,- ; ! ; I ; ; 1---j---, ; ; I ; ; •,,,,,..y- ; i i : ; ; ! ..,....,,p--.. .,... , . : I : i; ; i i ; • : i I ; i ...7.;.;':''.:.•,' • i ; i „.',..,:!::'i r •-- i ; ; i----- I ' . I --i 1----I-- . . -- - ..............,...- 1 ! ! i i i i i i I ! . • , ! . i . i • --••.:-,.-.---:.,. ..- *----I s''•-,. ,,,-.,- . • .. . ‘. •••... •••.... (:.-..,., LOCATION MAP PROPOSED ANNEXATION . _ 0 , .. . . . _, _..... ... CITY OF WYLIE Item No. C. Cary Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: December 8, 2004 Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for the Rubalcava Industrial Park Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted 6-0, on December 7, 2004, to recommend approval. SUMMARY: The tract was rezoned from Industrial (I) to Business Center (BC) District in 2002 with the adoption of the new city-wide Zoning Ordinance and Map. A Preliminary Plat was approved on October 5, 2004. The Plat will create 3 lots totaling 5.366 acres. Lot 1 is 2.316 acres, Lot 2 is 1.281 acres, and Lot 3 is 1.450 acres in size. The two existing buildings on Lot 1 shall remain as shown on approved preliminary plat. No development plans have as yet been announced for lots 2 & 3, and a site plan must be approved by the Planning and Zoning Commission prior to issuance of building permits. Access to the property is to be from Steel Road. APPROVED BY: Initial Date Department Director: CT \ 12/08/04 City Manager: f''2d,e \ /a-9-o I 1 X 9$� is oilisli iii' bL a s. 3 i i : I 3;1=_ 3� 3iflk1 III n a I Eal3�s r 3#, $ I 3 a I > a g vI'l it'i MI 11 `11.:Pgi 111 it III }iii tstiai s s 1 : Iti_ ' 1::111t ii. 11 II; 1e i11'I 3! a' ' d 1t, .111 *, .er i Ali ,I t.1 latiil'.r: P 31 IN K 1p � y� I 11E ii I �i t1 3'1'1]1 i1'J I: ill 13,E'111 1 i°i' o .'l' a iE 1 ! i Al ,. g i # 9 �:35 'tart j; : ; y 'I{ , fill i .. iii;1 is1La III/ a' t 1! a kill 1.1 ti 1rg 9 ;3t a� t11 . 1I. i3 9 31,;1,,3^b 1 lip p° 1 R liF s 'd iil 3.1t �11E1 vy_.=33- ii. ;21e. poi!! 111 i ,i.iiii 3l11 • a 3 i _ . �11 � � • � 11111 s1t!IllU11I1 I 3I I! I a1q11 *el1!iI Ii IU I 33 , I a iaE] tj °1i1I ,3 , 3' i Ii it S i E di.;� 133, �31�j1�. a ig I3i l Ili dl iii 1 1 Eli 1 1 ;Mil i. qt il c. RE E. IS PIIII 11111 h 1 3i ;I s ... , g ijs 1ii 8 1{:dt¢ i W®R, 1 1 !l ii vb IN i ltull ' i :: :: g 1 a a a gill as' d d c A f 13 a= s '3 %il 1 Ili , 1 --\ 5 ! I I 1 ! d i!! 3e 3 ii . a s..}� , 93 2 � � . � �, a ti 1 e • d t o:i i lit ei' ki s( . as i g a �s is •; if _ arus a.aom� dos a d —T I i3 —- R� E 10 1i A 1 a E8 I i R 11 33t ,E,• I .I I I :1; I'll i E D it I .w•w •.wJo•u■ I �'I ia • /ps 313 E�z ` 1 B 9 I 1€ii1 1111 3t 3d i 1 i z98 I s g3 i VP ' 1I 9 e °ii d Jill a a. �•.. '.b ••c.. •.w.PW• I I ' Ai, Fk [ i� t• p CCC ate �3 II a1 3! ,ea 2 I e 1 j1a 311 B i' a-NEE I® p 3 E ! s 51 <— — '•t9 .w.Wm M �, Ai ! 37 oil, Pi" 3 9 • 7 a , p ' : g : II is lig. gi 1 ; : I I ! a I ;1 d t ' 1 li �1i i ill I li Mil 1 h ii CITY OF WYLIE Item No. D. COUNCIL AGENDA ITEM City Secretary's Use Only MEETING FOR: Regular: X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: December 8, 2004 Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for Akin Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted 6-0, on December 7, 2004, to recommend approval. SUMMARY: A Preliminary Plat was approved on November 2, 2004. The property includes 10.154 acres and will create 6 single-family residential lots, each exceeding 10,000 square feet and 1 lot for the existing elementary school. The subject property is zoned Single Family 8.5/17 District. On October 12, 2004, an alley waiver was approved by City Council, as well as the right to front lots on W.A. Allen. No parking is allowed on this section of W.A. Allen Blvd, but the lots are of sufficient size to allow swing drives for side or rear entry garages. A continuous sanitary sewer easement is provided along frontage of each lot. APPROVED BY: Initial Date Department Director: CT \ 12/08/04 City Manager: /AYR \ /G-9-4)y 1 AINY Na.)F.&Potho Tbe.• Vol.1152.Pg.541 pP 1 Dog Slaw 0.ow•N.n I Gs.0..1.113 S v.:. 6/ -202. •' •• .. .. S8f2441'f 656.)]' L' wo.]r .. .. .. .. .a .. •' n n' I.I.U• > 0 40 100 l iii5iMil <^ A.lrar.r I/ dp n.uaoa / t °anq.w14"L[ n i__ "5o.4 Soo,oe I?(.I.. 1MS3' 1 •gnrww 4.1175'00' 1 u1.w' i:00i2 i Fozwood -H_ i • ,1R a-11s9.14' M n.r Lone > R a..n.n1 .n. :4 .01 1' : • Fozwoaa 8: ` k Lene 1 � n e j sl a 0 is o i Lot 1.Bloc!A L e 2 San Arr..tint > 1]p VICINITY Y \ AP 'VR „y p_.T.a , 5 q i �� al b? e 8 a Rg a + $. O {; ,�i R Q[i n ,`e i b Yn wrlt'anr `� 30. A. 1 ` OflmOn4 tat 1 1 y n.: ' a^ g'= S Nit ///} r]3'NAM.OoPeotian q. �,1, >7.1' C[S //' R .la..' C L3t.a• Y .saw .I id /y o,d 1 S p r i n y wood Lane Nee•u'oo fr 'e.t.sir .. •• •' •• t SMELTt. 1 o r a M FINAL •LAT 2 3 t ) S t 10 I e AKIN ADDITION Situated In The / FRANCISO De La PINA SURVEY ) ) "etl° ABSTRACT No. 688 WI On..[.leis. ooa.L•w 1123 WYLIE. COLUN COUNTY. TEXAS r=w de.oa.aa t,alwa OIrtr1.1 - i r 951 SOWN 5••••: - - wogs T,O9° Tol.•Iwn.Pa.at- I!I *MSS& NOV 2 9 2)04 J M ` N 4 :' 111 Neel a13' AWn.T.N. 35/1]n To**.tTa 331 ]] Moron....15.20a./_— CITY OF WYLIE Item No. E Cory Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Parks and Recreation Department Prepared By: Robert Diaz, Asst. Superintendent Date Prepared: November 30, 2004 Exhibits: Parks and Recreation Board Bylaws AGENDA SUBJECT: Review and accept the proposed amendments to the Parks and Recreation Board Bylaws. RECOMMENDED ACTION: Approval, the Parks and Recreation Board approved the amended Bylaws at the November 29, 2004 regular meeting. SUMMARY: Staff has been working with the Parks and Recreation Board for the past few months amending the Parks and Recreation Board Bylaws. After discussing the Bylaws at the September and October meetings, the final version was approved at the November 29, 2004 meeting. APPROVED BY: Initial Date Department Director: RD \ 11-30-04 City Manager: ,?S,4' \ is-9-me CITY OF WYLIE PARKS AND RECREATION BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 78-18. This body shall be known as the Parks and Recreation Board. ARTICLE II Meetings Section 1. The regular meeting of the Parks and Recreation Board shall be held monthly at the Municipal Complex council conference room unless the Board determines otherwise. Section 2. Special meetings may be called by the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 3. A majority of the members shall constitute a quorum at all meetings of the Board. Section 4. All questions presented for a vote of the Parks and Recreation Advisory Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Park and Recreation Board Bylaws AGenda Comm.doc December 7, 2004 Page 1 of 4 Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson and a Secretary (City Staff member will be serving as Secretary). Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Parks and Recreation Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings (ii) Represent the Parks and Recreation Board at public functions. (iii) Appoint special committees. (iv) Assist Parks and Recreation staff in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. Park and Recreation Board Bylaws AGenda Comm.doc December 7, 2004 Page 2 of 4 (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) The City Secretary's office will be responsible for recording and maintaining the minutes. This "Secretary position" will be occupied by a City Staff member and not be an official Board position. (ii) The Staff Liaison will be responsible for producing the agenda and distributing the agenda and minutes to the Parks and Recreation Board and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Parks and Recreation Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Powers and Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b) Abide by applicable ordinances of the City of Wylie. Park and Recreation Board Bylaws AGenda Comm.doc December 7, 2004 Page 3 of 4 (c) Act in an advisory capacity to the City Council, City Manager and Parks and Recreation Staff. (d) Recommend policies to govern the operation and program of the Parks and Recreation Department. (e) Assist in planning and give guidance for expansion of parks and recreation facilities. (f) Assist in interpreting the policies and functions of the Parks and Recreation Department to the public. Encourage in every possible way the development and advancement of the Parks and Recreation Department. ARTICLE VI Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least three days prior to such meeting. Such amendment would then be subject to approval by City Council. Park and Recreation Board Bylaws AGenda Comm.doc December 7, 2004 Page 4 of 4 CITY OF WYLIE Item No. F City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Public Services Prepared By: Michael Sferra Date Prepared: November 29, 2004 Exhibits: Interlocal Agreement/Resolution AGENDA SUBJECT: Consider and act upon approval of a Resolution authorizing the City Manager to enter into an Interlocal Agreement with Collin County for improvements to Olde City Park. RECOMMENDED ACTION: Approval. SUMMARY: The City of Wylie has been awarded a $150,115. Park Grant, by Collin County for improvements to Olde City Park. This is a 50-50 matching grant whereby the City is reimbursed dollar-for-dollar for approved expenditures. The approved elements of the park include land acquisition, installation of underground drainage, site grading, sidewalk removal and installation, irrigation, and a new pavilion complete with concrete slab and electrical service. Other amenities include benches, tables, grills, signage, parking lot construction, and playground equipment installation. The Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement. The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. The total project cost is estimated at a minimum of$350,230. The City's match is derived from funds allocated in both the approved FY04-05 4B budget and the Parks Acquisition and Improvement Fund. APPROVED BY: Initial Date Department Director: MS \ 11-29-04 City Manager: ,78k \ A2-9-0S1 RESOLUTION NO.2004-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING IMPROVEMENTS TO OLDE CITY PARK IN WYLIE, TEXAS, COLLIN COUNTY, TEXAS. WHEREAS, the City of Wylie has determined the necessity of improvements for Olde City Park; and WHEREAS, the Interlocal Cooperation Act authorizes local governments to make contractual agreements with another local government to perform governmental functions and services; and WHEREAS, the City of Wylie desires an interlocal agreement with Collin County regarding such improvements; and, WHEREAS, such an agreement will benefit the residents of the County and provide additional park and recreational facilities and open space; and WHEREAS, such an agreement supports or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas an Interlocal Agreement between the City of Wylie, Texas, and Collin County, Texas for improvements to Olde City Park, Wylie, Texas, Collin County, Texas. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of December, 2004. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2004-25(R) Interlocal Agreement-Olde City Park Improvements INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City") desire to enter into an agreement concerning improvements to Olde City Park in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement; and WHEREAS,the City and the County find that this agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for County residents; and WHEREAS, this agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange for improvements to Olde City Park, hereinafter called the "Project". The Project shall consist of the installation or construction of items described in Exhibit"A". ARTICLE II. The City shall prepare plans and specifications for improvements, accept bids, award a construction contract and administer the construction contract in accordance with all state statutory requirements. The City shall provide the county with a copy of executed construction contract(s) for the Project. All improvements shall be in accordance with the plans and specifications approved by the City. The Parks Foundation Advisory Board must approve changes to the project, which alter the initial funding request for improvements as referenced in Exhibit"A". 1 ARTICLE III. The City will not expend assistance funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the project to be $448,380.00. The County agrees to fund a portion of the total cost to construct the improvements in an amount not to exceed $150,115.00. The County shall reimburse the City for invoices submitted by the City for cost related to the Project (refer to Exhibit "A"). Alternative payment schedules would require Commissioners Court approval. ARTICLE V. Collin County's participation in this project shall not exceed $150,115.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2003 Parks and Open Space Bond Program. The City shall also provide before, during and after photos and quarterly progress reports in electronic format to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including in-kind services or donations for the project. All projects for which the County has provided funds through its 2003 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible)in connection with performing this agreement. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. 3 APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Ron Harris Title: Title: County Judge Date: Date: Executed on this day of 200_, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE By: By: Name: Name: Title: Title: Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: 4 EXHIBIT "A" The County will provide funding assistance for the following: ❑ Boyd Lot purchase ❑ Underground drainage ❑ Site grading ❑ Sidewalk removal and installation ❑ Irrigation ❑ Pavilion with electrical (items 10, 11 & 12) Total requested $224,190.00 Total funding $150,115.00 Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of electronic photos and quarterly reports: Teresa Nelson tnelsonl2I collincountvtexas.aov Project Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: 5 CITY OF WYLIE Item No. G Cny Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14th 2004 Other: Department: Police Prepared By: Jeff Butters Date Prepared: 11-19-04 Exhibits: Wrecker Service Agreement/Resolution AGENDA SUBJECT: Consider and act upon a Resolution authorizing the City Manager to enter into a one year wrecker service agreement with Signature Towing Inc. RECOMMENDED ACTION: Authorize the City Manager to enter into a one year wrecker service agreement with Signature Towing Inc. SUMMARY: The City of Wylie entered into a wrecker service agreement with Wylie Auto Towing in October of 2001. The City of Wylie's wrecker service agreement with Wylie Auto Towing expired on October 1st, 2004. The Purchasing Department published a Request for Offer for wrecker service on October the 9th, 2004, with offers/bids being due by 3 p.m. November 9th, 2004. Signature Towing Inc. was the only bid received by the deadline of November 9th. Signature Towing Inc. is based in Plano and has the exclusive towing contracts with the Cities of Richardson and Plano. Both the City of Richardson and Plano highly recommended Signature. The new wrecker service agreement is very similar to the agreement that was in place. Some of the towing fees have increased slightly. One example of a fee increase is the flat tow charge for a vehicle under 10,000 pounds GVW rose from $55.00 to $65.00. An increase in fees was expected as the first contract was bid in 2001. The required wrecker response time has increased from twenty minutes to thirty minutes. The last wrecker service agreement was a three-year agreement, the current RFO called for a one-year agreement. I would like to keep the wrecker service agreement in one-year increments so that service problems or other issues can be addressed more quickly. APPROVED BY: Initial Date Department Director: JB \ 11/16/04 City Manager: 4 mie \ /a -9-oy RESOLUTION NO. 2004-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE WRECKER SERVICE AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND SIGNATURE TOWING INC. WHEREAS, the current wrecker service agreement with the City of Wylie expired on October 1, 2004; and WHEREAS, the City desires to engage an independent contractor to provide wrecker and impound services; and WHEREAS, such services would include towing, impounding, storing and auctioning of vehicles as requested by the City of Wylie Police Department; and WHEREAS, the agreement would be for a one year term beginning January 1, 2005 and ending January 1, 2006; and WHEREAS, staff received a responsive bid from Signature Towing, Inc.; and, WHEREAS, Signature Towing, Inc. has successfully fulfilled agreements with the Cities of Richardson and Plano and is highly recommended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, Wrecker Service Agreement between the City of Wylie, Texas, and Signature Towing Inc. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of December, 2004. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2004-26(R) Wrecker Service Contract 2004-2005 1 WRECKER SERVICES AGREEMENT This Agreement (the "Agreement") is entered into as of the 1st day of January, 2005 by and between the City of Wylie, Texas, a Texas home-rule municipality, (the "City") and Signature Towing Inc., a sole proprietorship, ("Contractor"), and on the terms and conditions hereinafter set forth. WHEREAS, the City desires to engage an independent contractor to provide City with wrecker and impound services for the purposes of, among others, towing, impounding, storing and auctioning, if necessary, vehicles as requested by the City Police Department; and WHEREAS, Contractor has provided City with a response to its Request for Proposals ("RFP"), and City desires to engage Contractor with respect to the services set forth in the RFP. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. Term and Termination. The term of the Agreement shall be for a period of One (1) year commencing January 1, 2005 (the Effective Date"), and, unless renewed according to the terms set forth in this paragraph,terminating January 1, 2006 (the "Primary Term"). The Primary Term of the Agreement may be extended by agreement of the parties for an additional one (1) year period(s) upon the same terms and conditions as herein set forth or amended. In order for the Primary Term to be extended for a renewal term, Contractor must notify City, in writing, of its desire to extend the Agreement for an additional one (1) year period. Such notice shall be given no more than ninety (90) days prior to the end of the Primary Term. City shall, after Contractor gives such notice, have forty-five (45) days in which to notify Contractor of its agreement to extend the term of the Agreement. If City fails to notify Contractor, in writing, of its agreement to extend the Agreement, the Agreement will expire as provided herein. Except as provided in 3 herein, if, at any time, Contractor shall fail to perform the terms, covenants and/or conditions set forth herein, City shall notify Contractor of the reasons in support of City's claim that Contractor has breached the Agreement. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any breach. If Contractor fails to remedy any breach during the time period prescribed herein, the Agreement shall terminate without further notice to Contractor. 2. Scope of Services. The services shall consist of the items contained in this Agreement. Contractor will be responsible, at its own cost and expense, to furnish well-trained personnel and appropriate, well-maintained equipment of the highest quality to efficiently and economically perform the services included in the Agreement, providing all necessary supervision of such services and to complete said work in accordance with or above the level of performance set forth in the Agreement. In this connection, Contractor shall: a. respond and proceed to the scene and/or site of a wreck, motor vehicle accident or collision within City's corporate limits and/or follow an ambulance or police car, which is traveling in response to a report of a SPECIFICATIONS FOR WRECKER SERVICES-Page 1 wreck, motor vehicle accident or collision, within City's corporate limits only after being duly and legally dispatched to the scene and/or site by City or if requested to respond to the scene and/or site by a party involved in the wreck, motor vehicle accident or collision; b. ensure that all of its tow truck drivers are trained in safety procedures to, among others, protect the public, any and all property and themselves. In this connection, Contractor shall have monthly training sessions for all of its drivers to update them in proper safety procedures; c. at a minimum, maintain two (2) full service wrecker trucks which shall be available at all times. Each truck must have: (i) the capability of towing two (2) vehicles at the same time; and (ii) a maximum response time of thirty (30) minutes to any part of City, after being dispatched by City. Contractor represents that it has made adequate arrangements for the medium and heavy duty needs of City, as determined by City. d. ensure that an attendant is maintained at Contractor's place of business, located at 1204 Municipal Drive, Plano, Texas, Monday through Friday 8:00 a.m. to 5:00 p.m. (with lunch being from 12:00 to 1:00 p.m.) (the "business hours"). The contractor must store vehicles in a secure manner. Vehicles will be accessible to the public and insurance adjusters, with proper identification and during business hours, for viewing, taking pictures, receiving personal property and making estimates. City personnel, and/or its designated representatives,will have twenty-four(24) hour a day, seven (7) days a week accessibility to any and all cars impounded on behalf of City. All vehicles will be available for release, provided all necessary documentation is provided and all fees paid, twenty-four(24)hours a day seven(7) days a week; e. maintain inventory and records in accordance with all laws governing a storage facility in the State of Texas and City. In this connection, Contractor shall maintain its inventory, records and vehicles, kept and/or stored in accordance with this Agreement, separate from any other records, inventory and/or vehicles of Contractor. On or before the 15th day of each month throughout the term of this Agreement and any extensions hereto, Contractor shall provide City a monthly report containing the status and/or disposition of each and every impounded vehicle. Contractor agrees that at any time during business hours and as often as City deems necessary, Contractor shall make available to representatives of City for examination all of its records with respect to all matters covered by this Agreement and will permit such representatives of City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of one (1) year from the date the Agreement is terminated, or for such other or longer period, if any, as may be required by law; SPECIFICATIONS FOR WRECKER SERVICES-Page 2 f. at all times,perform and provide the services to the City as set forth herein prior to performing and/or providing any of the same or similar services to any other person or entity; g• as requested by City,tow and dispose of junk vehicles in accordance with the laws of the State of Texas and City; and h. perform any other service(s)requested of City which relates to the towing, impounding, storing and/or auctioning of vehicles. 3. Maximum Rates. Contractor's fee and compensation for services performed pursuant to calls dispatched by City under this Agreement, regardless of the tow destination, are subject to and shall be paid in accordance with the maximum rate schedule set forth below: a. Vehicles that are impounded as a result of arrest, seizure with keys, on the roadways,wrecked,junked, impounded,vehicles or other equipment. • 0-10,000 GVWR $65.00 • 10,001-26,000 GVWR $85/hour • 26,001+GVWR $125.00/hour • Fee for towing motorcycles $85.00 • Fee for use of towing dollies or car carriers $25.00 • Mileage fees for towing outside the City of Wylie(except to auto pound) $2/mile • Per hour charge for labor-per hour pro-rated on 'h hour increments$60/hour • Per day storage fees $15.00 • Impound fee $20.00 • Storage fee for Wylie Police Department"hold"vehicles until day hold is released by Department $0.00 • Owner/lien holder notification fee(VSF) $32.00 VSFA • Fee for large vehicle(vehicle with more than three axles or vehicles with Trailer in tandem or vehicles over 25')storage $30.00 VSFA • Fee for winching $3.00/ft.after 50 ft. • Fee for rollovers $35.00 • Fee for disconnecting drive line or axle $30.00 • Forklift,bobcat, Specialized response recovery trailer fee $100/hr/pc b. Fee Schedule for towing City Owned Vehicles The first$250.00 of charges per month are free. • 0— 10,000 GVWR $25.00 • 10,001-26,000 GVWR $65.00 • 26,001+GVWR $85.00 SPECIFICATIONS FOR WRECKER SERVICES-Page 3 c. Vehicles seized by the City of Wylie. The City will pay towing, impound and notification fees only,on seized vehicles. No other fees will be charged. No other fees may be charged by Contractor in the operation of this Agreement. Failure to comply with the above fee schedule will be cause for, among other things, immediate termination of this Agreement. 4. Insurance. Contractor shall procure and maintain, for the duration of the Agreement, and any extension hereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work performed hereunder by Contractor. The cost of such insurance shall be borne by Contractor and a Certificate of Insurance evidencing that such insurance has been procured and is in force will be forwarded to City on or before the Effective Date of the Agreement. Contractor must procure and maintain the following minimum limits of insurance pursuant to the above-mentioned specifications during the entire Agreement period, including any extensions thereof: Coverage Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000.00 Bodily Injury Liability $1,000,000.00 each occurrence (Except automobile) $2,000,000.00 aggregate Property Damage Liability $1,000,000.00 each occurrence (Except automobile) $2,000,000.00 aggregate Automobile Bodily Injury $1,000,000.00 each person (Except automobile) $2,000,000.00 each occurrence Automobile Property $500,000.00 each occurrence Damage Liability The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty(30) days prior written notice shall be given to the City of Wylie. " As soon as practicable, but not more than ten (10) days after the execution of the Agreement, Contractor shall have City named as an additional insured on each certificate of insurance except Worker's Compensation and Employer's Liability, providing written evidence of same to City, and shall have each policy including Worker's Compensation and Employers's SPECIFICATIONS FOR WRECKER SERVICES-Page 4 Liability endorsed to provide a waiver of subrogation in favor of City. Insurance is to be placed with insurers licensed in the State of Texas and raged A- or better by A.M. Best, or A or better by Standard and Poor's. 5. Additional Requirements. City shall have the authority to promulgate other reasonable rules, regulations and requirements as may become necessary to ensure that Contractor adequately protects vehicles and vehicle contents. 6. Independent Contractor. Contractor is, and shall at all times be, deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Nothing herein shall be construed as creating the relationship of employer and employee, or principal and agent, between City and Contractor or any of Contractor's agents or employees. Contractor assumes, exclusively, the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. Contractor, its agents and employees, shall not be entitled to any rights or privileges of City's employees and shall not be considered in any manner to be City's employees, 7. Indemnification. Contractor, its officers, directors, contractors, subcontractors, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees do hereby agree to fully defend, indemnify, and hold harmless, the City, its Council Members, officers, agents, servants, representatives and employees, from any and all claims, suits, judgments, legal proceedings, demands, costs and expenses, including attorney's fees, incident to any act or omission, whether negligent or intentional, arising out of Contractor's, its officers, directors, employees, contractors, subcontractors, representatives, agents, successors, assignees, vendors, grantees and/or trustees, performance of this Agreement. 8. Compliance with Laws. Contractor agrees that it is subject to and must comply with any and all applicable laws, rules, regulations and ordinances, whether federal, state and/or local, whether now existing or in the future arising. 9. Resolution of Disputes. Contractor must make a good faith, reasonable attempt to resolve disputes with vehicle owners, including, but not limited to City, before seeking relief from a court of competent jurisdiction. 10. Participation in City-Sponsored Community Events. Contractor agrees to make every reasonably effort to participate in any and all City-sponsored community events when requested by City. 11. Inspection. City shall, at all times, have the authority to inspect all of Contractor's vehicles and equipment to ensure compliance with this Agreement. 12. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United State Mail, addressed to the SPECIFICATIONS FOR WRECKER SERVICES-Page 5 \December 7,2004(5:03PM) party to be notified, postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the parties shall be as follows: If to Contractor, to: If to City, to: Mark B. Roath, City Manager 2000 State Highway 78 North Wylie, Texas 75098 13. Miscellaneous. a. Assignment. This Agreement is not assignable without the prior written consent of City. b. Compliance with Ordinances. The parties agree that Contractor shall be subject to all ordinances of City. c. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. d. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Colin County, Texas. e. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. f. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SPECIFICATIONS FOR WRECKER SERVICES-Page 6 h. Binding Effect. When referring to Contractor, this Agreement shall refer to and be binding upon its officers, agents, subcontractors, contractors, directors, representatives, employees, successors and assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives and successors. i. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. j. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. k. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 1. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity be entering into and performing its obligations under this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF WYLIE, TEXAS, a municipal corporation By: Date: 12-14-04 Mark B. Roath Its: City Manager SIGNATURE TOWING INC. a By: Date: Its: CITY OF WYLIE Item No. H City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14th , 2004 Other: Department: Police Prepared By: Jeff Butters Date Prepared: 11-19-04 Exhibits: Agreement/Resolution AGENDA SUBJECT: Consider and act upon a Resolution authorizing the city manager of the City of Wylie, Texas, to execute the lease-purchase agreement for laptop computers between the city of Wylie, Texas and Government Capital Corporation. RECOMMENDED ACTION: Authorize the City Manager to enter into a three year Lease-Purchase agreement for laptop computers for the squad cars. SUMMARY: The lease purchase agreement is for eleven new Panasonic Tough Book laptop computers for the Police squad cars. The total cost is $17,882.60 per year or $53,647.80 for three years. At the end of three year term, we can purchase the computers for $1.00. By doing the lease purchase agreement we are able to get all 11 computers at once and spread the cost over three years. The alternative would be to purchase three-four computers per year until all the MDC's are replaced. The Laptop's need to be replaced because we are adding report writing to our MDC's this year and the current Data-Lux MDC's must be up-graded to handle the software. The funds were approved in this years budget. APPROVED BY: Initial Date Department Director: JB \ 12-1-04 City Manager: IV&' \ kA-9-6v RESOLUTION NO. 2004-27(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE LEASE-PURCHASE AGREEMENT FOR LAPTOP COMPUTERS BETWEEN THE CITY OF WYLIE, TEXAS AND GOVERNMENT CAPITAL CORPORATION. WHEREAS, the City of Wylie has deemed the necessity to upgrade laptop computers for the Wylie Police squad vehicles; and WHEREAS, a lease purchase agreement enables the purchase of eleven laptop computers; and WHEREAS, the City of Wylie desires a Texas Municipal lease-purchase agreement with Government Capital Corporation for the purchase of such laptop computers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, Texas Municipal Lease- Purchase agreement between the City of Wylie, Texas, and Government Capital Corporation, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of December, 2004. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2004-27(R) PD Department Laptop Agreement TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT THIS TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT No. 3676 (hereafter referred to as"Agreement")dated as of October 01,2004, by and between Government Capital Corporation,a Texas corporation (herein referred to as"Lessor"),and City of Wylie,a political subdivision or agency of the State of Texas (hereinafter referred to as "Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth,the parties hereto agree as follows: 1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto(hereinafter,with all replacement parts,substitutions,proceeds, increases,additions,accessions,repairs and accessories incorporated therein or affixed thereto,referred to as the"Property")for the amounts to be paid in the sums(the"Lease Payments")and on the dates (the"Lease Payment Dates") set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof,the obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off, defense, counterclaim or recoupment for any reason. The term of the lease hereunder shall commence upon the dated date of the lease and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B, unless earlier terminated as provided herein. 2. Non-Appropriation and Right of Termination. The obligations of Lessee to make Lease Payments (called for in Exhibit B) and to make any other payments to Lessor(or to any other person) pursuant to this Agreement are subject to appropriation by the Lessee of funds that are lawfully available to be applied for such purpose. If Lessee fails to make such an appropriation prior to a fiscal period of Lessee for the Lease Payments scheduled in such a fiscal period,this Agreement shall terminate at the end of the last fiscal period immediately preceding the fiscal period for which funds have not been appropriated. The Lessee shall deliver notice to Lessor of such termination at least forty-five (45) days prior to such termination, but failure to give such notice shall not prevent the termination of this Agreement. Upon any such termination of this Agreement, all of Lessee's right, title and interest in and its obligations under this Agreement and to the Property shall terminate effective on the last day of the last fiscal period of Lessee for which such an appropriation was made. 3. Taxes. In addition to the Lease Payments to be made pursuant to Section 1 hereof,Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor,as additional rent, on demand, an amount equal to all licenses, assessments, sales, use,real or personal property,gross receipts or other taxes,levies, imposts,duties or charges,if any,together with any penalties,fines,or interest thereon imposed against or on Lessor,Lessee or the Property by any governmental authority upon or with respect to the Property or the purchase,ownership,rental, possession,operation,return or sale of,or receipt of payments for,the Property,except any Federal or state income taxes,if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture or loss of the Property or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: (a) Lessee represents,and will provide an opinion of its counsel to the effect that,it has full power and authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms,and all requirements for execution,delivery and performance of this Agreement have been,or will be, complied with in a timely manner; (b) Lessee has budgeted and appropriated for the current fiscal period sufficient funds to make the Lease Payments scheduled to come due in the current fiscal period and all other Payments expected to come due in the current fiscal period; Lessee currently expects to budget and appropriate sufficient funds to pay the Lease Payments coming due hereunder in each future fiscal period, but the decision whether to budget and appropriate funds for any future fiscal period is solely within the discretion of the then-current governing body of Lessee; (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization of, performance of, or expenditure of funds pursuant to this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with the Agreement are true and correct; (e) Lessee has an immediate need for,and expects to make immediate use of,substantially all the Property,which need is not temporary or expected to diminish in the foreseeable future. (f) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a result of insufficient funds being appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. 5. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons only. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Property improperly, carelessly, or in violation of any applicable law,ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until Lessor, in writing, permits its removal,and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain,at its expense,all registrations,permits and licenses, if any, required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued in the name of the Lessee. If a certificate of title is issuable with respect to the Property, it shall be delivered to the Lessor showing the interest of the Lessor. 6. Maintenance. Lessor shall not be obligated to make any repairs or replacements. At its own expense, Lessee shall service, repair and maintain the Property in as good condition, repair, appearance and working order as when delivered to Lessee hereunder,ordinary wear and tear from proper use alone excepted,and shall replace any and all parts thereof which may from time to time become worn out, lost, stolen,destroyed, or damaged beyond repair or rendered unfit for intended use,for any reason whatsoever,all of which replacements shall be free and clear of all liens, encumbrances and claims of others and shall become part of the Property and subject to this Agreement. Lessor may, at its option, discharge such costs, expenses and insurance premiums necessary for the repair, maintenance and preservation of the Property, and all sums so expended shall be due from Lessee in addition to rental payments hereunder. TFXA.0 MITNTrT➢AT. T.FA.. -P1TA('WA.CF Ar:AFFMFNT 7. Alterations. (a) Lessee may, at its own expense, install or place in or on, or attach or affix to, the Property such equipment or • accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b) Without the written consent of Lessor,Lessee shall not make any other alterations,modifications or improvements to the Property except as required or permitted hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Property to any real property. The Property shall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon. 8. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien,charge, encumbrance or claim on or with respect to the Property,title thereto or any interest therein, except the respective rights of Lessor and Lessee hereunder. 9. Damage to or Destruction of Property. Lessee shall bear the entire risk of loss,damage,theft or destruction of the Property from any and every cause whatsoever,and no loss,damage,destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Property, Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Property is lost,stolen,destroyed or damaged beyond repair,Lessee,at the option of Lessee, will either(a) replace the same with like property in good repair or(b)on the next Lease Payment Date, pay Lessor(i)all amounts then owed by Lessee to Lessor under this Agreement,including the Lease Payment due on such date,and(ii)an amount equal to the applicable Option to Purchase Value set forth in Exhibit B. 10. Insurance. Lessee shall either be self-insured with regard to the Property or shall purchase and maintain insurance with regard to the Property. Lessee shall indicate on each Certificate of Acceptance executed in relation to this Agreement its election to be self- insured or company insured with regard to the Property listed on that Certificate of Acceptance. Whether Lessee is self-insured or company insured, Lessee shall, for the term of this Agreement, at its own expense, provide comprehensive liability insurance with respect to the Property, insuring against such risks,and such amounts as are customary for lessees of property of a character similar to the Property. In addition,Lessee shall,for the term of this Agreement,at its own expense,provide casualty insurance with respect to the Property, insuring against customary risks,coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments required to be made pursuant to Section 1 as of the last preceding Payment Date specified in Exhibit B on which a Lease Payment was made. If insurance policies are provided with respect to the Property,all insurance policies shall be with insurers authorized to do business in the State where the Property is located and shall name both Lessor and Lessee as insured as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Section 9. Lessee shall, upon request,deliver to Lessor evidence of the required coverage together with premium receipts, and each insurer shall agree to give Lessor written notice of non- payment of any premium due and ten (10) days notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on,in or about the Property to carry workmen's compensation insurance covering employees on, in or about the Property. In the event Lessee fails,for any reason,to comply with the requirements of this Section,Lessee shall indemnify, save harmless and,at Lessee's sole expense,defend Lessor and its agents, employees,officers and directors and the Property against all risk of loss not covered by insurance. 11. Indemnification. Lessee shall indemnify, to the extent permitted by law, and save harmless Lessor and its agents, employees,officers and directors from and,at Lessee's expense,defend Lessor and its agents,employees,officers and directors against all liability, obligations, losses, damages, penalties, claims, actions, costs and expenses (including but not limited to reasonable attorneys' fees)of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership,rental,possession,operation, condition, sale or return of the Property. All amounts which become due from Lessee under this Section 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee within thirty (30) days following demand therefor by Lessor and shall survive the termination or expiration of this Agreement. 12. No Warranty. EXCEPT FOR REPRESENTATIONS, WARRANTIES, AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY,ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE,LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE,MERCHANTABILITY,CONDITION,QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATION OR PURCHASE ORDER,ITS DESIGN,DELIVERY, INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement, and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty so assigned shall be made or prosecuted by Lessee, at its sole expense, upon prior written notice to Lessor. Lessor may, but shall have no obligation whatsoever to, participate in such claim or action on such warranty,at Lessor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. 13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement,Lessee shall have the option to purchase not less than all of the Property which is then subject to this Agreement,"as is"at the payment date,for the Option to Purchase Values set forth in Exhibit B by giving written notice to Lessor not less than sixty(60)days prior to the date specified in Exhibit B for the exercise of such option; provided that upon Lessee's timely payment of all Lease Payments specified in Exhibit B,Lessee shall be deemed to have properly exercised its option to purchase the Property and shall be deemed to have acquired all of Lessor's right,title and interest in and to the Property,free of any lien, encumbrance or security interest except such liens,encumbrances or security interest as may be created,or permitted and not discharged, by Lessee but without other warranties. Payment of the applicable Option to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto, at which time Lessor shall, unless not required hereunder,deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien,encumbrance or security interest except such as may be created, or permitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Property, this Agreement shall terminate except as to obligations or liabilities accruing hereunder prior to such termination. 14. Default and Lessor's Remedies. (a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring • voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency: (1) Lessee fails to make any payment hereunder when due or within ten (10) days thereafter; (2) Lessee fails to comply with any other covenant,condition or agreement of Lessee hereunder for a period of the ten (10) days after notice thereof; (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made; (4) Lessee makes, permits or suffers any unauthorized assignment, transfer or other disposition of this Agreement or any interest herein, or any part of the Property or any interest therein; or (5) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature;or applies for, consents to or acquiesces in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application,consent or acquiescence,a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty(60)days; or any bankruptcy,reorganization,debt arrangement,moratorium,or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding is instituted by or against Lessee and, if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days. (b) Upon the occurrence of any Event of Default specified herein,Lessor may,at its sole discretion,exercise any or all of the following remedies: (1) Enforce this Agreement by appropriate action to collect amounts due or to become due hereunder, by acceleration or otherwise, or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable for all costs and expenses incurred by Lessor; (2) Take possession of the Property,without demand or notice and without court order or any process of law, and remove and relet the same for Lessee's account, in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Section 1 hereof and the amounts received and to be received by Lessor in connection with any such reletting; (3) Terminate this Agreement and repossess the Property,in which event Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection therewith; (4) Sell the Property or any portion thereof for Lessor's account at public or private sale, for cash or credit, without demand on notice to Lessee of Lessor's intention to do so, or relet the Property for a term and a rental which may be equal to, greater than or less than the rental and term provided herein. If the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this Agreement are less than the sum of(i)the costs of such repossession,sale, relocation, storage, reconditioning, reletting and reinstallation (including but not limited to reasonable attorneys' fees), (ii)the unpaid principal balance derived from Exhibit B as of the last preceding Lease Payment Date specified in Exhibit B,and(iii)any past due amounts hereunder(plus interest on such unpaid principal balance at the rate specified in Section 20 hereof,prorated to the date of such sale),all of which shall be paid to Lessor, Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency; or (5) Pursue and exercise any other remedy available at law or in equity,in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses,"as that term is used in this Section 14, shall mean, to the extent allowed by law: (i) reasonable attorneys'fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement; (ii)court costs and disbursements including such costs in the event of any action necessary to secure possession of the Property;and(iii)actual and reasonable out-of-pocket expenses incurred in connection with any repossession or foreclosure,including costs of storing,reconditioning and reselling the Property,subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws. (6) Under no circumstances shall Lessee be liable under this subsection 14(b)for any amount in excess of the sum appropriated pursuant to Section 1 hereof for the previous and current fiscal years, less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated. 15. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Section 13 hereof,lessee shall, upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to the terms of this Agreement,deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee,ordinary wear and tear resulting from proper use alone excepted, by loading the Property, at Lessee's sole expense, on such carrier, or delivering the Property to such location,as Lessor shall provide or designate at or within a reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor,as provided in this Section 15, on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the hold-over period, a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of termination of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. 16. Assignment. Without Lessor's prior written consent, Lessee will not either(i) assign,transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Agreement or the Property or any interest in this Agreement or the Property; or (ii) sublet or lend the Property or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Agreement,the Property and any other documents executed with respect to this Agreement and/or grant or assign a security interest in this Agreement and the Property, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. No assignment or reassignment of any of Lessor's rights,title or interest in this Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shall have received a copy of the document by which the assignment or reassignment is made,disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge receipt of such assignments in writing if so required. During the term of this Agreement,Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986, Section 149 (a),and the regulations, proposed or existing,from time to time promulgated thereunder. 17. Personal Property. The Property is and shall at all times be and remain personal property. 18. Title. Upon acceptance of the Property by Lessee hereunder, Lessee shall have title to the Property during the term of • this Agreement; however, in the event of(i)an Event of Default hereunder and for so long as such Event of Default is continuing, or(ii) termination of this Agreement pursuant to the provisions of Section 2 hereof, title shall be reverted immediately in and shall revert to Lessor free of any right, title or interest of Lessee unless Lessor elects otherwise. 19. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee, and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, shall be payable by Lessee upon demand. 20. Interest on Default. If Lessee fails to pay any Lease Payment specified in Section 1 hereof within ten(10)days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate. 21. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail,and shall be deemed to have been given and received forty-eight(48)hours after a registered or certified letter containing such notice, postage prepaid,is deposited in the United States mail,and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hereafter designate. 22. Security Interest. As security for Lessee's covenants and obligations hereunder,Lessee hereby grants to Lessor,and its successors,a security interest in the Property,all accessions thereto and proceeds therefrom,and,in addition to Lessor's rights hereunder, all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Property is located or any other State which may have jurisdiction over the Property. Lessee agrees to execute,acknowledge and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. Lessee hereby authorizes Lessor or its agent or assigns to sign and execute on its behalf any and all necessary UCC-1 forms to perfect the Purchase Money Security interests herein above granted to Lessor. 23. Tax Exemption. Lessee certifies that it does reasonably anticipate that not more than$10,000,000 of"qualified tax- exempt obligations,"as that term is defined in Section 265(b)3(D)of the Internal Revenue Code of 1986 ("the Code"),will be issued by it and any subordinate entities during 2004. Further, Lessee designates this issue as comprising a portion of the$10 million in aggregate issues to be designated as "qualified tax exempt obligations" eligible for the exception contained in Section 265 (b) 3 (D) of the Code allowing for an exception to the general rule of the Code which provides for a total disallowance of a deduction for interest expense allocable to the carrying of tax exempt obligations. 24. Continuing Disclosure. Specifically and without limitation, Lessee agrees to provide audited financial statements, prepared by a certified public accountant not later than eight (8) months after and as of the end of each fiscal year. Periodic financial statements shall include a combined balance sheet as of the end of each such period,and a combined statement of revenues,expenditures and changes in fund balances, from the beginning of the then fiscal year to the end of such period. These reports must be certified as correct by one of Lessee's authorized agents. If Lessee has subsidiaries, the financial statements required will be provided on a consolidated and consolidation basis. 25. Miscellaneous. (a) Lessee shall,whenever requested,advise Lessor of the exact location and condition of the Property and shall give the Lessor immediate notice of any attachment or other judicial process affecting the Property,and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may,for the purpose of inspection,at all reasonable times enter upon any job,building or place where the Property and the books and records of the Lessee with respect thereto are located. (b) Lessee will take no action that would cause the interest portion of the Lease Payments to become coverage in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986(the"Code")and Treasury Regulations promulgated thereunder(the"Regulations"),and Lessee will take and will cause its officers,employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest portion of the Lease Payments does not become coverage in gross income of the recipient for federal income tax purposes under the Code and Regulations. (c) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest payable pursuant to this Agreement (as incorporated within the schedule of payments) is not excludable from income in accordance with the Internal Revenue Code of 1986, as amended, such as to make Lessor and its assigns whole. (d) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor,and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (e) This Agreement shall be construed in accordance with,and governed by,the laws of the State in which the Property is located. (f) This Agreement constitutes the entire agreement between the parties and shall not be modified,waived,discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. (g) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement. (h) The Lessor hereunder shall have the right at any time or times, by notice to Lessee,to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. (i) All transportation charges shall be borne by Lessee. Lessee will immediately notify Lessor of any change occurring in or to the Property,of a change in Lessee's address,or in any fact or circumstance warranted or represented by Lessee to Lessor, or if any • Event of Default occurs. (j) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. (k) The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (I) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, where permitted by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the,, day of X in the year 2004. Lessor: Government Capital Corporation Witness Signature: Authorized Signature 345 Miron Dr. Print Name: South lake, TX 76092 Print Title: Lessee: City of Wylie )C Witness Signature: 1( Mark Roath, City Manager 2000 Highway 78 North Print Name: A Wylie, TX 75098 Print Title: Y TEXAS MUNICIPAL LEASE-PURCHASE ACIREEMENT • EXHIBIT A DESCRIPTION OF PROPERTY TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT No.3676 (THE "AGREEMENT') BY AND BETWEEN LESSOR, Government Capital Corporation and LESSEE, City of Wylie Dated as of October 01, 2004 QTY DESCRIPTION Laptop Computers Eleven (11) Panasonic Tough Book Laptop Computers for Police cars PROPERTY LOCATION: 2000 Highway 78 North Wylie,TX 75098 TCYrC MITATT lTTJT T. T.LT CL`_O1TD!^[InCF Tro cLMFT.1T c • EXHIBIT B » SCHEDULE OF PAYMENTS & OPTION TO PURCHASE PRICE « TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT No.3676 (THE "AGREEMENT") BY AND BETWEEN LESSOR: Government Capital Corporation and LESSEE: City of Wylie Dated as of October 01, 2004 PMT PMT DATE TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE NO. MO. DAY YR PAYMENT PAID PAID after pmt on this line 1 10/01/05 $17,882.60 $2,610.15 $15,272.45 $34,342.18 2 10/01/06 $17,882.60 $1,785.43 $16,097.17 $17,403.99 3 10/01/07 $17,882.60 $916.18 $16,966.42 $1.00 Grand Totals $53,647.80 $5,311.76 $48,336.04 Accepted By Lessee: X Mark Roath, City Manager TFXDC MITMTfT➢AT. T.F.LSF-D1TOMIDCF. L(:AF.G.MF'MT -! CITY OF WYLIE Item No. 1. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: City Manager Prepared By: Mark B. Roath Date Prepared: November 29, 2004 Exhibits: 1 AGENDA SUBJECT: Consider and act upon an Ordinance creating the Support Services Department, establishing the function of the Department, providing for a repealing, severability and savings clauses and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: Under the City Charter, Article IV, Section 6 (A), entitled City Council May Create Offices states that, "The city council may, after hearing recommendations of the city manager, create or establish departments, offices, or agencies in addition to those provided for by this Charter, and may prescribe the functions and duties of such departments, offices and agencies." This ordinance recommends the creation of the Support Services Department. The new Department would consist of smaller units that primarily provide services to other City departments. This Department would include the following divisions: Human Resources, Information Technology, Municipal Court and Purchasing. Human Resources, Information Technology and Municipal Court would be removed from the City Manager's Department and be grouped with other smaller divisions. Municipal Court functions are not related to any other department, so the recommended organizational placement is simply an accommodation. Purchasing would be removed from the Finance Department, which better reflects the organization wide scope of that service. It will also enhance purchasing internal controls. Note: Currently, purchasing is a part of finance, the same department has responsibility for both authorizing and paying for purchases. These functions should be organizationally separate for proper internal control. The Assistant City Manager will serve as the Director of the new Support Services Department. APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 11/29/2004 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS CREATING THE SUPPORT SERVICES DEPARTMENT, ESTABLISHING THE FUNCTION OF THE SUPPORT SERVICES DEPARTMENT, PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has found the need for combining smaller units that primarily provide services to other City departments; and WHEREAS, the City Manager recommends that the Human Resources, Information Technology and Municipal Court Divisions from his department be made a part of the new Support Services Department; and WHEREAS, the City Manager recommends that the Purchasing Division be transferred from the Finance Department to the new Support Services Department; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WYLIE THAT: SECTION 1. There is created and established the Support Services Department, which shall consist of the following initial divisions: Human Resources, Information Technology, Municipal Court and Purchasing. SECTION 2. The City Manager shall appoint the Director of the Support Services Department, who shall report directly to the City Manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the City of Wylie Personnel Rules and Regulations. The director shall manage the operations of the Support Services Department. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for 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 ordinance shall remain in full force and effect. SECTION 4: Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. Ordinance#2004-38 Creation of Support Services Department 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, 1'F,XAS on this 14th day of December, 2004. CITY OF WYLIE, TEXAS JOHN MONDY, Mayor ATTEST AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date(s) of Publication in the Wylie News: 12-22-04 Ordinance#2004-38 Creation of Support Services Department 2 1 City of Wylie Organizational Chart Mayor And City Council I , " , 1 ' 1 i I , Economic Boards Municipal City City Parks& I Development and Recreation ! Judge Manager Attorney ` Corporation ` Commissions ./ ` \ ` Corporation General Public Engineering Planning CommunityMil Government Safety Services i > > I I I1 Finance police BuildingPublic Worksparks Recreation Inspection Administration / i i , • 4 , {Budget AnimalStreets Control • J ,i Ccee Utilities Accounting J Enforcement) Water I 1 Fire Utilities , Purchasing N Sewer 1 4 . Emergency 1 Communication Fleet Utility Billing / Maintenance i I I i , I City Secretary i 4 Municipal Court I Table 1 Proposed Organizational Changes Mayor And City Council Wylie Econ. _> Parks& Boards s � �� City City Municipal . . Development Recreation and Manager Attorney Judge ^,-,,, .:..ration "=�� .poration -�us• missions � ..,, ,,. Assistant City Manager i Public Information Office . a .., r. I Engineering Fire Police Finance Library Support Public Building Services Services Inspections Communications Animal _ Accounting/ City _ Human _ Streets _ Building Control Finance Secretary Resources Permits .,..` .,. ". . I Wz s.r,.* minav ,. ,Jmow--,. -,u. -oxe,.o _ Utility Billing/ Planning& — purchasing — Utilities — Building Collections Zoning Water/Sewer Inspections — Information — Fleet — Code Technology Maintenance Enforcement Municipal — Parks/ Court Recreation Table 2 Proposed Organizational Changes Mayor And City Council p. Wylie Economic F Parks& Boards City City Municipal i. Development "4 Recreation , and 1;: Manager Attorney Judge Corporation i' Corporation Commissions . Assistant City Manager Public Information . Office Support Public Building Engineering Police Finance it.: Library Library Services Services P OE , Animal Accounting/ City Human — Streets _ n Inspections Communications Control Finance ~ Secretary Resources PermitsBuildig Utility Bilking/ Planning& _ Collections Zoning Utilities Building Purchasing Water/Sewer Inspections i — Information _ Fleet — Code Technology Maintenance Enforcement Municipal — Parks! Court Recreation Table 2 CITY OF WYLIE Item No. 2. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: City Manager Prepared By: Mark B. Roath Date Prepared: November 29, 2004 Exhibits: 1 AGENDA SUBJECT: Consider and act upon an ordinance dividing the Department of Community Services, creating the Building Department, establishing the function of the Department, creating the Public Service Department, establishing the functions of the Department, abolishing the Community Services Department, providing a repealing, severability and savings clauses and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: Under the City Charter, Article IV, Section 6 (A), entitled City Council May Create Offices states that, "The city council may, after hearing recommendations of the city manager, create or establish departments, offices, or agencies in addition to those provided for by this Charter, and may prescribe the functions and duties of such departments, offices and agencies." This ordinance recommends the creation of the Building Department. In addition, this ordinance recommends that the Community Services Department be renamed to Public Services Department, which better reflects its field operation functions. With approval of this ordinance, Building would be a stand alone Department—that is, equal to Planning and Zoning, etc. In addition, the Code Enforcement Division would be removed from the Police Department and put into this new Department. And, the current Building Official would be promoted to Director; thus, he would be eligible for a 5% increase in salary for the additional duties and responsibilities. APPROVED BY: Initial Date Department Director: City Manager: MBR \ 11/29/2004 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS DIVIDING THE DEPARTMENT OF COMMUNITY SERVICES, CREATING THE BUILDING DEPARTMENT, ESTABLISHING THE FUNCTIONS OF THE BUILDING DEPARTMENT, CREATING THE PUBLIC SERVICES DEPARTMENT, ESTABLISHING THE FUNCTIONS OF THE PUBLIC SERVICES DEPARTMENT, ABOLISHING THE COMMUNITY SERVICES DEPARTMENT, PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has found that the building and public works functions being performed by the Community Services Department are only related indirectly; and WHEREAS, the City Manager has found that the effective management of the building and public works operations being performed by the Community Services Department requires very different sets of knowledge and experience; and WHEREAS, the City Manager recommends that the functions of the Community Services Department be divided into a new Building Department and a renamed Public Services Department; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WYLIE THAT: SECTION 1. The Community Services Department is hereby abolished. SECTION 2. ESTABLISHMENT. 2.01 There is created and established the Building Department, which shall issue building permits, perform building inspections and property standards inspections (code enforcement); and provide other services as may be directed by the City Manager. 2.02 The City Manager shall appoint the Director of the Building Department, who shall report directly to the City Manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the City of Wylie Personnel Rules and Regulations. The director shall manage the operations of the Building Department. SECTION 3. ESTABLISHMENT. 3.01 There is created and established the Public Services Department, which shall be responsible for fleet maintenance, streets, parks and recreation, and utilities (water/sewer); and provide such other services as may be directed by the City Manager. Ordinance#2004-39 Creation of the Building and Public Service Departments 1 3.02 The City Manager shall appoint the Director of the Public Services Department, who shall report directly to the City Manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the City of Wylie Personnel Rules and Regulations. The director shall manage the operations of the Public Services Department. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for 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 ordinance shall remain in full force and effect. SECTION 5: Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14th day of December, 2004. CITY OF WYLIE, TEXAS JOHN MONDY, Mayor ATTEST AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date of Publication in the Wylie News 12-22-04 Ordinance#2004-39 Creation of the Building and Public Service Departments 2 CITY OF WYLIE Item No. 3. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: December 8, 2004 Exhibits: Resolution, Schedule AGENDA SUBJECT: Consider all matters incident to approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation, including the adoption of a Resolution pertaining thereto. RECOMMENDED ACTION: Approval of the Resolution SUMMARY: Article VII Section 8 of the City Charter establishes the City's right and power to borrow, with Section 8.D. further specifying the option of the issuance of Certificates of Obligation. As proposed, the Resolution being considered authorizes the publication of the Notice of Intent which sets out the City's plan to issue $6.35 million in Certificates of Obligation for the purpose of purchasing 253 acres. The notice is to be publishing twice, with the planned Award of Bids and adoption of the Ordinance to take place on January 11t'. The proposed use of the property includes open space, recreation facilities, and a municipal government complex. Per the contract with the Trust for Public Land, the closing on the land is to take place prior to January 31s`. The land consists of 253 acres located south of Brown Street, and east and west of both the existing and future alignment of FM 1378. A portion of the 253 acres includes a 19.2 acre tract of land that is located on FM 544 and is separated from the balance of the property by the DART right-of-way. The most recent FEMA maps identify 81 of the 253 acres as flood plain, leaving 172 net acres. Existing easements on the property include Texas Power and Light, North Texas Municipal Water District, City of Wylie Sewer, and an American Liberty Pipeline easement. The right-of-way necessary for the realignment of FM 1378 appears to be exclusively within the Wells property. The location of the property and its proximity to Muddy Creek provides key connectivity to the trail and park system per the Park Master Plan. APPROVED BY: Initial Date Department Director: MM \_12-9-04 City Manager: M�4e \ -/O-OY RESOLUTION NO. 2004-29(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of Wylie, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for (1) the purchase of land for authorized needs and purposes, to wit: (i) a City municipal government complex and (ii) City recreational facilities and (2) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in one or more series during a meeting scheduled to begin at 6:00 o'clock P.M. on the 11t1, day of January, 2005, which certificates of obligation shall be issued in a principal amount not to exceed $6,350,000 for the purpose of paying contractual obligations to be incurred for (1) the purchase of land for authorized needs and purposes, to wit: (i) a City municipal government complex and (ii) City recreational facilities and (2) professional services rendered in relation to such projects and the financing thereof; and shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. 45542635.1 Resolution 2004-29(R) Intention to Issue Certificates of Obligation SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. DULY PASSED AND APPROVED this the 14th day of December, 2004. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary 45542635.1 Resolution 2004-29(R) Intention to Issue Certificates of Obligation EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF WYLIE, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Wylie, Texas, shall convene at 6:00 o'clock P.M. on the 11th day of January, 2005, at the Wylie Municipal Complex, 2000 State Highway 78 North, Wylie Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in one or more series in an amount not to exceed $6,350,000 for the purpose of paying contractual obligations to be incurred for (1) the purchase of land for authorized needs and purposes, to wit: (i) a City municipal government complex and (ii) City recreational facilities and (2) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Carole Ehrlich City Secretary City of Wylie, Texas 45542635.1 Resolution 2004-29(R) Intention to Issue Certificates of Obligation Updated as of 11/30/04 " eftP/Sfili*: $6,350,000 Combination Tax and Revenue Certificates of Obligation,Series 2005 Dee-04 Jan-05 Feb-05 Mar-OS S Ml T N' T I S S M T \\' T I S S M T \t' T 1 S S M T \\' T F S 1 ; 3 4 II 1 4 ; 5 l 314 a ; ) '. II) II 4 :: 6 7 ' x 6 718 9 1 10_ II412 6 7; 8 9 : 10; II! I2 1 i'_ 1 I ,16:171 is ) :to: II: 1 ; 131 14:15 131 14115 16! 17 18: 19 13 Id 15 1617;Is: 19 19 0 _1 2 23:24;25 I! 17. 18: 1)-201 21 22 20 j 21_22 231 24i 25 i 26 211 I - - 4 26 26 1 27i 28i 29 1):311 3:24:25:261 271 28:29 271 28 i 27 8::.29 31):311 3I) 31 Complete By Day Event 8-Dec-04 Wednesday Provide initial draft of Official Statement to City and Bond Counsel for comments and modifications 14-Dec-04 Tuesday Council passes resolution authorizing Notice of Intent Publication for Certificates of Obligation 22-Dec-04 Wednesday Receive Official Statement information from City 23-Dec-04 Thursday Provide draft of Preliminary Official Statement to credit rating agencies and insurance companies for review 29-Dec-04 Wednesday 1st Notice of Intent published in the Wylie New 31-Dec-04 Friday Finalize Preliminary Official Statement 31-Dec-04 Friday Distribute Preliminary Official Statement electronically through i-Deal Prospectus to potential purchasers 5-Jan-05 Wednesday 2nd Notice of Intent published in the Wylie News 5-Jan-05 Wednesday Receive credit ratings 11-Jan-05 Tuesday Certificates of Obligation Sale: Take bids at 11:30 AM Award bids and adopt Ordinance at Council Meeting 17-Jan-05 Monday Prepare and distribute Final Official Statement 15-Feb-05 Tuesday Certificate closing and delivery of funds First Southwest Company CITY OF WYLIE Item No. 4. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: December 2, 2004 Exhibits: Letter of Request, Map AGENDA SUBJECT: Consider and act upon authorizing the City Manger to negotiate an Agreement with the Plano Independent School District for the provision of sewer services to a 14 acre tract in the City of Parker subject to final approval by City Council. RECOMMENDED ACTION: Authorize the City Manger to negotiate an Agreement with the Plano Independent School District. SUMMARY: The City has received a request from the Plano Independent School District (PISD) requesting sanitary sewer service to a 14 acre tract of land in the City of Parker for a future school site. ■ Staff has examined the existing sewer in the area and has determined that there is sufficient capacity to accommodate the school. ■ A portion of the northwest section of the City of Wylie is within the PISD. ■ The City of Parker is aware of the request. ■ The PISD has indicated that it is not likely to build this school within the next three years, but wishes to have the question of sewer resolved before proceeding with the purchase of the property. ■ If the Council approves this item, the City Manager will negotiate an agreement with the PISD similar to that which was approved for the residential development in far southeast Wylie. The agreement will specify the location, land use, and that the PISD is responsible for the entire cost of the installation of sewer, including any necessary off-site improvements. APPROVED BY: Initial Date Department Director: MM \ _12/2/04 City Manager: M.d/ \ i.7-9�� RESOLUTION NO. 2004-28(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO NEGOTIATE A WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND THE PLANO INDEPENDENT SCHOOL DISTRICT SUBJECT TO FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF WYLIE. WHEREAS, the Plano Independent School District (PISD) has requested sanitary sewer service to a 14 acre tract of land in the City of Parker for a future school site; and WHEREAS, staff has determined that there is sufficient capacity to accommodate a school; and WHEREAS, a portion of the northwest section of the City of Wylie is within Plano Independent School District; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to negotiate on behalf of the City Council of the City of Wylie, Texas a Wastewater Service Agreement between the City of Wylie, Texas, and the Plano Independent School District, subject to final approval by City Council. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of December, 2004. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2004-28(R) Agreement between PISD and City of Wylie for Sewer Svc/ 1 Teamwork for Excellence Plano Independent School District Business Services PLANO Independent School District November 29, 2004 Ms. Mindy Manson Assistant City Manager City of Wylie 2000 Highway 78 North Wylie, TX 75098 Ms. Manson: Please consider this a formal request by the Plano Independent School District for sanitary sewer service to a future school site in the City of Parker, outside the city limits of the City of Wylie. Enclosed is a map of the site, including the point of service requested. Please contact me at 469-752-8023, if I can provide additional information to your City Council for approval at their December 14, 2004 meeting. Thank you in advance for your consideration. Sincerely, THE PLANO INDEPENDENT SCHOOL DISTRICT (LA **IL) Richard K. Matkin, CPA Associate Superintendent of Business Services RM/dg Enclosure Administration Building 2700 NV. I5d'Street Plano.Teas 75075-7543 469/752-8100 's 'v.pisd.edu An Equal Opportunity Employer FM 2514 � ° R ' a Moss Ridgegs,\ IF McWhirter SUBJECT TRACT a Q co o te) N CC McMillian McMillian is Lil Q BROWN STREET WEST F. M. 3412 U o U a F- M ( l$ D.A.R.T. R.O.W. KIRBY F.M. 544) STREET \GNP- I S-C PEE LOCATION MAP Nn Scale CITY OF WYLIE Item No. 5. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: December 1, 2004 Exhibits: 2 AGENDA SUBJECT: Consider and act upon a request to waive the alley requirement of the Birmingham Ranch Subdivision Regulations. RECOMMENDED ACTION: Approval. SUMMARY: The subject property is zoned SF-10, and the Preliminary Plat creates 53 lots all exceeding 10,000 square feet. Alleys serve limited functions on such larger lots, as all functions (vehicular access, drainage, utilities) are accommodated by other methods. Abutting existing development does not have alleys and undeveloped property will not likely have alleys. Financial: Elimination of alleys increases number of lots and property tax revenue to City and eliminates cost to City for maintenance. On November 9, 2004, the City Council denied a request to waive the alley requirement on this property. APPROVED BY: Initial Date Department Director: CT \ _12/01/04_ City Manager: /OR \ /a-R-ov 1 Dec 01 04 09: 54a RCEI DFW 817 329 7671 P. 2 AX. ADAMS CONSULTING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS December 1, 2004 City of City of Wylie Planning Department 2000 State Highway 78 North Wylie, TX 75098 Re: Birmingham Ranch Driveway Configurations Sent via fax: 972-442-8115 Dear Sir or Madam, The purpose of this letter is to state that if an alley waiver is granted for the Birmingham Ranch Subdivision, then the developer will agree to require that not less than 80%of the houses have "T or swing drives with side or rear entry garages. If you have any questions or concerns, please feel free to contact me at 817-329-6990. Sincerely, Adams Consulting Engineers,Inc. 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W I. on addlgen to the City o• f Wy14,Cel6n � 1t °T County,Yeses being 16.039 acres In the I I I \ Mores,Pholen Survey,Abstract Number 695 ,I__ � 4 , In the city of Wylie,Collin County,Taxon - eeraroJi gatdl l� October 2004 T// \broYLe•I 05.0•' W TOTAL •62 ... 3o.W 11.0 T .LOT 511E5: 0 4Rp. • 4. 60' 2 126' m1oOCS.IDIWI L7MnE od x WIN.LOT AREA: 10,000 S.F. AMMO.,a COMA..PANEL •.0e,eo•lo O.WOO 4...Pt1090 Orati .E RURAL[IOU.,NVOCI00„4CERC4,feel...R000 MOM. PPOCMF,4P 1.PPOPEP11 IS lat.r1000 2CME,',pec,1 n F01 A SPEC. Ytl411! Frain TRIP ILIUM L' row I*oat IR..If 1w.WE IS 141 44100 AN 0R11r(0 SM.0L000 ua,P NM YAM SI4Cp 2A' WI.00 AKA.04S.1000 Ad1(v0M DOES Fp p0.11W1 11 PROPER. own(4/DEV[IOPER: SURVEYOR: EmL7MEER: SW TARO SLOG*1C W LOT MOW ♦r1o/OF lK 9R1IC11NE5,..CIP GILL L.NE IOW ILOGM4 OP ILOOp Weal/I1 6MA Nerd 30.m1R 1 .+R. Is aigROI 4.1 ieer•�K COWS 101 ee(IAeA tar 0•r1•rE.ON RM[OCCP34F5.CPURR rL0009 004•M Mt OCCLe Na fL000 ,± 040 06 MN 1.0 R[Y LOT e0(CAL'>h' 9,WL NM fM`ld['OLMBl0�w 111t o 04 p,It1 SLAL(oa ti 11'•e,1N1«EFt Er P w'1. s+.1• �l»3ain irw y/ga�"'isR.r an.. w Ora.a.isms..* CITY OF WYLIE Item No. 6. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Wylie Economic Development Corp. Prepared By: Sam Satterwhite Date Prepared: December 3, 2004 Exhibits: 7 AGENDA SUBJECT: Conduct a Public Hearing for, as well as Consider and Act Upon, the Abandonment of a Portion of the Cul-de-Sac Located on Cooper Drive, Containing 0.072 Acre, More or Less, Situated in the S.B. Shelby Survey, Abstract No. 820 and Being a Portion of Cooper Drive Right-of-Way as Dedicated to the City of Wylie According to the Plat of Wylie Industrial Park, Block A, an Addition to the City of Wylie, Recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas. RECOMMENDED ACTION: Approve. SUMMARY: The Wylie Economic Development Corporation (WEDC) purchased a 5.03 acre tract of land on State Highway 78 in 1999 from Extruders division of Atrium Companies, Inc. Since that time, the WEDC has removed a 105,000 square foot extrusion plant from the site, taken steps to ensure the environmental quality of the site, contracted with The Staubach Company to market the site for retail and commercial development, and purchased 0.69 acres of excess right-of-way from Collin County. The WEDC is currently under contract with Shafer Properties and The Cirrus Group to develop the site with a mixed use of office and retail development. As per the contract with Shafer, the WEDC must commit funds through an escrow agreement and construct the extension of Cooper Drive from the point at which the existing cul-de-sac dead ends to the existing entrance on State Highway 78. Exhibit "C" depicts the proposed alignment of Cooper Drive extension. Regardless of the outcome of the contract with Shafer, the WEDC is constructing the extension as it directly impacts the contract with Cirrus and the overall development of the site. Being that the road extension will match the existing 50' right-of-way, there will remain 0.072 acre outside of the 50' which is currently City of Wylie right-of-way required for the cul-de-sac. The excess right-of-way will no longer be necessary for the City of Wylie to maintain as Cooper Drive extension is constructed. The excess right- of-way is depicted on Exhibit "A", Parcels 1 —4, and more particularly described in Exhibit "B". Parcels 1 and 4 are owned by the WEDC, Parcel 2 is owned by Jon David Scheel, and Parcel 3 is owned by Duel Products, Inc. APPROVED BY: Initial Date Department Director: SS \ 12-6-04 City Manager: Mde AGENDA SUBJECT: Conduct a Public Hearing for, and Consider and Act Upon an Ordinance approving the Abandonment of a Portion of the Cul-de-Sac Located on Cooper Drive, Containing 0.072 Acre, More or Less, Situated in the S.B. Shelby Survey, Abstract No. 820 and Being a Portion of Cooper Drive Right-of-Way as Dedicated to the City of Wylie According to the Plat of Wylie Industrial Park, Block A, an Addition to the City of Wylie, Recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas. SUMMARY: (Continued) Exhibits "D", "E", and "F" represent releases of any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which may possess at the time of the right-of-way abandonment, or which come to exist as a result of conduct occurring prior to the right-of-way abandonment, relating in any way to the road. All property owners have been contacted and will be executing said documents prior to December 11, 2004. An executed copy of each release will be provided to the City Managers office prior to the holding of a public hearing or consideration of an ordinance relating to the abandonment. While the releases will provide an abundance of caution for the City, they are not required for the City Council to act on this abandonment should Council determine that abandonment is in the best interest of the community. Chapter 311.007 of the Texas Transportation Code allows for a Home-Rule Municipality to abandon a street (or a portion thereof). Following formal approval of the abandonment ordinance (Exhibit "G"), ownership of each parcel will automatically revert to the adjacent property owners. EXHIBIT "A " Square Footage Parcel El1,270 sq. ft. - 0.029 acre r , +;`Y' Parcel L2 724 sq. ft. - 0.017 acre v + „ + `Y Parcel ® 874 sq. ft. - 0.020 acre Parcel ® 244 sq. ft. - 0.006 acre w/ Lot 11 Duel Products, Inc. / Lot 10 Volume 4361, Page 418, D.R.C.C.T. ' pop, P.O/Pr Existing Parcel 3 Right-of-Way Parcel 4 �6 C ,/ 9(NG tioY) C� to �) "Ilk. 1 3 1 J L-7 GO°ed 50' L- • _5 - C-8 Ca P1oP \_________,,,.,%� 6 C 4 Proposed // Right-of-Way L-2 ... Lot i-re L-3 C-4 C--1 Existing Right-of--Way 2 �r 1 Lot 9 Cooper Drive 1 (an existing 50' Right-of-Way) 3 C `:;: COcP., FDA POP, •" N ent 3 f Parcel 2 Parcel 1 a\09 a�j6° O9 Lot 7 0 517'�5. 1 , Jan David Scheel Lot 8 cone 4 0.R Volume 5081, Page 4216, le \U D.R.C.C.T. SAL n n RK '$' �o III ,. 7 SUS . 55, IV / GNU page Parcel 1 Parcel 3 L-1 N06 27'00 E 27.34' Y� L-5 S1274'00"W 19.22' L-2 N68'21'44"E 10.06' L-6 N8744'33"W 12.87' C-1 C-2 C-5 C-6 Radius = 175.00' Radius = 50.00' Radius = 125.00' Radius = 50.00' Length = 44.01' Length = 76.19' Length = 36.45' Length = 61.24' Delta = 1424'33" Delta = 877826" Delta = 16'42'27" Delta = 70'10'33" Chrd. Brg. = N75'33'59 E Chrd. Brg. = S52'43'03"W Chrd. Brg. = 58354'11"W Chrd. Brg. = N6770'55 E Chrd. Length = 43.89' Chrd. Length = 69.03' Chrd. Length = 36.32' Chrd. Length = 57.48' Parcel 2 Parcel 4 L-3 587'44'33"E 12.87' L-7 56871'44"W 10.66' L-4 S0677'00"W 27.34' L-8 N12'14'00"E 19.22' C-3 C-4 C-7 C-8 Radius = 50.00' Radius = 175.00' Radius = 50.00' Radius = 125.00' Length = 48.77' Length = 28.98' Length = 23.23' Length = 15.68' Delta = 55'53'11" Delta = 0929'17" Delta = 2637'11" Delta = 07'11'14" Chrd. Brg. = N55'41'01"W Chrd. Brg. = N87'30'51"E Chrd. Brg. = 564'15'10"E Chrd. Brg. = 571 57'20"W Chrd. Length = 46.86' Chrd. Length = 28.94' Chrd. Length = 23.02' Chrd. Length = 15.67' LONE EM41.31 gam: 1 OF 3 S UgR\-neleir,g MI2100 ATE: 12/01/04 Right-of-way D 713 Tower Lana setts 1as c ? ";-,. ;=:': ,:>'F JOB NO.: 2004-0562-1 s .-.,.� ..c. Abandonment YoIIans� ims 75069 'r^'•=i�= ;•r'-::1i.cv ;' ` (ai)su-su-stun(tax)214-au-sus 'w '.. <an 1 fgA z" ' DRAWN BY: CSH EXHIBIT "B" METES AND BOUNDS DESCRIPTION: Parcel 1 Being a tract or parcel of land situated in the City of Wylie, Collin County, Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being a portion of Cooper Drive right—of—way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Mop Records of Collin County, Texas, Texas and being more particularly described os follows: BEGINNING at an "X" cut in concrete found for corner in the curving southerly right—of—way line of said Cooper Drive (a 50 foot radius at this point), being the common northerly corner of Lot 7 and Lot 8 of said addition and being a westerly northwesterly corner of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County, Texas; THENCE North 0627'00" East along the northerly projection of the common line of said Lot 7 and Lot 8 and the northerly projection of o westerly line of said Wylie Economic Development Corporation tract a distance of 27.34 feet to an "X" cut in concrete set for corner within said Cooper Drive right—of—way, THENCE in a northeasterly direction within said right—of—way and along a curve to the left whose chord bears North 75'33'59" East, having a radius of 175.00 feet, a central angle of 14'24'33" and an arc length of 44.01 feet to "X" cut in concrete set for corner at the end of said curve to the left; THENCE North 6821'44" East within said right—of—way a distance of 10.06 feet to a M inch iron rod with cap stamped "LONE STAR" set for corner in the curving easterly terminus of said Cooper Drive right—of—way, said iron rod also being in a westerly line of said Wylie Economic Development Corporation tract and Lot 9 of said addition; THENCE in a southwesterly direction along said easterly terminus and said westerly line, passing the most westerly corner of said Lot 9 and along the northwesterly line of said Lot 8 and also along a curve to the right whose chord bears South 52'43'03" West, having a radius of 50.00 feet, a central angle of 87'18'26" and an arc length of 76.19 feet to the POINT OF BEGINNING and containing 1,270 square feet or 0.029 acres of land. Parcel 2 Being a tract or parcel of land situated in the City of Wylie, Collin County, Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being a portion of Cooper Drive right—of—way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas, Texas and being more particularly described as follows: BEGINNING at an "X" cut in concrete found for corner in the curving southerly right—of—way line of said Cooper Drive (a 50 foot radius at this point), being the common northerly corner of Lot 7 and Lot 8 of said addition and being a westerly northwesterly corner of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County, Texas; THENCE in a northwesterly direction along said right—of—way line and along the northeasterly line of said Lot 7 and along a curve to the right whose chord bears North 55'41'01" West, having a radius of 50.00 feet, a central angle of 55'53'11" and an arc length of 48.77 feet to an "X" found for corner in the southerly right—of—way line of said Cooper Drive (50 feet wide at this point), being the most northerly northeasterly corner of said Lot 7; THENCE South 87'44'33" East within said right—of—way and along the easterly projection of said southerly right—of—way line a distance of 12.87 feet to an "X" cut in concrete set at the beginning of a curve to the left; THENCE in a easterly direction within said right—of—way and along said curve to the left whose chord bears North 87'30'51" East, having a radius of 175.00 feet, a central angle of 09'29'17" and an arc length of 28.98 feet to an "X" cut in concrete set for corner; THENCE South 0627'00" West along the northeasterly projection of the common line of said Lot 7 and Lot 8 and the northeasterly projection of a westerly line of said Wylie Economic Development Corporation trac a �' distance of 27.34 feet to the POINT OF BEGINNING and containing 724 square feet r 0.017 acres of I d �/ / / ( // __ , 4L OO N E: 7 i 2„. 1 gam!': !j 2 OF 3 S V R-Vainrap Waga Right—of—way DATE 12/01/04 •713 Tower Zane 8a11dinn a salt. m8 t a'''^' h` :: Abandonment JOB NO.: 2004-0562-1 MalQnnq, Taws 75000 `` s.";it'• r Z "` " % �ve > DRAWN 81 �5H(tel)214-544-2170 Om)814-b/4-8J5L i to , ',,, .:` EXHIBIT "B" METES AND BOUNDS DESCRIPTION: Parcel 3 Being a tract or parcel of land situated in the City of Wylie, Collin County, Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being a portion of Cooper Drive right—of—way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas, Texas and being more particularly described as follows: BEGINNING at an 'X" cut in concrete set for corner in the curving northerly right—of—way line of said Cooper Drive (a 50 foot radius at this point), being the common southerly corner of Lot 10 and Lot 11 of said addition and being a westerly southwesterly corner of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County, Texas; THENCE South 12'14'00" West leaving said right—of—way line and along the southwesterly projection of said Lot 10 and Lot 11 and a southwesterly projection of a westerly line of said Wylie Economic Development Corporation tract a distance of 19.22 feet to an "X" cut in concrete set for corner within said Cooper Drive right—of—way; THENCE in a westerly direction within said right—of—way and along a curve to the right whose chord bears South 8354'11" West, having a radius of 125.00 feet, a central angle of 16'42'27" and an arc length of 36.45 feet to an "X" cut in concrete set at the end of said curve to the right; THENCE North 87'44'33" West along the easterly projection of the northerly right—of—way line of said Cooper Drive (50 feet wide) a distance of 12.87 feet to an "X" cut in concrete found for corner, being the most southerly southeasterly corner of said Lot 11; THENCE in a northeasterly and easterly direction along said curving northerly right—of—way line and along the southeasterly line of said Lot 11 and along a curve to the left whose chord bears North 6720'55" East, having a radius of 50.00 feet, a central angle of 70'10'33" and an arc length of 61.24 feet to the POINT OF BEGINNING and containing 874 square feet or 0.020 acres of land. Parcel 4 Being a tract or parcel of land situated in the City of Wylie, Collin County, Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being a portion of Cooper Drive right—of—way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas, Texas and being more particularly described as follows: BEGINNING at an "X" cut in concrete set for corner in the curving northerly right—of—way line of said Cooper Drive (a 50 foot radius at this point), being the common southerly corner of Lot 10 and Lot 11 of said addition and being a westerly southwesterly corner of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County, Texas; THENCE in a southeasterly direction along the easterly terminus of said Cooper Drive right—of—way and the southwesterly line of said Lot 10 and a westerly line of said Wylie Economic Development Corporation tract and along a curve to the right whose chord bears South 64'15'10" East, having a radius of 50.00 feet, a central angle of 2637'11" and an arc length of 23.23 feet to a X inch iron rod with cap stomped "LONE STAR" set for corner; THENCE South 6821'44" West leaving said right—of—way line a distance of 10.66 feet to an "X" cut in concrete set within said Cooper Drive right—of—way and at the beginning of a curve to the right; THENCE in a westerly direction within said right—of—way and along said curve to the right whose chord bears South 71'57'20" West, having a radius of 125.00 feet, a central angle of 07'11'14" and an arc length of 15.68 feet to on "X" cut in concrete set for corner; THENCE North 12'14'00" East along the southwesterly projection of the common line of said Lot 10 and Lot 11 and the southwesterly projection of a westerly line of said Wylie Economic Development Corporation tract a distance of 19.22 feet to the POINT OF BEGINNING and containing 244 square feet or 0.006 acres o land. l l L O ilv E dam swam U 3 OF 3 C rWM' a Right—of—way DATE: 12/01/04 713 Tower Lan.Banding a Suite 108 hi? ` ^' Abandonment JOB Na: 2004-0562-1 Yalu., Texas 75080 (t.l)E1e-544-8170 gar)214-584-2354 ;�::�r < = DRAWN BY: CSH 1 I -; N .a �,t • ♦ �. /.r? • t / / / / , 4••1 . \ \ •••1." •... \ ....-•• •\ i ) • ,\s \iii, ...... \ , , ,,, ,.. ,,/, .... ,. , , . •, , , .,. ....,. \ % , , . ,, , , , .......,._ ..... . , „ • , , , • • ., .., , , . , , , , _____________ _ ,. _ . .., ...., . , , ,,. , ,,„ ....., , . • ..... . ..... ) , , . , ,, ..,... •:,.\ , ; , , , , , .. \ .....„ • , , , ______________,.___. ,.) , , , , , , , , ,/ / , • li• ' she• , / /r ,, ,/ , ♦i \ I / // - ,., ' •3 I • ;Ir. , f€t3BtontlS,: / • I ; I I , / / / •I i I z1 - I i / / ,/ / # % 4`. •i ' : / I / / , // ,♦. -r.15+ :.; ti ' /'.�'♦ -` � HELMBERGER ASSOCIATES x ,I / / , / �. ...- i : ' '' I' / IAt/ ;x; ♦• ;�"" CIVIL AND ENVIRONMENTAL ENGINEERS - --_—j__ - \ I 0 , 03 o..o0,0 uo.o..+uC alas ilcN wrn..r7i COOIV XiNSION ...\2004Jobs\04100\exhibit.dgn 12/3/2004 9:02:45 AM Exhibit "D" RELEASE OF CLAIMS (Wylie Economic Development Corporation) In consideration of the abandonment of a portion of the cul-de-sac located on Cooper Drive, containing 0.035 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park,Block A, an addition to the City of Wylie, recorded in Volume 8,Page 55 of the Map Records of Collin County, Texas, as more particularly described and depicted in Exhibits "A" and "B", respectively, attached hereto and incorporated herein for all purposes(the"road"), the receipt and sufficiency of which are hereby acknowledged, the Wylie Economic Development Corporation, a Texas corporation, releases any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which it may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to the execution of this document, relating in any way to the road. The undersigned is fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). The undersigned represents and warrants that the claims released above are currently owned solely by the Wylie Economic Development Corporation, free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. The undersigned further represents and warrants that he/she has the right to compromise and settle the claims and any other claims that could have been asserted by the Wylie Economic Development Corporation which relate in any way to the road. The Wylie Economic Development Corporation agrees to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives,from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties'respective legal heirs, successors and assigns. Should any portion(word, clause, phrase, sentence, paragraph or section)of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. The undersigned agrees that venue in the event of any dispute relating to, in any way, this Release, shall be exclusively in Collin County, Texas. In witness whereof, the undersigned has executed this Release on this the day of , 2004, as the duly authorized representative of the Wylie Economic Development Corporation. RELEASE OF CLAIMS(WYLIE ECONOMIC DEVELOPMENT CORPORATION) PAGE 1 WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation By: Printed Name: Its: ACKNOWLEDGEMENT State of Texas § County of § Before me, the undersigned authority, on this day personally appeared , the and duly authorized representative of the WYLIE ECONOMIC DEVELOPMENT CORPORATION,a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the WYLIE ECONOMIC DEVELOPMENT CORPORATION, and he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office on this the day of , 2004. Notary Public, State of Texas My Commission Expires: Print or Type Notary's Name: RELEASE OF CLAIMS(WYLIE ECONOMIC DEVELOPMENT CORPORATION) PAGE 2 Exhibit "E" RELEASE OF CLAIMS (JON DAVID SCHEEL) In consideration of the abandonment of a portion of the cul-de-sac located on Cooper Drive, containing 0.017 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park,Block A, an addition to the City of Wylie, recorded in Volume 8,Page 55 of the Map Records of Collin County, Texas, as more particularly described and depicted in Exhibits "A" and "B", respectively, attached hereto and incorporated herein for all purposes (the"road"), the receipt and sufficiency of which are hereby acknowledged, I, Jon David Scheel, release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives,which I may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to the execution of this document, relating in any way to the road. I am fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal,valid and binding act and deed of the releasing party(ies). I represent and warrant that the claims released above are currently owned solely by me,Jon David Scheel, free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. I further represent and warrant that I have the right to compromise and settle the claims and any other claims that could have been asserted by me which relate in any way to the road. I agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties'respective legal heirs, successors and assigns. Should any portion(word, clause, phrase, sentence, paragraph or section)of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. I agree that venue in the event of any dispute relating to, in any way, this Release, shall be exclusively in Collin County, Texas. In witness whereof, I have executed this Release on this the day of , 2004. RELEASE OF CLAIMS(JON DAVID SCHEEL) PAGE 1 JON DAVID SCHEEL ACKNOWLEDGEMENT State of Texas § County of § Before me, the undersigned authority, on this day personally appeared JON DAVID SCHEEL,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of , 2004. Notary Public, State of Texas My Commission Expires: Print or Type Notary's Name: RELEASE OF CLAIMS(JON DAVID SCHEEL) PAGE 2 Exhibit "F" RELEASE OF CLAIMS (Duel Products, Inc.) In consideration of the abandonment of a portion of the cul-de-sac located on Cooper Drive, containing 0.02 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park,Block A, an addition to the City of Wylie, recorded in Volume 8,Page 55 of the Map Records of Collin County, Texas, as more particularly described and depicted in Exhibits "A" and "B", respectively, attached hereto and incorporated herein for all purposes(the"road"), the receipt and sufficiency of which are hereby acknowledged, Duel Products, Inc., a Texas corporation, releases any and all claims against the City of Wylie, Texas, and its Council Members,officers,agents, employees and representatives,which it may possess at the time of the execution of this document,or which come to exist as a result of conduct occurring prior to the execution of this document, relating in any way to the road. The undersigned is fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). The undersigned represents and warrants that the claims released above are currently owned solely by Duel Products,Inc.,free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. The undersigned further represents and warrants that he/she has the right to compromise and settle the claims and any other claims that could have been asserted by Duel Products, Inc. which relate in any way to the road. Duel Products,Inc. agrees to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties'respective legal heirs, successors and assigns. Should any portion(word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. The undersigned agrees that venue in the event of any dispute relating to, in any way, this Release, shall be exclusively in Collin County, Texas. RELEASE OF CLAIMS(DUEL PRODUCTS,INC.) PAGE 1 In witness whereof, the undersigned has executed this Release on this the day of , 2004, as the duly authorized representative of Duel Products, Inc. DUEL PRODUCTS, INC., a Texas corporation By: Printed Name: Its: ACKNOWLEDGEMENT State of Texas § County of § Before me, the undersigned authority, on this day personally appeared , the and duly authorized representative of DUEL PRODUCTS,INC., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument;he/she acknowledged to me he/she is the duly authorized representative for DUEL PRODUCTS,INC., and he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office on this the day of , 2004. Notary Public, State of Texas My Commission Expires: Print or Type Notary's Name: RELEASE OF CLAIMS(DUEL PRODUCTS,INC.) PAGE 2 Exhibit "G" ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING A PORTION OF THE CUL-DE-SAC LOCATED ON COOPER DRIVE, CONTAINING 0.072 ACRE, MORE OR LESS, SITUATED IN THE S.B. SHELBY SURVEY, ABSTRACT NO. 820 AND BEING A PORTION OF COOPER DRIVE RIGHT-OF-WAY AS DEDICATED TO THE CITY OF WYLIE ACCORDING TO THE PLAT OF WYLIE INDUSTRIAL PARK, BLOCK A, AN ADDITION TO THE CITY OF WYLIE, RECORDED IN VOLUME 8, PAGE 55 OF THE MAP RECORDS OF COLLIN COUNTY, TEXAS; 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(the"City Council")has received a request to abandon, pursuant to §311.007, Texas Transportation Code, a portion of the cul-de-sac located on Cooper Drive, containing 0.072 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie, recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas; and WHEREAS,the City Council has held a public hearing on the abandonment and notified the abutting property owners of the proposed abandonment of the portion of the right-of-way described herein; and WHEREAS, the City Council has investigated and determined that it is in the best interest and for the purpose of benefiting the public generally to abandon a portion of the Cooper Drive right- of-way as described herein and that it is not solely for the benefit of private interest. 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: Abandonment of Portion of Right-of-Way for Cooper Drive. Wylie hereby abandons a portion of the cul-de-sac located on Cooper Drive, containing 0.072 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive right-of- way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie, recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas, which abandonment is more particularly depicted and described in Exhibits "A" and "B", respectively, attached hereto and incorporated herein for all purposes. Ordinance#2004- Abandonment of a portion of Cul-De-Sac located on Copper Drive 1 L:\Agenda Packets 2004\12-14-04\Attachments\R.O.W.Abandonment Ordinance.doc SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for 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. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase ofthis 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 it 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 be effective immediately upon its passage and approval. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14th day of December, 2004. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Published in the Wylie News December 22,2004 Ordinance#2004- Abandonment of a portion of Cul-De-Sac located on Copper Drive 2 L:\Agenda Packets 2004\12-14-04\Attachments\R.O.W. Abandonment Ordinance.doc CITY OF WYLIE Item No. 7. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: December 03, 2004 Exhibits: 25 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Agriculture(A)to Planned Development District(PD) for neighborhood retail and single-family residential uses of varied densities. Zoning Case No. 2004-14. RECOMMENDED ACTION: Planning and Zoning Commission voted 4- 1 to recommend denial on November 16, 2004. The affirmative vote of at least three-fourths of all members of the Council is required for approval. SUMMARY: Owner: DR Horton Homes and Kreymer Family Applicant: DR Horton Homes Public Notification/Comments -50 mailed, 16 returned (1 favoring, 11 opposing). Written opposition represents more than 20%of the legal notification area, requiring the affirmative vote of three-fourths of the entire Council to approve. The subject property totals 158 acres, 66.2 acres of which are not within the Wylie corporate limits. The annexation of this County jurisdiction is under consideration by the City Council on the current agenda and be complete prior to consideration of zoning. Most of the property is undeveloped and earlier used for agriculture, except for several scattered rural homesteads. A 30 ft. wide sanitary sewer easement, which traverses the tract in a north/south direction, generally divides the property in two sections. The western section is nearly 92 acres in size and already incorporated. It is traversed in an east/west direction by a 250 ft. wide easement for a major overhead electric transmission line. The eastern section is currently being annexed and totals 66.2 acres, and is traversed north/south by a limited floodplain. APPROVED BY: Initial Date Department Director: CT \ 12-03-04 City Manager: iV81' \ /a-%-as 1 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Planned Development District (PD) for neighborhood retail and single-family residential uses of varied densities. Zoning Case No. 2004-14. SUMMARY: (Continued) The Comprehensive Plan recommends the entirety of the property (including the newly annexed portion)be developed as Country Residential uses with single-family detached lots exceeding 1 acre in size. This recommendation of the Plan allows potential for approximately 150 lots or density of 1 lot per acre. The PD Conditions allow as many as 456 residential lots or a potential density of 2.9 lots per acre. The PD therefore does not conform to the recommended density of the Plan. The proposal is to create a dense, pedestrian-oriented neighborhood, based on a modification of"Neotraditional" or "New Urbanist" planning philosophies. The PD zoning is required to accomplish this philosophy which differs significantly in density and development requirements from Wylie's standard codes. The Conditions of the PD establish 10 different lot types, ranging from 4,400 sq. ft. (23% of the total lots) to 20,000 sq. ft. (4.4%of the total). 77.6% of these are to be 8,500 sq. ft. or smaller, the smallest lot currently permitted by the Zoning Ordinance. Only 19.3%are to be to be greater than 10,000 sq. ft. and none are the acre size recommended by the Comprehensive Plan. The PD also proposes smaller setbacks than required by the Zoning Ordinance, with front and rear yards of 15 ft. and 20 ft. respectively (rather than the normal 25 ft.)and side yards of 5 to 15 ft. (rather than the standard 7 to 15 ft.). The PD Conditions establish a minimum house size of 1,750 sq. ft. and 77.6%of the total houses may be as small as this, while 20.4% of the houses must exceed 1,900 sq. ft. The minimum house size recommended by the Comprehensive Plan for the property is 2,600 sq. ft. The PD proposes to substitute architectural design of the residences based on"traditional neighborhood design", rather than the standard requirements of the Zoning Ordinance. Although some of these requirements are very similar to the standards of Wylie's Ordinance (front porches, steeply-pitched roofs with dormers, vertical windows, yard trees and picket fences), others are not ("cementatious fiber board" for exterior wall materials rather than the required 100% masonry walls). Nonresidential development will comply fully with the current City regulations. The PD proposes street rights-of-way of 27 ft., rather than the currently required 31 ft. Alleys are proposed to be 16 ft. of right-of-way and 10 ft. of pavement, rather than the required 20 ft. and 12 ft. The City Engineer recommends denial of this element of the PD. The PD proposes to dedicate 34.3 acres (22% of the total property) as public land, and that this open space and developer-funded park improvements (the PD mentions "trails"), and these are to substitute fully for the City Park Dedication requirement. A private swim center is proposed. This open space and facility are to be maintained by the private Homeowners Association, and be largely limited to access by the residents of the development. The City's park land dedication requirement is 22.8 acres for the proposed 456 lots. However, about 13 acres of the proposed open space is occupied by the electric transmission lines or floodplain, and not eligible for dedication. The remainder of the open space/park land is divided into numerous small tracts (the largest of which is 3 acres) in order that every residential lot adjoins open space. The smallest parcel eligible for dedication as City park land is 5 acres, and the Park Board recommends denial of this element of the proposal (see attached memo). The PD provides that no perimeter screen wall be provided, although the entrances to subdivisions will be identified by monumentation. Financial Consideration—NA 2 NOTIFICATION REPORT APPLICANT: David Booth of DR Hortoon APPLICATION FILE #2004-14 4306 Miller Road Rowlett, Texas 75088 01 *FO R # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS . Applicant- David Booth 4306 Miller Road Suite A 1 DR Horton Rowlett, Texas 75088-8033 Tramell Addition 4306 Miller Road Suite A 2 BIk 1 Lot 1 R-4659-001-0010-1 DR Horton Texas Ltd Rowlett,Texas 75088-8033 i Cimarron Estates#1 2716 Gold Hill Drive 3 Blk K Lot 1 R-5126-00K-0010-1 Alex Jones Wylie, Texas 75098 Cimarron Estates #1 2714 Gold Hill Drive 4 BIk K Lot 2 R-5126-00K-0020-1 Robert Endsley Wylie, Texas 75098 Cimarron Estates #1 2712 Gold Hill Drive 5 81k K Lot 3 R-5126-00K-0030-1 Nathan Curtis Wylie, Texas 75098 Cimarron Estates#1 2710 Gold Hill Drive 6 BIk K Lot 4 R-5126-00K-0040-1 Danny Husk Wylie, Texas 75098 ° Cimarron Estates #1 2708 Gold Hill Drive 7 BIk K Lot 5 R-5126-00K-0050-1 James Williams Wylie, Texas 75098 Cimarron Estates #1 2706 Gold Hill Drive 8 BIk K Lot 6 R-5126-00K-0060-1 Jacob Cortez Wylie, Texas 75098 Cimarron Estates #1 1800 Lakeway Drive#100 9 Blk K Lot 7 R-5126-00K-0070-1 Centex Homes Lewisville,Texas 75057-6438 Cimarron Estates #1 1800 Lakeway Drive#100 10 BIk K Lot 8 R-5126-00K-0080-1 Centex Homes Lewisville, Texas 75057-6438 Cimarron Estates #1 2800 Gold Hill Drive 11 Blk J Lot 42 R-5126-00J-0420-1 Michael Walters Wylie, Texas 75098 Cimarron Estates#1 1800 Lakeway Drive#100 12 BIk F Lot 43 R-5126-00E-0430-1 Centex Homes Lewisville, Texas xasTroy 75Ro057-6438 Wylie Ranch East d 13 --- Lot 21 R-1181-000-0210-1 East Fork Sepcial Utility District 3400 Wylie, Texasra 7509er 8e Wylie Ranch East 14 --- Lot 22 R-1181-000-0220-1 Glen Starnes Clarksville, 1905 E. Brown --- 37042-4552 Wylie Ranch East Street 15 Lot 23A R-1181-000-023A-1 Timothy Hall Wylie,Texas 75098 Wylie Ranch East 1915 E. Brown Street 16 --- Lot 236 R-1181-000-0236-1 Dwight Wolters Wylie, Texas 75098 Wylie Ranch East 1921 E. Brown Street --- 17 Lot 24A R-1181-000-024A-1 Hugo Franen, Jr. Wylie,Texas 75098 Wylie Ranch East 1925 E. Brown Street 18 --- Lot 24 B R-1181-000-024B-1 Donald Flaharity Wylie,Texas 75098 Wylie Ranch East 1935 E. Brown Street Texas 75098 e yli , 19 --- Lot 25A R-1181-000-025A-1 Earl Myers Wylie, 184 Brown Street Wylie Ranch East e,Texas 75098 /r 20 --- Lot 25B R-1181-000-025E-1 Leonard Smith Wylie, Brown Street Wyndham Estates #2 141Wylie, Texas 75098 21 Blk H I Lot 23B I R-2084-00H-023E-1 Patrick Premo pp Box 1463 75 Wyndham Estates #2 22 Blk H I Lot 24A I R-2084-00H-024A-1 Jo Dean Brooks Wylie, Texas 750981415 E. Brown Street Wyndham Estates #2 Texas 75098 23 Blk H Lot 248 R-2084-00H-024E-1 Susan Morse Wylie,4306 Miller T Road Suite098 A Avalon #1 E 24 BIk A Lot 1 R-8490-OOA-0010-1 DR Horton Texas Ltd Rowlett,4306 Miller Road75088-8033 Suite A Avalon #1 75088-8033 Rowlett,Texas Row 25 Blk A Lot 2 R-8490-00A-0020-1 DR Horton Texas Ltd 2000 S.H. 78 North Avalon #1 Wylie, Texas 75098 26 Blk A Lot 11 R-8490-OOA-0110-1 City of Wylie 4306 Miller Road Suite A Avalon #1 033 Rowlett,Texas 75088-8 27 Blk B Lot 1 R-8490-00B-0010-1 DR Horton Texas Ltd R 4306 Miller Road Suite8-8 A I Avalon #1 28 Blk B Lot 2 R-8490-00B-0020-1 DR Horton Texas Ltd Rowlett,Texas 75088-8033 4306 Miller Road Suite A Avalon #1 Rowlett,Texas 75088-8033 29 Blk B Lot 11 R-8490-OOB-0110-1 DR Horton Texas Ltd R4306 Miller Road Suite A Avalon #1 033 t,Texas 7508 Rowlett,30 BIk B Lot 12 R-8490-00B-0120-1 DR Horton Texas Ltd R 4Mel Miller Road Suite8-8 A Avalon #1 Rowlett,Texas 31 Blk B Lot 13 R-8490-008-0130-1 DR Horton Texas Ltd 4306 Miller Road 75088-8033Suite Avalon #1 3 03 A Rowlett,Texas 75088-8 32 Blk B Lot 14 R-8490-00B-0140-1 DR Horton Texas Ltd 4306 Miller Road Suite8-8 A 3 Avalon #1 33 BIk B Lot 31 R-8490-00B-0310-1 DR Horton Texas Ltd Rowlett, Texas 75088-8033 4306 Miller Road Suite A Avalon #1 033 Rowlett, Texas 75088-8 34 BIk B Lot 32 R-8490-00B-0320-1 DR Horton Texas Ltd R 4306 Miller Road Suite8-8 A Avalon #1 35 BIk B Lot 33 R-8490-00B-0330-1 DR Horton Texas Ltd Rowlett, owlet Touchstones st750 Road 3 3645Texas 75098 09.8 36 Abst. 688-5 Tract 220 R-6688-005-2200-1 Timmy Kreymer Wylie,4306 MillerT Road Suite A Texas 75088-8033 37 Abst. 688-5 Tract 221 R-6688-005-2210-1 DR Horton Texas Ltd Rowlett,4306 Miller Road Suite A 38 Abst. 688-5 Tract 219 R-6688-005-2190-1 DR Horton Texas Ltd 3 00 Custeres 75088-8033 Road #1048 Plano, Texas 75023 39 Abst. 688-5 Tract 217 R-6688-005-2170-1 Guy Lux Pp Box 307 40 Abst, 688-5 Tract 213 R-6688-005-2130-1 Richard Parker Wylie, Texas 75098 4306 Miller Road Suite A 41 Abst. 688-5 Tract 212 R-6688-005-2120-1 DR Horton Texas Ltd Rowlett, 306 Mille Texr as 7508ad 88 8 33 A 42 Abst. 688-5 Tract 211 R-6688-005-2110-1 DR Horton Texas Ltd Row036,Te as 75088-8mer033 X 43 Abst. 688-5 Tract 223 R-6688-005-2230-1 Joe Tolleson Wylie, Texas 75098 1053 S. Kreymer Lane X 44 Abst. 688-5 Tract 125 R-6688-005-1250-1 Debra Healy Wylie,Texas 75098 1033 S. Kreymer Lane 0 45 Abst. 688-5 Tract 128 R-6688-005-1280-1 Klkuch' Living Trust Wylie, Texas 75098 4306 Miller Road Suite A 46 Abst. 688-5 Tract 140 R-6688-005-1400-1 DR Horton Texas Ltd Rowlett, 306 Mille Texr as 75088 8u-803 A3 47 Abst. 688-5 Tract 141 R-6688-005-1410-1 DR Horton Texas Ltd Rowlett,Texas 75088-8033 3209 Ranch Drive 1 48 Abst. 688-5 Tract 148 R-6688-005-1480-1 John Yates Garland, Texas 75041-4446 �( 3209 Ranch Drive 49 Abst. 688-5 Tract 147 R-6688-005-1470-1 John Yates Garland, Texas 75041-4446 R 4306 Miller Road Suite A 50 Abst. 688-5 Tract 149 R-6688-005-1490-1 DR Horton Texas Ltd Rowlett,Texas 75088-8033 51 52 53 54 55 56 57 58 59 60 61 62 • , Kernvine G4nctZile-- "Lj-i-j--1-11!-i i teoriL i 4ttif . , I I. 1 1 • • • - - ____i i V4-4-ie"-g61°r-Cjll i i . . . . . • C 1 illA r'API r .g--- erte t"•:"‘"; r ck.-si-' , ,i \ . , . 1 I I - 1 1- 11 ° le• • I I.A •1 i • . . i x , _ - ' • • : ' . • • • • ' .7 • ds` I '.- 1 I i 1 F1Jamestown • 0 1 I I. 1 .--.1 i-----i 'I I' , I. e.1',/,':-?.1-.• i ! ..• '.!. ,.... ;•. .,1•... :,.• i,".....'‘ .....!••,. , • •'.. ,-,'.1;.1..0 .„ ',rt.. . 0 i 1..ri :. 4.6e2.6,,6•40„,..,-....7,?..,e.,,,,,,-,..:,,.1' t',.5. „mrtrit 1,.* ,.:, ..11,4,r.... i • i ., i ,:iii .„„,..• .v1,-t-.!,,q1;15,.r:11.i- •2.3,..!,,,,..,,,.%.,,,A,,,,,,,,,,--4',•-k--; , ,, ti.: • ;t',;',, 1 0. 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Lo 4.1 -,, 1!"1 ''' • ?rwir v.,z •• • b "t.e7 •' • '.;...4.. 1.,1.4•.0" I :0-..,„... it, , Pi. 1: Ir.t.'..-rti! • r , _r-,.. _ „,•4• • ......'7.,...; -.. i'i;-: i i i i i i i. i I i i i• !: Ott+50 e '..''1; • ' . i ' ! i : - 1 ! i r i i • 0 , 1 1P...c.k. i I • .4:e.::'• i i • • i .•:::.;•:•-.ei, . ... . . . 1 e i • i i ! k, : - i I i • i I i ' r••-••-; ! ..•-•••, i ! ! ,• • ; - • ZONING CASE #2004-14 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. ?(., I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 16,2004, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: e M_ r cf� r-ta (please print) Address: ‘,2/ 7.S /771 it- a tt.),- Signature: /i-�'[ Date: /� v `V COMMENTS: • •Veir/11-7,ir yie t j,,,e I: /-0.44 r/c C1 i�c�T 7%��c�.c,� r c7•�r l7fs�.0%4���-�s/fly d2f /N (2 �l Ad-i- /C t-74c- .; O� e ..Zr d - r - '74 4'r o"LC f gef'L1E /w i4 Ail/Air 7— /�i 440 Q . bp‘i, 47.,:ter A A0/4 14/4 1-9r-e_34) AS44-2—47,g 7/ zt: off' 77fF M1I ✓%crr en.) sue/",4r-1-./,,.4 tow 4/ey.iA "sfo+."jin7. U Erm-n ,� � Kf / /2x. A- -dam" 1�3.e�7i-r7c' y � 'val.-iW( fe 4 I 4At C " 4f- PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75093 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: nip N1P S LVr!Ileti in fia/)gin (please print) Address: r i&5 C. S n e Rokd t1J)/is 77( Signature: �`� Icy1311:&. Date: //-d 7-Zoo II COMMENTS: 4,1 401 //rJ2 wf cu r /C/:E %r- /:3 -e s al-et /lave ,lei ,e. f(Le_ {J.eQez d.-61- Z- 11 Ljd-S (Mg el'ritc /x krio' tOe dILO C -411-e i: AC a 6' a% 14/a Set Zees %. re kJ t-c�.e. t cots cjc 4 f j 1 fh ar hre -+22 f , / .ct.i-c'nv: iL4 pr-c(0. 2-C1, {`[.1, CL 1 J'�� �cfiZC145 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75093 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14.2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 7 NA I (9/il —�-Address: am`.-4,74J1 ciCX24-1Q._ Signature: �e;1l Date: // / 6/6 COMMENTS: '\ /711,4 -Aetz, -c2J' / (st" (,i, d. 1�� a} z ai.tL Rate& c4 CZCt�• 4%2 c& /- r ,/Ze'ete4' Z (at-- �, p 072.e. N0V-8-2004 13:36 FROM: 9729841218 10:19724291817 P: 1'1 Nov 08 04 07: 16o Melissa Warren 972-429-1817 p. ?_ qua^75y - 33Co'7 m Q(k k e ose.rn0 r r� PUBLIC COMIVIENT FORM 1 a (u br t c. l Lrl. (Pilate type or use Mack ink) I t L K;no e...1 750-71 Department of Planning Fj,s 44 ! �Qr i(.. 2000 Highway ay 78 North �-q 7 a R y f 2 I $ Wylie,Texas 75093 I am FOR the requested zoning as explained on the attached.public notice for Zoning Case d2004-14. I am AGAINST the requested zoning as cxplained on the attached public notice,for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North.Wylie,Texas Aatc,Location&Timc of City Council meeting: Tuesday,December 14,2004.6:00 pm. Municipal Complex,2000 klighw.ay 78 North,Wylie,Texas Name: /14 R T H Roo E 4I /(_A (please print) Address: I0 WyJ Lf V l Siiatu e: A Qh X I N a./+ Date: - 11-68P—.oy COM,WF,N'1'S: • all_ • ,�Q PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. r I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: VC\VAC\ , frk- S SR \),-)Q i (please print) I Address: 1 U L 5. ►`C y IM r G �.- \ lic- Ix "7501 $ Signature: A.4 0 - - Date: \' '04 COMMENTS: -to cuLts4A) 0. (Lux)`- tU.-LhOJ . W-�� ..�-cams a c J--o a o2a, ��,. �, 10 c Q PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 VI amOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas I _ 1 Name: po mt v` o -"YYl 4 ` ► I� C-jr) (please ri Address: / 6p UU _3s d 9' Signature: Date: /D — 3 - COMMENTS: C yam: 5W ( 7 s * N}tTi. St fvt s- At 2 9 1 t i fir ,7' r3 1, 4 p 4 b " i •? am,�FOR the reqtuesed zoning as explained on the attached public notice for Zoning Case fit-} ; ," �, f`t ;. h'` AG'.i atn AINST the requested zoning as explained on the attached public notice for Zoning } f". ti 4 .§ x � Case#2004-14. k =°mot- Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14, 2004,6:00 pm 1 Municipal Complex, 2000 Highway 78 North,Wylie,Texas , Name: e CtV iN1t. \ 11 '€-�. ( lease pr t Address: ;j11 e.,t. 1 Qc ( •\i-( ° Jqc e J , '. t .1 c 71 e D9 K x Signature: 1 til l,t/kl ) 4r t d--- Date: I1Le J/J 4f COMMENTS: PUBLIC COMMENT . • (Please type or use black ink) Department of Planning 2000 Highway 78 North • ' Wylie,Texas 75093 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: I PP,P4 _ (please printth • Address: J 6 LOoLeJtgliP/i C. _4NJ UJ 4 f i j he Signature: e Jl Date: //e CT COMMENTS: • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. / I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: lILl!''.DeJ. A. gaxy,se---ti (please print) Address: Z.0 den.e,d-1--1G 'C� Lit Signature: Date: iL- 7 ` p COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. I/ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,20'00 Highway 78 North,Wylie,Texas Name: !aI46 r4. (Pleajeci irk Address: `` . "%°:• b_ro-LOQ 0 _ Le- Signature: i D ajQ (�l Date: ////ci/ C4 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 . I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. k7I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14, 2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 0 t tee— (please print) Address: 19 ` tS F • YUv.N\ Vii\I k t`, t_1 --C\L --1509 Signature: (AAAOv�A� Date: t j ( 4 (2Oc) 'I COMMENTS: 4..kfaA, VWNBr-\,''eC, "PUI-a-rZ AD Y1/4- Ci)-(1) -01-P . 1®-v- _, e c\ .&A noi. 4-t. )_e PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75093 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. VI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,20.00 Highway 78 North,Wylie,Texas Name: //1/6o J. ,f -6-n Z6/ • 9 22- tr`Z--L 7 (please print) Address: /4.7,:?- i E. 6 rvt�k Signature: )//e_ef-g)j-6-.---- Date: 7/- /4/- O e--( CO1♦'i1VIENTS: L,.._ f. iiirq,,,._ _ i 064,4,11 t,&,--/... /-ag.,—(76,,,,„ °to, _44,,,p tic...A_ • r;), -,76).e bS ,, /!Ca7L m. e a/tie ovi. G9iiLf ictit.z.c) '(rc-rJ, .1 nt. • din ht t t.1,- n( tce ril v.. ile-A- ( U CO U -Vr•t5 cc r�� !`O A k, PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case y #2004-14. I AGAINST the requested zoningas explained on the attached public notice for Zoning am q T Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas . o eL Name: 1. �'�C' Uv (please print) Address: 1 — Signature: ( • < 7 _. ) Date: 1_ I 1 . ) \ \ -\N-cS COMMENTS: CA.t.c reRi ky owl 15 C1C rr,_s PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. ✓ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 2- t n014- /ia // (please print) l� Address: 1 -(6 J� E. 8 io N. S4 'Ic4 Signature: .07/P[et- W`"t e Date: // -Or COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. �, i ,\ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ,..)t it n 'F-:" I i 1( h E _I f4)----1- .. S. / (please print)/ /I Address: hilt J. 41 e 1-( /,,t-J' e_ Signature: ' ,(- J_, JL:-) r� Date: // •' i-6 1- .. COMMENTS: �^ ) ', 6-I k ' :1 c% t-h2 lam_- —Q6-k'-- �.`�.. L a a_ r t(ii/1 (01111 t_ It t ' I / i PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 1 #2004-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 30 t_ 0 Ue (please • print) Address: I Q 1)(p 3 - kr r Signature: A'YY),.� Date: I f i o 10 kf COMMENTS: W'j(ie cx 1 r ec, y ha., e 51 -s z� Ames ne. o CYI9 ve.-->7 p r ., of n'ri ea e -5 I� pal to a 3 mai l a rea . 5 n . . a w e - znl G�5 ! \a�' . e Inc ate l e e_dne, 5 WOOL, �� o v 1- D f -F-�ne n r\ c2_1d 5e�� e C,on e- �'rti 6 o`�- -Nr' novvi �� �� d e to mere _`w e_ ► t edrr� r VJ' � \‘- e 1� �� P �J o e. Co t�r\kr y W de cxJ a r1 ! $, z aG e td-5 �Tha-� `s \NI ham- the.) • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75093 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas � c .-. Name: � 'ee.�7 ��C'lI jr�1% y U (please print) Address: U '--- �--t� . Signature:*— Date: \- \ 1 -0`\ \N-60\ COMMENTS: CAME' f eni QWr 15 O Cr , 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 2004-14, TO PLANNED DEVELOPMENT (PD) DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL USES 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, allowing for single-family residential uses of varied densities, said property being described in Exhibit "A", Exhibit"B" and Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section 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 Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary EXHIBIT"A" LEGAL DESCRIPTION ZC #2004-14 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 NUMER 688, and being all of that 4.00 acre tract of land conveyed to John Willis Kreymer as recorded in Volume 1685, Page 938, Collin County Deed Records, 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 68.32 acre tract of land conveyed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255, 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, a part of that 22.00 acre tract of land conveyed to R. Richard Parker, et ux as recorded in Volume 2967, Page 278, Collin County Deed Records, all of that 1.00 acre tract of land conveyed to R. Richard Parker as recorded in Volume 4647, Page 1464, Collin County Deed Records, all of that 13.00 acre tract of land conveyed to R. Richard Parker as recorded in Volume 4647, Page 1464, Collin County Deed Records, all of that 14.769 acre tract of land conveyed to Gregory T. Tackett and Lanita J. Tackett as recorded in Document No. 96-0070803, Collin County Deed Records, all of that 14.771 acre tract of land conveyed to Tim R. Kreymer and Robin A. Kreymer as recorded in Document No. 96-0071696, Collin County Deed Records, all of that 10.000 acre tract of land conveyed to Timmy Ray Kreymer as recorded in Volume 4042, Page 652, Collin County Plat Records, all of that 10.000 acre tract of land conveyed to Mark Tramell as recorded in Volume 4353, Page 2126, Collin County Deed Records, all of the Tramell Addition, an addition to the City of Wylie as recorded in Cabinet M, Page 452, Collin County Plat 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, all of that tract of land conveyed to Jody Spence and Kathleen S. Spence as recorded in Volume 5495, Page 4450, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod set for corner in the west line of said 68.32 acre tract, said point being the intersection of the east line of Kreymer Lane (a prescriptive use right-of- way)with the south line of Brown Street(a variable width right-of-way); THENCE along the south line of Brown Street as follows: North 87 degrees 42 minutes 01 seconds East, 179.75 feet to a five-eighths inch iron rod found for corner, said point being the northwest corner of Spence tract; North 87 degrees 42 minutes 01 seconds East, 543.14 feet to a five-eighths inch iron rod found at the northeast corner of said Spence tract, said point being the northwest corner of said 10.000 acre tract of land conveyed to Timmy Ray Kreymer; North 87 degrees 38 minutes 18 seconds East, 633.79 feet to a five-eighths inch iron rod found at the northeast corner of said 10.000 acre tract of land conveyed to Timmy Ray Kreymer, said point being the northwest corner of said 10.000 acre tract of land conveyed to Mark Tramell, said point being the northwest corner said Tramell Addition; North 87 degrees 47 minutes 13 seconds East, at 300.00 feet passing a five-eighths inch iron rod found at the northeast corner of said Tramell Addition, in all a total of 633.02 feet to a three- eighths inch iron rod found at the northeast corner of said 10.000 acre tract of land conveyed to Mark Tramell, said point being in the west line of a tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records, said point being in the west line of a 50 foot wide private street; THENCE along the west line of said 50 foot wide private street as follows: South 02 degrees 11 minutes 31 seconds East, 688.49 feet to a one-half inch iron rod found at the southeast corner of said 10.000 acre tract of land conveyed to Mark Tramell, said point being the northeast corner of said 22.00 acre tract; South 02 degrees 35 minutes 39 seconds East, 478.76 feet to a one-half inch iron rod found at the southeast corner of said 22.00 are tract, said point being the northeast corner of said 13.00 acre tract; South 02 degrees 20 minutes 38 seconds East, 305.94 feet to a one-inch iron pipe found at the southeast corner of said 13.00 acre tract, said point being the northeast corner of said 14.769 acre tract, said point being in the west line of that 1.657 acre tract of land conveyed to Martha S. Rosemond as recorded in Volume 3304, Page 82, Collin County Deed Records; South 02 degrees 13 minutes 15 seconds East, 328.99 feet to a one-half inch iron rod found at the southeast corner of said 14.769 acre tract, said point being the northeast corner of said 14.771 acre tract, said point being in the west line of that 8.374 acre tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records; South 02 degrees 11 minutes 46 seconds East, 135.49 feet to a one-half inch iron rod set for corner in the east line of said 14.771 acre tract, said point being the southwest corner of said 8.374 acre tract, said point being the northwest corner of said 46 acre tract; 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 55 minutes 45 seconds East, 867.07 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 13 minutes 27 seconds East, 566.32 feet to a PK nail set at the southeast corner of said 46 acre tract, said point being 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-eighths 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-eighths 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, 437.34 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 said 14.771 acre tract; THENCE South 88 degrees 02 minutes 41 seconds West, 1991.23 feet to a one inch iron pipe found at the southwest corner of said 14.771 acre tract, said point being the northwest corner of said 5.00 acre tract, said point being in the east line of Kreymer Lane; THENCE along the east line of Kreymer Lane as follows: North 02 degrees 15 minutes 04 seconds West, 322.40 feet to a one-half inch capped iron rod found at the northwest corner of said 14.771 acre tract, said point being the southwest corner of said 14.769 acre tract; North 01 degrees 46 minutes 10 seconds West, 317.13 feet to a one-half inch iron rod found at the northwest corner of said 14.769 acre tract, said point being the southwest corner of said 1.00 acre tract; North 02 degrees 05 minutes 13 seconds West, 567.08 feet to one-half inch iron rod set for corner in the west line of said 22.00 acre tract; THENCE North 87 degrees 47 minutes 11 seconds East, 197.02 feet to a one-half inch iron rod set for corner; THENCE North 02 degrees 42 minutes 36 seconds West, 221.09 feet to a one-half inch iron rod set for corner in the north line of said 22.00 acre tract, said point being in the south line of that 5.000 acre tract of land conveyed to Farmers Electric Coop., Inc. as recorded in Document No. 97-0011473, Collin County Deed Records; THENCE North 87 degrees 46 minutes 54 seconds East, 409.95 feet along the north line of said 22.00 acre tract to a one-half inch iron rod found at the southwest corner of said 10.000 acre tract of land conveyed to Timmy Ray Kreymer, said point being the southeast corner of said Spence tract; THENCE North 02 degrees 19 minutes 04 seconds West, 357.42 feet to a five-eighths inch iron rod found for corner, said point being the northeast corner of said Farmers Electric Coop. tract; THENCE along the north line of said Farmers Electric Coop. tract as follows: South 87 degrees 46 minutes 58 seconds West, 431.09 feet to a five-eighths inch iron rod found at the most westerly southwest corner of said Spence tract; South 87 degrees 49 minutes 41 seconds West, 178.20 feet a one-half inch iron rod found for corner in the west line of said 68.32 acre tract, said point being the northwest corner of said Farmers Electric Coop. tract, said point being in the east line of Kreymer Lane; THENCE North 02 degrees 19 minutes 38 seconds West, 328.36 feet along the west line of said 68.32 acre tract and along the east line of Kreymer Lane to the POINT OF BEGINNING and containing 6,837,770 square feet or 156.974 acres of land. Exhibit B (September 30, 2004,Supplemental) CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT TRADITION by DR Horton Zoning Case No. 2004-14 1. Planned Development District a. . Purpose The purpose of this Planned Development District (PDD) is to permit the development of TRADITION by DR Horton, and to provide for the mixing and combining of uses set forth herein as delineated on the Development Plan as submitted as amended Exhibit B, herein incorporated by reference, with development standards set forth herein. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. The detailed provisions contained in this PDD and the corresponding Development Plan, herein incorporated, in terms of lot type, lot mix, open space space, connectivity and other development standards allow for creative and innovative flexibility of urban design of the development consistent with the objectives of traditional neighborhood design and consistent with the maximum gross density not to exceed 3.0 dwelling units per acre on a gross site basis. b. Relationship to the Code of Ordinances Where inconsistent with the Code of Ordinances of the City of Wylie, all standards and regulations contained herein shall apply. c. Development Plan—Preliminary Plat The Development Plan, amended Exhibit B herein incorporated as referenced, shall serve as the Preliminary Plat for subdivision. 2. Residential Permitted Uses and Bulk/Area Standards The following standards supersede the standards delineated in Exhibit C originally filed on July 8, 2004, with this zoning case: Lot Lot Front Side Rear Yard Height Permitted Min.D/U Type Depth Yard Yard Min. Max. for Uses square Min. Min. Setback primary footage Setback Setback (Primary/ and (+/- 10%) (Internal Accessory) Accessory /Corner) 40' Lots 110' 15' 0'/15' 15'/7' 36' Single 1,750' Family (S.F.) Dwelling Non- attached and Attached 50' Lots 100'-130' 15' 5'/15' 20'/7' 36' S.F. 1,750' Dwelling 55' Lots 100'-130' 15' 5'/15' 20'/7' 36' S.F. 1,750' Dwelling 60' Lots 110'-130' 15' 5'/15' 20'/7' 36' S.F. 1,900' Dwelling 70' Lots 120'-135' 15' 7'/15' 20'/7' 36' S.F. 1,900' Dwelling 70' 110'-110' 15' 7'/15' 20'/7' 36' S.F. 3,000' Duplex Dwelling Lots Attached Other 110'-125' 15' 7'/15' 20'/7' 36' S.F. 1,900' (irregular Dwelling lots) 10,000 sf 110'-165' 25' 10'/25' 25'/10' 36' S.F. 1,900' Lots Dwelling 12,000 sf 150'-190' 25 feet 10'/25' 25'/10' 36' S.F. 1,900' Lots Dwelling 15,000- 150'- 30 feet 15'/30' 25'/10' 36' S.F. 1,900' 20,000 220' Dwelling sf Lots 3. "Commercial" (Non-Residential Permitted Uses) Non-residential permitted uses consistent with the Development Plan as amended, incorporated herein by reference, shall be those permitted under the Neighborhood Service and Community Retail Districts of the Code of Ordinances as amended. 2. 4. Residential Design Standards a. Sidewalks Sidewalks shall be provided along both sides of the streets unless inconsistent with improvements designed for neighborhood parks and greens. b. Streets Except split median avenues, streets shall have a right-of-way of 50 feet and a paved section of 27 feet measured curb face to curb face. Split median avenues shall have a paved section of 18 feet curb face to curb face for each direction, providing for one travel lane and one parking lane in each direction. Curvilinear streets shall be provided as indicated on the Development Plan as amended. c. Alleys Alleys shall have a right-of-way of 16 feet and a paved section of 10 feet. The minimum garage setback shall be at least 7 feet when the primary dwelling unit fronts on improved green space in order for parallel parking to be accommodated in front of the garage adjacent to the alley. d. Entry Features Entrances to subdivisions shall contain subdivision monumentation but no entry walls, and shall provide rights-of-way as delineated in the Development Plan as amended, incorporated herein by reference. e. Architectural Style of Dwelling Units The architecture of the dwelling units shall be based on traditional neighborhood design styles, which may include front porches, dormers, vertically oriented windows, bay windows and picket-style fencing. f. Structure Materials Cementatious fiber board with a minimum warranty of at least 50 years, stone and brick shall be allowed as a primary façade materials. Wood accents not exceeding 5% of the surface area of the structure shall be allowed. g. Roof Pitch Roof pitches shall be utilized consistent with traditional neighborhood design architectural styles. 3 h. Street Trees Cedar Elm, Chinese Pistache, Texas Ash or Lace Bark Elm if approximately 10 feet or less in distance from back of curb, and Live Oak, Red Oak or Texas Oak if approximately 10 feet or greater in distance from back of curb shall be planted approximately every 35 feet within the parkway of the streets of the development. Yard trees shall not be required but will be planted as appropriate. 5. Non-Residential Design Standards Non-Residential site design standards shall be those set forth in the Code of Ordinances. 6. Open Space and Neighborhood Amenities Center a. Open Space Minimums,HOA and Park Fees Open space and parks shall be at least 15%of the gross site area as approximately set forth in the Development Plan as amended. A Home Owners Association shall be created to maintain the open space and parks. Accordingly, the City of Wylie park fees shall be waived for this PDD so long as the developer and/or owner uses comparable funds to provide park improvements within or adjacent to the development. b. Parks and Open Space Open space and parks as set forth in the Development Plan as amended shall be maintained by a Home Owners Association. c. Swim Center A swim center shall be provided for the development and maintained by a Home Owners Association. d. Public Pathways—Open Space Easements and Connections Streets along side open space, trails and pedestrian access to open space and parks shall be provided as set forth in the Development Plan as amended and incorporated herein by reference. e. Perimeter Open Space,walkways and Trail Linkages Walkways and landscape improvements shall be provided within open space areas along the perimeter of the development as set forth in the Development Plan as amended, incorporated herein by reference. Linkages to trails adjacent to the development shall be provided. 4 ) Exhibit"C" Sao1EB I NORTH i i. \. i s { SITE TABULATIONS: ' 1 M4AN q}Mt:T � r.•,�,�b _1 t i,, $ITE DATA �I 1�\ Site Area: 158.01 ac, z ...T ' �, ti ?.1 • \ -' _ TPBL Esmt.: 10.50 as 4 111 W I I ( • ,r r '" � 10 - , x Net SRe Area: 142.48 ec• >t �) ��1'" ( ilotO /l!*la � /,d'•a •.S 'Y/ ` Non-ReslidentIal: 3 35 ac. - V F. n p�#l 4 4> i ) • `x 1 11 I I• r I, Open Space: 34.30 ac.(227) m yi x �yy I '"��r1"a q�M, l� pr� 1 , '� tr I ; Net Retidentlal: 114.75 ec, O i \ / II': x \,.).... ,1 Roads: 27.85 ac. a I•`; .; r 1 c 1 1 Atleys: BJS ac, C g I '. I �.-ilt /"'(�-,-rev 'gyp 1 I. I i V\ `. I f' OT DATA 0 ,:./ --�'•< .-+ �w "'h if:: It '� ��� `� li 1' 1\ � ^\ I //11I :x. 1-__ � - ) 105 rs�_ Zm' .. •..; l � ,a ,` I I( r �\ III" r 1`, /, 50'Lots 87 ,a F w:. l 1 I ( ) ; r I I r , �1 1 55'Lots 78 N m ' .,,..I..._. I—�'I r ri.►� 1 _ r / ) V�o I +� )�� .. I' `* Y 1./ ... 80 LOte 80 M y( F-' _ i Trr r �I ,y I I�..... 'I o f l i 1\ Qt\,•I'\` I i.-,w I r '�J` 0 W Z K Za _- I tf ■ }} I 1 I I ! j •� ;Y. 70'Lots 28 F !t! W 1 i �� �I I L .l 1, 11/2 • \�r;' 1 �(I . 11 1 II 'j.' w j }, f I I 4 x 1 \. i I '�rLr\ is u�L I 0M3 0- Q !. i- e � I As. I \ \1 ,,'I'i' ti ••`'•.. ; (�j ^+�!i. /7170'Du x Lots '8W W O W .1._ 11 ."•�--.1. j I ` 4 .'Wr�' �� ui fff • ,II EniGem(Irregular) 5 I� 1 ..� �MT.I�r?..r r,•T'RT�Tr ,' 1 I f' l., �" jam..` _ TTr k iM1ST9'rY'':Yr I I 11 ( ' -. '.\ I .I lI '14, / O W I 11 1, I I Ill : �....-. '4 I 1 I f 1 1 1 cf."..... t-_ - I +NSTMrat-x. - 10,000 of Lots 38 I r I j• I I II' ' '� (\ �� � ii _ 1 )I ` x i i (-;:. 12,000sfLots 30 t r,� .. � I� � 4 t� *�i I` I _� t5 20,000 at Lots 20 Q �_. �— I 1 —, pq I 1 ,,/ •- �,"._. 1` r r 1 p• I :. 1..+•_1.� *^1 It t`\ TOTAL Lola: 458 I i �; A. �I J {{rrrr I � I•+ +y.` .0 otLolsFacesGreen: zee(e3%) a manif, > ( __i �•_ it ,: I I' ) t�il ~ • ...._,t. ,%' �` ``t\ III _r .L'''� �r /1/�' :4 �I — I 1 f TPBL Esnrt Open Speee: 19.9 ac. m ti �."\ / //-\ , � ^I"' ...� -_i ,�I,;1,��r.P. Open Space: :24.4 ac. w mo I tn, a ,/ l' r.r. r17ery .7i7 JJ .(((/, = Y W {,! l .� S r V, I 1'C I I j ( >I TOTAL Open Space: t34.3 ac. i W J H N 11 yA,.l '4 ; r i{ .��I��ly!i l l).(� CgmmelCl61 t3.35 ec. O`v t3£al'.-G _ I :1 ./ ..K 4., I l i iet_1 //i/ �^"":;" FlaadPleln: 33.81 ac. f. �.. :� 1 .)\, �J', i '..\ � •1 .I•..f } Iq - `� 1�,, I ! GJ.�..i._J._ A ,, \`a( i Gross Density: 2.94 DUlac. (�a� 6 ... 1 , .e•f l.- 9 y�.-L.., .\'fix j I ( ; 1 1/ I 11 �)1\ -�1 > g:0 - if 1 1 \ I I' I 1 (L,(.-. r / 11 `e 11 'r 1f ) 1 I i i i /� �/ )i.`t(l a.�I ��� _ Ir I `•� v� 11 ('i 1 1,�' ��'i �Ta \ �'11 Ii(II v I I `\r��� f r:'.i���`� I� svn i3 •I :\ 1. I OF 1 I n .. t,l , I ) ' "\/ I;jjlr,. I JI,j... - •1a UNITS USED IN TABULATING GROSS DENSITY J December 13, 2004 City of Wylie City Council Attn: Claude Thompson Planning Director Dear Mr. Thompson and City of Wylie Please withdraw the annexation request for the 1.5 acres in the name of Dot Kreymer; approximate 40.1 acres in the name of Robert and Neva Lou Kreymer; approximate 16 acres in the name of Robert and Phyllis Kreymer and the 4 acres in the name of John W. Kreymer all land situated in the Francisco de la Pina Survey, Abstract No. 688 in Collin County,Texas. Same said land located south of Brown Street and east of Kreymer Lane. Respectfully, of eymer jirt allj Ne a Louymer 1 o ert Broo s Kre er Phy islreymer . Kre er Page 1 of 1 Claude Thompson From: David Booth [dbooth@drhorton.com] Sent: Monday, December 13,2004 3:20 PM To: cthompson@ci.wylie.tx.us Cc: Steve Topletz; Miles,Jeff Subject: Withdrawal of Council Item on 12/14/04 Meeting D.R. Horton would like to withdraw both the annexation and rezoning (2004-14)for the Kreymer/Horton tract from the scheduled Council meeting on 12/14/04. Thank you David Booth D.R. Horton Homes 12/13/2004 CITY OF WYLIE Item No 8. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: December 03, 2004 Exhibits: 4 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Single Family Residential-8.5 (SF-8.5/17)to Multi-Family (MF) Residential. Zoning Case No. 2004-21. RECOMMENDED ACTION: Planning and Zoning Commission voted 5 —0 to recommend approval on November 16, 2004. SUMMARY: Owner: Mitchell Herzog Applicant: Richard Parker Public Notification/Comments — 35 mailed, 2 returned (1 favoring and 1 opposing). A simple majority is required to approve. The existing deteriorated & uninhabitable Woodlands Apts (currently 12 units) are to be demolished and redeveloped. The subject property is located at the dead-end intersection of Cotton Belt and Fleming. The railroad corridor abuts on the south, and existing Rustic Oaks apartments abut to the west. It is uncertain whether the site remains platted in several lots or has been replatted into a single lot, and will require replatting to convert to a single lot in order to accommodate apartments. The proposal conforms to the Village Center Residential (SF-8.5, TH & MF) recommendations of Comprehensive Plan. Straight MF zoning is requested, and the development must comply fully with current Zoning requirements. Site Plan approval will be required with replatting. The proposal also conforms to existing adjacent development trends along Fleming. APPROVED BY: Initial Date Department Director: CT \ 12-03-04 City Manager: /y)& \ /2.T o y 1 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Single Family Residential-8.5 (SF-8.5/17)to Multi-Family (MF)Residential. Zoning Case No. 2004-21. SUMMARY: (Continued) Several new single-family residences have recently been constructed on lots to the north along Cotton Belt as new infill or redevelopment. The detached Lot 7 to north of Fleming is 12,525 sq. ft.. (smaller than MF min. 1 ac.) and could accommodate a code-compliant single-family detached dwelling. Lots to the south of Fleming could accommodate 4 code-compliant SF detached dwellings. However, the property's adjacency to the railroad and existing apartments limit its attractiveness for single-family development. Financial Consideration—NA 2 NOTIFICATION REPORT APPLICANT: Richard Parker/Mitch Herzog of Richard Park APPLICATION FILE #2004-21 2555 W.FM 544 Wylie,Texas 75098 # BLKIABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Richard Parker 2555 W.FM 544 1 Richard Parker Inc. Wylie,Texas 75098 Keller's 2nd Addn 301 S.Cotton Belt Ave. 2 Bik 12 Lot 1 R-2130-012-0010-1 Loyd Lemons Wylie,Texas 75098 Keller's 2nd Addn 301 S.Cotton Belt Ave. 3 Bik 12 Lot 2 R-2130-012-0010-1 Loyd Lemons Wylie,Texas 75098 Keller's 2nd Addn 802 Forest Edge Lane F 4 Blk 12 Lot 3A R-2130-012-003A-1 Mitchell Herzog Wylie,Texas 75098 ! Keller's 2nd Addn 802 Forest Edge Lane 5 Bik 12 Lot 3B R-2130-012-003A-1 Mitchell Herzog Wylie,Texas 75098 Keller's 2nd Addn 802 Forest Edge Lane 6 Bik 12 Lot 3C R-2130-012-003A-1 Mitchell Herzog Wylie,Texas 75098 Keller's 2nd Addn 802 Forest Edge Lane 7 Blk 12 Lot 4 R-2130-012-003A-1 Mitchell Herzog Wylie,Texas 75098 Keller's 2nd Addn 802 Forest Edge Lane 8 Blk 12 Lot 5 R-2130-012-0050-1 Mitchell Herzog Wylie,Texas 75098 Keller's 2nd Addn 802 Forest Edge Lane 9 Bik 12 Lot 6 R-2130-012-0050-1 Mitchell Herzog Wylie,Texas 75098 Keller's 2nd Addn 802 Forest Edge Lane 10 Blk 12 Lot 7 R-2130-012-0050-1 Mitchell Herzog Wylie,Texas 75098 Keller's 2nd Addn 204 S.Cotton Belt Ave. 11 Bik 12 Lot 8 R-2130-012-0080-1 Stephanie Bailey Wylie,Texas 75098 Keller's 2nd Addn 202 S.Cotton Belt Ave. X 12 Blk 12 Lot 9 R-2130-012-0090-1 Kristopher Law Wylie,Texas 75098 Keller's 2nd Addn 1473 Lakeview Drive 0 13 Blk 12 Lot 10 R-2130-012-0100-1 Jesse Watkins St.Paul,Texas Box 7098-4745 Keller's 2nd Addn PO 14 Blk 11 Lot 3 R-2130-011-0030-1 Carolyn Robinson Wylie,Texas 75098 Keller's 2nd Addn PO Box 723 15 Blk 11 Lot 4 R-2130-001-0040-1 James Mathews Wylie,Texas 75098 Keller's 2nd Addn PO Box 822 16 Blk 11 Lot 5 R-2130-001-0050-1 Connie Gracy Wylie,Texas 75098 Keller's 2nd Addn 205 S.Cotton Belt Ave. 17 Blk 11 Lot 6 R-2130-001-0060-1 Haskel Gracy Wylie,Texas 75098 Keller's 2nd Addn 202 S.Cotton Belt Ave. 18 Blk 11 Lot 7 R-2130-001-0070-1 GT Construction Inc. Wylie,Texas 75098 Keller's 2nd Addn 201 S.Cotton Belt Ave. 19 Bik 11 Lot 8A R-2130-001-008A-1 Luis Hernandez Wylie,Texas 75098 1 I i Keller's 2nd Addn PO Box 254 20 Bik 11 Lot 8B R-2130-001-008E-1 Peggy Cole Copeville,Texas 75121-0254 Railroad Industrial PO Box 1329 21 --- Lot 7 R-1482-000-0060-1 James Hughes Wylie,Texas 75098 Railroad industrial 7348 Moses Drive 22 Lot 8 R-1482-000-0080-1 Joseph Cazad Wylie,Texas 75098 Railroad Industrial PO Box 1132 23 --- Lot 9 R-1482-000-0090-1 Tommy Pulliam Wylie,Texas 75098 Railroad Industrial PO Box 1132 24 --- Lot 10 R-1482-000-0100-1 Tommy Pulliam Wylie,Texas 75098 Rustic Oaks#4 3300 Commerce Street 25 Blk M Lot 1 R-2207-00M-0010-1 Westdale Rustic Oaks Ltd Dallas,Texas 75226-2590 Rustic Oaks#4 3204 Caravan Drive 26 Bik M Lot 128 R-2207 OOM-012E 1 Larry Hendricks Inc Plano,Texas 75025-5318 Rustic Oaks#2 402 Fleming Street 27 Blk L Lot 16A R-2207-00L-016A-1 Juan Ruiz Wylie,Texas 75098 Rustic Oaks#2 1307 Shores Circle 28 Blk L Lot 16B R-2207-00L-016E-1 Michael Oliver Rockwall,Texas 75087 Rustic Oaks#2 406 Fleming Street 29 Blk L Lot 17A R-2207-00L-017A-1 Peggy Higgins Wylie,Texas 75098 Rustic Oaks#2 404 Fleming Street 30 Bik L Lot 17 B R-2207-00L-017E-1 Chuong Lien Wylie,Texas 75098 Rustic Oaks#2 4828 Ravendale Drive 31 Bik L Lot 18 R-2207-00L-0180-1 Kenneth Johnson Richardson,Texas 75082-3836 Rustic Oaks#2 403 Elliot Street 32 Blk L Lot 14 R-2207-00L-0140-1 Jay Salzgeber Wylie,Texas 75098 Rustic Oaks#2 401 Elliot Street 33 Blk L Lot 15 R-2207-00L-0150-1 LC Thompson Wylie,Texas 75098 PO Box 1329 34 Abst 820 Tract 14 R-6820-000-0140-1 Mary Hughes Wylie,Texas 75098 PO Box 1329 35 Abst 820 Tract 19 R-6820-000-0190-1 Mary Hughes Wylie,Texas 75098 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 jI am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-21. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-21. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: TO-deL1/VA K I l/S (please p 'n Address: 7 S. COI/On/FELT- (Aile Y4_ Signature: Olt/ Date: / + Z—0 I COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 42004-21. I/ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-21. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: k• `: (please print) _ /- • Address: 1 (1 cam. �'1 `},} 1.\ Signature: -__ ;•- — f -- Date: I , I ! ! COMMENTS: (__ t r . crL�., ti�. f., C � rs. 3 •'*` i ice` f\ r mo' .r 71' 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 '1'HE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-21, TO MULTI-FAMILY (MF) DISTRICT ALLOWING FOR MULTI-FAMILY RESIDENTIAL USES; 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 Multi-Family (MF) District, allowing for multi-family residential uses, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section 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 Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary EXHIBIT "A" LEGAL DESCRIPTION ZC #2004-21 BEING Lot Three (3), Lot Four (4), Lot Five (5), Lot Six (6) and Lot Seven (7) in Block Twelve (12) of KELLER'S SECOND ADDITION, an Addition to the City of Wylie, Collin County, Texas,according to the Map thereof, recorded in Volume 1, Page 111, of the Map Records of Collin County,Texas,being also known as all of Block Eleven (11)and part of Lot Four(4) of Block Ten(10) of KELLER'S SECOND ADDITION, an Addition to the City of Wylie, Colin County, Texas, according to the Deed Records of Collin County, Texas, recorded in Volume 35, Page 241, and being the same property described in a Deed recorded in Volume 2431, Page 422, Collin County Land Records,and being more particularly described as follows: BEGINNING at an iron stake for corner in the North line of the St. L. & S.W. Railroad (100 foot right-of-way), said point also being the Southwest corner of said KELLER'S SECOND ADDITION; THENCE North 02 degrees 39 minutes 16 seconds East, 540.80 feet with the West line of said KELLER'S SECOND ADDITION to an iron stake for corner, said point being the Northwest corner of Lot Seven (7), Block Twelve(12); THENCE North 89 degrees 38 minutes East, 164.00 feet with the North line of Lot Seven(7), Block Twelve(12) to an iron stake for corner, in the West line of Cotton Belt Avenue (50 foot right-of-way), said point being the Northeast corner of Lot Seven(7), Block Twelve(12); THENCE South 00 degrees 22 minutes East, 376.4 feet with the West line of said Cotton Belt Avenue to an iron stake for corner in the North line of said railroad; THENCE along the North line of said railroad and a curve to the right, having a radius of 1531.20 feet and a central angle of 09 degrees 27 minutes 54 seconds, 252.95 feet to the PLACE OF BEGINNING and containing 1.869 acres of land, save and except 0.195 acres for Fleming Street as conveyed to the City of Wylie in Deed recorded in Volume 1382, Page 504, Deed Records, Collin County,Texas. SAVE AND EXCEPT DESCRIBED AS FOLLOWS: BEING all that certain lot,tract or parcel of land situated in Wylie, Collin County, Texas, and being a part of the KELLER'S SECOND ADDITION, an addition to the City of Wylie, Texas as the Map thereof recorded in Volume 1, Page 111,of the Map Records of Collin County,Texas,being more particularly described as follows: BEGINNING at a point for corner in the intersection of the West line of Cotton Belt Avenue (50 foot right-of- way), in the North line of said proposed Fleming Street (50 foot right-of-way), said point being South 00 degrees 22 minutes 00 seconds East, 79.89 feet from the Northeast corner of Lot 7 and the Southeast corner of Lot 8 of Block 12 of said KELLER'S SECOND ADDITION, as recorded in Volume 1, Page 111, Map Records, Collin County, Texas; THENCE South 00 degrees 22 minutes 00 seconds East, 50.02 feet on the West line of said Cotton Belt Avenue to a point for corner; THENCE South 88 degrees 25 minutes 45 seconds West, 171.00 feet to a point for corner; THENCE North 02 degrees 39 minutes 16 seconds East, 50.15 feet to a point for corner; THENCE North 88 degrees 25 minutes 45 seconds East, 168.40 feet to the PLACE OF BEGINNING and containing 0.195 acres of land. ..___) I .; L EiLior 6.5h6 Qed - *0 1 3 ;� a Yea n -A 8 B 1 12 14 .� l ,4 � awe+-- :�'3l'�'S`t"?�'"0"'�. ^^e'� ��� 4�,Y^ssr' '11 ^ d. s �c t , ' ! . .4 � aH+,k-- "°s t3Yc a' • - aTttn+s s *t. ;47. c`.. ,.,-,. .. . 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V v 5,ts , / ',fir-- ': •.W 41�,'r' $ .: :,:4/ Rtil'I•"'y».:,::•...,y'2 VV ......'\ ',41010P,iii*.4.*: 40.--,,,. . ,e44,,,, „rd.* �, � 6 Y.' = 0.Q0.inS 'E . #2004 21 O = for ------\ ZON I G CAS CITY OF WYLIE Item No. 9 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: December 03,2004 Exhibits: 4 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Agriculture (A)to Planned Development District (PD)for single-family residential uses. Zoning Case No. 2004-22. RECOMMENDED ACTION: Planning and Zoning Commission voted 5 —0 to recommend approval with stipulations (incorporated into current report and attachments) on November 16, 2004. SUMMARY: Owner: J.L.Brand,Jr. Applicant: S.C.Parsons,Inc. Public Notification/Comments — 89 mailed, 12 returned (3 favoring and 9 opposing). Simple majority is required for approval. The property totals 100 acres, 40%of which is occupied by the floodplain of Muddy Creek(including the Muddy Creek reservoir)and therefore is not developable for urban uses. Lakefield Drive(65 ft. wide collector)currently terminates at the western property line and must be extended thru the property to connect with Country Club Road. The southern boundary is the DART/KCS railroad corridor. The Lakefield Estates subdivision (PD 1999-18) abuts to the southwest, allowing lots as small as 6,000 sq. ft. (although lots abutting directly to the subject property exceed 7,700 sq. ft.). Wooded Creek (PD 2002-02) is developing along the northwest boundary with a minimum lot size of 7,200 sq. ft. (although abutting lots exceed 8,600 sq. ft.). APPROVED BY: Initial Date Department Director: CT \ 12-03-04 City Manager: MBR \ 12-09-04 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Agriculture (A)to Planned Development District(PD) for single-family residential uses. Zoning Case No. 2004-22. SUMMARY: (Continued) The Comprehensive Plan recommends that 90% of the property (all of the developable portion) be developed as Suburban Residential uses with single-family detached lots averaging 20,000 sq. ft. and 10% as Country Residential with lots exceeding 1 acre. If developed according to these recommendations of the Plan, a potential density of 2.2 lots per acre would be realized. The PD Conditions provide that the maximum number of residential lots shall not exceed 200, and provide for the dedication of 43.8 acres of public park land. This formula realizes a potential density of 2 lots per gross acre (similar to that recommended by the Comp Plan). The PD therefore conforms to the recommended density of the Plan. The PD Conditions establish a minimum lots size of 7,200 sq. ft., but require that 50% of the total lots exceed 8,500 sq. ft. (the smallest lot allowed by the current Zoning Ordinance). The minimum lot width must be at least 50 ft. and 60%of the lots must have a width of 60 ft. and 35%must be at least 70 ft. (compared to 70 ft. for standard SF-8.5 and 75 ft. for SF-10 zoning). Interior side yards must be at least 5 ft. (compared to the minimum 7 to 10 ft. of standard zoning). The PD Conditions establish a minimum house size of 2,100 sq.ft.,and 35%of the total houses must exceed 2,200 sq. ft. and 15%exceed 2,500 sq. ft. The standard SF-8.5 requires a minimum house size of 1,700 sq.ft., SF-10 requires 1,900 sq.ft. and SF-20 requires 2,100 sq.ft. The PD provides that alleys not be required, but requires that 30%of the houses have garages that do not face the front street. An additional 5%of the total lots are corner lots which accommodate side entry garages. The developer must extend Lakefield Drive 1,150 ft.eastward to connect with Country Club Road, 640 ft. beyond the subject property. The City Engineer recommends approval of this element of the proposal. The PD dedicates 43.76 acres for public park(the required dedication for the potential 200 lots is 10 acres)including the Muddy Creek reservoir,and provides 2 points of public access and trailheads for connection to a future trail system along Muddy Creek. Although most of this area cannot be developed,the owner/applicant is not required to dedicate it,and it serves valuable public-welfare functions, including flood control,water quality protection,air quality enhancement,energy conservation and wildlife protection. The Park Board recommends approval of this element of the proposal. Housing backing on to the park must have visually-open wrought iron fences rather than wood stockade style fencing. The PD provides for a landscaped earthen berm screen/buffer along the railroad corridor. Financial Consideration—NA NOTIFICATION REPORT APPLICANT: Steve Parsons of S.C. Parsons, Inc. APPLICATION FILE #2004-22 t 6936 Spanky Branch Ct. Dallas Texas 75248 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS ` Applicant-Steve Parsons 6936 Spanky Branch Ct. 0 1 S.C. Parsons, Inc. Dallas, Texas 75248 Lakeside Estates 2 100 Trenton Drive 2 Blk M Lot 1 R-4531-00M-0010-1 Samson Hardy Wylie, Texas 75098 Lakeside Estates 2 102 Trenton Drive 3 Blk M Lot 2 R-4531-00M-0020-1 Gebreselassie Tetemke Wylie, Texas 75098 Lakeside Estates 3 105 Lakefront Drive 4 Blk M Lot 36 R-4861-00M-0360-1 Paul Chang Wylie, Texas 75098 Lakeside Estates 3 103 Lakefront Drive 5 Blk M Lot 37 R-4861-00M-0370-1 Michael Card Wylie, Texas 75098 F Lakeside Estates 3 101 Lakefront Drive 6 Blk M Lot 38 R-4861-00M-0380-1 Vernon Poore Wylie, Texas 75098 Lakeside Estates 3 100 Lakefront Drive I 7 Blk N Lot 1 R-4861-00N-0010-1 Gloria Marlow Wylie, Texas 75098 Lakeside Estates 3 102 Lakefront Drive i 8 Blk N Lot 2 R-4861-00N-0020-1 Tewabech Kelecha Wylie, Texas 75098 Lakeside Estates 3 104 Lakefront Drive 9 Blk N Lot 3 R-4861-00N-0030-1 Zeleke Terefe Wylie, Texas 75098 Lakeside Estates 3 106 Lakefront Drive 10 Blk N Lot 4 R-4861-00N-0040-1 Moses Nyakundi Wylie, Texas 75098 Lakeside Estates 3 107 Waterwood Drive 11 Bik N Lot 35 R-4861-00N-0350-1 Angel Sanchez Wylie, Texas 75098 Lakeside Estates 3 Mortgate Electronic 3476 Stateview Blvd 12 Blk N Lot 36 R-4861-00N-0360-1 Registration Systems, Inc. Ft. Mill, SC 29715 Lakeside Estates 3 103 Waterwood Drive 13 Blk N Lot 37 R-4861-00N-0370-1 Gail Thompson Wylie, Texas 75098 Lakeside Estates 3 101 Waterwood Drive 14 Blk N Lot 38 R-4861-00N-0380-1 Barry James Wylie, Texas 75098 Lakeside Estates 3 100 Waterwood Drive 15 Blk 0 Lot 1 R-4861-000-0010-1 Marguerite Hess Wylie, Texas 75098 Lakeside Estates 3 102 Waterwood Drive 16 Blk 0 Lot 2 R-4861-000-0020-1 Selamawit Samuel Wylie, Texas 75098 Lakeside Estates 3 104 Waterwood Drive 17 Blk 0 Lot 3 R-4861-000-0030-1 Quaser Jaffry Wylie, Texas 75098 Lakeside Estates 3 14901 Quorum Drive #300 18 Blk 0 Lot 4 R-4861-000-0040-1 Gehan Homes Ltd Dallas, Texas 75254-7521 l I Lakeside Estates 3 107 Creekview Drive 19 Blk 0 Lot 39 R-4861-000-0390-1 Ignacio Moreno Wylie, Texas 75098 Lakeside Estates 3 105 Creekview Drive 20 BIk 0 Lot 40 R-4861-000-0400-1 Daniel Topley Wylie, Texas 75098 Lakeside Estates 3 103 Creekview Drive 21 Blk 0 Lot 41 R-4861-000-0410-1 Lester Brown Wylie, Texas 75098 1 Lakeside Estates 3 101 Creekview Drive 22 Blk 0 Lot 42 R-4861-000-0420-1 Jason Thompson Wylie, Texas 75098 r Lakeside Estates 3 100 Creekview Drive 23 BIk P Lot 1 R-4861-00P-0010-1 _ Susan Chappell Wylie, Texas 75098 Lakeside Estates 3 102 Creekview Drive 24 BIk P Lot 2 R-4861-00P-0020-1 Gilberto Rodriguez Wylie, Texas 75098 Lakeside Estates 3 104 Creekview Drive 25 Blk P Lot 3 R-4861-00P-0030-1 Yvonne Smith Wylie, Texas 75098 Lakeside Estates 3 106 Creekview Drive 26 BIk P Lot 4 R-4861-00P-0040-1 Yolanda Anderson Wylie, Texas 75098 Lakeside Estates 3 107 Creekview Drive 27 Blk P Lot 37 R-4861-00P-0370-1 Rachiel Kapfumvuti Wylie, Texas 75098 Lakeside Estates 3 105 Creekview Drive 28 Blk P Lot 38 R-4861-00P-0380-1 Robert Breckling Wylie, Texas 75098 Lakeside Estates 3 103 v 29 BIk P Lot 39 R-4861-00P-0390-1 Troy Coleman Wylie, Texas 75098 Lakeside Estates 3 101 Creekview Drive 30 Blk P Lot 40 R-4861-00P-0400-1 Michael Walls Wylie, Texas 75098 Lakeside Estates 3 14901 Quorum Drive #300 31 Blk R Lot 1 R-4861-00R-0010-1 Gehan Homes Ltd Dallas, Texas 75254-7521 Lakeside Estates 3 102 Waterford Drive 32 Blk R Lot 2 R-4861-00R-0020-1 Nathaniel Smith Wylie, Texas 75098 Lakeside Estates 3 104 Waterford Drive 33 Blk R Lot 3 R-4861-00R-0030-1 Adrienne Davis Wylie, Texas 75098 Lakeside Estates 3 103 Hideaway Court ✓ X 34 Blk R Lot 6 R-4861-00R-0060-1 Wesley Duhart Wylie, Texas 75098 Lakeside Estates 3 101 Hideaway Court X 35 Blk R Lot 7 R-4861-00R-0070-1 Mark Atchley Wylie, Texas 75098 Lakeside Estates 3 Pulte Homes Corp of Texas 1234 Lakeshore Drive #750A 36 Blk Q Lot 1 R-4861-00Q-0010-1 c/o Homeowners Association Coppell, Texas 75019-4971 Lakeside Estates 3 Pulte Homes Corp of Texas 1234 Lakeshore Drive #750A 37 Blk Q Lot 2 R-4861-00Q-0020-1 c/o Homeowners Association Coppell, Texas 75019-4971 Lakeside Estates 3 0o 1J aleawct C 14901 Quorum Drive #300 v ke y 38 Blk S Lot 1 R-4861-00S-0010-1 Gehan Homes Ltd Dallas, Texas 75254-7521 r5tryl- Lakeside Estates 3 102 Hideaway Court- X 39 Blk S Lot 2 R-4861-00S-0020-1 Juliana Jelezoglo Wylie, Texas 75098 Lakeside Estates 3 104 Hideaway Court 40 BIk S Lot 3 R-4861-00S-0030-1 Christopher Larson Wylie, Texas 75098 x AI L IZ Lick- C,hrole Uonevw /fls ilicitu:c,c..a A C ✓ Lakeside Estates 3 2444 Williams Road 41 Bik S Lot 4 R-4861-00S-0040-1 Larry Joyce Oak Harbor,WA 98277-8582_ y Lakeside Estates 3 2203 Hideaway Court K. 42 Blk S Lot 5 R-4861-OOS-0050-1 Scott Sheaffer Wylie, Texas 75098 , Lakeside Estates 3 2205 Hideaway Court/ - 43 Blk S Lot 6 R-4861-00S-0060-1 Thomas Baker Wylie, Texas 75098 Lakeside Estates 3 2207 Hideaway Court 44 Bik S Lot 7 R-4861-00S-0070-1 Efrain Alonso Wylie, Texas 75098 Lakeside Estates 3 2209 Hideaway Court 45 Bik S Lot 8 R-4861-00S-0080-1 Zekarias Tilahun Wylie, Texas 75098 Lakeside Estates 3 2211 Hideaway Court 46 Bik S Lot 9 R-4861-00S-0090-1 Jose Cab Wylie, Texas 75098 Lakeside Estates 3 2213 Hideaway Court 47 Bik S Lot 10 R-4861-00S-0100-1 Yasin Rashid Wylie, Texas 75098 Lakeside Estates 3 2214 Huntington Drive 48 Blk S Lot 12 R-4861-00S-0120-1 Jadranko Stankovic Wylie, Texas 75098 Lakeside Estates 3 2212 Huntington Drive 49 Blk S Lot 13 R-4861-00S-0130-1 Kojo Marfo Wylie, Texas 75098 Lakeside Estates 3 2210 Huntington Drive C 50 Bik S Lot 14 R-4861-00S-0140-1 Heather Apple Wylie, Texas 75098 Lakeside Estates 3 2208 Huntington Drive 51 Blk S Lot 15 R-4861-00S-0150-1 Ruben Zurita Wylie, Texas 75098 Lakeside Estates 3 2206 Huntington Drive 52 Bik S Lot 16 R-4861-00S-0160-1 James Norris III Wylie, Texas 75098 Lakeside Estates 3 2204 Huntington Drive 53 Blk S Lot 17 R-4861-00S-0170-1 Rally Calvo Wylie, Texas 75098 Lakeside Estates 3 14901 Quorum Drive #300 54 Blk S Lot 18 R-4861-0OS-0180-1 Gehan Homes Ltd Dallas, Texas 75254-7521 Lakeside Estates 3 1234 Lakeshore Drive #750A 55 Blk S Lot 19 R-4861-00S-0190-1 Pulte Homes Corp of Texas Coppell, Texas 75019-4971 Lakeside Estates 3 2215 Huntington Drive 56 Bik T Lot 1 R-4861-00T-0010-1 Joe Vela Wylie, Texas 75098 Lakeside Estates 3 2213 Huntington Drive 57 Bik T Lot 2 R-4861-00T-0020-1 Justin McGillicuddy Wylie, Texas 75098 Lakeside Estates 3 2211 Huntington Drive 58 Blk T Lot 3 R-4861-00T-0030-1 Mathew Snider Wylie, Texas 75098 Lakeside Estates 3 2209 Huntington Drive 59 Bik T Lot 4 R-4861-00T-0040-1 Nigel Boyd Wylie, Texas 75098 Lakeside Estates 3 14901 Quorum Drive #300 60 Bik T Lot 5 R-4861-00T-0050-1 Gehan Homes Ltd Dallas, Texas 75254-7521 Lakeside Estates 3 14901 Quorum Drive #300 61 Blk T Lot 6 R-4861-00T-0060-1 Gehan Homes Ltd Dallas, Texas 75254-7521 Lakeside Estates 3 2212 Lakeridge Lane 62 Bik T Lot 7 R-4861-00T-0070-1 Kathryn Wood Wylie, Texas 75098 Lakeside Estates 3 2214 Lakeridge Lane 63 BIk T Lot 8 R-4861-00T-0080-1 Allen Smailagic Wylie, Texas 75098 Lakeside Estates 3 2215 Lakeridge Lane 64 BIk U Lot 1 R-4861-00U-0010-1 Louis Amaechi Wylie, Texas 75098 Lakeside Estates 3 2213 Lakeridge Lane 65 Blk U Lot 2 R-4861-00U-0020-1 William Nunez Wylie, Texas 75098 Lakeside Estates 3 2211 Lakeridge Lane 66 BIk U Lot 3 R-4861-00U-0030-1 Jackie McChristian Wylie, Texas 75098 Pulte Homes Corp of Texas 1234 Lakeshore Drive #750A 67 Blk H Lot 40 R-4861-00H-0400-1 c/o Homeowners Association Coppell, Texas 75019-4971 Lake Ranch Estates 501 Lake Ranch Lane { 68 --- Lot 5 R-0785-000-0050-1 Ronald Miller Wylie, Texas 75098 Lake Ranch Estates 7139 Brookshire Circle 69 --- Lot 6 R-0785-000-0050-1 Jagoda-Pyle Dallas, Texas 75230-4201 Lake Ranch Estates 5410 Royal Crest Drive 70 --- Lot 7 R-0785-000-0050-1 Larry Swingle Dallas, Texas 75229-5543 Lake Ranch Estates 5410 Royal Crest Drive 71 --- Lot 8A R-0785-000-0050-1 Larry Swingle Dallas, Texas 75229-5543 1717 S.Jupiter Road 72 Abst. 849 Tract 17 R-6849-000-0170-1 Thomas Mannewitz Garland, Texas 75042-7719 2 Rue Du Lac Street 73 Abst. 849 Tract 19 R-6849-000-0190-1 JL Brand Dallas, Texas 75230-2834 2615 Briarcove Drive 74 Abst. 849 Tract 21 R-6849-000-0210-1 Dr. Paul Taylor Piano, Texas 75074-4905 2825 W. FM 544 75 Abst. 849 Tract 22 R-6849-000-0220-1 Patrice Lemmon Wylie, Texas 75098 PO Box 1042 76 Abst. 849 Tract 41 R-6849-000-0410-1 Ida Pearl Scholz Wylie, Texas 75098 3838 Oak Lawn #1212 77 Abst. 849 Tract 51 R-6849-000-0510-1 Wooded Creek Estates Ltd Dallas, Texas 75219-4513 2 Rue Du Lac Street 78 Abst. 351 Tract 13 R-6351-000-0130-1 JL Brand Dallas, Texas 75230-2834 2 Rue Du Lac Street 79 Abst. 351 Tractl4 R-6351-000-0140-1 JL Brand Dallas, Texas 75230-2834 2 Rue Du Lac Street 80 Abst. 351 Tract 15 R-6351-000-0150-1 JL Brand Dallas, Texas 75230-2834 PO Box 1042 81 Abst. 1061 Tract 1 R-7061-000-0010-1 Ida Pearl Scholz Wylie, Texas 75098 4131 Skyview Drive 82 Abst. 1061 Tract 2 R-7061-000-0020-1 Henry Garland Wylie, Texas 75098 PO Box 1042 83 Abst. 1061 Tract 3 R-7061-000-0030-1 Ida Pearl Scholz Wylie, Texas 75098 9696 Skillman Street#210 0 84 Abst. 1061 Tract 6 R-7061-000-0060-1 WB North Properties LLC Dallas, Texas 75243-8294 4131 Skyview Drive 85 Abst. 1061 Tract 8 R-7061-000-0080-1 Henry Garland Wylie, Texas 75098 PO Box 307 86 Abst. 1061 Tract 10 R-7061-000-0100-1 Richard Parker Wylie, Texas 75098 6800 Colt Road 87 Abst. 196 Tract 1 R-6196-000-0010-1 Frances Wells Piano, Texas 75023-1003 FM 544 Bill Lovii, PE PO Box 90 88 FM 1378 Texas Dept of Transportation McK lnney, Texas 75069 PO Box 66016 89 DART Railway Dart Railway Dallas, Texs 75266 t S t i i i i i i I f jY {{ i i Spmsh�•I ) I k f es• _._.._.._,.�... .._.._ _._.._._._._.._.._.._._.._._ _._.._.._._ (------ i i(+jy=f pp A% �l g 4t%5 � �r f t 1 e r, I Ii L.1..�. :•b�r x,l�'+r L F. .414 w ,�, ��". 1T,S ,Y. i,,: {' 1 { 3.41 a P-.i k 1 i,. } f}f,i ;., t(.,zjr�t.:, N:e.+F}t yzE.;4-.4k.}Jy:-t �(�,.� ,"y� 1 {{;` ' ,, t 1 _ I £ t ;s�t, {' ,,i ' S/ i s-.tj F!Fr,t€t.,f{�E • S ., /, '1J. 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" b1zap' 4 :, r .> r tL eet { -,_.._..�. ._..�.._.._ .. l"Y"914+ag1i17S3 M. .. �.T i i i i i i i i• i i 1 ! i : i •i i i i i i . ••-• i i .1.._J_.._.._.._.• .._.._..J.._.._.._..L.._.._.._...j L.. .• t i i'• t _ M• 7 i i• L I I ` ` I / .,, . • _sect., .,•-• ,., ..,. ,, ......_.._.._.._.._....i.._.._.._.._.._.._.._.. i , , .,.. .., 1 ,,,600 ZONING CASE #2004-22 X -.-- c\&,:,as-i- C):-_--Q1'0,.,vo r PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-22. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-22. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: J%-4 v C PR .5o /ki S mAtz i6(pleaseprint) y N�l� Address: 6 93(, -SANK i9 0,J4;r D lrcci9s ) 7c-2 YP Signature: �/�' ��--Q...: 12‘ 1.4.01"4 Date: / /" /- 0 K COMMENTS: T ) /iCCF R 6D4g coo O 2 / O / PRo f. fi b1iC SS - (Q s r, g 9 Tip c Y A 1 -7—#/S i s i t/L. I1/61/As i ¢ 8 ES T u s'F Fo iQ T�f PgoPER TY -1- Povi Des ,9cc Jss Po/A/Ts 7-0 Tt/L /FRE/9 • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-22. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-22. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: WS lVdeT"h �i�bD�CYTkf LLc (please print) ,�,,../� Address: 9G94 ,Ski/imp, 5A1 cyl-4 2/0 D•dorf %x. 7S-2 Signature: / .--? / /n/gyit✓ Date: ///2f 44- COMMENTS: II PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-22. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-22. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 719DRFII6 3 j/9N, o'-9 C (please print) Address: 2-2/'t "0/11 T//Y1 i t'YY 01Q. iX/YL/ Signature: Date: //2 /01- COMMENTS: PUBLIC COMMENT FORM L O C T 2 6 2004 L' (Please type or use black ink) By 1 Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-22. 7\<„/ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-22. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Kk ( LQ (please print)Address: 09 0 , kv -orLj y Signature: ]� r1 Date: 10—arf'Z/ COMMENTS: PUBLIC COMMENT FORM Department of Planning 2000 Highway 78 North Wylie,Tx. 75098 XI am FOR the requested zoning for Zoning Case#2004-22 I am AGAINST the requested zoning for Zoning Case#2004-22 I am NOT OPPOSED to the requested zoning for Zoning Case#2004-22 Date,Location&Time of Planning&Zoning Tuesday,November 16, 2004, 7:00 pm Commission meeting: Municipal Complex,2000 Hwy. 78 North Date,Location&Time of City Council meeting: Tuesday, December 14,2004, 6:00 pm Municipal Complex,� 2000 Hwy. 78 North Name: u� __ / V I'� __ Address: (19,0 Co trick& 1.jd ft Or, Signature: O. 1761444;i6:72Zn— Date: /5/`1/01 COMMENTS: Zoning Case# 2004-22 As an owner of property within 200 feet of the proposed zoning change from agricultural to residential use,my signature below certifies that I am against proposed zoning change case #2004-22. Signature Print Address Phone 5. 1, t P k' �Z. ,v , '7 7 refg -6)l DI .�-�<--- cc+ Q�c�w- — ✓IV 5— is/pow (. a/ ertr Art l� I JS -1-}ir��Cux��Cf- 21y y H-tu) v163 1‘'CPC/" C- 1`-!_�f7`(-1aDj ,‘ I j 0C(`_ / . r'r 1-r-h t �r ''I Dk \_�ele qvvc,t c 4 <)J L(-W 911.-l 9 ,75 �# Je er5rn -ICY) 1 7 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case i #2004-22. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-22. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Hi way 78 North,Wylie,Texas Name: _J G--O`ZY -1 -i✓ (please print) J' Address: Zip-3 L 1il L---1---lI ./s/.177 G'• Date: /(li(.,/DW COMMENTS: � I ) c �r1( S1f �► a „5'* 4Ls rczo.+:(�'`'� — See- 1►S(� vN&cJ bets ulha ati;W� - U 12/07/2004 15:32 9722679916 PARSONS DEVELOPMENT PAGE 01/01 PUBLIC COMMENT FORM Department of Planning 2000 Highway 78 North Wylie,Tx. 75098 I am FOR the requested zoning for Zoning Case#2004-22 I am AGAINST the requested zoning for Zoning Case#2004-22 I am NOT OPPOSED to the requested zoning for Zoning Case#2004-22 Date,Location&Time of Planning&Zoning Tuesday,November 16,2004,7:00 pm Commission meeting: Municipal Complex,2000 Hwy.78 North Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Hwy.78 North Name: \C._ S� � `r` Address: \ t 0 l r.1 d k-SIC Signature: Date: 17 —7 CI COMMENTS: ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-22, TO PLANNED DEVELOPMENT (PD) DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL USES; 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, allowing for single-family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section 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 Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary EXHIBIT "A" LEGAL DESCRIPTION ZC #2004-22 BEING a tract of land situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie Collin County, Texas, the subject tract being a portion of that 27.44 acres tract conveyed to Paul P. Taylor and Laverne C. Taylor according to the warranty deed recorded in Volume 645, Page 470 of the Land Records Of Collin County, Texas (LRCCT), and part of a 100.3287 acre tract of land being conveyed by deed to J.L. Brand and Dorothy S. Green, recorded in Volume 1376, Page 94, Deeds Records, Collin County, Texas(D.R.C.C.T.),the subject tract being more particularly described as follows; BEGINNING at a point on the south line of said Paul P. Taylor tract and on the north line of Lakeside Estates Phase III, an addition to the City Of Wylie recorded in Cabinet N, Page 303 (LRCCT), said point further being the southeast corner of a tract of land conveyed to Calvin E. Lemmon and wife, Patricia M. Lemmon according to the warranty deed recorded in Volume 864, Page 279 (LRCCT), a tree found at corner and 2.2 feet northerly of a concrete curb, and from which a fence post bears N 13° 57' W, a distance of 4.0 feet and a power pole bears N 64° 48" W a distance of 2.3 feet, said beginning point further being 92.63 feet from the northwest corner of said Lakeside Estates Phase III addition; THENCE N 00°6'57" W a distance of 603.75 feet to a point for corner; THENCE N 89°48'57" W a distance of 347.22 feet to a point for corner; THENCE N 00°10'10" E a distance of 482.91 feet to a point for corner; THENCE S 89°56'53" E a distance of 1506.48 feet to a point for corner; THENCE N 00°3'27" W a distance of 414.70 feet to a point for corner; THENCE N 89°58'48" E a distance of 1003.75 feet to a point for corner; THENCE S 03°57'09" W a distance of 262.15 feet to a point for corner; THENCE a tangent curve to the right having a central angle of 53°29'59" a radius of 353.88 feet and an arc length of 330.44 feet with a chord bearing of S 30°42'08" W-318.56 to a point for corner; THENCE S 59°35'51" W a distance of 380.66 feet to a point for corner; THENCE S 50°01'11" E a distance of 341.98 feet to a point for corner; THENCE S 30°28'03" E a distance of 576.21 feet to a point for corner; THENCE S 52°59'38" E a distance of 445.07 feet to a point for corner; THENCE N 89°55'29" E a distance of 81.92 feet to a point for corner; THENCE S 00°04'31" E a distance of 1006.63 feet to a point for corner; THENCE S 86°38'09" W a distance of 540.83 feet to a point for corner; THENCE a tangent curve to the right having a central angle of 09°11'25" a radius of 5679.58 feet and an arc length of 911.01 feet with a chord bearing of N 88°46'08" W-910.03 to a point for corner; THENCE N 84°10'26" W a distance of 51.04 feet to a point for corner; THENCE N 02°55'23" E a distance of 567.94 feet to a point for corner; THENCE N 89°58'54" E a distance of 221.85 feet to a point for corner; THENCE N 02°00'52" E a distance of 656.50 feet to a point for corner; THENCE N 89°57'29" W a distance of 1420.05 feet to the place of beginning and containing 4357950 square feet or 100.0448 Acres of land. EXHIBIT"B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2004-22 GENERAL CONDITIONS : 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 8.5 District (SF-8.5/17) set forth in Article 3, Section 3.3 of the Comprehensive Zoning Ordinance (adopted as of November 13, 2001) are included by reference and shall apply except as provided herein. SPECIAL CONDITIONS : 1. Maximum number of residential lots not to exceed 200 lots. 2. Lot Size a. Minimum lot area of 7,200 square feet on 50% and 8,500 square feet on the rest of the lots. b. Minimum lot width of 50 feet at the building line on 5% of the lots. Minimum lot width of 60 feet at the building line on 60% of the lots. All other lots shall have a minimum 70 feet width at the building line. c. Minimum side yard of 5 feet and side yard of corner lots 25 feet when that side is on a key lot. A side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. 3. Minimum building area of 2,100 square feet on 50% of the lots, 2,200 square feet on 35% and 2,500 square feet on 15%. 4. Three-tab roofing shall not be permitted. 5. No alleys shall be required within the property. At least 25% of the houses shall have garages that do not face directly to the street in the front of the lot. Any houses facing Lakefield Drive will have either a J drive or a rear entry garage. 6. A barrier screen of earth berm and live plants shall be along the north side of the railroad corridor, as approved by the P &Z. 7. Lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder, as approved by the P &Z. 8. The Development Plan attached as Exhibit"C" shall serve as the Preliminary Plat. DEVELOPMENT STANDARDS: The dedication of 43.76 acres of land and either the construction of(or the escrow of funds) two trailheads that will provide public access from the development. These trailheads shall connect to the hike and bike trail system to be built in the future by the City through the Muddy Creek corridor. The combination of land and improvements shall be in lieu of City park fee requirements. 6 Exhibit "C" 4\\ LOW RANCH PRISE 1 R00 roe 0 100 .00 MOW. YUMMYa7-0erse2 SCALE'I"•200' . . ___) 1 i I I MILO YARHE.H2 ' ' future ``-\ e2-0094130 •,'WIRED CREEK 15Tye� / PHASED ,� a .�_. w uITI�f�=lT fw^ ` rA O\ —manned.-Dm ,,A��O©4\ • 'Cel�!w:11 a l I d d- to lill7.�6 fl R� RMDED MUSE Il.TTATS ! I a) I. .Ip,t4.+e.w,.. -221121 :' OEM i slim, �. Open Space re.re.a A.... CAR a.'Pe 540 1 i 7 -La ' ,M 4a76 Acres ,M0010 ©t© (�/ JF7EL0 DRf`2 _---- -- ---,. 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City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: December 03, 2004 Exhibits: 9 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Community Retail (CR)District to Planned Development (PD) District for mixed retail and light industrial uses. Zoning Case No. 2004-23 RECOMMENDED ACTION: Planning and Zoning Commission voted 5 — 0 to recommend approval with stipulations (incorporated into current report and attachments) on November 16, 2004. SUMMARY: Owner: Carlisle Coating &Waterproofing/Greenway-78, LP Applicant: Greenway Investment Company Public Notification/Comments—20 mailed, 3 returned(2 favoring and 1 opposing), requires simple majority to approve. The property has never been platted and will require platting prior to initiation of development. The platting eliminates all vested rights to previous code regulations and requires full compliance with current regulations. It is proposed to reconfigure the current 3 tracts into 2 tracts- Tract A is 3.53 ac. along north/544 frontage, and is to comply fully with Community Retail regulations except to allow drive-thrus for banks and restaurants without SUP. Tract B is 4.62 ac. to south/railroad, and is to comply fully with the regulations for Industrial except to allow CR uses as well as distribution, light assembly and storage. APPROVED BY: Initial Date Department Director: CT \ 12-03-04 City Manager: Ali C \ /a --9-b y 1 AGENDA SUBJECT: Hold a Public Hearing and act upon a change of zoning from Community Retail (CR)District to Planned Development(PD)District for mixed retail and light industrial uses. Zoning Case No. 2004-23 SUMMARY: (Continued) The Comprehensive Plan recommends that this area be developed for light industrial uses with limited, subordinate retail uses, due to its excellent accessibility to highway and rail transport. The proposed CR retail use of Tract A, as well as the current CR zoning of the entire property,does not conform to this recommendation of the Plan. The proposed light industrial use (distribution, light assembly and storage) of Tract B does conform with the recommendation of the Comprehensive Plan. Likewise, the depth and configuration of the property limit its potential to support efficient retail development,except as a unified complex. The Comprehensive Plan recommends that the intersection of SH 78 and FM 544 develop into Wylie's new central commercial district, and the proposed CR retail as well as the Albertsons/Home Depot development to the west complements this recommendation. The mixed, heavier commercial uses proposed for the property could serve to attract additional diverse commercial development to this physically and economically significant focal core. The PD zoning is justified only to allow the future potential for the limited and perhaps speculative heavy commercial/light industrial uses proposed for Tract B (distribution, light assembly and storage) which are not permitted within the current CR zoning. The P&Z recommended against allowing mini-warehouse/self storage facilities without SUP. The applicant has not documented the assurance of such uses to justify the need for PD zoning. The PD classification was initially requested in order to protect the continued utilization of the nonconforming Carlisle facility, which the Planning and Zoning Commission recommended against and has now been deleted from the proposal with the agreement of the applicant. The initial request also included manufacturing as an allowed use for Tract B, but this has also been deleted by the P&Z. The existing Carlisle facility is a "legally nonconforming" structure which is temporarily being used by Sanden for storage/warehousing(a nonconforming use in CR) which will terminate in January. The building and grounds do not comply with the current development requirements of the Zoning Ordinance nor with Building and Fire Codes. Demolition of the facility would assure code-compliant construction and could broaden the potential use of the entire property, either as a planned retail center or mixed commercial/industrial uses. The subject property is accessible only from FM 544 on the north, with the railroad corridor and drainage channel bordering to south and east. The retail center of Albertsons and Home Depot backs to the property on the west. A cell tower was recently approved for the southeastern portion of the property. Financial Consideration—NA NOTIFICATION REPORT APPLICANT: Mark Hardaway of Greenway Investments C APPLICATION FILE #2004-23 2808 Fairmount, Suite 100 Dallas,Texas 75201 X = 0471,46ss O Z' gA440 k LOT/TRACT I TAX LD. # I PROPERTY OWNER NAME I ADDRESS I[ iBLK/ABST1 Applicant Mark Hardaway 2808 Fairmount, Suite 100 0 1 Greenway Investments Company Dallas,Texas 75201-7622 The Greenway Addn 2808 Fairmount Street, Suite 100 2 Blk A Lot 1 R-8110-00A-0010-1 Greenway-Wylie Retail LP Dallas,Texasexg 7 20 1-7622 The Greenway Addn 0 3 Blk A Lot 2 R-8110-00A-0020-1 Albertson's Inc. Boise, Idaho Box 183726 0020 The Greenway Addn 4 Blk A Lot 3 R-8110-00A-0030-1 Home Depot USA Inc. Atlanta, GGe orgiax 67 3 8-5842 544 Industrial Park 5 Blk 2 Lot 1A R-2000-002-0010-1 United States Postal Service Dallas, ExSs 75266-7180 ne Road 80 544 Industrial Park lie,Texas 75098 6 Blk 2 Lot 1 B R-2000-002-001 B-1 Dewey CooperC 9308 Indian Knoll Drive Wallace Industrial Park 7 Blk 1 I Lot 1 ] R-1897-001-0010-1 Dallas Whirlpools Ltd McKinney,Bo 109075098 00 Texas 70-4912 Wallace Industrial Park P Texas 90098 8 Blk 1 Lot 2 R-1897-001-0020.1 Mary Pilkington Wylie, Kirby 78 Addn Duda Ceevees-W, LP 1975 W.State Road#426 9 -- Lot 1 R-4903-000-0010-1 c%A. Duda &Sons, Inc. Oviedo, Florida 32765-4504 Dewey Wallace 9308 Indian Knoll Drive 10 Abst 266 Tract 2 R-6266-000-0020-1 Dallas Whirlpools Ltd McKinney,Texas 75070-4912 604 W. Lookout Drive#228 11 Abst 266 Tract 3 R-6266-000-0030-1 Chemical Recylcling, Inc. Richardson,Texas 75080-2158 639 Treasure Road 12 Abst 266 Tract 4 R-6266-000-0040-1 Hobart Industries, Inc. Garland8 , Texas 75041-294 7 28e 100 13 Abst 267 Tract 4 R-6267-000-0040-1 Greenway- 78, LP Dallas, Texas 75201-7622 900 Hensley Lane Tract 42 R-6267-000-0420-1 Hardcast, Inc. Wylie, Texas 75098 ® 14 Abst 267 900 Hensley Lane 15 Abst 267 Tract 43 R-6267-000-0430-1 Hardcast, Inc. Wylie,Texas 75098 PO Box 219335 16 Abst 267 Tract 76 R-6267-000-0760-1 Kansas City Southern Railway Co. Kansas City, Missouri 64121-9335 f 2000 SH 78 North 17 Abst 820 Tract 11 R-6820-000-0110-1 City of Wylie Wylie,Texas 75098 Collin County 210 S. 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'',!',.1.',7,0,,,Irkr,**7+$,k-4,:s,-4:a/4'......,;Atiti;;;,,..,,.',,,....',i.j,4: ., ---.. ••.-..... .. • • -.. .. ___ . . r — •• -- qi .:tzcs- /•./.., / \ • \ S.4 • oe, \ ____.----------L r----c-----. ----------- i . PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case �f #2004-23. j i I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-23. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas 9 Name: (p ease print) Address: Yvj 7 y9 p r- s e.// Signature: V- `' Date: / COMMENTS: - ��� PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 KI am FOR the requested zoning as explained on the attached public notice for Zoning Case . #2004-23. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-23. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas 41-- e'Akt t s LE CoA-T/NG S q tafi7ERAOOF►N6- Name: kboozr L • S7U u (please print)Address: 106 fj eks t2v L-rfile ' 9a3 0. ►rb i, F1 Tic Signature: . )0 . orcvni---' Date: l0 z�j'/O 4/ COMMENTS: ` PUBLIC COMMENT FORM i (please type or use ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 ,) I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-23. • I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-23. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 16,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas i Date,Location&Time of Tuesday, j City Council meeting December 14,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 6'X11=6N60+41 W ti t-V-E.- I i , f'• (please print) • Address: 'Z.S a S_ • 16k'T", v- .re.- i e C Signature: //��= IIIIV-,API .1111,7r • . . Date: 1 t l L O + fr . • COMMENTS: CIDt�a't'S-10eta V �•- •. 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 2004-23, TO PLANNED DEVELOPMENT (PD) DISTRICT ALLOWING FOR MIXED RETAIL AND LIGHT INDUSTRIAL USES; 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, allowing for mixed retail and light industrial uses, said property being described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section 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 Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary EXHIBIT"A" LEGAL DESCRIPTION ZC #2004-23 Tract 1 All that certain lot,tract or parcel of land situated in the E.C. DAVIDSON SURVEY, ABSTRACT NO. 267, City of Wylie, Collin County, Texas, and being all of Tract 1 and Tract 2 as descried in a Warranty deed from Boyd Bennett and wife, Margaret Bennett to Hardcast, Inc., dated June 9, 1987 and being recorded in Volume 2646, Page 156 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a'/2" iron rod with yellow plastic cap stamped "R.S.C.L RPLS 5034" set for corner in the South right-of-way line of F.M. Highway 544 (60' from center) at the Northeast corner of said Tract 1, said point being at the Northwest corner of a 3.953 acre tract of land as described in a Warranty deed from Robert F. Martinez, et al to Greenway-78, L.P., as recorded in Volume 4886, Page 4459 of the Land Records of Collin County, Texas; THENCE S 04 degrees 10 minutes 24 seconds W along the common line between said 3.953 acre tract and said Tract 1, a distance of 544.97 feet to a 5/8" iron rod found for corner at the Southwest corner of said 3.953 acre tract and in the Northwest right-of-way line of Kansas City Southern Railroad; THENCE S 55 degrees 10 minutes 40 seconds W along said right-of-way line, a distance of 489.18 feet to a'/2" iron rod found for corner at the Southwest corner of said Tract 1 and being at the Southeast corner of THE GREENWAY ADDITION, an Addition to the City of Wylie, Texas, according to the Plat thereof recorded in Volume 0, Pages 287-289 of the Map Records of Collin County, Texas; THENCE along the West line of said Tract 1 and the East line of said Addition as follows: N 02 degrees 24 minutes 14 seconds E a distance of 272.38 feet to a '/2" iron rod found for corner; N 87 degrees 53 minutes 07 seconds W a distance of 50.22 feet to a'/2" iron rod found for corner; N 02 degrees 59 minutes 10 seconds E a distance of 102.57 feet to a 1" iron rod found for corner; S 87 degrees 27 minutes 02 seconds E a distance of 50.01 feet to a'/2" iron rod found for corner; THENCE N 02 degrees 13 minutes 56 seconds E (Controlling bearing line) along the West line of Tract 1 and Tract 2, a distance of 453.58 feet to a '/2" iron rod with yellow plastic cap stamped "R.S.C.I. RPLS 5034" set for corner in the South right-of-way line of F.M. Highway 544 (W. Kirby Street); THENCE N 89 degrees 42 minutes 30 seconds E along said right-of-way line, a distance of 126.08 feet to a broken TXDOT highway monument found for corner; THENCE in an Easterly direction along a curve to the right having a central angle of 02 degrees 14 minutes 00 seconds, a radius of 5669.58 feet, a tangent of 110.51 feet, a chord of S 89 degrees 10 minutes 32 seconds E, 220.98 feet along said right-of-way line, an arc distance of 221.00 feet to an"X" cut in concrete drive for corner; THENCE S 88 degrees 03 minutes 30 seconds E along said right-of-way line, a distance of 60.03 feet to the POINT OF BEGINNING and containing 277,261 square feet or 6.37 acres of land. Tract 2 BEING a tract of land situated in the E.C. DAVIDSON SURVEY, ABSTRACT NO. 267, and being a portion of that tract of land conveyed to A.C. Martinez from Robert F. Axe as recorded in Volume 336, Page 358 of the Deed Records of Collin County, Texas and being more particularly described as follows: Beginning at a found 5/8 inch iron rod at the intersection of the South right-of-way line of F.M. 544 (a variable R.O.W.) and the West line of the said A.C. Martinez tract; THENCE S 88 degrees 09 minutes 30 seconds E along the South right-of-way line of said F.M. 544, a distance of 198.24 feet to a set 5/8" iron rod set for corner; THENCE S 03 degrees 51 minutes 10 seconds E, departing the South right-of-way line of said F.M. 544, a distance of 139.40 feet to a set 5/8" iron rod beginning a tangent curve to the right having a central angle of 48 degrees 10 minutes 20 seconds, a radius of 522.97 feet, a chord bearing and distance of S 27 degrees 56 minutes 20 seconds W, 426.86 feet; THENCE along said curve to the right an arc distance of 439.69 feet to a 5/8" iron rod for corner being in the Northwest right-of-way line of the G.C. and Santa Fe Railroad (a 100' right-of- way); THENCE S 52 degrees 01 minutes 30 seconds W, along the Northwest right-of-way line of said G.C. and Santa Fe Railroad, a distance of 34.11 feet to a found 5/8" iron rod for corner being the Southwest corner of said A.C. Martinez tract; THENCE N 04 degrees 00 minutes 38 seconds E, departing the Northwest right-of-way line of said G.C. and Santa Fe Railroad, along the West line of said A.C. Martinez tract, a distance of 544.88 feet to the POINT OF BEGINNING and containing 83,929 square feet or 1.927 acres more or less. EXHIBIT `B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Zoning Case No. 2004-23 General Conditions 1. This Planned Development district shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 2. The property shall be configured into two separate parcels. a. Tract A: The frontage parcel along FM 544 will measure approximately 3.53 acres and will comply with all regulations of Community Retail as set forth in Section 4.1.b and Sections 5.1 and 5.2 of the Zoning Ordinance (Adopted February 7, 2002)which are included by reference and shall apply except as provided herein. b. Tract B: The remaining approximately 4.62 acres to the south of Tract A shall comply with all regulations of Industrial, as set forth in Section 4.3 and Sections 5.2 and 5.3 of the Comprehensive Zoning Ordinance (Adopted as of February 27, 2002) and included by reference and shall apply as provided herein. This parcel will be used for light assembly, distribution and storage of raw materials and finished goods utilized in manufacturing, as well as Community Retail uses. Special Conditions 1. The following uses shall be permitted in Tract A: a. All uses as permitted with Community Retail as shown in Section 5.2. b. Financial Institutions with Drive-through, without SUP, Restaurants with Drive-in, Drive Through or Carry Our Service, without SUP. 2. The following uses shall be permitted in Tract B: a. General office and warehouse related uses to include, but not limited to: 1. Distribution 2. Light assembly 3. Storage b. All uses permitted in Tract A. As approved by the P&Z Commission November 16, 2004 CITY OF WYLIE Item No. 11. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: December 03, 2004 Exhibits: 4 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS) to Planned Development District (PD) for residential uses of varied densities. Zoning Case No. 2004-25. RECOMMENDED ACTION: Planning and Zoning Commission voted 4—2 to recommend approval on December 7, 2004, with stipulations, which have been incorporated into this communiqué and attached conditions of the PD. SUMMARY: Owner—Charles Rice Applicant— Skorburg Company Property was annexed September 28, 2004. COW sewer, East fork water. Notification/Responses—No written responses. Requires simple majority to approve. Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (lac lots). Request does not comply with Comp Plan. • Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp Plan. APPROVED BY: Initial Date Department Director: CT \ 12-03-04 City Manager: MBR \ /c-`!-61/ 1 AGENDA SUBJECT: Hold a public hearing and consider a recommendation to the City Council concerning a change in zoning from Agriculture(A) and Neighborhood Services(NS)to Planned Development District (PD) for residential uses of varied densities. Zoning Case No. 2004-25. SUMMARY: (Continued) Conditions of PD- • maximum Single Family lots, 510 w/park/trail and school to 600 w/o park/trail and school (proposed density of 2.7 to 3.2 d.u./ac., compared to 1.8 recommended by Comprehensive Plan) • minimum lot size of 8,500 s.f. w/45%larger than 10,000 s.f. and 10%larger than 12,00 s.f. • Modified dimensional requirements - Minimum dwelling size 2,400 s.£, compared to 1,700 s.f for 8,500 and 1,900 s.£ for 10,000 lots - Type A lots — 70 ft. lot width(compared to 75 ft.) — reduced side and rear yard setbacks — Type B lots — 65 ft. lot width(compared to 70 ft.) — reduced front, side and rear yard setbacks • Development requirements same as ZO, except - no garage doors facing front street, except for 2&1 s where the single door may face the street - landscaped berm w/rail fence to replace perimeter solid masonry wall • No alleys required—but no garages shall face front street, all other functions (access, utilities, drainage) are handled by other means, and alleys are not appropriate adjacent to thoroughfare, open space and existing rural residential without alleys. • Realigns Elm Drive as Secondary Collector street, leaves Alanis Primary Thoroughfare as total responsibility of neighboring property to the North. • Transitional buffer against existing residences, to SW to be a min. 10K backing lots w/2,400 s.f dwellings, and to N to be min. 12,000 s.f backing lots w/2,400 s.f dwellings and tree buffer. • Tree preservation—save 25% of riparian trees 8 in. or larger, and all hardwoods 8 in. or larger w/in 3 ft. of perimeter property line. • HOA to own and maintain street medians, green belts and common areas. • Park land dedication(600 lots requires 30 ac, to be indicated on future Development Plans/Plats). WISD school site available, discussions initiated. Boundary discrepancy at Vinson Road must be reconciled at platting. Financial Considerations—estimated annual at current levels • Revenues, +/- $531,675to 625,500 property tax • Expenses, +/- $31,200 maintenance of park 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 2004-25, TO PLANNED DEVELOPMENT (PD) DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL USES 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, allowing for single-family residential uses of varied densities, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section 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 Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Legal Description Zone Change#2004-25 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 County, 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 1/2" 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 1/2" 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 1/2" 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 '/2" 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 Larry Morgan tract of land to a point in an old fence line, a distance of 115.79 feet to a '/2"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 'A" iron rod set for corner; 7. THENCE N 14 degrees 51 minutes 31 seconds West, a distance of 228.87 feet to a'/2" 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'/2 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'/Z" 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 ' " 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 211.90 feet to a'/2" iron rod set for corner and being the beginning of a non-tangent curve to the right having 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 1/2" 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'/2" 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 '/2" 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 '/2" iron rod set for corner; 7. THENCE S 44 degrees 27 minutes 55 seconds E, a distance of 38.48 feet to a'/2" iron rod set for corner; 8. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 1926.55 feet to a '/2" iron rod set for corner; THENCE S 48 degrees 20 minutes 46 seconds W, a distance of 65.70 feet to a '/2" iron rod set for corner; THENCE N 88 degrees 30 minutes 46 seconds E, a distance of 133.60 feet to a '/2" 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 '/2" 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'A" 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. As Recommended By The Planning and Zoning Commission 12/07/04 Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Braddock Place Zoning Case#2004-25 REVISED Planned Development Requirements: Statement of Purpose: The purpose of this Planned Development District is to permit the development of BRADDOCK PLACE. II. Statement of Effect: This Planned Development shall not effect any regulation found 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. 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 units permitted in this Planned Development shall not exceed 600 units. In the event the Parks Department accepts the proposed park and linear trail depicted on the Zoning Exhibit, the maximum number of units shall be reduced to 550 units. In the event Wylie ISD elects to construct a school on the proposed school site depicted on the Zoning Exhibit, the maximum number of units shall be reduced to 560 units. In the event the school and park are both developed according to the Zoning Exhibit, the maximum number of units shall be 510. 2. Lot Mix: A minimum of 10% of the Single Family Lots will be in excess of 12,000 sf. A minimum of 45% 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. However, when three car garages are constructed on a lot and a"2&1" configuration is used, the single car door may face the street. 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. 5. The minimum house size for a residence in Braddock Place shall exceed 2,400 sf. For the entire development. 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": 2,400 s.f. b. Lot Type`B": 2,400 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. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 14. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 15. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth for all lot types. 16. 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. 17. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 18. 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. 19. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 sf. maximum. This does not limit amenity centers that are part of a single family development. 20. 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 masonry screening wall. The berm shall be planted with a combination of hardwood and evergreen trees, irrigated by an underground system, grassed with Bermuda, Buffalo or a Rye/Bermuda mix. All open space areas will 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. VII. 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 with split rail fence shall be provided along FM 544. The berm shall have a sculpted, undulating form. A conceptual landscape plan to be provided with the Preliminary Plat. X. Transition Zone: In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision as well as those residences which face Elm Drive, the developer shall establish edge buffers, of 10,000 square foot lots that have a minimum house size of 2,400 sf., one lot deep, of lots along the southwestern property line and the northwestern property line from the proposed park to the north/south western property line of this development. 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 12,000 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 Braddock Place that will be planted with evergreen trees thirty feet (30') on center along the edge of the property. XL 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. XII. Amenity Centers: The developer will construct two amenity centers in the subdivision. Each amenity center will feature a pool, playground, and cabana. These amenity centers will be for the residents of Braddock Place only and be maintained by the HOA. XIII. The Developer of the Braddock Place has met with the Wylie Independent School District and discussed the following terms for an elementary school site in Braddock Place: i. A mutually agreeable site within Braddock Place. ii. The exact size, location, and circulation pattern shall be shown on the Development Plan submittal for that portion of the Planned Development. 1111 35' MIN. *A1 / SPLIT RAIL _ FENCE `4' �i/ // SLOPE q•_5• jj�, ,SUQJECT 41111111 �*2 '•F, I i •,,!'PROPERTY �� -..; ! i " _4 ' BERM DETAIL 30' OPEN SPACE WITH 1 j ir,VeS. NTS CEDARS • 30' 0.C. 1 1 VICINITY MAP •(OR OTHER EVERGREENS) i ins -"7 — A. i I 80' TYP (70' MIN) 71' TYP (65' MIN) i J ! (—" 7 ( BERM & SPLIT RAIL j4 ! 2`' IZ 2� �z (SEE BERM DETAIL) j 1 l 15 l 15 1- —7' OR 10% to -.l 6.5' OR 10% to i i i ! I ; i l I laI i> ' I i 5 �. j IN I IN ; / , ., • 25' FRONT l^ I 20' FRONT l^ ! a AMENITY ;' Q'f'� .4 f----, Ii CENTER *I • �� 1 TYPE A TYPE B i .(-._ ! I ELAI-61EI1{F I t:._.=..—ii r • I TYPICAL LOT DIMENSIONS e r _ i * A MINIMUM OF 45% OF THE TOTAL LOTS MUST I '''01 r'� 11 I � BE 10,000 SF, OR TYPE 'A' LOTS. •� * MINIMUM HOUSE SIZE • 2,400 SF ----"J- r'� ,� PROPOSED ( 1 t SCHOOL SITE :4 j * MAXIMUM HEIGHT • 36 FT ! 1 g i I 1 i 1 I ►1 I I I I I I I I I� �Q I I I I 1 I I I j ; �� i .. .. .. .. .. .. ..�..�..�.�•..�..�...�..�.4...y.!....�..r..�.y. ..+..�..,..�..�..�..�..L..�. g 1 � Q i ri PARK 4i • :‘,.....\:\, .ram •_i ..-' ,rr, :43_. — r ,r' AMENITY .�`<.` ',,.‹ CENTER =2 is 7 `a 64 i • 1j / ,,, A\1 / ems"Y\I'1 / \ \ 4. lit \ / ' I y iS N �. ,T CALLIN COUNTY —?` Yy•.r „_„� i DALLAS COUNTY/ ,��\ eJ•j •/i i i r\CT\ 1 ice. i f' / �i ,, i, ` 'N� \ `a 1. ALL COMMON AREAS, INCLUDING BERMS ALONG FM 544, ARE �a \ /4 :51! j TO BE MAINTAINED BY HOA. 2. 10% OF THE TOTAL LOTS WITHIN THE SUBDIVISION SHALL BE ' \\� f A MINIMUM OF 12,000 SF. ` 3. LOCATION OF AMENITY CENTER *2 IS ILLUSTRATIVE IN NATURE y , / ONLY. EXACT LOCATION TO BE DETERMINED AT TIME OF PLATTING. i is _,._."_.._" 4. MINIMUM LOT SIZES OF 12,000 SF SHALL BE REQUIRED ADJACENT ii// SCALE: 1"=400' TO THE 30' OPEN SPACE AT THE NORTH EDGE OF THE TRACT. / 5. MINIMUM LOT SIZES OF 10,000 SF SHALL BE REQUIRED ALONG THE SOUTHWESTERN PROPERTY LINE OF THE TRACT. PREPARED FOR: PREPARED BY: BRADDOCK PLACE SKORBURG COMPANY KENNEDY CONSULTING, INC. ZONING EXHIBIT 3838 OAK LAWN AVE., SUTE 1212 808 S. COLLEGE ST., SUITE 300 ±185.2 ACRE TRACT DALLAS, TX 75219 214-522-4945 MCKINNEY, TX 75069 972-542-1754 WYI.IE, TEXAS . 11/11/0- Exhihit"C" , 00z, Dezfrli ---- z2ttlogLted ; 37re \ t+ P 7reerieci A.fl,,c& Oyvervt7s 2 e CITY OF WYLIE Item No. Work Session City Secretary's Use Only COUNCIL AGENDA ITEM WORKSESSION MEETING FOR: Regular X Meeting of: December 14, 2004 Other: Department: Wylie Economic Development Corp. Prepared By: Sam Satterwhite Date Prepared: December 2, 2004 Exhibits: 1 AGENDA SUBJECT: Conduct Work Session Pertaining to a Tax Abatement to be Considered for Sanden International (U.S.A.), Inc. RECOMMENDED ACTION: Staff recommends that the Wylie City Council authorize staff to draft a tax abatement agreement between the City of Wylie and Sanden International (U.S.A.), Inc. to be formally considered by the Wylie City Council at a later date. SUMMARY: Sanden International representatives approached the City of Wylie to discuss an equipment and facility expansion which Sanden hopes to undertake in two phases. The potential expansion cost is estimated at a total of $20.1 million. Phase I is comprised of an $8.7 million equipment purchase and refitting of existing manufacturing lines. Phase I could be under construction in the first quarter of 2005. Phase II has an estimated cost of$11.4 million. Phase II will consist of an estimated 30,000 square foot expansion ($3 million) to their existing die cast facility with the balance of$8.4 million investment in equipment. The tax abatement entered into between the City of Wylie and Sanden in 1999 expires December 31, 2004. Should the City Council agree in concept to formally consider a tax abatement agreement; the effective date of the agreement will be January 1, 2006. While this issue is seemingly premature, the President of the Wylie plant is departing for Japan on December 16, 2004 to meet at Sanden's world-wide headquarters to seek approval for the expansion. Therefore, local Sanden officials must have a position from the City of Wylie as to the `local' support for the expansion. Within the Sanden corporate culture is a highly competitive process which requires Sanden plants around the world to compete for the same business. Sanden Corporate Headquarters in Japan has secured contracts under which a certain amount of new business will be generated from Volkswagen, General Motors, Honda, and Freightliner heavy duty trucks. In order for Sanden International (U.S.A.) to secure the new business, the above described investment must be undertaken in Wylie. Being that the Wylie plant is competing with plants under the Sanden umbrella; every cost must be evaluated and minimized. As described by Sanden officials, the existing lines of business in Wylie are decreasing to the point that within 2 — 4 years, employment at the Wylie plant could be dramatically impacted. Should Wylie secure the new business from Volkswagen, etc., those jobs and continued investment could be secured. APPROVED BY: Initial Date Department Director: SS \ 12-3-04 City Manager: /rW \ is-9-4V AGENDA SUBJECT: Conduct Work Session Pertaining to a Tax Abatement to be Considered for Sanden International (U.S.A.), Inc. SUMMARY: (Continued) As per the City of Wylie Economic Development Incentives Policy (as attached), Sanden will qualify for a maximum 400% tax abatement over a 5 year period. As stated in the policy, "no applicant may choose to take greater than 100% in any given year." Based upon the structure and timing of Sanden's investment, Sanden has requested that the abatement be `front-end loaded.' More specifically, and with staff recommendation, the following abatement schedule is being presented. Please note that a staggered abatement schedule is being presented with both Phase I and Phase II receiving a 5-year abatement. While the formal tax abatement to be considered by Council in the future will be a 6-year package, each phase of the expansion will only receive a 5- year abatement. Phase I r #rrnt::. . . .. 'erettage>::.......::::::::.:::::Tars 2006 $8.7 90% $54,419 $6,047 2007 8.7 90% 54,419 6,047 2008 8.7 75% 45,349 15,116 2009 8.7 75% 45,349 15,116 2010 8.7 70% 42,326 18,140 Total 400% $241,860 $60,465 Phase II ...................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................... ...................................................................................................................................................................................................................................... 2007 $11.4 90% $71,307 $7,923 2008 11.4 90% 71,307 7,923 2009 11.4 75% 59,423 19,808 2010 11.4 75% 59,423 19,808 2011 11.4 70% 55,461 23,769 Total 400% $316,920 $79,230 Sanden currently has an existing appraised value of$56.8 million. Of the total appraised value, $34.8 million represents personal property (equipment and inventory) with $22 million in real property (facilities). Should the Council consider moving forward with an abatement, none of the existing $34.8 million will be eligible for abatement. Economic Development Incentives I. Purpose and Objective • • The City of Wylie is committed to the promotion of quality development in all parts of the city and to an ongoing improvement in the quality of life for it's residents. In so far as these objectives are generally served by the enhancement and expansion of the local economy. The City of Wylie will, on a case by case basis, give consideration to providing incentives as a stimulation for economic development in Wylie. Nothing herein shall imply or suggest that the City of Wylie is under obligation to provide any incentive to any applicant. All applications shall be considered on a case by case basis. II. Criteria for Economic Development Incentives: The following threshold criteria shall be used to determine whether any Economic Development Incentives shall be. granted to new projects: 1.) The proposed project must create at least ten (10) or more jobs by the end of the abatement period. 2.) The proposed project must provide for an invest taxable assets within three (3) years from the commencement of construction. 3.) The project must meet all relevant zoning requirements. 4.) Generally to be eligible, a project must consist of an industrial, commercial, or warehouse use. In addition to the minimum requirements stated above, the following subjective criteria shall be considered prior to granting any economic development incentive. • 5.) is the project consistent with the comprehensive plan with or of the City of - - Wylie? 6.) What types and costs of public improvements and services (sewer main extensions, streets, alleys, etc.) will be required of the City? What types and values of public improvements if any will be made by the applicant? The City of Wylie recognizes the importance of expansion of the existing business as a key. element in the economic development of the City. Therefore,; different criteria for incentive eligibility have been developed for business expansion. In or eligible for abatement, an expanding business must meet the following criteria: 1.) The project must create ten (10) or more jobs by the end abatement period. • • 2.) The project must result in an addition of$500,000 in assessed value within the first year of the abatement. • 3.) The project must also meet the criteria as stated previously in this section. • III. Types of Incentives • • it is the intent of the City of Wylie to evaluate the offering of economic development incentives on a case by case basis. This individualized design of a total incentive package is intended to allow a maximum flexibility in addressing the unique concerns of each applicant while enabling the City to better respond to the changing needs of the community. Below is a chart which reflects the percentage amount to be abated: MAXIMUM TAX ABATEMENT NEWLY CREATED VALUE OVER 5 YEAR PERIOD $3 million + - 400% $2 million - $2,999,999 300% $1 million - $1,999,999 200% EXPANDED VALUE $2.5 million + 400% $1,500,000 - $2,499,999 300% $500,000 - $1,499,999 200% Abatements may be granted for terms from two to five (2 - 5) years but may be extended to the limits as specified by state law. Abatements of greater than five (5) years may be considered, only if it can be clearly demonstrated that it is economically beneficial to the City to do so. Abatement periods in excess of five (5) years must be approved by a three-quarter vote of the full City Council. The above chart reflects the maximum tax incentive to be eligible for over a period not to exceed five (5) years. No applicant may take a percentage greater than 100% in any given year. For example, the qualified applicant may choose to take the 200% abatement over a two (2) year period at 100% each year; or may extend it to 50% each year for four (4) years. The same method would apply to the 300% and 400% abatement. Please keep in mind that the percentages stated on the right are the maximum amounts. y IV. Application Procedures Any person applying for Economic Development Incentives will be required to comply with several application procedures. Once the application has been completed, the application will be forwarded to the joint committee on economic development incentives consisting of elected officials from each of the taxing entities. V. Recapture The City of Wylie will have very specific performance standards that will be measured to ensure that the qualified applicant is adhering to the guidelines, as set forth, and the Economic Development Incentive Policy. In the event that the company or individual fails to keep current on ad-valorem or other taxes, or violates the terms and conditions of the abatement agreement in any fashion; the City of Wylie will have the option along with the other taxing entities, to recoup any tax monies that were abated. VI. Assignment • The abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon approval of the City Council; subject to the financial capacity of the assignee and provided that all conditions and obligations in the • abatement agreement are guaranteed by the execution of a new contractual agreement with the City of Wylie. VII. Sunset Provisions • The guidelines and criteria are affective upon the date of their adoption and will remain in force for two (2) years. At which time all reinvestment zones and tax abatement contracts created pursuant to its provisions, will be reviewed by the City Council of Wylie to determine whether the goals of the abatement program has been achieved. Based upon that review, the guidelines and criteria may be modified, renewed or eliminated. VIII. Note • • In order for Wylie to have a successful Economic Development Incentive Policy,.the City of Wylie must receive cooperation from the other taxing entities, i.e., Wylie ISD, Collin County and Collin County Community College District. Should more than one (1) entity grant tax abatements, it would be my recommendation that a joint committee on tax abatement be established consisting of two (2) elected officials from each of the taxing units to review and consider each applicant. •