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Ordinance 2006-46 ORDINANCE NO. 2006-46 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 2006-08, TO PLANNED DEVELOPMENT 2003-01 TO ALLOW FOR A SPORTS COMPEX; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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 2003-01 to allow for a sports compex, said property being described in Exhibit "A", Exhibit "B" (PD Conditions) and Exhibit "D" (Concept Plan)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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. Ordinance No. 2006-46 Zoning Case 2006-08 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 25th day of July 25, 2006. . , /,(/ ,............ HIt "-Mayor ....' It.~ ... '1">" ~ "'" ~O;ll' ..0. <,/ ~ ~ CJ ,~~~ .. <<' ~ = ~l ~~:-~~ \ -;. = : \~F(1L: :: . v~.~~j&. . ~ ~ ~=-'=~.:_=_]J e..i .:- ~ -,~.. ...~ g ~'//Itrf-~ ';E'~ '.T.~~ ~~....".$' 't I ' \\' 1111" 1111 \ \ \\ Date of publication in The Wvlie News - August 2, 2006 Ordinance No. 2006-46 Zoning Case 2006-08 Exhibit "'A" Legal Description Zone Case #2006-08 BEING a trad of land situated in the W.M Sachse Survey, Abstract No. 835, in the City of Wylie, Collin County, Texas and being all ofa tract ofland described in a deed to B.C. Woods, as recorded in Volume 3282, Page 804 of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point at the southwest corner of said B.C. Woods tract, said point being the southwest comer of a tract ofland described in a deed to Timothy R. Johnson, as recol'ded in Collin County Cleric's File #97-0066824 of the Deed Records of Collin County, Texas, said point also lies in the north line of a tract ofland described in a deed to North Texas Municipal Water District, as recorded in Volume 1300, Page 809 oftbe Deed Records ofConin County, Texas; THENCE along a south line ofsaid B.C. Woods tract and the north line of said North Texas Municipal Water District tract, North 88032'S6" West, a distance ofS74.0S teet to a point !It the southwest comec of said B.C. Woods tract, the northwest comer of North Texas Municipal Water District tract, 8Ilrl in the east line of a tract of land described in a deed to North Texas Munieipal Water District, as recorded in Volume 2281, Page 358 of the Deed Records ofCoUin County, Texas~ THENCE along the west line of said B.C. Woods tract, the east line of said North Texas Municipal Wat~District tract, North 01032'S9" East, adistanceof389.36 feet to a point for comer, THENCE contimring along the west line of said B. C. Woods tract, the east line of said North Texas Municipal Water District tract, and the east line of a tract of land described in a deed to Jona II. Ingram, as recorded in Volume 826, Page 579 ofthe Deed Records of Collin Coumy, Texas. North 00"32'13" East, a distance of 658.81 feet to the northwest corner of said B.C. Woods tract 8Ilrl the southwest comer of Regency Business Park #2, an addition to the City of Wylie, Collin County, Texas, as recorded in Cabinet G, Slide 92 of the Map Records of Collin County, Texas; THENCE along the north line of said B.C. Woods tract, the south line of said Regency Business Part #2, 8Ilrl the south line of a tract of land described in a deed to John P. Pennington. as recorded in Voiwne 2726, Page 986 oftbe Deed Records of Collin County, TelC8S, South 8,),>47'28" East, a distance of2,639.30 feet to the northe8St comer of said B.C. Woods tract, said point also being in the west line ofa tract ofland described in a deed to Birmingham Land Trust, as recorded in Volume 4194, Page 1852 of the Land Records of con in Coull1y, Texas, said point being in Hooper Road; THENCE along Hooper Road, the east line of said RC. Woods tract, md the west line ofsaidBinniDgbaxn Land Trust tract:, South 00"28'20" West, a distance of 798.74 feet to Ordinance No. 2006-46 Zoning Case 2006-08 the southeast comer of said B.C. Woods 1rIIct and the northeast comer of said Timothy R. Johnson tract; THENCE aloogthe south line of said B.C. Woods tract and the north line of said Timothy R. Johnson tract, North 89031'30" West, a distance of2,072.08 fuet to an ell comer of said B.C. Woods tract and the northwest oorrteI' of said Timothy R. Johnson tract; THENCE along the east line of said B.C. Woods tract and the west line of said Timothy R. JoImson tract, South 00"44'38" West, a distance of271.40 feet to the POINT OF BEGINNING and CODtaining 51.5360 acres of land, more or less. Ordinance No. 2006-46 Zoning Case 2006-08 Amendment To PD ORDINANCE 2003-01 Exhibit liB" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (Zoning Case 2006-08) 2.02 Permitted Uses: The existing land uses within TII (Tracts A-3 and A-4) as shown on the attached Exhibit "D" Conceptual Plan are revised to include the following additions: d. Sports Complex including indoor/outdoor sports facilities. e. Allowable uses within a sports complex are as follows: Indoor athletic and swimming facilities. Outdoor athletic facilities including lighted fields. Outdoor swimming facilities. Restaurant/snack bar and free standing concession facilities w/o drive-in service Office use. G:\PROJECTS\ Wylie\ WB _ North\Zoning Ordinance\Amendment To Zoning Ordinance 2003-o1.doc Ordinance No. 2006-46 Zoning Case 2006-08 ....... ....... Q i6 ~ l'~!! ! <::i ~ - QCj ~ ~ ~ z '- ~ r;:- uJ4: II I '- ~ ~ \.:J~ ::... ::... ~ ~ ~ e.; B- DG... I ~ '- ::... ~ ~ '- '- r:: ~ ~ ~ E2 :;i . r:: ~ "'" liQ ::;l ::;l r:: ~ 8 ~i I. liQ ~ ~ t.:i ~ ~ ~ ~ ~ ~ ~ ~ e.; ~ 8 (L ,I,ll W:I tt:l ~ ~ ~ II ~ 8 ~t3 I'i II Z I I t:l 8 I ~ / jDI__ I I ~ ~ 0.. I&l JI ! .. ~ i a fI.l o 0.. o II:: 0.. ~~d~nance No. 2006-46 mng Case 2006-08 "'~ -----; i ! l i I: / / /// ...I' /" -----/7"- / / ~ / ///~ ~ /" . / --: \ j.<> \L 1_-----', /:, . __~_L//../\/ ~__..._~==== .. ._-~::..-;..---r j i r- ..; --------~..........--..._....._~ --, /# /#!{ LOCATION MAP ZONING CASE #2006-08 Ordinance No. 2006-46 Zoning Case 2006-08 * C&S Media, Inc. m:be jfarmerlilJiUe m:imeli. Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN <31 ;)D3;--- Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ordinances Numbers 2006-43, 2006-46 and 2006-47 was published in said newspaper on the folIo . g ate, to-wit: August 2, 2006 Subscribed and sworn before me on this, the q Chad Engbrock, Publisher day of -!J;; ~2006 to certify which witness my hand and seal of office. Not Y Public in and for The State of Texas My commission expires '2- .z./. WIO ~\\\~V~'I',.r. ...._~... .f.#(.'~ #~.. .~'" ~ : : ~ \.p). ..~E ~':t{,f,~~~~"~ TAMMY BURTON Notary Public. State of Texas My Commission Expires February 21. 2010 Murphy/Sachse/Wylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318 Farmersville/Princeton Office. WI S. Main. P.O. Box 512. Farmersville. TX 75442.972-784-6397. fax 972-782-7023 AN ORDINANCE OF TIlE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZONING ON THE A perfonnance bond and a H E It E I N AFT E R payment bond, each in the DESCRIBED PROPER- amount of not less than McGraw Hill TY, ZONING CASE one hundred (100%) per- Construction Dodge NUMBER 2006-08, TO cent of the contract price, 9155 Sterling Street, PLANNED DEVELOP- conditioned upon the Ste. 160 MENT 2003-01 TO faithful perfonnance of Irving. Texas 75063 ALLOW FOR A SPORTS the cnntracts, and upon Phone (972) 819-1400 COMPLEX; PROVID- payment of all persons 'Nritth;tr~~~-'~g~~&ii~~~ri....7'.'~'f"~~~~ffit~~~'- ~~i~~;n~~t~~~:. :ili'~ Reports , OF TIDS ORDINANCE; required. 11325 Pegasus #233W PROVIDING FOR THE Dallas, TX 75238 REPEAL OF ALL ORDI- Phone (214) 342-9200 NANCES IN CONFLICf; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THOROUGHFARE IMPACT FEES TO BE ASSESSED BY THE CITY OF WYLIE. TEXAS; ESTABLISH- ING A COLLECTION DATE; ESTABLISHING PROCEDURES AND Bidders must submit a It E G U L A T ION S cashier's check, certified ll.EGARDING THOR- check, or acceptable bid- OUGHFARE IMPACT NOTICE OF PUBLIC der's bond with their pro- FEES; AUTHOll.IZING HEARING posal as a guariUitee that THE MAYOR TO SIGN the Bidder will enter into THE APPROPRIATE A public hearing will be a contract for the project COMPLIANCE STATE- held by the Planning and with the Owner within ten MENT; PROVIDING Zoning Commission of (10) days nf Notice of FOR REPEALING, SAV- the City of Sachse, Texas Award of the contract. INGS AND SEVER- at 7:00 P.M., Monday, The security must be ABILITY CLAUSES;. August 14, 2006, at City payable to the North AND PROVIDING FOR Hall, 5560 SH 78 to con- Texas Municipal Water AN EFFECfIVE DATE sider th~ application of DiStrict in the llmount of OF THIS ORDINANCE. Charles Smith. requesting five percent (5%) of the a change in zoning from maximum total bid sub- John Mondy, Mayor Residential-5 (R-5) mitted. Contractor must ATTEST: District to Commercial- I execute the contract, (C-!) Neighborhood bonds and certificates nf Carole Ehrlich, Shopping District. insurance on the fortns City Secretary J provided in the Contract \ . 11.".339.8911 The property is described n~~t'i"'-'.""n ...............y ......n'. ...." ...... '''''0.. .., , ,.~ ~o;:.~-l.m'i<...7_10...BI{\('1:..'J(\.",. 1349 Empire Central . Drive Suite 1000 Dallas. Texas 75247-4066 phone (214) 631-6100 Fax (214) 631-6109 E-mail: cmanning@apaienv.com The cost fot Contract Documents is $375 per set fnr full-size docu- ments, $275 per set for half-size documents, or $100 per CD-ROM for PDF documents. The cost of Contract Documents is not refund- able. Submit check, cashier's check or money nrder for payment. Cash wi II not be accepted. Contract Documents are on file and may be exam- ined without charge in the offices of the North Texas Municipal Water District at the address where pro~ pesals are to be received, or at the offices of Alan Plummet Associates, Inco, at the address listed above. Contract Documents are. also on file in the following Plan Rooms: Direct questions regard- ing distribution of Contract Documents and que.tions related to the design of the project to Mr. Charles Manning, P.E. All questions must be submitted in writing, at ieast fnrty-eight (48) hnurs I)efnre the bid opening and may be sub- mitted to Alan Plummer Associates, Inc.. Aun: Charles Manning, P.E. via mail, fax or e-hiall (con- tact information provided above). ORDINANCE NO; 2006-43 AN ORDINANCE OF TIlE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 78 (PARKS AND RECREATION), SECTION 78-72 (DEDI- CATION PROCE- DURES), .PARAGRAPH (aJ OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROV!t>- ING FOR REPEALIN&, SAVINGS AND SEVER- ABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCB. ORDINANCE NO. 2006-46 ORDINANCE NO. 2006-47 I At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Contract Dncuments, including Plans and Specifications, are on file and may be examined or procured in the office of the North Tex.s Municipal Water District, Wylie, Texas, Telephone # (972) 442-5405. A cashier's check. certi- fied check or acceptable bidder's bond, payable to the North Texas Municipal Water District in an amount not less than five (5%) percent of the bid submitted, must accompa- ny each bid as a guarantee . that, if awarded the cnn- tract, the Bidder wiU, within fifteen (IS) days after receipt of Notice of Award, enter into a con- tract and execute bonds on the fonns provided in the Contract Documents. In case of ambiguity or lack of clearness.in stating proposal prices, the North Texas Municipal Water District reserves the right to adopt the most advanta- geous construction there- of, or to reject any or all bids, and waive formali- tieS. No bid may be with- drawn within sixty (60) days after date on which bids are opened. NORTH TEXAS MUNICIPAL WATER DISTRICT By: Ken BeU Presidebt, Board of Directors 11-3t-235-I0711 SION. U.S. Anny Corps of Engineers, 3375 Skyview Drive, Wylie, Texas 75098, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit Nn. 12055-001, which author- izes the discharge of treat- ed domestic wastewater at a daily average flow not to exceed 18,000 gallons per day. TCEQ received thi, appHcation on March 4j 2006. The facility is located in Avalon Park, on the'south side of _ La von Lake, immediately northwest of LavQn Dam, and approxi- mately 2.5 . miles north- west of the intersection of Slate Highway 78 and State Highway 205, in Collin County, Texas. The treated effluent is dis- charged to Lavan Lake in Segment No. 0821 of the Trinity River Basin. The designated uses for Segment No. 0821 are high aquatic life uses, public water supply, and contact recreation. All determinations are prelim- inary and subject to addi- tional review and/or revi- sions. The TCEQ Executive Director has completed the technical review of the appliCalionand prepared a dcaft . pertrllt. The. draft pennit. if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary deci- sion that this pennit, if issued, meets all statutory and regulatory require. ment.. The pennit appli- cation, Executive Director's preliminary decision, and draft permit are available for viewing and copying at U.S. Anny Corps of Engineers, Lavon Lake Project Office, 3375 Skyview Drive, Wylie, Texas. PUBLIC COMMENT/PUBLIC MEETING, .you may submit public cnmments or request a public meet. ing about this applica- tion. The purpose of a public meeting is to pro- vide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting If the Executive Director deter- mines that there is a sig- nificant degree of public interest in the application or if requested by a local legislator. A public meet- ing is not a contested case hearing. OPPORTUNITY FOR A CONTESTED CASE HEARING, After the ,--lpgdlin,"_ for ccuh,.,..,;H;nn