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01-10-2023 (City Council) Agenda Packet Wylie City Council Regular Meeting January 10, 2023 —6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PRl. Shining the Wylie Way Students. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. �. Consider, and act upon, approval of the December 13,2022 Regular City Council Meeting minutes. B. Consider,and act upon,the City of Wylie Monthly Revenue and Expenditure Report for November 30,2022. C. Consider, and place on file,the City of Wylie Monthly Investment Report for November 30, 2022. D. Consider, and act upon, Ordinance No. 2023-01 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. E. Consider, and act upon, a Preliminary Plat for City Center, Lot 1, Block A, establishing one commercial lot on 1.169 acres,located at 791 S. State Highway 78. F. Consider, and act upon, a Final Plat of Woodbridge Crossing Addition, Lot 17R-3, Block A, being an amended plat of Lot 17R,Woodbridge Crossing Addition,establishing one commercial lot on 7.2915 acres, located at 3026 W. FM 544. Ci. Consider, and act upon, Ordinance No. 2023-02 regarding a change in zoning from Commercial Corridor (CC)to Planned Development-Commercial Corridor(PD-CC)to allow for commercial uses on 11.622 acres generally located on the southwest corner of State Highway 78 and Brown Street(ZC 2022-13). H. Consider, and place on file,the Animal Shelter Advisory Board report to City Council. 1. Consider, and act upon, the approval for the demolition of a residential structure in accordance with Ordinance No. 2022-34.Property located at 200 W. Brown St. within the Downtown Historic District. Page 11 7 J. Consider, and act upon, the approval of the purchase of uniform clothing, footwear, and uniform services from Cintas Corporation in the estimated annual amount of $50,000.00 through an annual cooperative purchasing contract with OMNIA Partners Purchasing Cooperative, and authorizing the City Manager to execute any necessary documents. REGULAR AGENDA 1. Tabled from 12-13-2022 Remove from table and consider Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor (CC) to Commercial Corridor-Special Use Permit(PD-SUP)to allow for an auto sales use on 1.27 acres located at 2021 N. State Highway 78 (ZC 2022-15). 2. Hold a Public Hearing, consider, and act upon,Ordinance No. 2023-03 regarding an Amendment to the City of Wylie Zoning Ordinance, Article 5.1 Land Use Charts and Article 5.2 Listed Uses as they relate to Accessory and Temporary Uses of Donation Boxes(ZC 2022-19). 3. Hold a Public Hearing, consider, and act upon, a change in zoning from Downtown Historic District(DTH) to Downtown Historic District- Special Use Permit(DTH-SUP)to allow for a brewery,food truck park,and events center within the Downtown Historic District, property located at 106 N. Birmingham Street (ZC 2022-16). 4. Hold a Public Hearing, consider, and act upon, a change in zoning from Downtown Historic District — Residential only to allow Commercial and/or Residential uses, located at 280 W. Brown Street within the Downtown Historic District(ZC 2022-18). 5. Consider, and act upon, Resolution No. 2023-01(R) establishing a public newspaper of general circulation to be the"Official Newspaper"for the City of Wylie. EXECUTIVE SESSION Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES1. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 544/Cooper, FM 544/Sanden, Jackson/Oak, Regency/Steel, State Hwy 78/Alanis, State Hwy 78/Ballard, and State Hwy 78/Brown. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (I) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2013-9a, 2017-6a, 2021-2d, 2021-5a, 2021-6a, Page 12 2 2021-6c, 2021-8a, 2021-9a, 2021-9b, 2021-9f, 2021-11a, 2022-1b, 2022-4d, 2022-7b, 2022-7c, 2022-8b, 2022-9f, 2022-10d, 2022-11a, and 2022-12a. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on January 6, 2023 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road,Building 100,Wylie,Texas,a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including,but not limited to,the following sanctions and purposes: Texas Government Code Section: § 551.071 —Private consultation with an attorney for the City. § 551.072—Discussing purchase, exchange,lease or value of real property. § 551.074—Discussing personnel or to hear complaints against personnel. § 551.087—Discussing certain economic development matters. § 551.073—Discussing prospective gift or donation to the City. § 551.076—Discussing deployment of security personnel or devices or security audit. Page 13 3 01/10/2023 Item A. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of the December 13, 2022 Regular City Council Meeting minutes. Recommendation Motion to approve the Item as presented. Discussion The minutes are attached for your consideration. 4 01/10/2023 Item A. Wylie City Council Regular Meeting Minutes December 13, 2022—6:00 PM Council Chambers-300 Country Club Road,Building#100,Wylie, Texas 75098 CITY OF CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:05 p.m. The following City Council members were present: Councilman David R. Duke, Mayor pro tern Jeff Forrester, Councilman Scott Williams, Councilman Timothy T. Wallis, and Councilman Garrett Mize. Councilman Dave Strang was absent. City Manager Brent Parker; Deputy City Manager Renae 011ie; Assistant Police Chief Tommy Walters; Finance Director Melissa Beard; Battalion Chief Casey Nash; Public Infotnlation Officer Craig Kelly; Public Works Director Tommy Weir; City Engineer Tim Porter; City Secretary Stephanie Storm; Parks and Recreation Director Carmen Powlen; Community Services Director Jasen Haskins; Wylie Economic Development Executive Director Jason Greiner; and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Mayor pro tern Forrester led the invocation and Councilman Williams led the Pledge of Allegiance. PRESENTATIONS &RECOGNITIONS PRl. In-Sync Exotics. Mayor Porter presented In-Sync Exotics with a proclamation for recently being recognized in eight categories in the Dallas Morning News 2022 Best of DFW People's Choice Awards. Members of In-Sync Exotics were present to accept the proclamation. PR2. Shining the Wylie Way Students. Mayor Porter, WISD School Board President Stacie Smith, and WISD Superintendent David Vinson presented medallions to students demonstrating "Shining the Wylie Way." Every nine weeks one student from each WISD campus is chosen as the"Wylie Way Student." PR3. WEHS Robotics Team. Mayor Porter announced this item will be moved to a future agenda. PR4.Eagle Scout Award for Ethan Jonason. Mayor Porter presented a proclamation recognizing Ethan Jonason's achievement of the Eagle Scout Award. Ethan Jonason was present to accept the proclamation and gave a brief description of his Eagle Scout project of performing work and restoring a small cemetery from the 1800s in Bozman Farms. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present wishing to address Council on non-agenda items. Page I1 5 01/10/2023 Item A. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the November 8,2022 Regular City Council Meeting minutes. B. Consider, and act upon, Ordinance No. 2022-69 amending Ordinance No. 2022-56,which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. C. Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2022. D. Consider, and place on file,the City of Wylie Monthly Investment Report for October 31,2022. E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31,2022. F. Consider, and act upon, a Final Plat for Manors at Woodbridge, establishing 90 residential and six open space lots on 12.418 acres, property generally located on Woodbridge Parkway approximately 900' south of Hensley Lane. G. Consider, and act upon, a Final Plat of Senior Medical Addition, establishing two commercial lots on 21.3224 acres, generally located at 100 Medical Plaza. H. Consider, and act upon, Ordinance No. 2022-70, amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 2 (Administration), Article III (Officers), Division 2 (Code of Conduct), Section 2-58 (Board of Review) to amend the term limits, add a holdover provision, and exclude the service of board members spouses or domestic partners; providing for a penalty for the violation of this Ordinance; providing for repealing, savings, and severability clauses; and providing for an effective date of this Ordinance. I. Consider,and act upon,Resolution No.2022-32(R)amending Resolution No.2022-15(R)amending the Rules of Procedures for the Board of Review to amend the term limits, add a holdover provision, and exclude the service of board members spouses or domestic partners; and providing for an effective date. J. Consider, and place on file,the Animal Shelter Advisory Board report to the City Council. K. Consider, and act upon, approving the amended Animal Shelter Advisory Board Bylaws and Rules of Procedure. L. Consider, and act upon, Resolution No. 2022-33(R) authorizing the purchase of ammunition from Mutiny Machine LLC in the estimated amount of $58,300.00 and authorizing the City Manager to execute any necessary documents. M. Consider, and act upon,the award of bid#W2022-113-B Newport Harbor Water Tank Rehabilitation to DN Tanks, LLC in the estimated amount of $139,980.00, and authorizing the City Manager to execute any necessary documents. N. Consider,and act upon,the purchase of a Bondflex®Pour In Place Surfacing for Olde City Park from WeBuildFun Inc. in the amount of $159,600.00; and authorizing the City Manager to execute any necessary documents. Page I 6 01/10/2023 Item A. O. Consider, and act upon, the approval of the purchase of Playground Equipment from The PlayWeli Group Inc. in the amount of$59,525.97 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#679-22), and authorizing the City Manager to execute any necessary documents. P. Consider, and act upon, the approval of the purchase of Fitness Equipment from Team Marathon Fitness in the amount of $50,616.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#665-22), and authorizing the City Manager to execute any necessary documents. Q. Consider, and act upon, Ordinance No. 2022-71 amending Wylie's Code of Ordinances, Ordinance No. 2021-17,as amended,Chapter 54(Health and Sanitation),Article IV(Weeds,Rubbish,Insanitary Matter); providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams, to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Strang absent. REGULAR AGENDA 1. Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (PD-SUP) to allow for an auto sales use on 1.27 acres located at 2021 N State Highway 78 (ZC 2022-15). Staff Comments Community Services Director Haskins addressed Council stating the applicant is requesting to rezone to Commercial Corridor-Special Use Peiuiit(CC-SUP)to allow for vehicle sales and display.The current development on the subject property contains a minor automobile repair use. The property owner is requesting the allowance of office space within the existing building and 10 existing parking spaces on the existing lot to be used for vehicle sales as shown in the zoning exhibit. The SUP conditions state that vehicle sales shall only be permitted as an accessory use to the minor automobile repair business.Additionally,SUP conditions limit vehicle sales to passenger vehicles. Haskins reported notices were sent to 11 property owners within 200 feet as required by state law and at the time of posting no responses were received in favor or opposition of the request. The Commission voted 6-1 to recommend approval with the dissenting commissioner stating that he did not think the use was appropriate in that area. Council Comments Councilman Williams asked if the ten parking spaces were removed, do they have enough remaining to meet the requirements,and are there any additional auto sales near this location.Haskins replied they do have enough parking spaces to meet the requirement with those removed, and he is not aware of any auto sales except for one further down Highway 78 within the County.Mayor pro tern Forrester asked if this was an allowed use as it stands.Haskins replied it would require a SUP. Forrester asked how having an auto dealership between two businesses would benefit the City. Mayor Porter stated that local sales tax may be exempt from auto sales and asked the way it is currently written if it would grant this type of usage anywhere else on the property. Haskins replied that it only applies to 1.27 acres. Councilman Duke asked if there is any new planned advertisement or signage in this area. Haskins replied if there are, it will have to stay within the regulations. Williams asked what falls under an automobile repair minor use. Haskins replied that the definition is located within the Zoning Ordinance and is any kind of automotive repair that excludes any engine tear down or transmission rebuilding, such as a paint booth, engine replacement, oil changes, etc. Williams replied that he has hesitation and is not comfortable with a car dealership in that location as that was not the initial intent of that property. Councilman. Wallis asked if sales tax would apply if it was customizations to vehicles such as lift kits. Porter replied that according to the State Comptroller, parts would be subject to sales tax but not a car sold under a dealer. Councilman Mize stated he Page 13 7 01/10/2023 Item A. understands Councilman Williams' concern with future development, but he is generally comfortable with this proposal since it is a relatively small amount of space located at the back of the property. Public Hearing Mayor Porter opened the public hearing on Item 1 at 6:58 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Porter closed the public hearing at 6:59 p.m. Council Action A motion was made by Councilman Duke, seconded by Councilman Mize, to approve Item 1 as presented. A vote was taken and the motion failed 3-3 with Mayor pro tern Forrester, Councilman Williams, and Councilman Wallis voting against and Councilman Strang absent. Council Comments Wallis expressed concerns with this type of use at this location. Forrester asked if they finance onsite would they fall under an alternative financial institution and require an additional SUP for the finance center. Mayor Porter recessed the Council into a break at 7:03 p.m. Mayor Porter reconvened the Council at 7:11 p.m. Haskins replied after doing research,this could fall under an alternative financial institution if they are doing finance onsite, and therefore additional information would need to be gathered and brought back before Council. Forrester confirmed this would only apply to an alternative financial institution and not a bank. Haskins confirmed that this is correct. Forrester replied he would be open to tabling the item to allow Councilman Strang to have input. Mize asked if the applicant was to change the application to include an alternative financial institution, Council could limit the activities just to car sales.Haskins confirmed that was correct.Porter asked what the distance requirement is between alternative financial institutions. 011ie replied it is 1,000 feet. Williams asked how the applicant plans on designating the showroom area, and how the SUP defines the specific lots where the show vehicles are allowed. Haskins showed the designated parking spots where it would be allowed and if it expands outside of those parking spaces could be shut down or ticketed. Council Action A motion was made by Councilman Williams, seconded by Councilman Mize, to table Item 1. A vote was taken and the motion passed 4-2 with Mayor Porter and Councilman Duke voting against and Councilman Strang absent. 2. Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor (CC) to Planned Development-Commercial Corridor(PD-CC)to allow for commercial uses on 11.622 acres generally located on the southwest corner of State Highway 78 and Brown Street. Staff Comments Community Services Director Haskins addressed Council stating the applicant is requesting to rezone 11.622 acres located east of the Downtown Historic District on the southwest corner of State Highway 78 and Brown Street. The applicant is requesting a Planned Development (PD) to allow for a commercial environment that integrates and connects with Wylie's historic downtown.The proposal includes a master plan of six commercial lots which include an interconnect of both vehicular and pedestrian pathways. The zoning exhibit calls out for the potential of 24,000 square feet of office space, over 10,000 square feet of retail space, in excess of 5,500 square feet of sit-down restaurant space, two drive-thru restaurants of about 3,000 square feet each, and a convenience store with fueling services of 4,650 square feet.The PD establishes uses that are allowed by right within the subject property including a convenience store, motor vehicle fueling station, restaurant with drive-in or drive-thru services, and food truck park. The following uses are expressly prohibited on the subject property including sexually oriented business, equipment rental,automobile rental,car wash,and vehicle display sales,or service.In regard to alcohol/liquor uses, Page 14 8 01/10/2023 Item A. part of the PD exempts this development from the distance requirements for churches, public hospitals, public schools, and private schools. The following are modifications to the Commercial Corridor district design standards that the PD is requesting: the overall site shall be allowed to be used to determine the 20 percent landscaping area calculation, the existing tree plantings in the public right-of-way shall be allowed to count towards the landscape buffer requirement, and Lot 6 shall provide an architectural design standard that integrates with the Downtown Historic standards. Haskins reported notices were sent to 54 property owners within 200 feet as required by state law and at the time of posting two responses were received in favor and none in opposition of the request. After some discussion regarding the alcohol sales provision, the Commission voted 6-0 to recommend approval as presented. Council Comments Mayor pro tern Forrester added he would like to see a more historic look to the buildings and create walkability downtown, and expressed concerns with approving a by-right for drive-throughs across the front of the property. EDC Executive Director Greiner,the applicant,replied that he understands the concern with wanting to control the approval processes; drive-throughs were proposed by right as a component of time. John McClure, representing McClure Partners, added whatever the will of the Council is they will go with it, and in regard to the historic look, it might be challenging for the national pad site users to meet this look but agree they would like to keep the integrity of the downtown historic district. Councilman Mize stated he agreed with maintaining the integrity of downtown and would like to know the options for enforceability to maintain a historic look, and added to not include drive- throughs by right. Mayor Porter added it would be difficult to build to downtown specifications, and asked if there is a way to add wording to be compatible with downtown. Haskins replied this area is not technically considered downtown and is not included in the area designated to be historically significant;therefore,the City cannot restrict its building materials but can architecturally. McClure asked if they could specify in the PD the lots that will be architecturally compatible.Forrester stated that would be acceptable as long as the City is completing the objective and are not burdening a developer. Deputy City Manager 011ie suggested Lot 6 in the PD could be removed and it could say all structures are compatible and add the site plan/elevations to come back to Council for approval. Forrester replied that would satisfy his concerns. Porter asked Mr. Greiner and Mr. McClure if making that change would be workable. Greiner expressed some concerns and McClure added it would be challenging for the corner user to comply. Forrester suggested the historic look could apply to the entire project except for the corner lot, Lot 1 which is currently under contract. Mize stated he had a concern that if the standards are lowered for the corner lot,it will allow leverage for any new entities to request to look more like the fueling station instead of the historic downtown. Forrester added with a developer that is further in the process to maintain their look, a color palette to complement downtown would be entertainable. Porter stated he is open to having Lots 2-6, or even Lots 5 and 6, compatible with the downtown historic look but does not want to exclude development with all the work that has been done on this project and agrees with the SUP for drive-throughs coming before Council.Councilman Williams stated he would like to leave Lot 1 as is and encourage them to try to fit a color palette, agree with the SUPs for drive-throughs coming back for Council review,and apply the historic downtown compatibility to the remainder of the lots.Councilman Wallis asked why not make the gas station different from everywhere else,and added he would like to see the historical aspect throughout the entire property.Greiner asked if the elevations and site plan can come before Council during the SUP process. Haskins confirmed that a condition can be added to the SUP that says the Zoning Exhibit shall act as the Site Plan and include the elevations and landscaping. Public Hearing Mayor Porter opened the public hearing on Item 2 at 7:52 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Porter closed the public hearing at 7:53 p.m. Council Action A motion was made by Mayor Porter, seconded by Councilman Williams, to approve Item 2 with the following amendments: remove by-right for restaurants with drive-in or drive-thru service (Section 3-1-c), change Lot 6 to Page 15 9 01/10/2023 Item A. Lots 2-6 (Section 3-6), and require the elevation/site plans to come back before Council. A vote was taken and the motion passed 4-2 with Councilmen Wallis and Mize voting against and Councilman Strang absent. WORK SESSION Mayor Porter convened the Council into a Work Session at 7:55 p.m. WS1. Discuss Voluntary Flag Retirement Program. Deputy City Manager 011ie addressed Council giving an update on the voluntary flag retirement program. 011ie stated staff will collect flags at six locations, one at each of the four Fire Stations, one at City Hall, and one at the Public Safety Building, and turn them over to local organizations to dispose of them properly. The consensus of the Council was this was a great idea and suggested we may be able to partner with WISD to have boxes built. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 7:59 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive session at 7:59 p.m. Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES1. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 544/Cooper,FM 544/Sanden,Jackson/Oak,Regency/Steel,State Hwy 78/Alanis,State Hwy 78/Ballard, and State Hwy 78/Brown. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2013-9a,2017-6a,2021-2d,2021- 5a, 2021-6a, 2021-6c, 2021-8a, 2021-9a, 2021-9b, 2021-9f, 2021-11a, 2022-1b, 2022-4d, 2022-7b, 2022- 7c,2022-8b,2022-9f,2022-10d, and 2022-11a. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 9:29 p.m. Page 16 10 01/10/2023 Item A. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Storm read the captions to Ordinance Nos. 2022-69,2022-70, and 2022-71 into the official record. ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilman Mize, to adjourn the meeting at 9:31 p.m. A vote was taken and the motion passed 6-0 with Councilman Strang absent. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Page 17 11 01/10/2023 Item B. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2022. Recommendation Motion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 12 01/10/2023 Item B. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2022-2023 2022-2023 2022-2023 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 37,234,844 1,575,519 1,773,028 4.76% A FRANCHISE FEES 2,802,400 0 0 0.00% B LICENSES AND PERMITS 1,442,750 84,788 130,497 9.05% C INTERGOVERNMENTAL REV. 2,429,011 275,671 278,324 11.46% D SERVICE FEES 4,338,970 340,645 347,020 8.00% E COURT FEES 339,000 18,296 38,220 11.27% F INTEREST INCOME 60,000 71,381 135,896 226.49% G MISCELLANEOUS INCOME 215,417 701 9,913 4.60% OTHER FINANCING SOURCES 2,563,305 21,226 2,584,531 100.83% H REVENUES 51,425,697 2,388,227 5,297,429 10.30% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY-FORWARD FUNDS 1,711,613 NA NA NA I TOTAL REVENUES 53,137,310 2,388,227 5,297,429 9.97% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 95,165 2,773 9,734 10.23% CITY MANAGER 1,281,121 98,028 162,107 12.65% CITY SECRETARY 389,057 18,663 33,555 8.62% CITY ATTORNEY 170,000 24,321 24,321 14.31% FINANCE 1,343,989 83,336 125,424 9.33% FACILITIES 1,045,597 38,771 88,404 8.45% MUNICIPAL COURT 576,256 36,069 58,007 10.07% HUMAN RESOURCES 809,979 70,673 101,191 12.49% PURCHASING 326,557 17,898 30,772 9.42% INFORMATION TECHNOLOGY 2,290,897 191,910 584,264 25.50% J POLICE 13,346,103 1,042,134 1,715,654 12.86% FIRE 12,789,161 917,451 1,602,500 12.53% EMERGENCY COMMUNICATIONS 2,395,459 136,784 218,501 9.12% ANIMAL CONTROL 723,449 49,756 86,649 11.98% PLANNING 368,297 32,318 48,674 13.22% BUILDING INSPECTION 593,933 29,384 46,760 7.87% CODE ENFORCEMENT 276,855 14,939 24,043 8.68% STREETS 5,215,113 200,463 310,684 5.96% PARKS 2,777,610 195,867 250,283 9.01% LIBRARY 2,295,582 206,096 310,224 13.51% COMBINED SERVICES 4,592,007 73,358 237,011 5.16% TOTAL EXPENDITURES 53,702,187 3,480,992 6,068,762 11.30% REVENUES OVER/(UNDER)EXPENDITURES -564,877 -1,092,765 -771,333 -1.33% A.Property Tax Collections for FY22-23 as of November 30,2022 are 6.11%,in comparison to FY21-22 for the same time period of 7.78%. Sales tax is on a 2 month lag and has not been received yet. B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Licenses and Permits: New Dwelling Permits are down 85%from November 2022,due to rising interest rates. D.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. E.Service Fees:Trash fees are on a one month lag and only one month has been received.The remaining fees are from other seasonal fees. F.Court Fees are down 28%from November YTD.Code Fines are down 68%from November 2022. G.Interest Rates have gone from 1%when the budget was prepared to almost 3.58%in November 2022.Interest was budgeted conservatively. H.Yearly transfer from Utility Fund. I.Largest Carry Forward items:$150,000 for Department Software Solution,$217,000 for advance vehicle replacements,$338,840 for ambulance,$390,000 for Stone Road Rehab. J.Annual maintenance agreements 1 01/10/2023 Item B. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2022-2023 2022-2023 2022-2023 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 25,933,619 2,590,362 2,641,092 10.18% K INTEREST INCOME 24,000 47,387 88,425 368.44% L MISCELLANEOUS INCOME 70,000 1,665 3,205 4.58% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 26,027,619 2,639,414 2,732,722 10.50% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 2,276,241 NA NA NA M TOTAL REVENUES 28,303,860 NA 2,732,722 9.65% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 616,872 40,698 58,204 9.44% UTILITIES-WATER 4,449,498 137,679 467,897 10.52% CITY ENGINEER 1,101,015 61,014 98,004 8.90% UTILITIES-SEWER 1,330,568 65,326 96,713 7.27% UTILITY BILLING 1,241,167 141,856 213,504 17.20% N COMBINED SERVICES 18,415,992 1,809,951 4,501,379 24.44% 0 TOTAL EXPENDITURES 27,155,112 2,256,524 5,435,702 20.02% REVENUES OVER/(UNDER)EXPENDITURES 1,148,748 382,891 -2,702,980 -10.36% K.Most Utility Fund Revenue is on a one month lag and only one month has been received. L.Interest Rates have gone from 1%when the budget was prepared to almost 3.58%in November 2022.Interest was budgeted conservatively. M.Largest Carry Forward items: Department Software Solutions$135,730,Pump Station Backup Generators$1.6M,Newport Harbor Tank Repairs$130,000 and TXDOT payment$260,172. N.Annual maintenance agreements for Watersmart and Neptune systems. O.Annual transfer to the General Fund of$2.56 million. Other expenses are payments to NTMWD for water minimum and sewer treatment. 14 01/10/2023 Item C. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and place on file,the City of Wylie Monthly Investment Report for November 30,2022. Recommendation Motion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 15 01/10/2023 Item C. 2022-2023 Investment Report November 30, 2022 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,594,224.00 MMA 3.6110% Texpool 12/31/2006 NA 2 $16,137,951.00 MMA 3.5588% TexStar 3/15/2011 NA $31 732 175.00 Total Weighted Average Coupon: 3.5845% Money Markets: $31,732,175.00 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,732,175.00 Weighted Average Coupon 4 0000% 3 0000% 2 0000% 1 0000% 0 0000% Nov 2021 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Apr 2022 May 2022 June 2022 July 2022 Aug 2022 Sep 2022 Oct 2022 Nov 2022 kitf)V -2.3 Fin nce Director/Investment Officer 16 01/10/2023 Item D. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2023-01 amending Ordinance No. 2022-56, which established the budget for fiscal ear 2022-2023;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. Recommendation I otion to approve the Item as presented. Discussion An average two percent merit salary increase was approved by Council as part of the FY 2022-23 budget. The department detail is attached in Exhibit A,reallocating the budget dollars from Special Services to the various departments in Funds 100, 112, and 611. Budget Merit Based Variance B/(W) General Fund $ 189,000 $ 188,548 $ 452 4B Fund $ 31,376 $ 29,383 $ 1,993 Utility Fund $ 46,525 $ 35,243 $ 11,282 The General Fund merit adjustments were under budget by $452. These extra dollars will remain in the Special Services account budget. The 4B merit adjustments were also under budget by$1,993. These extra dollars will remain in the Special Services account budget. The Utility Fund merit adjustments were under budget by $11,282. These extra dollars will remain in the Special Services account budget. The Utility Fund had several open positions and new hires that were not eligible for merit increases. The overall effect of this amendment is budget neutral for all funds. 17 01/10/2023 Item D. ORDINANCE NO. 2023-01 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 2022-56, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2022- 2023; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council heretofore adopted Ordinance No. 2022-56 setting forth the Budget for Fiscal Year 2022-2023 beginning October 1,2022,and ending September 30, 2023; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2022-2023 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2022-2023 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2023-01, are completely adopted and approved as amendments to the said FY 2022-2023 Budget. SECTION II: All portions of the existing FY 2022-2023 Budget and Ordinance No. 2022-56, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid,illegal, or unconstitutional. SECTION IV: 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 V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the 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, Ordinance No. 2023-01 Budget Amendment for Merit Increases Page 1 of 2 18 01/10/2023 Item D. nor as affecting any rights of the municipality under any section or provision 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 10th day of January,2023. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2023-01 Budget Amendment for Merit Increases Page 2 of 2 19 01/10/2023 Item D. Budget Amendment Exhibit A Redistribution of Funds Set Aside for 2%Average Merit Increase Fund Department Account Number Account Description Debit Credit 100 5112 51110 Salaries 16,872.91 51112 Salaries-Part Time 391.15 51310 TMRS 2,615.30 51440 FICA 1,070.37 51450 Medicare 250.33 21,200.06 100 5113 51110 Salaries 2,290.00 51310 TMRS 354.95 51440 FICA 141.98 51450 Medicare 33.20 2,820.13 100 5131 51110 Salaries 12,960.09 51310 TMRS 2,008.81 51440 FICA 803.53 51450 Medicare 187.92 15,960.35 100 5132 51110 Salaries 4,871.54 51310 TMRS 755.09 51440 FICA 302.04 51450 Medicare 70.64 5,999.31 100 5152 51110 Salaries 3,347.27 51310 TMRS 518.83 51440 FICA 207.53 51450 Medicare 48.54 4,122.17 100 5153 51110 Salaries 6,341.33 51310 TMRS 982.91 51440 FICA 393.16 51450 Medicare 91.95 7,809.35 100 5154 51110 Salaries 3,227.22 51310 TMRS 500.22 51440 FICA 200.09 51450 Medicare 46.79 3,974.32 100 5155 51110 Salaries 7,845.30 51310 TMRS 1,216.02 51440 FICA 486.41 51450 Medicare 113.76 9,661.49 20 01/10/2023 Item D. Budget Amendment Exhibit A Redistribution of Funds Set Aside for 2%Average Merit Increase Fund Department Account Number Account Description Debit Credit 100 5211 51110 Salaries 17,120.86 51112 Salaries-Part Time 3,609.61 51310 TMRS 2,653.73 51440 FICA 1,285.29 51450 Medicare 300.59 24,970.08 100 5231 51110 Salaries 12,679.76 51310 TMRS 1,965.36 51440 FICA 786.14 51450 Medicare 183.86 15,615.12 100 5241 51110 Salaries 1,985.26 51310 TMRS 307.71 51440 FICA 123.09 51450 Medicare 28.79 2,444.85 100 5251 51110 Salaries 4,768.96 51112 Salaries-Part Time 126.98 51310 TMRS 739.19 51440 FICA 303.55 51450 Medicare 70.99 6,009.67 100 5311 51110 Salaries 4,466.05 51310 TMRS 692.24 51440 FICA 276.90 51450 Medicare 64.76 5,499.95 100 5312 51110 Salaries 4,689.30 51310 TMRS 726.84 51440 FICA 290.74 51450 Medicare 67.99 5,774.87 100 5313 51110 Salaries 1,744.70 51310 TMRS 270.43 51440 FICA 108.17 51450 Medicare 25.30 2,148.60 100 5411 51110 Salaries 12,574.26 51310 TMRS 1,949.01 51440 FICA 779.60 51450 Medicare 182.33 15,485.20 100 5511 51110 Salaries 12,160.15 51310 TMRS 1,884.82 51440 FICA 753.93 21 01/10/2023 Item D. Budget Amendment Exhibit A Redistribution of Funds Set Aside for 2%Average Merit Increase Fund Department Account Number Account Description Debit Credit 51450 Medicare 176.32 14,975.22 100 5551 51110 Salaries 15,746.35 51112 Salaries-Part Time 3,804.92 51310 TMRS 3,030.45 51440 FICA 1,212.18 51450 Medicare 283.49 24,077.39 100 5181 56040 Special Services 188,548.13 112 5612 51110 Salaries 846.46 51112 Salaries-Part Time 237.86 51310 TMRS 168.07 51440 FICA 67.23 51450 Medicare 15.72 1,335.34 112 5613 51110 Salaries 3,316.35 51112 Salaries-Part Time 2,995.80 51310 TMRS 644.09 51440 FICA 391.35 51450 Medicare 91.53 7,439.12 112 5614 51110 Salaries 3,817.94 51310 TMRS 591.78 51440 FICA 236.71 51450 Medicare 55.36 4,701.79 112 5625 51110 Salaries 6,325.97 51112 Salaries-Part Time 7,257.05 51310 TMRS 1,284.40 51440 FICA 842.15 51450 Medicare 196.95 15,906.52 112 5000 56040 Special Services 29,382.77 22 01/10/2023 Item D. Budget Amendment Exhibit A Redistribution of Funds Set Aside for 2%Average Merit Increase Fund Department Account Number Account Description Debit Credit 611 5711 51110 Salaries 1,785.18 51310 TMRS 276.70 51440 FICA 110.68 51450 Medicare 25.89 2,198.45 611 5712 51110 Salaries 7,691.32 51310 TMRS 1,192.15 51440 FICA 476.86 51450 Medicare 111.52 9,471.85 611 5713 51110 Salaries 8,660.58 51310 TMRS 1,342.39 51440 FICA 536.96 51450 Medicare 125.58 10,665.51 611 5714 51110 Salaries 2,565.26 51310 TMRS 397.62 51440 FICA 159.05 51450 Medicare 37.20 3,159.13 611 5715 51110 Salaries 7,915.26 51310 TMRS 1,226.87 51440 FICA 490.75 51450 Medicare 114.77 9,747.65 611 5719 56040 Special Services 35,242.59 BUDGET Merit Increase Variance B/(W) TOTAL GENERAL FUND 189,000 188,548 452 TOTAL 4B FUND 31,376 29,383 1,993 TOTAL UTILITY FUND 46,525 35,243 11,282 23 01/10/2023 Item E. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Preliminary Plat for City Center, Lot 1, Block A, establishing one commercial lot on 1.169 acres, located at 791 S. State Highway 78. Recommendation Motion to approve the Item as presented. Discussion OWNER: JDI Investors LP APPLICANT: Roome Surveying The applicant is proposing to create Lot 1, Block A of City Center Addition on 1.169 acres for the purpose of improving an existing one-story structure that according to Collin CAD was built in 1985, and located at 791 S. State Highway 78. The applicant is proposing to renovate the existing structure for office and retail shell space. The property is zoned within the Community Retail zoning district and those uses are allowed by-right. The plat dedicates a 21.5-foot fire lane and a 24-foot fire lane and access utility easement with access to two existing drives that have entrances from State Highway 78. Those existing widths have been approved by Fire and Engineering with the condition that the asphalt of the existing driveways be improved to a concrete surface that meets City specifications. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Recommendation The Commission voted 4-0 to recommend approval. 24 01/10/2023 Item E. QWNER S N,Q1cnleQN A eNOwfD ENf coJNnOFECOL. E E 6 E Legend \ S M 4E OF tuns § @ OUMY OF WWN § WH`REPS A) P -D Survey, �- rE e / - ma NOW THEREFOREt Texas recone under Counn Clerk No 20211221002564690 of the Collin Canty Land Records,nth prents re paf described as follows /lv e 9 GGM /i n des.gnateo the,ein above describe°property as Lot 1,Block A City Center,ay addition to the Ctty of WO. n�aTexasnan does neren oenate,te fee simple,to the public use forene the streets,nal.-of-,nly and BEGINNING,o( e / d y Mondale Moth nnt-of-Way),rnantrq a norneost toner of Lot 1,Block A of the Barn, 0 80 20' Lot 1 7 other nblic Improvements..n thereon The sirens and_' purposes useareasareuseC C- 2022, 2 of the Coen Courey Mop Rocords, the northn,corner of sotd 1 168 ocre tract and the Fenn described premise, , ,ndicond on this pla,No buildings fences,tress shrubs or other nprovernenis,nowns shall be construotea,ploced upon,over or neon the easements os shown,except thot nano,nprovorner, 111E,CE win the south right-of way line of Sion en nay 78 and tee north line of lie In°ninon, Sraw Ao ' / / n d a. Tor mune use and om Cnonn of all puble Olen` s son a by public Wens g rea;Lot 1 al sod coin sad .t a ac. oct one son �a d dens, 6 50906 L 9200 feel to an X'found marking a nnnwest p suboromote THENCE with c west ne of Lot'of d Addnoe cot the east line of sc,1 168 iron mor ing ertor Yonne zooF Tc CC.. 11 / / / Ct t t t t LSouth ° any bu Itzeg,fences trees shrubs or other mprovements or growths wn.r,.,,endanger or comer of 1 ot 1 of said Addition,the soutnost corner of sold 1 8 acre eact and snd City of Wyn an publ,unn entins shall at all time,nave the fcl eget of ingress and egress to or from their respen,easements fn.the purpose of construt eum, A ' / ogg ea t to plan. 9aeces.rules, corner of Lot 1 of sod Addition,to southwest a sae t acretractan said re reading meters a.adding to or removing all or porn of their respenve systems wehout the necessity at S- 5703 0 8 5/6' requntion ond resolutions of the 9J, 5e S 0,GCtH- / WITNESS,°Y this the— Cityy e iexcv..2022. 8 wee on ont tne no Addnon and the wen no or sod 1 8 acre / tract North of ontl HENCE West 25 t to the placebeginning G c g 169 acres .s rxv Jams to Manager 56 s4 W .> asp a'1,4°/� r of Ge Alt mar uxNOW_EOCEMENf �ll w t, co.,'STATE o TEXAS §Tv C� d�°o t \ poreNotary ���s�s �� 9 E ons t e Wa, one awe FANS AND seAE o `ns the a e ,°t0�therein��eared James Lin known to me to be the person,,,sc eame is subscfned to the „rem ��� try 9 tU VE 0RS E. `' aP0 raft \ .O.R o E5&craw. GIVEN UNDERA OFFICE,t i ' OL� L 0 B ESE ES S i rya v'�z '1011 BLOCK ( 'e®. or THAT 1 F E Bemendetfer,Jr do eereby certify teat 1 preporea clms plat from an need and _ et were {�60 fin' ' Ft / / ,j \ „ Tnn tot or ferreplacedo s Ve eson accordance nth the Subdivision o dtnance of the Cey of Wylie 43Ce °VA o e so W�// N �� ./ 1,<s F R Purposes o ry PRELI ARY ,k:� CORDED FOR e, RegisteredyN0 40S1 Fenn ANY PURPOSEAND UPON AS A FINAL t ,, l one:,n L C a g ] 9 Comm se on Dote 'snaSURVEY AMEN ‘.,es (g\ Fly City of M fens 'ent \ 9zW AcxNOwtEOGFtAENi �rowmrg xw cwv'e _ au ' \'Y / / K \ nPl'ROVE➢ OR CONSireUCtON COUNTY OF § 2 ow sca ' _e $ Y \ ,net r BEFORE Stole o s� this day personally appeared e E Bemenderfer Jr La.Surveyor known o me to be the 2'" , a',../„,,,a/ ". r,City r Wylie re.:o, Date to _ expressedations therein hose name is sUncelsed to the f efe.anng instrument and that /' g Z.C.uR V ernes., WACCEr�U GIVEN UNDERt ANO AND SC OFFICE,this t y ao o! W. r x \ / D5* Mayor,Cityd alas T Date 6\ \ '' Noe Sttary nte Pb onexos t¢ ln P"e The undersnned the nty Secrenty of the City of Wne,Texas hereby certifies that the foregoing prelemnary plat of_ot 1,Block A City Centee subdiesion or ada tion to the City a ,. of wN e C Council µ d I Y y sewer nes as shown a. tn ond upon so,plot and said her outhoned e to note the forte acceptance thereofv sign, s name as hereinfabove nsubscribedm nd this v L\ \ W aU.,202� ty.:r1r ry Gty of Wyla,te.oa NOiE'.M tie NOIICf'.5e11,ng a portion of trn addition by metes owl bonds is a wontion of rity _IL_ Preliminary Plat dasd LotCity CBenter EN,r d X."" Ile:2V LneTbl y n er _ PLA FOR REVIEW PURPOSES ON B _ E n m �� L4 S444E 3LS 9 110 10 23ct58 Community Ro Zoned Community Retail District c ere _C Davidson SLrrry,Abstract AO.26T �, o m f C to re r H City o tfi/lie,Surrey, Count);Texas t e §P /` F �� (� C 92936EEJJJ�0 SITF e� lies nen o Special flood Hoeard Area inundatea by 100-yen flood oer C2 20 00' 5 38' 1 Collin County 6065020,E F 3 OUO 6.52Rale ' 6.5' N :�t0[rflIIl)('17Q7� 'Voo°V,+t 2009( )()B S P" C 0.0 8' S'1 E30W E369) 9/u/Gnnaa/awzzoz seo r C L 202, U83() e 20222 sde woow w l 20.00 '1 299 2226 N�53.23 E 99 9 Revised t_ O W easements record Sury yor obivac(o-eye records for 2c. Roome o,,sni=- 9 20.0 - 361 33 �lCINITY MAP # 0 8 6W , Land Surveying ,ti o.oa �m�:ae4a®w°cam N.T.S. F.o6' szn o639W °®a°ter %,4 u.,00fs,ao ofn3-4372/ean5e7,123,23 25 01/10/2023 Item F. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Final Plat of Woodbridge Crossing Addition, Lot 17R-3, Block A, being an amended plat of Lot 17R,Woodbridge Crossing Addition, establishing one commercial lot on 7.2915 acres, located at 3026 W. FM 544. Recommendation I otion to approve the Item as presented. Discussion OWNER: Wylie Lackland LLC APPLICANT: Centerpoint Integrated Solutions The applicant has submitted an amended plat for Lot 17R-3, Block A of Woodbridge Crossing Addition. The property is generally located at 3026 W. FM 544. The 7.2915-acre lot is part of the Woodbridge Crossing Planned Development. The purpose of the Amended Plat is to dedicate utility and visibility easements for the development of Floor & Decor home improvement center. The site plan for Lot 17R-3, Block A of Woodbridge Crossing was approved by the Planning&Zoning Commission(P&Z) in December 2022. The subject property contains existing fire lanes and access drives which connect to Springwell Parkway and to the adjacent commercial pad sites of the Woodbridge Crossing Planned Development. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Recommendation The Commission voted 5-0 to recommend approval. 26 01/10/2023 Item F. /\ OWNERS CERTIFICATE NORTH 1 1 I coo Ns LOT COLLIN COUNTY OPRCCi 1 GRAPHIC SCALE IN WHEREAS,WYLIE!ACKLAND,LLC is the owner of a tree,land situated in the William Sachs° . Survey Abstraot No 835 Coffin County Texas and be,ng all of 1 of 1/I,1 an addition to the City of FEET t cooODB I WOODBRIDGE A HST_ Y / V / Wylie accuding to the plat recorded IS InStrUrnent No 2019-881 Offic,a1 Public Records Co lin ti INST NO 21010 133 O OT IR,,,'Bt OCK 8 Gounty Texas and being pan of a tract of land described tn Spec,.Warranty De..MI,It OoRCO.. ; II I . / aA 4 1 r n BEGMNING at an"V out in CS,Ctele fOuril for the northeast corner of s,,c,Lot-17R 3 a.being in the EPBGGT VICINITY MAP NTs. I 3 � Lj11 P.O.B. � I a�sa a n°a�° rn 11 � r°-r vsa :um /\_� HENCEvvms m f -s feel °a, SURVEYOR'S.CERTIFICATION 7 2 stamped RPLS 1890 found fu:he southeast corner of sad Lot 17R-3 KNOW ALL MEN BY"I Ht.SE PRESEN IS _____------53 W ii E P Al,?I ,353a THENCE depading sa.west right-of-way line of Spnngwell par,way and soth the south line of said Lot %hat I-i Andy D..do hei-eby cor,ify lb,.I prep..this plat a..field notes made a pd,there, _ .survey of the land and that the corner monuments shown thereon were 3 BLOCK Texas a o co,aanc esona�soneg o.onacryor ....------ F, ESLE�� LOCK Arva /e na,on rod na s o WOODBRIDGE ,ampea red owc cap Wvm pe ..... _..... .._... ps xnn �,n��esio ,aid Lott OPROCT THENCE with a west line of sad 17R.3 Nodth 00'3204 11 ao iron adapaa stamped se prom°,. . a sae il3ze. e,ma,a ad PRELIMINARY -2'''� sc 2daY of LOT,7R 2 BLOCNA INST NO >cC�oo,T�oo , ADDITION PRELIMINARY cRoss No -"�-2`A THENCE '- WOODBRIDGE c:P.a.ccT. distance m,u.7,feet,e a THIS ADDITION LOT17R-3,BLOCK ""r I ere Damon rod with redplastic mPslamped KHA het for comer J Andy Doobs NO,BC RECORDED r012 oe R..,.c... 1Regi.tered Professional Land Surveyor 1 7.2915 ACRES I o.6196 ANY PURPOSL AND 317,616 SO FT "`^ """"' .a Dace Tower,says Too SHVIM.OR Rtt II:0 ALL 'a us r7 7 ..a moll iron rod wIth red plastic cap stamped RA-re,o w.corner of saa Lot,x3. sUPON AS A FINAL Ph V2,77 THENCE with eons line of said Lot 17 following courses and distances. a@k�^ov horn,com '-..,-ENT 6 Q the beginn,of a tangent cuive to the right wei a dadtus of 115 00 feet a central angle of STATE OE TEXAS rv,i ti,,,,, s"":-,',; 1.46'37 And a chord beam,and mstance of South 8312 19.East 29 56 feet COUNTY OF DALLAS � No.8,24 23 Last a distance of 233 al feet to an X out in concrete fauna for comer at �pt southerly direction with swd tar:gent Furve.the rpht an a,cSIStanSe Of 29 66.reet to BEFORE ME the undersigned a Notary Public in a.for.said County and State on t'vs day personally a x-,,,,n co,,,,do,j,,,,,,,,,o,,, appeared J Andy Dobbs known to nFe to be tn,n,,,,,wn.,. .subscribea to.fb,.,a .1 Sout,5'48 53 Eaql a diFlance of 82 9,feet to the POINT OF BEGINNING ard contammg rnstrlune,1 a.acknowledged to me that he executed.same for the purpose therem expressed a. ....97423 .155_T, w - us ���1 O - e,�a oa°,°r,A�.�o,tf Bearings based on.State Plane °a a seam. e an o e n a«z Nnna GIVEN UNDER HA onuo sEq. EFa cE,s e, ..o iSt 7 Z 7310 sea,, SI ,.Nee,.. B 1H9 i, oPR OWNER'S DEDICATION Notary Public in and m,m°state ofTe I STATE OF TEXAS V —-- -- Iry CERTIFICATE OF APPROVAL ,., " SO `�. NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS Necamresnooa ro vn ova I s I sroperty as WOODBRIDGE CROSSING ADDITION an addition le tr.City of Wy te and does hereby ,,avma,)d,en.,.,ot,,t,`-ommies,or, De,e ,',-.. m easements and any public utility shall havn the right to remove a.keep removed all or pan of any S z torn NO.2o,c ,saaagencies a.ad public utilities desiring to use or using same Property owl.,shal maintain Appoved `.„I ,ad oPRcc r. -11 _____... io,ia 'JbuildIngs fences trees shrubs or othe-improvements or growths dd which any way endanger or easement str,ps and any public uttlity shall at a,tmes have the right of ingress ano egress to a.from vc Taaaa — Date Patroldng without the necessity at any time procurd,the permssion of anyone,his plat approved 'M.' .,, ..____ .. - o P ° ,saa resolutionsCity of Texas WI sse NANO q ,n:W day > I rhe undersmned the City Seueta,of tne Cdy of Wylie rexas hereby...es that the foregoing final plat ol '1 _,___.--, WOODBRIDGE CROSSING ADDITION,3n addition to the City of Wyde was submitted to.City Counc,1 on the g' y of /0 . and the Counca by forma,act,on then and there accepted the �7 aa. LOT 1 BLOCK A Title in a.Open said ea a,a� rsaad of streets alleys parks easements put,pIaces a.water a.sewer lines as sho,n and set forth LOT as OTSE Lo N �OT<o LOTP, Lo,a3 �oTP3 LOT n LoraF PARS ....... ---- ......... ........ authorized the o the oweP thereof by Aeeen PHASI-ON, d s GRA I I ,r,cr.'. 1 I 9 I , BUSINESSVOL F PG 347 COUNTY OF wmass my ha.this day of _ INS,NO BEFORE ME the UnderSIgned a(Seta,PUblie In SUS far the said County a.Slate on thiF day '! „ the foregoing mstrument and acknowledqed to me that he executed the same o, p p N _ - NORTH POINTDRIVE ° ,.T.� _.....-.-/1 ONE RLCENc�e�s.... PARK or/EN'MD. FANS AND SEAL oLF.r this eve, °a, e sere, CIty Secretary v Wylie;Ta,ss. LOT3a I 1 ADDITION zo ; ""--- - - IRCCT. I PRELIMINARY REPEAT FOR REVIEW PURPOSES ONLY NOTES. Notary Punk,in aea for the Slate, FINAL PLAT FLOOD STATEMENT. 1 Selling a portion of th,s addit,on by is sees,le lass ans.vimnom of WOODBRIDGE CROSSING ADDITION Ordinance a.State Law and Arcording to Federal Emhrgen,Managemmt Agency s FI,od Insurance Rate Map No s,wsL..con utilities ano building permIts LOT 17R-3,BLOCK A County Texasand incorporated a,eas dated June 2 2009_, preperty IS 10Lated.v 1,n_ 17, a_ Texas o n BEING AN AMENDED PLAT OF LOT 17R-3,BLOCK A mnex(unshaded,defined as'A�determined m be outs.the o.2,o annual manse n000paia wmdal zone azo2.None Amenan Datum m,saa_Iso,il) WOODBRIDGE CROSSING ADDITION /f this srto is not mthin ah identified special flood ha,,In]area this Flood statement does not imp,that the 3 Ad corners are a 5,8.1ren rod with pests cap stamped"KHAL set uses RECORDED IN INSTRUMENT NO.2019-881 property areal-the structures thereon will be free from SOOS11119 or flood damage On rare occasions greater a1 ... °°a ''mad°"ores°,00d,t an a.will occur and flood heighIs may be inv.,.y AND BEING 7,2915 ACRES SITUATED IN THE statement shall net create liability on me partof the surveyor SHEEN W ILLIAM SACHSE SURVEY,ABSTRACT NO.835 0 PARKWAYASSOCINC. ASSOC.,INC CITY OF WYLIE,COLLIN COUNTY,TEXAS P 0 B=POINT or BEGINNING SE ATLANTA GA 30335 TWO GAI I ERIA OPEICF TOWER SUIT,00 TWO GAI I...OFFICE TOW.SUITE CONTACT VANESSA om COUNTYLTEXASAMASELIoa orAADD_3ORCD PHONE 972no1300 PHONECONTA 123553580 CARCAYN oo >)) RECORDS OFCDUIN COUNTY TEXAS ueitl e, apse.,. . ,sD a.eOM239aazo' Scale Drawn 1,_, CheckeAby pate Pror,o1 No Sheol_No .,7,. 27 01/10/2023 Item G. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, Ordinance No. 2023-02 regarding a change in zoning from Commercial Corridor (CC) to Planned Development - Commercial Corridor (PD-CC) to allow for commercial uses on 11.622 acres generally located on the southwest corner of State Highway 78 and Brown Street(ZC 2022-13). Recommendation I otion to approve the Item as presented. Discussion OWNER: Wylie Economic Development Corporation APPLICANT: Vasquez Engineering At the December 13,2022 City Council meeting,the Council approved a change in zoning from Commercial Corridor(CC) to Planned Development-Commercial Corridor(PD-CC)to allow for commercial uses on 11.622 acres generally located on the southwest corner of State Highway 78 and Brown Street with the following amendments: • Remove drive-thru restaurants as a by-right use • Add lots 2-5 to Section 3-6 of the Planned Development to require a Downtown architectural 'look and feel' • Require Council approval of all site plans,including landscape plans, and elevations. The PD Conditions have been changed to reflect the amendments. Final approval of Zoning Case No. 2022-13 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause,a savings clause,a severability clause,and an effective date. The subject ordinance allows for the rezoning. Exhibit A(Legal Description),Exhibit B(Zoning Exhibit),and Exhibit C(PD Conditions) are included and made a part of this Ordinance. 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. 28 01/10/2023 Item G. ORDINANCE NO. 2023-02 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 2022-13, FROM COMMERCIAL CORRIDOR DISTRICT (CC) TO PLANNED DEVELOPMENT - COMMERCIAL CORRIDOR (PD-CC), TO ALLOW FOR COMMERCIAL DEVELOPMENT; 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-Commercial Corridor(PD-CC), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Planned Development Conditions are an integral component of the development of the property and are attached as Exhibits B and C,respectively. SECTION 3: 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 4: 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 5: 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 6: 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. 2023-02 Change of Zoning for Cooper Plaza(ZC 2022-13) Page 1 of 2 29 01/10/2023 Item G. SECTION 7: 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 8: 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 10th day of January, 2023. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: January 18,2023,in The Wylie News Ordinance No. 2023-02 Change of Zoning for Cooper Plaza(ZC 2022-13) Page 2 of 2 30 01/10/2023 Item G. Exhibit 'A' SITUATED in the State of Texas, County of Collin, and City of Wylie, being part of the James Truett Survey,Abstract No. 920, being part of the Francisco de la Pina Survey,Abstract No. 688, being part of Blocks 4&9, all of Blocks 2, 3, & 10 of the Railroad Addition, an addition to the City of Wylie as recorded in Volume 77, Page 494 of the Collin County Map Records, being the re-survey of a called 2.606 acre tract as recorded under County Clerk File No. 201990213000150300 and being further described under County Clerk File No. 93-00309960 of the Collin County Land Records, being all of a called 2.563 acre tract of land as recorded under County Clerk's File No. 20191122001493350 of the Collin County Land Records, being all of a called 1.226 acre tract of land as recorded under County Clerk's File No. 20200529000784580 of the Collin County Land Records, being all of a called 0.2209 acre tract of land as recorded under County Clerk's File No. 20210210000288770 of the Collin County Land Records, and being part of the abandonments(no documents provided) of Jefferson street,Third Street and the alleys as being described within said premises as follows: COMMENCING at a point marking the intersection of the east right-of-way line of Second Street(80' right-of-way)with the south right-of-way line of Brown Street(variable width right-of-way), same being the northwest corner of Block 4 of Railroad Addition; THENCE with the south right-of-way line of Brown Street,the north line of said Block 4, partway with a 20' abandoned alley, South 89°42'02" East, 135.00 feet to a point in the centerline of said abandoned alley, marking the POINT OF BEGINNING, and the northwest corner of the herein described premises; THENCE with the south right-of-way line of Brown Street,the north line of said Blocks 2, 3 &4,the north line of said 2.563 acre tract,the north line of said 1.226 acre tract,the north line of said 0.2209 acre tract, and the north line of a 20' & 10' alley as follows: South 89°42'02" East, 953.24 feet to a 1/2" iron rod found for an angle break; South 83°00'22" East, 79.78 feet to a "WAI" capped iron rod found for an angle break; South 79°58'26" East, 28.91 feet to a "WAI" capped iron rod found for an angle break; South 83°16'S5" East, 13.97 feet to a "WAI" capped iron rod found for an angle break; South 83°37'01" East, 31.31 feet to a 1/2" iron rod found marking the beginning of a curve to the right; southeasterly along said curve having a central angle of 135°11'10",for an arc distance of 35.39 feet, with a radius of 15.00 feet(chord =South 15°48'15" East, 27.73 feet)to a 1/2" iron rod found in the northwesterly line of State Highway 78(variable width right-of-way), and marking the end of said curve; THENCE with the northwest right-of-way line of State Highway 78,the south easterly line of said 0.2206 acre tract and the south easterly line of said 1.226 acre tract, South 51°47'20"West, 1,042.43 feet to a point marking the intersection of the extended north right-of-way line of Marble Street (variable width right-of-way) with the northwest right-of-way line of State Highway 78,the southeast 31 01/10/2023 Item G. corner of said 1.226 acre tract and said premises, from which a "RPLS 3963" capped iron rod found for reference bears South 51°47'20" West, 690.02 feet; THENCE departing said State Highway 78 right-of-way, with the extended north right-of-way line of Marble Street, the south line of said 1.226 acre tract,the south line of said 2.563 acre tract and a south line of Block 9 and Block 10 of said Railroad Addition, and partway with the south line of a 20' abandoned alley, North 89°43'51"West, passing at 253.78 feet a 1/2" iron rod found marking the southwest corner of said 2.563 acre tract, and continuing for a total distance of 294.28 feet to a point in the center of said 20' abandoned alley, and marking the southwest corner of said premises; THENCE with the centerline of said 20' abandoned alley and crossing through abandoned Jefferson Street, North 00°00'19" West, 694.95 feet to the place of beginning and containing 11.622 acres of land. 32 01/10/2023 Item G. < jam ST ANTHONY CA.01IC ' E VIVER DWA IER DISTRICT TRACT. Cw B.,CVOL. TRACTPG 8 IX' VOCure TRACT. VOL 6 >5. ZONED Sf 0/2a IONEOUSE WATER TREAIM1N,PLANT I -. .......OR ff.' C E. BRO YY,�Q' STREET ......- J 4i ZONED R 0 E5 GRAPHIC SCALE z E- r2 „A so i MANGLESs 1,yea•-_ ( WALK,EXIST 4�n_eo ,n Q... x of • *1 y z euwrm -`7°Asaa�rsrmT(lvn } 1I I. 10 - 1" ■ L.snassa< a.• °�°eoxi;� R® xiipr.1 �b 4 �.iAr 1 M 2Dn ) BLOCKo R D HWY 78 Se BROWN pDDIT1ON )�� pt O , • PROPOSEo COOPER PLAZA Q� AD [t r '' EouN niy ,"iJ" re R Isar of"o .i, 11.622 AC/5O6,264 SF ,1. . /."" 0.1351110. 4.�N' 3 c ( M 9o/1'Yo Olio,m.)11 ✓ fi�0- �.c PRoc �� s o '�O E rREPAD 1 & i` c�6�4�6 t�Wn'Zs 8 s1s Ac PROE. { y .f E .000 vxw PftOPOSFA hhQy- 14e\ ✓ / + uE CC LL N 'TONED LNG 6ki r • 12,OOD SF OAiEBO RFftNTON/OEtENTON y 5� r. PROP / o oD ors LOT 8,MOCK 4 r. 1-1" '('X e'' �° `�. ��g®�/ A sty 77 G '...0�— S 4.53 AC 191.321 ff �•y mow[ - t. ' M1.e>.9__�.�;. y� \ o /�S I USE i �Lil ) 8 O J GO_ 5•.a 9 I �i�J-.. ,� ~ e onaN Cl 1� i a. /Y��� / q � .�f O 131 Pan SKS .. ... ,'�%t � T d .a .�o / ..�� / /` dow' L s �a .2o sues,iz5555t...1�1. PROE .`�� � `S:. `� / ��/ �! �.✓/ 0 0 Ca aT .-sh USE REIM a - 12,000 Si a b — \.�� He} ZONED �i`cas°: rnf' ,, =EI III � % 4i �• ° Esr<eZ ( N zTo 2 0) zI � „ ye /,Ale�a a` / /1 , ^� _ _ Q y�i ui W 3 o, ,, o / . /, �somwn CC O -,—z H L In trair .Or • RAILROAD AMMON i awec,VOL eos ODoo.2o,00, I PG Oa,CCLR ' �-/,` 4 ��ay� 8t h5 ,R '� /°i���p1- �2 .,-(ese ., stE.E‹ L 7 ese 71-1. ( 1I5Ic. ♦ M`y eo / eP�' E LOT 5 �� ;W .`x/0 er ,�/ 5• Z, /' Lai AO27&966$ (� / b ` _—__ _ �� x A 11 e� s ocw I01 RETAIL h \ - /1 3. s. I _ (G4 z J.fi. 10,500 SE �,. /:/ / •e/ ,r. 0 E , r LOCATION MAP _____ 62 PRI(secs / * o -e�:ae Z e or U E . 7Ci aj ..410.Y c$ l T o a g 0 0 ��( a D 1 �' IA, i Q A i m=. .�>� v EXISTING PROPERTY "� PROPOSED LEGBD °' `w n -- ®® • m3� v sso) b▪Q wE _ w'-Ia 1/ .. FOGAR I.R E /a _ 2 ommo�c wdo nozso _. __- - PAR T i6i Z oph ` PROP "'<siw xBEsa r= , �,a Pa POLL O >'it- .., -E MARBLE w E. MARBLE ST. R LINE _6-w ^ STORMPROP HISS-> CONOt CURB INL 3 07831 o d q/ '�` S r%— ,EAcvALPT c. Ye �1 w- �eE B eANwAGEe VALVE / MANHOLE N �V\/ cA A m � FIRE HYDRANT M / / N6/ \ PGP9OOc CCMR tiO WATER a.a.u.E. ZONFD�L /_ R DTILIr s,T �io, xo^.Kn Aur eAL / I� -E r O.oo_ ZONED DIMENSIONS ARE TO PACE DE CURE SAGE OF BUILDING �� �/ OP AS OTHERMSE ZONING EXHIBIT K.ALL BUILDING SETBACKS PER CC ZONING. COOPER PLAZA USE TR"A204 TH LOTS 1 6, BLOCK A „ o Cl OWNER RO,G D Y WED.GC OONTPCTOR,ASO a ,(� ]5OR: ENGINEER: ,d� ` loNEn Gcc zso S.H�oG vnsouez ENeIN c L L.c HWY 78 & BROWN ADDITION ?" / \\ e a 1a19 S.LANDon ROAD,SUITE aao O CITY OF WYLIE, TEXAS sneer Q� 1- I os GARLAND,TEXAS oaz _ N GREIN'ER CONTACT:JUAN'J zASQUEZ,P.E.P.e NOVEMBER 14, 2022 EX 'C' n. EMAIL:05 n@wylieedc.aom EMI:0asquei@vasquezengIncepIng.com 33 01/10/2023 Item G. COOPER PLAZA EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT 2022-13-CC I. PURPOSE: The purpose of this Planned Development is to create a vibrant multi-modal commercial environment that integrates with Wylie's historic downtown. II. GENERAL CONDITIONS: 1. Unless otherwise explicitly stated in the PD, all variations are from the City of Wylie's Zoning Ordinance as amended April 2021. 2. This Planned Development shall not affect any regulations of the aforementioned Zoning Ordinance except as specifically provided herein. 3. The underlying zoning for this Planned Development District shall be Commercial Corridor (CC). 4. The development shall be in general conformance with the Zoning Exhibit. 5. The entire site, as depicted on the zoning exhibit, shall be used to determine landscaping calculations (20% of the site). III. SPECIAL CONDITIONS: 1. The following uses as defined in the Commercial Corridor District (CC) shall be expressly permitted on the subject property: a. Convenience Store b. Motor Vehicle Fueling Station c. Food Truck Parking d. Alcohol/Liquor Uses, which shall be exempt from distance requirements from churches, public hospitals, public schools and private schools 2. The following uses as defined in the Commercial Corridor District (CC) shall be expressly prohibited on the subject property: a. Sexually Oriented Business b. Equipment Rental c. Automobile Rental d. Automobile repair Minor Page 1 of 2 34 01/10/2023 Item G. e. Car Wash f. Any and all uses listed under Sections 5.2.H and 5.2.1 of the Zoning Ordinance g. Vehicle Display, Sales or Service 3. The street frontage required landscape buffer, as required by Section 4.3.E.a(1) shall be allowed to include public right-of-way and landscape plantings shall also be allowed within the City's existing utility easement pending minimum distance separations are maintained as required by the City's Engineering Department. 4. No lot on the site shall be restricted by the distances to other Beer & Wine Package Sales establishments, churches, schools, city parks, or residences, as defined in Section 5.2 or any other distance restriction to other businesses defined in the Zoning Ordinance. 5. Section 7.3.H.2.a shall be amended to allow 9 feet by 20 feet standard car parking spaces on Lot 1 only. 6. All structures on Lots 2-6 of this development shall comply with a historic architectural standard that integrates with Section 6.3.E.5 of the Zoning Ordinance (Downtown) except as noted as follows: Section 6.3.E.5.a.1.4 second floor windows, recessed with multiple lights, lintels, and sills shall not be required. Section 6.3.E.5.c Building Proportions-Commercial Structures shall not be required. 7. Section 8.1.C.1.b of the Zoning Ordinance shall be amended as follows: Site plans for each lot shall be considered for approval by the City Council, with a recommendation provided by the Planning and Zoning Commission. For the purposes of this planned development, the developer voluntarily agrees that there shall be no more than 30-days from between each submittal to a Commission recommendation and another 30-days until consideration by the City Council. 8. Section 22-448.a.4 shall be amended to allow a monument sign to be separated by at least 50 feet from any other monument sign on the same property, measured along the right-of-way. Page 2 of 2 35 01/10/2023 Item H. Wylie City Council CITY OF AGENDA REPORT Department: Animal Services Account Code: Prepared By: Shelia Patton Subject Consider, and place on file,the Animal Shelter Advisory Board report to City Council. Recommendation I otion to approve the Item as presented. Discussion The Animal Shelter Advisory Board met on December 14,2022. The attached minutes and inspection report were considered, approved, and placed on file. This report is being submitted as required by City ordinance. 36 01/10/2023 Item H. Animal Shelter Advisory Board CITY OF mutes Regular Meeting November 16, 2022 — 6:00 pm Wylie Municipal Complex— Council Chambers 300 Country Club Road,Bldg. 100 Wylie,TX 75098 CALL TO ORDER Announce the presence of a Quorum. Dr. Brad Abraham called to order the Animal Shelter Advisory Board meeting at 6:03 pm. Board members present Shelia Patton, Amber Porter, Susan Cranford, and Jeff Forrester. Quorum is present. Staff Liaison Lt. Matt Miller is also present. INVOCATION The invocation was given by Jeff Forrester. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate, or take action on any matter presented during citizen participation. REGULAR AGENDA 1. Consider and act upon an Animal Shelter Advisory Board minutes of October 19, 2022. (ASAB Chair) Minutes November 16,2022 Animal Shelter Advisory Board Page 1 37 01/10/2023 Item H. Board Action A motion was made by Jeff Forrester to accept the Animal Shelter Advisory Board minutes of October 14, 2022, as presented. Dr. Brad Abraham seconded to accept the Animal Shelter Advisory Board minutes of October 19, 2022, as presented. A vote was taken, and the motion passed unanimously. 2. Consider and place on file the 2022 State of Texas Rabies Quarantine Facility Inspection. (ASAB Chair) Board Action A motion was made by Jeff Forrester to accept and place on file the 2022 State of Texas Rabies Quarantine Facility Inspection, as presented. Dr. Brad Abraham seconded to accept and place on file the 2022 State of Texas Rabies Quarantine Facility Inspection, as presented. A vote was taken, and the motion passed unanimously. WORK SESSION WS1. Discuss the Animal Services facility's current status, needs for improvement, and future growth. Lt. Matt Miller stated that every board member has a Shelter Planners of American packet to review. We have also contacted a few places about a consultant, and the average price for the consultant is around $30,000. He has spoken with Glenna, the purchasing manager, and we will have to create an RFP. He would like to get the board's recommendation for a consultant to the city council. Jeff Forrester thanks Shelia and Lt. Miller for the packet. He recommended that we prepare an RFP for the city council at the mid-year budget. If we miss the mid-year budget, we will end up presenting the RFP to the city council at next year's budget. Dr. Brad Abraham asked. what is an RFP? Lt. Matt Miller stated it is a request for a proposal. It is something the city is required to do, and it has certain criteria that have to be met, and businesses will need to submit their proposals. Does everyone agree with starting an RFP? He will also get with PD staff to see what the progression is like for an RFP and will get back to the board in December. Amber Porter, what is the timeline for the mid-year budget? Lt. Matt Miller stated he does not know how long an RFP takes. Do you know how long it will take? Jeff Forrester stated the city has to post the RFP in the paper and can open it up to the public and allow for replies for 30, 60, or 90 days. It depends on if there is a list of contractors already. Lt. Matt Miller stated we will need to start the RFP quickly if this is the recommendation. Dr. Brad Abraham agrees with the recommendation for a consultant. Susan Cranford agrees with the recommendation. Amber Porter agrees with the recommendation and wants to get it to the mid-year budget. Minutes November 16,2022 Animal Shelter Advisory Board Page 2 38 01/10/2023 Item H. Jeff Forrester agrees with the recommendation. Lt. Matt Miller stated we will push forward with the REP and see what feedback we get.Anything else, Shelia? Shelia Patton stated everyone agrees with the recommendation, and she also agrees. Lt. Matt Miller stated that after the first of the year, he would like to arrange for the board to tour the Garland facility. He will also be setting four ASAB meetings next year. Then around June of next year, we should have two new board members. Jeff Forrester recommended that the consultant be assigned first before doing the tour. He also recommended that we tour multiple shelters so they can get a better understanding of what a shelter needs and why. Shelia Patton has visited a few shelters already, and they are all willing to assist and give feedback. She agrees with Jeff Forrester's recommendation. Lt. Matt Miller has looked at other shelters and the size of their facilities based on their city's population and noticed that some were joint facilities. We will take everything into consideration. ADJOURNMENT Motion was made by Amber Porter and seconded by Susan Cranford to adjourn the meeting. With no further business before the board, the board's consensus was to adjourn at 6:20 pm. 1 .-- ----/ 3 ) .1,...„ _ ASAB Chair ATTEST: n\ Shelia Patton, ASAB member Minutes November 16,2022 Animal Shelter Advisory Board Page 3 39 Inspection for Animal Shelter, Impoundment, and Rabies Quarantine Facilities 01/10/2023 Item H. Date D, Name of Manager er g i� ti Registration No. 031 132 � 5 Name of Establishment it-. A,, NI1C (c `,o Inspector gr4 /c, l Location of Establishment t F QA I LA, � Mailing Address SkC n e City \ ili r :.- State 'TX Zip Code "750 q Phone 1 2,,, — "t 1 91t-3--' County Co11, ( Note to Inspector: Put Yes, No, or N/A(Not Applicable) in the columns to the right of the question. A. General TAC Section 169.26 a) Heatin Structural Strength 14. Are animals protected from cold and inclement 1. Is the facility structurally sound and maintained in good weather and direct effects of wind, rain, and snow? repair in order to protect the animals from injury, contain 115. Is auxiliary heat or bedding provided if the ^� them, and prevent transmission of diseases? Y temperature is below 50°F when animals are present? J Water and Electric Power �.. �-�''��Coolin• and Ventilation 2. Does the facility have reliable and adequate electricity 16. Are animals protected from any form of overheating to comply with other requirements? �C and from direct rays of the sun? 3. Does the facility have fresh, clean water available? 17. Are fresh air and adequate ventilation to minimize Storage drafts, odors, and moisture condensation provided? ` 4. Are food and bedding stored to protect them against 18. Is extra ventilation, such as fans or air conditioning, infestation or contamination by vermin? • provided in indoor facilities if the temperature is 85°F or .j 5. Is a refrigeratory available for perishable foods? above when animals are present? Waste Disposal , „------',Lighting --'"' 6. Are there provisions for the removal and disposal of 19. Is lighting adequate to permit routine inspection and animal and food wastes, bedding, dead animals, and cleaning? debris? 20. Are primary enclosures situated to protect the 7. Are disposal facilities operated in a manner that animals from excessive illumination (man-made or / minimizes vermin infestations, odors, and disease natural)?.... hazards? Construction ...--' 8. Is there a suitable method for rapidly and safely 21. Is the facility constructed to protect the animals and removing water and other liquid wastes? 7 and so not create a health risk or public nuisance? Washrooms and Sink s _.-�'-22. Are surfacesconstructedbuildingmaintained 9. Are there facilities (such as washrooms, basins, or that they are impervious to moisture and can be readily y sinks)for employees to wash their hands? sanitized?11 i ? Management Primary Enclosureslo made of durable, nonabsorbent material?, 10. For facilities located in a county with a population of !24. Are primary enclosures structurally sound, 75,0 00 or (only), maintained,, and constructed with surfaces that are 7500 overin accordance with THSC Section impervious to moisture and can be readily sanitized? a. Are animals sesarated b seecies and b sex? '- 25. Do primary enclosures enable the animal to remain b. If not related to one another, are animals of relatively I dry and clean and protect the animal's feet and legs " the same size sharin ca es/pens? from injury? c. Are sick or injured animals segregated from healthy 26. Do the cages and kennels provide enough space for animals? each animal to make normal postural adjustments 11. For facilities located in a county with a population of without touching the top of the enclosure, including 75,000 or over(only), in accordance with THSC Section turning freely, standing easily, sitting, stretching, moving 823.005: its head, lying in a comfortable position with limbs Has the governing body of the city or county in which the 1 , extended, and moving and assuming a comfortable shelter is located established an advisory committee to Nit posture for feeding, drinking, urinating, and defecating? assist in compliance with THSC Chapter 823? 1B. Feeding -[TAC Section 169.26(b)] Records 27. Are dogs and cats fed at least once a day or more 12. Does the facility keep records on each animal? y often as appropriate for the age and condition of the animal, except as directed by a veterinarian? Are other 13. Do records document animal description, animals fed as described on packaging of a commercial, impoundment and disposition dates, and method of !}` species-specific food or as directed by a veterinarian disposition? (see#32 for ferret requirements)? TAC=Texas Administrative Code, THSG=Texas Health and Safety Code Inspector Initials: Date: 17` 5/ 1021_ 40 n/11o12oan Item u istrati / _- - -»_- ' . - Fes ( ��*�� ���� Rabies Quarantine Facilities (Completed bwDSHS � �8� |afood �ho|�nome. po|ot�b|a. �eehnm iTAC Section montamination, of sufficient nutritive value to meet daily N 38� Is there documentation of twice-daily obaenx�ionn of� � requivame�s. andaco�aaibb*toanima|o? �~� ti �danimals? _ - ' ° ' 20. Are food pens kept clean and sanitary, and if Rabies . ' (Completed- - d�poaab|efoodpanmaruumad. oratheyd�rardedaftar 1 and THSC Section - each feeding? ' � 826.042(g)] _ 3Q Does the facility have o written Standard Operating C. Watering _[TAC Section 1169.26(c)) _---'Procedure (SOP)? 30 Do animals have convenient access to fresh water and 48 |m the SOP specific for the faoi|it ? � is it offered at least twice daily for at least an hour(except 41. Is the SOP posted or otherwise readily available to 31. Are the water bowls clean and sanitarv? 42. Is the SOP designed to ensure effective and safe 32. Do domestic ferrets have 24-hour access to water in a quarantine procedures? drinking bottle and to food? 43. Do enclosures have solid walls to prevent physica D.Sanitation -ITAC Section 169.26(d)]-' contact between animals? 33. Are excreta removed from primary enclosures often 44. Are the primary enclosures enclosed on all sides, enough to prevent contamination of the animals (at least irldluding the top, to prevent escape? once a'day)? 45. Does each quarantine run, cage, and kennel 34. Are cages, rooms, and pens maintained in a sanitary containing a quarantined animal have a "Rabies condition? Quarantine" placard/sign posted on it? I . I 'For Faitilkies Subject to THSC Chapter 829(Located 35. Are the building and premises kept clean? in Non-exempt County)-(Sections 829.002 and 36. Is there a regular program in place for control of 46. This standard is for purposes of meeting insects, ectoparasites, and other pests? requirements set forth in THSC Chapter 829 only. Are ,37. Is the facility free of visible signs of rodents arid"are all employees whose primary job is to enforce animal other vermin infestations kept to a minimum at all times? control laws in compliance with training requirements (Sec. 829.002)? If so, this inspection form serves as a certificate of compliance per Section 829.007. This facility has approximately r7 � � cat cages and dogcagem/pena. | �� � VVhenthe foo|�ywas inspected today, d was housing approximately -~� cats and ^�`� dogs. Inspector Comments: [] Check here if additional inspector comments are attached Facility Rating: Satisfactory_ �- Unsatisfactory Probation _ |f applicable, timeline for probationary period As the inspector, I certify that I have personally inspected this facility and that it conforms to the statements mbove. {- Ins~actorSignature Date res b !7 ac nowledge completion and receipt of the )t Lo ' Manager (retain pink copy after signature) Date � Regional Zomnos|s Control (ZC) Veterinarian Ootm White original and yellow copy/nDSH3 Regional Office after Inspector's and Manager's a/gnob/n*o. Regional Office nete/ho yellow copy afterZC _ Veterinarian's naoeand returns o�7�u/w�ha0 ��a��naabofeu�4/ ������Health andum*" � nn^sDepartment o,�*� Health Services 7AC=Texas Administrative Code, THSC=Texao Health and Safety Code ZoonoaisContm| D3HS=Texeo Department of State Health Services 88/18 Stock No. Z-3 � 41 01/10/2023 Item I. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Renae' 011ie Subject Consider,and act upon,the approval for the demolition of a residential structure in accordance with Ordinance No. 2022- 34.Property located at 200 W. Brown St. within the Downtown Historic District. Recommendation Motion to approve the Item as presented. Discussion Owner: Wylie Economic Development Corporation Applicant: Jason Greiner,WEDC The property owner proposes to demolish an existing residential structure.According to Collin County Appraisal District records, the house was built in 1950. Properties immediately to the east and south are duplexes and were constructed in 2003,with the railroad to the west. The application states the house could be remodeled/restored, but due to the age and condition of the structure it would require a significant expense to make it habitable. Section 6.3.E.3. of the City's Zoning Ordinance outlines the criteria for demolition as follows: Demolition of a structure will.NOT be allowed if any of the items below are met: 1.A structure is of architectural or historical interest and/or value or its removal would be detrimental to the public interest, or 2.The building contributes significantly to the character of the historic district and demolition would create a detrimental view or adversely affect the existing buildings on the block, or 3. A structure is contributing or unusual or uncommon design and materials and it could not be reproduced without great difficulty and/or expense, or 4. If its proposed replacement would not make a positive visual contribution, would disrupt the character or be visually incompatible within the historic district. Demolition of a structure MAY be allowed if any of the following criteria is met: 1.The building has lost its architectural and historical integrity and importance and its removal will not result in a negative, less appropriate visual effect on the historic district, or 2. The structure does not contribute to the historical or architectural character and importance of the historic district(e.g. a non-contributing structure), and its removal will result in a positive, appropriate visual effect in the district. As stated in the Ordinance criteria, The structure does not contribute to the historical or architectural character and importance of the historic district (e.g. a non-contributing structure), and its removal will result in a positive, appropriate visual effect in the district. Staff believes that its removal would not be detrimental to the public interest. HRC Discussion WEDC Director Greiner gave an overview of the state of disarray of the structure and the ongoing efforts of redevelopment and revitalization of the area. With no questions,the Commission voted 4-0 to recommend approval as presented. 42 01/10/2023 Item I. APPLICATION FOR HISTORIC REVIEW Date: 8-29-22 NOTICE TO APPLICANT 1 Completed applications and drawings must be in the Planning and Engineering Office no later than 10 days before the meeting. (Regular meetings are held on the 4th Thursday at 6:00 p.m.in the City Hall Council Chambers, or Special Called Meetings as needed.) 2 It is imperative that you complete this application in its entirety. Incomplete applications will be returned and could delay the commencement of your project. 3 The presence of the applicant or his/her agent as designated herein is necessary at the Historic Review Commission Meeting. 4 All presentation material must be received by Staff on the Monday the week prior to the meeting. This will be case for Historic Review Commission and City Council. APPLICANT INFORMATION Name: Wylie Economic Development Corporation Phone: 972-442-7901 Mailing Address: 250 S Hwy 78, Wylie TX 75098 Email Address: info@wylieedc.com Fax: PROPERTY OWNER INFORMATION Name: Wylie Economic Development Corporation Phone: 972-442-7901. Mailing Address: 250 S Hwy 78, Wylie TX 75098 Email Address: info@wylieedc.com Fax: PROJECT INFORMATION Name of Business (if applicable): n/a Current or intended use of the building: n/a Address of Project: 200 W Brown (The below information (Lot, Block, Subdivision, and Frontage) can be obtained on the County Appraisal District's website by entering the physical address of the property: http://collincad.org or http://dallascad.org or http://rockwallcad.org If you do not have access to the Internet or cannot locate this information on the website, contact the Planning Department at (972)516-6320 for assistance. Lot 39B , Block 8 , Subdivision Brown & Bums Current Zoning: DTH Which District is the property located within? ❑ Downtown Historic District El South Ballard Overlay District El Other 43 01/10/2023 Item I. SCOPE OF WORK o Remodeling/Renovating Provide a detailed description of the nature of the proposed alterations and/or repairs (attach additional sheets if necessary): n/a Are you painting an exterior feature? YES NO If YES: Describe Feature Color Name Sample Attached Ex. Window and door frames SW Autumn Hue (No. 7665) YES NO YES NO YES NO YES NO Are you replacing an exterior feature? YES NO If YES: Describe Feature Current Material Proposed Material Sample Attached Ex. Window frame Wood Vinyl YES NO YES NO YES NO YES NO o New Construction Are you replacing an existing structure? YES NO If YES, complete"Demolition"below. oWDemolition Describe the condition of the existing structure: Built in 1950 (per CCAD)/located near KCS train tracks. Structure is dilapidated and uninhabitable in current state. Floor/subfloor has been removed in bathroom and plumbing is exposed. 832 Sq ft structure would require significant expense to repair. What is the estimated cost of restoration or repair of the existing structure? n/a 44 01/10/2023 Item I. Explain why the property is being demolished as opposed to restored or renovated for adaptive reuse: Structure was built in 1950 and does not feature historically significant design or architecture. The value of the land exceeds that of the structure itself and can be utilized to improve the DTH. What do you plan to do to mitigate the loss of the landmark structure? o Sign Type of Sign: o Attached Sign o Pole Sign o Temporary Sign o Banner o Monument Sign o Other(Specify) Sign Dimensions: Total Square Footage Will the sign be connected to electricity or lit in any way? YES NO If YES, what is the method of lighting? Will this sign project over a public sidewalk? YES NO If YES, what is the distance from the sidewalk to the bottom of the sign? Have you submitted an application for a Sign Permit to the Building Inspections? YES NO o Fence What is the proposed material and style of fence you intend to install? What is the proposed height of the fence? Are you replacing an existing fence? YES NO If YES, what is the current fence material? Have you submitted an application for a Fence Permit to the Building Inspections? YES NO Provide a detailed description of the nature of the proposed project(attach additional sheets if necessary): 45 01/10/2023 Item I. REQUIRED ATTACHMENTS: o Current photographs of the property o If available, historic photographs of the property o Site Plan indicating the following: o Dimensions of the lot on which the building will be located, including setbacks (check official plat records and Zoning Ordinance) o Location and width of all easements (check official plat records) • Location and dimensions of all existing and proposed buildings, parking areas, and existing signs (if any) • Architect's rendering or elevations of proposed construction o Sample board of materials and colors to be used o Site Plan Fee $250.00 - Check/Card/Cash(Check made payable to City of Wylie) Intended start and finish dates: Start ASAP Finish ASAP I have carefully read the complete application and know the same is true and correct. I understand the ordinances governing the activity described in this application, and I agree to comply with all provisions of the City ordinances, State laws, and all property restrictions, whether herein specified or not. X (Ow r or Aut r' ed Agent) RETU TO: City of Wylie Planning Department 300 Country Club Road, Building 100 Wylie, Texas 75098 (972) 516-6320 46 01/10/2023 Item I. ' Ii �r f LGD Properf es Townhomes ' 3 ✓olume N, Page /.95, MR i 1 S88°21'51"E t [3944' 0' 20' 40' ,_J_____wa.fnc. ''-___„ -1r�_.__,y g1WF N89'36'32"E 66.67' NI "5587" __ __ __ ,4653' Scale: 1"=20' ORF ORF gi 0.077 Acres IL.... Pod of Col J9,SIP B Brawn&Burns (Basis of Bearings) Addition Viol 31,Pq,362.MR N08°22'11"E 20190318000279 y50,,Cal? 8.3' 1.6' 75.64' , 17—5r a St. Lows Southwestern RR Company 1 .468.3• (Port of a tolled 16003 Acre Tract( 2.0' Lot 1> Vol. 5023, Fig. 4107,, CCLR 1 2• file steps 17.65' LGD Properties Townhomes &port of a called 733 Acre Tract t6�+' -284 �/ conapad ( i/alumP N. Page.795, Vol 44 Ng. 204, CCLR 9r S00°0523"E CCMR e)$oOt 74.80' S One Story Frame 04( Residence i Drain / / / s POINT OF / m BEGINNING 5 7 ` 26 a'i/ °'--an-.-11 an 0 TxDOT Man.Fnd.(CM) 1 � e 17.9 L r rf wd fnc it o '. nr_3_�}"" PP ^CIIRF i_ wM .tile '4653" OSCO 58845'42'E 6699' / o G / a ana.pad PAK::steps gi4 CRC* .,F SC0 a a back of curbos — _....—__ -bock of curb -WA_-- 50.57' /a /o --� To Brown StreetZD (Variable Width Right—of—Way) /° PP �aiumnstone "BHMcJ `Lye column / CIRF •� / Legend `� PROPERTY DESCRIPTION CM Controlling Monument CCMR Collin County Map Records SITUATED in the State of Texas,County of Collin and CCLR Colin County rand Records City of Wylie,being port of the Samuel B.Shelby Survey, SCa Sewer Cleanout Abstract No.820,beingpart of Lot 39,Block 8 of Brown SS Street Sgn PP Power Pole and Burns Addition as recorded in Volume 31,Page 362, jLP Light Pole Collin County Land Records,also being described under County ( `SNIFF Storm Drain Manhole Clerk's File No.20190318000279150 of the Collin County Land?. wM water Meter Records with said premises being more particularly described Surveyor's Certificate eow Capped Right-Irwayon ad Found as follows: To: Buyer: Wylie Economic Development Corporation;Seller: Hanif wv IWater re Hydrant BEGINNING at a TxDOT monument found in the north Parupia&Zahida Parupia; Ftle Company ENE Lawyers Title of \ Man. Monument right-of-way line of Brown Street(variable width Texas,Inc.;Insurer: Fidelity National Title Insurance Company. \—on— Overhead ones / right-of-way),the south line of Lot 39,the east line of a \\\ tract of land to St.Louis Southwestern RR Company as I hereby certify that on the 12th day of July 2022,this survey was recorded in Volume 5028,Page 4107 and Volume 44,Page mode on the ground as per the Feld notes shown on the survey 204 of the Collin County Land Records,and marking the and is true,correct,and accurate as to the boundaries and areas Notes: 1)Bearings based on Texas State Plane Coordinate of the subject property and the size,location,and types of southwest corner of the herein described premises; System,North Central Zone 4202(NAD83)2)No port of the THENCE passing through Lot 39,same being the east buildings and improvements thereon,if any,and as to the other subject property s shown to lie within a Special Flood Hazard P 9 9 9 matters shown hereon,and correctly shows the location of all ' P P y P line of said St. Louis Southwestern RR Company tract and the visible easements and rights-of-way and of all rights-of-way, Area inundated by 100-year flood per Map No.48085C0420J of west line of said premises, North 08'22'11"East(Basis of easements,and any other matters of record,or of which I have the F.E.M.A.Rood Insurance Rate Maps for Collin County,Texas Bearings),75.64 feet to a "5587"copped iron rod found knowledge or have been advised,whether or not of record, and Incorporated Areas,dated June 2,2009(Zone X);3)This marking the southwest corner of Lot 10 of LCD Properties affecting the subject property,and the location of all curb cuts survey was performed with the benefit of Title Commitment GF Townhomes as recorded in Volume N,Page 795 of the Collin and driveways,if any. N.It-19135-1901352200437 issued July 12,2022; County Map Records,and the northwest corner of said Except as shown on the survey,there are no encroachments upon premises; the subject property by improvements on adjacent property,there THENCE continuing to pass through Lot 39,and with the are no encroachments on adjacent property,streets,or alleys by south line of Lot 10,same being the north line of said any improvements on the subject property,and there are no premises,South 88'21'51"East,39.44 feet to a capped iron conflicts or discrepancies. / /�,//�,/ rod found marking the northwest corner of Lot 11 of LCD Title Survey eY Properties Townhomes,and the northeast corner of said Both vehicular and pedestrian ingress to and egress from the premises,from which a "4653"capped iron rod found marking subject property is provided by Brown Street,which abut(s)the 0.077Aere Tract the northeast corner of Lot 11, bears North 89'36'32"East, subject property,and is physically open and being used 66.67 feet; This survey complies with the current Texas Society of Professional THENCE continuing to pass through Lot 39,and with the Surveyors Standards and Specifications for a Category 7A,Condition 200 W Brown Street west line of Lot 11,and the east line of said premises, p Survey. South 00'05'23"East,74.80 feet to o"4653"copped iron rod Samuel B. Shelby Survey,Abstract No. 820 found in the north right-of-way line of Brown Street,the south line of Lot 39, marking the southwest corner of Lot 11, City o f Wylie, Collin County Texas and the southeast corner of said premises,from which a City Wylie, Collin County / BH&C capped iron rod found marking the southeast corner of �. Lot 11 and the southeast corner of Lot 39,bears South (P'k-,...TETFy_. 88°45'42"East, 66.99 feet; ��--+w ^ /g:G q'9S+ THENCE with the north right-of-way line of Brown . ... w- Jf•' j ,••Q-d`' Fat k Revised:7.26.2022 PAAC\202203\AC894993.dwg Street and the south line of Lot 39,North 88'45'42"West, F.E.Bemenderfer Jr / . pp 50.57 feet to the place of beginning and containing 0.077 Registered Professional Land F.E. BEMENDERFER JR. �i acres of land. Surveyor No 4051 / • 3 :qo 4051 +P,•• i /' Land Surveying i FESS...... y P(. 2000 Avenue G,Suite 810 N� SURNE� Plano,Texas 75074 ,.' Phone(972)423-4372/Fax(972)423-7523 www.roomesurveyinq.corn/Firm No.10013100 47 4801/10/2023 Item I. 49 01/10/2023 Item I. 50 01/10/2023 Item I. 51 01/10/2023 Item I. 5201/10/2023 Item I. 53 01/10/2023 Item I. 54 01/10/2023 Item I. 55 01/10/2023 Item I. Wylie City Council AGENDA REPORT Department: Purchasing Account Code: Various Accounts Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of uniform clothing, footwear, and uniform services from Cintas Corporation in the estimated annual amount of $50,000.00 through an annual cooperative purchasing contract with OMNIA Partners Purchasing Cooperative, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve the Item as presented. Discussion Cintas Corporation is a major supplier and is able to provide quality items including safety clothing, outerwear, uniform pan ts, shirts, and footwear, as well as rental services. Approval of this item will establish an annual agreement with renewals, for the purchase of uniform items and services by multiple City departments, and staff recommends the purchase as providing the best overall value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Wylie Agreement #W2023-23-I / Omnia Partners # 222866 56 01/10/2023 Item J. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins, AICP Subject Tabled from 12-13-2022 Remove from table and consider Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (PD-SUP) to allow for an auto sales use on 1.27 acres located at 2021 N. State Highway 78 (ZC 2022- 15). Recommendation Motion to approve the Item as presented. Discussion OWNER: Juwaiter Muhammad APPLICANT: McRight Smith On December 13, 2022 the City Council tabled this item in order for staff to discuss with the applicant the financing side of the automotive sales use. The applicant has stated that all financing will be off-site; therefore, the SUP conditions have been updated to ensure that an alternative financial institution will not be allowed on the site. PREVIOUS REPORT (for reference) The applicant is requesting to rezone 1.27 acres located at 2021 N. State Highway 78. The current zoning is Commercial Corridor (CC) and the requested rezoning is Commercial Corridor - Special Use Permit (CC-SUP) to allow for vehicle sales and display. The current development on the subject property contains a minor automobile repair use. The site plan for this development was approved in October 2019. The property owner is requesting for the allowance of office space within the existing building and 10 existing parking spaces on the existing lot to be used for vehicle sales as shown in the zoning exhibit. The Special Use Permit conditions state that vehicle sales shall only be permitted as an accessory use to the minor automobil e repair business. Should the auto repair use cease, the zoning reverts back to CC only. Additionally, SUP conditions limit vehicle sales to passenger vehicles. The conditions also allow for both the minor automobile repair use and vehicle sales use to be parked at a ratio of 1:400. The development exceeds this parking requirement by providing 24 spaces, two being handicapped. The proposal is not affecting any existing landscaping or fire lane access easements. The properties adjacent to the subject property are zoned commerc ial. The subject property lies within the Regional Commercial sector of the Comprehensive Land Use Plan. The proposed zoning is compatible with the Plan. 57 01/10/2023 Item 1. Notices were sent to 11 property owners within 200 feet as required by state law. At the time of pos ting no responses were received in favor or in opposition of the request. P&Z Recommendation The Commission voted 6-1 to recommend approval. The dissenting commissioner stated that he did not think the use was appropriate in that area. 58 01/10/2023 Item 1. 59 01/10/2023 Item 1. Wylie Auto & Tire Shop Lot 1, Block A EXHIBIT “B” Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a limited accessory Vehicle Display, Sales, or Service Use and the continued use of a Automobile Repair, Minor use. II. GENERAL CONDITIONS: 1. The site shall be developed and uses allowed shall be in accordance with Commercial Corridor (CC) design standards, as provided in Article 4 and 5 of the City of Wylie Zoning Ordinance as adopted April 2021, except as specifically provided herein. 2. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 3. The design and development of the Wylie Auto & Tire Shop Lot 1, Block A development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. The Automotive Repair, Minor use shall become legally conforming. 2. Vehicle Display, Sales, and Service shall be allowed, only as an accessory use to the Automobile Repair, Minor Use and shall only be allowed until the main use ceases. a. The Vehicle Display, Sales, and Service Use shall apply to new and used passenger automobiles, sport utility vehicles, and light trucks only. b. The above use shall be prohibited from providing financial services for the purchase, lease, or transfer of vehicles. Financial services, if required, shall be provided through third parties. c. Servicing of said vehicles shall be limited to those services allowed under the Automotive Repair, Minor Use. d. A maximum of 10 parking spaces for auto sales shall be allowed as depicted on Lot 1, Block A of the Zoning Exhibit (Exhibit C) 3. The overall parking for the site shall be at a ratio of 1:400 requiring a minimum of 23 parking spaces. 60 01/10/2023 Item 1. 4. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the development. Approval of the SUP shall act as site plan approval. 61 01/10/2023 Item 1. 6201/10/2023 Item 1. 63 01/10/2023 Item 1. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins, AICP Subject Hold a Public Hearing, consider, and act upon, Ordinance No. 2023-03 regarding an Amendment to the City of Wylie Zoning Ordinance, Article 5.1 Land Use Charts and Article 5.2 Listed Uses as they relate to Accessory and Temporary Uses of Donation Boxes (ZC 2022-19). Recommendation Motion to approve the Item as presented. Discussion At the November 2022 City Council meeting a work session was held on a potential amendment to the Zoning Ordinance regarding donation boxes. Staff presented proposed amendments which Council generally agreed on and asked staff to finalize the amendments for adoption. Attached are the proposed amendments, including the addition of allowing one donation box per five acres on large developments. Donation boxes are usually large metal containers and sometimes trailers that are placed on existing commercial or industrial lots for the collection of unwanted clothes and other small household items. The sites can be both attended or, more likely, unattended. It is generally the unattended locations that are of concern. An unattended donation box can become a public nuisance when donations overflow into the area around the box or include items that are appropriate for d onation, such as used mattresses. Currently, donation box placement is regulated under the temporary use category of the Zoning Ordinance and the Health and Sanitation Chapter of the City ordinance. However, neither donation boxes nor the specific conditions for them are in either ordinance, which can make regulation open to interpretation. The proposed amendments codify the regulations and allow for donation boxes as permanent accessory or temporary uses, give requirements for placement and maintenance, a nd provide for City enforcement and penalties. The adoption of the attached Ordinance makes the appropriate amendments; and provides a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. P&Z Recommendation The Commission voted 5-0 to recommend approval. 64 01/10/2023 Item 2. Ordinance No. 2023-03 Amending Ordinance No. 2006-04, Article 5 Use Regulations (ZC 2022-19) Page 1 of 2 ORDINANCE NO. 2023-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2006-04 OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS AMENDED), ARTICLE 5, USE REGULATIONS; AMENDING CERTAIN REGULATIONS RELATING TO ACCESSORY, AND TEMPORARY DEVELOPMENT STANDARDS OF DONATION BOXES IN THE CITY OF WYLIE; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas (“Wylie”) to amend Article 5, Use Regulations, of Ordinance No. 2006-04, the Zoning Ordinance, as amended, to amend regulations relating to Accessory and Temporary Development Standards of Donation Boxes in the City of Wylie; and WHEREAS, the City Council finds that this Ordinance contains textual amendments to the Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to individual property owners is not legally required; and WHEREAS, the City Council finds that all legal notices required for amending the Zoning Ordinance have been given in the manner and form set forth by law, public hearings have been held on the proposed amendments and all other requirements of notice have been fulfilled; and WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Article 5, Use Regulations of Wylie’s Zoning Ordinance, Ordinance No. 2006-04, are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference for all purposes. SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. 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: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof 65 01/10/2023 Item 2. Ordinance No. 2023-03 Amending Ordinance No. 2006-04, Article 5 Use Regulations (ZC 2022-19) Page 2 of 2 irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2023. ________________________________ Matthew Porter, Mayor ATTEST: __________________________ Stephanie Storm, City Secretary DATE OF PUBLICATION: January 18, 2023, in The Wylie News 66 01/10/2023 Item 2. ZONING ORDINANCE ARTICLE 5: USE REGULATIONS 70 SECTION 5.1 LAND USE CHARTS Permitted Uses Residential Districts Non-Residential Districts Parking Low Density High Density Commercial Industrial Mixed-Use J. Accessory Uses AG/ 30 SF- ED SF- 20/ 26 SF- 10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 12. Accessory Donation Box P P P None P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required Permitted Uses Residential Districts Non-Residential Districts Parking Low Density High Density Commercial Industrial Mixed-Use K. Temporary Uses AG/ 30 SF- ED SF- 20/ 26 SF- 10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 2. Donation Box P P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 67 01/10/2023 Item 2. ZONING ORDINANCE ARTICLE 5: USE REGULATIONS 71 SECTION 5.2 LISTED USES All permitted districts, required parking, and loading are outlined in Section 5.1 Land Use Charts. J. Accessory Uses 12. Accessory Donation Box a. Definition: Donation Box means a container for the collection of household items generally accepted as resalable or reusable. The container may be manned or unmanned. b. Additional Provisions: Donation Boxes shall meet the following standards: (1) Donation Boxes are permitted only in areas designated on the site plan filed with the City. The City Planner shall have the authority to approve or disapprove the addition of Donation Boxes exhibits when presented as an amendment to an approved site plan of the primary use. The City Planner may waive this authority and require consideration of the amendment by the Planning and Zoning Commission. (2) No more than one (1) donation box may be permitted for placement on any one lot. In the case of a commercial or industrial development that consists of multiple platted lots, the City Planner shall treat the commercial development as if it is one contiguous lot. However, the City Planner can allow for more than one donation box per development up to one box per five (5) acres. (3) A decal to allow a Donation Box to be placed and used at a designated location shall be issued by Community Services at the time of the approval of the Site Plan or amendment. The decal shall be placed on the Donation Box in a visible location to identify the Donation Box as an allowed use on the property, the operator's name and contact information, and that all donations must fit into and be placed within the Donation Box. (4) The maximum dimensions of a Donation Box shall be ten (10) feet in width, twelve (12) feet in depth and seven (7) feet in height. If the Donation Box is a manned trailer the depth and height may be increased to twenty-four (24) feet and eight (8) feet, respectively. (5) Donation Boxes shall not be located in a required parking or loading space, designated landscaping or open space, or required setbacks. (6) Donation Boxes shall not be placed in the rear of a site, and if placed in the side of a site must not be further back than the midpoint. (7) The operator of each Donation Box shall keep the real property situated within twenty-five (25) feet of the location of a Donation Box clean and free of trash, debris, coat hangers, clothes, clothing accessories or excess donations. The Donation Box shall be kept in good condition, free from damage and graffiti. (8) A violation of any of these provisions shall constitute a public nuisance, and the City shall have the authority to issue a violation notice, issue a ticket, or abate 68 01/10/2023 Item 2. ZONING ORDINANCE ARTICLE 5: USE REGULATIONS 72 any such violation as such as allowed under Article IV Section 54-66 of the City of Wylie’s Code of Ordinances. This provision does not exclude or limit the use of any other remedy available to the City under this Ordinance, the Code of Ordinances or the laws of the State of Texas. (9) The requirements of this Subsection shall apply to all Donation Boxes regardless of whether the boxes were placed prior to the effective date of these regulations, except that any Donation Boxes existing on the effective date of these regulations shall come into compliance with the requirements of this Subsection 5.2.H.11(1- 6) not later than six (6) months after the effective date of these regulations. Donation Boxes existing on or before the effective date of these regulations shall have no legally existing non-conforming rights and shall comply with the requirements of SudSections 5.2.H.11(7-9) immediately. K. Temporary Uses 2. Temporary Donation Box a. Definition: Donation Box means a container for the collection of household items generally accepted as resalable or reusable. The container may be manned or unmanned. b. Additional Provisions: Donation Boxes shall meet the following standards: (1) Donation Boxes are permitted only in areas designated on the application filed with the City. (2) No more than one (1) donation box may be permitted for placement on any one lot. In the case of a commercial or industrial development that consists of multiple platted lots, the City Planner shall treat the shopping center or office development as if it is one contiguous lot. However, the City Planner can allow for more than one donation box per development up to one box per five (5) acres. (3) A decal to allow a Donation Box to be placed and used at a designated location shall be issued by Community Services at the time of the approval of the Temporary Use Permit. The decal shall be placed on the Donation Box in a visible location to identify the Donation Box as an allowed use on the property, the operator's name and contact information, and that all donations must fit into and be placed within the Donation Box. (4) The maximum dimensions of a Donation Box shall be ten (10) feet in width, twelve (12) feet in depth and seven (7) feet in height. If the Donation Box is a manned trailer the depth and height may be increased to twenty-four (24) feet and eight (8) feet, respectively. (5) Donation Boxes shall not be located in a required parking or loading space, designated landscaping or open space, or required setbacks. (6) Donation Boxes shall not be placed in the rear of a site, and if placed in the side of a site must not be further back than the midpoint. 69 01/10/2023 Item 2. ZONING ORDINANCE ARTICLE 5: USE REGULATIONS 73 (7) The operator of each Donation Box shall keep the real property situated within twenty-five (25) feet of the location of a Donation Box clean and free of trash, debris, coat hangers, clothes, clothing accessories or excess donations. The Donation Box shall be kept in good condition, free from damage and graffiti. (8) A violation of any of these provisions shall constitute a public nuisance, and the City shall have the authority to issue a violation notice, issue a ticket, or abate any such violation as such as allowed under Article IV Section 54-66 of the City of Wylie’s Code of Ordinances. This provision does not exclude or limit the use of any other remedy available to the City under this Ordinance, the Code of Ordinances or the laws of the State of Texas. (9) The requirements of this Subsection shall apply to all Donation Boxes regardless of whether the boxes were placed prior to the effective date of these regulations, except that any Donation Boxes existing on the effective date of these regulations shall come into compliance with the requirements of this Subsection 5.2.H.11(1-6) not later than three (3) months after the effective date of these regulations. Donation Boxes existing on or before the effective date of these regulations shall have no legally existing non-conforming rights and shall comply with the requirements of SubSections 5.2.H.11(7-9) immediately. 70 01/10/2023 Item 2. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins, AICP Subject Hold a Public Hearing, consider, and act upon, a change in zoning from Downtown Historic District (DTH) to Downtown Historic District - Special Use Permit (DTH-SUP) to allow for a brewery, food truck park, and events center within the Downtown Historic District, property located at 106 N. Birmingham Street (ZC 2022-16). Recommendation Motion to approve the Item as presented. Discussion OWNER: Wylie Economic Development Corporation APPLICANT: Glen Echo Brewing The applicant is requesting a Special Use Permit to allow for a brewery, food truck park, and events center use at 106 N. Birmingham Street. The SUP conditions allow the Brewery, Food Truck Park, and Events Center as uses, while setting hours of operation, parking requirements, and design standards. The applicant is proposing alterations to the facade of the structure, the addition of a shade cover over the current parking area, and other minor improvements. The SUP standards eliminate the distance requirement from any existing or future schools, churches, or alcohol establishments. Normally, those distance requirements are 300 feet. The applicant is requesting that no parking be required on site. There are 22 off -street parking spaces within 150 feet, 75+ additional within 300 feet, and Oak Street is wide enough to allow for some on-street parking. The applicant is requesting that the company's trademark colors be allowed in the design of the building. Those colors are generally represented in the Zoning Exhibit. Any color may be submitted for approval, and selection of a historic color is not a guarantee of approval by the HRC. Building style, location, and neighboring structures will be taken into consideration. The properties adjacent to the subject property are commercial uses. The subject property lies within the DTH area of the Comprehensive Land Use Plan and is compatible with the Plan. While staff does have concerns regarding the current parking situation and the requested hours of operation, the use will likely be beneficial to the vibrancy of the DTH and therefore recommends approval. HRC Discussion The HRC discussed the zoning request at their November 17, 2022 meeting, ultimately voting 5-0 to recommend approval with conditions on the hours of operation being restricted to closing at 9 p.m. Monday through Thursday and closing at 12 a.m. on Friday through Sunday. The Commission also had recommendations on the height of the sign not being taller than the adjacent properties rooflines. 71 01/10/2023 Item 3. P&Z Recommendation The Commission voted 5-0 to recommend approval. Notices were sent to 13 property owners within 200 feet as required by state law. At the time of posting one response was received in favor and one in opposition of the request. 72 01/10/2023 Item 3. 73 01/10/2023 Item 3. EXHIBIT “A” Special Use Permit – Downtown Historic District (DTH) 106 N Birmingham Street ZC 2022-16 I. PURPOSE: 1. The purpose of this Special Use Permit is to allow for the Brewery, Brew Pub, Food Truck Park, and Events Center uses within the Downtown Historic District using the existing building located at 106 N Birmingham Street 2. By definition, a Brewery and Brew Pub, unless otherwise preempted by state law, is a facility for the manufacture, packaging, labeling, storage, distribution, and selling for on- and off- premises consumption of beer and malted beverages. II. GENERAL CONDITIONS: 1. This exhibit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021 and amended April 2022), except as specifically provided herein. 2. The design and development of the Brewery shall be in accordance with Section III below and the Zoning Exhibit (Exhibit B). III. SPECIAL CONDITIONS: A. Permitted Uses 1. This SUP will allow Brewery & Brew Pub as a permitted use within Downtown Historic District as follows: ● Beer and/or wine may be sold for on- and off-premises consumption in accordance with the Texas Alcohol Beverage Code, as it exists or may be amended. ● The total revenue from the sale of beer and/or wine may be up to 100% of the total revenue of the business. ● The location of the use shall not be restricted by the distances to other Beer & Wine Package Sales establishments, churches, schools, city parks, or residences, as defined in Section 5.2.F.23 or any other distance restriction to other businesses defined in the Zoning Ordinance. 74 01/10/2023 Item 3. ● The manufacturing of beer and/or malt beverages will be allowed on site. The production and packaging of beer and/or malt beverages will take place inside the facility, however, the fermentation process may be allowed to take place in specially designed tanks located outside the building. If outside tanks are used in the future, they will be secured by fencing but not screened from public view as they add to the aesthetic of the Brewery. Fencing will consist of chain link or similar open-web wire mesh material secured to a metal frame and located in close proximity to the tanks. 2. The Food Truck Park Use shall be allowed on site to provide service during the defined hours of operation of the Brewery. 3. The Events Center Use shall be allowed on site. Some or all the site may be used to host a private event, celebration, ceremony, reception, corporate function, or similar activity subject to a use agreement between a private group or individual and the facility owner. 4. Hours of operation for the purpose of serving customers or events shall be limited to the following hours of operation for the sale of beer and wine as allowable by the Texas Alcoholic Beverage Commission, currently: ● 8:00 AM – 9pm Monday thru Thursday ● 10:00 AM – midnight on Friday-Sunday Hours of operation for the manufacture, packaging, labeling, storage, and distribution of beer and malted beverages may extend outside of these times and will be limited to activities inside the facility if occurring during non-standard hours. B. Downtown Historic District Development and Design Standards 1. Site Design Standards ● The shade cover proposed shall be constructed within 4 feet of the front property line. ● Parking for Nonresidential Uses – Onsite parking will not be required for the subject property. 2. Architectural Design Standards – 75 01/10/2023 Item 3. ● The color palette for the building shall be in general compliance with the exhibits provided in Attachment C, which match the trademarked colors of the proposed Craft Brewery and add to the image and appeal of the structure. 3. Signs – The provisions of Section 6.3 of the Zoning Ordinance shall not apply to this SUP and shall be replaced with the following: ● Signs shall be constructed of materials that are not subject to deterioration as determined by the International Building Code and/or the City of Wylie Building Official. Internally illuminated signs must be constructed of non-combustible material or approved plastics. ● A single, decorative sign will be allowed to be installed on the roof, above the cornice line of the building face, similar to the exhibits contained in Attachment C. The maximum allowable area of this sign shall not exceed 100 square feet and the sign shall be limited in height to the top of the adjacent buildings. ● Additional signage, including artwork and murals, will be allowed on all building facades. Content of such artwork shall be related to the business and/or the historic nature of the City of Wylie. IV. General Development Regulations 1. Screening of mechanical equipment is not required for this existing structure. 2. Residential Style Trash receptacles will be placed behind the existing building without screening. 3. A Traffic Management Study will not be required. 4. The requirements of Section 7.7 Landscape Requirements do not apply. 76 01/10/2023 Item 3. SITE PLAN106 N. BIRMINGHAM ST.9/26/22PROPERTY OWNER:WYLIE EDC250 S SH 78WYLIE, TX 75098(972) 442-7901JASON@WYLIEEDC.COMDRAWINGS PREPARED BY:STEVEN P. SCHOENEKASE, PE7289 MOSS RIDGE ROADPARKER, TX 75002(214) 649-7742SCHOENEKASE@VERIZON.NETPROPOSED SITE PLANEXISTING SITE PLAN3RWHQWLDO)RRG7UXFN3DUNLQJ7701/10/2023 Item 3. BIRMINGHAM RENDERS106 N. BIRMINGHAM ST.9/26/22NW PERSPECTIVESW PERSPECTIVEPATIO PERSPECTIVEWEST ELEVATION (FRONT)PROPERTY OWNER:WYLIE EDC250 S SH 78WYLIE, TX 75098(972) 442-7901JASON@WYLIEEDC.COM7801/10/2023 Item 3. 79 01/10/2023 Item 3. 80 01/10/2023 Item 3. 81 01/10/2023 Item 3. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Renae’ Ollie Subject Hold a Public Hearing, consider, and act upon, a change in zoning from Downtown Historic District – Residential only to allow Commercial and/or Residential uses, located at 280 W. Brown Street within the Downtown Historic District (ZC 2022-18). Recommendation Motion to approve the Item as presented. Discussion Owner: Wylie Economic Development Corporation Applicant: Jason Greiner, WEDC In accordance with Section 6.3 of the Zoning Ordinance, the DTH district allows for both commercial and/or residential uses in the same structure. However, some properties are restricted to residential uses only as adopted by Ordinance No. 2015-08. Residential only properties were those lots west of Keefer to Cotton Belt and those properties located north of Brown, west of the railroad tracks. This request is to rezone 280 W. Brown Street from DTH-residential only to DTH-commercial and/or residential. In March 2022, the adjacent lot at 401 N. Keefer was rezoned by Ordinance No. 2022-25 to allow for commercial and/or residential uses. The subject property consists of one lot and is bordered on the east by St Louis Southwestern Railroad. The Wylie Economic Development Corporation is the owner of both the subject property and the adjacent lot at 401 N. Keefer. Any new development or renovations would continue to adhere to current design standards and allowed uses of the DTH regulations. In block faces within the District that are currently developed with residential structures, new construction shall be of historic design. HRC Discussion The HRC discussed the zoning request at their November 17, 2022 meeting, ultimately voting 5-0 to recommend approval. P&Z Discussion The Planning and Zoning Commission had no questions and voted 5-0 to recommend approval as presented. Notifications were mailed to 24 surrounding property owners with one response received in favor of the request. 82 01/10/2023 Item 4. 83 01/10/2023 Item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he below information (Lot, Block, Subdivision, and Frontage) can be obtained on the County Appraisal District’s website by entering the physical address of the property: http://collincad.org or http://dallascad.org or http://rockwallcad.org If you do not have access to the Internet or cannot locate this information on the website, contact the Planning Department at (972)516-6320 for assistance.  &XUUHQW=RQLQJBBBBBBBBBBBBBBBB …'RZQWRZQ+LVWRULF'LVWULFW …6RXWK%DOODUG2YHUOD\'LVWULFW …2WKHUBBBBBBBBBBBBBBBBBBBBBBBBBB  :\OLH('& 6+Z\:\OLH7; MDVRQ#Z\OLHHGFFRP :\OLH('& 6+Z\:\OLH7; MDVRQ#Z\OLHHGFFRP QD QD /RWSXUFKDVHGIURP83WREHDGGUHVVHGDV:%URZQ DGMDFHQWWR.HHIHUIXWXUH:%URZQ 5HVLGHQWLDO [  :KLFK'LVWULFWLVWKHSURSHUW\ORFDWHGZLWKLQ" .476 acre lot in Samuel B Shelby Survey, Tract 51 x 84 01/10/2023 Item 4. 6&23(2):25. 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Wylie City Council AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Resolution No. 2023-01(R) establishing a public newspaper of general circulation to be the “Official Newspaper” for the City of Wylie. Recommendation Motion to approve, Resolution No. 2023-01(R) establishing the _________ as the “Official Newspaper” of the City of Wylie. Discussion There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. (a) Designating Official Newspaper. The publication must be a newspaper as defined by §2051.044(a), Government Code. The section defines the term newspaper as: (1) devote not less than 25 percent of its total column lineage to general interest items; (2) be published at least once each week; (3) be entered as second-class postal matter in the county where published; and (4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. (b) Publication of Notice in Newspaper. Where a law, which requires or authorizes the publication of a notice in a newspaper by a municipality, and does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published, the above requirements pertain; additionally, a municipality shall publish notices in a newspaper that is published in the municipality, and which meets the above requirements and will publish the notice at or below the legal rate. If no newspaper published in the municipality meets these requirements, then the municipality shall publish the notice in a newspaper that is published in the county in which the municipality is located and will charge the legal rate or a lower rate. GC §2051.048. Publication rates for the Dallas Morning News have not changed from 2019 and are $5.55/per line for $3,000/yr., $2.70/per line for $10,000/yr., and $5.55/per line with contract ($3,000/yr.). The Wylie News Legal Notices increased from $3.39 to $3.82 per line, Classified Rates increased from $16.99 to $17.99 per column inch, and Display Rates increased from $16.00 to $17.00 per column inch. The City of Wylie Home Rule Charter additionally states in Article X1, Section 2; The City Council shall declare an official newspaper of general circulation in the city. All captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be pu blished in the official newspaper. The Wylie News and Dallas Morning News meet the criteria for the official publication as provided by the statute. 92 01/10/2023 Item 5. Resolution No. 2023-01(R) Establishing Official Newspaper 2023 Page 1 of 1 RESOLUTION NO. 2023-01(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE. WHEREAS, Section 52.004, Local Government Code, requires the City Council of the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the _________is a public newspaper of general circulation and: (1) devote not less than 25 percent of its total column lineage to general interest items; (2) be published at least once each week; (3) be entered as second-class postal matter in the county where published; and (4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. WHEREAS, the City Council finds that the ___________is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Wylie; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: (1) The __________is designated as the official newspaper for the City of Wylie for Fiscal Year 2023, commencing January 1, 2023. (2) This Resolution is effective immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this 10th day of January, 2023. _______________________________ Matthew Porter, Mayor ATTEST: ______________________________ Stephanie Storm, City Secretary 93 01/10/2023 Item 5. PUBLICATION COST SUMMARY January 2023 DALLAS MORNING NEWS Legal Notices (Ordinance Captions, Public Hearings P&Z) Full Dallas Morning News Open $14.00 per line/$35 liner-$45 display online Full Dallas Morning News ($3,000/yr) $5.55 per line/$35 liner-$45 display online Full Dallas Morning News ($10,000/yr) $2.70 per line/$35 liner-$45 display online Classified Rates (Election Notices) Full DMN only $14.00 per line/$35 liner-$45 display online With Contract ($3,000/yr.) $5.55 per line/$35 liner-$45 display online Display Rates (Budget/Tax Notices) Open $3,500.00* (1/4 page-Mon, Tues, Wed) $4,000.00* (1/4 page-Sunday) THE WYLIE NEWS Legal Notices (Ordinance Captions, Public Hearings P&Z) Rate $3.82 per line (display online included) Classified Rates (Election Notices) $17.99 per column inch (includes both print and digital e-edition) Display Rates (Budget/Tax Notices) $17.00 per column inch (includes both print and digital e-edition) CIRCULATION WITHIN THE CITY Dallas Morning News (for zip code 75098) 2,782 (Mon/Sat paper) 4,258 (Avg. Circulation Sunday) All legal notices also publish online at dallasnews.com and mypublicnotices.com with nine million unique visitors to dallasnews.com each month The Wylie News (Wylie) 5,923 (The Wylie News) Includes circulation in Collin, Dallas and Rockwall counties The Wylie News - Notices are published in the 12,402 (Wylie/Sachse/Murphy) Murphy/Sachse/Wylie editions Public notices are also included in C&S Media Publications digital platforms which average over 525,000 visitors per month. All public notices are also included on texaspress.com and can be accessed by anyone. 94 01/10/2023 Item 5.