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06-26-2001 (City Council) Minutes MINUTES Wylie City Council Tuesday, June 26, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL-TO-ORDER Council Present: Mayor John Mondy, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman J.C. Worley. Councilman Joel Scott,Councilman Merrill Young and Councilman Chris Trout were absent. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager, Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. LOCATION&-PLEDGE OF ALLEGIANCE Councilman Hogue was asked to provide the Invocation and Councilman Worley was asked to lead the Pledge of Allegiance. OATHOF OFFICE The Mayor administer the Oath of Office to newly appointed and reappointed Board and Commission Members. CONSENT = _ _ - — _ A. Consider and at upon approval of final acceptance of the Newport Harbor Pump Station, and authorize final payment to Triple D Inc., in the amount of$25,563.19 and accept the project as complete. B. Consider and act upon an Ordinance amending Ordinance No. 2001-22 establishing a license agreement with Aerie Network Services,Inc. C. Consider and act upon a Resolution authorizing the Mayor to enter into a contract with Linebarger Heard Goggan Blair Graham Pena Sampson,LLP,Attorneys at Law,in association with Nichols, Jackson,Dillard,Hager&Smith,LLP,Attorneys&Counselors at Law,for professional services in the collection of delinquent ad valorem taxes for the City of Wylie,Texas. Councilman Hogue made a motion to approve Consent Agenda Items A,B,and C. Councilman Worley seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. IlYDIVIDUAL CONSIDERATIONANDACTiON 1. Consider and act upon awarding a contract for the provision of Wrecker Service. Police Chief, Jeff Butters provided Council with a brief background on the request to award the Wrecker Service contract to Wylie Auto Towing. Councilman Worley made a motion to approve awarding the contract for the provision of Wrecker Service to Wylie Auto Towing. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 1 2. Consider and act upon awarding the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Robert Diaz, Assistant Superintendent for the Parks and Recreation Department addressed this item providing Council with a brief history of the request. Mr. Diaz stated that Pepsi would be replacing five score boards and would be providing two in addition,upon completion of Founders Park Councilman Hogue made a motion to award the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout were absent PubliG_ 3. Hold the second of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey,Abstract No.23 and the Aaron West Survey,Abstract No.979 and located east of F.M.544 and South of Stone Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing 4. Hold the second of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey,Abstract 688,and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing 5. Hold the second of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W.Williams Survey,Abstract No.980 and located east of S.Ballard and north of Elm Street. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing At 6:13 p.m., the Mayor than announced that the Council would convene into Executive Session in accordance with Section-551.071Consultation with Attorney to discuss issues related to the Planning Items on this evening's agenda. Minutes of June 26,2001 Wylie City Council Page 2 There was no action taken as a result of the executive session. The Mayor then reconvened into Regular Session at 7:03 p.m. Planning Items 6. Consider and act upon a Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, the M. Phelan, Survey, Abstract No. 695, and the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Mr. Claude Thompson addressed this item providing Council with a brief history of the request for final plat and waiver of alley approval. Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 2A Addition includes 70.383 acres and will create 226 single-family residential lots and that the Plat will also create two public parks totaling approximately 5 acres, as well as parts of the Sanden Boulevard, Westgate Way and Ann Drive collector streets. The property is zoned Single Family-3 Residential(SF-3),requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. Mr. Thompson stated that on June 15, 1999, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 2 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for traffic congestion,open drainage and park land dedication. However,the City Council approved the Preliminary Plat on July 13,1999,as Phase 2 of the Birmingham Farms Addition. That earlier-approved Preliminary Plat totaled approximately 78.8 acres and included an additional 64 Two-Family(2F)Residential lots on 23.7 acres as well as 219 Single-Family-3 (SF-3) lots on 55.1 acres. The Final Plat under current consideration is the SF-3 portion of the approved Preliminary Plat, and the 2F portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Mr. Thompson stated that Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. He stated that the City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." Mr. Thompson stated that the applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. On June 5,2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2A because it lacked the required alleys,and did not adequately address concerns of open drainage and traffic access and circulation. An initial motion to approve with some alleys as proposed by the applicant died for lack of a second.Mr.Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement and that the applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Mayor confirmed with the City Attorney that it would require a majority vote,(4-0)for Council to override the denial by the Commission. Councilman Worley made a motion to approve the Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,the M Phelan,Survey,Abstract No. 695,and the D.Williams Survey,Abstract No. 1021,City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Minutes of June 26,2001 Wylie City Coundi Page 3 Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. 7. Consider and act upon a Final Nat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D.Williams Survey, Abstract No.1021,City of Wylie,Collin County,Texas,being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Mr.Claude Thompson addressed this item providing Council with a history of the request. Mr.Thompson stated that the Final Plat of the Birmingham Farms Phase 2B Addition includes 22.973 acres and will create 65 two-family residential(duplex)lots. The property is zoned Two-Family Residential(2F),requiring a minimum lot size of 8,500 square feet. All of the proposed lots significantly exceed the minimum required size. Mr. Thompson stated that at their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 2 of the Birmingham Farms Addition, following the City staff's recommendation of denial. Staff and Commission expressed concern for traffic congestion,open drainage and park land dedication. However,the City Council approved the Preliminary Plat on July 13, 1999, as Phase 2 of the Birmingham Farms Addition. That earlier-approved Preliminary Plat totaled approximately 78.8 acres and included an additional 219 Single-Family-3(SF-3)lots on 55.1 acres as well as 64 Two-Family(2F)Residential lots on 23.7 acres. The Final Plat under current consideration is the 2F portion of the approved Preliminary Plat, and the SF-3 portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Mr. Thompson stated that Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2B, because it failed to provide the required alleys. Mr.Thompson stated that staff recommends approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Hogue made a motion to approve the Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County,Texas,being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Count Page 4 8. Consider and act upon a Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd.as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Mr. Claude Thompson addressed this item providing Council with a brief history of the request. Mr.Thompson stated that the Final Plat of the Birmingham Farms Phase 3A Addition includes 62.885 acres and will create 174 single-family residential lots. The Plat will also create a 5.3-acra public park,as well as part of the Park Boulevard collector street. The majority of the property is zoned Single Family-2 Residential(SF-2),requiring a minimum lot size of 8,500 square feet. The eastern portion of the property is zoned Single-Family-1 Residential (SF-1), requiring a minimum lot size of 10,000 square feet. At their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 3 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However,the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled approximately 116.4 acres and included 303 Single-Family-2(SF- 2)Residential lots and 54 Single-Family-1 (SF-1)as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council.Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5,2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3A. An initial motion to recommend approval with the addition of some alleys as proposed by the applicant died for lack of a second. Mr. Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. He stated that the applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve the Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,and the C.McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 5 9. Consider and act upon a Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys,being all of a certain 45.182 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd.as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Mr. Claude Thompson provided Council with a brief history of the request. Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 3B Addition includes 45.182 acres and will create 149 single-family residential lots. The majority of the property is zoned Single Family-2 Residential(SF-2),requiring a minimum lot size of 8,500 square feet. The eastern portion of the property is zoned Single Family-1 Residential (SF-1), requiring a minimum lot size of 10,000 square feet. At their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 3 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled approximately 116.4 acres and included 303 Single Family-2(SF- 2)Residential lots and 54 Single Family-1 (SF-1)as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5,2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3B. Staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Hogue made a motion to approve the Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys,being all of a certain 45.182 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,and the C.McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. 10. Consider and act upon a Final Plat for the Meadows of Birmingham Addition,including a waiver of alleys,being all of a certain 61.997 acre tract of land situated in the M.Phelan Survey,Abstract No.695,and the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Minutes of June 26,2001 Wylie City Council Page 6 Mr. Claude Thompson addressed this item providing a brief background on the request. Mr. Thompson stated that the Final Plat of the Meadows of Birmingham Addition includes 61.997 acres and will create 216 single- family lots. The Plat will also create two public parks totaling appioximately 7 acres, as well as parts of the Westgate Way and Ann Drive collector streets. The property is zoned Single Family Residential-3 (SF-3), requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. At their June 1, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase I of the Birmingham Farms Addition, expressing concern for traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. However,based on the staff's recommendation that the Plat complied with all applicable subdivision regulations and other applicable ordinances of the City of Wylie,the City Council approved the Preliminary Plat on June 22, 1999, as Phase I of the Birmingham Farms Addition. That earlier-approved Preliminary Plat contained approximately 65.3 acres and created 219 lots,but did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. The applicant must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 6-0 to deny the Final Plat for the Meadows of Birmingham because it did not provide the required alleys and did not adequately address drainage concerns. Mr. Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the sizes of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve Final Plat for the Meadows of Birmingham Addition,including a waiver of alleys,being all of a certain 61.997 acre tract of land situated in the M Phelan Survey,Abstract No. 695, and the D. Williams Survey,Abstract No. 1021, City of Wylie, Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. 11. Consider and act upon a Final Plat for the Sage Creek North Addition,including a waiver of alleys, being all of a certain 50.7752 acre tract of land situated in the John W.Mitchell Survey,Abstract No. 589, City of Wylie, Collin County,Texas, and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County,Texas. Mr. Claude Thompson addressed this item providing Council with a brief background of the request.The Final Plat of the Sage Creek North Addition includes 50.7752 acres and will create 155 single-family residential lots. The Plat will also create a 4.223-acre public park as well as a total of 3.597 of common open space to be maintained by the Homeowners Association. The Plat also provides additional right-of-way for the future improvement of McMillen Road. Minutes of June 26,2001 Wylie City Council Page 7 The property is zoned Planned Development District(PD 2000-22)for Single Family Residential Uses,approved by the City Council on April 11, 2000. The Conditions of the PD specifically limit the development to a total of 155 lots and an overall density of 3.05 dwelling units per acre, including 80 Single Family-3 Residential lots (7,200 square feet minimum lot size), 47 Single Family-2 Residential (8,500 square feet lots) and 28 Single Family-1 Residential (requiring a minimum lot size of 10,000 square feet). The approved PD also included a Concept Plan which established the general configuration of streets,lots and open space. The Development Conditions and Concept Plan of the approved Planned Development District does not reflect alleys, nor did the approved Development Plan/Preliminary Plat,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Concept Plan of the Planned Development District and of the Development Plan/Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 3-3 to recommend approval of the Final Plat for the Sage Creek North Addition and a waiver of the alley requirement. A previous motion to deny the Plat and requested alley waiver died for lack of a second. Staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve the Final Plat for the Sage Creek North Addition, including a waiver of alleys,being all of a certain 50.7752 acre tract of land situated in the John W.Mitchell Survey,Abstract No. 589, City of Wylie, Collin County,Texas,and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County,Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott, Young and Trout were absent. 12. Consider and act upon a Final Plat for the Walgreens-Wylie Addition,being all of a certain 5.422 acre tract of land situated in the S.B.Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. Mr. Claude Thompson provided a brief history of the request. He stated that the Final Plat under consideration will create a multi-tenant retail center totaling 5.422 acres. The initial phase of the center will accommodate development of the Walgreens retail store on the 1.793-acre Lot 1. The property has never been platted and is currently vacant and zoned for Industrial (I) uses. The anticipated retail use is currently allowed within the Industrial District. A Preliminary Plat and Site Plan for the subject property were approved by the Planning and Zoning Commission on March 20,2001. The City Council approved the Preliminary Plat on April 10,2001. He stated that staff has reviewed the proposed Final Plat for the Walgreens-Wylie Addition and found it to conform substantially to the approved Preliminary Plat and to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. At the June 19,2001 Planning and Zoning Commission meeting,the Commission voted 6-0 to approve the Final Plat for the Walgreens-Wylie Addition. He stated that staff is recommending approval. Councilman Hogue made a motion to approve the Final Plat for the Walgreens-Wylie Addition,being all of a certain 5.422 acre tract of land situated in the S.B. Shelby Survey,Abstract No. 820,City of Wylie,Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 8 13. Consider and act upon a Preliminary Nat for the Kirby 78 Addition,being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Mr. Claude Thompson addressed this item providing a brief history of the request He stated that the Preliminary Plat under consideration will create a single lot of approximately 2.4 acres,to accommodate a free-standing retail use(CVS Pharmacy). The Plat incorporates the abandoned railroad corridor,and dedicates approximately 0.13 acres of right-of-way for the future improvement of the F.M 544/S.H. 78 intersection. The property is zoned for Industrial(I)uses. The anticipated pharmacy is currently allowed within the Industrial District Staff has reviewed the proposed Preliminary Plat for the Kirby 78 Addition and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. The Plat dedicates right-of-way for the future improvement of the intersection of FM 544 and S.H. 78. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 5-1 to deny the Preliminary Plat for the Kirby 78 Addition,because the applicant was not present to address concerns raised by summary review of the Site Plan of the subject property. Discussion on the Site Plan was tabled by a vote of 6-0 until the July 3,2001 Planning and Zoning Commission meeting because the applicant was not present to defend the plan. Staff is recommending approval. Councilman Worley made a motion to approve the Preliminary Plat for the Kirby 78 Addition, being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey,Abstract No. 267, City of Wylie, Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout were absent. Prior to Citizens Participation,the Mayor announced that he would like the City Manager to consult with the City Attorney drafting a policy addressing the validity of alley waivers for any purpose other than hardship. CITIZENSPARTICIPATIONI There was no citizen's participation ADJOURNMENT With no further business to come before Council,the meeting was adjourned at 7:19 p.m. ohn Mon y,Mayor ATTEST: • e h ar a A Salin i ecretary r Minutes of June 26,2001 Wylie City Couna7 Page 9