11-13-2001 (City Council) Minutes MINUTES
Wylie City Council .
r Tuesday, November 13, 2001
Wylie Municipal Complex—Council Chambers.
2000 State Highway 78 North
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Council Present:Mayor John Mond}•,Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue,
Councilman J.C. Worley and Councilman Chris Trout.Councilman Merrill Young was absent.
Staff Present: Anthony Johnson, City Manager: Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director, Claude Thompson. Planning Director: Chris Hoisted, City Engineer and Barbara Salinas, City
Secretary.
Deacon Warner Washington was present to provide the Invocation. Councilman Worley was asked to
lead the Pledge of Allegiance.
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•PRESENTATION TO THE WYLIE FIRE DEPARTMENT FROM THE SACHSE VETERIAN HOSPITAL.
Lt. Ballard of the Wylie Fire Department was present to accept the $750 donation from Mr. Steve Perky, as a
result of the Lone Star BBQ Chili Cookoff.
•REACH FOR A STAR KICK OFF
Ms. Aimee Nemer. Administrative Assistant to the City Secretary provided a presentation on the Community
Outreach Program, Reach for a Star. Ms. Neater provided Council with a brief history of the program including
the addition this year of school and church assistance. Also present were Ms. Becky Martinez representing St.
Anthony's Catholic Church. Ms. Emily Hartwig. representing the Wylie Junior High PTA and Dr. Earl Myers
representing Hanman Elementary. Council was then invited to select stars from the Reach for a Star Tree bearing
the names of children in need from the Wylie Community.
Star Students from the Wylie Independent School District were present for their exemplification of the Character
Trait"Repect". The Mayor and Mayor Pro Tenn presented the students with certificates of recognition.
A. APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF OCTOBER 23,2001.
B. CONSIDER AND ACT UPON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
CHANGING AUTHORIZED REPRESENTATIVES FOR THE LOCAL GOVERNMENT INVESTMENT
COOPERATIVE(LOGIC)
C. CONSIDER AND ACT UPON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
CHANGING AUTHORIZED REPRESENTATIVES FOR THE TEXAS LOCAL GOVERNMENT INVESTMENT
POOL(TE\POOL).
D. CONSIDER AND ACT UPON FINAL PAV\IENT TO JDC CONSTRUCTION IN THE AMOUNT OF$18,755 FOR
COMPLETION OF THE ANIMAL.SHELTER.
Councilman Joel Scott made a motion to approve the Consent Agenda,Items A,B,C,and D. Councilman Worley
seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Young absent.
Minutes or November 13,2001
Wylie City Council
Page 1
1. CONSIDER AND AT UPON APPROVAL OF FINAL ACCEPTANCE OF THE HILLTOP ALLEY
PAVING AND SEWER IMPROVEMENTS, AND AUTHORIZE FINAL PAYMENT TO JI)J
CONSTRUCTION COMPANY, IN THE AMOUNT OF S9,574.10 AND ACCEPT THE PROJECT AS
COMPLETE.
City Engineer. Chris Hoisted addressed this item providing Council with a brief background on the request. Mr.
Hoisted stated that on April 25. 2000 the Wylie City Council awarded a construction contract to JDJ Cons strucoio
n
Co.for replacement of an 8'. sewer line and concrete reconstruction of the alley betweenHilltop
and od.
The project included the installation of approximately 1,200 feet of 8" sewer line and the installation of
approximately 1.600 square yards of 6-inch reinforced concrete pavement Walk through was performed May 14,
2001 and the contractor has addressed all of the items identified. _See attachments from the property owners
stating their satisfaction with the repairs made to the damaged fences. Acceptance will initiate the one-year
warranty period.which the contractor is liable for any repairs that may be required,beginning on the date of final
acceptance by the City.
Councilman Worley made a motion to approve final acceptance of the Hilltop Alley paving and sewer
improvements.and authorize final payment to JDJ Construction Company,in the amount of$9,574.10 and accept
the project as complete. Councilman <>seconded the motion. A vote was taken and the motion was approved,
6-0. Councilman Young absent.
2. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO EXECUTE AND AWARD A
CON CORP., IN THE AMOUNT OF S106,560.00 FOR
ENGINEEERING SERVICES RELATED TOTHE ACT TO BUCHER, WILLIS & DESIGN OF UTILITY RELOCATIONS ALONG SH 78
FROM FM 544 TO EUBANKS LN.
Mr. Chris Hoisted. City Engineer addressed this item. providing council with a brief background on the request.
Mr.Hoisted stated that TxDOT has submitted plans for utility relocations for the reconstruction of SH 78 from FM
544 to Eubanks Lit and that Site Concrete was awarded the bid with construction to begin April 1,2002. He stated
that staff and the consultants have identified lines in conflict with the improvements as well as recommend
replacement of existing lines due to age and condition. The relocations include approximately 2,700 linear feet of
8-inch water line. 3.300 linear feet of 12-inch water line. 2,000 linear feet of 8-inch sewer line, 900 linear feet of
10-inch sewer line. and related appurtenances. The projected cost along SH 78 is S829,700,which includes a 20%
construction contingency. The 1999 Water and Sewer Revenue Bonds included$500,000 for miscellaneous utility
relocations and replacements of which approximately$100.000 is available for this project.Mr.Hoisted stated that
staff is recommending the authorization of the City Manager to execute and award a contract to Bucher,Willis&
Ratliff,Corp.
Councilman Eric Hogue made a motion to approve authorizing the City Manager to execute and award a contract
to Bucher, Willis& Ratliff. Corp.. in the amount of$106.560.00 for engineering services related to the design of
utility relocations along SH 78 from FM 544 to Eubanks Lit
3. CONSIDER AND ACT UPON A RESOLUTION CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE
CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY,TEXAS.
Councilman Scott made a motion to approve the Resolution casting 28 ballots for the Board of Directors for the
Central Appraisal District of Collin County. Texas. Councilwoman Allen seconded the motion. A vote was taken
and the motion was approved. 6-0. Councilman Young absent.
4. CONSIDER AND ACT UPON A PRELIMINARY PLAT FOR THE PHEASANT CREEK ADDITION,BEING ALL OF
A CERTAIN 89.122 ACRE TRACT OF LAND, SITUATED IN THE N. ATTERBERRY SURVEY,ABSTRACT No.
1099 IN COLLIN COUNTY, TuE N. ATTERBERRY SURVEY, ABSTRACT No.6 IN ROCKWALL COUNTY,
AND THE L.B. OUTLAW SURVEY,ABSTRACT No. 173 IN ROCKWALL COUNTY,TEXAS,AND BEING ALL
OF A t•ALLED 117.149 ACRE CONVEYED TO LEO WIMAN AS RECORDED IN VOLUME 3166,PAGE 632 OF
111.4
THE DEED RECORDS OF ROCKWALL COUNTY,TEXAS.
Minutes of November 13,2001
Wylie City Council
Page 2
Mr. Claude Thompson. Planner. addressed this item and provided Council a brief background on the request. Mr.
1.1 Thompson stated that the Prelimunar Plat includes 89.122 acres creating 292 lots and is currently zoned SF-3
allowing minimum lot size of 7.200 square feet. A waiver of the alleys backing on to the floodway is made a
condition of the Plat as submitted. At the October 16. 2001 meeting of the Planning&Zoning Commission,the
commission voted to recommend approval with the following stipulations. 1) wrought iron fencing on lots
adjacent to the pain::2)landscape screening along Vinson Road—wood w/masonry columns and 3)waiver of alley
adjacent to the park. Staff is also recommending approval as submitted including the waiver of alleys serving lots
40-69 as well as 80 and 81 of Block A.
Councilman Scott made a motion to approve the Preliminary Plat for the Pheasant Creek Addition,being all of a
certain 89.122 acre tract of land. situated in the N. Atterberry Survey, Abstract No. 1099 in Collin County,the N.
Atterberry Survey. Abstract No.6 in Rockwall County. and the L.B. Outlaw Survey,Abstract No. 173 in Rockwall
County,Texas.and being all of a called 117.149 acre conveyed to Leo Wiman as recorded in Volume 3166,Page
632 of the Deed Records of Rockwall County. Texas. Councilman Hogue seconded the motion. A vote was taken
and the motion was approved.6-0. Councilman Young was absent.
5. CONSIDER AND ACT UPON A PRELIMINARY PLAT FOR THE SOUTHPLACE ESTATES PHASE IV ADDITION,
GENERALLY LOCATED EAST OF SOUTH BALLARD AVENUE (F.M. 2514) AND THE SOUTHPLACE
ESTATES PHASE I AND II ADDITIONS AND SOUTH OF STONE ROAD (F.M. 544) AND THE WYLIE
INDEPENDENT SCHOOL D1c rRIC'r COMPLEX, BEING ALL OF A CERTAIN 8.674 ACRE TRACT OF LAND,
SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT NO. 23, CITY OF WYLIE, COLLIN
COUNTY,TEXAS.
Mr. Claude Thompson: Planner. addressed this item providing Council with a brief background on the request
Mr. Thompson stated that the Plat includes 8.674 acres and will create 29 lots awl is currently zoned SF-2,
allowing minimum lot size of 8, 5tx► square feet. Mr. Thompson stated that at the November 6, 2001 Planning&
Zoning Meeting. the Commission voted 7-0 to recommend approval and that staff is also recommending approval.
.r.,
Councilman Hogue made a motion to approve the preliminary plat for the Southplace Estates Phase IV Addition,
generally located east of South Ballard Avenue (F.M: 2514) and the Southplace Estates Phase I and II Additions
and south of Stone Road (F.M. 544) and the Wylie Independent School District Complex,being all of a.certain
8.674 acre tract of land. situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County,
Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0.
Councilman Young absent.
6. Hold a Public Hearin; to consider and act upon a change in zoning from Agriculture (A) to
Planned Development (PD) for Single-Family residential and Village Center Mixed Uses, for a
470.00 acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele,
Successor Independent Administratrix, as described in Executor's Deed as recorded in the Collin
County Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to
George S. Richards as recorded in Volume 775, Page 55 of the Deed Records of Collin County,
Texas, and being all of a called 1.00 acre tract described in the deed to F.D.Feagin et ux,of record
in Volume 914, Page 697, of said Deed Records, and also being all of Tract 2 and part of Tracts 1
and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775,Page 58,of said Deed
Records. and being part of a called 2.10 acre tract described in the deed to F.D. Feagin et ux
recorded in Volume 757, Page 824 of said Deed Records, and being all of that certain tract
described in the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No.93-
0039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M.
Hart and Charlene H. Hart described in the Collin County Clerk's File No.96-0091287,and being
situated in the J.G.Jouett Survey,Abstract No. 475,the Allen Atterberry Survey,Abstract No. 23,
and the Aaron West Surrey, Abstract No. 979, City of Wylie, Collin County,Texas. (Zoning Case
No. 21101-13)
7i'w The Mayor excused himself from the bench and any discussion or action due to his affiliation as a Board member
of the Birmingham Trust. Mayor Pro Ten►Scott presided.
Ntinutes of November 13,2001
Wylie('its Council
- Page 3
Mr. Claude Thompson addressed this item providing Council on the background of the request. He stated the
applicant is requesting rezoning of the subject 470 acres in order to permit a.master planted multi-use community
F. comprising of single-family residential neighborhoods of varied densities, multifamily residential apartments,
retail uses and private open spaces. The proposal is intended to create a Village Center community as defined by
the Comp Plan and through such comprehensive planning and coordinated design, better address several
development constraints of the property.
Mr. Thompson stated that this item was tabled at the October 16, 2001 P&Z meeting, when the Commission
elected to continue the Public Hearing on November 6. 2001 due to certain issues of the original proposal. A
Special Work Session was conducted on October 29. 2001 and this Agenda Report and attached Conditions of
Development reflect the applicant's modifications in response to concerns raised at these earlier meetings. At the
November 6. 2001 Planning and Zoning Commission meeting,the Board voted 4-3 to recommend approval of the
proposed zoning change. Decenting votes expressed concern for the smaller lot sizes. Staff is recommending
approval.
Mr.Greg Rich,5001 LBJ Freeway,Suite 839
Siepiela Development Corporation/Reality Development Trust
Mr. Rich provided Council with a presentation of the intent of the request to develop the 470-acre tract of land.
Mr. Rich presented a power point presentation with emphasis on existing developments in the Plato, Flower
Mound. Coppell and Dallas communities. He described their development philosophy as a lifestyle concept as
opposed to providing shelter. Mr. Rich then displayed photos displaying the various borders and some areas of
concern.
• Council took a short recess at 7:00 p.m. and reconvened at 7:07 p.m.
The Mayor Pro Tern then opened the Public Hearing asking that anyone wishing to speak either in favor or
opposition of the request to please conic forward. state their name and address for the record and limit their
r+. comments to three minutes. Mayor Pro Tent Scott also reminded the audience that in accordance with the Open
Meetings Lane. Council may only accept comment and there was no interaction with the Council, however,
Council could direct staff to research and contact participants regarding any expressed concerns. Mayor Pro Tem
`s- Scott also asked that if there were groups who wished to enter their comments into the record,it would be helpful
•
and expeditious to appoint a spokesperson for said group.
Ms.Micha Harrison,907 East Stone Road
Mr. Charlie Harrison,907 East Stone Road
Ms. Miclia Harrison deferred to her husband. Mr. Charlie Harrison. Mr. Harrison provided photos to the Council
and expressed concerns regarding traffic and future road expansion. He also pointed out the dangers of the
intersection on Stone Road(curve).density,and the additional burden to the school district. He asked the Council
to consider controlled growth and keep 1Vylie a country community.
Mr.Denny Lynes, 1630 Rolling Lane
Mr. Lynes expressed his concerns regarding the impact on the property values of surrounding property, the
additional burden to the school district,and water provision.
Mr.John Simmons, 1203 Troy Road
Mr. Sinunons read his letter to the Council into the record. He expressed the following concerns. Easement
request from Eastfork Water District on the frontage of his property;developer's reference to grant money to fund
development amenities and additional traffic that the current infrastructure cannot handle with no funding
available. He cited the following from the school districts view. Mr. Simmons stated that as a school board
member they had no knowledge of development to the East Side of the city and that the taxes collected from the
proposed development would not support the additional children added to the school district. Mr. Simmons also
stated concerns regarding the density of the development. He concluded by stating that he would like to see the
property developed but not at the expense of the taxpayers and lower property values. He asked that Council
consider a development that would raise property values and review the density to be more consistent with the
existing area.
minute,.or No%ember 13,2001
Wylie(*its-Council
Page 4
Mr.James and Jean Wilson,6 Pheasant Runes that
Mr. James Wilson expressed their concerns regarding the high density, traffic and water supply.
He Council not accept the development,and to be consistent. .
Mr,Charles Maltese,307 W.Hanest Bend Drive.
_- Mr. Maltese expressed his concerns regarding water supply. roads and additional expense to the taxpayers. He
asked that Council give some thought to approval of the proposed development
Ms.Ann Peschke. 1641 Rolling Lane
Ms. Peschke expressed her concerns regarding density and asked that Council consider larger lots with
consideration given to the rural homeowners.
Ms.Billie Joe Swaner, 102 Tanglewood Circle
Ms. Swaner expressed her opposition to the proposed development citing lot size and expressing concerns
regarding the village centers and the type of business that would occupy said centers. She also expressed concerns
regarding the capabilities for service of the current water system.
Mr.John Waddill,2235 East Stone Road.
Mr. Waddill expressed his concerns regarding the impact the development will have on the existing roads and the
availability of future funds from both the County and City. the availability of grant money for the development of
parks and additional amenities and referenced a violation of the zoning regulations with regard to no rear alleys.
He expressed concerns regarding flood plain issues.
Ms.Nicki Allen,810 Forrest Edge
Ms. Allen expressed her concerns to keep the rural feel of the community. She stated that the Master Plan has
designated large lots and that we need to reconsider this type of development and asked that Council look carefully
at the proposed development and ask that the developer come back with a suitable plan.
With no further comments,the Mayor Pro Tem then closed the Public Hearing.
Mr. Rich addressed some of the issues and concerns of the comments from the citizens. He stated that he felt that
he did take some time to visit with the Planning and Zoning Commission and the citizens. He stated that these are
18 county residents that live within the proposed area of development. Mr. Rich stated that there was no input or
comment during the annexation process of the proposed area of development.
Mr. Rich continued to address the following areas of concern. With regard to traffic, he stated that he felt they
would have to do an analysis. He stated. with regard to the water supply, that he did have a letter from East Fork
Water District that states they will service their area and they will work with East Fork to ensure service to the
proposed area. With regard to the school issues. he stated that he had met with Mr.Bill Lewis and that Mr.Lewis
has visited with the school district superintendent. He stated that if the school has a need, they will be a land
provider and will meet to discuss and identify areas of concern to be incorporate into the Planned Development.
Mr. Rich stated that when they requested annexation. this is the type of development they had planned and that if
they had not been annexed. the County would have been more liberal with development. He reinforced his intent
to gain funding through grant application for additional amenities such as parks and trials. Mr.Rich did state that
they do have plans for front entry. with an alley waiver request, but opportunity does exist for alleys. He
explained that the village center concept is linked to people flow providing retail services to the community. With
regard to the Multi-Family. he stated that it would be constructed at the end of the project, and projected
development completion between five to seven years.
Councilman expressed his concerns regarding the school issue. Mr.Rich again stated that they do have the land to
accommodate the construction of a school and commit to a site, if necessary. Councilman Trout asked if the
developer would consider delaying the Multi Family construction until a certain percentage of the development
was complete. Mr. Rich stated that he would consider fifty. (50%)percent,as he considers the Single Family the
driving force. Councilman Worley expressed concerns regarding the capabilities of East Fork Water to supply the
',.., development and requested a copy of the letter committing to service.
k
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ylinutes or November 13,2001
Wylie City Council
. Page$
There was some discussion regarding lot size and 75%masonry requirements. Mr.Rich stated that the intent was
to state on all sides of the houses". and that modification could be made. Councilman Worley had concerns
regarding tree preservation, to which Mr. Thompson referred to the requirements listed for tree preservation.
Mayor Pro Tern Scott stated that he felt that this was a good concept, and that it was the first village concept that
has come before Council.
Councilman Worley stated that he would consider taking action to table the item to allow time to address specific
issues such as school. lots size.and water supply concerns. Mr. Rich stated that there was no movement in the lot
size,but felt the could accommodate the other issues and concerns.
Councilman Worley made a motion to table Item No. 6 until the first regular City Council meeting in December
(December 11. 2+0 1). Councilman Hogue seconded the motion. A vote was taken and the motion to table was
. approved.6-0. Councilman Young absent.
The Council asked for a short recess at 8:49) p.m. At 9:00 p.m. the Council reconvened into regular.session and
Mayor Mondy assumed his position on the bench.presided over the remainder of the meeting.
7. HoLn :. PUMA(' HEARING TO ( U\SIDER AND Acr UPON CERTAIN PROPOSED REVISIONS TO THE
COMPI*IIENSIVE ZONING ORDINANCE AND OFFICIAL ZONING MAP OF THE CITY OF WYLIE, IN
COMPLIANCE WITH SECTION 211.006 OF THE TEXAS LOCAL GOVERNMENT CODE,
Mr. Claude Thomson. Planning Director. addressed this item providing Council with a brief background on the
request. Mr. Ray Stanland. Consultant. was also available for concerns and question of the Council. He stated
that legislation requires that zoning regulations must be adopted in accordance with a comprehensive plan. A
revised Comprehensive Master Plan was adopted in July of 1999, recommending certain changes in pattern and
character of local development. These changes guided the 2000 revision of the residential regulations of the
Zoning Ordinance , support the currently proposed revision of non-residential regulations. Mr.Thompson stated
that the map was a transition and the intent was not to rezone. Public notification of these proposed revisions to
the Zoning Ordinance has been made in the time and manner required by State law. Notice of the public hearing
eIIw was published in 7hc ►I the .Vetrs and mailed to all property owners within the City of Wylie. Four (4) Public
Comment Forms have been returned at the time of this posting. At the October 16, 2001 Planning & Zoning
._ ,. Commission meeting. the Board Voted "-o to recommend approval of the proposed revisions to the
Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie.
Mr. Thompson stated that the Council has previously held two work session regarding this issue. Mr. Thompson
stated that the Council has two choices. They may adopt the map and ordinance as it is or they may make
modifications. If modifications are made. tliL will have to read all changes into the record,tabling as necessary.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or in opposition
of the request to please come forward and state their name and address for the record, limiting their comments to
three minutes.
Mr.John Fitzpatrick,2405 Parker Road
Mr. Fitzpatrick stated that he is the owner of two business parcels within the city of Wylie that will be effected by
the transition. He stated that the transition w ill eliminate current zoning and expressed his concerns with "I-M"
use (definition read) and "l-Outside" (definition read). He asked that the proposed revisions be tabled and
concerns addressed. Mr. Fitzpatrick cited several local business that are not in compliance with the current plan.
He also expressed concerns regarding what he referenced as the purple area on the proposed zoning map and
reference to the word"director'within the/oiling ordinance.
Mr,Larry DeBerry,Nevada Texas.
Mr. DeBern expressed his concerns regarding the townhouse district zoning. Mr. DeBerry asked that Council
restudy this zoning district as he felt that it was not feasible to build duplex units at the requested size and that if
approved. it could escalate the cost.
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,, ,, \liuutes or November 13,2001
Wylie City Council
Page 6
tom Jill Whitmore,402 North Gaston
Ms. Whitmore stated that she owns a business at 150 Martinez Lane and expressed her concerns regarding the
effect of the transition to her business. specifically limited future expansion and new zoning restrictions if her
business is destroy ed by an act of God.
Mr. Raymond Fuentes, 1600 Martinez Lane
Mr. Fuentes stated that he owned residential property that is effected by the transition and questioned the option to
rebuild, should his home be destroyed. The Mayor directed him to visit with Mr. Thompson regarding specific
concerns.
Mr.Art Anderson,5400 Renaissance Toyer,Dallas,Texas.
Mr. Anderson was representing Birmingham Land. Mr. Anderson stated that they had purchased 260 acres under
the existing zoning and voiced his objections to the changes. He stated that they have filed preliminary p
n
the undeveloped tracts and stated that he was willing to work with the Council to resolve.
With no further comment. the Mayor then closed the public hearing at 9:47 p.m. and called for a short recess
before adjourning into the scheduled Worksession.
WORK SESSION :....,;:.; ateagliadd
A Discussion related to the zoning ordinance and zoning map.
The Council and Staff continued discussion regarding the proposed zoning map and ordinance specifically
regarding proposed zoning and it's allowed uses. and future expansion. The Council agreed that the intent of the
eighteen-month process oas to enhance areas of concern and to ensure that business can continue to grow and
expand. There o as discussion and concern r those business owners who chose to sell their business and how the
transition in zoning could effect them as well as destruction of business and options for rebuilding. There were
also concerns regarding sign regulations and suggestion for further review. Specific areas of concern were FM
544 and SH 78: reference to "e" within the conditions for non-conforming use and percentage(50%) expansion
trigger.
Mr. Thompson stated that they had recci'ed t\vo (2) written requests, referenced as the Peerless Tract and a
business tract on Martinez Lane. He stated that both had applied for plats. He also advised that if Council votes to
pass the map and ordinance. these specific objections must be taken out and voted on separately.
The Council called for a recess at II:l5 p.m. to reconvene at 11:45 pin.
7. HOLD A PUBLIC HEARING TO CONNIDER AND MT t'PON CERTAIN PROPOSED REVISIONS TO THE
COMPREIIENslvE ZONING ORDI\A\t E AND OFFICIAL ZONING MAP OF THE CITY OF WYLIE, IN
COMPLIANCE\'ITiI SECTION 211.006 OF THE TEXAS LOCAL GOVERNMENT CODE.
Councilman Worley made a motion to approve the revisions to the Comprehensive Zoning Ordinance and Official
Zoning Map of the Cite of Wylie, in compliance with Section 211.006 of the Texas Local Government Code,with
the following amendments:
1. Remove the area at the northwest corner of FM 5.44 and SH 78 which is currently proposed for CR—
Community Retail zoning and initiate the rezoning of the area to CC—Commercial Corridor,
2. Remove the properties known as the Peerless Property on Ballard Street,the Birmingham Farms property
at Brown and FM 1378.and the property located at 1404 Martinez Lane;
3. Remove Article 8 Sign Regulations for further review:
4. Amend Figure 5-3 Land Use Tables to allow "Light Assembly and Fabrication"to be permitted by right
?mu in the CC—Commercial Corridor District:
5. Amend Figure 5-3 Land Use Table to allm "Printing and Publishing"to be permitted by right in the CC
—Commercial Corridor District:
minutes of November 13,2001
Wylie City Council
Page 7
6. Amend Figure 5-3 Land Use Tables to allow"Animal Boarding Kennel w/Outdoor Pens"to be permitted
by Special Use Permit in the CC-Commercial Corridor District; .
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7. Amend Figure 5-3 Land Use Tables to allow "Commercial Greenhouse/Nursery" to be permitted by
,:_. Special Use Permit in the CC —Commercial Corridor District;
8. Amend Figure 5-3 Land Use Tables to delete "Cemetery or Mausoleum"as a permitted use in the CC—
Commercial Corridor District:
9. Amend Figure 5-3 Land Use Tables to allow "Commercial Amusement or Recreation/Indoor" to be
permitted by Special Use Permit in the CC-Commercial Corridor District;
10. Amend Figure 5-3 Land Use Tables to allow "Commercial Amusement or Recreation/Outside" to be
permitted by Special Use Permit in the CC-Commercial Corridor District;
11. Amend Figure 5-3 Land Use Tables to allow "Golf Driving Range" to be permitted by Special Use
Permit in the CC-Conunercial Corridor District;
12. Amend Figure 5-3 Land Use Tables to allow "Shooting Range/Indoor" to be permitted by Special Use
Permit in the CC-Commercial Corridor District:
13. Amend Figure 5-3 Land Use Tables to allow "Commercial Radio/TV Transmitting Station" to be
permitted by Special Use Permit in the CC-Commercial Corridor District
14. Amend Figure 5-3 Land Use Tables to allow"Electric or Gas Substation"to be permitted by Special Use
Permit in the CC-Conunercial Corridor District:
15. Amend Figure 5-3 Land Use Tables to allow"Helipad" to be permitted by Special Use Permit in the CC
F'rni —Commercial Corridor District:
t
_. 16. Amend Figure 5-3 Land Use Tables to allow "Telephone Exchange w/o Shops or Offices" to be
permitted by Special Use Permit in the CC' -Commercial Corridor District;
17. Amend Figure 5-3 Land Use Tables to allow "Utility or Government Installation Other Than Listed" to
be permitted by Special Use Permit in the CC-Conuuercial Corridor District;
18. Amend Figure 5-3 Land Use Tables to allow"Accessory Game Court/Private"to be permitted by Special
Use Permit in the CC-Conunercial Corridor District:
19. Amend Article 10 Nonconforming Uses to allow nonconforming uses and structures to be expanded,
enlarged. or increased on the lot or tract on which the use or structure is located on the effective date of
the adoption of the ordinance. not to exceed 50%of the square feet of the current structure as it existed on
the effective date of the adoption of the ordinance:
20. Amend Section 10.6.B.1. to read: When land used for a legal nonconforming use shall cease to be used
in such manner for a period of six months;
21. Omit Section 10.6.E.: When the structure in which a nonconforming use is housed, operated or
maintained is damaged to the extent of more the 75 percent of its reasonable value by fire, explosion,or
other casualty. or act or God. or a public enemy.
22. Add Section 1.8 Savings/Repealing: By the passage of this Ordinance, no presently illegal use shall be
deemed to have been legalized unless specifically such use falls within a use district where the actual use
is a conforming use. Otherwise. such uses shall remain nonconforming uses where recognized, or an
rik
, i illegal use. as the case may be. Should any part 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.
Minutes of November 13,2001
Wylie City Council
Pine 8
Any and all provisions of aii 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
r. prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the
Ordinance.
23. Add Section 1.9 Estoppel/Waiver The failure of the City of Wylie to enforce any term or condition of
this Ordinance shall not constitute a waiver or estoppel of any subsequent
Councilman Trout seconded the motion. A‘ote was taken and the motion was approved,6-0. Councilman Young
absent.
The following items.considered as a pail of the zoning ordinance,required a separate vote.
Councilman Worley made a motion to approve the recommended zoning for the tract of land identified as the
Peerless Property located on Ballard Street with adoption of Ordinance No.2001-49. Councilman Trout seconded •
the motion. A vote was taken and the motion was approved.6-0. Councilman Young absent.
Councilman Scott made a motion to table the recommended zoning for the tract of land identified as the Wylie
• Bilco Birmingham Land Ltd. propert located at Brown and F.M. 1378 until the first regular meeting in December
•
(December I I. 2(R)I). Councilman Trout .eeonded the motion. A vote was taken and the motion was approved,
6-0. Councilman Young absent.
Councilman Scott made a motion to approve the recommended zoning for the tract of land identified as 1404
Martinez Lane with adoption of Ordinance \o. 2tt)l-50. Councilman Trout seconded the motion. A vote was
taken and the motion was approved.6-a. Councilman Young absent.
OFOR N .YULE.&tCAPTiONA e ;
1.1 The ordinance captions for approved ordinances numbers 2001-48,49,and 50 were read into the record
as required by the Wylie City Charter
'>T YE ,�(f���.\�i 10ty[ :a+}• •,3i:v�.•'•}r?P;jj,,.;?O ..:Il \w:}:•:•.\.d ../..
The Mayor then convened into Executn. Session at 12:01 a.m. in accordance with Chapter 551, Government
Code.Vernon's Texas Code Annotated (Omen Meeting Act). Section SS 551.071 Consultation with Attorney;
(A)pending or contemplated litigation: Je.,e Espinosa v. City of Wylie and Lanny Payne v. City of Wylie.
< INTOOPF.MEEf1\G *r.':3 1 _.. ... M µ.
The following action was taken as a resin! of the Execute e Session. Councilman Joel Scott made a motion to
approve the Agreement for Completion of C'onstn►ction at 609 Parker Road, Wylie, Texas. Councilman Trout
seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Young absent.
Councilman Trout made a motion to adjourn. Councilman Hogue seconded the motion the was
adjourned at 1 2::3t o a.m.
J ayor
ATTEST:
FP'
B art r1 ' Ir s, y ('(:retail'
Minutes of November 13,2001
Wylie City Council
Page 9