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03-27-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, March 27,..2001:::::::::: :.i::::::::::::::::i;:>:::::::i::ii:::i;:::ii:::i::i::;:;:;:::i::i:::::::::::: :;::: : : ::: ::2>;i;;:;:::>:::i;::::.yam Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken .LL OO: ..... .......... ::::::::::::::::::::::::::::::::::::::::::::::::.................................................................................. Rev Eric Hartman,First Baptist Church of Murphy. In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551.072 Deliberation Regarding Real Property;to deliberate the purchase,exchange,lease,or value of real property(100 &200 Block of North Jackson); Section 551.071 Consultation with Attorney; on a matter (Kansas City Southern) in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. ' •Recognition of Star Students—Character Traits"Honesty •Presentation of The Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association. ::.;:'-:WAT' ',.''.'. ` > >' 'NEME > `':>`=< i ffigN '< < <<>< ><SH ::::`'::>`'..F'::.:..::.:.:.�':'�::::i:: r:�i::iiii`::i':::::"•.::::::::::::::::::::::::::::::::: irii ii:%::�i::i::::::::::::::::::::::::::::::::::: :� :�:�rrrr=<:;:::::::::::::i::;::::::::::::::::::::::�:�:=:=i: : :::::::::::i::ii::ii:ii i ::i:: ::i::i::::i::::i::::::::i::::i::::i::::i::::::::::::::iir::ir•:.>;...;;:::i::::::>::::>::::>::::i::::i::i::::';::: :: i::ii::i:::;;;;;; :::: :::::::i::i:::i::::: .# 'r u00.e.tt:ktad:trnrktar:rfra::: as f>A arrda::.W. udgiiikkr.14 mats ::::.::::t :: 't:O0004:ai i na d.:Wi >`0.0: e firritio�t,>:=:: erg=�T�:x�rs1:=:��:; �::�tseusatvn. ;::##ies�::�tssrf� :�::dra..c�rts�#btu::fs::trei�:t�zitrtax#€i�2be:re}�s �t.:�r`..:......... A. Approval of the Minutes from the Regular Meeting of March 13,2001. Planning Items 1. Consider and act upon a Development Plan/Preliminary Plat for the Estates at Creekside Addition,proposed by Campbell/Wylie Partners,for the property generally located south of Parker Road (FM 2514) and east of McCreary Road (CR 245), being all of a certain 45.192 acre tract situated in the Lewis M. Marshall Survey, Abstract No. 594,City of Wylie,Collin County,Texas. 2. Hold a public hearing to consider and act upon approval of a request from Dale Powrie for approval of a zone change from SF-3 (Single Family Residential)District to PD (Planned Development) District for Retail, Professional Office and Single-Family Residential uses,for a 0.1865 acre tract located at 311 North Ballard Avenue, being all of Lot 17, Block 3 of the Brown and Burns Addition, City of Wylie, Collin County, Texas. (Zoning Case No. 01-01) Approval of a Resolution 3. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the stone road paving project; establishing procedures for the acquisition,by purchase or condemnation,of property. Miscellaneous 4. Consider and act upon acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo,Brown &Hill 5. Consider and act upon approval of an amended easement within Community Park and Founders Park. Public Hearings 6. Hold the second of two Public Hearings for the Annexation of land being a 359.66 acre tract of land situated in Collin County, Texas and being a part of the J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey, Abstract No. 979, and being part of those certain tracts conveyed to Joanne Vanderweele, Successor Independent Administratrix,as described in Executor's Deed as recorded in Collin County Clerk's File Number 95-0005773 and being all that certain tract of land described in Quitclaim deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in County Clerk File No. 96-0091287, Deed Records, Collin County, Texas,said tract being more particularly described by metes and bounds as in Exhibit A. 7. Hold the second of two Public Hearings for the Annexation of land being all that certain lot, tract or parcel of land situated in the FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, City of Wylie, Collin County, Texas, and being a part of that 2.939 acres tract of land as described in a Warranty deed from Rockwall Lot Leveling & Grading, Inc. to Paul C. Merritt and Richard A. Williams, dated February 14, 1985 and being recorded in Volume 2070,Page 140 of the Land Records of Collin County, Texas, said tract being more particularly described by metes and bounds as in Exhibit A. In addition to any specifically identified Executive Sessions; Council may convene into Executive Session at any point during the open meeting to discuss any item posted an this agenda. The Open 1vleetings Act provides specifie,exceptions that require that a ineeting'be open. Should Council elect to convene into Executive Session, those exceptions will he;specifically identified and announced Any subsequent action; as a result of this Executive session, will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2001 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. This posted agenda is available for viewing on the City of Wylie Website at www.ci.wylie.tx.us City Secretary/DCS 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 972/442-8100 or TD 972/442-8170. Page 2 of 2 MINUTES Wylie City Council Tuesday, March 13, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor Pro Tem Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman J.C. Worley and Councilman Chris Trout. Mayor Mondy and Councilman Young had excused absences. Mayor Pro Tern Joel Scott presided. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director;Dale Jackson, Building Official; Chris Holsted, City Engineer; Claude Thompson, City Planner; Police Chief Jeff Butters;Mike Sferra,Director of Development Services and Barbara Salinas, City Secretary. Rev Eric Hartman,First Baptist Church of Murphy was present to give the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. • Proclamation declaring the Month of March as Red Cross Month. Mayor Pro Tern, Joel Scott presented Ms. Leslie Brown, Red Cross Representative of North Texas, the proclamation declaring March as Red Cross month. Ms. Brown provided a brief explanation of the intent and purpose of the Red Cross and the Advisory Board functions in the Wylie Community. There was no participation. • City of Wylie Code Updates Mr. Dale Jackson, Building Official provided Council with a brief background on the intent and purpose for the request for approval of Agenda Items 1-9. Mr. Jackson also described the process to update the proposed adoption of the new codes and ordinances. • Capital Improvement Plan&Impact Fees Mr. Holsted provided the introduction and background on the process for the recommended Impact Fee as determined by the Impact Fee Advisory Board. Mr. Holsted stated that the recommendation would come before Council after the public hearing scheduled for April 24, 2001. Mr. Claude Thompson provided detailed background on the population projections and the history of projects. Mr. Thompson also provided a brief explanation of the committees participation in the recommendation to Council. Mr. Jim Jenks, Hogan Corporation provided Council a description and definition of the Impact Fees and methods used to calculate the arrived recommendation. Mr. Jenks also outlined the water and wastewater master plan with the use of maps. In conclusion, Council was advised that a Public Hearing has been advertised for the regular meeting of April 24, 2001 at which time the public may offer comment. Council will also be asked to adopt the recommendation as presented by the Impact Fee Advisory Board after the Public Hearing. Mayor Pro Tern Scott expressed appreciation to the members of the Impact Fee Advisory Committee and the Hogan Corporation for their work on this project. Minutes of April 11,2000 Wylie City Council Page 1 • Presentation&Discussion on a 1999 Bond Project-Rustic Oaks Drainage Channel. Mr. Chris Hoisted introduced Mr. Fred Balster,Brinkly and Barfield who would provide detailed description of the Rustic Oaks Drainage Channel improvement options. Mr. Balster presented a visual display of the proposed drainage improvements that would eliminate several existing problems such as erosion and maintenance. He stated that the goal is to provide drainage and be attractive as well. He described the channel as a linear park with walkways and some landscaping. The channel would include a short retaining wall with slopes at a 3-1 grade to allow mowing and an 8' pedestrian walkway to allow two way traffic. Drainage flow would be along concrete channels. Mr. Balster described the retaining wall, as a concrete bag retaining, stating that it is attractive and cost efficient. Mr. Balster stated that an underground channel was an option, however, cost was a factor. The alternative was as presented. Mr. Balster stated that a concern would be the required easement from the fifty-five property owners along the channel. If this easement for access is not obtained from the property owners, the alternative would be to proceed as a drainage project and eliminate the walkways/linear park. It was determined that the next step would be to contact and meet with the property owners to determine how to proceed. The Mayor Pro Tern then called for a recess at 7:31 p.m. The Regular Meeting was then reconvened at 7:41 p.m. taSSESt A. Approval of the minutes from the regular meetings of January 23,2001 and February 13,2001. Councilman Hogue made a motion to approve the minutes from the regular meetings of January 23, 2001 and February 13, 2001. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5- 0. Mayor Mondy and Councilman Young,absent. Adoption of Ordinances 1. Consider and act upon an Ordinance adopting the 2000 Edition of the Uniform Mechanical Code, repealing Ordinance numbers 93-23 and 88-32 and repealing all conflicting ordinances. Councilman Trout made a motion to approve the Ordinance adopting the 2000 Edition of the Uniform Mechanical Code, repealing Ordinance numbers 93-23 and 88-32 and repealing all conflicting ordinances. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 2. Consider and act upon an Ordinance adopting the 2000 Edition of the Uniform Plumbing Code, repealing Ordinance numbers 94-43 and 88-30 and repealing all conflicting ordinances. Councilman Hogue made a motion to approve the Ordinance adopting the 2000 Edition of the Uniform Plumbing Code, repealing Ordinance numbers 94-43 and 88-30 and repealing all conflicting ordinances. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 3. Consider and act upon an Ordinance adopting the 1999 Edition of the National Electrical Code, repealing Ordinance number 94-53 and repealing all conflicting ordinances. Councilman Worley made a motion to approve the Ordinance adopting the 1999 Edition of the National Electrical Code, repealing Ordinance number 94-53 and repealing all conflicting ordinances. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. Minutes of April 11,2000 Wylie City Council Page 2 4. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Building Code, repealing Ordinance numbers 94-38 and 88-28 and repealing all conflicting ordinances. Councilman Hogue made a motion to approve an Ordinance adopting the 1997 Edition of the Uniform Building Code, repealing Ordinance numbers 94-38 and 88-28 and repealing all conflicting ordinances. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 5. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Code for Building Conservation and repealing all conflicting ordinances. Councilman Worley made a motion to approve an Ordinance adopting the 1997 Edition of the Uniform Code for Building Conservation and repealing all conflicting ordinances. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 6. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, repealing Ordinance numbers 94-37, 93-25 and 88-28 and repealing all conflicting ordinances. Councilman Hogue made a motion to approve an Ordinance adopting the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, repealing Ordinance numbers 94-37, and 88-28 and repealing all conflicting ordinances. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 7. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Housing Code, repealing Ordinance numbers 94-36 and 88-29 and repealing all conflicting ordinances. Councilman Worley made a motion to approve an Ordinance adopting the 1997 Edition of the Uniform Housing Code, repealing Ordinance numbers 94-36 and 88-29 and repealing all conflicting ordinances. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 8. Consider and act upon an Ordinance adopting a new Swimming Pool code and repealing all conflicting ordinances. After some brief discussion regarding fence heights, (4' as opposed to 6') Mr. Jackson clarified that the Building Code, Item 4 adopted by Council, specifies 4' fencing requirements. Councilman Worley then made a motion to approve the Ordinance adopting a new Swimming Pool code and repealing all conflicting ordinances. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 9. Consider and act upon an Ordinance adopting a new Section 2.00"Construction Permits and Fees" of Appendix C of the City of Wylie Code of Ordinances and repealing all conflicting ordinances. After clarification with regard to permitting fees for aboveground pools, ($125/$300 for underground)Mr. Jackson clarified that the fee for spas and above ground is $100. Councilman Hogue then made a motion to approve the Ordinance adopting a new Section 2.00 "Construction Permits and Fees" of Appendix C of the Wylie Code of Ordinances and repealing all conflicting ordinances. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. Planning Items 10. Consider and act upon a Preliminary Plat for the Cascades Apartments Wylie Addition, proposed by Hickman Consulting Engineers, Inc., for the property generally located east of Country Club Road (FM 1378) and south of Parker Road (FM 2514), being all of a certain 12.02 acre tract situated in the James McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas. Minutes of April 11,2000 Wylie City Council Page 3 Mr. Claude Thompson,Planner addressed this item providing Council with a brief background of the request. Mr. Thompson stated that at the February 6, 2001 meeting of the Planning and Zoning Commission, the Commission voted 6-0 to recommend the plat. Staff is also recommending approval. Councilman Trout made a motion to approve the Preliminary Plat for the Cascades Apartments Wylie Addition, proposed by Hickman Consulting Engineers, Inc., for the property generally located east of Country Club Road (FM 1378) and south of Parker Road (FM 2514), being all of a certain 12.02 acre tract situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. Miscellaneous 11. Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Kirby Street paving project; establishing procedures for the acquisition,by purchase or condemnation,of property. Mr. Chris Hoisted, City Engineer addressed this item providing Council with a brief explanation of the purpose and requirement of Resolutions for future projects. Councilman Worley made a motion to approve the Resolution of the City Council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Kirby Street paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Councilman Trout seconded the motion. . A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 12. Consider and act upon authorizing the City Manager to execute and award a contract to Shimek, Jacobs & Finklea,L.L.P.,Consulting Engineers,in the amount of S340,800 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. Mr. Chris Hoisted, City Engineer addressed this item providing Council with a brief background on the request. Mr. Hoisted explained that the Alanis Drive project was identified as P1 in the 1999 Bond Program and included approximately 6,200 linear feet of 3-lane and the realignment of Alanis at State Highway'78 to intersect with Sanden Blvd. Councilman Worley made a motion to approve the authorization of the City Manager to execute and award a contract to Shimek, Jacobs & Finklea, L.L.P., Consulting Engineers, in the amount of$340,800 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 13. Consider and act upon authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County,Texas for Road Improvements in accordance with Court Order No. 97-576-08-25 Mr. Mike Sferra, Director of Development Services, addressed this item providing Council with a brief background on the intent of the Interlocal Agreement with Collin County. Mr. Sferra stated that this agreement replaces the previous agreement from February 8, 2000 and is renewed annually. Mr. Sferra described completed improvements under the current Interlocal Agreement. Councilman Worley made a motion to approve the authorization of the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. Minutes of April 11,2000 Wylie City Council Page 4 14. Consider and act upon the acceptance of U.S. Department of Justice (COPS in Schools) Grant award. Chief Butters addressed this item providing Council with an explanation of the benefits of accepting the grant. Chief stated that the Department of Justice would award the City of Wylie a COPS grant that will pay the salary and benefits of a police officer assigned to a school, up to $125,000 for a three-year period. He stated that if we anticipate an additional officer to the department during the next three years then this grant would be a cost- effective way to do this. He added that if approved, the grant would be used to fund a School Resource Officer that could eventually be the Resource Officer at the second Junior High School and until that time, said officer can be trained and utilized by filing in at the Junior High and High School on a part time basis, as well as working patrol. After some discussion regarding the use of the additional officer, Councilman Hogue made a motion to approve the acceptance of the U.S. Department of Justice (COPS in Schools) Grant award. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. 15. Consider and act upon authorization to create the position of Public Information Officer. Mr. Biff Johnson, City Manager addressed this item providing Council with additional information on the request for a new position. Mr. Johnson stated that this position was created to fulfill a need within the organization to address such issues as the grant applications, the publication of the City Newsletter, Student Government Day activities and act as a liaison between the city and the Public. He also added that this position would handle press releases if the City's Emergency Operation Center were activated,as well as all press releases in general. Councilman Worley made a motion to approve authorization to create the position of Public Information Officer. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Mondy and Councilman Young,absent. R A $0. #3CKWANAKItt # APPROVED BY CO CO, OMIR BY ; A _*? MOTt :: The City Secretary then read all approved Ordinance captions into the record. With no further business to come before the Council,the meeting was then adjourned. Joel Scott,Mayor Pro Tem ATTEST: Barbara A Salinas,City Secretary Minutes of April 11,2000 Wylie City Council Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. E • March 27, 2001 Issue Consider and act upon a Development Plan/Preliminary Plat for the Estates at Creekside Addition,proposed by Campbell/Wylie Partners,for the property generally located south of Parker Road(FM 2514) and east of McCreary Road (CR 245), being all of a certain 45.192 acre tract situated in the Lewis M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County, Texas. Background The subject property was rezoned by the City Council from Agriculture (A) to a Planned Development District (PD 00-10)for Single-Family Residential Uses on November 28, 2000, in order to develop a master planned single-family residential community with certain open space amenities. That earlier action approved a generalized Concept Plan and specific Development Conditions. The Development Plan currently under consideration is the second and final step required to establish the Planned Development. The Development Plan will also serve as the Preliminary Plat. The subject property totals 45.192 acres. The development will create a total of 64 single-family residential lots, 32 of which will be a minimum of 10,000 square feet in size and 32 of which will be a 12,000 square feet. The development also provides for 20 acres of public park and additional right- of-way for the widening of Parker Road. Staff has reviewed the proposed Development Plan/Preliminary Plat for the Estates at Creekside Addition and found it to be in compliance with the Concept Plan and Development Conditions approved by the Commission and Council. This Preliminary Plat complies with the Subdivision Regulations and all other pertinent ordinances of the City of Wylie and State of Texas. Financial Considerations The applicant is aware that development impact fees must be paid before a Final Plat can be filed with Collin County. Water: $44,800 Sewer: $90,368 Other Considerations • The central north/south street will be extended south through the City of Parker(including bridging of Muddy Creek) in order to connect with the Creekside Estates development. This extension will provide a second point of access/egress for the proposed development as well as provide an additional north/south collector route between McCreary Road and Country Club Road. • The proposal provides for the dedication of right-of-way for the future widening of Parker Road. A 50 feet wide easement is also provided for future access to undeveloped property within the City of Parker west of the subject property. • In addition to the dedication of park land, the applicant will provide off-street parking for park access, as well as a lighted hike and bike trail. • The applicant is aware that a Final Plat must be approved prior to the issuance of any building permits. Board/Commission Recommendation At the February 6, 2001, Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this plat. Staff Recommendation Approval. The Departments of Public Works, Fire, and Development Services concur with this recommendation. Attachments Development Plan/Preliminary Plat tfrit Prepared by Revie f by Finance City an er Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; 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 PD, Planned Development District Classification, said property being described in Exhibit "A and B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof,by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2001. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary "EXHIBIT A" Property Description BEING a 45.192 acre tract of land situated in the Lewis M. Marshall Survey, Abstract No. 594, Collin County, Texas and being a portion of that called 47.8265 acre tract of land described in deed to Campbell/Wylie Partners recorded in Volume 4571, Page 1058 of the Deed Records of Collin County, Texas, (DRCCT), and a portion of that called 209.3886 acre tract of land described in deed to Campbell/Wylie Partners recorded in Collin County Clerk's File No. 98-0032454, DRCCT, said 45.192 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found for the northeast corner of said 47.8265 acre tract, same being the northwest corner of that called 0.908 acre tract of land described in deed to Mark Strange recorded in Collin County Clerk's File No. 93-0064862,DRCCT, and being in the southerly right-of-way line of Farm to Market Road No. 2514 (Parker Road), a 100 foot right-of-way; THENCE South 01°17'0l"East along the common line of said 47.8265 acre tract of land and said 0.908 acre tract of land, a distance of 294.36 feet (South 01°23'55"East, 294.30 feet, deed)to a 5/8-inch iron rod found for the southwest corner of said 0.908 acre tract of land; Thence South 89°04'04"East continuing along said common line, a distance of 133.18 feet(South 88°42'O1"East, 132.52 feet, deed)to a 3/8-inch iron rod found for the southeast corner of said 0.908 acre tract of land, same being the southwest corner of that called 1.364 acre tract of land described in deed to Peggy Howe and Jim Lee Howe recorded in Collin County Clerk's File No. 96-0036052, DRCCT; THENCE South 88°54'50"East along the common line of said 47.8265 acre tract of land and said 1.364 acre tract of land, at a calculated distance of 195.48 feet passing the southeast corner of said 1.364 acre tract of land same being the southwest corner of that called 2.0758 acre tract of land described in deed to Berkley Wm. Hotchkiss recorded in Volume 3012,Page 12,DRCCT continuing along the common line of said 47.8265 acre tract of land and said 2.0758 acre tract of land in all for a total distance of 493.09 feet (South 88°54'31"East, 492.79 feet, deed)to a 3/8-inch iron rod found for corner in the West line of DOVE CREEK MONROE ADDITION, 1st Installment, an unrecorded subdivision in Collin County, Texas; THENCE along the common line of said 47.8265 acre tract of land and said MONROE ADDITION the following: South 00°22'44"West, a distance of 98 feet crossing the approximate center line of Muddy Creek, continuing a total distance of 388.58 feet (South 00°16'37"West, 388.10 feet, deed)to a point for corner; South 00°51'44"West, a distance of 82.88 feet (South 00°45'37"West, 82.78 feet, deed)to a point for corner; South 11°16'16"East a distance of 47.32 feet (South 11°22'23"East, 47.26 feet, deed)to a point for corner; South 00°58'16"East, a distance of 263.22 feet (South 01°04'23"East, 262.88 feet, deed)to a 1/2-inch iron rod found for corner; South 00°53'28"East, a distance of 239.82 feet (South 00°51'23"East,240.00 feet, deed)to a 1/2-inch iron rod found for corner; South 00°32'48"East, a distance of 600.59 feet (South 00°30'04"East, deed)to a 5/8-inch iron rod found for the northeast corner of said 209.3886 acre tract of land; THENCE South 00°20'57"East along an east line of said 209.3886 acre tract of land, a distance of 292.95 feet to a point for corner in the approximate centerline of Muddy Creek; THENCE generally along the centerline meanders of Muddy Creek the following: North 83°09'34"West, a distance of 47.23 feet to the point for corner; North 20°51'22"West, a distance of 164.22 feet to the point for corner; North 71°06'58"West, a distance of 129.88 feet to the point for corner; North 43°56'00"West, at a distance of 119.40 feet passing the common line of said 209.3886 acre tract of land and said 47.8265 acre tract of land continuing in all for a total distance of 270.74 feet to a point for corner; North 10°05'08"West, a distance of 120.72 feet to the point for corner; North 15°19'47"East, a distance of 67.73 feet to the point for corner in the approximate centerline of Turner Branch; THENCE generally along the centerline meanders of said Turner Branch the following: South 85°37'20"West, a distance of 137.58 feet to a point for corner; North 10°42'21"East, a distance of 50.29 feet to a point for corner; North 30°05'11"West, a distance of 52.79 feet to a point for corner; North 85°53'16"West, a distance of 52.53 feet to a point for corner; South 42°01'37"East, a distance of 105.33 feet to a point for corner; South 45°30'08"West, a distance of 143.31 feet to a point for corner; South 56°50'48"West, a distance of 207.02 feet to a point for corner; North 70°29'50"West, a distance of 20.42 feet to a point for corner in the west line of said 47.8265 acre tract of land same being the east line of that called 49.092 acre tract of land described in deed to Hugh L. Lewis recorded in Volume 706, Page 455, DRCCT; THENCE along the common line of said 47.8265 acre tract of land and said 49.092 acre tract of land the following: North 00°20'10"East, a distance of 1077.71 feet (North 00°06'40"East, 1095.95 feet, deed) to a 1/2-inch iron rod found for corner; North 82°49'54"West, a distance of 266.71 feet (North 82°53'36"West, 266.71 feet, deed) to a point for corner; North 89°51'S1"West, a distance of 252.35 feet (North 89°55'33"West, 252.35 feet, deed)to a point for corner in the east line of that called 3.00 acre tract of land described in deed to Gerald Lewis recorded in Volume 961,Page 597,DRCDT; THENCE North 00°49'51"West along the common line of said 47.8265 acre tract of land and said 3.00 acre tract of land at a calculated distance of 281.29 feet passing the most easterly northeast corner of said 3.00 acre tract of land same being the southeast corner of that called 2.00 acre tract of land described in deed to Alvin D. Duncan recorded in Volume 1359, Page 556,DRCCT, continuing along the common line of said 47.8265 acre tract of land and said 2.00 acre tract of land in all for a total distance of 721.83 feet (North 00°32'05"West, 721.29 feet deed)to a 1/2-inch iron rod found for corner in the aforementioned southerly right-of-way line of Farm to Market Road No. 2514 (Parker Road); THENCE North 89°46'53"East along said southerly right-of-way line, a distance of 858.57 feet(North 89°41'37"East, 859.26 feet, deed)to the POINT OF BEGINNING and CONTAINING a computed area of 1,968.544 square feet or 45.192 acres of land. PLANNED DEVELOPMENT DESIGN STANDARDS ESTATES AT CREEKSIDE City of Wylie October 17, 2000 TRACT A -Single Family Residential Regulations Area regulations. (1) Size of yards 1. Front yard. There shall be a front yard having a depth of not less than 30 feet as measured from the front property line. 2. Side yard. There shall be a side yard on each side of the lot having a width of not less than 10 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. 3. Rear yard. There shall be a rear yard, a depth of not less than 25 feet. (2) Size of lot. 1. Lot area. No building shall be constructed on any lot of less than 10,000 square feet. 2. Lot width. The minimum width as measured as the front building line of the lot shall not be less than 75 feet. 3. Lot depth. The minimum depth of the lot shall be not less than 100 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,000 square feet exclusive of garages, breezeways and porches. (4) Additional Guidelines 1. Exterior Wall Materials - 100% of the dwelling's total exterior area, minus windows and doors, must be masonry veneer, such as brick or stone. 2. Roofs - Roofs must be covered with composition material of at least 240 lb weight shingle and have a minimum pitch of 6:12. 3. Fences and Walls - Fences may not exceed 7 feet in height. Fences must be made of masonry, wood or architectural metal. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. 4. Screening- The owner of a lot must screen the following items from the view of -the public and neighboring lots and dwellings, if any of these items exist on the lot: Gd\Creekside\Revised Creekside Planned Development.wpd -1- A. Clotheslines B. Drying racks C. Hanging clothes, linens, rugs and textiles of any kind D. Yard maintenance equipment E. Wood piles and compost piles F. Accessory structures such as dog houses, gazebos, metal storage sheds and greenhouses G. Garbage can and refuse containers H. Roof mounted antenna Plant material such as trees and bushes may be used for screening. 5. House Elevation - All plans shall be submitted and approved by the Architectural Control Committee. No like house elevation shall be constructed within 5 lots to each other on both sides of street. All garage doors shall be side loaded except if a minimum 25 feet behind front building line. Front load garage allowed on side street for corner lot. All chimneys shall be enclosed. 6. Landscaping- The following minimum landscape features shall be installed prior . to the initial occupancy: A. Trees - a minimum of 6 inches in total diameter shall be installed in the front yard. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches. B. Street Trees - Minimum of 1-3" caliper tree shall be planted between the sidewalk and the curb at all individual street frontages. C. Shrubs - eighteen (18) 3 gallon shrubs across the front of the house. D. Grass - solid sod from the front of home to the front curb. TRACT B Single Family Residential Regulations Area regulations. (2) Size of yards 1. Front yard. There shall be a front yard having a depth of not less than 35 feet as measured from the front property line. 2. Side yard. There shall be a side yard on each side of the lot having a width of not less than 12 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. 3. Rear yard. There shall be a rear yard, a depth of not less than 25 feet. (2) ,S'ize of lot. 1. Lot area. No building shall be constructed on any lot of less than 12,500 square feet. Gd`,Creekside\Revised Creekside Planned Development.wpd -2- 2. Lot width. The minimum width as measured as the front building line of the lot shall not be less than 90 feet. 3. Lot depth. The minimum depth of the lot shall be not less than 100 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,400 square feet exclusive of garages, breezeways and porches. 4) Additional Guidelines 1. Exterior Wall Materials - 100% of the dwelling's total exterior area, minus windows and doors, must be masonry veneer, such as brick or stone. 2. Roofs - Roofs must be covered with composition material of at least 240 lb weight shingle and have a minimum pitch of 6:12. 3. Fences and Walls - Fences may not exceed 7 feet in height. Fences must be made of masonry, wood or architectural metal. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. Architectural metal fencing required along the 100 year flood plain. 4. Screening - The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings, if any of these items exist on the lot: A. Clotheslines B. Drying racks C. Hanging clothes, linens, rugs and textiles of any kind D. Yard maintenance equipment E. Wood piles and compost piles F. Accessory structures such as dog houses, gazebos, metal storage sheds and greenhouses G. Garbage can and refuse containers H. Roof mounted antenna Plant material such as trees and bushes may be used for screening. 5. House Elevation - All plans shall be submitted and approved by the Architectural Control Committee. No like house elevation shall be constructed within 5 lots to each other on both sides of street. All garage doors shall be side loaded except if minimum 25 feet behind front building line. Front load garage allowed on side street for corner lot. All chimneys shall be enclosed. �6. -Landscaping- The following minimum landscape features shall be installed prior to the initial occupancy: A. Trees - a minimum of 6 inches in total diameter shall be installed in the Gd\Creekside\Revised Creekside Planned Development.wpd -3- front yard. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches. B. Street Trees -Minimum of 1-3" caliper tree shall be planted between the sidewalk and the curb at all individual street frontages. C. Shrubs - eighteen (18) 3 gallon shrubs across the front of the house D. Grass - solid sod from the front of home to the front curb. Gd\Creekside\Revised Creekside Planned Development.wpd -4- Zoning Summary Estates At Creekside s Wylie, Texas 9/18/00 Minimum Minimum No. Lot Width Minimum Side B.L. Minimum Tract Area Lot Area Lots at B.L. Lot Depth Front B.L. Side B.L. at Corner Rear B.L. House Area • ROW Dedication 0.2 AC Single Family Tract A 10.2 AC 10,000 SF 32 75' 100' 30' 10' 20' 25' 2,000 SF Tract B 17.2 AC 12,500 SF 32 90' 100' 35' 12' 20' 25' 2,400 SF Single Family Total 27.4 AC 64 Open Space Tract C(City Park) 17.0 AC Tact D(HOA) 0.6 AC Open Space Total: 17.6 AC TOTAL AREA: 45.2 AC Density: Gross: 1.4 DU/AC Net:2.3 DU/AC Tract A:Typical Lot Size = 80x125; Tract B: Typical Lot Size = 94x135 Summary: General Notes: Total Tract Area: 45.2 AC 1) 25'landscape area along Parker Road with curvilinear 4'sidewalk, maintained by HOA. ROW Dedication 0.2 AC 2) Minimum 6'masonry wall along Parker Road to be maintained by HOA. Single Family 27.4 AC 3) Park area to include 8'trail,trail lighting and park benches. HOA/Park 17.6 AC -5- b.--1.... ead;.ov«tla{=-- --,r ---- Lnan„u�o«:. rM'ti7s„ -_.._.r_.•r .......r..... • Y.•.. .... 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I .. . r' 4:,�`F"'•".'r'1�+:� F. •..r�•rw»...r..» . . .r rr_•r_ �N , f w _ . � �_±•�� C✓=� }I .fO M'MI II`;, Y .....w � • • • _ •• Y1. • • 6,41. ...9. )e. �t, " .ate,4.136✓A '`',\ • --ti^== -- --- . — , 1 1 • �� •tom �~IDA-6 co w •,•�..........�.._•..•....r.�.r• .'.....:...r f"��•�......r... .•. . _ sier•ole�•anm•�r•11 \ • ' • ; /'�`'�/^I` /14St A•�f•Vb1[D �Toe 1154".H. IHtTlx+zv GT' _._ N I -.. -- -- P ' i� I `,r A"444\ 1 4/0, Na aN, y,,�s ansavv vMm9 ."'• s" ll �� yY 41.6��. Wofif a • .,/ WYLIE CITY COUNCIL AGENDA ITEM NO. 9- March 27, 2001 Issue Hold a public hearing to consider and act upon approval of a request from Dale Powrie for approval of a zone change from SF-3 (Single Family Residential)District to PD (Planned Development)District for Retail, Professional Office and Single-Family Residential uses, for a 0.1865 acre tract located at 311 North Ballard Avenue, being all of Lot 17, Block 3 of the Brown and Burns Addition, City of Wylie, Collin County, Texas. (Zoning Case No. 01-01) Background The applicant is requesting rezoning of the subject property in order to construct a two-story building of 3,386 square feet under roof(2,772 square feet air conditioned), to be used for a combined single-family residence and retail or professional office uses. The subject property is platted and zoned for SF-3 (Single-Family - 3 Residential) uses. It contains a total of 8,125 square feet (0.1865 acre), and fronts 65 feet along Ballard Avenue and 125 feet along Brown Street. The lot is currently vacant but was once occupied by a single-family residence. The properties to the south (adjoining) and east (across Ballard) of the subject tract are zoned, developed and occupied for SF-3 (Single-Family- 3 Residential) uses. Property to the west (across the alley) is zoned SF-3 but is developed and used for multi-family residential uses. The property to the north across Brown is zoned and developed for SF-2 (Single-Family Residential-2) uses. The property to the northeast across Brown/Ballard is zoned SF-2 and developed for church uses. Public Comment Forms were mailed to eighteen (18) property owners within 200 feet of this request. Five Public Comment Forms have been returned, and one was in favor and four were against the request. S( :fi::S : ` ?::': :ii;:;:::;;;r::::::;:'y'<? it:'::'`::>'::::: ,'•:;?:? i:;.x: :%r; liana Financial Considerations Rezoning application fee - Paid Other Considerations 1. The Future Land Use Plan of the Comprehensive Master Plan recommends Suburban (medium- density) Residential uses for the subject property. However, the Plan also specifically includes this parcel within the Historic Downtown Corridor which is intended to "contain a variety of compatible residential and nonresidential land uses combined in a manner which preserves the historic character of the downtown core while enhancing its marketability as a viable commercial center". 2. Section 21 of the Zoning Ordinance states that the Planned Development District category "is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations, and to permit flexibility in the use and design of land and buildings in situations where modification of the specific provisions of the ordinance is not contrary to its intent and purpose". However, Section 21.1(5) requires that"the minimum acreage for a Planned Development District request shall be five acres". On November 21, 2000,the Planning and Zoning Commission approved a waiver of the minimum acreage requirement to allow this PD request to be submitted on the lot for a joint residential/business use. Although the granting of the waiver was in no way binding on the applicant to submit or the Commission to approve a future PD request, Commissioners also provided some guidance concerning appropriate design and development conditions which they believed complement this sensitive location and unique combination of uses. 3. This property is the northern limits of the Historic Downtown District, bounded by the collector thoroughfare Brown Street corridor. Existing properties in this block and to the north of Brown Street reflect a detached residential character, rather than the attached business character (flat building form, masonry materials, signage, parking) which is reflected to the south of Jefferson Street. The development plan and conditions of the PD require a residential design which conforms to the character of the adjacent structures and serves to enforce the residential district to the north. The limited specialty retail and personal services allowed by the PD as well as the on-street parking conform to and enforce the historic mixed-use comprehensiveness of the downtown core. Board/Commission Recommendations At the March 6, 2001 Planning and Zoning commission meeting, the Planning & Zoning Commission voted 4-0 to approve the zone change request, subject to parking for the non-residential use being provided on-site and located to the rear of the lot. Staff Recommendations Approval of the rezoning. The proposal is consistent with the mixed-use intent of the Comprehensive Master Plan as well as the existing residential character of the adjacent properties. The Departments of Development Services, Public Works, and Fire, concur with this recommendation. Attachments Ordinance Location Map Area Zoning Map Property Owner Notification Map Conditions of the Planned Development District Development Plan First Floor Plan Second Floor Plan Front Elevation Right Elevation Left Elevation Rear Elevation Prepared by Revi d by Finance City ager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; 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 PD, Planned Development District Classification, said property being described in Exhibit "A and B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2001. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Being a 0.1865 acre tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being all of Lot 17, Block 3 in the Brown and Burns Addition. CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Single Family Residential/Professional Office/Retail Southwest Corner of Ballard Street and Brown Street General Conditions: 1. This Planned Development District shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the R (Retail) district set forth in Section 17 of the comprehensive Zoning Ordinance (adopted as of November 12, 1991) are included by reference and shall apply except as provided herein. 3. Development shall be in conformance with the approved Detailed Site Plan. Special Conditions: 1. No uses shall be permitted except the following: Optical shop Studio, art, music, drama, speech Letter and mimeograph shop Florist shop Barber or beauty shop Book, camera or card shop Handicraft or hobby shop Key shop Photography studio Shoe repair Single-family residence 2. No outside storage of any equipment or materials shall be permitted. 3. Fencing or hedge shall be permitted in front of building line and shall be limited to a maximum of 4' in height, minimum 50% open. 4. Rear and side yard fence shall not exceed 8' in height. 5. All paving to be concrete—No asphalt allowed. 6. All free-standing signs shall be limited to monument signs or pole signs. No more than 4' in height. 7. No more than 45% of structure to be used for non-residential purpose. 8. Exterior veneer shall consist of vinyl siding or wood in a residential pattern in keeping with character of surrounding properties. 9. Prohibited outside or concealed behind rear fence - clotheslines, drying racks - wood piles and compost piles - accessory buildings (such as, dog houses, gazebos, storage sheds, and greenhouses) 10. HVAC equipment shall be screened by fence or living screen. 11. No t.v. antenna or satellite dish shall be visible from street. 12. Two on-sight parking shall be provided for the retail use and two on-site parking spaces shall be provided for the residential use. All parking shall be located to the rear of the lot. FROM : Joan Lively & Assoc. 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ASKE1N PHOTO 11 2 f 4 : �"If, Lot alk CUSTOM }_.4C)MES W >F� I I 5 0 r E o y AcJdress ; L'-- ! 511 NORTH 15ALL.A1�G AVENUE cSENERAL NOTES: - sN ",°Kr 1 o i - fLC LIG 5'•PEKALK,MIN.4'W1O _0iOGIt GDEAA�K APsvmAG-. wtN4 3 ,..,, a ru WhrE vct,� akiNe roY rtQA4,6.vIN 12 HU:i I 1342_oPI J N WYL C GO-LIM GO�.1NNT V, TtXAS J pRIvCrIhY o*AtrAce M:N, le•mat I E'i'LacF TO G+�Gi role.n;.r I I rec 1elo� pz 7 DC�EO a D1SCREPANc 1ze,1:i! b,ANO/PR 1 I �1 a 5 G ALE , 1 �Q-O oMl_Si^N5 To TMIg PLOT PLAN / •%00 4 Pa12Ss TO GGN3T2 G•1oN. 1 iIi7g1 M I i master suite 1• 111 IT-I" x IS'-b" , �. 2 car garage f _ rti aster bath ' \ } } W.I.C. ©W O I 1 I FIE [COS T kitchen r darkoo l0'-6 ,c\3'-'" storage r- -, 1 f 4 (--- . 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I I --- _ } - ---��_ ----------------------- FONT ELE\/\TION SCALE: 1/4" = 11-0" „o-, I _ ,,g/1 :T-;V N., Q I L A -1 L I rj Y” I_ II _ I i i _ 1 i 1 _________I I -- LE E _ E /A� 1 QN SCALE: 1/g" = 1 '-O" • i L-- 1\\V ------- C ;) N SCALE I /a II I I-Q II WYLIE CITY COUNCIL AGENDA ITEM NO. , March 27, 2001 Issue Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Stone Road paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Background The 1999 Bond identified four major paving projects, all of which will require the purchase of additional right-of-way. The Stone Road project from Birmingham St. to Ballard Ave. is a new alignment and requires the purchase of multiple structures. The majority of the right-of-way for the project has been purchased, however, some of the remaining parcels may be acquired through condemnation. The resolution establishes a public necessity to acquire a portion of the right-of-way located at the intersection with Birmingham St. Financial Considerations Bond funds of$965,000 have been budgeted for the construction of Stone Road from Birmingham St. to Ballard Avenue. This includes funding for right-of-way acquisition. Approximately $354,000 has been expended to date. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends adoption of a resolution establishing a public necessity to acquire property for the Stone Road project. Attachments Resolution and Exhibit 'A' cry,;.0*tiati Prepared by CL Revie by Finance ity Ma ager Approval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE STONE ROAD PAVING PROJECT; ESTABLISHING PROCEDURES FOR THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF PROPERTY. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the property described in Exhibit "A" and it is the City of Wylie, Texas' ("Wylie") intention to acquire, by purchase or condemnation, the real property as set out and described in Exhibit "A" attached hereto and made a part of this resolution of for all purposes (the "Property") as part of the Stone Road Project of Wylie for the purposes of paving and drainage improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the Property described in Exhibit"A" and it is Wylie's intention to acquire, by purchase or condemnation, the Property as set out and described in Exhibit "A" attached hereto and made a part of this resolution of for all purposes as part of the Stone Road Project of Wylie for the purposes of paving and drainage improvements. SECTION 2: The City Manager is hereby authorized to contract, on behalf of Wylie, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquisition, by purchase or condemnation, of the Property for the Stone Road Project. SECTION 3: After consideration of said recommendation, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the Property. SECTION 4: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition, the City Manager is authorized to communicate a written offer to the owner of said Property for acquisition of said Property at the full amount determined and established to be just compensation therefore, and to negotiate with said owner on behalf of Wylie. RESOLUTION-Page 1 Condemnation Resolution - martin SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to acquire the Property needed for said project, on behalf of Wylie. SECTION 6: Should the City Manager be unable to acquire the Property by purchasing the same, the City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the acquisition of the Property. SECTION 7: That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of , 2001. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Barbara Salinas Abernathy, Roeder, Boyd & Joplin, P.C. City Secretary Richard M Abernathy City Attorneys DATE(S)OF PUBLICATION: RESOLUTION-Page 2 Condemnation Resolution - martin WYLIE CITY COUNCIL AGENDA ITEM NO. 4, March 27, 2001 Issue Consider and act upon acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo, Brown& Hill Background The Comprehensive Annual Financial Report (CAFR) for the fiscal year which ended September 30, 2000, including the Independent Auditors' Report, has been completed and will be presented to the Council by the City's outside audit firm, Pattillo, Brown& Hill. The auditors will briefly discuss some of the year's highlights and will answer questions the City Council may have regarding the report. The FY 1999-2000 CAFR will be submitted to the Government Finance Officers Association for review in the Certificate of Achievement for Excellence in Financial Reporting program. The CAFR for the 1998-1999 fiscal year received this award and the award has now been received for the past eleven consecutive years. We believe the FY 1999-2000 report continues to meet the Certificate of Achievement program standards. Financial Considerations N/A Other Considerations The City's Charter, in Article VII, Municipal Finance, Section 13: Independent Audit, requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. Staff Recommendation The staff recommends that the City Council accept the 1999-2000 Comprehensive Annual Financial Report. Attachments 1999-2000 Comprehensive Annual Financial Report Lir;/' /// Gf Pre red by Revie ra by Finance City Manger Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 5`. March 27, 2001 Issue Consider and act upon approval of an amended easement within Community Park and Founders Park. Background Aerie Network Services, Inc., a telecommunication company, has requested approval of a telecommunication easement within the existing pipeline easement which runs through both Community and Founders Parks. The proposed easement would not place any additional limits on the use of the property beyond what already exists from the original pipeline easement. Staff has coordinated with the Wylie Independent School District regarding the negotiation of this easement, particularly as it crosses Community Park onto School District property. The length of the easement through Community Park is 1200' and 2035' through Founders Park. Other Considerations Financial Consideration Compensation for the easement consists of$1.00 per foot plus $1.00 per foot for damages for a total of$6,470.00. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the amended easement. Attachments Easement Agreement Maps cam...Pre red red by Review by finance City M ger Approval Recording requested by and when recorded mail to: Aerie Network Services,Inc. 2448 East 81st Street Suite 2600 Tulsa,Oklahoma 74137-4311 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § TELECOMMUNICATIONS EASEMENT THIS TELECOMMUNICATIONS EASEMENT (this "Agreement") is made this day of ,by and between ("Grantor")City of Wylie, whose mailing address is PO Box 428 Wylie,TX 75098-0428,and Aerie Network Services,Inc.,a Delaware corporation ("Grantee"), whose mailing address is 2448 East 8151 Street, Suite 2600, Tulsa, Oklahoma 74137-4311. WITNESSETH: For and in good consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grantor is the owner of certain property situated in Collin County, State of Texas as more particularly described on Part I of the attached Exhibit "A" (the "Property"). Grantor hereby grants, sells and conveys unto Grantee, its successors and assigns, a perpetual easement and right-of-way (hereinafter, together with the rights and privileges herein granted, the "Easement"), to survey, construct, install, test, maintain, inspect, operate, protect, repair, upgrade, change the size of, replace, relocate, reinstall, abandon and remove underground communications system(s) together with necessary underground conduits, cables, wires, underground splicing boxes, and any other appurtenances thereto, at any time or times for the transmission of voice, video, data or other communications for itself and by others on, in, over, under, through, and across that portion of the Property described in Part II of Exhibit "A" (the "Easement Area"),together with the right of ingress and egress to, from and along the Easement Area and the right to use Grantor's adjacent property, gates and existing roads for the aforesaid purposes (Grantee shall and does hereby agree to restore any damage to such adjacent lands, gates, or roads caused by its use thereof) and together with a temporary easement to provide work space along and adjacent to the Easement Area as may be deemed necessary by Grantee. The term of the Easement shall commence on the date hereof and shall extend for perpetuity. 2. Grantee shall restore the surface of the Easement Area and adjacent property nearly as reasonably practical to its original condition, grade and level after performing any construction or other work that disturbs the surface of the earth. Grantee shall cause reasonable payment to be made for actual damages to crops, timber and improvements of Grantor directly resulting from the exercise, now or in the future,of the rights herein granted;provided,however, that after Grantee's initial installation and construction of its facilities on the Easement Area, Grantee shall not be liable for damages caused to undergrowth and/or brush within the Easement Area and Grantee shall have the right to clear such obstructions from all areas within the Easement Area. Grantee shall place no above ground structures or improvements (except for markers at property lines,fence lines. and road and stream crossings)upon the Easement Area. 3. Subject to the terms hereof, Grantee shall have all other rights and benefits necessary or useful to the full and complete enjoyment and use of the Easement for the purposes stated herein. 4. Grantor shall have the right to use and enjoy the Easement Area provided that Grantor shall not in any way interfere with or impair, or permit third parties to interfere with or impair, Grantee's exercise and enjoyment of the rights granted herein. Grantor shall place no above ground structures or improvements upon the Easement Area. No rights reserved to EXGRTXCO 00076.000 EXGRTXCO 00091.001 • Grantor herein shall be deemed to expand rights reserved to Grantor under any other easement. No limitation herein on the rights of Grantee shall be deemed to limit rights heretofore granted by Grantor or its predecessors in interest under any other easement. 5. This Agreement and all other rights granted herein may be leased, assigned, licensed or apportioned by Grantee, in whole or in part,without the consent of the Grantor. The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto,their successors, assigns, personal representatives,and heirs. 6. This instrument fully sets forth the terms and conditions of this Agreement. There are no oral or other written agreements between Grantor and Grantee that modify, alter, or amend this Agreement. 7. Grantor warrants that Grantor has the right to convey the Easement and all rights and privileges set forth herein and that he/she/they is/are the sole owner(s) of the fee interest in the Easement Area. Grantor shall execute such further assurances thereof as may be requested by Grantee. TO HAVE AND TO HOLD,the Easement and all rights and privileges described herein, unto Grantee, its successors and assigns, and Grantor hereby binds Grantor, Grantor's heirs, executors,administrators, successors, and assigns,to warrant and forever defend all and singular the Easement Area, temporary work space easement, and the property, rights, privileges, and interests above-described, unto Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor(s) and Grantee have caused this Agreement to be signed the day and year first above written. GRANTOR(S): Signature: Print Name: Date: EXGRTXCO 00076.000 EXGRTXCO 00091.001 Collin County N Texas Tract 00091 . 001 ° p II v roL; rr t( '-'------;.' filDril • �T11� II ^ k y �A l r� .N M _ chrria°el t,: - ro a L m 14 r') v — N x 111111 . 11_ O 3 p � I sat_ X -8 IS (\g, •1 • Ii I) Il --jri712 m L3°] cil Ir.' -I co E w ��,TTTppp''�,,,,,,,,�,,��r��,,,,�� N 46-i_' m d Pirate I� I�oC t-(t------1 III illow n ok City of .� Wylie Tract 91.001 '..\ a Twin Oaks __________, , -4 ti-Iiiin_j ii m ... (.....____ li—ci2miaL___El vl __�.— Elm ,i II �l J AERIE CABLE ROUTE Note: This plat is provided for informational purposes only. It is not a surveyed plat. 1" = 1500' JSG/ 1-01 CITY OF WYLIE AERIE o,E.. Collin County, Texas networks Pr Collin County N Texas Tract 00076 . 000 F-M Rd 544 sus—a. -- -- — — 71-11. 8..-11.4::*)-..." -- Steele I 1 I I o_ Tract 76 11 m _ _ _ _ _ — — City of I Wylie 1 t il N --- ---- _ Hensley J m E a ,N_....___....._----_ _ o U / d iti Zr to AERIE CABLE ROUTE Note: This plat is provided for informational purposes only. It is not a surveyed plat. 1" = 1500' JSG/ 1-01 CITY OF WYLIE AERIE oRo�E., networks Collin County, Texas WYLIE CITY COUNCIL AGENDA ITEM NO. 6. March 27, 2001 Issue Hold the second of two Public Hearings for the Annexation of land being a 359.66 acre tract of land situated in Collin County, Texas and being a part of the J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey, Abstract No. 979, and being part of those certain tracts conveyed to Joanne Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in Collin County Clerk's File Number 95-0005773 and being all that certain tract of land described in Quitclaim deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in County Clerk File No. 96-0091287, Deed Records, Collin County, Texas, said tract being more particularly described by metes and bounds as in Exhibit A. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A(Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published in newspaper for Public Hearings March 14, 2001 Notice posted on internet for Public Hearings March 14, 2001 First Public Hearing March 26, 2001 Second Public Hearing March 27, 2001 Adoption of Ordinance April 24, 2001 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.062 and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Annexation Location Map Service Plan Letter Requesting Annexation ,Ve.,,,g :, aredby &SFL* ity Man er royal Better Community Development, LLC February 6, 2001 Mr. Michael B. Sferra Director of Development Services City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Request for Consensual Annexation of Property into the City of Wylie, Texas Dear Mr. Sferra: Pursuant to your suggestions and guidelines, Better Communities Development ("BCD"), as Applicant, acting for and on behalf of the Franklin Ovid Birmingham Memorial Land Trust, as Owner, hereby formally request consensual annexation of that certain property known as Bozeman Farms, and being more particularly described in Exhibit "A" (attached) into the City of Wylie, Texas. Attached also is a survey map prepared by Daniel A. Smith, Land Surveying, Inc. describing the property by metes and bounds along with all existing easements. The property in question is approximately 358.9 acres in size and partially fronts on Stone Road adjacent to existing City of Wylie annexed property. Please proceed under Chapter 43 of the Texas Local Government Code, 2000 Edition to give proper notice and conduct the annexation proceedings. If there is any additional information you require, please let me know. Sincerely, Better Community Development . Phillip Clegg Managing Director Attachments Legal Owner of Property: Franklin Ovid Birmingham morial Land Trust By: 6��" �(, . :Jr - Name: 73, 1 I , Title: e e c.t 1•'v# 0,•1.42•- Date: -7 - vI 4287 Beltline Road•#309• Addison,Texas 75001•VOICE(972)293-4400• FAX(972)407-0718 e-mail■rc- WYLIE CITY COUNCIL AGENDA ITEM NO. r, March 27, 2001 Issue Hold the second of two Public Hearings for the Annexation of land being all that certain lot, tract or parcel of land situated in the FRANCISCO DE LA PINA SURVEY, ABS TRACT NO. 688, City of Wylie, Collin County, Texas, and being a part of that 2.939 acres tract of land as described in a Warranty deed from Rockwall Lot Leveling & Grading, Inc. to Paul C. Merritt and Richard A. Williams, dated February 14, 1985 and being recorded in Volume 2070, Page 140 of the Land Records of Collin County, Texas, said tract being more particularly described by metes and bounds as in Exhibit A. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A(Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published in newspaper for Public Hearings March 14, 2001 Notice posted on internet for Public Hearings March 14, 2001 First Public Hearing March 26, 2001 Second Public Hearing March 27, 2001 Adoption of Ordinance April 24, 2001 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.062 and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Annexation Location Map Service Plan Letter Requesting Annexation r pared by eview by mance City Mana pproval Mr. Steel, Inc. P. O. Box 1930 Rockwall, Texas 75087Y.. Phone 972-771-4038 Fax 972-771-5549 March 19, 2001 Dear Mike Sferra, This letter serves as a request for annexation of my property located at 1050 N. Hiway 78 Wylie ,Tx.. Property : A TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY , ABSTRACT NO. 688, COLLIN COUNTY ,TEXAS, AND BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS ON ATTACHED EXHIBIT 'A' . Your immediate attention on this matter would be greatly appreciated . Sincerely, 16)--e-Creq-el Sincerely, James Rowan Mr. Steel, Inc. President Exhibit "A" DESCRIPTION All that certain lot tract or parcel of tend situated in the FRANCISCO DE LA PINA SURVEY, ABSTRACT NO.688 City of Wylie,Collin County,Texas,and being a part of that 2.939 acres tract of land as described in a Warrenty_deed from Rockwall Lot Leveling&Grading. Inc. to Paul C. Page 140 of the Lend Records of Collin February Texa9,and being mr recorded in des2070, bed as follows: BEGINNING at a 12"iron rod found for corner in the Northwest right-of-way tine of State Highway 78, at the Southwest corner of said 2.939 acres tract of land, and being at the Southeast corner of a 0 998 acres tract of tend as described in a Warranty deed to Doyle and Nancy Mitchell as filed In County Clerk's file 98-0069578 of the Official Public Records of Collin County,Texas; THENCE N. 00 deg.04 min. 18 sec. W. along the common line between said 2.939 acres tract and said 0.998 acres tract, a distance of 326.26 feat to a 3/8"iron rod found for corner In the Southeast right-of-way line of the Kansas City Southern Railroad; THENCE In a Northeasterly direction along a curve to the right having a central angle of 01 deg.28 min. 01 sec., a radius of 5741.78 feet a tangent of 73.51 feet,a chord of N. 57 deg.21 min. 17 sec. E., 147.01 feet;along said right-of-way line, an arc distance of 147.02 feet to a 1/2"iron rod with yellow plastic cap stamped"R.S.C.I.RPLS 5034"set for corner; THENCE SOUTH (Controlling bearing line)parallel to the East boundary of said 2.939 acres tract, a distance of 379.07 feet to a 12' iron rod with yellow plastic cap stamped "R.S.C.I.RPLS 5034"set for corner in the curving Northwest right-of-way line of said State Highway 78; THENCE In a Southwesterly direction along a curve tothe left having a central angle of 02 degg.53 min.08 mln. 5 sec. W c.,a radius 19 fe9et alon24.93 g said,tangent ht of way line,f 83.11 feet, chord distance o 128.20 feel to the POINT OF BEGINNING end containing 1.00 acres of land.