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12-10-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, December 10, 2002 6:00 P.M. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken t16Ee:: end::: < : :.::>:.;:<.: A. Approval of the Minutes from the Special Meeting of November 11 and Regular Meeting of November 12,2002. B. Consider and act upon a Final Nat for the Creekside Estates,Phase 2 Addition, generally located east of McCreary Road and north of McMillen Road, being all of a 47.873 acre tract of land, being a portion of a called 114.1554 acre tract of land described in a deed to CampbeWWylie Partners recorded in Volume 4137,Page 1120 of the Deed Records of Collin County,Texas (DRCCT) and being a portion of a called 112.1246 acre tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4343,Page 1370, DRCCT, situated in the John W. Mitchell Survey, Abstract No. 589,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Village Addition,generally located east of Westgate Way and south of Fleming Street,being all of a 16.6883 acre tract of land described in a deed to David Litowitz recorded in County Clerk's File No. 93-0100356 of the Deed Records of Collin County, Texas, situated in the E.C.Davidson Survey,Abstract No.266,City of Wylie,Collin County,Texas. D. Consider and act upon entering into an Interlocal Agreement with Collin County for the development of Birmingham Park. E. Consider and act upon entering into an Interlocal Agreement with Collin County for playground improvements to Community Park. F. Consider and act upon the execution of a Resolution and an Interlocal Agreement to participate in the Texas Local Government Purchasing Cooperative. G. Consider and act upon approval of a resolution authorizing donation of 0.0299 acres of land to the State of Texas for the right-of-way for S.H. 78. H. Consider and act upon approval of a Resolution creating an Economic Development Cooperation Agreement governing the activities of the City of Wylie Economic Development Activities. Public Hearings &Approval of Ordinances 1. Consider and act upon a Settlement Agreement between the City of'Wylie and TXU as a result of the settlement between the City of Denton et al.vs. TXU. 2. Hold a Public Hearing to consider and act upon an Ordinance changing TXU Gas Distribution's Rates and Charges. 3. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 (SF- 8.5/17)to Townhouse(TH),located at 413,415,417,and 419 N.Jackson Avenue,being Lots 2B,2C,2D and 2E,Block 3 out of the Russell Addition, situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie,Collin County,Texas. (Zoning Case 2002-16) 4. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Single- Family 10/19 (SF-10/19), located west of F.M. 544 and south of the Stoneridge Farms Addition, being all of a 45.07 acre tract of land as described in a deed to William L. Collins recorded in Volume 309, Page 285,Deed Records of Collin County,Texas,situated in the A.Atterbury Survey,Abstract No. 23, City of Wylie,Collin County,Texas. (Zoning Case 2002-17) 5. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) for mixed uses, including commercial and residential of various densities and housing types. Generally located south of F.M. 544 and west of Country Club Drive, being three separate parcels totaling 157.2888 acres, Parcel 1 being a 37.3823 acre tract of land situated in the I&GN Railroad Company Survey,Abstract No. 1061 and L.K.Pegues Survey,Abstract No. 703,Parcel 2 being a 68.3705 acre tract of land situated in the L.K.Pegues Survey,Abstract No. 703,and Parcel 3 being a 51.5360 acre tract of land situated in the W.M. Sachs Survey,Abstract No.835,City of Wylie, Collin County,Texas. (Zoning Case 2002-18) 6. Hold a Public Hearing to consider and act upon a change in zoning to amend the Conditions for Development of Bozeman Farms Planned Development District (PD 2002-21) for Single-Family Residential and Village Center Mixed Uses to allow Day Care uses within the Single-Family Residential areas without SUP approval and to eliminate the front garage offset from the facade of house. PD 2002-21 is a 475.80 acre tract generally located south of Stone Road and east of FM 544. (Zoning Case 2002-19) 7. Consider and act upon an Ordinance annexing all of a certain 48.643 tract of land out of the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and generally located north of the proposed extension of Park Blvd and west of Parker Road. 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 on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be 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 ,2002 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. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.Wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 MINUTES Wylie City Council Tuesday, November 11, 2002 — 6:0 0 p.m. Wylie Munic:ipnl Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present: Mayor John Mondy, Councilman Joel Scott, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Councilwoman Reta Allen was absent. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director;Barbara Salinas,City Secretary. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Hogue was askedto provide the invocation and the Pledge of Allegiance. CITIZENS PARTICIPATION None. INDIVIDUAL CONSIDERATION 1. Hold the first of two Public Hearings for the annexation of a 48.643 tract of land out of the Mercer Phalen Survey,.Abstract 695,Coffin.County,Texas,and generally located north of the proposed extension of Park Blvd and west of Parker Road. Ms.Mindy Manson addressed this item,providing Cnunci l abrief backg,roundon the request for annexation. Ms. Manson stated that the annexation is at the request of the Wylie Independent School District for the new junior high/intermediate crhnnl property_ The property was previously within the jurisdiction of St. Paul and was released by their Council. Should the City Council approve the proposed annexation,the property will be zoned as A (Agricultural). Ms Manson advised that this is the first of twa scheduled public hearings with a vote and adoption of the Ordinance scheduled for December 10,2002. The Mayor then opened the.Public Hearingand asked that anyone wishingta speak either in favor or in opposition of the annexation request to please come forward and state their name and address for the record and limit their comments to three minutes With no response,the Mayor then closed the Public Hearing. ADJOURNMENT With no further business to comebefore the Council,the meeting was adjourned at 6:03 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes-November 11,2002 Wylie City Counal Page 1 IMMO 8616 NORTHWEST PLAZA DRIVE ■■■ H a l f f Associates DALLAS,TEXAS -6200 (214)3 75225 ■■■ FAX(214)739-0095 ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS • SURVEYORS September 3,2002 Collin County CSJ No.: 0281-02-057 Account.No.: 8018-02-040 Federal Project No.: N/A Parcel No. 5 S.H. 78: From F.M. 544 to East of Eubanks Street City of Wylie Mr. Chris Hoisted, City Engineer 2000 N. Highway 78 Wylie, Texas 75098 RE: Acquisition of title to 0.0299 acres (1,302 sf) of land, more or less,situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County,Texas Dear Mr. Hoisted: Enclosed for your review you will find an original and one (1) copy of a form of Donation Deed concerning the above-referenced property, needed for the proposed improvements of S.H. 78. If this document meets with your approval, please execute of the originals and return same to this office in the stamped, self-addressed envelope enclosed for your convenience. The copy should be retained for your files. The Deed must be signed before a Notary Public. If you have any questions concerning the transaction,you may call me at(214) 346-6316. Thank you for your attention in this matter. Sincerely, Haiff Associates,Inc. Mark M. Janicki, J.D., P.E. Enclosure cc: Travis Henderson, Texas Department of Transportation AVO 20655 DALLAS • FORT WORTH • HOUSTON • McALLEN TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT • MUNICIPAL • ENVIRONMENTAL • STRUCTURAL MECHANICAL • ELECTRICAL • SURVEYING • GEOGRAPHIC INFORMATION SYSTEMS ARCHITECTURE • LANDSCAPE ARCHITECTURE • PLANNING t Special Projects November 18, 2002 City of Wylie Mindy Manson 2000 Highway 78 North Wylie, Texas 75498 RE: Interlocal Agreement for funding of Parks and Open Space Grant Collin County Commissioners Court approved the Parks and Open Space Grant Application for the amount of $47,143.00 for the construction and/or improvements to Community Park. Enclosed are two original Interlocal Agreements for approval and appropriate signatures. Please return both the signed originals. Upon approval by the Collin County Commissioners Court an original will be returned for your file. Should you have any questions please phone me at 972-548-3744. Best Regards, 1) tMetU Teresa Nelson 700 A Wilmeth Road McKinney, Texas 75069 s(972) 548-3723 • (972) 424-1460 ext.3723(Metro) • FAX (972) 548-3754 4:1Th'COLLIN COUNTY Special Projects November 18, 2002 City of Wylie Mindy Manson 2000 Highway 78 North Wylie, Texas 75098 RE: Interlocal Agreement for funding of Parks and Open Space Grant Collin County Commissioners Court approved the Parks and Open Space Grant Application for the amount of$100,000.00 for the construction and/or improvements to Birmingham Park. Enclosed are two original Interlocal Agreements for approval and appropriate signatures. Please return both the signed originals. Upon approval by the Collin County Commissioners Court an original will be returned for your file. Should you have any questions please phone me at 972-548-3744. Best Regards, JAR-tCa, /VIA' L-• Teresa Nelson 700 A Wilmeth Road McKinney, Texas 75069•(972) 548-3723 • (972) 424-1460 ext.3723(Metro) •FAX (972) 548-3754 MINUTES Wylie City Council Tuesday, November 12, 2002 — 6:0 0 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Chris Hoisted, City Engineer and Barbara Salinas,City Secretary. INVOCAMOttaiialtDeeitit Warner Washington of St. Anthony's Catholic Church was present to provide the invocation and Councilman Trout was asked to lead the Pledge of Allegiance. • Recognition of Star Students for demonstrating the character trait of Respect The Mayor and Mayor Pro Tern honored the WISD Star Students for their exemplification of the character trait"Respect". • Presentation of Student Government Day proclamation The Mayor explained the scheduled events for Student Government Day that takes place at the Municipal Complex on November 12, 2002. Students were present to sit and observe the Council Meeting as part of the Student Government Day Program. • Presentation of Reach for a Star Program and Invitation to Council. Ms. Aimee Nemer, City Secretary's Office, made a presentation to initiate the 2002 Reach for A Star Program. She then invited the Mayor and Council to select stars from the star tree. Ms. Tinsley from the Wylie Independent School District invited the students present to help her select 25 stars from the star tree. Ms. Jodie Laudenberg, State Representative Elect was present to thank the community for its support in her recent elections. She stated that she is looking forward to working with the community and is available as our State Representative. CORSMINGIMEMBERIMEINIERIEEMBERENNEESSIBMINESENESIN A. Approval of the minutes from the regular City Council Meeting of October 8 and October 22, 2002. B. Consider and act upon a reimbursement agreement with Twin Lakes LP for a portion of the construction of Alanis Blvd within Phase IV of the Twin Lakes Subdivision. Minutes—November 12,2002 Wylie City Council Page 1 C. Consider and act upon a Final Plat for the ME-N-U Estates Addition, generally located southwest of Pleasant Valley Road and east of South Ballard Averue, being all of a certain 5.001 acre tract of land conveyed to Darcy Wyler as recorded in Volume 5096, Page 1491, Deed Records of Collin County, Texas,being situated in the Guadalupe De Los Santos Survey,Abstract No. 1384,Dallas County,Texas and Abstract No. 1100, Collin County, Texas, within the Extraterritorial Jurisdiction of the City of Wylie,Texas. D. Consider and act upon a Final Plat for the Southplace Estates Phase V Addition,generally located east of Ballard Avenue and south of FM 544 and east of the existing Southplace Estates Phase IV Addition, as described in a deed to Wylie Southplace L.P.,being part of a certain 48.56 acre tract as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie, Collin County,Texas. E. Consider and act upon a Final Plat for the Southplace Estates Phase VI Addition, generally located east of Ballard Avenue and south of FM 544 and south of the existing Southplace Estates Phase I Addition, as described in a deed to Wylie Southplace L.P.,being part of a certain 48.56 acre tract as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie, Collin County,Texas. F. Consider and act upon a Final Plat for the Railroad Industrial Park Addition, lst Revision, generally located west of Birmingham Street and north of State Highway 78, being all of a 0.397 acre tract of land,including a replat of Lot 3 in order to incorporate a 0.123 acre tract of land conveyed to Robert W. Heath, Dorothy Heath, Dick O. Sharman and Carolyn Sharman as recorded in Collin County Clerk's File No. 02-0151549, situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County,Texas. Councilman Scott asked that the minutes of October 8th reflect the following corrections. Page 2,Item 2. Minutes should reflect that this item was tabled and removed from the Table at the October 8th meeting. Page 3, Item 5. The vote should reflect a 6-1 vote with Councilman Scott voting in opposition. With no further corrections Councilman Hogue made a motion to approve Consent Agenda Items A through F,with the corrections to Item A. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. 1. Hold the second of two Public Hearings for the annexation of a 48.643 tract of land out of the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and generally located north of the proposed extension of Park Blvd and west of Parker Road. Ms. Mindy Manson, Assistant City Manager addressed this item providing Council with a brief background on the request for annexation. She stated that the annexation is at the request of the Wylie Independent School District for the new junior high/intermediate school property. The property was previously within the jurisdiction of St. Paul and was released by their Council. Should the City Council approve the proposed annexation, the property will be zoned as A (Agricultural). This is the second of two public hearings with a vote and adoption of the Ordinance scheduled for December 10, 2002. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or in opposition of the annexation request to please come forward and state their name and address for the record and limit their comments to three minutes. With no response, the Mayor then closed the Public Hearing. Minutes—November 12,2002 Wylie City Council Page 2 2. Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial (CC) District to Multi-Family Residential (MF) District, generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1,Block B of the Woodlake Village Addition, City of Wylie, Collin County,Texas. (Zoning Case 2002-14) Mr. Claude Thompson, City Planner addressed this item. Mr. Thompson stated that the applicant has requested that the Council table this item until the January 28t Regular Meeting. He stated that since the item was advertised for a Public Hearing, anyone present who wished to address the Council could be heard this evening and the Hearing continued until January 28th, 2003. 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 and limit their comments to three minutes. There was no response. Councilman Scott then made a motion to table Item No. 2 until the January 28th Regular Meeting. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 3. Hold a Public Hearing to consider and act won a change in zoning from Multi-Family Residential (MF) District to Corridor Commercial (CC) District, being all of a certain 13.569 acre tract of land generally located north of State Highway 78 and east of Spring Creek Parkway, and being a part of a 286.398 acre tract of land as described in a deed to Centennial Arapaho Development Venture as recorded in Volume 2358, Page 673 of the Deed Records of Collin County, Texas and being situated in the Francisco De La Pina Survey, Abstract No. 688 in the City of Wylie, Collin County, Texas. (Zoning Case 2002-15) Mr. Claude Thompson, Planning Director addressed this item. He stated that the applicant is requesting rezoning of the subject property from Multi-Family Residential (MF) District to Corridor Commercial (CC) District and provided a detail of the location and the current zoning of the surrounding property. He stated that at the October 15, 2002 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this zoning change. 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 and limit their comments to three minutes. With no response,the Mayor then closed the Public Hearing. Councilman Trout made a motion to approve the change in zoning from Multi-Family Residential (MF) District to Corridor Commercial (CC) District, being all of a certain 13.569 acre tract of land generally located north of State Highway 78 and east of Spring Creek Parkway, and being a part of a 286.398 acre tract of land as described in a deed to Centennial Arapaho Development Venture as recorded in Volume 2358, Page 673 of the Deed Records of Collin County, Texas and being situated in the Francisco De La Pina Survey, Abstract No. 688 in the City of Wylie, Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. am::.;:.::.;: :...RE.....;:......:. . .. .;.. ::;:. . . ::. :. :. ..: T ::>: :: :: ::<. :>E:: :: s:::. :::.:: :: :: ..:.;....:1 .:.;:.;:.;:.;:.;:;.;:.<::;:.::.::.::.;:.;; The caption for approved Ordinance No. 2001-45 was read into the record as required by the Wylie City Charter. Minutes—November 12,2002 Wylie City Council Pages tom #...;:::;:::.:.:....:........... With no further business to come before the Council,the meeting was adjourned at 6:24 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes—November 12,2002 Wylie City Council Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. , December 10, 2002 Issue Consider and act upon a Final Plat for the Creekside Estates, Phase 2 Addition, generally located east of McCreary Road andnotth of McMullen Road,being Al ofa 47.873 acre met o€land,being a portion of a called 114.1554 acre tract ofland described in a deed tofampbelliWylitrPartners recorded in Vohume 4137,Page 1120 of the Deed Records of Collin County,Texas(DRCCT)and being a portion of a called 112.1246 acre tract ofland described in a deed to Campbell/Wylie Partners recorded in Volume 4343,Page 1370,DRCCT,situated in the John W.Mitchell Survey,Abstract No. 589,City of Wylie,Collin County,Texas. Background The Final Plat for the Creekside Estates Phase 2 Addition includes 47.873 acres and will create 142 single-family residential lots of 8,800 square feet and larger. The rezoning of this property from SF-3 to Planned Development District(PD 1999-32)for Single-Family uses was approved by the City Council in 1999. The Development Plan approved with the PD also serves as a Preliminary Plat for all phases of the development. Phase 1 of the Creekside Estates Addition was accepted by the City in June of 2002. This Plat also provides two park sites totaling 3.147 acres which will serve earlier and future phases as well as the area included within the subject plat. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a)states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant i-s aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan,and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Board/Commission Recommendation At the November 19,2002,Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat CSLOJACI-0-k)).101130121N. k?Ort Prepared by Reviewed by Finance City Man er oval WYLIE CITY COUNCIL AGENDA ITEM NO. C-- • December 10, 2002 Issue Consider and act upon a Final Plat for the Village Addition,generally located east of Westgate Way and south of Fleming Street, being all of a 16.6883 acre tract of land described in a deed to David Litowitz recorded in County Clerk's File No. 93-0100356 of the Deed Records of Collin County, Texas,situated in the E.C.Davidson Survey,Abstract No. 266,City of Wylie,Collin County,Texas. Background The Final Plat under consideration will create 130 single-family residential lots for attached housing and one additional platted lot for entry features to be maintained by the Homeowners Association. The Plat also provides dedication of right-of-way for the future extension of Fleming Street. The subject property totals 16.842 acres in size. This tract of land has been zoned for Multi-family(MF)uses since 1985,but is being developed for Townhouse (TH) uses with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards.Attached single-family dwellings are permitted within the MF District. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Plat provides for the last portion needed to complete the extension of Fleming Street toward the west to Westgate Way. 2. Although this tract is zoned Multifamily(MF), which is exempt from parkland dedication, it is being developed for Townhouse(TH)uses and is therefore not exempt from parkland dedication and/or fees. The applicant is aware that fees or land must be accepted by the City before the Plat can be filed with the County. 3. The Final Plat substantially conforms to the approved Preliminary Plat and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Board/Commission Recommendation At the November 19,2002,Planning and Zoning Commission meeting,the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat SLR .�l2tx — Prepared by Reviewed by Finance City Man Approval VVYLIE CITY COUNCIL AGENDA ITEM NO. I� . December 10, 2002 Issue Consider and act upon entering into an Interlocal Agreement with Collin County for the development of Birmingham Park. Background The City of Wylie has been awarded a $100,000 Park Grant by Collin County for the development of a park located adjacent to Birmingham Elementary School. The Wylie Independent School District (WISD) is also contributing land and funding toward the joint development of the park. The elements of the park will include installation of new playground equipment by WISD, and the City of Wylie will oversee installation of a concrete walking trail, irrigation, landscaping, benches, tables, signage, and other related amenities. The original grant request was for more than $300,000. The City received $100,000 in funding and will modify the original project scope to comply with available funds. The Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement. Other Considerations The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. Financial Consideration The total revised project cost is estimated to be $200,000. The City's match is derived primarily from$100,000 in funding from the Parkland Dedication Fund. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Interlocal Agreement with Collin County. Attachments Interlocal Agreement Went� i Prepared by Reviewed by Finance City Man proval WYLIE CITY COUNCIL AGENDA ITEM NO. E. . December 10, 2002 Issue Consider and act upon entering into an Interlocal Agreement with Collin County for playground improvements to Community Park. Background The City of Wylie has been awarded a $47,143 Park Grant by Collin County for improvements to Community Park. The improvements will include installation of new handicap accessible playground equipment, concrete sidewalk, landscape irrigation, trees, benches, tables, and lighting. The Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement. Other Considerations The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. Financial Consideration The total project cost is estimated to be $94,316. The City's match is derived primarily from $47,143 in funding from the Parkland Dedication Fund. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Interlocal Agreement with Collin County. Attachments Interlocal Agreement • Prepared by Reviewed by Finance City Man proval WYLIE CITY COUNCIL AGENDA ITEM NO. F. December 10, 2002 Issue Consider and act upon a Resolution and an Interlocal Agreement to participate in the Texas Local Government Purchasing Cooperative. Background For a number of years,the City has participated in various cooperative purchasing programs under the authority of the Interlocal Cooperation Act(Chapter 791 ofthe Texas Local Government Code). These programs not only satisfy the legal requirements for competitive bidding but also save the City considerable money on capital equipment purchases. Many of these programs, such as the State of Texas cooperative procurement contracts,the Collin County Governmental Purchasers Forum and HGAC,require the execution of an interlocal agreement. The Texas Local Government Purchasing Cooperative is a relatively new cooperative bidding group created through the efforts of the Texas Association of School Boards and the Texas Municipal League. The Cooperative was initially formed to address equipment procurement needs peculiar to school districts but the contracts have been expanded to include many items used by municipalities.Because some ofthese items are not available through any of the City's current purchasing agrecjnentc,it woulkl be advantageous for the City to become a member of the Cooperative. In order to participate, a government entity must adopt an authorizing resnhition and execute an interlocal agreement Those documents are attached. Financial Considerations The Cooperative charges an annual membership fee of$200. Unlike HGAC,the Cooperative does not add administrative fees to the cost of equipment purchased under the program. Other Considerations The proposed resolution and interlocal agreement comply with the requirements of Chapter 791 (Interlocal Cooperation Act) and Chapter 252 (competitive bidding statute) of the Texas Local Government Code. Staff Recommendation Staff recommends that Council approve the attached Resolution and Interlocal Agreement to participate in the Texas Local Government Purchasing Cooperative. Attachments Resolution Interlocal Agreement 471,(4Aelt Prepared by Reviewed by Finance City Man pproval board resolution Page 1 of 2 RESOLUTION of The City of Wylie Cooperative Member WHEREAS, the City of Wylie,- (hereinafter"Cooperative Member") pursuant to the authority granted by Article 791 et seq. of the Interlocal Cooperation Act, as amended, desires to participate in the statewide purchasing program of the Cooperative; WHEREAS, The City of Wylie, has elected to be a Cooperative Member in the Texas Local Government Purchasing Cooperative (hereinafter"Cooperative"),a program created by local governments in accordance with and pursuant to the Interlocal Cooperation Act ("Act"), Chapter 791, Texas Government Code; WHEREAS, the Cooperative Member, is of the opinion that participation in the Cooperative's purchasing program will be highly beneficial to the taxpayers of the local government through the efficiencies and potential savings to be realized; and WHEREAS, the Cooperative Member desires to participate and join with other local governments in a cooperative Interlocal agreement ("Agreement") for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services. NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Member does request that the Cooperative include its stated needs for all categories, including but not limited to, instructional, maintenance,custodial,and food service goods and services, on the Cooperative's Purchasing Program and award contracts for those items, whereby the Cooperative Members may be allowed to purchase those items from the Cooperative's contracts; and that Cooperative is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the Cooperative Members that have elected to participate. FURTHER, BE IT RESOLVED,that the City Council of the Cooperative Member does hereby authorize its City Manager to execute the Interlocal Participation Agreement which includes the adoption and approval of the Organizational lnterlocal Agreement previously executed and adopted by two or more local governments. FINALLY, BE IT RESOLVED that the execution of this Resolution shall evidence the election of Cooperative Member and eligible local governments to become members of the Cooperative upon the terms and conditions stated The City Council has, and at the time of adoption of this Resolution had, full power and lawful authority to adopt the foregoing Resolution and to confer the obligations,powers,and authority to the persons named, who are hereby granted the power to exercise the same. I certify that the foregoing is a true and correct copy of the resolution duly adopted by file //C \WINDOWS\TEMP\board resolution_html 12/06/2002 board resolution Page 2 of 2 The City of Wylie,on the day of , in Wylie,Texas the year and that the same now appears of record in its official minutes. City of Wylie, City of Wylie, Cooperative Member By: Date: Authorized Representative City Manager ATTEST: Date: City Secretary file-//C:\WINDOWS\TRMP\hoard resolution html 12/06/2002 interlocal Page 1 of 5 INTERLOCAL PARTICIPATION AGREEMENT for the Texas Local Government Purchasing Cooperative This Interlocal Participation Agreement("Agreement") is made and entered into by and between the Texas Local Government Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments,and the undersigned local government of the State of Texas ("Cooperative Member"). The purpose of this Agreement is to facilitate compliance with state bidding requirements,to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members. WITNESSETH: WHEREAS, the Cooperative Members are authorized by Chapter 791, et seq., The Interlocal Cooperation Act of the Government Code("the Act' ,to agree with other local governments to form purchasing cooperatives; and WHEREAS, the Cooperative is an administrative agency of local governments cooperating in the discharge of their governmental functions; and WHEREAS, the Cooperative Member does hereby adoptthe Organizational Interlocal Agreement, together with such amendments as may be made in the future, reflecting the evolving mission of the Cooperative and further agrees to become an additional party to that certain Organizational Interlocal Agreement promulgated on the 26th day of January, 1998. NOW BE IT RESOLVED that the undersigned Cooperative Member in consideration of the agreement of the Cooperative and the Cooperative Members to provide services as detailed herein does agree to the following terms,,conditions,and general provisions. In return for the payment of the contributions and subject to all terms of this Agreement, the parties agree as follows: TERMS AND CONDITIONS 1. Adopt Organizational Interlocal Cooperation Agreement.The Cooperative Member by the adoption and execution of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated January 26, 1998, together with such amendments as may be made in the future and further agrees to become a Cooperative Member. 2. Term. The initial term of this Agreement shall commence at 12:01 a.m. on the date executed and signed and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The terms, conditions, and general provisions set forth below shall apply to the initial term and all renewals. files//C.\W1Ni)OWS\TEMP\interincal_html 12/06/2002 interlocal Page 2 of 5 3. Termination. a By the Cooperative Member_This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative;provided all charges owed to the Cooperative and any vendor have been fully paid. b. By the Cooperative,The Cooperative may terminate this Agreement by: 1. Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member fails or refuses to make the payments or contributions as herein provided; or 2. Giving thirty (3Q)_days_notice by certified mail to the Cooperative Member. c. Termination Procedure. If the Cooperative Member terminates its participation during the term of this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member under any provision of this Article,the Cooperative Member shall bear the full financial responsibility for any purchases occurring after the termination date, and for any unpaid charges accrued during its term of membership in the Cooperative.The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. The Cooperative Member will not be entitled to a refund of membership dues paid. 4. Payments. a. The Cooperative Member agrees to pay membership fees based on a plan developed by the Cooperative. Membership fees are payable by Cooperative Member upon receipt of an invoice from the Cooperative,Cooperative Contractor or vendor. A late charge amounting to the maximum interest allowed by law, but not less than the rate of interest under Section 2251.021,et seq., Texas Government Code, shall begin to accrue daily on the 31 st day following the due date and continue to accrue until the contribution and late charges are paid in full. The Cooperative reserves the right to collect all funds that are due to the Cooperative in the event of termination by Cooperative.Member or breach of this Agreement by Cooperative Member. b. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the Invitation to Bid and related procurement documents_ Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring party shall be the exclusive obligation of the procuring Cooperative Member. 5. Cooperative Reporting. The Cooperative will provide periodic activity reports to the Cooperative.Member_These reports may be modified from time to time as deemed appropriate by the Cooperative. 6. Administration_Cooperative Member will use the BuyBoard purchasing application in file)/C:\WINT)OWS\TEMP\interl ocal_html 12/06/2002 interlocal Page 3 of 5 accordance with instruction from the Cooperative;discontinue use upon termination of participation; maintain confidentiality and prevent unauthorized use; maintain equipment, software and testing to operate the system at its own expense;report all purchase orders generated to Cooperative or its designee in accordance with instructions of the Cooperative; and make a final accounting to Cooperative upon termination of membership. 7. Amendment&The Board may amend this agreement, provided that notice is sent to each participant at least 60 days prior to the effective date of any change described in such amendment which, in the opinion of the Board,will have a material effect on the Cooperative Members participation in the Cooperative. . GENERAL PROVISIONS 1. Authorization to Participate. Each Cooperative Member represents and warrants that its governing body has duly authorized its participation in the Cooperative. 2. Bylaws.The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all reasonable policies and procedures established by the Cooperative. 3. Compensation.The parties agree that the payments under this Agreement and all related exhibits and documents are amounts that fairly compensate the Cooperative for the services or functions performed under the Agreement,and that the portion of gross sales paid by participating vendors enables the Cooperative to pay the necessary licensing fees, marketing costs,and related expenses required to operate a statewide system of electronic commerce for the local governments of Texas. 4. Cooperation and Access_The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the Cooperative_The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this Article shall be considered material and shall make the.Agreement subject to termination on ten(10) days written notice to the Cooperative Member. 5. Coordinator.The Cooperative Member agrees to appointa program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member_The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. 6. Current Revenue. The Cooperative Member hereby warrants that all payments, contributions,fees,and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims.The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative,or other governmental proceeding or in an arbitration, mediation, fitel/C:AV1NT) WSITI~MPkinterlocal_html 12/06/2002 interlocal Page 4 of 5 or any other form of alternative dispute resolution, or other appearances of the Cooperative and/or any past or current Cooperative Member in any litigation, claim or dispute, and to engage counsel and appropriate experts, in the Cooperative's sole discretion, with respect to such litigation, claim or disputes. The Cooperative Member does hereby agree that any suit brought against the Cooperative or a Cooperative Member may be defended in the name of the Cooperative or the Member by the counsel selected by the Cooperative, in its sole discretion,or its designee,on behalf of and at the expense of the Cooperative as necessary for the prosecution or defense of any litigation. Full cooperation by the Cooperative Member shall be extended to supply any information needed or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8. Governance_The Board of Tn istees (Board) will govern the Cooperative in accordance with the Bylaws. Travis County, Texas will be the location for filing any dispute, claim or lawsuit. 9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS (TEXAS ASSOCIATION OF SCHOOL BOARDS, TEXAS ASSOCIATION OF COUNTIES, AND TEXAS MUNICIPAL LEAGUE)AND SERVICING CONTRACTOR (TEXAS ASSOCIATION OF SCHOOL BOARDS) DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION,PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Merger. This Interlocal Participation Agreement, Terms and Conditions, and General Provisions, together with the Bylaws,.Organizational Interlace'Agreement, and Exhibits, represents the complete understanding of the Cooperative, and Cooperative Member electing to participate in the Cooperative. 11. Notice. Any written notice to the Cooperative shall be made by first class mail, postage prepaid, and delivered to the Associate Executive Director Financial Planning, Texas Association of School Boards, Inc., P.O. Box 400, Austin, Texas 78767-0400. 12. Venue.This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and venue shall lie in Travis County, Texas. 13. Warranty. By the execution and delivery of this Agreement,the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, flue://C:\WTNfOWS\TEMP\interincal_html 12/06/2002 interlocal Page 5 of 5 sign this Agreementas of the date indicated. TO BE COMPLETED BY THE COOPERATIVE: TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE, as acting on behalf of all other Cooperative Members By: Date: Gerald Brashears, Cooperative Administrator TO BE COMPLETED BY COOPERATIVE MEMBER: The City of Wylie By: Date: , Signature of authorized representative of Cooperative Member Anthony Johnson, City Manager Printed name and title Coordinator for the Cooperative Member is: Jim Holcomb ,Purchasing Agent 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972/442-8142 Fax: 972/442-8105 E-mail:jholcomb@ci.wylie.tx.us file://C;:\W1NT)OWSkTEMP\inter1oca1.html 12/06/2002 WYLIE CITY COUNCIL AGENDA ITEM NO. G . December 10, 2002 Issue Consider and act upon approval of a resolution authorizing donation of 0.0299 acres of land to the State of Texas for the right-of-way for S.H. 78. Background The Texas Department of Transportation is acquiring multiple right-of-way clips necessary for the SH 78 expansion. The realignment of the intersection of Ballard and SH 78 has required the acquisition of 1,302 square feet from the southwest corner,which is owned by the City of Wylie. The proposed resolution authorizes donation of the necessary right-of-way to the State of Texas. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Resolution. Attachments Resolution Donation Deed Chr\LCItki4VGL, Pon gA,F-cit-> Prepared By Reviewed by Finance City Approve RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING DONATION OF 0.0299 ACRES OF LAND TO THE STATE OF TEXAS FOR THE RIGHT-OF-WAY FOR S.H. 78; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Texas has asked the City of Wylie, Texas to donate 0.0299 acres of land for Right-of-Way for the widening of S.H. 78; AND WHEREAS,the City of Wylie,Texas desires to donate the 0.0299 acres of land to the State of Texas; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council hereby authorizes the donation of 0.0299 acres of land to the State of Texas for the right-of-way for S.H. 78. SECTION 2: That the City Manager is authorized to take those steps reasonable and necessary to carry out the intent of this Resolution. SECTION 3: That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED , 2002. RESOLUTION NO. Page 2 City of Wylie, Texas By: Mayor ATTEST: City Secretary Approved as to form: City Attorney Approved as to content: City Engineer A .... ROW-N-142 Rev.4/00 (Replaces Form D-15-142,All Pages) (GSD-EPC Word 97) Page 1 of 2 DONATION DEED THE STATE OF TEXAS § COUNTY OF COLLIN § § KNOW ALL MEN BY THESE PRESENTS: That, the CITY OF WYLIE, TEXAS, a municipal corporation, of the County of Collin, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Dollar($1.00) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Donated and by these presents do Grant, Give and Convey unto the State of Texas all that certain tract or parcel of land in Collin County, Texas, more particularly described in Exhibit"A,"which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A"to wit: NONE. day of N/A, N , s ' , r to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or re Ise e within said period of time prescribed, then, without any further consideration, the title to all or any part of suc 1 of so removed shall Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon,therein and thereunder. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. ROW-N-142 Rev.4/00 - (Replaces Form D-15-142,all pages) (Electronic version GSD-EPC Word 97) Page 2 of 2 IN WITNESS WHEREOF,this instrument is executed on this the day of ,2002. CITY OF WYLIE, TEXAS, a municipal corporation By: John Monday, Mayor Authorized by Resolution No. dated Acknowledgement State of Texas County of Collin This instrument was acknowledged before me on by Notary Public's Signature Corporate Acknowledgment State of Texas County of Collin This instrument was acknowledged before me on by John Monday Mayor of CITY OF WYLIE, TEXAS ,a municipal corporation,on behalf of said corporation. Notary Public's Signature iF i ( 0-3 r Parcel No. 5 d b a a � � a zm y ° � y yad d n County Collin >< .- E :-1 CD r) y w o n tt Highway No. S.H. 78 o H . y c O Control 0281 Sec. 02 Job 057 W °` p •Or �O Account or Federal No. 8018-02-040 0 w `d z From: F.M. 544 To: East of Eubanks Street °i a..o y rl O -I c DEED = tn CITY OF WYLIE, TEXAS = a TO 0 THE STATE OF TEXAS AUSTIN, TEXAS Filed for Record This day of A.D. , at o'clock M Recorded This day of A.D. , in Collin County, Texas, Records of Deeds, Book Page Other County Clerk By Deputy EXHIBIT"A" Collin County Parcel Page 1 of 1 S.H.78 D-15-14 Project Limits: From:F.M.544 Rev. July 26, 2000 To:East of Eubanks Street R.O.W.CSJ: 0281-02-057 ACCOUNT: 8018-02-040 Legal land Description for Parcel 5 BEING 1,302 square feet of land, more or less, situated in the S.B. Shelby Survey, Abstract Number 820, Collin County, City of Wylie, Texas, and being a part of Lot 1 in Block 33 of the Railroad Addition, as recorded in Volume 77, Page 494, Deed Records of Collin County, Texas, and being a part of the land conveyed to Virgil Powell, by deed as recorded in Volume 546,Page 279,Deed Records of Collin County, Texas; said 1,302 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of Lot 6 in Block 33 of said Railroad Addition and being at the intersection Butler Street, a public road, and the existing western right of way line of Ballard Avenue, a public road; THENCE North 00 degrees 40 minutes 42 seconds East along the existing western right of way line of Ballard Avenue and passing at a distance of 82.53 feet the southeastern corner of said Powell tract of land and continuing along the existing western right of way line of Ballard Avenue for a total distance of 151.49 feet to a P.K. nail and washer set in the new southern right of way line of State Highway 78 at the POINT OF BEGINNING; (1) THENCE North 58 degrees 41 minutes 24 seconds West along the new southern right of way line of State Highway 78 for a distance of 50.42 feet to an iron rod with cap set in the existing southern right of way line of State Highway 78; (2) THENCE North 52 degrees 18 minutes 42 seconds East along the existing southern right of way line of State Highway 78 for a distance of 55.34 feet to the intersection of State Highway 78 and Ballard Avenue and being the northeast corner of Lot 1 in Block 33 of said Railroad Addition; (3) THENCE South 00 degrees 40 minutes 42 seconds West along the existing western right of way line of Ballard Avenue for a distance of 60.04 feet to the POINT OF BEGINNING and containing an area of 1,302 square feet of land,more or less. All bearings are on the Texas State Plane Coordinate System,North Central Zone,N.A.D.27 A survey plat of even date herewith accompanies this legal description. OF / E. . y, y 'GIST• G A. i e•T i;N COX ••• 5227 ( '• ; 551 Oq' °•SUR `'� EXHIBIT "B" _,.... . SURVEY -- . ! . , - .. • A - 820 ,k'c N52° 18142"E '' A S00° 40' 42"W LOT 17 -0' .• c.0 '0 55. 34' . 9. . ... . , • , tITY OF WYLIE , j! — T.::: LOT I 6 50. 42' ___ ____ ___. .• P K. NAIL '''' ---- - --r-•• t.or ! =,',1,..... _ 4/WASHER 11..0.8 • '' x‘C:•••% ••.' NEW . ,....... 5 ° cs) z c..4,-,,i RIGHT OF WAY Y . LIJ Tr 0 LOT 14 ‘s4c LOT 2 LINE —: > ____ ___,,_ _____ _ 1-- ,--. VIRGIL POWELL CD C\j ; VOL. 546 PG. 279 ,. or'LOT 3 D. R. C. C. T. 1-Li . ' C-. 1 . < LOT 13 _ ___ ________ 7:,___ -P I 20 Zu. _ -• ''• m ' -. 0 1: :t -q-- _J LOT 4 : 0 .7:z — —<-- — —. ,., RAILROAD ADDITION • < < CO N '-2 , . BLOCK 33 co Fo-v on .....-- LOT 11 VOL.LOT 7 LOT 6 77, PG. 494 .... .0.:c.1 . ...! '' LOT 10 „. : 5. BUTLER STREET . . J. TRUETT ( 80 ' ) SURVEY . . -i A - 920 . : : . RAILROAD . • RAILROAD ADDITION ADDI.T-LON . LOC K 4 BLOCK 34 Nom, ALL BEARNGS ARE ON THE TOMS STATE PLANE 3 LOT 1 COORDINATE JTJILM NORTH CENTRAL.NAD.27. B LOT 1 b A LEGAL DESCRIPTION AT EVEN LOT 2-I DE.„411101 su0vcy AT €wmHER AccomPamEs This T. LEGEND GRAPHIC SCALE . I EXISTING RIGHT OF WAY UNE es5nnnnn „. .,,IIG OF.4"): ...., .V;:::•'-''rir:" -V • -41 tVe 1.*•••• •-• —.. Ji A AN CC( PRCPERTY UNE it 0' 25' SO' COUNTY UN( A PLAT OF A SURVEY OF A BOUNDARY LINE . 5227 ..• SURVEY UNE ----$...— 1,302 S.F. TRACT OF LAND . .. .. / e•-.....4b,cr o FENCE LINE X X IN THE S.B. SHELBY SURVEY , 4 A. SSI......t CITY UMITS — — — ABSTRACT NUMBER 820 EASEMENTS — RAILROAD Yiwomoir----xwmmar— AND BEING PART OF LOT I IN BLOCK 33 sTRucTuRE ) C OF THE RAILROAD ADDITION 0.INDOI"ALUMINUM DISK SET ON TOP OF A 5/8-INCH CITY OF WYLIE REV 07/26/2000 IRON ROO UNLESS OTHERWISE NOTED SET BO.TxDOT BRONZE DISK SET IN CONCRETE COLLIN COUNTY, TEXAS DATE CSJ: 0281 -02-057 PARrFl VVYLIE CITY COUNCIL AGENDA ITEM NO. B December 10, 2002 Issue Consider and act upon approval of a Resolution creating an Economic Development Cooperation Agreement governing the activities of the City of Wylie economic development activities. Background Wylie Economic Development Corporation staff met with Senator Shapiro and representatives of Allen, McKinney, Frisco, Plano, and Richardson economic development officials to discuss the proper use of 4A/4B sales tax funds for economic development. The cities of Plano and Richardson believe that the "playing field" is not level due to DART communities not having the ability to use sales tax dollars for economic development The specific contentions are that sales tax cities are"stealing" businesses from neighboring communities and utilizing cash payments which are viewed as excessive and an irresponsible use of public funds. While Richardson is.rnnremed about the abave issue, it is_staffs.opinion that Plano is the primary Collin County city pushing for legislative change. Staff attended a Mayor's conference at which the Mayor of Plano stated that number one priority for the City of Plano chiring_the upcoming legislative session is to effect wholesale changes to the allowable uses of sales tax dollars for economic development. Senator Shapiro seems to.be brokering apolitical middle gram(' Again in staff's opinion, Senator Shapiro does not agree with Piano's concerns, stating in effect that tax abatement(the primary incentive utilized by Plano) is as much a cash payment as a check which reimburses a company for relocation expenses. Senator Shapiro is concerned though with the impression that Collin County communities are "stealing" business from one another creating a zero sum gain In an attempt to chow the legislature that we are cooperating with each other, Senator Shapiro has encouraged each Collin County city to pass the attached Economic Development Cooperation Agreement. Hnancial Consideration N/A Board/Commission Recommendation N/A Staff Recommendation Staff recommends that the Wylie City Council approve the attached resolution which creates an Economic Development Cooperation Agreement. Attachment • Resolution creating an Economic Development Cooperation Agreement o� gait.kadbike- Prepared by Reviewed by Finance City M ger Approval RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE CREATING AN ECONOMIC DEVELOPMENT COOPERATION AGREEMENT GOVERNING THE ACTIVITIES OF THE CITY OF WYLIE ECONOMIC DEVELOPMENT ACTIVITIES. WHEREAS: a strong, diverse, and vibrant economy is essential for the health and welfare of the people of Collin County and; WHEREAS: a strong economy provides the jobs which support our people, other businesses and local government and; WHEREAS: the tax revenues generated by commercial and industrial development is essential to supporting a high level of municipal services for the achievement of a high quality life for our residents at a reasonable cost and; WHEREAS: the county is made up of 30 individual towns and cities linked together by people,jobs, highways, utilities, and geography and; WHEREAS: the strength of the county depends upon the strength of each of its municipalities; NOW THEREFORE BE IT RESOLVED that the following municipality does hereby agree to the following principles: • We shall commit to pursue responsible economic development within our municipalities. • We shall commit to carry out our role in developing our local economy in a highly professional, honest and effective manner through our actions, those of our development commissions and agencies, and the actions of our paid staff. • We shall not initiate any action which directly targets a business or businesses in another municipality or municipalities within Collin County seeking to encourage such businesses to relocate to our municipality. • We shall participate in activities either directly or indirectly related to economic development through our participation in and support of regional agencies. • We shall work with other regional municipalities to encourage the state government and state agencies to develop and pursue legislation, policies, and programs which benefit all municipalities in the region and state which reinforce the region's economy and its goals, strategies, and actions for development. ADOPTED AND APPROVED at the regular meeting of the Wylie City Council on the 10th day of December, 2002. John Mondy, Mayor Attest: Barbara Salinas City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. I . December 10, 2002 Issue Consider and act upon a Settlement Agreement between the City of Wylie and TXU as a result of the settlement between the City of Denton et al. vs. TXU. Background In June 2000, the. City of Denton filed a lawsuit against electric and gas distribution units regarding the methods for calculating franchise fees. Although the City of Wylie did not join the 36 other cities in the petition,.Oncor (TXU) pledged"favored nations" status to all cities in its service area, i.e. all cities will reap the benefit of the settlement regardless of whether they participated in the lawsuit. If approved, the Settlement provides for a one-time payment to the City of Wylie of$18,317.45 from TXU Gas, and $10,329.95 from TXU Electric as the result of the recalculation of the franchise fees. The Settlement also provides for an increase from 3% to 4% of the applicable franchise fee payment base, making the gas franchise consistent with other City of Wylie utility franchise agreements. Other Considerations N/A Financial Consideration As the opportunity has presented itself, the City of Wylie has worked towards a 4% franchise with all utilities. Our previous agreement with TXU Gas was at 3%, but this agreement will enable the City to move to 4%. The increase will translate to a $22,000.00 increase in revenue for 2002. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Settlement Agreement. Attachments Summary of Issues- Oncor Settlement Agreement Prep ed-by Reviewed by Finance City Man Approval Litigation Issues ym • In June, 2000, Denton filed a lawsuit against electric and gas distribution units alleging exclusion of various categories of revenue from franchise fee calculation such as miscellaneous service charges , (connect, disconnect, returned check charges, etc) and CIAO. • Denton was able to eventually get 36 other cities to join their petition. • Oncor has pledged "Favored Nations" status to all cities it serves, including those that signed formal Agreement Letters. z 0 c i N O Settlement Terms QQR2 A y� i • Franchise Fees on general revenues received by TXU I Gas will be set at 4% for all cities who accept terms 0 • Cities agree to approve Amendment to Gas & Electric Franchises to reflect additional Franchise Fees, including a fee on electric discretionary service charges • Settlement Amount (Gas Only) and ongoing Franchise FAQ Pnymcnts will be passed on to ratepayers Settlement Terms ym • Settlement Amount by Oncor Electric Delivery Company is not recoverable, but future increased franchise fees on Discretionary Services Charges are recoverable • Settlement Amount includes payment for attorneys' fees and litigation expenses (non-recoverable) • Plaintiffs agree to dismiss litigation with prejudice and give a complete release for all pre-January I , 2002 franchise fee payments Revenues to be 5JR N included Gas Revenues subject to Franchise Fees under the Amendment: • Residential, Commercial, Industrial, Governmental, Transportation, Third Party, Service Charges (connect, returned check, etc.), CIAC Electric Revenues subject to Franchise Fees: • All kWh sales within municipal boundaries (per existing law) as well as Discretionary Service Charges identified in Section 6.1 .2 of the Tariff for Retail Delivery Service (which inclildPS CIAO' nD1 - DMA ORDINANCE NO. AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric Company (hereinafter called "Oncor") is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor; and WHEREAS,the City and Oncor desire to amend said franchise ordinance to provide for a different consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: that SECTION 1: The existing electric franchise ordinance between the City and Oncor Electric Delivery Company is amended as follows: A. Effective January 1, 2002, the franchise fee due from Oncor shall be a sum comprised of the following: (1) a charge, as authorized by Section 33.008(b) of PURA, based on each kilowatt hour of electricity delivered by Oncor to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries and as specified by Oncor to the City by letter dated January 21, 2002. (a) The franchise fee due pursuant to Section 33.008(b) of PURA shall be payable in accordance with the existing electric franchise; and (2) a sum equal to four percent (4%) of gross revenues received by Oncor from services identified in its "Tariff for Retail Delivery Service", Section 6.1.2, "Discretionary Service Charges," items DD1 through DD24, that are for the account or benefit of an end-use retail electric consumer. (a) The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (b) The franchise fee amounts that are due based on "Discretionary Service Charges" shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges" received during the preceding calendar year. B. Oncor Franchise Fee Recovery Tariff (1) Oncor may file a tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. (2) City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Oncor. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Oncor. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 3: This ordinance shall take effect upon its final passage and Oncor's acceptance. Oncor shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: Oncor Electric Delivery Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of Page 2 of 3 , 20 , Ordinance No. amending the current electric franchise between the City and Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the City. Oncor Electric Delivery Company By Vice President SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS , this the day of , 2002, at which meeting a quorum was present and voting. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU Gas Distribution division, engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights- of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas; and WHEREAS,the City and TXU Gas desire to amend said franchise ordinance to provide for a different consideration and to authorize the lease of facilities within the City's rights-of- way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: that SECTION 1: The existing gas franchise ordinance between the City and TXU Gas Company is amended as follows: A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TXU Gas is hereby changed to be four percent (4%) of the Gross Revenues, as defined in Section 1.B. below, received by TXU Gas. B. "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by the Company from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (1) all revenues received by the Company from the sale of gas to all classes of customers within the City; (2) all revenues received by the Company from the transportation of gas through the pipeline system of Company within the City to customers located within the City; (3) the value of gas transported by Company for Transport Customers through the System of Company within the City ("Third Party Sales"), with the value of such gas to be reported by each Transport Customer to the Company, provided, however, that should a Transport Customer refuse to furnish Company its gas purchase price, Company shall estimate same by utilizing TXU Gas Distribution's monthly industrial Weighted Average Cost of Gas, as reasonably near the time as the transportation service is performed; and (4) "Gross revenues" shall include: (a) other revenues derived from the following `miscellaneous charges': i. charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; iii. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv. contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by the Company; and, (c) gross receipts fees. (5) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Company; (b) sales taxes; and (c) any interest income earned by the Company; and Page 2 of 5 (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right of way. C. Calculation and Payment of Franchise Fees Based on CIAC (1) The franchise fee amounts based on"Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (2) The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas (1) If TXU Gas should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Subsection D apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. E. TXU Gas Franchise Fee Recovery Tariff (1) TXU Gas may file with the City a tariff amendment(s) to provide for the recovery of the franchise fees under this amendment. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an Page 3 of 5 affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. F. Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights-of-way provided: (i) TXU Gas first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease pursuant to Sections I.A. and I.B. of this Ordinance. This authority to Lease Facilities Within City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 3: This ordinance shall take effect upon its final passage and TXU Gas' acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 20 , Ordinance No. amending the current gas franchise between the City and TXU Gas and the same shall constitute and be a binding contractual obligation of TXU Gas and the City. Page 4 of 5 TXU Gas Distribution A division of TXU Gas Company By Vice President SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS , this the day of , 2002, at which meeting a quorum was present and voting.. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Page 5 of 5 WYLIE CITY COUNCIL AGENDA ITEM NO. a. December 10, 2002 Issue Hold a Public Hearing to consider and act upon an Ordinance changing TXU Gas Distribution's Rates and Charges. Background On March 1, 2002, TXU Gas Distribution Company filed a Statement_of Intent with 111 cities to increase the rates charged for natural has service within the North Texas Metroplex Distribution System and the.Dallas Distribution system. On March 26, 2002 the City Council approved a Resolution authorizing the City to participate jointly with other cities in.the distribution system to independently analyze the gas rate filing and to appoint a representative to a steering committee. An agreement has been reached, with none of the 51 member cities objecting to the. settlement_ In determining if the settlement was successful, the attorney for the member cities states: First, the action of the 51 cities will have saved their residents approximately $4.5 - $5 million between July and December in comparison to cities that settled with TXU last summer. Second, the Agreement In Principle to settle for a$7.5 million increase spread to the 51 cities is less than any settlement offer extended by the Cities to TXU last summer. TXLI rejected all offers below$12 million. The average residential bill comparison during 2003 between North Texas Metroplex Cities, will be $38.49 for the Fort Worth distribution system, $3.8...59 for the cities that settled independently last summer, and $37.75 for the coalition cities, including Wylie. The attached spreadsheet identifies the changes for each member city. For Wylie specific.,the increases and decreases are as follows: Residential Commercial Industrial Wylie +3.05°la +1.46% -22.66% Average +2.66% +2.66% +5.53% Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the ordinance. Attachments Ordinance Distribution System Rate Changes epared Reviewed by Finance City Manag royal North Texas Metroplex Distribution System For the Test Year Ending September 30,2001 Town By Town Increases NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM Revenue Increase/(Decrease)by City Resitlenttel Commercial I Schools Industrial Sent Chr9 Increase/(Decrease) Une City Name Amount Percent Amount Percent Amount Percent Amount Percent Amount Percent 1 ADDISON $25,099 3.43% $90,632 3.37% $3,906 14.74% S0 0.00% $119,637 3.46% 2 ALLEN $121,307 2.24% $46,254 3.97% $4,895 6.32% $0 0.00% $172,456 2.57% 3 ARGYLE $5,094 3.56% $767 2.67% $0 0.00% $0 0.00% $5,861 3.39% 4 ARLINGTON $612,568 4.12% $476,725 3.78% $77,670 7.39% $0 0.00% $1,166,962 4.06% 5 BALCH SPRINGS ($37,774) -3.04% $15,648 4.03% $18,930 68.34% $0 0.00% ($3,196) -0.19% 6 BEDFORD $95,617 4.10% $55,524 3.36% $1,691 3.11% $0 0.00% $152,831 3.77% 7 BLUE RIDGE ($837) -1.47% $269 1.27% $0 0.00% $0 0.00% ($568) -0.72% 8 CARROLLTON $353,046 3.91% $238,250 4.38% $48,306 7.41% $0 0.00% $639,602 4.21% 9 COPPELL $147,659 3.46% $42,929 3.47% $0 0.00% $0 0.00% $190,589 3.44% to CORINTH $31,692 2.18% $2,691 2.05% $6,701 41.85% $0 0.00% $41,084 2.54% t i CORRAL CITY $247 8.15% $0 0.00% $0 0.00% $37 46.25% $284 9.13% 12 DALWORTINGTON GARDENS $8,925 2.98% $2,532 3.52% $0 0.00% $0 0.00% $11,457 3.07% 13 DENTON $273,600 4.23% $219,587 5.60% ($175,512) -15.27% $0 0.00% $317,675 2.72% 14 DESOTO ($136,599) -2.98% ($36,933) -2.90% $19,967 50.31% $0 0.00% ($153,565) -2.57% is DOUBLE OAK $3,285 3.06% $0 0.00% $0 0.00% $0 0.00% $3,285 3.04% 16 DUNCANVILLE ($130,472) -4.08% ($23,295) -1.87% $9,600 28.69% $0 0.00% ($144,168) -3.19% 17 EULESS $82,373 4.45% $53,203 3.61% $14,707 14.51% $0 0.00% $150,283 4.35% to FAIRVIEW $2,660 1.30% ($35) -0.41% $0 0.00% S0 0.00% $2,625 123% 19 FARMERS BRANCH $114,260 3.99% $94,194 3.39% $12,398 3.07% $0 0.00% $220,852 3.64% 20 FLOWER MOUND $257,988 3.60% $17,289 2.83% $104 1.25% $0 0.00% $275,380 3.51% 21 FRISCO 6110,411 2.14% ($169) -0.03% ($22,885) -8.84% $0 0.00% $87,357 1.44% 22 GARLAND $318,530 2.08% $168,942 2.51% $149,405 16.29% $0 0.00% $636,878 2.73% 23 GLENN HEIGHTS ($12,157) -2.42% ($1,556) -3.69% $0 0.00% $0 0.00% ($13,713) -2.44% 24 GRAPEVINE $141,093 3.81% $101,166 3.57% ($4,104) -1.32% $0 0.00% $238,155 3.46% 25 HICKORY CREEK $8,675 3.72% $100 2.38% $0 0.00% $0 0.00% $8,775 3.66% 28 HIGHLAND VILLAGE $70,001 3.44% $2,299 2.08% $0 0.00% $0 0.00% $72,300 3.34% 27 HURST $123,335 4.31% $42,499 3.01% $3,362 8.59% $0 0.00% $169,196 3.90% 26 HUTCHINS $1,215 0.66% $27,431 16.75% $24,092 54.25% $219 6.66% $52,958 13.37% 29 IRVING $469,715 4.09% $190,563 1.51% $91,159 15.56% $0 0.00% $751,437 3.03% 30 JUSTIN $7,643 4.47% $8,551 16.11% $0 0.00% $0 0.00% $16,194 7.13% 31 KELLER $132,087 3.68% $11,021 2.78% $2,943 12.03% $0 0.00% $146,051 3.62% 32 LEWISVILLE $207,788 4.17% $99,764 3.17% $12,166 5.47% $0 0.00% $319,718 3.80% 33 LINCOLN PARK $289 1.76% $107 1.02% $0 0.00% $0 0.00% $396 1.43% 34 LITTLE ELM $5,482 3.34% $7,992 14.59% $0 0.00% $0 0.00% $13,475 6.03% 35 MANSFIELD $72,648 4.11% $25,960 3.14% $6,996 4.30% $0 0.00% $105,604 3.79% 36 MCKINNEY $153,768 2.19% $53,941 2.75% $14,353 3.09% . $0 0.00% $222,062 2.32% 37 MURPHY $13,915 2.44% $753 1.44% $0 0.00% $0 0.00% $14,668 2.33% 38 NORTHLAKE ($32) -33.45% ($27) -2.06% $317 2.93% $0 0.00% $258 2.11% 39 PANTEGO $9,343 3.97% $5,543 2.61% ($211) -3.21% $0 0.00% $14,674 3.21% 40 PLANO $537,701 1.85% $62,583 0.81% $17,460 3.44% $0 0.00% $617,744 1.65% 41 PRINCETON ($3,207) -1.59% $1,398 1.61% $0 0.00% $0 0.00% ($1,809) -0.62% 42 RICHARDSON $234,834 2.22% 540,719 0.89% $53,389 39.27% $0 0.00% $328,942 2.13% 43 ROWLETT 5116,357 2.32% $23,092 4.17% $18,630 29.34% $0 0.00% $158,080 2.79% 44 SACHSE $33,492 2.59% $5,071 4.95% $0 0.00% $0 0.0016 $38,563 2.73% 45 SEAGOVILLE ($13,792) -2.94% $9,666 3.87% $24,571 17.16% $0 0.00% $20,445 2.35% 48 SOUTHLAKE $121,208 2.92% $15,963 2.76% ($29) -0.26% $0 0.00% $137,142 2.88% 47 THE COLONY $25,735 2.45% $139 0.05% $0 0.00% $0 0.00% $25,874 1.89% 48 TROPHY CLUB $14,261 3.54% $1,013 2.59% $0 0.00% $0 0.00% $15,274 3.42% 49 WESTLAKE $3,397 3.45% $351 0.43% $0 0.00% $0 0.00% $3,748 2.07% 50 WYLIE $28,864 3.05% $8,804 1.46% ($14,278) -22.66% $0 0.00% $23,390 1.45% 51 Colleyville $106,243 3.00% $555 0.15% $0 0.00% $0 0.00% $106,798 2.71% TOTAL $4,868,581 2.66% $2,210,465 2.66% $420,698 5.53% $256 0.01% $7,500,000 2.72% ORDINANCE NO. AN ORDINANCE OF THE CITY OF (A , TEXAS FINDING, AFTER REASONABLE NOTICE AND HARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of W 1-Q_, ("City"), acting as a regulatory authority, has previously suspended the effective dat� of TXU Gas Distribution's ("Company") application to increase rates in the City in order to study the reasonableness of that application; WHEREAS, the City or a consultant retained by the City evaluated the merits of the Company's application; WHEREAS, the City in a reasonably noticed public hearing considered the Company's application; WHEREAS, the City has determined that the Company's rates within the City should be changed and that the Company's application should be granted, in part, and denied, in part; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Ual Z. , TEXAS: SECTION 1. On March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company ("Company") filed with the Governing Body of this municipality a Statement of Intent to Change Residential, Commercial and Industrial Rates charged to consumers within this municipality. Also filed was the Tariff for Gas Service in the North Texas Metroplex Distribution System ("Tariff for Gas Service") and the supporting Cost of Service Schedules ("Schedules"). SECTION 2. That the existing rates and charges of TXU Gas Distribution are hereby found, after reasonable notice and hearing, to be unreasonable and shall be changed as hereinafter ordered. The changed rates resulting from this Ordinance are hereby determined to be just and reasonable rates to be observed and in force within the City. SECTION 3. The Company has agreed to modify the rates proposed in its Statement of Intent and the modified rates are reflected in the revised Tariff for Gas Service attached hereto as Exhibit A. SECTION 4. The maximum general service rates for sales and transportation of natural gas rendered to residential, commercial and industrial consumers within the city limits of 1/1/4) , Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas core ration, its successors and assigns, are hereby fixed and approved as set forth in the revised Tariff for Gas Service attached hereto as Exhibit A. The rates reflected in the attached Rate Schedules entitled Residential Service, Commercial Service, Industrial Sales, Industrial Transportation and Industrial Sales & Transportation are found to be reasonable. Nothing contained herein shall limit the right of industrial and transportation customers with competitive options to negotiate rates with the Company that differ from approved tariffs. SECTION 5. All electric generation customers are included as Industrial Transportation customers under the applicable transportation rate schedule. SECTION 6. The Rate Adjustment and Surcharge Provisions set forth in the revised Tariff for Gas Service attached hereto as Exhibit A and entitled Gas Cost Adjustment, and Tax Adjustment, are approved. SECTION 7. The Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. Such miscellaneous service charges are identified in Rate Schedules 9001 through 9008 of the attached revised Tariff for Gas Service. SECTION 8. Cities' rate case expenses are found to be reasonable and shall be reimbursed by the Company. The Company is authorized to recover the rate case expenses reimbursed to Cities and the Company's rate case expenses, up to the amount agreed to, through a per Mcf surcharge as set forth in the Rider entitled Surcharges in the attached revised Tariff for Gas Service. SECTION 9. The aforesaid rate schedules and riders herein approved shall be effective for bills rendered on or after February 1, 2003. SECTION 10. The rates set forth in this Ordinance may be changed and amended by either the City or Company in any other manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file with the City. SECTION 11. Unless otherwise noted herein, other than TXU Gas Distribution (a named party), no person or entity has been admitted as a party to this rate proceeding. SECTION 12. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. SECTION 13. This Ordinance shall be served on TXU Gas Distribution by U.S. Mail to the Company's authorized representative, Autry Warren, Rates Manager, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3411. SECTION 14. Nothing contained in this Ordinance shall be construed now or hereafter in limiting or modifying, in any manner, the right and power of the City under law to regulate the rates and charges of TXU Gas Distribution. SECTION 15. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are repealed to the extent of such conflict. Examples of such ordinances or resolutions that are deemed repealed are all ordinances or resolutions concerning Military Rates- N, Cost of Service Adjustments, Plant Investment Cost Adjustments, and Weather Normalization Adjustments. To the extent Public Authority Rates, Commercial Contract Rates or Military Rates-N are in effect in the city those rates are specifically repealed as they are now a part of the Commercial rates and are calculated in accordance with the revenue requirement for Commercial customers. SECTION 16. The rate schedules included in the Tariff for Gas Service supercede and replace all other tariffed services provided by TXU Gas Distribution except as expressly contained within the Tariff for Gas Service. PASSED AND APPROVED, this the day of , 2002. ATTEST: APPROVED: MI 1.-4--iw TXU TARIFF FOR GAS SERVICE IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM TXU GAS DISTRIBUTION EXHIBIT A TO ORDINANCE NO. Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Index of Rates No.4630 APPLICABLE TO: See List of Applicable Cities BelowREVISION: 0 DATE: 111111111111 PAGE: 1 of 2 INDEX OF RATES & LIST OF APPLICABLE CITIES RATES: 4631 Residential Service 4632 Commercial Service 4641 -4643 Industrial Sales 4644 Industrial Transportation 4651 Industrial Sales and Transportation RATE ADJUSTMENT PROVISIONS: 8041 Gas Cost Adjustment 8042 Tax&Franchise Fee Adjustment 8043 Surcharges MISCELLANEOUS SERVICE CHARGES: 9001 Connection Charge 9002 Read for Change Charge 9003 Returned Check Charges 9004 Delinquent Notification Charge 9005 Main Line Extension Rate 9006 Excess Flow Valve Charge 9007 Certain Stand-by Gas Generators 9008 Temporary Discontinuance of Service Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Index of Rates No.4630 APPLICABLE TO: See List of Applicable Cities Below REVISION: 0 DATE: PAGE:2 of 2 LIST OF APPLICABLE CITIES: North Texas Metroplex Distribution System (NT Metro System)Appeal Cities Addison Allen Argyle Arlington Balch Springs Bedford Blue Ridge Carrollton Colleyville Coppell Corinth Corral City Dalworthington Gardens Denton DeSoto Double Oak Duncanville Euless Fairview Farmers Branch Flower Mound Frisco Garland Glenn Heights Grapevine Hickory Creek Highland Village Hurst Hutchins Irving Justin Keller Lewisville Lincoln Park Little Elm Mansfield McKinney Murphy Northlake Pantego Plano Princeton Richardson Rowlett Sachse Seagoville Southlake The Colony Trophy Club Westlake Wylie Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Residential Service No.4631 APPLICABLE TO: REVISION:0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 RESIDENTIAL SERVICE Monthly Rate: Subject to applicable adjustments, the following rates are the maximum applicable to residential consumers per meter per month or for any part of a month for which gas service is available at the same location. Customer Charge(Minimum Bill) $ 8.0000 All Consumption ® 0.8848 Per Mcf If the service period is less than 28 days in a month the customer charge is$.2857 times the number of days service. If the consumption contains a portion of an Mcf,a prorata portion of the per Mcf charge will be made. Bills are due and payable when rendered and must be paid within fifteen days from monthly billing date. OTHER APPLICABLE RATE SCHEDULES Rate Adjustment Provisions: 8041 Gas Cost Adjustment 8042 Tax&Franchise Fee Adjustment 8043 Surcharges Miscellaneous/Service Charges: 9001 Connection Charge 9002 Read for Change Charge 9003 Returned Check Charges 9004 Delinquent Notification Charge 9005 Main Line Extension Rate 9006 Excess Flow Valve Charge 9007 Certain Stand-By Gas Generators 9008 Temporary Discontinuance of Service Charge Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Commercial Service No. 4632 APPLICABLE TO: REVISION:0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 COMMERCIAL SERVICE Monthly Rate: Customer Charge(Minimum Bill) $ 14.0000 First 30 Mcf ® 0.9978 Per Mcf Next 320 Mcf 0.8928 Per Mcf Over 350 Mcf 0.8214 Per Mcf If the service period is less than 28 days in a month the customer charge is$.5000 times the number of days service. If the consumption contains a portion of an Mcf,a prorata portion of the per Mcf charge will be made. Bills are due and payable when rendered and must be paid within fifteen days from monthly billing date. OTHER APPLICABLE RATE SCHEDULES Rate Adjustment Provisions: 8041 Gas Cost Adjustment 8042 Tax&Franchise Fee Adjustment 8043 Surcharges Miscellaneous/Service Charges: 9001 Connection Charge 9002 Read for Change Charge 9003 Returned Check Charges 9004 Delinquent Notification Charge 9005 Main Line Extension Rate 9006 Excess Flow Valve Charge 9007 Certain Stand-By Gas Generators 9008 Temporary Discontinuance of Service Charge Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Industrial Sales Nos.4641 thru 4643 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: . PAGE: 1 OF 2 INDUSTRIAL SALES Monthly Rates: The following rate schedules are hereby amended or superseded as follows: Rate Schedule Nos. 48-N Industrial Rates-N-Texas(Amended) 3291 Industrial Rates-NNEMETRO-Northeast Metro(Amended) 4111-4113 Industrial Sales-Corinth/Lincoln Park(Superseded) 4121-4123 Industrial Sales-Northwest Metro/Mid Cities Distribution System (Superseded) 4211-4213 Industrial Sales-East Region Distribution System(Superseded) Subject to Company's limitations on the availability of each rate,Customer shall receive service under its choice of one of the following rates in accordance with the rate selected by Customer as provided in the contract: RATE 4641 First 125 Mcf or less $ 325.00 All over 125 Mcf $ 1.940 per Mcf RATE 4642 First 600 Mcf or less $ 800.00 All over 600 Mcf © $ 1.769 per Mcf RATE 4643 First 1,250 Mcf or less $ 1,450.00 All over 1,250 Mcf @ $ 1.592 per Mcf In all other respects, the above listed amended rate schedules remain in effect as filed with the Cities listed in Rate Schedule No.4630. 100%of the increase in industrial margin is to accrue to the benefit of TXU Gas Distribution. The above listed rates are closed to new customers as of the effective date of this rate schedule. Current customers taking service pursuant to this rate schedule will no longer be eligible for this service upon contract termination. Current customers may convert their existing contract to new Rate Schedule No. 4651. When the final contract subject to this rate expires or is terminated, this rate schedule will be cancelled. Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Industrial Sales Nos.4641 thru 4.643 APPLICABLE TO: REVISION:0 DATE: EFFECTIVE DATE: PAGE: 2 OF 2 APPLICABLE RATE SCHEDULES: Rate Adjustment Provisions: 8042 Tax&Franchise Fee Adjustment 8043 Surcharges Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Industrial Transportation No.4644 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 INDUSTRIAL TRANSPORTATION Monthly Rates: The fee for industrial transportation service is $ 0.915 per MMBTU delivered plus applicable taxes exclusive of the backup fee. The above transportation fees include both the fees incurred to move the gas from the receipt point on the transmission system to the city gate and the fee incurred to move the gas from the city gate to the customer's facility. If the fees for transportation service on the transmission system change,the above fee will be adjusted to reflect the overall transportation rate charged to customers. For Industrial Transportation customers,the quantity of transportation gas received into the Company's distribution system for the customer's account will be reduced by the Company's current lost and unaccounted-for-gas percentage as reflected in the volume factor on Rate Schedule No. 8041. 100%of the increase in transportation fees incurred to move the gas from the city gate to the customer's facility is to accrue to the benefit of TXU Gas Distribution. This rate schedule is closed to new customers as of the effective date of this rate schedule. Current customers taking service pursuant to this rate schedule will no longer be eligible for this service upon contract termination. Current customers may convert their existing contract to new Rate Schedule No. 4651. When the final contract subject to this rate schedule expires or is terminated, Rate Schedule No. 4644 will be cancelled. APPLICABLE RATE SCHEDULES: Rate Adjustment Provisions: 8042 Tax& Franchise Fee Adjustment 8043 Surcharges Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: IIndustrial Sales&Transportation No.4651 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 INDUSTRIAL SALES AND TRANSPORTATION Monthly Rates: RATE 4651-S(SALES) Customer Charge(Minimum Bill) $200.00 per meter Btu transported per month Rate/MMBtu First 1,500 MMBtu $0.5043 Next 3,500 MMBtu $0.4617 Next 45,000 MMBtu $0.3667 Over 50,000 MMBtu $0.1404 RATE 4651-T(TRANSPORTATION) Customer Charge(Minimum Bill) $200.00 per meter Btu transported per month Rate/MMBtu First 1,500 MMBtu $0.5043 Next 3,500 MMBtu $0.4617 Next 45,000 MMBtu $0.3667 Over 50,000 MMBtu $0.1404 Availability: Availability is subject to Texas Utilities Code(TUC)Section 104.003(b). In the absence of TUC Section 104.003(b) rates,the rates shown in this rate schedule are available to industrial customers. Rate 4651-$ (Sales)is not available to electric generation customers. Adjustment for Gas Cost: Each industrial customer receiving sales service under this rate schedule shall pay the Company's cost of gas plus applicable transportation,storage,and other costs incurred to acquire the gas and move it to the city gate on a per MMBtu basis. The above gas cost will be adjusted by multiplying it by the volume factor referenced in Rate Schedule No. 8041. Retention: For Industrial Transportation customers,the quantity of transportation gas received into the Company's distribution system for the customer's account will be reduced by the Company's current lost and unaccounted-for-gas percentage as reflected in the volume factor on Rate Schedule No.8041. Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution IRATE SCHEDULE: Industrial Sales&Transportation No.4651 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE:2 OF 2 APPLICABLE RATE SCHEDULES: Rate Adjustment Provisions: 8042 Tax&Franchise Fee Adjustment 8043 Surcharges Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: [Gas Cost Adjustment No. 8041 APPLICABLE TO: REVISION:0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 GAS COST ADJUSTMENT Each monthly bill shall be adjusted for gas cost as follows: (1) The city gate rate applicable to current billing month sales shall be calculated to the nearest$0.0001 per Mcf based upon: (a) A volume factor of 1.0273 determined in establishing the above rate for the distribution system as the ratio of adjusted purchased volumes divided by adjusted safes volumes. Said factor shall be adjusted annually following determination of the actual lost and unaccounted for gas percentage based upon year ended June 30. (b) The city gate rate applicable to volumes purchased during the current calendar month,expressed to the nearest$0.0001 per Mcf(shown below as"CGR") In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf as follows: GCA=1.0273x CGR Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Tax&Franchise Fee Adjustment 7 No. 8042 APPLICABLE TO: REVISION:0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 TAX & FRANCHISE FEE ADJUSTMENT For customers inside the city limits of an incorporated city,each monthly billing,as adjusted, shall be adjusted for municipal franchise fees(street and alley rental assessments)and the state gross receipts taxes imposed by Sections 182.021 -182.025 of the Texas Tax Code. Municipal franchise fees are determined by each city's franchise ordinance. Each city's franchise ordinance will specify the percentage and applicability of franchise fees. Each monthly bill,as adjusted,shall also be adjusted by an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease,or any increase or decrease of any other governmental imposition, rental fee,or charge(except state,county,city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to September 30,2001, upon or allocated to the Company's distribution operations, by any new or amended law, ordinance or contract. Municipal franchise fees (street and alley rental assessments)and the state gross receipts taxes imposed by Sections 182.021 - 182.025 of the Texas Tax Code shall continue to be collected pursuant to individual industrial contracts. Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RIDER: Surcharges No.8043 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF SURCHARGES Rate Case Expense Surcharge: Rate case expenses will be recovered through a surcharge designed for a twelve-month nominal recovery period. The surcharge per Mcf will be calculated by dividing the rate case expense to be recovered by the adjusted annual sales volume to residential, commercial, Industrial Sales, and Industrial Transportation customers. Other Surcharges: TXU Gas Distribution will recover other surcharges as authorized by the relevant municipality,the Railroad Commission of Texas or the Texas Utilities Code. Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Miscellaneous Service Charges Nos.9001 thru 9008 APPLICABLE TO: As Referenced REVISION:0 EFFECTIVE DATE: As Referenced PAGE: 1 OF 2 MISCELLANEOUS SERVICE CHARGES: 9001 Connection Charge (Residential&Commercial) The following connection charges apply: Schedule Charge Business Hours $ 35.00 After Hours 52.50 For each reconnection of gas service where service has been discontinued at the same premises for any reason,for the initial inauguration of service,and for each inauguration of service when the billable party has changed,with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of system outage or service work done by Company;or (c) For any reason deemed necessary for company operations. 9002 Read For Change Charge (Residential&Commercial) A read for change charge of$12.00 is made when it is necessary for a company employee to read the meter at a currently served location because of a change in the billable party. 9003 Returned Check Charges (Residential &Commercial) A returned check handling charge of$16.25 is made for each check returned to the Company for any reason. 9004 Delinquent Notification Charge (Residential&Commercial) A charge of$4.75 shall be made for each trip by a Company employee to a customer's residence or place of business when there is an amount owed to the Company that is past due. This charge shall not be made when the trip is required for safety investigations or when gas service has been temporarily interrupted because of system outage or service work done by Company. 9005 Main Line Extension Rate (Residential & Commercial) The charge for extending mains beyond the limit established by Franchise for residential,and commercial customers shall be based on the actual cost per foot of the extension. Tariff for Gas Service-NT Metro System-Appeal Cities TXU Gas Distribution RATE SCHEDULE: Miscellaneous Service Charges Nos.9001 thru 9008 APPLICABLE TO: As Referenced REVISION: 0 EFFECTIVE DATE: As Referenced PAGE: 2 OF 2 9006 Charge for Installing and Maintaining an Excess Flow Valve (Residential) A customer may request the installation of an excess flow valve on a new service line or on a service line being replaced provided that the service line will serve a single residence and operate continuously throughout the year at a pressure of not less than 10 psig.The customer will pay the actual cost incurred to install the excess flow valve.That cost will include the cost of the excess flow valve, the labor cost required to install the excess flow valve,and other associated costs.The estimated total cost to install an excess flow valve is$50.00. This cost is based on installing the excess flow valve at the same time a service line is installed or replaced.The excess flow valve will be installed on the service line upstream of the customer's meter and as near as practical to the main. A customer requiring maintenance, repair,or replacement of an excess flow valve will be required to pay the actual cost of locating and repairing or replacing the excess flow valve.The cost to perform this service will normally range from$200.00 to$2,000.00,depending on the amount of work required.This cost will be determined on an individual project basis. This tariff is being filed in accordance with the U.S. Department of Transportation rule requiring the installation of an excess flow valve,if requested by a customer,on new or replaced service lines that operate continuously throughout the year at a pressure of not less than 10 psig and that serve a single residence.The rule further states that the customer will bear all costs of installing and maintaining the excess flow valve. 9007 Recovery of Connection Costs Associated with Certain Stand-By Gas Generators (Commercial) Commercial customers installing stand-by gas generators to provide service in the event of an interruption in electric service in facilities where gas service is not otherwise provided will reimburse TXU Gas Distribution for the actual cost of acquiring and installing the regulator, service line, and meter required to provide gas service for the stand-by generators. Gas service provided for the stand-by generators will be billed at the applicable commercial rate. 9008 Charge for Temporary Discontinuance of Service (Residential&Commercial) Whenever service under this rate schedule has been temporarily disconnected at the request of the customer, a charge of$47.00 for residential and$73.75 for commercial plus the appropriate Connection Charge will be made to reestablish such service for that customer at the same address. WYLIE CITY COUNCIL AGENDA ITEM NO. 3 December 10, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17(SF-8.5/17)to Townhouse (TH), located at 413, 415, 417, and 419 N. Jackson Avenue, being Lots 2B, 2C, 2D and 2E, Block 3 out of the.Russell Addition, situated in the.S.R. Shelby Survey,Ahstract No. 820, City of Wylie, Collin County, Texas. (Zoning Case 2002-16) Background The applicant is requesting the rezoning of the subject property in order to redevelop the properties as attached residential units similar to those he has recently constructed on the abutting lots to the south. The property was originally platted as the sing eLot 2,and some time later divided into Lots 2B,2C,2D and 2E of the Russell No. 1 Addition(lot 2A was incorporated into Lot 1 to the south). Three of these lots are occupied by small detached single-family residences which.are currently occupied,and the fourth(Lot 2D)is occupied by a single-family residence recently damaged by fire and vacated. These parcels together total 0.645 acre in size, andindividnally range in size from0.15 acre(6,534 square feet)to 0.174 acre(7,579 sq. ft.). The applicant is in the process of consolidating the lots under single ownership for unified development. The abutting properties to the south were rezoned from the Single-Family Residential-2 of the previous Zoning Ordinance to Townhouse (TH) District by the City Council in September of 2001. That zoning change included four lotatotaling 13 acres,and the current applicant replatted those lots into eleven duplex lots in March of 2002 and has subsequently constructed two duplexes(four dwellings) and has additional duplexes under construction and planned Duplexes are a permitted use within the Townhouse District. The property abutting the tract to the north is not within the corporate limits ofthe City of Wylie and cannot be zoned to regulate.itsuse,and.is undeveloped_ The property to the east,across Jackson Street,is zoned for Single-Family Residential(SF 8.5/17)uses and is an older neighborhood developed in a mixture of lot and dwelling sizes under the Single-Family Residential 2_District_ofthepreviaus7.oningOrdinance. To the west, the subject properties adjoin the Dallas Area Rapid Transit—Kansas City Southern railroad freight corridor which is not currently zoned. Public Comment Forms were mailed to eighteen(18)property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Financial Considerations Re-zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Suburban Residential Uses for the subject property. The Plan defines the Suburban Residential land use category as detached residential lots ofbetween 10,000 square feet (1/4 acre) to one acre in.size and located further distances(as much as 3,000 feet)from Village Center retail uses. The proposed zoning is not consistent with this recommendation of the Plan. However, the close.proximity of the subject properties to the retail opportunities of downtown Wylie, suggests that the location is more consistent with Village Center residential uses, which include the proposed single-family attached duplex/tawnhouse dwellings and single-family detached lots of at least 8,500 square feet. As currently platted,the lots are not large enough to comply with the 8,500 square feet minimum required for detached dwellings. 2. Abutting property to the south to Brown Street has recently been rezoned and replatted to allow single- family attached duplex/townhouse residential uses, and the applicant has successfully constructed two such duplexes(four dwellings). Approval of the proposed rezoning will permit such redevelopment for the entire length of the west side of Jackson Streetnorth of Brown Abutting the railroad corridor to the west,this higher density development is more appropriate than the larger lot, lower densities of the SF 8.5 District zoning. 3. The proposedredevelopment can serve as a catalystfor additional reinvestmenr and revitalization of this older,declining neighborhood,as the recently-completed duplexes have encouraged the subject proposal. 4. The subject property is 210 feet wide along Jackson Street.. The.Townhouse (TH) District requires duplex lots to be 35 feet in width in order to accommodate side yards, and the current lots could accommodate two duplexes or four dwellings without requiring replatting If developed as attached townhouses,the two exterior/side lots must be 35 feet wide and all interior lots 30 feet wide, and such a scheme could yield as many as seven dwellings but will require replatting If replatted,impact fees must be paid prior to the filing of a Final Plat. Board/Commission Recommendation At the November 19, 2002 P arming and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of this zoning change. Staff Recommendation Approval. The proposed zoning and use are compatible with the surrounding environment and existing development and can serve as a redevelopment stimulus for the area. The Departments of Planning, Engineering Development.Services,Public.Works,and Fire con fay with this recommendation. Attachments Ordinance Location Map Notification List and Response Forms 04J-L&OlnitrflpsIN Prepared by Reviewed by Finance City Manag proval 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, ZONING CASE NUMBER 2002-16 TO TOWNHOUSE (TH) DISTRICT CLASSIFICATION;PROVIDING.FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING.FOR AN EI'N'ECTIVE 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 TH,Townhouse District Classification, said property being described in Exhibit"A" attached hereto and made apart hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the.Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision,clause,phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof; other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall he 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 pepdingunder 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 , 2002. By John Mondy,Mayor ATTEST: Barbara Salinas,City Secretary Exhibit"A" Legal Description ZC#2002-16 Being 413, 415, 417 and 419 North Jackson Street,andbeing all o£Lots 2B,2C, 2D and 2E of Block 3 of the Russell No. 1 Addition, City of Wylie,.Collin County,Texas. L .0077:- - — - if) _ _ _ _ _, -0 , a , _ ,.._. , Jo Subject s Property ' , ith Lane ,' tTi ' - ;ki . 11 l EEMID v 1 1 Heet ---- , - - - - - _J ' --+ — i- 7 r - r — a) WestII \d] rtre;t a rown S Ma > fast Brown Street I■ Jefferson Street r HI-0 tee ,?iui__ cn cn �- -- Marble CO � ' / _ _ Street , or e ree — —cL, L I i ° D cn i c / =In C (1) O Q r / Zi Street ° Oak street 1 / O / a) U / o iot Stre , , ' KIM .a.). et LOCATION MAP ZONING CASE #2002- 16 NOTIFICATION REPORT APPLICAN1 Laurence DeBerry APPLICATION FILE #2002-16 8277 PR 5597 Nevada,Texas 75173 # 3LK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 8277 PR 5597 1 Laurence DeBerry Nevada,Texas 75173 Russell Addn 11548 CR 736 2 Blk 2 Lot 1 B R-1173-002-001 B-1 Albert Thompson Princeton,Texas 75407 Russell Addn P.O. Box 921 3 BIk 2 1C R-1 173-002-001 C-1 Lummie Wolf Wylie,Texas 75098 Russell Addn 1111 Wheelis Road 4 Blk 2 2B R-1173-002-002B-1 Otis Ferguson Wylie,Texas 75098 Russell Addn 1111 Wheelis Road 5 BIk 2 2C R-1173-002-002E-1 Otis Ferguson Wylie,Texas 75098 Russell Addn P.O. Box 875 6 BIk 2 2D R-1173-002-002D-1 Alan Gauthier Wylie,Texas 75098 Russell Addn 1111 Wheelis Road 7 BIk 2 2E R-1173-002-002E-1 Otis Ferguson Wylie,Texas 75098 Russell Addn 419 N.Jackson Street 8 Blk 2 2F R-1173-002-002F-1 Donald Drain Wylie,Texas 75098 Russell Addn 100 S.Jackson Street • 9 BIk 2 3A R-1173-002-003A-1 Anita Lemons Wylie,Texas 75098 Russell Addn 5810 Southampton Drive 10 Blk 2 3D R-1173-002-003D-1 Jerry Cooper Richardson,Texas 75082-4942 Russell Addn 8277 PR 5597 11 BIk 3 Lot 1 R-1173-003-0010-1 Laurence DeBerry Nevada, Texas 75173 Russell Addn 8277 PR 5597 12 BIk 3 2A R-1173-003-0010-1 Laurence DeBerry Nevada,Texas 75173 Russell Addn 419 N.Jackson Street 13 BIk 3 2B R-1173-003-002E-1 Donald Drain Wylie,Texas 75098 Russell Addn 311 Willow Wood Street 14 Blk 3 2C R-1 173-003-002C-1 Ralph Rozier III Plano,Texas 75094-3523 Russell Addn 3114 Big Oaks Drive 15 Blk 3 2D R-1173-003-002D-1 Henry Lemons Garland,Texas 75044-6924 Russell Addn 413 N.Jackson 16 BIk 3 2E R-1173-003-002E-1 Harvie Miller Wylie,Texas 75098 P.O. Box 540667 17 Abst. 820 Tract 1 R-6820-000-0010-1 Peerless Manufacturing Co. Dallas, Texas 75354-0067 427 W. 12th Street 18 KCS Railroad Kansas City Southern Railway Co. Kansas City, MO 64105-1403 / / • / • / .1ofi (hch/ 1ir1rfs V�� ,ry k'F, •j ; 1 V 'tfW .A`.. to l 1 n-•,,If.,;,,:.0.,'.. ..firrt541v4.--r-r•._1:1-,,,,.4-::'41::kf31 .4.) i.7'` P- Y.IYrJ _Y P RW'' "„ )ri'. 0' 39 • 3C k; ,. r NN� Y. ,gyp'. na*•2t?!a 1a e • C.J 02 B 2 Fi FDrrnerkr/4Ru sSe 2 r f 2C 2G VI \/T6 n 7, (A . _rk") ' / I _ -— -_ f --- 1 i / I Z(Lco - I (D V'VYLIE CITY COUNCIL AGENDA ITEM NO. L( December 10, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture(A)to Single-Family 10/19(SF-10/19),located west of F.M. 544 and south ofthe Stoneridge Farms Addition,being all ofa 45.07 acre tract of land as described in a deed to William L. Collins recorded in Volume 309, Page 285, Deed Records of Collin County,Texas, situated in the A.Atterbury Survey,Abstract No. 23,City of Wylie,Collin County, Texas. (Zoning Case 2002-17) Background The subject property was annexed into the City of Wylie on.July 9,2002,ancdwas then zoned Agriculture(A) until an appropriate permanent zoning classification is established. The applicant is requesting rezoning ofthe 34.306 acre tract to.Single-Family Residential(SF 10/19)District in order to develop a subdivision of single- family residences on lots of at least 10,000 square feet. Properties abutting to the north and west are zoned Single-Family 10/19 (SF-10/19) District, and are developed as the Stoneridge Farms Addition with single-family residences on lots of one acre in size. Properties abutting to the south are within unincorporated Collin County but within Wylie's Extraterritorial Jurisdiction,and are developed with single-family residences on lots generally of one acre in size. Properties to the east across F.M._544 are zoned Planned Development District(PD 2002-21)for mixed uses as the 475-acre Bozman Farms PD,a plat for the first phase of which has been approved as the 50-acre Lake Trails of Bozman Farm Addition with lots ranging.from 7,896 square feet to larger than 12,000 square feet. Public Comment Forms were mailed to eighteen(18)property owners within 200 feet of this request. Five (5) Comment Forms had been returned at the_time of posting,, each OPPOSING the request. Thirteen(13) additional Forms have been submitted from properties within the notification area but outside of the City limits,all OPPOSING the request_ Five(5).Forms and a petition containing35.signatures were submitted by those speaking at the November 19, 2002 Public hearing by the Planning and Zoning Commission, all OPPOSING the request. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Country Residential uses for the subject property. This classification requires lots of one acre or larger, with rural streets and open drainage and dwellings of 2,600 square feet or larger_ The proposed development doesnot comply with these recommendations of the Comprehensive Plan. 2. Adjacent properties on three sides ofthe subject tract are developedin the Country Residential character as recommended by the Comprehensive Plan,with lots of one acre or larger. However,an easement for a major electric transmission line traverses the north side of the subject property,providing an additional setback distance of development from the neighboring Stoneridge Farms Addition and effectively serving as an open space buffer between the two developments. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning.Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph,sentence,subdivision,clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall he 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 , 2002. By John Mondy,Mayor ATTEST: Barbara Salinas, City Secretary Exhibit"A" Legal Description ZC#2002-17 Being a tract of land situated in the A_Atterberry Survey,Abstract No_23,Collin County, Texas, said tract being out of a 45.07 acre tract described in Volume 309,Page 285, CCDR(Collin County Deed Records), said tract being the came tract descrihed in Vohime 2359,Page 296, CCDR and being more particularly described as follows: BEGINNING at a '/ inch rod set in the intersection of the South line of said 45.07 acre tract and the West line of FM Highway 544, 100 feet right-of-way(recorded in Volume 568, Page 11), said rod being North 88E21'09"West, 10.02.feet from a 5/8 inch rod found for the intersection of a 2.124 acre tract described in Volume 2683,Page 591,CCDR and the West line of FM 544,90 feet right-of-way(recorded in Volume 567, Page 594, CCDR); THENCE,North 88E21'09"West,a distance of 1,981.37 feet,alongthe common South line(as held on the ground)of said 45.07 acre tract and the North line of said 2.124 acre tract, and a 40 acre tract described in Volume 917,Page 312, said 40 acre tract becoming.Twin Oaks,an unrecorded subdivision to a '/2 inch rod set in the intersection of said common line and the projection of most Southerly East line of Amended Stoneridge Farms,Phase I to the City of Wylie,Collin County,Texas,recorded in Cabinet K, Slide 173, CCMR(Coffin County Map Records),said rod being South 88E21'50"East,0.7 feet from a 1 inch shaft and washer found under a metal fence; THENCE,North 00E14'54"Ea st,a distance of 776.36 feet,along said line of Stoneridge Farms,Phase Ito a 1/2 inch rod set for an interior corner of said Stoneridge Farms, Phase I; THENCE, South 88E07'15"East,at 261.73 feet past the most Southerly common corner of said Stoneridge Farms, Phase I, and Stoneridge Farms, Phase II to the City of Wylie, Collin County, Texas, recorded in Cabinet K, Slide 778, CCMR,in all,a distance of 1,752.43 feet to a.'/Zinch rod set for the Northwest corner of a tract described in Volume 689,Page 750,CCMR and called to be 1 acre more or less, said rod also being in the South line of said Stoneridge Farms,Phase II and being North 88E07'15"West, a distance of 212.11 feet from a 1/2 inch rod found for the Northeast corner of said 1 acre tract; THENCE, South 01E45'59"East,a distance of 205.32 feet to a Yzinch rod set for the Southwest corner of said 1 acre tract; THENCE, South 88E07'15"East, a distance of 21111 feet to a YZ inch rod set for the Southeast corner of said 1 acre tract, and being in the West line of said FM Highway 544 right-of-way, said rod also being the beginning of a transition for 90 to 100 feet of right-of-way; THENCE, South 03E56'39"West, a distance of 100.50 feet to a 1/2 inch rod set at the end of said right-of- way transition; THENCE, South 01E45'59"East,a distance of 463.63 feet to the POINT OF BEGINNING and containing 33.943 acres of land. 1 aNNIIIINII > ' I I I 1 C. I I I I 1 1 I1 I I 1 I reS vle v Lone r ° I , 1 1 ' - 1 — _ 0 -1I I �• ` \ I I 1 / _ I I , . �� i 1.� ' n - 1 ' I Cr1 r 11, C C, I a v 1r 1 f ::: 1 1 --Orlve _ _ I _ tall) \ 1 _ _ A 1ilik - _ \ 1 1 1 1 1 I 11111,o LW111111: ,— - - 'so C _ Twin Ooks tAnVe �-- 1 0 I J , ma •riv- 1 1 1 r/ 1 I 1 r - - Wheel's _ I I ' I 1 /J I ' 1 1 / 1 [._ L,0 I L _ _ J L _ _ J / I I / 1 L , f N .52 3r `'e' a, / III alO p 1 1 1 1 I 1 I 1 1 I 1 1 L — I I I I 1 i 1 r _ ,._._ T _ r T 4 I I I I 1 ' ' , 1 1 r ' I I 1 1 I I LOCATION MAP ZONING CASE #2002-17 NOTIFICATION REPORT APPLICAN1 Realty Development Trust APPLICATION FILE #2002-17 1771 International Parkway, #127 Richardson,Tx. 75081 I # 3LK/ABSII LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS II Applicant 1771 International Parkway, #127 1 Really Development Trust Richardson,Texas 75081 Stoneridge Farms I 811 Oakbrook Drive 2 Blk A Lot 9 R-3718-00A-0090-1 Paul Molesworth Wylie,Texas 75098 Stoneridge Farms I 821 Oakbrook Drive 3 Blk A 10 R-3718-00A-0100-1 Peter Dickenscheid Wylie,Texas 75098 Stoneridge Farms I 901 Oakbrook Drive 4 Blk A 11 R-3718-00A-0110-1 Jerry Richardson Wylie,Texas 75098 Stoneridge Farms II 911 Oakbrook Drive 5 Blk A 12 R-4003-00A-0120-1 Dion Alvarez Wylie,Texas 75098 Stoneridge Farms II 921 Oakbrook Drive 6 Blk A 13 R-4003-00A-0130-1 Joel Orr Wylie, Texas 75098 Stoneridge Farms II 931 Oakbrook Drive 7 Blk A 14 R-4003-00A-0140-1 David Cannon Wylie,Texas 75098 Stoneridge Farms II 941 Oakbrook Drive 8 Blk A 15 R-4003-00A-0150-1 Larry Jackson Wylie,Texas 75098 Stoneridge Farms II 951 Oakbrook Drive 9 Blk A 16 R-4003-OOA-0160-1 William Murray Wylie,Texas 75098 Oakbrook Drive xStoneridge Farms II ` 10 Blk A 17 R-4003-00A-0170-1 Thomas Van Eaton Wylie,Texas 75098 Stoneridge Farms II 1011 Oakbrook Drive X11 Blk A 18 R-4003-00A-0180-1 James Pearson Wylie, Texas 75098 Stoneridge Farms II 1021 Oakbrook Drive V �` 12 Blk A 19 R-4003-00A-0190-1 Jimmy Dunn Wylie,Texas 75098 Stoneridge Farms II 1031 Oakbrook Drive 13 Blk A 20 R-4003-00A-0200-1 Gary James Wylie,Texas 75098 Stoneridge Farms II 1041 Oakbrook Drive 14 Blk A 21 R-4003-00A-0210-1 Robert Hall Wylie,Texas 75098 Stoneridge Farms II 1051 Oakbrook Drive 15 Blk A 22 R-4003-00A-0220-1 Scott Mitchell Wylie,Texas 75098 2000 SH 78 North 16 Abst 23 Tract 23 R-6023-000-0230-1 City of Wylie Wylie, Texas 75098 1275 E. FM 544 17 Abst 979 Tract 31 R-6979-000-0310-1 Edwina Cook Wylie,Texas 75098 Collin County 210 S. 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( 1 :,,, . . . . ‘,.. ----• -,- —i— ....- •,..- \ '...s . .•—•• ,.., ., 1/4—) 4...su 1,-y) H. = V 1119' TWIN OAKS ESTATES UN RECORDEr This is a W 0 R K I N G drawing ONLY. ..)>10f ,251. eta l. - -.UII,. - 'I dS° d o1I 13 14 1 6 17 18 19 20 21 .,.. IL t Slt t, SS1 01 AT ry T. r-i -rn--Tr nr., _`.1TM'__- to l]S 4l _� �_ ___._ NI1 T�}'t�.n l•rwM-I1.w'I-w�•� r+. 2 _ 1 9 g 7 615 4 toL FPP 1" 1 1 0 1.31w I,IOMe 2 sB�kY Low& • r)ut of Abst. 23 Tract8 00 thnt CENTRAL APPRAISAL DISTRICT , — �` `tt Y/YLIE ISD For 1982 Account 01178 COLLIN COUNTY SCALE : 1' -200 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: f!l1,c, 00rt+hy ✓ Id 1isic rrh (please print) Address: 81 ( 046}K ko0 !)? t ve Luy 7509 Signature: T - t ► l 9L Date: - �2 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10, 2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie, Texas Name: KDBE 2T' L . V I CK (please print) Address: VoS (7A5 W Y L 755Ct$ Signature: WaLULt drViL) Date: ///i/0Z COMMENTS: M layOm E5 �-Ptn1 tJ G-i� c=o t2- TH'LS P . FtD ME5 DN F3crTFt iS+DES t<k-12 OF I Ac €' PLUS L,0-5. Ro1Y165 PGuS 31-2Eer-5 EllSernekITS v t D WI IL Ofltu,E oaF- NomES, PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Mcof lb( {-v) (0we__c `-3 (please print) _ Address: FL- a,JC ocZ )Ic_ UpL R\. .) -70c1 X Signature: —' .t `—rC Off, LP __., Date: , / / C> r---. COMMENTS: 1/ -- ((0 2L &k.d a.A. ? ` L 30, (2 )1,6)/(Jkc_ 1 $(.4_...,b1 . d- , c;1„. C,t% �, but., J'i -Q _ 1 1114P71/1U2- 3 Olkk C 0 f-cc;7'i�5 . �'--t L « 1 ra-ce a/c_ wu- AG dY i rvt.e.,-u-d ZLQ j /YL pt-- _ci - i- OUse vazueC �t PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. ` ✓ I am AGAINST the requested zoning as explained on the attached public notice Case#2002-17. for Zoning Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: r%CT-z %?/C/ NSCf1E 2) (please print) Address: FZ/ CA /L f'� 27/ -7 9 Signature: - l L�Zc C Date: ` " ��_O�✓ COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case / #2002-17. I am AGAINST the requested zoning g as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: Ch Y, t C \'e`ne Fi t"C)-SDC (please print) Address: -O w l Yr 0 A k S Signature: Date: I ) 1 -U 1 - OL COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. • Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: 'G/l/� Fa,/ / //a,r'tI;-1 (please print) Elva Fay Martin Address: 849 Twin Oaks Drive, Lot 16 Wylie, TX 75098 Signature: �: Fay Mar in Date: November 18,2002 COMMENTS: The land owner and developers in the case #2002-17 should not be given the authorization to over—populate the area of land behind our home. If the property is to be developed it should conform to the surrounding area by having homes with 1 acre lots or better. I believe this type of demonstration of greed and disregard for other surrounding property owners is an nntrag_ Furthermore, it defeats the purpose of buying our home for the privacy and quiet it currently has. This unreasonable development plan will congest the roads leading to and from the properties. The children commuting will be at higher risk going to schools in the nearby elementary & middle school. I will not accept that high a concentratio of people in that small of an area. It is ridiculous.to even consider it. page 1 of 2 Elva Fay Martin November 18,2002 849 Twin Oaks Drive Wylie TX 75098 (972)429-1957 Public Comment Form Continued: 1. Building the unreasonable amount of housing you are proposing greatly reduces the right to the privacy we expected to continue to have by purchasing our home on Twin Oaks Drive. We do not want that amount of population accumulation in our back yard. 2. Our property value will be significantly decreased if they go ahead and build that type of habitat behind our house. 3. I believe with any increase in population to a small area will increase the crime level as well. 4. I don't believe our police and emergency personnel will be able to keep up (Ill funded to begin with) if you increase an areas growth that rapidly. 5. The road system is not set up for the level of traffic congestion which will be created by having this development continue. There are two schools in the close proximity of the development. I believe this type of congestion in the mornings and evenings will endanger the childeren in the area. 6. I simply disagree with building a project such as this. We moved here to get away from people piled ontop of each other. We want our wide open spaces. Stay away from us! Or at least have the decency to build "like" size lots of one acre or better. GREED seems to be the key motivator for building so many habitations. It's not going to beautify the are4or benefit the community in a positive way. I'm anxiou,, about the entire idea that you would even consider it at all. angry I am begging the committee responsible for the decision to build or not build to put themselves where we live. How would you like to have your peace be invaded upon just so one land developer can fatten his wallet at your expense. I'm almost certain the area they live in isn't congested. Don't dump on us, please. Sincerely, .� 3 7 7a,t Elva Fay Martin page 2 of 2 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday, December 10, 2002,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: 44A,l/ 14 /` • J/f/.�,/� , (please print) / Address: gin /�,Zi/ iL( (9A f�c 1.)Al G/, -, b) 1 / / `%( 75 Signature: f G ai�/�Ct, c--�" Z . l� -2 // Date: // =/ 7- 2,2 COMMENTS: I have lived in my home on Twin Oaks Drive, just South of the proposed development, since 1978. I have seen a lot of development in this area, especially of late. This proposal to build a development of homes, four to an acre, I don't believe is wise. Development of this land with homes on one to two acre lots makes a great deal more sense. This would be in keeping with the development both to the North and South. Homes on acreage are becoming harder and harder to find this close to the Metroplex, therefore homes on acreage should increase in value at a faster rate than homes on ordanary lots (which are avaliable everywhere) . Also lower density housing would not put such a heavy burden on our school system. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday, December 10, 2002.6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: kCA,A,4.--7f/ . j1; ,,4 i> (Please print) /3'/J/ 23i714 . 13 R Address: 25- To- ; 04Ks PR/ vt Ct'y Lit, 'Ise `yi- Si nature: r / r Date: / / - / 7 - 2 CO -7 COMMENTS: As a homeowner who fives adjacent -to the area outfi',ed Ca se #20102-/7, I f,,,d deuelopsneyrl as curve-mtlydesip,ed does nofifii i+, wrtb 'the rest of -tl,e area aroJ rs pu,-le undesirable The developc,-i areas to the i-vri,nedia-t-e nor}h and south of thealrea described r„ Case#2002-17 ara low-dense y oiie-plus ackes�ner lof Tl,isrnroDosect deyelo e t 's high densrfy y Lots per acre afld Abe viof»,Itch the SUrrou,QA;y,q a_re25. Also, hoses of any dece-„t sbuarefoofa9e am a cost ra„9e f-o tirtafclo ;t3 curvert VI 41`;,h bor5 rdo�ld !nave to be 1c o-story c..l„ch also would its rice,hLois xe-alarcltrtce-ler?l ihraye. I a,,,, not against the res., eahal develop,ienfof this area thatreaso,rably meldswifh the existi>,y 11Iing residewtral ,areas but 1-his proposed high-eiey,sifyclevelopwo.yitdefir,i-lely does reef, T1iereforei I ant a7ai,/sf file Play, as tovrevitly laid ouf iM Corso 2002 -17. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. • Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie, Texas Name: I d o cin e/ /Y c;r K n ��- (Please print) Address: Signature: C r., c i main Date: /1- /S - COMMENTS: / /JG K S ,. } ti �A e /- Ce may'G' N. I c' crt. /G'7tc 1. � f e c i c r 11C•t /� )91 i/��// C c i^-S �.C/Y7 t q 1 CI Y/ ', K: rW e /C C�j 7�i c'» .Z..) C' /L k, / 3 U S e cy. c.r cti� �2 c��i - PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10, 2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: (�:y -c' c -j L l! 6. ,... (�`�Y ,. L� (please prim 1 /� Address: f % /C`j(_time s ,,, r .1,,e___, J JJi, 1 7 y < < Signature: ,- .4 `,\ ( __-l" `,,k, - G 'Ji, —. c.� J Date: // /l- (:'c2,-- COMMENTS: ((ilS p ,,,-- ( CrY ti Jr,4._ /, .) (•� (// !7/rm ., S cid /f4- 10'C "� �V! 1/%�1/l' 4 / c (i_ 7 //....) C.' /Ci[,�-t ////f :J�i (r z./ oh///,... ci rl/' (---,-h r t c .- r a/v,)�. l% /mil( _,/i.; / f—Ec if-i-3/ /, /i / �/' . 7 ,44,0,"-t2 �'o l-/f Li_ G /r--riI Cr) r c r j l_ r4 C. c y ' I/ yJ, '<. /r -</L/h 1 ,S 41(1, /1 r 6 ---4- c_kf, Co ,t <' r Al e r9 CJfr 6 )1`i- C I\i l r( r -e 4-r-:C5.:,L" it i'•0 1'Vie: Cf/i r- tr: /J C ,- ..ec` V/ / IA ." Lt,r' A r c_s ,-�� (( (5 e !1l A_LYh// /- PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. • Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 114 y N —1)/ 'Ae 4-7 41641--‹ (please print) Address: ///0 E. FM . -41 r lZ./ z / Tx 7.5'0 78 Signature: /14,-2c7 (Lytsf rt y-r-L .tx.,,r..— Date: i t - COMMENTS: is 5-h c U /cI b e (' (r ) ic c i /flh/V/f1 a,ems Ai o in C L -j r9/� toe PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday, December 10, 2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: \ / 1, ;C:t l /1 j %,Cv- (please print) Address: ) i`.� �� / // it,3 1 1� Signature: -/c'c_ ; y Li Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case • #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10, 2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: / E/ A- v1 G / (pleas Qprin!) Address: / e7) / u,+ 1n Oce Signature: Date: 1/ COMMENTS: 1 — © CrCre !d /5. /i S�� U/'/� n Uc - Deki , enf Qe--e, e_c/ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas A Name: c.1 r\CA' �' `( -;` C J � (please print) Address: CA- j •Signature: \ _\'v �i T l j LA3 Z22,„.ilY7% J Date: I � 1 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. fI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: --DQV id 4 d U C -t (please print) Address: 2 Z W 1 A Qc kS Signature: Date: f ► a(g JOZ_ COMMENTS: PUBLIC COMMENT FORM (Please type or use hlack ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. / I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: 5 Ryy1 r Yl -e e (please print) Address: `` ls.) 1 YN C)C-1S A \ Signature: Date: \ \ 1 e COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ,,.) ( L L. (Alit( V e ikY (please print) Address: q S ( O �Ce k. l . LAY( ( � ( )7So2 i Signature: t,(j.ekVC-`-"o. v v l j.,0(.1( / Date: ( ( 71?7/0 7 COMMENTS: hk,0 Pe Si- LC b( Nt1= ( o (s 4 JL= 0 ( r. r ' 7- (lzy-rt{ At .c c NI (X�-? P ke PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: -„det- -r A r / ,D /J�' (please print) Address: 573 7 /Lc l i Ai (0 y-/S-- /�� c — LI /'-- -7 `zv 5f Signature: 4kA-/Q� r/ � Date: // "-�'�I' U'Z COMMENTS: `� LcJ.// L-<_ /' tTi A ;/✓, if Yu-Li./ r,, -2 f ci /p .76 df;1%`x u (� 1V . /4/ cL Lc i / u/V7 iR.-. e77`/y /ric( /ram ' /9 1 A G (I (Jn c a V e:- ie c/ /�.�1 w 1 r /t /i. Coil?77/ sc,i old{/i/c1 Ci be (771iEl. s fl- C i7- e., PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, November 19,2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Date,Location&Timc of City Council meeting: Tuesday, December 10, 2002,6:00 pm • Municipal Complex,2000 Highway 78 North,Wylie, Texas Name: /Ya Rdr2A1/,`) 4/ (please prinl)j (� •�® Address: �� / </`�//1v /9,9 //- ;13,7 Signature: I(, CU- 'di/4,4/210 Date: // t —0.91 COMMENTS: `� rrnrn/e.,S m-rJ //;/l/ ��/�� ���- 015 Ye- ' o t 7 iit/i/!��' ' G2do.�7/ , ?lb //V y� 974e2a5 s 7 3izA raa LC4'J a /4 ,2ze (ed/- t� Zou )tp rt777/t A /zr/ Cam' /77646 ,1A-61 e- "/"A a/ D`� � �`= i 5 6t4i/Azo7"c w e7n e -/, s e c7l (////L pie. u 661't 11C /(7c 47ta ICZtAecce-f. �.�tl i ki/i G/o/'/ 1 /86O A/ 64' /7112/92 i PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. '! I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002,7:00 pm • Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: please pri Address: /l7 Signature: c Date: y' d COMMENTS: •f^} • ll Flli �/ — N}O r\Q)}\ne,QSL_z) — (C o) )',.(L ()OvYYN0 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. X) I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. • Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm • Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 7h00-05 clod JomIC V on Et+On (please print) Address: I CO I OoK bccoK ID r ki\I+C. rx 750gg Signature: A921,082A7 Date: 26702 COMMENTS: tti\COtht.ag t WOO OW) ; we, GA\ v)ave O acre, and --k)e p rOperfiEs 1..dr) od are ar rer, e 1-)0 a 0( ch oc \(-)OtAses in be,-h,.-)ecn wptalri vx. her(' bte and s, 11 e P(ever Sir 1 Si-rry r ,r)�H w,nones . or SCA01e t e-'cAc,or) ; Bo-tlrl ►rtei9V)be 't->OGAS SIDO,r1" S�►'�G�Ie `)fiort.3 , (Aryl (AlsofO( p{\\IC6C\/ rcr- Second sforj riOcA) , /rnr)I V1:5 o S•kone (Zd, Ce40' handle (4o cetw+;t')€s frac Ci c o ('J0 5;de k,14 i 1(.5 en Stc nG d e Ak;n Eit0.4n1-ar� c�w(I t�cw,dt�' o rea5e �n�«VIrVt a nee hbe�hCe OD'Ad c rr{4'• PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm . Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ' • Y (please print) Address: . Signature: .. . Date: • COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-17. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm • Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ,f e RA'A' :� C I`V . , ,i a alit e:s (please print) (- Address: / 0 3 , Off.K,b1'CI0 l\ 6 c (,P 1)-e. /x 7S( 9V Signature: 4,:eftl.A.,_.., t2.444 Date: /f-L _ j COMMENTS: h. )" )_Cti) ` - DIP. ( e 1 es. ) S ,' [, ixi d L(-, leicc , t- F, CI. WYLIE CITY COUNCIL AGENDA ITEM NO. 5 December 10, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) for mixed uses, including commercial and residential of various densities and housing types. Generally located south of KM_ 544 and west of Country Club Drive,being three separate parcels totaling 157.2888 acres,Parcel 1 being a 37.3823 acre tract ofland situated in the I&GN Railroad Company Survey,Abstract Na. 1061 andL.K Pegues Survey,Abstract No_703,Parcel2 being a 68.3705 acre tract of land situated in the L.K. Pegues Survey, Abstract No. 703, and Parcel 3 being a 51.5360 acre tract of land situated in the W.M.Sachse Survey,Abstract No. 835., City of Wylie,Collin County,Texas. (Zoning Case 2002-18) Background The applicant is requesting rezoning ofthe subject 157.29 acres in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities and building types, multifamily residemtial apartments, retail and commercial uses and private open spaces. The proposal is intended to create a viable Village Center concept as defined by the Comprehensive Plan, and, through coordinated planning and design,better address several development constraints of the property, as an expansion of the Woodbridge golf community. The subject property was annexed into the City of Wylie as separate tracts at various times. Tracts identified on the legal description and Concept Plan as Parcel 3(Tracts A-4,A-5 and C-2)were annexed into the City in 1986,along with the western third of Parcel 2. The remaining eastern portion of parcel 2 as well as Parcel 1 (Tracts B-1 and C-1) were annexed in 1995. The applicant has combined these various tracts together under single ownership for coordinated development purposes_ The entire 157 acres included within this Planned Development District are currently zoned Agriculture(A),which is generally a holding District until appropriate urban land uses are proposed These properties are largely undeveloped,except for several older residential tracts which are included within the PD for redevelopment. The properties abutting the proposed.PD to the northwest of the subject tracts are platted as the Regency Business Park, and is largely developed for commercial or light industrial uses. The Regency area was rezoned from Industrial(I)to Business Center(BC).in.February with the City-wide revision of the Zoning Ordinance and Map. F.M. 544 serves as the northern boundary of the tract and Hensley Lane bounds it on the south. Properties to the east are zoned Agriculture, but are owned by the Wylie Independent School District and City of Wylie and are developed respectively as the Wylie Senior High School and Founders Park. South of the Park and north.of Hensley Road is soma property not owned by the City which is zoned Agriculture(A)District, and south of Hensley Lane are rural developments of 10 acres and larger. To the southwest,the subject properties abut a 13-acre tract annexed into the City in 1999,zoned Agriculture(A) and developed as a single-family residence and office for a construction company. South of this tract is the abandoned landfill and future public park within the City of Sachse. The Concept Plan of the Planned Development District allocates 39.7 acres or 25.2 percent of the total PD area to Commercial uses, and these are located to the north of the development adjacent to F.M. 544 and abutting the Regency Business Park on the west(identified as Tract C-1)_ This use will serve as the centrally- located retail Village Center, and is an expansion of the existing uses within the Regency development. Surrounding the nonresidential Village Center are residential neighborhoods ofvaried densities and housing types, separated from the nonresidential uses and buffered by the southward extension of Country Club Road which is to be renamed Woodbridge Parkway and connect with the existing.Woodbridge Parkway at State Highway 78. About 19.5 acres (Tract B-1) or 12.4 percent of the total PD are allotted to Multifamily Residential,located to the east boundary abutting.the High School and_Founders Park. South ofthe Regency development, the Concept Plan allocates 28.3 acres (Tract A-4) or 18 percent of the PD to Townhouse residential much as envisioned by the current requirements of the Zoning.Ordinance and on public streets,and 23.3 acres(Tract A-5)or 14.8 percent to Townhouse dwellings modified in a Courtyard design with private streets. East of these higher density residences and south of the Multifamily uses,separated by the future Woodbridge Parkway extension,is allocated 33.6 acres(Tract A-3)or 21.4 percent is allocated to single-family residences modified from the.standard SF 8.5 regulations of the Zoning Ordinance to allow lots of 7,200 square feet minimum with an overall average of 8,500 square feet. Fronting Hensley Lane to the south,Tract A-1 (4.8 acres or 3.1 percent) is allocated to single-family residences with lot sizes of 10,000 square feet minimum (slightly revised for the standard SF10 requirements), and abutting this strip to the north is single-family residences slightly modified from the SF 8.5 standards. The Development Conditions of the Planned Development District establish the maximum possible number of single-family attached and detachedresidential lots and dwellings at 665(including Tracts A-1,A-2,A-3,A-4 and A-5 combined),which reflects an overall density of 7.24 dwelling units per acre. At the density of 15 dwelling units per acre allowed by the Zoning Ordinance for the multifamily development,a potential total of 293 apartment dwellings is possible for Tract B-1. The PD requirements are a modification of the standard regulations of the.Zoning.Ordinance adopted in February of 2002_ They are designed to provide an overall unified development pattern while encouraging broad individuality and choice within the several residential neighborhoods. See the attached Conditions of the Planned Development District. The subject property is traversed by existing major electric,sewer and water transmission lines as well as the planned southward ext psion of Country Club Road, and these corridors divide the property into several smaller segments. Furthermore,the floodplain of a Muddy Creek tributary dissects the southeastern portion of the property. The Planned Development District proposes to connect the several separate developable areas created by these undevelopable corridors by a coordinated street network,connected to the expanded regional Country Club!Woodbridge collector thoroughfare. A pedestrian trail system is also proposed to link the various residential neighborhoods with the commercial development as well as the high school and Wylie and Sachse parks. The proposed residential neighborhoods are planned to be oriented away and screened from the potentially incompatible abutting land uses of the Regency Industrial Park development and the regional land fill. Public Comment Forms were mailed to sixty-five(65)property owners within 200 feet ofthis request. Seven (7) Comment Forms, representing ten (10) parcels of land, have been returned at the time of posting, FAVORING the proposal. Three(3)persons spoke at the November 19,2002 Public Hearing,OPPOSING the request because of the proposed lot and house sizes smaller than recommended by the Comprehensive Plan and allowed by the Zoning Ordinance. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The stated purpose of a Planned Development District is to allow the combining of uses and regulations of various zoning districts which is not normally allowed by straight zoning,and to permit flexibility and innovation in the use and design ofland and development beyond the minimal requirements ofthe Zoning Ordinance. The recent revisions to the Zoning Ordinance were specifically designed to provide such flexibility and thereby avoid the need for PDs_ However,the size,configuration and intended mixed-use of this request, as well as the several potential constraints to development imposed by the site itself, justify its rezoning by a coordinal PD rather than as separate development proposals regulated by differing zoning categories and limited potential for connectivity and coordinated control. 2. The. Village Center concept of the Comprehensive Plan focuses residential uses around a central commercial/institutional core. Higher-density residences,including smaller-lot single-family detached or attached dwellings and multifamily dwellings, are to be located nearest to the nonresidential Village Center to encourage pedestrian access. Lower-density residential uses are to radiate outward from this central core in concentric circles,decreasing in density as distance from the Village Center increases. The Comprehensive Plan envisions a modified Village Center for this area of the City,utilizing the existing Regency Business.Park as the retail portion and the existing high school as the institutional use. This enlarged central core is to be immediately surrounded by such low-density attached residential uses as townhouses and apartments and detached single-family lots no smaller than 8,500 square feet. The Comprehensive Plan recommends Suburban Residential, with single-family lots ranging from 10,000 square feet(.1/4 acre)to 30,000 square feet(3/4 acre)in size for the properties south of Regency to the City limits and land fill and eastward to the high school/park. Country Residential uses,single-family lots of one acre and larger developed with a rural scale infrastructure,is recommended by the Plan east of Hooper Road and south of the electric transmission corridor. While the subject request generally follows the Village Center concept of the Comprehensive Plan,it does not conform to the residential densities recommended by the Plan and permitted by the Zoning Ordinance. The proposal provides for an expansion of the commercial Village Center around the Regency development, thereby reducing the amount of residential proposed by the Plan to located between Regency and the high schooL The expanded commercialuses results in reduction in medium- and low- density residential, with an increase of higher-density residential uses. Where the Plan recommends medium-density residential south and east of Regency,the request proposes higher-density attached and single-family lots of 7,200 square feet,and the PD requests medium-to high-density lots(8,500 to 10,000 square feet) for the extreme south portion instead of recommended low-density Country Residential acreage lots. 3. The PD request proposes to utilize the potential barriers,floodplain and utility transmission lines which otherwise threaten to segregate the property into smaller disconnected parcels for street and trail corridors which connect the varied use districts into a unified whole_ The proposal will provide for the extension of the north/south regional traffic collector by extending Country Club Road to connect with the Woodbridge Parkway at S.H..78 with four lanes divided by a median An east/west collector street will route residential traffic to the central Parkway rather than through Regency or Hooper. The development will responsible for the improvement of one-half of Hensley Road. An eight feet wide continuous pedestrian and cycle trail is proposed to connect the several residential neighborhoods with one another as well as with retail opportunities and school and park_ The trail system will be constructed along one side of the streets rather than narrower side walks along both sides. These proposals have been accepted by the City Engineer as complying with the recommendations of the Thoroughfare Plan and Design Standards. 4. Private streets may be used within Townhouse Districts, at the discretion of the developer. 5. The.Subdivision Regulations require alleys within all residential developments. The PD Conditions waive this alley requirement, and leave the provision of alleys to the discretion of the developer at the time development plans and plats are formulated for the individual phases of the development. The PD reduces the width of alley rights-of-way,when provided,from the required twenty feet to fifteen feet but requires an easement within the abutting rear yards to accommodate utilities normally carried within the alley. 6. The Manual for the Design of Storm Drainage Systems requires that increased storm water runoff of a development be detained on-site so that runoff after development approximates natural runoff prior to development. The.PD proposes to collect and discharge runoffinto the Maxwell Creek drainage system without additional onsite detention. The City Engineer has accepted this proposal. 7. Tract A-1,4.8 acres of 150 feet depth frontingHensley Lame,is restricted to Single-Family 10(SF-10/19) residences and related uses. These lots and dwellings are intended to reflect similar character as those existing houses facing Hensley on the south, and serve as a buffer from the smaller-lot,higher-density residential of the PD behind this Tract to the north. Development within this Tract shall comply with all Design Standards of Section 3._4 ofthe Zoning Ordinance for Suburban Residential Districts and the lots shall comply with all SF-10 dimensional requirements of Section 3.2.C. of the Zoning Ordinance. This Tract could accommodate as many as 18 or 19 lots at the standard 75 feet frontage width required by the SF-10. 8. Tract A-2, 3.9 acres of 145 feet depth, is restricted to Single-Family 8.5 (SF-8.5/17) residences and related uses. Development within this Tract shall comply with all Village Residential Design Standards of Section 3.4 of the.Zoning Ordinance and the lots shall comply with all SF-8.5 dimensional requirements of Section 3.3.A. of the Zoning Ordinance. Along with Tract A-1, it is intended to compliment the existing rural acreage developments south of Hensley Lane_ This Tract could accommodate as many as 20 or 21 lots at the 70 feet frontage width required by the SF-8.5. 9. Tract A-3, creating the larger number of detached single-family residences within 33.64 acres, is restricted to single-family residences and related uses. Development within this Tract shall comply with PD's modified Residential Design Standards(PD Section 2_09)and the lots shall be 7,200 square feet but otherwise generally comply with SF-8.5/17 dimensional requirements of Section 3.3.A. of the Zoning Ordinance except for the following modifications.. Development Condition y Proposed Retiuirerl Minims Ra taunt i of - Jor'SF-&S District Loth -- 7,200 sq.ft.minimum 8,500 sq. ft.min. 8,500 sq.ft. average - Lot'Mk 60 ft. 70 ft. Lot fruit!:„Air Corner 65 ft. 75 ft. Lots Lot Depth_ 120 ft 100 ft. Main Residences— 5 ft. 7 ft. Manx Bess eir — 15 ft. standard lots, 25 ft. Sitte-Yartkriter fat 25 ft.key lots Main Residence- 30 ft. 45 ft. Rear_ 'ard _ Acc o lures— 15 ft. standardlots, 25 ft. Side Yart4 Comer-Lot- 25 ft_key lots 10. Tract A-4 is restricted to standard attached single-family Townhouses and related uses. Development within this Tract shall comply fully with the dimen sional requirement s of the Townhouse District(Section 3.3.B.) and the Village Residential Design Standards(Section 3.4) of the Zoning Ordinance. 11. Guest parking additional to required off-street parking spaces within Tracts A-4 and A-5,the Townhouse and modified courtyard residences, may be constructed of grass-crete. 12. Tract A-5 is restricted to attached single-family residences of a special courtyard design. Development within this Tract shall comply with the PD's modified Residential Design Standards(PD Section 2.07)as well as the following dimensional requirements. DevelopmentCondition Proposed Required Minimums Reirement For THDistrict LotArea 2,200 sq.ft.nun. 3,500 sq.ft.-exterior w/side yds. 3,000 sq.ft—interior w/o side yds. Lot 22 ft. 30 ft. Lot Width for Corner 37 ft. 45 ft. Lots Lot.11ep1h,7.nduditg -_ 100 ft_ 100 ft. standard lots, Double—Fronts-- 120 ft_for double front lots 20 ft. standard lots, 25 ft. standard lots, Rear fart 15 It for double flout lots, 45 ft.for double fronts 30 ft.for fire lane adjacency lots Accessory Structures— 15 ft. 25 ft.for double fronts, Rene YdlDouble Front 10 ft. for standard lots 13. The PD proposes the following Residential Design Standards to revise both the Basic and Desirable requirements and points of the Village Land Design Requirements of Section 3.4 of the Zoning Ordinance. These modified Design Standards shall apply to all attached residential and all modified detached single-family residential development within Tracts A-3, A 4 and A-5. All elements not addressed within the PD will comply fully with the regulations of the Zoning Ordinance. Development moose Requirement of-the Condition P tRequirements viiktgelendentiaiDistricts Residential--Oren Access-to open space and parks at 30 ft.to 50 ft. with 4 ft. walk Space-Conneet cul-de-sacs every 10lots Trail3�ysiem 8 ft. wide, 4 ft. walk both sides standard, one side of selected streets 5 ft. trail gets points 14. The PD proposes the followingResideptial Design Standards to substitute both the Basic and Desirable requirements and points of the Village Street and Sidewalk Requirements of Section 3.4 of the Zoning Ordinance_ These modified Design Standards shall apply to all attached residential and all modified detached single-family residential development within Tracts A-3, A-4 and A-5. All elements not addressed within the PD will comply fully with the regulations of the Zoning Ordinance. Devela meat_ Propose _Requirement of the Condition Requirements, z_ { e Res dential Districts Curr�ili� 25%in Tract A-3, Standard grid allowed, 1 El%in Tracts A-4 and A 5 25%curvilinear gets points Eintrp lure Landscaped entry and minimum ' Brick or stone walls and 100 ft. 50 ft.long median w/in SG ft. ROW ROW Sidewalks 6 ft. wide,one side of streets, 4 ft. wide,continuous both sides 8 ft_trail along selected streets of streets—wider gets points Screening of Screen walls along Secondary Screen walls required, Thoroughfares- Thoroughfares no lots back onto thoroughfares get points Street trees One 3 in. cal.per lot,evenly 3 in. cal.,30 ft. spacing spaced 15. The PD proposes the following Residential Design Standards to substitute both the Basic and Desirable requirements and points of the Village Architectural Design Requirements of Section 3.4 of the Zoning Ordinance. These modified Design Standards shall apply to all attached residential and all modified detached single-family residential development within Tracts A-3, A-4 and A-5. All elements not addressed within the PD will comply fully with the regulations of the Zoning Ordinance. Development Propose Requirement ofthe Condition PD Requirements Village Residential Districts 100%brick,stone or composite Exterior Material material for SF, 100-%brick,stone or stucco 100%composite material for TH 5%natural wood accent for TH 16. Tract B-1 is restricted to Multifamily residences and related uses_ Development within this Tract shall comply with all requirements of the Multifamily(MF)District Section 3.3.0 of the Zoning Ordinance. Development shall comply with the PD's modified Residential Design Standards (PD Section 3.02), which reflects the following changes from the standard regulations. Development Propose Requirement of the Condition PD_Requirements _ Village Residential Districts , Curvilineal 10%earns 20 points 25%earns 20 points Entry Few 50 ft.long landscaped median in 200 ft.landscaped median in 100 80 ft.right-of-way earns 15 points ft.right-of-way earns 15 points 100%masonry,30%brick or Exterior Materials stone to count as 100% 100%brick,stone or stucco masonry,5%wood accent Roof-Pitch- _ 6:12,common shingle color 6:12 base, 8:12 earns paints 17. Tracts C-1 and C-2 allow office, retail and commercial land uses as permitted within the Community Retail (CR) and.Corridor Commercial (CC) Districts on the Land Use Tables of Sections 5.2 of the Zoning Ordinance. Development within Tract C-1 shall comply with the dimensional requirements ofthe Commercial Corridor(CC)District,Figure 4-4 of the Zoning Ordinance.,and development within Tract C-2 shall comply with the requirements of the Community Retail (CR) District, Figure 4-2 of the Ordinance. Development within both Tracts C-1 and C-2 shall comply with the following modified Design Standards. Development Proposed Requirements Condition Requirement of the CIF District 64 pts.for buildings 20,000 sq.ft. or larger, Site Design Mors 40pts.for buildings 20,001 to 60Tpoints required for all building Required 40,000 sq.ft., sizes 20 pts.for buildings over 40,001 sq. ft. 25 total points required, 1 5%of the site for buildings under Landscaping Points 40,000 sq.ft., 20%of site for CC and CR Required 10%of the site for buildings over 40,000 sq.ft. 18. The PD proposes to allow required offstreet parking spaces within the nonresidential uses of Tracts C-1 and C-2 to be 9 feet wide and 18 feet long. Section VII.B.3 of the Thoroughfare Standards and Design Manual, as revised by the City Council in October of 2002, requires that all parking spaces within residential and nonresidential areas to be 10 feet by 20 feet. 19. Each phase of development within this Planned Development District shall require the approval by the Commission and Council of a detailed Development Plan prior to the initiation of construction. The Development Plans shall serve as Preliminary Plats. Board/Commission Recommendation At the November 19,2002 Planning and Zoning Commission meeting,the Commission voted 4-0 to table this zoning change until the December 3,2002 P&Z meeting,to allow the applicant time to make modifications to the Development Conditions_ At the December 3, 2002 Planning and Zoning Commission meeting, the Commission voted 4-1 to recommend approval of the proposed Planned Development district with the stipulations that the overall maximum allowed residential units in Tracts A 1,A 2,A-3, A-4 and A-5 shall not exceed 665 lots,and that the average lot aize in Tract A 3 shall be 8,500 square feet with a minimum lot size of 7,200 square feet. Staff Recommendation Denial of the requested rezoning. The proposal is not consistent with the recommendations of the Comprehensive Plan(especially the smaller lot and dwelling sizes), and allows too much unjustified variance from code requirements(especially higher densities and waiver of alleys in single-family, and smaller parking spaces within commercial). The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Ordinance with Conditions for the Planned Development District and Development Plan Location Map Notification List and Map, with Responses Cliamkt/KorAl Pp/ Prepared by Reviewed by Finance City Manag1 royal 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, ZONING CASE NUMBER 2002-18 TO PLANNED DEVELOPMENT (PD) 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 ZoningMap 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", "B"and"C"attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance,as the same now exists or is hereafter amended. SECTION 5. Should any paragraph,sentence, subdivision,clause,phrase or section ofthis ordinance be adjudged or held to be unconstitutional,.illegal or invalid,the came 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 , 2002. By John Mondy,Mayor ATTEST: Barbara Salinas,City Secretary Exhibit"A" Legal Description ZC#2002-18 Parcel 1 Being a tract of land situated in the I.&G.N. Railroad Company Survey, Abstract No. 1061 and the L.K. Pegues Survey,Abstract No. 703,in the City of Wylie,Collin County,Texas,and being all of a tract ofland described in a deed to Ronald Scholz, as recorded in Volume 1198,Page 638 of the Deed Records of Collin County,Texas,all of a tract of land described in a deed to Ida Pearl Scholz,as recorded in Volume 682,Page 330 ofthe Deed Records of Collin County,Texas,all of a tract ofland described in a deed to Richard Parker, as recorded in Collin County Clerk'&File#93-0065326 of the Deed Records of Collin County,Texas,all of a tract ofland described in a deed to Richard Parker,as recorded in Coffin County Clerk's File#02-106920 of the Deed Records of Collin County, Texas, all of a tract of land described in a deed to B.C. Woods, as recorded in Volume 418, Page 131 of the Deed Records of Collin County, Texas, a part of a tract of land described in a deed to Ida Pearl Scholz,as recorded in Volume 768,Page 315 of the Deed Records of Collin County, Texas, and a part of a tract ofland described in a deed to B.C. Woods, as recorded in Volume 316, Page 409 of the Deed Records of Collin County,Texas,and being more particularly described as follows: BEGINNING at a point at the northeast corner of said B.C.Woods tract and the northwest corner of a tract ofland described in a deed to Wylie ISD,as recorded in Collin County Clerk's File#95-0012337 ofthe Deed Records of Collin County,Texas,and in the south line of County Road 544, said point being at the beginning of a curve to the right having a central angle of 11E50'36",a radius of 944.97 feet and a chord bearing South 15E18'30"West, 194.98 feet; THENCE, along the east line of said B.C. Woods tract, the west line of said Wylie ISD tract, and southwesterly along the said curve,an arc distance of 195.33 feet to the southeast corner of said B.C.Woods 0.569 acre tract,the northeast corner of said B.C.Woods 3.27 acre tract,and the beginning of a curve to the right having a central angle of 06E10'40", a radius of 944.96 feet and a chord bearing of South 24E19'09" West, 101.84 feet; THENCE, along the east line of said B.C.Woods tract,the west line of said Wylie ISD tract, and the west line of a tract of land described in a deed to Wylie ISD, as recorded in Coffin County Clerk's File #95- 0012336 of the Deed Records of Collin County, Texas,the following: Southwesterly along said curve, an arc distance of 101.89 feet to a point for corner; South 27E24'29" West, a distance of 54.52 feet to the beginning of a curve to the left having a central angle of 04E35'05", a radius of 1,055.00 feet and a chord bearing South 25E08'27"West, 84.40 feet; Southwesterly along said curve, an arc distance of 84.42 feet to the beginning of a curve to the left having a central angle of 01E40'55",a radius of 1,163.93 feet and a chord bearing South 21E51'01" West, 34.17 feet; Southwesterly along said curve,an arc distance of 34.17 feet to a point for corner; South 02E22'57"West, a distance of 926.44 feet to the northwest line of a tract ofland described in a deed to Texas Power and Light,as recorded in Volume 575,Page 224 of the Deed Records of Collin County, Texas; THENCE, along the northwest line of said Texas Power and Light tract,the following: South 52E18'44"West, a distance of 1,122.58 feet to a point for corner; North 89E25'10"West,a distance of 35.74 feet to the southeast corner of a tract ofland described in a deed to Hooper Business Park,an addition to the City of Wylie,Collin County,Texas,as described in Cabinet H, Slide 52 of the Map Records of Collin County,Texas,said point also being in the west line of said Ida Pearl Scholz tract; THENCE, along the west line of said Ida Pearl Scholz tract and the east line of said Hooper Business Park tract,North 00E56'39"East,a distance of 1,881.44 feet to the southwest corner of said Ronald Scholz tract; THENCE, along the west line of said Ronald Scholztract,east line of said Hooper Business Park tract,and the east line of a tract ofland described in a deed to Henry Garland,as recorded in Collin County Clerk's File #96-0034807 of the Deed Records of Collin County,Texas,North 01E02'23"East,a distance of176.30 feet to a point at the beginning of a curve to the right having a central angle of 00E26'35", a radius of 5,676.08 feet and a chord bearing South 86E48'51"East,43.89 feet,said point being at the northwest corner of said Ronald Scholz tract, the northeast corner of said Henry Garland tract, and in the south line of said County Road 544; THENCE,along the south line of said County Road 544,the north line of said Ronald Scholz tract,the north line of said Ida Pearl Scholz tract, the north line of said Richard Parker tract, the north line of said B.C. Woods tract,the following: Southeasterly along said curve,an arc distance of 43.89 feet to the beginning of a curve to the left having a central angle of01E25'23",a radius of 6,645.06 feet and a chord bearing South 87E20'46" East, 165.05 feet; Southeasterly along said curve,an arc distance of 165.06 feet to the beginning of a curve to the left having a central angle of 02E21'45",a radius of 5,783.08 feet and a chord bearing South 89E26'57" East, 238.44 feet; Southeasterly along said curve,an arc distance of 238.46 feet to a point for corner; North 89E11'42"East, a distance of 17.59 feet to a point for corner; South 69E27'29"East,a distance 17.72 feet to a point for corner; North 01E20'38"East, a distance of 4.10 feet to a point for corner; North 89E27'48"East,a distance of 614.10 feet to the POINT OF BEGINNING, and containing 37.3823 acres of land. Parcel 2 ZC#2002-18 Being a tract of land situated in the L.K. Pegues Survey, Abstract No. 703, in the City of Wylie, Collin County, Texas, and being part of a tract of land described in a deed to B.C.Woods, as recorded in Volume 316,Page 409 of the Deed Records of Collin County,Texas, a part of a tract of land described in a deed to Ida Pearl Scholz,as recorded in Volume 768,Page 315 of the Deed Records of Collin County,Texas,and all of a tract of land described in a deed to Birmingham Land Trust,as recorded in Volume 4194,Page 1852 of the I and Records of Collin County,Texas,and being more particularly described as follows: BEGINNING at a point at the southwest corner of said Birmingham Land Trust tract, said point also being at the intersection of Hooper Road and Hensley Lane; THENCE,along said Hooper Road,the west line of said Birmingham Land Trust tract,the east line ofatract of land described in a deed to North Texas Municipal Water District,as recorded in Volume 1300,Page 809 of the Deed Records of Collin County, Texas,the east line of a tract of land described in a deed to Timothy R. Johnson,as recorded in Collin County Clerk's File#97-0066824 of the Deed Records of Collin County, Texas,the east line of a tract of land described in a deed to B.C. Wood as recorded in Volume 3282,Page 804 of the Deed Records of Collin County,Texas,and the east line of a tract of land described in a deed to John P. Pennington as recorded in Volume 2726, Page 986 of the Deed Records of Collin County, Texas, North 00E28'20"East,a distance of 1,852.23 feet to the northwest corner of said Birmingham Land Trust tract and the southwest corner of a tract of land described in a deed to Texas Power and Light,as recorded in Volume 577,Page 335 of the Deed Records of Collin County, Texas; THENCE, along the common line between said Birmingham Land Trust tract and said Texas Power and Light tract,the following: South 88E52'13"East,a distance of 515.72 feet to a point for corner; South 00E58'13"West, a distance of 50.00 feet to a point for corner; South 88E52'17"East, a distance of 220.37 feet to a point for corner; North 48E29'57"East, a distance of 91.56 feet to the most easterly point of said Texas Power and Light tract, said point also being in the north line of said Birmingham Land Trust tract and in the southeast line of a tract ofland described in a deed to Texas Power and Light,as recorded in Volume 575, Page 224 of the Deed Records of Collin County, Texas; THENCE, along the south line of said Texas Power and Light tract,North 49E35'36"East, a distance of 973.53 feet to a point in the west line of a tract of land described in a deed to Wylie ISD as recorded in Collin County Clerk's File#95-0012336 of the Deed Records of Collin County,Texas, said point also being in the east line of said B.C. Woods tract; THENCE, along the east line of said B.C.Woods tract,the west line of said Wylie ISD tract, and the west line of a tract of land described in a deed to the City of Wylie,as recorded in Collin County Clerk's File#95- 0012334 of the Deed Records of Collin County,Texas, South 02E22'57"West,a distance of 645.69 feet to the southeast corner of said B.C.Woods tract and an ell corner of said City of Wylie tract; THENCE, along the south line of said B.C. Woods tract and a north line of said City of Wylie tract,North 88E51'57"West, a distance of 46.23 feet to the northeast corner of said Birmingham Land Trust tract and the most westerly northwest corner of said City of Wylie tract; THENCE, along the west line of said Birmingham Land Trust tract and the east line of said City of Wylie tract, South 02E12'26"East, a distance of 442.60 feet to a point in the west line of said Birmingham Land Trust tract and in the east line of said City of Wylie tract; THENCE, along the west line of said Birmingham Land Trust tract,the east line of said City of Wylie tract, and the east line of a tract of land described in a deed to Alton W.Hensley, as recorded in Volume 4832, Page 598 of the Deed Records of Collin County,Texas, South 02E34'38"West, a distance of 1,462.30 feet to the southeast corner of said Birmingham land Trust tract and the southwest corner of said Alton W. Hensley tract,said point also being in the north line of a tract of land described in a deed to Worth M. Speed, as recorded in Volume 1383,Page 170 ofthe Deed Records of Collin County,Texas,said point being in said Hensley Lane; THENCE,along said Hensley Lane,the south line of said Birmingham Land Trust tract,the north line of said Worth M. Speed tract, the north line of a tract of land described in a deed to Norlan C. Van Cleve, as recorded in Volume 2364,Page 510 of the Deed Records of Collin County,Texas, and the north line of a tract ofland described in a deed to Wayne Rich,as recorded in Volume 1730,Page 888 of the Deed Records of Collin County, Texas, North 87E17'48" West, a distance of 1,440.08 feet to the POINT OF BEGINNING, and containing 68.3705 acres of land,more or less. Parcel 3 ZC#2002-18 Being a tract of land situated in the W.M. Sachse Survey, Abstract No. 835, in the City of Wylie, Collin County, Texas, and being all of a tract of land described in a deed to B.C. Woods, as recorded in Volume 3282, Page 804 of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point at the southwest corner of said B.C.Woods tract, said point being the southwest corner of a tract of land described in a deed to Timothy R. Johnson,as recorded in Collin County Clerk's File #97-0066824 of the Deed Records of Collin County,Texas,said point also lies in the north line of a tract of land described in a deed to North Texas Municipal Water District,as recorded in Volume 1300,Page 809 of the Deed Records of Collin County, Texas; THENCE, along a south line of said B.G.Woods tract and the north line of said to North Texas Municipal Water District tract,North 88E32'56"West, a distance of 574.05 feet to a point at the southwest corner of said B.C. Woods tract,the northwest corner of North Texas Municipal Water District tract, and in the east line of a tract of land described in a deed to North Texas Municipal Water District, as recorded in Volume 2281,Page 358 of the Deed Records of Collin County, Texas; THENCE, along the west line of said B.C. Woods tract,the east line of said North Texas Municipal Water District tract,North 01E32'59"East,a distance of 389.36 feet to a point for corner; THENCE, continuing along the west line of said B.C. Woods tract, the east line of said North Texas Municipal Water District tract, and the east line of a tract of land described in a deed to Iona H. Ingram, as recorded in Volume 826,Page 579 of the Deed Records of Collin County,Texas,North 00E32'13"East,a distance of 658.81 feet to the northwest corner of said B.C. Woods tract and the southwest corner of Regency Business Park#2,an addition to the City of Wylie,Collin County,Texas,as recorded in Cabinet G, Slide 92 of the Map Records of Collin County, Texas; THENCE, along the north line of said B.C. Woods tract,the south line of said Regency Business Park#2, and the south line of a tract of land described in a deed to John P.Pennington,as recorded Volume 2726, Page 986 ofthe Deed Records of Collin County,Texas, South 89E47'28"East,a distance of2,639.30 feet to the northeast corner of said B.C. Woods tract, said point also being in the west line of a tract of land described in a deed to Birmingham Land Trust,as recorded in Volume 4194,Page 1852 of the Land Records of Collin County,Texas,said point being in Hooper Road; THENCE, along Hooper Road,the east line of said B.C.Woods tract,and the west line of said Birmingham Land Trust tract, South 00E28'20"West, a distance of 798_74 feet to the southeast corner of said B.C. Woods tract and the northeast corner of said Timothy R. Johnson tract; THENCE,along the south line of said B.C.Woods tract and the north line of said Timothy R.Johnson tract, North 89E31'30" West, a distance of 2,072.08 feet to an ell corner of said B.C. Woods tract and the northwest corner of said Timothy K Johnson tract; THENCE, along the east line of said B.C. Woods tract and the west line of said Timothy K Johnson tract, South 00E44'38"West a distance of 271.40 feet to the POINT OF BEGINNING,and containing 51.5360 acres of land, more or less. Exhibit"B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (ZONING CASE 2002-18) 1.0 PLANNED DEVELOPMENT DISTRICT 1.01 Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and development standards. Each permitted use is planned,developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. The flexibility provided in the detailed provisions outlined in this Planned Development District allow for additional expansion of the creative and innovative concepts defined in the Suburban Residential Districts,the Village Center Districts and the Commercial Districts of the existing zoning ordinance. The allowable use of a combination of these districts provides for the enhancement and implementation of the City's vision of the Comprehensive Plan. The use of existing creative development goals and objectives contained within the Suburban Residential Districts, the Village Center Districts and the Commercial Districts, combined with the additional flexibility provided by the use of selective emhancentents allowed by the use of a Planned Development District, together provide for a unique and creative village center development which is of eneral benefit to the City as a whole. 2.0 PLANNED DEVELOPMENT- SUBURBAN RESIDENTIAL DISTRICTS/VILLAGE RESIDENTIAL DISTRICTS Tracts A-1,A-2,A-3,A-4,and A-5 2.01 General Description: The residential tracts within this Planned Development located in proximity of the village commercial center are intended to accommodate a variety of single family suburban residential andvillage residential land uses and densities. They are designed to support the requirements of a village center which provides the needed civic,business and commercial requirements of a neighborhood. The residential units will encompass components contained in the Suburban Residential Districts and the Village Residential Districts of the Zoning Ordinance of the City of Wylie. Tract A 1 in Parcel 2 will be developed in accordance with Single Family- 10 District(SF-10/19) as revised herein. Tract A-2 in Parcel 2 will be developed in accordance with Single Family- 8.5 District (SF-8.5/17). Tract A-3 in Parcel 2 will be developed in accordance with Single Family- 8.5 District (SF-8.5/17)as revised herein. Tract A-4 in Parcel 3 will be developed in accordance with Townhouse District(TH). Tract A-5 in Parcel 3 will be developed in accordance with Townhouse(TH) as revised herein. The revisions to the development standards for the districts identified above as revised,are necessary within each respective district to achieve the previously stated purpose and are further outlined within these development standards. 2.02 Permitted Uses: Land uses permitted within residential areas,indicated as Tracts A-1,A- 2 and A-3 in Parcel 2, and Tracts A-4 and A 5 in Parcel 3 as shown on Exhibit "A"which are allowed in Article 5 Use Regulations, Section 5.1 Land Use Charts,Figure 5-3 Land Use Tables, Residential Districts, Suburban Residential, SF-10/19 (Tract A-1) and Village Center,SF-8.5/17(Tracts A-2 and A 3)and TH(Tracts A 4 and A-5) and Section 5.2 Listed Uses, as defined in the Zoning Ordinance of the City of Wylie are revised with the following additions: a. Private recreation facilities and buildings for homeowner use. b. Real estate sales offices and model homes during the development and marketing of the residential areas. c. Temporary buildings,advertising signs,and uses incidental to construction work and sales promotions on the premises,which shall be removed upon completion. 2.03 Density: The overall maximum allowed residential units for Tracts A 1, A-2,A-3, A-4 and A-5 shall not exceed 665 lots. 2.04 Additional Parking Area Requirements: Additional parking area requirements to serve the guest parking area requirements for Tracts A-4 and A 5 may be constructed of either concrete or grass Crete. 2.05 Single Family- 10 District(SF-10/191: The lots in Tract A-1, Parcel 2 are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations,Section 3.2 Suburban Residential Districts,Figure 3-5 - Single Family 10 District(SF-10/19)in the Zoning Ordinance of the City of Wylie with the following revisions: a. Yard Requirements-Main Structures: Side Yard on Corner Lots- 15 feet on a standard lot and 25 feet on a key lot. b. Yard Requirements-Accessory Structures: Side Yard on Corner Lots- 15 feet on a standard lot and 25 feet on a key lot. 2.06 Single Family-8.5 District(SF-8.5/17): The lots in Tract A-2,Parcel 2 are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.3 Village Residential Districts,A_ Single Family- 8.5 District(SF-8.5/17), Figure 3-6 - Single Family 8.5 District(SF-8.5/17)in the Zoning Ordinance of the City of Wylie with the following revisions: a. Yard Requirements-Main Structures: Side Yard on Corner Lots- 15 feet on a standard lot and 25 feet on a key lot. b. Yard Requirements-Accessory Structures: Side Yard on Corner Lots- 15 feet on a standard lot and 25 feet on a key lot. The lots in Tract A-3, Parcel 2 are to be developed in accordance with the development standards as defined in Article 3 - Residential District.Regulations, Figure 3-6 - Single Family 8.5 District(SF-8.5/17)in the Zoning Ordinance of the City of Wylie except as follows: a. Lot Size: Lot Area- 7,200 square feet minimum. All lots within this tract will average 8,500 square feet. Lot Width- 60 feet Lot Width on Corner Lots- 65 feet. Lot Depth- 120 feet. b. Dwelling Regulations: Minimum Square Footage- 33% 1,300 square feet 33% 1500 square feet 34% 1700 square feet c. Yard Requirements-Main Structures: Side Yard- 5 feet. Side Yard on Corner Lots- 15 feet on a standard lot and 25 feet on a key lot. Rear Yard Double Front Lots- 30 feet d. Yard requirements-Accessory Structures: Side Yard on Corner Lots- 15 feet on a standard lot and 25 feet on a key lot. 2.07 Townhouse District(TLO: The lots in Tract A-4,Parcel 3 are to be developed in accordance with the development standards as defined in Article 3 -Residential District Regulations, Section 3.3 Village Residential Districts,B.Townhouse District(TH),Figure 3-7- Townhouse District(TH) in the Zoning Ordinance of the City of Wylie. The lots in Tract A 5,Parcel 3 are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.3 Village Residential Districts,B.Townhouse District(TH),Figure 3-7- Townhouse District(TH) in the Zoning Ordinance of the City of Wylie with the following revisions: a. Lot size: Lot Area - 2,200 square feet. Lot Width- 22 feet Lot Width on Corner Lots- 37 feet. Lot Depth- 100 feet. Lot Depth of Double Front Lots- 100 feet.. b. Yard Requirements- Main Structures: Rear Yard- 20 feet. Rear Yard Double Front Lots- 15 feet. Rear Yard for Lots Adjacent to a Fire Lane- 30 feet from the rear property line. c. Yard requirements-Accessory Structures: Rear Yard Double Front Lots- 15 feet. 2.08 Private Streets/Fire Lanes: The use of a public street or fire lane in the Townhouse District(TH) shall be at the discretion of the developer and will be shown on the development plan or preliminary plat. Private streets and fire lanes shall be located in a public,access easement having a minimum width of 24 feet and a minimum pavement width of 24 feet. 2.09 Residential Design Standards: The Section 3.4 Residential Design Standards shall apply to all lots defined within the Planned Development District in the Suburban Residential Districts and Village Center Districts classification with the following revisions: Figure 3-14 Village Residential District(SF-8.5/17, TH, MF, MH) Requirements a. A. Village Land Design Requirements- 30 Points Required: 1. Connection of Open Space to Residential Development. (i) Cul-de-sacs as shown on the Conceptual Plan attached hereto,extending into or providing neighborhood access to open space or parks, in addition to streets alongside to open space or parks, shall qualify for 25 points. (ii) The trail system with a trail being 8$.in width,as shown on the Conceptual Plan attached hereto, shall qualify for 10 points. b. C. Street and Sidewalk Requirements- 55 Points Required: 1. Curvilinear Streets: (i) The streets within Tracts A 1,A 2 and A 3 shall have 25% of the streets meet the design criteria for curvilinear streets and shall qualify for 20 points. (ii) The streets within Tracts A 4 and A-5 shall have 10% of the streets meet the design criteria for curvilinear streets and shall qualify for 20 points. 1. Entry Features and Medians. (i) Landscaped entry features and medians located in an 80 foot right of way shall qualify for 15 points. The minimum length for a median at any entry intersection of a public street shall be 50 feet. 1. Sidewalk Width. (i) A side walk width of 6 feet,with a meanderingdesign,located within a parkway of a secondary collector, collector street or residential street, located on one side of the street as shown on the Conceptual Plan attached hereto,shall qualify for 15 points. The meandering sidewalk is to be constructed on one side of the street which fulfills the sidewalk requirements for both sides of the respective street. 1. Screening.of Residential Units Backing onto Major Thoroughfares. (i) A screening wall constructed along the rear property line of lots adjacent to the Secondary Thoroughfare shown on the Conceptual Plan attached hereto, shall qualify for 20 points. 1. Village Residential Street Trees. (i) Residential lots fronting on a collector or residential street shall have a minimum of 1 tree per lot planted in the front yard of each lot. It is the intent to have the trees evenly spaced within any given block length as well as their location in relationship to the front property line. The flexibility of offsetting or staggering trees along the street shall be an option for consideration in achieving a pleasing streetscape. This concept shall qualify for 20 points. (ii) The trees within each tract shall have a minimum caliper of 3 inches as measured 12 inches above the ground at the time of planting. (iii) A tree layout wattle submitted with the development plan or preliminary plat indicating the spacing of the trees. The plan will take into consideration the width of the lot and the location of driveways in determining tree spacing. c. D. Architectural Requirements- 30 Points Required: 1. Exterior Facade Material. (i) The base standard shall be 100 %brick, stone or masonry composite materials. The use of all masonry composite material on units in the Townhouse District(TH) shall qualify as 100%masonry. (ii) Natural wood products may be used for architectural accent which shall consist of no more than 5% of the exterior facade of units in the Townhouse District(TH). 1. Roof Pitch. (i) The roof pitch for all residential units shall be a minimum of 6:12 for either a detached or attached units. (ii) The use of the same colored shingle throughout the residential subdivision shall qualify for an additional 20 points. 3.0 PLANNED DEVELOPMENT-MULTIFAMILY Tract B-1 3.01 Multifamily District(MF): Tract B-1,Parcel 2 is to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.3 Village Residential Districts, C.Multifamily District(MF),Figure 3-8- Multifamily District(MF)in the Zoning Ordinance of the City of Wylie except as follows: a. Dwelling Regulations: (i) Maximum Density- 18 Dwelling Units/Gross Acre (ii) Building Separation between detached buildings- 20 feet. 3.02 Residential Design Standards: The Section 3.4 Residential Design Standards shall apply to all lots defined within the Planned Development District in the Village Center Districts classification with the following revisions: Figure 3-14 Village Residential District(:SF-8_5/17, TH,MF, MH) Requirements a. A. Village Land Design Requirements- 30 Points Required: 1. Connection of Open Space to Residential Development. (i) Cul-de-sacs extending into or providing neighborhood access to open space or parks, in addition to streets alongside to open space or parks,shall qualify for 25 points The number of cul-de-sacs in this area shall be limited to four (ii) The trail system with a trail being 8 fr._in.width as shown on the Conceptual Plan attached hereto shall qualify for 10 points. b. C. Street and Sidewalk Requirements- 55 Points Required: 1. Curvilinear Streets. (i) The public streets within Tract B-1 shall have 10% of the streets meet the design criteria for curvilinear streets and shall qualify for 20 points 1. Entry Features and Medians. (i) Landscaped entry features and medians located in an 80 foot right of way shall qualify for 15 points. The minimum length for a median at any entry intersection of a public street shall be 50 feet. (ii) (ii)A side walk width of 6 feet,with a meandering design,located within a parkway of a secondary collector, collector street or residential street, located on one side of the street as shown on the Conceptual Plan attached hereto shall qualify for 15 points. The meandering sidewalk is to be constructed on one side of the street which fulfills the sidewalk requirements for the respective street. 1. Screening of Residential Units Backing onto Major Thoroughfares. (i) A screening wall constructed along the rear property line of lots adjacent to the Secordary Thoroughfare shown on the Conceptual Plan attached hereto,shall qualify for 20 points. 1. Village Residential Street Trees. (i) Multifamily lots fronting on a collector or residential street shall have a tree per lot planted along the street right-of-way at a minimum spacing of 30 feet and a maximum spacing of 50 feet. It is the intent to have the trees evenly spaced within any given block length as well as their location in relationship to the property line. The flexibility of offsetting or staggering trees along the street shall be an option for consideration in achieving a pleasing streetscape. This concept shall qualify for 20 points. (ii) The trees within each tract shall have a minimum caliper of 3 inches as measured 12 inches above the ground at the time of planting. (iii) A tree layout will be submitted with the development plan or preliminary plat indicating the spacing of the trees. The plan will take into consideration the width of the lot and the location of entrances in determining tree spacing. c. D. Architectural Requirements- 30 Points Required: 1. Exterior Facade Material. (i) The base standard shall be 100 %brick,stone or masonry composite materials with a minimum of 30 %brick or stone, shall qualify as 100%masonry. (ii) Natural wood products may be used for architectural accent which shall consist of no more than 5% of the exterior facade. 1. Roof Pitch. (i) The roof pitch for all multifamily units shall be a minimum of 6:12. (ii) The use of the same colored shingle throughout the multifamily development shall qualify for an additional 20 points. 3.03 Screening Walls: Screening walls used in multifamily development shall be as follows: a. Unless there is a natural or landscaped open space or buffer area,which may be zoned either for single family or multifamily use,having a minimum width of twenty five(25)feet located between single family residential and multifamily residential uses, a six(6)foot screening wall shall be constructed by the developer/bulkier of the multifamily property between any areas developed for multifamily uses and single family residential uses. The above referenced six(6)foot screening wall shall be constructed of stone, stucco,brick,tile,concrete or similar materials or any combination thereof Wrought iron fencing may be used as an accent feature to a screening wall from the front building line to the front property line or street right-of-way. Wrought iron gates may be used in a screening wall for access to utility transformers and control panels. Design of the aforementioned screening fence shall be submitted at the time of development plan approval. 4.0 PLANNED DEVELOPMENT-VILLAGE CENTER NONRESIDENTIAL DISTRICT AND BUSINESS DISTRICT Tracts C-1 & C-2 4.01 General Descrintion: The commercial tracts within this Planned Development located within the proximity of the residential land uses of the Village Center are intended to accommodate the development of office,retail and commercial service-related uses for the neighborhood residents. 4.02 Permitted Uses: Land uses permitted within nonresidential areas, indicated as Tract C-1 in Parcel 1 and Tract C-2 in Parcel 2 as shown on Exhibit "A", shall include those uses allowed in Article 5 Use Regulations,Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables,Non-Residential Districts, Village Center, Community Retail(CR) and Commercial,Commercial Corridor District(CC)and Section 5.2.Listed Uses as defined in the Zoning Ordinance of the City of Wylie. 4.03 Community Retail District(CR): Tract C-2 in Parcel 2 is to be developed in accordance with the development standards as defined in Article 4 -Nonresidential District Regulations, Section 4.1 Village Center Nonresidential.Districts,D_Community Retail (CR),Figure 4-2 - Community Retail District(CR)in the Zoning Ordinance of the City of Wylie_ 4.04 Commercial Corridor District(CC): Tract C-1 in Parcel 1 is to be developed in_accordance with the development standards as defined in Article 4 -Nonresidential District Regulations, Section 4.2 Business Districts, B. Commercial CorridorDistrict(CC),Figure 4-4 - Commercial Corridor District (CC)in the Zoning Ordinance of the City of Wylie. 4.05 Nonresidential Design Standards: The Section 4.4 Nonresidential Design Standards shall apply to the commercial development within the Planned development District in the Community Retail(CR) and the Commercial Corridor District (CC) classification with the following revisions: a. Figure 4-6 Site Design Requirements: (i) The total number of land design points for buildings 20,000 square feet and under- 60 Points Required. (ii) The total number of land design points for buildings from 20,001 to 40,000 square feet- 40 Points Required. (iii) The total number of land design points required for buildings over 40,001 square feet- 20 Points Required. b. Figure 4-7 Landscaping Point Requirements: (i) Landscaping in Required Yards for buildings less than 40,000 square feet shall be 15% of the site. (ii)Landscaping in Required Yards for buildings over 40,000 square feet shall be 10%of the site. (iii) The total number of landscaping points required for any commercial building- 25 Points Required. 4.06 Parking_Design Requirements: The parking for commercial development shall be designed in accordance with the following: (i) Each parking space shall be 9 feet in width and 18 feet in depth. (ii) The aisle width for all parking shall be 24 feet. 5.0 PLANNED DEVELOPMENT- GENERAL CONDITIONS 5.01 Conformance to the Wylie Zonina Ordinance: Except as amended herein,this Planned Development shall conform to any and all applicable articles and sections of the City of Wylie Zoning Ordinance dated February 27, 2002. 5.02 Procedures of the Planned Development District: a. Zoning Exhibit: A zoning exhibit is hereby attached and made a part of the approval for this Planned Development District. This zoning exhibit,indicated as Exhibit "A" sets forth an overall property boundary description,and the designation of each zoning tract,identified by a number which corresponds to the tracts defined in this Exhibit "C" Planned Development District Development Standards. b. Conceptual Plan: (i) The Conceptual Plan is hereby attached and made a part of the approval for the Planned Development District as Exhibit `B". c_ Development Plan: (ii) Prior to any development under this approved Planned Development District, a development plan for each phase must be submitted to the City of Wylie for approval The development plan shall suffice as the preliminary plat for the residential single family tracts or districts_ The development plan shall suffice as the site plan for nonresidential tracts or districts. The development plan shall be approved by the Planning and Zoning.Commission and the City Council prior to the issuance of any building permit for construction. (iii) In the event of a conflict between the development standards and a development plan,the development standards shall apply. 5.03 General Compliance:Except as amended by these conditions,development of property within this Planned Development must comply with the requirements of all ordinances, rules and regulations of the City of Wylie as they presently exist. 5.04 Street Requirements: : (i) The street shown on the Conceptual Plan as Exhibit`B"attached hereto as a Secondary Collector shall be developed as a Secondary Collector Type C with a 100 foot right-of-way with 4 lanes of pavement(2 lanes at 25 feet back to back of curb). (ii) The street shown on the Conceptual Plan as Exhibit `B"attached hereto as a Collector shall be developed as a Collector Type D with a 60 foot right-of-way with a 2.5 foot wide easement adjacent to the right-of-way for utilities with a pavement width of 38 feet back to back of curb. (iii) All residential streets shall be developed as Residential Type E with a right-of-way of 50 feet with a pavement width of 31 feet back to back of curb. (iv) The minimum centerline radius for a Secondary Collector Type C shall be 1,000 feet, a Collector Type D shall be 350 feet and a Residential Type E shall be 150 feet. 5.05 Alleys: (i) The use of alleys shall be at the discretion of the developer and shall be shown on the development plan or preliminary plat. (ii) The right-of-way width of an alley may be reduced to fifteen(15)feet when there is a five(5)foot wide easement in the rear or side yard of a lot adjacent to an alley. 5.06 Hiking and Jogging_Trail Along Secondary Collectors,Collectors and Residential Streets: (i) An eight(8)foot wide concrete hiking and jogging trail may be constructed on one(1) side of any major thoroughhfare, secondary thoroughfare and selected residential street in lieu of sidewalks on both sides of the designated streets_ The use of residential streets shall be limited to those streets needed to provide a continuous trail system link from a secondary collector or collector to an open space or park area. In order to provide for a meandering trail,the pavement for any thoroughfare or residential street shall be allowed to be offset a maximum of five(5)feet from the center of the right-of-way to provide for additional parkway on one(1)side of the designated street for the construction of the meandering trail. 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'"A.--t' ?.:'1 ' . • • I • f __, _ . .__, ._ . ._ ,_, .. „_ \ ----- . ,..„.. .__. .., ss , ... , - LOCATION MAP ZONING CASE #2002-1 8 NOTIFICATION REPORT APPLICAN1 Herzog Development Corporation APPLICATION FILE #2002-18 9696 Skillman Street, Suite 210 Dallas, Texas 75243 # 3LK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Don Herzog 9696 Skillman Street, Suite 210 1 Herzog Development Corporation Dallas,Texas 75243 Regency B.P #2 PO Box 51676 2 Blk C Lot 36 R-2208-00C-0360-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 3523 Hillridge 3 BIk C 37 R-2208-00C-0370-1 Joseph Earl Willis Plano,Tx 75074 Regency B.P #2 Affordable Boats 2802 Capital St 4 Blk C 38 R-2208-00C-0380-1 c/o Jim Lewis Wylie,Tx 75098-7002 Regency B.P #2 17888 Fm 2755 5 BIk C 39 R-2208-00C-0390-1 Michael R Sargent Lavon,Tx 75166-1906 Regency B.P #2 PO Box 460897 6 Blk C 40 R-2208-00C-0400-1 M L Johnson &Associates Garland, Tx 75046-0897 Regency B.P #2 PO Box 460897 7 Blk C 41 R-2208-00C-0410-1 M L Johnson &Associates Garland,Tx 75046-0897 Regency B.P #2 PO Box 51676 8 BIk C 42 R-2208-00C-0420-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 1 105 E Plano Pkwy Ste 3 9 BIk C 43 R-2208-00C-0430-1 Plumlee Real Estate Plano,Tx 75074-8585 Regency B.P #2 PO Box 51676 10 BIk C 44 R-2208-00C-0440-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 PO Box 51676 11 BIk D Lot 3 R-2208-00D-0030-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 PO Box 51676 12 Blk D 4 R-2208-00D-0040-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 PO Box 51676 13 BIk E Lot 1 R-2208-00E-0010-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 2812 Exchange St 14 BIk E 2 R-2208-00E-0020-1 Scobilt Contractors Inc Wylie,Tx 75098-7006 Regency B.P #2 605 S Sherman St Ste 705G 15 Blk E 3 R-2208-00E-0030-1 Nina Hayes Cleaning Service Inc Richardson,Tx 75081-4046 Regency B.P #2 4200 Mclean Rd 16 Blk E 4 R-2208-00E-0040-1 Rinehold Ltd Fort Worth,Tx 761 1 7-1 006 Regency B.P #2 1218 Edgewood Ln 17 Blk E 5 R-2208-00E-0050-1 Gregg Moseman Allen, Tx 75013 Regency B.P #2 PO Box 51676 18 BIk E 6 R-2208-00E-0060-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 PO Box 51676 19 BIk E 7 R-2208-00E-0070-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 PO Box 51676 20 Blk E 8 R-2208-00E-0080-1 John P Pennington Amarillo,Tx 79159-1676 Regency B.P #2 PO Box 51676 21 BIk E 9 R-2208-00E-0090-1 John P Pennington Amarillo,Tx 79159-1676 Hooper B.Park 103 Security Ct 22 BIk A Lot 1 R R-2589-00A-001 R-1 Clark Family LP #2 Wylie,Tx 75098-4943 103 Security Ct 23 Blk A 7 R-2589-00A-0070-1 Clark Family LP #2 Wylie,Tx 75098-4943 2902 Carlisle St Ste 200 24 BIk A 8 R-2589-00A-0080-1 Lyons Equities Inc Dallas,Tx 75204-1013 2902 Carlisle St Ste 200 25 Blk A 9 R-2589-00A-0090-i Lyons Equities Inc Dallas,Tx 75204-1013 2902 Carlisle St Ste 200 26 Blk A 10 R-2589-00A-0100-1 Lyons Equities Inc Dallas,Tx 75204-1013 2902 Carlisle St Ste 200 27 BIk A 11 R-2589-00A-0110-1 Lyons Equities Inc Dallas,Tx 75204-1013 P Parker Addn O Box 307 / �/ 28 BIk A Lot 1 R-4602-00A-0010-1 Richard Parker Wylie,Tx 75098-0307 B C Wood PO Box 1042 29 Abst. 196 Tract 2 R-6196-000-0020-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042 1001 S Ballard Ave 30 Abst. 196 Tract 6 R-6196-000-0060-1 Wylie ISD Wylie,Tx 75098-4177 1001 S Ballard Ave 31 Abst. 193 Tract 2 R-6193-000-0020-1 Wylie ISD Wylie,Tx 75098-4177 Oncor Electric Delivery Company PO Box 219071 32 Abst. 193 Tract 3 R-6193-000-0030-1 State &Local Tax Department Dallas, 71 21- 2000 N 08 33 Abst. 193 Tract 17 R-6193-000-0170-1 City Of Wylie Wylie,Tx 75098-6043 2000 N Highway 78 34 Abst. 193 Tract 4 R-6193-000-0040-1 City Of Wylie Wylie,Tx 75098-6043 N Highway 78 35 Abst. 193 Tract 5 R-6193-000-0050-1 City Of Wylie Wylie,Tx 75098-6043 3300 N Highway 78 36 Abst. 193 Tract 7 R-6193-000-0070-1 Mon Wayne Hensley Wylie,Tx 75098-6069 200 Hensley Ln 37 Abst. 193 Tract 10 R-6193-000-0100-1 Worth M Speed Wylie,Tx 75098-4902 2 Rue Du Lac St 38 Abst. 351 Tract 13 R-6351-000-0130-1 J L Brand Jr &D Green Dallas, Tx 75230 30-2L 34 10239 Abst. 438 Tract 11 R-6438-000-0110-1 Wayne Rich Wylie, Tx 75098-4900 108 Hensley Ln 40 Abst.438 Tract 6 R-6438-000-0060-1 Norlan Van Cleve Wylie, Tx 75098-4900 200 Hensley Ln 41 Abst.438 Tract 14 R-6438-000-0140-1 Worth M Speed Wylie, Tx 75098-4902 Ingram lona H 5220 Spring Valley Rd Ste 500 42 Abst. 835 Tract 2 R-6835-000-0020-1 c/o G H Kelsoe Dallas, Tx 75254-2466 B C Wood PO Box 1042 / 43 Abst. 835 Tract 17 R-6835-000-0170-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042 932 Hooper Rd 44 Abst. 835 Tract 18 R-6835-000-0180-1 Timothy R Johnson Wylie,Tx 75098-7046 PO Box 51676 45 Abst. 835 Tract 39 R-6835-000-0390-1 John P Pennington Amarillo,Tx 79159-1676 Oncor Electric Delivery Company PO Box 219071 46 Abst. 835 Tract 41 R-6835-000-0410-1 State &Local Tax Department Dallas,Tx 75221-9071 PO Box 51676 47 Abst. 835 Tract 16 R-6835-000-0160-1 John P Pennington Amarillo,Tx 79159-1676 Oncor Electric Delivery Company PO Box 219071 48 Abst. 849 Tract 41 R-6849-000-0410-1 State &Local Tax Department Dallas,Tx 75221-9071 1819 Blake Dr 49 Abst. 703 Tract 10 R-6703-000-0100-1 Conrad Boyer Richardson,Tx 75081-2603 331 Hooper Rd 50 Abst. 703 Tract 3 R-6703-000-0030-1 George Allen Ross Wylie, Tx 75098-7035 PSC 76 51 Abst. 703 Tract 2 R-6703-000-0020-1 Tom'Kathleen Silsbee APO,AE 09720-0076 Oncor Electric Delivery Company PO Box 219071 52 Abst. 703 Tract 4 R-6703-000-0040-1 State&Local Tax Department Dallas,Tx 75221-9071 PO Box 546 53 Abst. 703 Tract 5 R-6703-000-0050-1 Birmingham Land Trust Wylie,Tx 75098-0546 PO Box 546 54 Abst. 703 Tract 6 R-6703-000-0060-1 Birmingham Land Trust Wylie,Tx 75098-0546 Oncor Electric Delivery Company PO Box 219071 55 Abst. 703 Tract 9 R-6703-000-0090-1 State &Local Tax Department Dallas,Tx 75221-9071 PO Box 1042 I56 Abst. 703 Tract 7 R-6703-000-0070-1 Ida Pearl Scholz Wylie,Tx 75098-1042 / B C Wood PO Box 1042 V 57 Abst. 703 Tract 8 R-6703-000-0080-1 c/o Ida Pearl Scholz Wylie,Tx 75098-1042 B C Wood PO Box 1042 58 Abst. 1061 Tract 1 R-7061-000-0010-1 c/o Ida Pearl Scholz Wylie, Tx 75098-1042 PO Box 1042 V 59 Abst. 1061 Tract 3 R-7061-000-0030-1 Ida Pearl Scholz Wylie,Tx 75098-1042 / PO Box 1042 v 60 Abst. 1061 Tract 4 R-7061-000-0040-1 Ida Pearl Scholz Wylie, Tx 75098-1042 PO Box 1042 f61 Abst. 1061 Tract 6 R-7061-000-0060-1 Ronald Scholz Wylie,Tx 75098-1042 4131 Skyview Dr 62 Abst. 1061 Tract 8 R-7061-000-0080-1 Henry Garland Wylie,Tx 75098-5791 r PO Box 307 V 63 Abst. 1061 Tract 10 R-7061-000-0100-1 Richard Parker Wylie,Tx 75098-0307 Collin County 210 S. McDonald Street 64 FM 544 Commissioner's Court McKinney, Texas 75069 P.O. Box 66016 65 Dart Railroad DART Railway Company Dallas,Texas 75266 COL _ I 00 — I r )( , h -1 lT�/ .4_sv ro ‘c7). — I e",/-- cib of *I-1.1' cl >1' II -ILL J 03_ _ ' tarHr. clf.. >y �'i sta}.t .# re.'t 'w<y e,,F,, I I q-t L1 y SSTf4-:,..f L �. Y -; as� P i�1 .M �. M r x y II) r a�$h t Y a^�• F e -. r �',� �JJ ern.. } t�'�T>et�^- j ,,T^'Y]n .k '(/I�� �7�0 M �r -r C< aF rw liT `I'�f sTa �Ia`I-..,z4 a W 9t ''t;�xlx i''.i ''N ei'F + �15 '.,, .�,. �� J;. r T'Q x .1 a"u etT f , M.4'qr. SI y1 , .Z ?ed^ F ,c K b t .sr +3 ' xYr '-:.TS' �g } Jt „,,// xx Y t L hl k r ?4 ya a.+a- � ."1 (+4 1�3 _;tF ��� :��.f�� f-r 4 t r l f � p� �J T } j 2 � _ -1 la��c�d� 3> iT a Q w yo� x 7 " { s "4'Il 3c '3 "+1'. a .t{}^y.': x 'fi tz ;;e r S C IeoJOd rjw'� u.,4` {:. i.. 1 [ ,;,� i4;'a r'°'�'lzvY ro'� �'.1-6 5y,1 ,'{iA' , _� L i , �� !:I 1•to 9 .s a ' y ...� 4,x'a*.• ,x p i '`� i z '� r . c mi a'�3 i •,: L ,',•. L F� V ;: 'C . L a J t',7:. 4 Pf.4. '1`-- s:- {.+ y i y,�Si'f T.-, w '" s t (/�rP �`I'//' V\ r C i.. A r C G4 L41 -�iS .y f s}S � 3'C ,.''y'.. y, �'� .V Y.�.L��J ii *� ATin �� ;\;; ;sip 'c;wAl! \1 •, 1" .s , �zf' ./ . a S�8 • b�iAl -ai{� 10uoy3xd — — �1 ▪ PF ' ,ter,. • ,` _ �: cu w '� r,c r Y bi.a L ,# ,, . -'- 1 L o , ; r IA '" ,,,,'3 .6r I I :+ -GAT 44:”et l , OI-7,OV ,- ___� l I L , y 1f4a 'jam.;S-, ro., -,,,:, aa15 -nr‘l I • } aJ1t�d L oob qat "= aka". . > - _ J u . - r I 4- -✓ - -, .,jV. us� r n un3a _ /40' fS° fr I (p r I I I I I • .y,. r`i K r Y L ,1 ON t 1 V� IN - __ — Jti_,+1 bh8d ' r-^'37I-Arod v PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-18. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: - 1(�l7L,7 1617 � (please1p nt) / Address: /-��C' r / �,k1 /C(/� Signature: T r 0-4,1 ' Date: I //I/ ()� COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-18. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 73 North,Wylie,Texas Name: e(-2,/e6/ /� ��1��'l� C �C�c�/ (please t �-j� / Address: C) ' �`%e) /C er,Z Signature: L ji I>da- .tyG Date: v /////,h?} COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-18. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 4,, (please pri t) Address: . f7x 3 07 Signature: Date: /O�Z?/10-1---. COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-18. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: \\oJ4 t 4 A e . it‘..o 7— (Rleass print) Address: . 1 ►Q , `( 0*.. t 0 :)--`-- • t. e_I -r-, 5 r7 -.---6)eie Signature: 1<1- "l • /r'es`-) Date: L `( "-Q —J COMMENTS: PUBLIC COMMENT FORM Q, (Please type or use black ink) Department of Planning 2000 Highway 78 North ; (;() Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-18. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: N RI.1\r, \r (\N C_:[1=\i 1 . (please�c,jrint)f I Address: I J� 1.t 1E\ l_ y (A to t- Signature: �)\. _... �' KA Date: 1 I - ` 7 COMMENTS: Nov 19 02 10: 03a Dna-Mist 972-509-0156 p. 1 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 7 098 • I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-18. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: -Tana14 Tit)lelA I e. •e ! /Ll dltre.E Rea--( (please print) ` Address: l J 0 5 & Piano ?a rk ki cut-{, 1 Sol le A.rr ?C `7 50-7 4 d c"-Pi Signature: z Date: /0/01.- COMMENTS: Page 1 of 1 • Claude Thompson From: "George Ross" <ispsales@flash.net> To: <cthompson@ci.wylie.tx.us> Cc: <Iprice@ci.wylie.tx.us> Sent: Tuesday, November 19, 2002 1:05 PM Subject: Public feedback on Hooper Zoning... Mr. Thompson, Since I am in Kansas City, I am unable to be at the meeting tonight (11/19/02), so I am submitting my comments via e-mail. Please consider this e-mail as my signature on the Public Comment Form for Planning Case #2002-18. My 13 year old may be present to read it to the board for credit for one of his merit badges. Will he need to have copies to hand out to the members, or will this be distributed to the members before the meeting? Regards, George Ross 214-734-4274 V c30 11/19/2002 Zoning Case#2002-18 George Ross 331 Hooper Road Wylie, TX 75098 1) I support the Planned Development on Parcels 1, 2 and 3 2) I support the decisions and guidance of the City Planning and Zoning Department. 3) I purpose that the developer pursue and develop the land west of the south third of Parcel 1, to the east edge of my property, or perhaps to the creek. I (George Ross)would like to see the creek contained in hydro-conduit, from Hooper Road to the power-lines, and fill-dirt used to increase commercial sq. footage, on both sides of the creek. 4) I purpose that the city include the northern part of the creek in Parcel 2, all the way to FM-544, as a Green Area(hike-bike trail) in future planning (obtain easement). This is to tie into a Green Area that the developer may be proposing, and connect to the high shool. 5) I support my neighbor(south of Hensley Lane) need (if any) for retaining walls (fill-dirt or other methods) to prevent erosion of the south end of their properties, as the developer may have plans to tie into another development south of neighbor via Hooper Road path. Take advantage of equip. and fill materials while they are onsite. City of Wylie rillPublic Hearing/Agenda Items/Citizens Participation Form City of Wytle Date of Planning& Zoning Meetin : / ?�lHper Case Name//�Number:Name:��Qr S / /�� Address: tom(() rc/ Please►nclude Cy/State/Zip if yo are not a Wylie Resident. Phone Number: 77 "</r,2 9^S9 9/ E-Mail: Do you represent a group or organization?If so, please provide the following: Name of group/organization: Mailing Address: City/State/Zip E-Mail Address: Phone Number: When addressing the Commission,you will be asked to state your name and address for our records. We ask that you please limit your comments to 3 minutes. Thank you for your interest. I wish g d h � or Number(s): Additional Comment • 4 'n �`i r2 /- T 1 20 ,' e o'Q) • oil %yor / 4, & Ua vQ o .r,7 %°O,, n 7ixP way ii�Q Ks 5 lou i'� pfr , se / G(v u p a rrr IF/n %/ a�fPr t e 137e fa I- ! 1-e CI/P�/t / a/ ,P-li�,s ?OS/ rPi y pro i�v.�II/ ?tide ss,6// aockii:-eA rn v pr per1/, % chrly ,6 e.,/,'/,i, �Ae., 3 fardtbil s 1 I/4L. hG,.S rj out(' tocJe / accom o a 7'ite- l c�// S / LL 2_� -£ -- �w► C�-e r n 2C' � i� � � 1 l / r i� h M;e-[ 1 L to of j ( jo C vrt o rnn f • • • PUBLIC COMMENT FORM (Please type or use black ink) • Department of Planning 2000 Highway 78 North Wylie,Texas 75098 • I am FOR the requested zoning as explained on the attached public notice for Zoning Case / . #2002-18., v I am AGAINST the requested zoning as explained on the attached public notice Case#2002-18. of ce for Zoning • .. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19,2002, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&'I'ime of City Council meeting: Tuesday,December 10, 2002,6:00 pm Municipal Complex,2000 Highway 73 North,Wylie,Texas Name: Joanne. Mi I ! F�2_ (please print) Address: . 33 H-ey161 eL LY) Lt/ylie Signature: Date: /.Z/L3/O z_ COMMENTS: 1 homes 4eec1 i A xffuld r 11a1�uc �- size -74) E is ,9 hams s /4®&.R.:14t»Pd3 04,e,Id fref/JP40mcr(;+h 717C4 gi� � e z Rel e k ,be ainpeadee v J o44 55�� 7E1 &ii-4 (Vni s;dezcho.. a.)41,1a be a- 11,.-4, hares ,a y 6 sd44441. 64. ode. Ike 4.0 ova_ fZaie4. as tv,Q1 the f i,, x a' c f GvtGf eieeas e O die /'61e- d,:4y. ‘-)-1 4 s k 41141- a'1CRm d2t i,zs Roc ,4ie wSe2 710 %I'1u 4 �ieeC pie. any Ste/Lc- „, /.cO 1,„ L ,,,,, .� 144.4fie' 0., a Ic1DD 5y- �f. !moo Gl 6pRodate e PIA/1A egl le.1/1 eY1 C;YLA,d4 chAAA/;14. /3 q4f/6ns a o vi2 ash Jk e wig . Cc).e. nQcv �l aad � (� ., ^ . �,,G ch� eo v.e.2�c.� W/ y S K li.1 "9 Qau -e ,e -F,n u�.s �a .� e b u<�d e�s fh Can e. cv� ��. ALA a-� '� /Y1 ��'`�-ems --�e s e homes . ��� �- Gym Ode()Lind o�2 . CSC n e e -Nod P1�n P� goads `�" k d1�riP_S Gc1c11,Q � �GL�Gcit,( n � �o . m�e2 e.r -14‘-`Q- . o loC my)ese PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2002-18. / I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2002-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 19, 2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, December 10,2002,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: "a)-ajd M1/(er- (please print) Address: . 3 3 z¢ e-,Ais (,e7 L Gib" /x 75718 Signature: /24 Date: /y03/ o a-- COMMENTS: L Q - IC.A, a-O Gl V•.•9l Q. 3•'j e le "71.4StL4J cr 3. illQ.✓18l 4{/ a rtn. ry1.el"- .c%t 14.1f r r of A p/4e Ail 612.,` 6(`Yt 4A,CS 4.rea ei")1Aar . As a. Co•».rt2^m.1'a— tress b/ AW hof e-y 4 t. � dlt�- ,r. ".. �rih;fi•/ rat.o.i6t/r -,� +t It� h� wor le. a.a,. a.la . 7 �. et..'n,r f.. a n r .�'.,dra5 i�i'c� .f tAis Q."4 !� 11Ensl4a. La. J / U teas 1 cvk.7�.r ea.,' op.. . 8Ei,J C, Di V4n6-D inrr0 / ..p&-- g/I,N L4Kr (.3 A- m4.'oR C0ey 7ti A2' a Vic- /CE5 t E`nt i7 / �/ 7zd s WYLIE CITY COUNCIL AGENDA ITEM NO. Co . December 10, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning to amend the Conditions for Development of Bozeman Farms Planned Development District(PD 2002-21)for Single-Family Residential and Village Center Mixed Uses to allow Day Care uses within the.Single-Family Residential areas without SUP approval and to eliminate the front garage offset from the facade of house. PD 2002-21 is a 475.80 acre tract generally located south of Stone.Road and east of FM 544, (Zoning Case 2002-19) Background The applicant is requesting a revision to the existing Planned Development District (PD 2002-21) for Bozeman Farm Estates. This proposed amendments the Conditions for the Planned Development District to amend the Single-Family Residential ia_l requirements to eliminatethe front garag.• offset and to allow Day Care uses without Specific Use Permits. No other changes are being made to the Development Plan or Conditions of Development. The original 470 acre Bozeman Farm Estates Planned Development was created by PD 2001-51 in December of 2001. The PD was amended as PD 2002-21 in July of 2002 in order to add 5.8 acres to the Development Plan and amend the Conditions of Development to allow the DevelopmentPlanto serve as a preliminary plat for each future phase of the development. The original Planned Development District permits a variety of single-family lot sizes(6,000,7,500 and 8,500 square feet)without alleys, approximately 250 multi-family apartments, a convenience retail center, and a school or YMCA site_ These varied use areas and neighborhoods are connected by wide boulevards and extensive open spaces for trail linkages, complimenting the several isolated developable tracts separated by undevelopable terrain and major utility easements. The proposed revisions maintain the earlier Planned Development District requirements substantially as adopted, except for the following_changes to the Conditions of Development: A. Section V.ii.22. has been added to permit Day Care facilities without a Specific Use Permit in Single- family residential areas on lots of one(1) acre or larger; and B. Section Vl.iii.5.has been revised to garages facing the street to be flush with no offset from the front of the house for twenty-five percent(25%4 of Type"A"lots with houses of 2,000 square feet or larger. Public Comment Forms were mailed to eighteen(18)property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Section III of the PD Conditions of Development required that all regulations providing for a Village Center District as set forth in Section 3.3 Village Residential District of the current Zoning Ordinance chall apply except as specifies within the PD_ The Zoning Ordinance permits Day Care Facilities within all residential districts only with an approved Specific Use Permit. The proposed revision to the PD will allow.Day Care'ices by right on residential lots of one acre and larger within the PD. 2. Section VI.iii.5 of the PD Conditions of Development required attached or detached garages which face the street to be constructed a minimum of five feet behind the front of the house. This provision is consistent with the 5 foot setback of the Suburban Residential and the one foot setback of the Village Residential requirements of the Zoning Ordinance_ The proposed revision to the PD will allow garages which face the street to be flush with the front facade of the house for houses of 2,000 square feet or larger on 25% of Type"A"lots_ All other garages will be set back the distance required by the Zoning Ordinance for lots of that size. Board/Commission Recommendation At the December 3, 2002 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the proposed amended Planned Development district zoning change. Staff Recommendation Approval. The proposed revisions do not significantly modify the Development Plan and Conditions of Development earlier approved by the Council. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Ordinance with Conditions for the Planned Development District and Development Plan Location Map Notification List 0111.4 Prepared by Reviewed by Finance City ��� 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, ZONING CASE NUMBER 2002-19 TO PLANNED DEVELOPMENT (PD) 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 "It"and"C"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 ofthe City not in conflict with the provisions ofthis ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive.Zoning_ Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance,as the same now exists or is hereafter amended. SECTION 5. Should any paragraph,sentence, subdivision,clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 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 , 2002. By John Mondy,Mayor ATTEST: Barbara Salinas, City Secretary Exhibit"A" Legal Description ZC#2002-19 BEING a 475.80 acre tract of land situated in Collin County,Texas and being a part of the J.G. Jouett Survey,Abstract No. 475,the Allen Atterberry Survey,Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and being part of those certain tracts of land conveyed to Joanne Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in Collin County Clerk's File Number 95-0005771 and beingpart of those certain tracts of land described in deed to George S. Richards as recorded in Volume 775, Page 55, Deed Records, Collin County, Texas and being all of a called 1.00 acre tract of land described in deed to F.D.Feagin et ux,of record in Volume 914, Page 697, said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in deed to Jimmie Jane Feagin of record in Volume 775,Page 58,said Deed Records, and being a part of a called 2.10 acre tract described in deed to F.D. Feagin et ux, recorded in Volume 757, Page 824, said Deed Records and being all of that certain.tract of land described in deed to Edwina Collins Cook as recorded in Coffin County Clerk's File No. 93-0039237, and being all that certain tract of land described in Quitclaim Deed to Silas M.Hart and Charlene IL Hart,a called 69..25 acre tract of land as recorded in Coffin County Clerk's File No. 96-0091287 and being all of that certain 5.791 acre tract of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No_93-0039230, said 475.80 tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the centerline intersection of Beaver Creek Road and Fox Hollow, said rod being an angle point in the West line of BEAVER CREEK ESTATES, SECTION ONE, an addition to Collin County, Texas; THENCE, North 86°24'36"West, with the centerline of said Beaver Creek Road, a distance of 937.39 feet to a 1/2 inch iron rod set for corner; THENCE,North 89°14'31"West, a distance of 991.62 feet to al/2.inch iron rod set for corner in the City of Dallas take line(Lake Ray Hubbard), from which a City of Dallas concrete monument bears South 18°18'59"West,a distance of 21.54 feet; THENCE, along said take line the following calls: North 18°06'55"East, a distance of 271.42 feet to a 1/2 inch iron rod set for corner; North 43°15'40"West, a distance of 377.24 feet to a 1/2 inch iron rod set for corner; South 63°02'34"West,a distance of 399.88 feet to a City of Dallas concrete monument found for comer; South 43°54'58"East,a distance of 281.99 feet to a City of Dallas concrete monument found for corner; South 21°32'32"West,a distance of 152.62 feet to a 1/2 inch iron rod set for corner in the centerline of said Beaver Creek.Road; THENCE,North 80°52'29"West, a distance of 36.36 feet to a point in said road; THENCE,North 51°28'20"West,a distance of 576.35 feet to a 1/2 inch iron rod set at the centerline intersection of said Beaver Creek and Troy Road; THENCE,North 01°41'22."East,a distance of 159.27 feet to a point in Troy Road; THENCE,North O1°09'54"West, a distance of 171.46 feet to a point in Troy Road; THENCE,North 06°15'10"West,a distance of 71.55 feet to a 1/2 inch iron rod set for corner in Troy Road and West line of aforesaid J.G. Jouett Survey, said rod being the Northeast corner of J.D. Shelby Survey,Abstract No. 819 and the Southeast corner of aforesaid Aaron West Survey; THENCE,North 89°07'04"West, with the common line of said J.D. Shelby Survey and said Aaron West Survey, a distance of 1048.38 feet to a 5/8 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in Deed to Billy Ray Burdine, recorded in Volume 825, Page 240, Deed Records, Collin County, Texas; THENCE,North 00°23'11"Fast, a distance of 546.44 feet to a 1/2 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in deed to Jack M. Hankey, recorded in Volume 3394, Page 60, said Deed Records; THENCE,North 00°22'53"West, a distance of 693.82 feet to an old barbed wire fence corner post for corner, being the northeast corner of a tract of land described in deed to Jack M. Hankey as recorded in Volume 3394, Page 60 of the Deed Records of Collin County, Texas; THENCE,North 88°35'09" West,along the north line of said Hankey tract,a distance of 1578.94 feet to a 1/2 inch iron rod set for corner, being the northwest corner of a tract of land described in deed to Julie Littlejohn as recorded in Volume 3794,Page 267 of the Deed Records of Collin County, Texas; THENCE, South 02°52'23"West, along the west lines of said Littlejohn and Hankey tracts,passing a 1/2 inch iron rod set at 180.18 feet for the most southerly southeast corner of said Cook tract and continuing in all a total distance of 313.37 feet to a 60-D nail set in a gravel road; THENCE,North 89°02'27"West, along the centerline of said gravel road,a distance of 347.09 feet to a 60-D nail found for corner; THENCE, North 01°39'30"East,passing a 1/2 inch iron rod set at 127.26 feet for the most southerly southwest corner of said Cook tract and continuing in all a total distance of 655.44 feet to an iron fence post for corner,being the northeast corner of a tract of land described in deed to Clyde Parker as recorded in Collin County Clerk's File No. 2000-0037949; THENCE,North 86°45'13" West, along the north line of said Parker tract,a distance of 190.31 feet to an iron fence post for corner; THENCE, North 01°47'34" East,along the east line of a called 3.99 acre tract of land conveyed to John Rice Housewright,et a1, a distance of 122.06 feet to an iron fence post for corner; THENCE,North 89°26'18" West, along the north line of said Housewright tract, a distance of 464.39 feet to a 112 iron rod set for corner on the east right-of-way line of said F.M. 544; THENCE,North 02°12'16" West, along the east right-of-way line of said F.M. 544, a distance of 338.03 feet to a 112 inch rod set on the east right-of-way line of F.NL 544,being the most westerly northwest corner of said Cook tract and the southwest corner of a called 4.86 acre tract of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039229; THENCE, South 89°13'54" East, along the south line of said 4.86 acre tract, a distance of 484.40 feet to a 3/8 inch iron rod found for corner,being the southeast corner of said 4.86 acre tract; THENCE,North 00°59'21" East, a distance of 169.93 feet to a 1/2 inch iron rod set for corner on the east line of said 4.86 tract and the south line of a said 5.791 acre tract of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039230; THENCE, with the east line of said 4.86 acre tract North 04°29'02" West,a distance of 258.81 feet to the northeast corner of said 4.86 acre tract, being common with the northwest corner of said 5.791 acre tract; THENCE, North 89°10'37"West,a distance of 196 62 feet to a 1/2"iron rod found for corner; THENCE,North 02°12'16"West, a distance of 405.16 feet to a 1/2"iron rod found for corner; THENCE, South 87°47'44"West,a distance of 286.58 feet to a 1/2"iron rod found for corner; THENCE,North 02°12'16"West, a distance of 457.87 feet to a 3/8"iron rod found on the east right-of- way line of F.M. 544,being the northwest corner of a called 1.00 acre tract described in deed to F.D. Feagin, as recorded in Volume 914, Page 697, said Deed Records; THENCE,North 87°49'07"East,along the north line of said 1.00 acre tract,a distance of 185.30 feet to a 3/8"iron rod found for the northeast corner thereof; THENCE, South 02°10'53"East,along the east line of said 1.00 acre tract,a distance of 4.05 feet to a 1/2"iron rod found for corner, being the northwest corner of said Feagin Tract No. 1; THENCE,North 87°49'07"East,along the north line of said Tract Not,a distance of 627.25 feet to a fence post for corner,being at an angle point in the west line of said Richards tract; THENCE,North 01°06'35"East,along the east line of said Richards tract,a distance of 297.26 feet to a 1/2"iron rod found for corner, being the southwest corner of a called 1.00 acre tract described in deed to David L. Tyler and wife,Esther M. Tyler as recorded in Collin County Clerks File No. 95-0082463; THENCE, South 88°37'42"East, along the south line of said Tyler tract, a distance of 149.61 feet to a 1/2"iron rod found for corner; THENCE, North 01°02'04"East, along the east line of said Tyler tract, a distance of 290.67 feet to a point in the centerline of Stone Road,from which a 1/2"iron rod found for reference bears South O1°02'04"West, 32.15 feet; THENCE, South 88°59'21"East,along_the centerline of Stone.Road,came being the north line of said West Survey, a distance of 651.48 feet to a point for corner; THENCE, along centerline of a creek the following: South 16°27'39"East, a distance of 57.46 feet to a point for corner; South 47°11'43"East,a distance of 65.63 feet to a point for corner; South 43°36'17"East, a distance of 124.60 feet to a point for corner; South 29°18'38"East,a distance of 68.15 feet to a point for corner; THENCE, South 88°54'O1"East,leaving said creek, a distance of 99.06 feet to a point for corner in another branch of creek; THENCE, along centerline of said branch, the following: South 58°34'23"Fast,a distance of 104.07 feet to a point for corner; South 08°00'39"East, a distance of 161.84 feet to a point for corner; South 43°44'54"East,a distance of 53.83 feet to a point for corner; South 19°34'30"East, a distance of 31.24 feet to a point for corner; South 49°37'59"East,a distance of 27.57 feet to a point for corner; South 01°09'12"West, a distance of 22.25 feet to a point for corner; South 22°01'47"East,a distance of 48.57 feet to a point for corner; South 23°00'11"East, a distance of 95.60 feet to a point for corner; South 17°20'52"East,a distance of 60.80 feet to a point for corner; South 14°46'36"East, a distance of 63.07 feet to a point for corner; South 27°12'28"East,a distance of 50.89 feet to a point for corner, said point being the Northwest corner of called 106.92 acre tract as described as"IV"in aforesaid Executor's Deed; THENCE, South 88°42'41"East,along the North line of said called 106.92 acre tract and generally along a meandering barbed wire fence line, a distance of 2649.46 feet to a 1/2 inch iron rod set for corner,from which an old barbed wire fence corner post bears,North 00°43'01"West, a distance of 4.8 feet; THENCE,North 00°38'39"East, a distance of 877.52 feet to a 1/2 inch iron rod set,being the south line of Stone.Road,and the northeast corner of a tract of land described in deed to Raymond T. Baez as recorded in Volume 1024, Page 675, said Deed Records; THENCE, South-88°39'2Q"East, 1663.07 feet with south line of said Stone Road to a 1/2 inch iron rod set,being the northwest corner of a tract of land described in deed to David and Linda Jones as recorded in County Clerk File.No. 91-0069924, said Deed Records; THENCE, South 00°12'04"West, 1825.54 feet to a 1/2 inch iron rod set,being the easterly northeast corner of a tract of land described in deed to Birmingham Memorial Land,Trust as recorded in County Clerk File No. 97-0032430, said Deed Records; THENCE, South Q0°23'14"West, generally along a meanderingbarbed wire fence line in heavy brush, a distance of 2515.82 feet; THENCE, South 00°15'12"West,a distance of 404.43 feet to the POINT OF BEGINNING, containing 475.80 acres of land,more or less. Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Bozeman Farms Estates Zoning Case#2002-19 Planned Development Requirements: Statement of Purpose: The purpose of this Planned Development District is to permit the development of BOZEMAN FARMS ESTATES. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts and Section 4.1 Village Center Non-Residential Districts of the currently pending Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the currently pending Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. IV. Development Plan: Development shall be in conformance with the Development Plan attached herewith; however, in the event of conflict between the Development Plan and the written conditions of this ordinance, the written conditions shall apply. The Development Plan shall serve as a Preliminary Plat for each phase of future development. Site plans shall be submitted for review by the Planning and zoning Commission with the submission of final plats for all future multi-family residential and nonresidential development. V. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 1,350 S.F. Units. The gross area density of the Multi-family Dwelling Units shall not exceed 250 M.F.Units. The Planned Development shall not exceed an average gross density of 4.0 du/a. If the multi- family site is developed as single family then the gross area density of single-family units may be increased to 1,395 units. 2. Lot Mix: A maximum of 25%of the Single Family lots will not be less than 6,000 sf; a maximum of 35% of the Single Family lots will not be less than 7,500 sf; a minimum of 40%of the Single Family lots will be not less than 8,500 sf. For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Minimum Average Lot Area: The minimum average lot area shall not less than an average of 7,630 sf. 4. Alleys shall not be required as part of this Planned Development. 5. Distribution of the Single Family Dwelling Unit types (as specified in the following text; Type A, Type B, and Type C) shall be distributed within the development as shown on the Final Plat submitted with each phase. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 8,500 s.f. b. Lot Type`B": 7,500 s.f. c. Lot Type"C": 6,000 s.f. 2. Lot Width: The minimum permitted lot widths are: a. Lot Type"A": 70 feet b. Lot Type`B": 65 feet c. Lot Type"C": 50 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots are: a. Lot Type"A": 75 feet b. Lot Type`B": 70 feet c. Lot Type"C": 55 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type"A": 100 feet b. Lot Type`B": 100 feet c. Lot Type"C": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type"A": 120 feet b. Lot Type"B": 120 feet c. Lot Type"C": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted dwelling unit square footages are: a. Lot Type"A": 1,700 s.f. b. Lot Type`B": 1,700 s.f. c. Lot Type"C": 1,700 s.f. 7. Main Structure Front Yard: Front Yard Setbacks within each of the Lot Type Zones may be varied between 15 feet and 35 feet with the following percent of 15 foot setbacks being permitted within any single block: a. Lot Type"A": 50% (15 foot min.) b. Lot Type`B": 45% (15 foot min.) c. Lot Type"C": 35% (15 foot min.) 8. Main Structure Side Yard: The minimum permitted side yards are: a. Lot Type"A": 10% lot width(7.0 foot min.) b. Lot Type`B": 10% lot width(6.5 foot min.) c. Lot Type"C": 10% lot width(5.0 foot min.) 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type"A": 10% lot width (11.25 ft. min.) b. Lot Type`B": 10% lot width(10.5 ft. min.) c. Lot Type"C": 10%lot width(8.25 ft. min.) 10. Side Yard of Allowable Non-Residential Use: a. Lot Type"A": 30 feet b. Lot Type"B": 30 feet c. Lot Type"C": 30 feet 11. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type"A": 10% lot depth or 20 ft. b. Lot Type`B": 10%lot depth or 20 ft. c. Lot Type"C": 10% lot depth or 20 ft. This minimum rear yard is increased to 18 feet where applicable when a garage and drive face the rear yard, serviced by an alley(when alleys are provided). 12. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type"A": 30 feet b. Lot Type`B": 30 feet c. Lot Type"C": 30 feet 13. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 14. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 15. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth for all lot types. 16. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 17. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are: a. Lot Type"A": 10% lot width(7.5 ft. min.) b. Lot Type"B": 10% lot width(7.0 ft. min.) c. Lot Type"C": 10% lot width(5.5 ft. min.) 18. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 19. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed 15% of the lot area or 600 s.f. maximum. This does not limit amenity centers that are part of a single-family development. 20. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. iii. MF (Multi-Family District) 1. Lot Area: The minimum permitted lot area for multi-family development is 43,560 gross s.f. 2. Lot Width: The minimum permitted lot width for multi-family development is 100 feet (at property line). 3. Lot Width Corner Lots: N/A 4. Lot Depth: The minimum permitted lot depth for multi-family development is 150 feet. 5. Lot Depth of Double Front Lots: N/A 6. Minimum Dwelling Unit Square Footage: The minimum permitted dwelling unit square footage is: a. Efficiency 600 s.f. b. 1 Bedroom 750 s.f. c. 2 Bedroom 900 s.f. d. 3 Bedroom 1,000 s.f. 7. Maximum Density: The Maximum permitted density for multi-family is 15 units per gross acre of multi-family site area. 8. Main Structure Front Yard: The minimum permitted front yard for multi-family development is 30 feet from any property line. 9. Main Structure Side Yard: The minimum permitted side yard for multi-family development is 20 feet from any interior lot line. 10. Main Structure Side yard on Corner Lots: N/A 11. Side Yard of Allowable Non-Residential Use: N/A 12. Main Structure Rear Yard: N/A 13. Main Structure Rear Yard of Double Front Lots: N/A 14. Accessory Structure Front Yard: N/A 15. Accessory Structure Side Yard: N/A 16. Accessory Structure Rear Yard: N/A 17. Accessory Structure Rear Yard on Double Front Lots: N/A 18. Accessory Structure Side Yard on Corner Lots: N/A 19. Accessory Structure Minimum Distance From Main Building: The minimum permitted separation between the main structure and any accessory structure in a multi-family area is 5 feet. 20. Accessory Structure Building Area: The maximum permitted building area of accessory structures(excluding amenity centers and recreation buildings) is: a. Lots 2 acres or less 10% of lot area or 2500 sf maximum (whichever is less) b. Lots 2 acres or more 5% of lot area or 2500 sf maximum (whichever is less) 21. Main Structure Building Area: The maximum permitted building area for main structure is as approved on the final development plan. 22. Main Structure Height: The maximum permitted building height for multi-family structures shall not exceed 45 feet or 2 stories. 23. Accessory Building Height: The maximum permitted building height for accessory structures in a multi-family area shall not exceed 40 feet. 24. A building permit for construction of multi-family residential units shall not be issued until 50% of the single-family residential lots are developed. iv. The Village Center non-residential core of the Planned Development shall conform to CR(Community Retail) standards and permitted uses, except as amended below: 1. Height of Main Structure: The maximum permitted height of structures shall not exceed 45 feet. 2. Number of Stories: The maximum permitted number of stories shall not exceed 2 stories. 3. Residential Proximity: Building height in areas of residential proximity shall be limited by a 3:1 height to setback slope extending from the residential lot line. 4. Front Yard Setback: the minimum permitted front yard setback for non- residential structures is 25 feet. 5. Side Yard Setback: The minimum permitted side yard setback for non-residential structures is 10 feet. 6. Rear Yard Setback: The minimum permitted rear yard for non-residential structures is 10 feet. 7. Lot Coverage: The maximum permitted lot coverage for non-residential development is 50% of gross area. 8. Non-residential Use Adjacent to Single Family: Where non-residential uses are adjacent to a single family lot line with no intervening flood plain, common area, gas easement,power line easement,or open space;the side and rear yards shall be doubled. With landscape screening this setback can be reduced to 10 feet. 9. Non-residential Use Adjacent to Multi-family: Where non-residential uses are adjacent to a multi-family lot line with no intervening flood plain, common area, or open space; the side and rear yards shall be a minimum of 20 feet. With landscape screening this setback can be reduced to 5 feet from the landscape screen line. 10. Service and Loading Areas: Service and loading areas within a non-residential area shall not be visible from the public street or adjacent residential uses. Landscape screening, which provides a contiguous evergreen leaf mass or solid screen walls, can be used to meet this requirement. 11. Permitted uses: Permitted uses in the Village Center of the Planned Development include the uses specified in an NS (Neighborhood Service) District, except as amended in the following: a. General Merchandise or Food Store greater than 5,000 s.f. b. Motor vehicle fueling station c. Theater d. Accessory outside sales e. Recreational/Entertainment VI. Single Family and Multi-Family Basic Requirements of the Village Residential District(basic requirements of the Village Residential District are the only basic requirements that apply to the single family and multi-family portions of this Planned Development except as amended below, which replace certain of the Basic Requirement Standards). i. Village Land Design Requirements: 1. Connection of Open Space to Residential Development: 4-foot walkway along neighborhood streets to single loaded streets paralleling community open spaces and flood plains. 2. Lighting and furnishing along open space and trails: Pole mounted lighting or landscape tree down lighting shall be provided at destinations, activities, and nodal points. Provide total number of benches(with backs)equal to one bench every 'A mile of trail 6 foot wide or wider. Benches can be grouped but the space between benches(or groupings) shall not exceed 3/4 mile. ii. Street and Sidewalk Requirements: 1. Sidewalk locations: Both sides of double loaded streets, one side of single loaded streets, continuous at grade pathway. 2. Sidewalk Lighting: Sidewalks paralleling streets shall be illuminated with ambient street lighting. Pedestrian only sidewalks(sidewalks not paralleling streets) shall have pole-mounted lighting or landscape down lighting at destinations and activity centers. 3. Location of required alleys: Alleys shall not be required as part of this Planned Development. However,where alleys are determined necessary by the developer and such alleyways are provided adjacent to major thoroughfares, they shall be screened so as not to be viewed from the public street by either of the following: a. 6 foot masonry wall (including masonry thin wall) b. Landscape buffer(provided in addition to any required rights-of- way). The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees (equaling one tree per 50 feet of street frontage and planted in naturalized groups or rows 20 to 30 foot centers). Plans for such proposed landscape screens in any phase shall be submitted for review and approval at the time of Preliminary Plat for each phase. 4. Screening of residential units backing onto major thoroughfares: Residential units that back onto a major thoroughfare, shall be screened so as not to be viewed from the public street by either of the following: a. 6 foot masonry wall (including masonry thin wall) b. Landscape buffer(provided in addition to any required rights-of- way). The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees(equaling one tree per 50 feet of street frontage and planted in naturalized groups or rows with 20 to 30 foot spacing). Plans for such proposed landscape screens in any phase shall be submitted for review and approval at the time of Preliminary Plat for each phase. 5. Village Residential Pedestrian Crosswalks: Crosswalks shall be provided at trail and sidewalk intersections with major thoroughfares and all intersections within the retail area and shall be designated with one of the following (this does not preclude painted crosswalks as required by the City of Wylie): a. Decorative concrete paver b. Brick or stone paving c. Concrete saw cutting and staining 6. Village sidewalk material: Sidewalks in residential areas shall be continuous in color, texture, and scoring pattern. Sidewalks shall be made of broom finish concrete with accent paving only permitted at crosswalks, handicap ramps, activity centers, bridges, rest areas and within the retail area. iii. Architectural Requirements: 1. Exterior material façade material: All single family residential units shall have a minimum of 75% of the exterior façade on all sides as brick or stone laid masonry units. Cementitious siding can be used on 25% of the exterior façade. These percentages exclude windows, doors and other openings, and glazing shall not exceed 35% of the front elevation of the residence. Dormers or other elements supported by the roof structure are not required to be masonry. This standard does apply to coordinated block elevations, which are intended to convey an historic style or "village" character(e.g. Traditional Neighborhood Design). 2. Units with same floor plan, same street elevation and varying street elevation: Units with the same floor plan may be repeated provided that the elevations for those floor plans are visibly different. "Visibly different" can be accomplished with differing materials or architectural details.However the same elevation shall not be repeated over block spacing greater than 7 lots skipped both sides of the street. 3. Village residential front entry cover: The developer shall encourage builders to design single-family residential units with usable porches. As a minimum, the front entry of any single-family residential unit,which is the entry facing the street on which the unit is located, shall have a covered front porch with a minimum area of 40 sf and a minimum depth of 4 feet. 4. Roof pitch and materials for all single family units within the Planned Development: All single family residential units shall have a minimum roof pitch of 6:12, asphalt shingles, and painted plumbing vents, attic vents, and other roof top accessories to match the roof shingle color. No wood shingles are permitted. 5. Garages: A two-car garage shall be required for all Single Family Residences. Attached or detached garages shall be allowed to face the street with no offset from the front facade of the house required for the garage on houses of 2,000 square feet or greater. This provision applies to 100% of the Type"A" lots. VII. Single Family and Multi-Family Desirable Features for Meeting Point Requirements of the Village Residential District(point requirements of the Village Residential District are the only point requirements that apply to single family and multi-family portions of this Planned Development except as amended below which replace certain of the Desirable Feature Standards). i. Pedestrian Linkage to the Village Center: 100%of the units not further than 2,000 feet from a linear park that leads to the Village Center 10 points. ii. Village residential street treatment: Providing specialty accent paving at crosswalks, handicap ramps, activity centers, bridges, and rest areas 10 points. iii. Units with same floor plan, same street elevation and varying street elevation: Units with the same floor plan and same elevation separated by 9 intervening lots (skipped both sides of the street) 10 points. iv. If item"iii" is separated by 1200 feet 20 points. v. Units with same floor plan and different elevation separated by 9 lots skipped same side of the street, 7 lots opposite side 10 points. vi. If item"v" is separated by 1200 feet 20 points. VIII. Non-residential Basic Requirements of the Village Residential District(basic requirements that apply to the non-residential portions of the Village Residential District are the only basic requirements that apply to the non-residential portions of this Planned Development except as amended below which replace certain of the Basic Requirement Standards). i. Site Design Requirement 1. Access Drives: Access drives shall be located at least 150 feet from an intersection except when the site is too small to meet this requirement and alternate means of ingress/egress are approved with the detailed development plan. Access drives shall be part of a village circulation system that ties the commercial area together in a circulation path. There are no other requirements for medians or treatment of access drives. 2. Location of service and loading areas: Service areas and loading areas shall be screened so that they are not visible from a public street or adjacent residential lots. Landscape providing a continuous evergreen leaf mass or solid screen walls can be used to meet this requirement including a masonry screen wall. Landscape screens shall be planted with evergreen trees and shrubs that provide sufficient leaf-mass to accomplish an effective screen. ii. Landscape Requirements 1. Landscaping of parking lots: All site plans with required parking in excess of 12 spaces are required to provide a minimum of 24 sf of landscape area for each parking space. Required landscape shall be grouped or arranged so that no parking space is more than 60 feet horizontally/vertically or 85 diagonally from the landscape area. 2. Landscaping of street frontages: In an effort to create a "Village Center Streetscape"that brings the people spaces and retail uses into closer contact with the street, landscape buffers at the street shall be limited when the retail use is setback no greater than 25 feet from the street. This maximum setback shall be extended 20 ft. if the developer provides head-in parking from the street. In these cases, front yard landscaping shall be limited to trees in tree grates, streetscape planters, or small pockets of landscaping which do not create a visual separation between the street space and the retail space. Tree planting on uniform centers with trees located in tree grates shall be provided and arranged so that they work with the modulation of parking spaces at the street. Tree planting shall not be less than one tree for every 40 feet of property frontage at the street right-of-way. When the retail use is separated from the street by parking(other than street head- in parking), a 10-foot landscape buffer shall be provided. In order to achieve an "urban" space, trees are not required in the landscape buffer due to their conflict with the architecture close to the street and retail signage. In order to achieve an "urban" space walkways shall have a geometry that parallels the street front without the use of picturesque alignment. iii. Architectural Requirements 1. Architectural compatibility: Buildings in the Village Center shall be designed to maintain architectural compatibility with residential architectural of the surrounding areas. Architectural compatibility may be achieved through the use of similar materials and responsive forms (including roof form). IX. Non-residential Desirable Features for Meeting Point Requirements of the Village Residential District(point requirements of the Village Residential District are the only point requirements that apply to the non-residential areas of this Planned Development except as amended below which replace certain of the Desirable Feature Standards). i. Site Design: 1. Building placement: Individual buildings with footprints no greater than 15,000 s.f shall earn 5 points 2. Access drives: Any development not able to locate access a minimum of 100 feet from an intersection shall earn an additional 10 points 3. Location of service and loading areas: Service and loading areas which are not visible from a public street or adjacent residential lot but which provide screening through the use of enhanced landscape(flowering trees and shrubs)or an enhanced masonry wall shall earn an additional 10 points ii. Landscape: 1. Landscaping of parking lots: Parking lots which exceed 24 sq. ft. of required per space landscape area shall earn 5 points for each additional increase in landscape area equal to 1% of the parking area up to a maximum of 25 points. X. Natural area Desirable Features for meeting point requirements of the Village Residential District (point requirements listed below may be applied to the point requirements of the residential and/or non-residential areas but any point credit must be allocated to only one area requirement). i. Enhanced Wetland Preservation: Preservation and restoration and restoration of wetland areas 10 points per 4 acres ii. Hardwood forest preservation: Preservation of native forest areas and forest habitats (of trees with an 8 in. or greater caliper 10 points per 10 acres iii. Preservation of historical and archeological sites ....10 points per site iv. Provision of improved open space 10 points for every 5% of the total site area over 15% v. Trail linkages to destinations outside the development 20 points vi. Provision of interpretative and educational trails 10 points vii. Provision of open spaces that implement portions of the comprehensive park master plan 10 points The developer shall provide an overall Trail Concept Plan(for all trails within the boundaries of this Planned Development)for all phases with submittal of a final plat for phase one. The trail Master Plan shall indicate phases of trail development and identify funding sources that may be acquired to implement the plan. XI. Common Area Platting: All non-dedicated/HOA maintained green belts and common areas shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. XII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger)possible, a tree management plan provided by the owner as preserves at least 25%of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. XIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Bozeman Farm, as indicated by the existing fence line trees,the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. XIV. Screening and Landscape: The screening and landscape strip shall be provided along FM 544. A conceptual landscape plan to be provided with the Preliminary Plat. XV. Transition Zone: In an effort to make a land use transition from the existing homes fronting Collin County Road 732,the developer shall establish an edge, one lot deep, of lots along the eastern property line of this development that have a minimum lot size of 8,500 square foot and a minimum house size of 2,000 sf. XVI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non-dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XVII. Upon the request of the Wylie Independent School District, the Developer of the Bozeman Farm Estates will meet with the Wylie Independent School Board and propose the following terms for an elementary school site in Bozeman Farm Estates: i. A mutually agreeable site within Bozeman Farm Estates. ii. A price for purchase of the property by the district that equals the developer's basis. iii. An area of land that is not less than six(6) acres or more than twelve(12) acres. iv. A right to exercise an option to purchase the site that remains effective for three years from closing of the property by the developer. The school district will have the right to extend the option period for two(2)years by sending notice to the Developer sixty (60) days prior to its expiration date. ,I of/.IttlI 14 , s10.1E0.52<2, .,I,/•, i V."7-I r,...!tA-...-.•-•-- ...,-..-iy/ 1 . I 1 / . 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UNTY 4�� ____- --- I -- - R❑CKWALL' -------N\ _ A i COLLIN ❑COUNT` LOCATION MAP ZONING CASE #2002-19 NOTIFICATION REPORT APPLICAN1 Realty Development Trust APPLICATION FILE #2002-19 1771 International Parkway, #127 Richardson,Tx. 75081 # 3LK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1771 International Parkway,#127 1 Realty Development Trust Richardson,Texas 75081 Stone Grove Addn 1019 Foxwood Lane 2 B Lot 5 R-2248-00B-0050-1 Peter Zeller Wylie,Texas 75098 Stone Grove Addn 1019 Foxwood Lane 3 B Lot 6 R-2248-OOB-0060-1 Peter Zeller Wylie,Texas 75098 Stone Grove Addn 1023 Foxwood Lane 4 B Lot 7 R-2248-OOB-0070-1 John Knackstadt Wylie,Texas 75098 Stone Grove Addn 513 S.Foxwood Lane 5 B Lot 8 R-2248-OOB-0080-1 Johnny Aldridge Wylie,Texas 75098 P.O. Box 546 6 Abst 475 Tract 13 R-6475-000-0130-1 Birmingham Memorial Trust Wylie,Texas 75098 P.O.Box 546 7 Abst 475 Tract 34 R-6475-000-0340-1 Birmingham Memorial Trust Wylie,Texas 75098 P.O. Box 546 8 Abst 979 Tract 45 R-6979-000-0450-1 Birmingham Memorial Trust Wylie,Texas 75098 2000 Hwy. 78 North 9 Abst 979 Tract 56 R-6979-000-0560-1 City of Wylie Wylie,Texas 75098 1320 E.Stone Road 10 Abst 979 Tract 25-9 R-6979-000-0259-1 George Richards Wylie,Texas 75098 Jimmie Jane Feagan 1095 E. FM 544 11 Abst 979 Tract 24 R-6979-000-0240-1 c/o F.D. Feagin Wylie,Texas 75098 1275 E. FM 544 12 Abst 979 Tract 31 R-6979-000-0310-1 Edwina Cook Wylie,Texas 75098 1275 E. FM 544 13 Abst 979 Tract 21 R-6979-000-0210-1 Edwina Cook Wylie,Texas 75098 13118 Southview Lane 14 Abst 979 Tract 41 R-6979-000-0410-1 Billy Burdine Dallas,Texas 75240 P.O. Box 578 15 Abst 979 Part of Tract 59 R-6979-000-0590-1 Charlene Dew Wylie,Texas 75098 Collin County 210 S.McDonald Street 16 FM 544 Commissioners Court McKinney,Texas 75069 Collin County 210 S. McDonald Street 17 Stone Road Commissioners Court McKinney,Texas 75069 Collin County 210 S. McDonald Street 18 Troy Road Commissioners Court McKinney,Texas 75069 WYLIE CITY COUNCIL AGENDA ITEM NO. '7. December 10, 2002 Issue Consider and act upon an Ordinance annexing all of a certain 48.643 tract of land out of the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and generally located north of the proposed extension of Park Blvd and west of Parker Road. Background This request for voluntary annexation has been submitted by the Wylie Independent School District for the property which is the site of the new junior highfmtermediate school property. The property was previously within the jurisdiction of St. Paul and has been released by their Council. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established. 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 he heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings October 30, 2002 First Public Hearing November 11, 2002 Second Public Hearing November 12, 2002 Adoption of Ordinance December 10, 2002 Financial Consideration The current property tax rate for the City of Wylie is .715 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 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Area Map Service Plan 7141Zt,-2- 4011° Prepared by Reviewed by Finance City Man,3"Approval Ordinance No. AN ORDINANCE ANNEXING A CERTAIN 48.643 TRACT OF LAND OUT OF THE MERCER PHALEN SURVEY, ABSTRACT 695, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS~ OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO '1'H.E RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 21101-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EXFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS,the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigTted and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie;and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed;and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90)days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie. SECTION 2: The Service Plan for the.Property is attached hereto as 'Exhibit B" and made a part hereof for all purposes. SECTION 3:That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No.2001-48,and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and. 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF WYLIE, TEXAS on this day of , 2002. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary Exhibit"A" Whereas,the Wylie Independent School District is the owner of a tract of land situated in the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and being all of that certain tract of land conveyed to the Wylie Independent School District by deed recorded in Volume 5098, Page 1750, Deed Records of Collin County, Texas, and being for particularly described as follows: BEGINNING at a 5/8" iron rod found at the southwest corner of said Wylie I.S.D. tract, the northwest corner of that certain tract of land conveyed to Birmingham Land, Ltd. by deed recorded in Document No. 94-0029675,Deed Records of Collin County, Texas and the southeast corner of that certain tract of land conveyed to Centex Homes by deed recorded in Volume 4899,Page 2267,Deed Records of Collins County, Texas: THENCE N 00 degrees 21'44" E, along the west line of said 53.5076 acre tract, and the east line of said Centex Homes tract,a distance of 982 54 feet to a '/2"iron rod set at the southwest corner of that certain called 1.5624 acre tract of land conveyed to Brian E. Shuler and wife, Patti J_ Shuler by deed recorded in Document No, 93-0094967, Deed Records of Collin County, Texas; THENCE N 89 degrees 33'38" E, along the south line of said 1.5624 acre tract, a distance of 680.71 feet to a '/2"iron rod set at its southeast corner; THENCE N 00 degrees 24'51" E, along the east line of said L5624 acre tract, a distance of 100 feet to '/2" iron rod set near a power pole at the northeast corner of said 1.5624 acre tract, said point also being on the south line of Quail Creek Addition as recorded in Cabinet B,Page 170 of the Plat Records of Collin County, Texas; THENCE along said south line of Quail Creek Addition as follows: S 89 degrees 35'09"E, a distance of 991.13 feet to a '/2"iron rod set; S 89 degrees 24'34" E, a distance of 344.91 feet to a 1" iron rod found at the northwest corner of a 5.00 acre tract conveyed to Patsy Ruth Sheffield by deed recorded in Volume 2168,Page 238,Deed Records of Collin County, Texas; THENCE S 02 degrees 53'57"W, along West line of said 5.00 acre tract, passing an iron rod at its southwest corner and continuing a total distance of 1109.87 feet to a Y2"iron rod set on the south line of said 53.5076 acre tract and the north line of said Birmingham Land, Ltd. tract; THENCE N 88 degrees 46'52" W, along said line> a distance of 1967.94 feet to the POINT OF BEGINNING and CONTAINING-48.643 acres of land. Exhibit"B" CITY OF WYi IE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 48.643 tract of land SURVEY, ABSTRACT & COUNTY: Mercer Phalen Survey, Abstract 695, Collin County, Texas Municipal Services,to the acreage described above shall be fiirnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area,the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation viol,tions within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and. the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RLCREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally.. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2_ As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 1 The same level of maintenance shall be provided to streets within this property, which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2_ As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations` Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2_ Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3_ As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance,whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing_different levels of service. 4. 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