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10-11-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL Special Called Meeting Sunday, October 11, 1998 2:00 p.m. • Wylie Municipal Complex-Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071, Discussion with City Attorndy on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter;and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. I certify that this Notice of Meeting was posted on this the 8th day of October, 1998 at/1.0' a.m. as required by law in acc dance with Section 551.042 of the Texas Government Code. 4.jf / 114 2) ity Secretary Date Notice Removed he 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 TDD 972/442-8170. City Council Agenda September 29,1998 Page 1 WYLIE CITY COUNCIL Agenda Tuesday, October 13, 1998 • 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Pledge of Allegiance Proclamation Proclamation declaring the week of October 19-25 as Teen Book Week in the City of Wylie. Citizen Participation Consent Agenda All matters Iisted under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately. 0 A. Approval of the Minutes from the Special Called Meeting of September 16 and the Regular Meeting of September 22, 1998. Items for Individual Consideration 1. Consider and Act Upon the Approval of the Library'Advisory Board By-Laws. Executive Summary Research into the current Bylaws suggests that they were written in the 1970's. and amended in November of 1979. After review, it was determined that the Bylaws did not comply with the current Wylie local ordinances. Board/Commission/Staff Recommendations The Library Advisory Board&City Staff recommend the approval of the revised Bylaws. 2. Hold the First of Two Public Hearings for the Annexation of .998 Acres out of the Francisco De La Pina Survey,Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture,Inc.by deed recorded in Volume 2610,Page 702, Land Records, Collin County, Texas. Item No. Agenda Item Action Taken Executive Summary The City of Wylie has received a request for annexation from Mike Douglas for a.998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane. The applicant is requesting annexation in order to establish connections to City of Wylie utilities. Staff anticipates a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. According to the Collin County Central Appraisal District, the accessed taxable valuation of the property is $335,412.00. The Schedule for completion of the annexation is included with Item 3 backup materials. /' Commission/Staff Recommendations Commission recommendation is not applicable. Staff is recommending approval. This is the first of two public hearings. No action is required. 3. Hold the First of Two Public Hearings for the Annexation of 110 Acres out of the J.W.Mitchell Survey,Abstract No.589,Collin County,Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County,Texas. Executive Summary The City of Wylie has received a request for annexation from Mrs.Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Specifically,per the applicant request the City of Murphy,Texas,has released this property from their extraterritorial jurisdiction (ETJ) due to the fact that Murphy utilities are unavailable at this time (see attached resolution # 268). Staff anticipates a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. According to the Collin County Central Appraisal District, the marketing value of the property is $363,000 with an accessed taxable valuation of $21,450. Should the Council approve this annexation, a five (5) acre out parcel in Murphy's extraterritorial jurisdiction(ETJ)will be totally surrounded by the City of Wylie proper. The five(5)acre out parcel is generally located along the north side of McMillan Road east of the 110 acre tract requested for annexation(see attached map). As a result,Council must find that surrounding this area is in the public interest prior to completing the annexation proceedings. Staff is of the opinion that surrounding this property is in the public interest due to the fact that the property will no longer be contiguous with the City of Murphy and based upon Wylie's ability to provide public services to the area. Also,please note that staff has contacted the City of Murphy in order to initiate a boundary agreement process and add the out parcel to the City of Wylie extraterritorial jurisdiction(ETJ). Commission/Staff Recommendations Commission recommendation is not applicable. Staff is recommending approval. This is the first of two public hearings. No action is required. Item No. Agenda Item Action Taken 4, Hold a Public Hearing and consider a request from Zlan,Ltd.,for approval of tid a Temporary Specific Use Permit(SUP)for a Commercial outdoor amusement (proposed driving range) on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion (9 acres) of a 23.4971 acre tract of land conveyed to C.B.A.Enterprises by substitute trustee's deed recorded in Volume 2612,Page 605,Deed of Trust Records of Collin County, Texas. Executive Summary The applicant is requesting a temporary Specific Use Permit(SUP) on 9 acres in order to develop the property with a golf driving range. Currently the property is zoned B-2 (Business)and partially developed with business uses. The property to the north is zoned B-2 (Business)and developed with business uses. The property to the east is vacant and zoned for B-2(Business)uses. The property to the south is vacant and zoned for A(Agricultural) uses. The property to the west is zoned A(Agricultural)and partially developed with single family homes and the city's new fire station. Public Comment Forms were mailed to eleven (1 1) property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been returned, Specific details of the request are included with the Item 4 backup materials. Commission/Staff Recommendation The request was denied at the October 6, 1998 regular meeting of the Planning and Zoning Commission by a 6-1 vote. Hold a Public Hearing and consider a request from Pat Atkins for approval of a zone change from R (Retail), B-1 (Business), and MF (Multifamily) to PD (Planned Development) for single family residential uses for the property generally located along the east side of McCreary Road just south of Southfork • Mobile Home Park and being all of a 45.3768 acre tract out of the Moses Sparks Survey,Abstract No.849,City of Wylie, Collin County,Texas. Executive Summary The applicant is requesting rezoning on 45.3768 acres in order to develop the property with a master planned single family residential community. The property to the north is zoned MH (Mobile Home)and developed with a mobile home park. The property to the south is vacant and zoned A (Agricultural). The property to the east is vacant and zoned PD (Planned Development)for single family residential uses. The property to the southeast is vacant and zoned A(Agricultural)with an approved PD(Planned Development)concept plan for single family residential uses. The property to the west is not within the City of Wylie proper. Public Comment Forms were mailed to sixty-four(64)property owners within 200 feet of this request. No Public Comment Forms have been returned. August 3, 1998,P&Z- Voted unanimously to table to August 17, 1998; August 17, 1998, P&Z-Voted unanimously to table to September 8, 1998; August 25, 1998,City Council - Public Hearing held/tabled to September 8, 1998; September 8, 1998 P&Z&City Council Joint Meeting -canceled; Re-advertised accordingly for P&Z&Council Public Hearings. Commission/Staff Recommendation. At the Regular Meeting of September 21, 1998,P&Z voted by 6-0 to favorably recommend this case. Staff recommends approval,subject to the following stipulation.No more than 20% of the lots (26) in this phase shall be permitted for construction prior to secondary access being provided. The Department of Public Works,Fire&Community Development concur with this recommendation. Item No. Agenda Item Action Taken Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Sage Creek,Amending the Comprehensive Zoning Ordinance No.85-23A. The tract is situated in the Moses Sparks Survey,Abstract No.849, Collin County, Texas and generally located along the east side of McCreary Road just south of Southfork Mobile Home Park. Requested by Pat Atkins. Executive Summary The preliminary plat/development plan under consideration is Phase III of Sage Creek Estates. The applicant is preliminary platting 45.3768 acres in order to develop the property with a master planned single family residential community. The development plan aspect of this case is the final step associated with establishing the PD(Planned Development)zoning requested in ZC. No. 98-07. In order to establish a PD (Planned Development),the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. Commission/Staff Recommendation At the September 21, 1998, Planning and Zoning Commission meeting, the Commission voted by 6-0 to favorably recommend this case. Staff recommends approval,subject to the following stipulations. Per Section 5.01 C. (1)(b)of Ordinance 93-33, Subdivision Regulations,secondary access shall be required for Development Plan of Sage Creek Phase III at the time one (1) of the following two(2)events occur: 1. Application for housing permits have been submitted for 20%of the lots within Development Plan of Sage Creek Phase III;or 2. Two calendar years beginning with the date of adoption of this ordinance. Subsequent to the occurrence of one(1)of the two(2)above referenced events,no permit of any kind will be issued within the Development Plan of Sage Creek Phase III prior to the. City's final approval and acceptance of secondary access for Development Plan of Sage Creek Phase III. Staff Reports Worksession ■ Discussion of Future Regional Wastewater Treatment Plant ■ Discussion of Unincorporated Areas as Mapped & Identification of Existing& Future City Services. ■ Discussion of Transition of Council Terms from Two to Three Years for 1998 Elections. Executive Session In accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter;and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney;and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Item No. Agenda Item Action Taken Adjournment. • I certify that this Notice of Meeting was posted on this the 8th day of November, 1998 at 5:00 p.m. as required aw in accordance to Section 551.042 of the Texas Government Code. n Secretary Date Notice Removed he 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 TDD 972/442-8170. MINUTES Wylie City Council Special Called Meeting Wednesday, September 16, 1998 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North-Wylie,Texas 75098 Call to Order Mayor Mondy called the City Council Meeting to order, September 16, 1998 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,and Chris Trout. Mayor Pro Tem Worley was absent. Staff members present were:Mike Collins,City Manager, Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director; Tobin Maples, Planning Director and Barbara Salinas, City Secretary. Invocation Councilman Scott was asked to lead the Invocation. Pledge of Allegiance Councilman Young was asked to lead the Pledge of Allegiance. Proclamation Mayor Mondy acknowledged the Proclamation declaring the Week of September 17-23 as Constitution Week in Wylie,Texas. Consent Agenda Councilman Ramsey made a motion to approve Items A,B, and C of the Consent Agenda. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0. A. Approval of the Minutes from the Special Called Meetings of August 4 and August 27 and the Regular Meetings of August 11 and August 25, 1998. B. Consider and Act Upon a Final Plat for the Heatherwood Estates Addition, Proposed by Charles and Tracy Lester, Generally Located at the Northwest Corner of Heatherwood Drive and Lanwood Drive, and Being All a Certain 7.345 Acre Tract Out of the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. C. Consider and Act Upon a Final Plat for the Park Road Elementary School Addition, Proposed by Glenn Engineering Corporation for the Wylie Independent School District, Generally Located at the Northeast Corner of FM 1378 and McMillen Road and Being All of a Certain 10.799 Acre Tract and All of a Certain .574 Acre Tract Out of the Charles Atterbury Survey,Abstract No. 22, City of Wylie, Collin County, Texas. Wylie City Council Minutes September 16,1998 Page 1 Items for Individual Consideration 1. Consider and Act Upon the Award of Contract for the City of Wylie Bank Depository. Mr.Brady Snellgrove,Finance Director addressed this item. Mr. Snellgrove gave a brief explanation of the bid process and the submissions of both Provident Bank and American National Bank. Mr. Snellgrove stated that staff recommendation was to accept the two-year contract with American National Bank. Councilman Young made a motion to award the two-year contract for the City of Wylie Bank Depository to American National Bank. Councilman Ramsey seconded the motion. A vote was taken and the motion passed, 6-0. 2. Consider and Act Upon Approval of a Final Plat for Phase V of the Newport Harbor Addition, Proposed by Carter & Burgess, Inc. for Centex Homes, Generally Located Along the East Side of FM 1378 Just South of Anchor Drive and Being All of a Certain 26.753 Acre Tract Out of the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Mr.Tobin Maples,Planning Director,addressed this item. Mr. Maples gave Council a brief history of this Item explaining that the final plat under consideration is for Phase V of the Newport Harbor Addition. Mr. Maples stated that the applicant is platting 26.753 acres in order to develop the property with 110 single family residential lots. The property is currently vacant,unplatted, and zoned for SF-3 (Single Family Residential)uses. Mr. Maples advised Council that Staff has reviewed the proposed plat for Phase V of the Newport Harbor Addition and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for notarized block length. Mr. Maples explained that Section 5.02 D (2) of the Subdivision Regulations states that the block length in residential areas shall not exceed 1,200 feet and that the applicant is requesting a variance to this requirement as the length being proposed for Block 3 is 1,500 feet. Mr. Maples stated that the variance being proposed is consistent with the preliminary plat approved for this development. Mr. Maples was then available for questions from Council. Council had questions regarding the lot value and total number of homes in the Newport Harbor Subdivision. Mr. Collins advised Council that staff would research the lot value and provide to Council. Mr. Maples stated that Phase V contained 110 lots,for a total of 380 in the Newport Harbor addition. Councilman Trout made a motion to approval the Final Plat for Phase V of the Newport Harbor Addition, Proposed by Carter&Burgess,Inc. for Centex Homes, Generally Located Along the East Side of FM 1378 Just South of Anchor Drive and Being All of a Certain 26.753 Acre Tract Out of the James McUlmurry Survey, Abstract No. 629,City of Wylie,Collin County,Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed 5-1. Councilman Ramsey opposed. 3. Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 1998-99 and Provide Taxpayers an Opportunity to Express their Views on the Tax Increase. At the End of the Hearing, the City Council Must Set and Announce the Date, Time and Place of the Meeting at Which it Will Vote on the Final Proposed Tax Rate. Wylie City Council Minutes September 16,1998 Page 2 Item 3-continued Public Hearing-Tax Rate The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed tax rate to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed tax rate to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor Pro Tern then closed the Public Hearing. Mr.Brady Snellgrove,Finance Director addressed this item. Mr. Snellgrove stated Council would be asked to Consider and Act Upon Adoption of an Ordinance Fixing the Tax Rate/Levy for the Fiscal Year 1998- 1999 Budget. The Tax Rate Proposed is for Sixty-seven and one-half cents ($0.675) per$100 of Assessed Value. Council set the date,time and place for the vote on the final proposed tax rate. The vote will be held on Tuesday, September 22, 1998 at 7:00 p.m. in the Council Chambers of the Municipal Complex. Staff Reports Mr. Collins reported to Council regarding the imposed watering restrictions. Mr. Collins stated that staff is still conducting research as to the effects of the restrictions and will have more information for Council before determining how much longer the restrictions will continue. There was some related discussion regarding the excess payment to the North Texas Municipal Water District for water consumption. Mr. Collins explained the purchasing procedure and more specifically those communities who use under the maximum projected water usage. Mr. Collins stated that water purchases are based on a calendar year. Mr. Collins suggested that if Council wishes, a worksession could be held on October 13 for discussion on recommended method to finance the new treatment plant. Mr. Snellgrove reported that year end revenues will be provided to Council this week. He reported that the general and utility fund were looking much better than originally predicted. The Mayor asked if staff had determined the property value of the unincorporated areas or `donut holes'. Mr. Snellgrove stated that staff had not. Ms. Manson reported to Council that at their last meeting the Park Board held discussions regarding their course of action, after learning they did not receive the Parks and Wildlife Grant. Ms. Manson advised Council that if they wish to continue to submit a grant application,they must update the Park Master Plan in accordance with State requirements that it is updated every two-years. Ms. Manson stated that they may re apply in January of 1999,and learn of the results in August of 1999. Ms. Manson gave a brief explanation of the process, and our point total. Mr. Collins advised Council that asbestos had been detected in the city structure on Jackson and Oak, and that a third party would be required to monitor at a cost of$6,000. The Mayor recommended that we proceeds as necessary toward demolition of the structure. Citizen Participation Kenna Johnson,503 Rustic Place Ms.Johnson asked for assistance from Council in locating a structure suitable for a"Scout House"that would allow scout groups to hold their meetings. Ms. Johnson is concerned that their currently are not facilities for scouts to hold their meetings. Wylie City Council Minutes September 16,1998 Page 3 Citizen Participation -continued Kenna Johnson Ms.Johnson also asked what steps are being considered to notify the public of the Public Hearings planned for the Comprehensive Plan Update. She stated that the community needs to be informed as to the need for their input. Ms.Johnson volunteered her assistance in communicating the need for community involvement. Adjournment. The posted Executive Session was not held and with no further business to come before the Council, the meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes September 16,1998 Page 4 MINUTES Wylie City Council Tuesday, September 22, 1998 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, September 22, 1998, 1998 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young, J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager: Brady Snellgrove,Finance Director and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Mayor Pro Tem Worley was asked to lead the Pledge of Allegiance. Proclamation Mayor Mondy presented Fire Chief Shan English and members of the Wylie Fire Department a Proclamation declaring the Month of October as Fire Prevention Month in the City of Wylie. Chief English addressed Council thanking them for their support and extending a personal invitation to the dedication ceremonies of both the newly renovated Fire Station No. 1 and the new Fire Station No. 2. Items for Individual Consideration 1. Consider and Act Upon the Approval of FY99 4B Budget and the Community Services Facilities Capital Improvement Plan. Ms.Mindy Manson addressed this item and gave a brief history of the 4B Budget. She explained that the budget incorporated both the Library and Park projects for FY98/99. Ms. Manson was then available for questions from Council. Councilwoman Allen made a motion to Approve the FY99 4B Budget and the Community Services Facilities Capital Improvement Plan. Councilman Scott seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Mayor Mondy then called for a Recess of the Regular Meeting of the Wylie City Council. The Parks and Recreation Facilities Development Corporation was then called to order with the following members present. John Mondy, J.C. Worley,Joel Scott, and Chris Trout. Members absent were Dan Chesnut, Jim Swartz and Kerry Carothers. Wylie City Council Minutes September 22,1998 Page 1 la. Consider and Act Upon Approval of the FY99 4B Budget, Authorizing Expenditures for the FY99 Community Services Facilities Capital Improvement Plan. The Board voted 4-0 to approve the FY99 4B Budget, Authorizing Expenditures for the FY99 Community Services Facilities Capital Improvement Plan. The meeting of the Parks and Recreation Facilities Development Corporation Board was then Adjourned. Mayor Mondy then reconvened the Regular Meeting of the Wylie City Council. Items for Individual Consideration 2. Consider and Act Upon Approval of an Ordinance of the City of Wylie, Amending the Budget for Fiscal Year 1998, Beginning October 1, 1997 and Ending September 30, 1998; Repealing All Conflicting Ordinances; Containing A Severability Clause; and Providing for an Effective Date. Mr.Brady Snellgrove addressed this item. Mr. Snellgrove gave Council a brief explanation of the amendments to the FY97-98 Budget. A motion was made by Mayor Pro Tern Worley to approve adoption of an Ordinance of the City of Wylie, Adopting A Budget and Appropriating Resources for Fiscal Year 1999,Beginning October 1, 1998 and Ending September 30, 1999. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 7-0. ORDINANCE NO. 98-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 1998 BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998, BY AMENDING ORDINANCE NO. 98-10; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 3. Hold a Public Hearing and Consider and Act Upon Adoption of an Ordinance of the City of Wylie,Adopting A Budget and Appropriating Resources for Fiscal Year 1999, Beginning October 1, 1998 and Ending September 30, 1999. Mr. Brady Snellgrove address this item. Mr. Snellgrove gave a presentation of the General Fund. He advised Council that the budgeted ending fund balance for the General Fund for FY99 is $1,044,880 which equates to a reserve of 18%of budgeted expenditures. Mr. Snellgrove explained that a minimal acceptable level of reserves to the bond rating agencies would be from 10%to 12%for a city experiencing rapid growth. Mr. Snellgrove indicated that the budgeted ending fund balance or working capital for the Utility Fund in FY99 is $1,799,900 which equates to approximately 204 days of operating expenses on hand. Mr. Snellgrove explained that generally accepted standards establish that 90 days is acceptable and 120 is very good. Wylie City Council Minutes September 22,1998 Page 2 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed budget come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed budget come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. Mayor Pro Tem Worley made a motion to approve adoption of an Ordinance of the City of Wylie,Adopting A Budget and Appropriating Resources for Fiscal Year 1999,Beginning October 1, 1998 and Ending September 30, 1999. Councilman Young seconded the motion. A vote was taken and the motion passed unanimously, 7-0. ORDINANCE NO. 98-26 AN ORDINANCE OF THE CITY OF WYLIE, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1999, BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 4. Consider and Act Upon Adoption of an Ordinance Fixing the Tax Rate/Levy for the Fiscal Year 1998-1999 Budget. The Tax Rate Proposed is for Sixty-seven and one-half cents ($0.675) per$100 of Assessed Value. With no discussion, Councilman Scott made a motion to approve adoption of an Ordinance Fixing the Tax Rate/Levy for the Fiscal Year 1998-1999 Budget and setting the Tax Rate at Sixty-seven and one-half cents ($0.675)per$100 of Assessed Value. Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously, 7-0. ORDINANCE NO. 98-27 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30,1999,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Hold the Second of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. Wylie City Council Minutes September 22,1998 Page 3 Mr. Tobin Maples addressed this item. Mr. Maples stated that the City of Wylie has received a request for annexation from Mike Douglas for a .998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane and that the applicant is requesting annexation in order to establish connections to City of Wylie utilities. Mr.Maples explained that before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard,However,the first public hearing concerning this request was scheduled for the September 8, 1998, City Council meeting and due to unanticipated circumstances, the September 8, 1998, Council meeting was canceled. Mr. Maples recommended to Council to hold the public hearing, but take no action and staff will reschedule both public hearings in accordance with State Law. Mr. Maples was then available for questions from Council. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. 6. Hold the Second of Two Public Hearings for the Annexation of 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that the circumstances were the same as item 5. The City of Wylie has received a request for annexation from Mrs. Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillian Road. Mr. Maples stated that the first public hearing concerning this request was scheduled for the September 8, 1998, City Council meeting and due to unanticipated circumstances,the September 8, 1998, Council meeting was canceled. Mr. Maples recommended to Council to hold the public hearing,but take no action and staff will reschedule both public hearings in accordance with State Law. Mr. Maples was then available for questions from Council. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then closed the Public Hearing. 7. Hold a Public Hearing and Consider and Act Upon a Request from Zlan, Ltd., for Approval of a Temporary Specific Use Permit (SUP) for a Commercial Outdoor Amusement (proposed driving range) on the Property Generally Located at the Northeast Corner of FM 1378 and Brown Street and Being a Portion (9 acres) of a 23.4971 Acre Tract of Land Conveyed to C.B.A. Enterprises by Substitute Trustee's Deed Recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas. Wylie City Council Minutes September 22,1998 Page 4 Mr. Tobin Maples addressed this item. Mr. Maples stated that the applicant is requesting a temporary Specific Use Permit on 9 acres of land in order to develop the property with a golf driving range. Mr. Maples stated that the Planning &Zoning Commission heard the request at their regular meeting and the request was denied by a 5-1 vote. The Commission cited safety concerns with regard to the netting and operation of hours. Mr. Maples stated that he met with the applicant at the close of business today and that the applicant was asking that Council take no action this evening and send the request back to the Planning and Zoning Commission for review at their regular meeting of October 6. Mr. Maples concluded that the request would then come back before Council at the regular meeting of October 13. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the SUP request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then asked that anyone who wished to speak in opposition of the SUP request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response. the Mayor then closed the Public Hearing. Councilman Scott made a motion to table the item and refer back to the Planning and Zoning Commission. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 8. Consider and Act Upon a Final Plat for the Highway 78 Business Park Addition, proposed by Jackson and Associates Land Surveyors,Inc. for Mortgage Recovery Fund - Land Fund Dallas, L.P., generally located at the southeast corner of SH 78 and Century Way, and being part of Lot 1, Block A Century Business Park, City of Wylie, Collin County, Texas. Mr.Maples addressed this item. Mr. Maples stated that the final plat under consideration is for the Highway 78 Business Park Addition and that the applicant is replatting 12.331 acres of Lot 1, Block A, of the Century Business Park into seven (7) lots in order to develop the property with business and commercial uses. Mr. Maples stated that the property is currently vacant, platted as Lot 1, Block A of the Century Business Park Addition, and zoned for I (Industrial)uses. Mr. Maples stated that Staff has reviewed the proposed plat for the Highway 78 Business Park Addition and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. therefore staff was recommending approval. Mr. Maples stated that at the August 17, 1998,Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Mr. Maples was then available for questions from Council. Mayor Pro Tern Worley made a motion to approve the Final Plat for the Highway 78 Business Park Addition, proposed by Jackson and Associates Land Surveyors,Inc.for Mortgage Recovery Fund-Land Fund Dallas. L.P., generally located at the southeast corner of SH 78 and Century Way, and being part of Lot 1,Block A Century Business Park,City of Wylie, Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 9. Consider and Act Upon a Proposal for the Removal and Reinstallation of Eight Civil Defense Siren Systems Purchased from the City of Plano. Wylie City Council Minutes September 22,1998 Page 5 Chief English addressed this item. Chief English gave a brief history of the purchase of the system from the City of Piano. Chief English explained that at this time,only four of the eight sirens will be installed by McBride Electric. Chief English was then available for questions from Council. Councilman Scott expressed concerns about the Southfork area and if the placement of four sirens would enable the residents to hear the warning. Chief English explained that the sirens rotate and service a two mile range. Chief English stated that four sirens were sufficient to enable the community to hear the sirens and that the eight siren system purchased from Plano serviced the entire City of Plano. There was some discussion regarding the technical workings with the Wylie Police Department radios to which Chief English explained that the dispatcher would tone out or activate the system. Council expressed concerns regarding any embedded chips which could cause problems with the year 2000. Chief English and Mr. Snellgrove stated that the city organized committee would look into any problems related to the year 2000. Chief English stated that the company was experienced in this type of work and that cost estimates were solicited from other qualified contractors prior to their selection. A motion was made by Councilman Young to approve the proposal for the removal and reinstallation of eight Civil Defense Siren Systems purchased from the City of Plano. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 10. Consider and Act Upon Award of Bid for the Construction of the Remainder of the 1995 Bond Program Water Project. Mr. Jim Jenks,Hogan Corporation,addressed this item. Mr.Jenks gave Council a brief explanation of the biding process for the remaining 1995 bond program water projects. Mr. Jenks explained to Council the"A" and`'B" options. Mr.Jenks stated that the Hogan Corporation was recommending award of contract to TGR Constructors based on their low base bid in the amount of$322,873.00 and that due to the favorable bid received on Package B,they also recommend award of Package B to TGR Constructors for a total project(Package A plus Package B) bid of $348,802.00. Mr. Jenks addressed Council's concerns regarding past work preformed by TGR Constructors as well as a time line of 150 days to completion,good weather days permitting. Mr. Snellgrove provided information to Council regarding the financial considerations explaining that the project was actually$20,000 less than what was originally budgeted. Councilman Scott made a motion to award the bid for the construction of the remainder of the 1995 Bond Program Water Projects in the amount of$348,802 to include Package A&B to TGR Constructors. Mayor Pro Tem Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 11. Consider and Act Upon Award of Contract with CPS Systems, Inc. to Upgrade the City's Financial Computer System and to Ensure System Compatibility with the Year 2000. Mr.Brady Snellgrove addressed this item. Mr. Snellgrove briefly described the current computer related concerns regarding the compatibility with the year 2000 and the costs involved to update the current system to ensure compatibility. Wylie City Council Minutes September 22,1998 Page 6 Councilman Scott inquired about the"W2K"Committee. Mr. Snellgrove explained that the Committee would first recognize and identify the problems; survey and test equipment and work with all other vendors to ensure compatiability. Councilman Scott asked if this project would require outside help. Mr. Snellgrove stated that the Committee could accomplish the goals, but that local firms may be assisting with testing. Mr. Snellgrove stated that they would keep Council informed on their progress. Councilman Trout made a motion to approve the award the contract with CPS Systems,Inc. to upgrade the City's Financial Computer System and to Ensure System Compatibility with the Year 2000. Mayor Pro Tem Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Staff Reports City Manager Mike Collins reported to Council that a draft has been prepared to advise the citizens of Wylie that the water restrictions have been lifted. He stated that the flyers would be distributed to all households this Friday and expressed his appreciation to the community for their compliance of the restrictions. Councilman Young requested that staff include information regarding the Comprehensive Plan Review workshops listing meeting dates and times. Mr. Collins reported that the demolition had begun at the Oak/Jackson property and that some trees were marked for removal by the Parks Superintendent, Mr. Bill Nelson. The Mayor expressed some concern regarding the TCI product and rates and how it will effect the city. Mr. Collins stated that he would contact TCI and evaluate. Mr. Collins stated the conditions at Westgate Way were investigated by the traffic engineer and city staff with visits to the residents and with Council's direction will bring forward traffic calming devices. Mr. Collins stated that staff will be meeting with the North Texas Municipal Water District regarding the major water transmission line installation on Ballard Street between Butler and Stone. He stated that details will be presented at the October 13, 1998 Council meeting. Mr. Collins addressed Councilman Scott's concerns regarding the annexation issues. He stated that staff will be bringing forward specific recommendations at the October 13 meeting with annexations complete by the December 17, 1998 meeting. Council also expressed concerns regarding the notification process involving the Comprehensive Plan review. They expressed their concerns that public awareness should be extensive. Mr.Brady Snellgrove reported that the three tiered health plan had a good response from city employees with an increase in dependent coverage which saves the city money. Ms.Mindy Manson reminded Council of the Chili Cook-off scheduled for October 17, 1998 and that Mr. Nelson may be in contact with Council for judging. Ms. Manson reported that the two lots on Jackson will be cleared before the Cook-off and would check into the possibility of seeding for grass. Wylie City Council Minutes September 22,1998 Page 7 Mr. Jones reported to Council that he was pleased to lift the water restrictions,but there was still a possibility of water main breaks. Mr. Jones gave Council an update on the Jackson Street situation. He reported that XIT will be here Thursday to take care of the sinking areas specifically at Jackson and Brown. Mr. Jones reported that the they are continuing to shut the water down at Jackson and Oak,but are having trouble locating the water line. Mr.Jones stated that they may try to use the same technique as with the Nursing Home on Brown to address the situation. Mr. Jones reported that Pugsley has completed a portion of Willow Way,Vicki Lane,Newport Harbor and on the second phase of Rush Creek Drive entrance, lacking 40 feet to completion. They will be starting on Mardi Gras on Thursday. The Mayor reminded Council of the Ribbon Cutting for Presbyterian Hospital on Tuesday, October 6 at 5:30 p.m. with the public grand opening on Saturday, October 10, 1998. The Mayor also reported on correspondence received from GTE that they will be adding 469 as a third area code uncontrolled by boundaries and you will be required to dial all ten digits. The Mayor also reminded those present that on October 24,Ashley the Bloodhound will be present at the Smith Public Library for a presentation beginning at 7 p.m. Citizen Participation Mayor Mondy asked if there was anyone present who would like to come forward, to please state their name and address for the record and limit their remarks to five minutes. There was no citizens participation. Worksession Discussion of Service Center and Fleet Maintenance Program Mayor Mondy and Mr. Collins briefed Council on a developing proposal to cut costs in the fleet maintenance program. He explained how a shared facility and trained mechanic could save dollars for each participating city. They explained how shared personnel could be trained to work on all types of municipal equipment which could add to a reduction in expenses. There was some discussion on a time specific commitment from other cities. however,it was determined that a basic proposal must first be initiated before many details could be addressed. City Manager Mike Collins stated that he would like to proceed by forwarding a proposal representing how the program could work. Executive Session Mayor Mondy adjourned into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting There was no action taken as a result of the Executive Session. Wylie City Council Minutes September 22,1998 Page 8 Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Alinutes September 22,1998 Page 9 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION • September 8, 1998 Item No. Issue Consider and Act Upon the Approval of the Library Advisory Board Bylaws. Background The Library opened on May 28, 1970 and research into the current Bylaws suggests that they were written in the 1970's. Those Bylaws were amended in November of 1979. (note: The Bylaws were not dated with the exception of the November 1979 revision.) After review, it was determined that the Bylaws did not comply with the current Wylie local ordinances. The Board met in special session on July 27, 1998, to revise the Bylaws. The Board unanimously approved the revisions in the regular meeting on August 10, 1998. The Library Advisory Board used the Public Library Advisory Board Handbook along with samples of other Advisory Board Bylaws as guidelines for the revision. Other Consideration The City Secretary and City Manager reviewed the Bylaws that were revised in special session on July 27, 1998 to ensure that the revisions complied with Wylie's local ordinances and Charter. Article VIII., Section 3-F, of our Charter states, "all board and commissions and committees established or created by this Charter shall set out their own rules and regulations for the operation thereof unless specifically prescribed by the laws of the State of Texas, this Charter, or by ordinances," Financial Consideration N/A Board/Commission Recommendation The Board recommends the approval of the revised Bylaws. Staff Recommendation Staff recommends the approval of the revised Bylaws. Attachment Revised Library Advisory Board Bylaws 6-1/4,..// -11)(Au. Cde444,4) prep d by evicv d by Financ City Manager Approval Item for Individual Consideration Approval of the Library Board Bylaws Page 1 RITA AND TRUETT SMITH PUBLIC LIBRARY LIBRARY ADVISORY BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 92-2. This body shall be known as the Rita and Truett Smith Public Library Advisory Board. ARTICLE II Meetings Section 1. The regular meeting of the Library Advisory Board shall be held monthly at the Library unless the Board determines otherwise. Section 2. Special meetings may be called by the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 3. A majority of the members shall constitute a quorum at all meetings of the Board. Section 4. All questions presented for a vote of the Library Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson, and a Secretary. Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Library Advisory Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings. (ii) Represent the Library Board at public functions. (iii) Appoint special committees. (iv) Assist Library Director in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. 2 (c) Secretary: (i) The secretary will be responsible for recording the minutes. (ii) The Library Director will be responsible for distributing minutes to the, City Council, Library Advisory Board, and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Library Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Library Director Section 1. The Library Director shall be an ex-officio member of the Board. Section 2. The Library Director shall have sole charge of the Administration of the Library under the direction and review of the City Council and City Manager. Section 3. The Library Director shall be held responsible for the care of the building and equipment, for the employment and direction of the staff, for the efficiency of the Library services to the public, and for the operations set forth in the annual budget. 3 ARTICLE VI Powers and Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b)Abide by applicable ordinances of the City of Wylie. (c) Act in an advisory capacity to the City Council. City Manager, and Library Director. (d) Recommend policies to govern the operation and program of the Library. (e) Assist in planning and give guidance for expansion of library facilities. (f) Assist in interpreting the policies and functions of the Library Department to the public. Encourage in every possible way the development and advancement of the public library ARTICLE VII Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least ten days prior to such meeting. Such amendment would then be subject to approval by City Council. Revised August 1998 4 f _ WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION October 13, 1998 Item No. 2,, Issue Hold the First of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. Background The City of Wylie has received a request for annexation from Mike Douglas for a .998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane. The applicant is requesting annexation in order to establish connections to City of Wylie utilities. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A(Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2) public hearings have been scheduled for the October 13, 1998, and October 27, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for November 17, 1998. Notice published for the first public hearing: September 30, 1998 First Public Hearing: October 13, 1998 Notice published for the second public hearing: October 14, 1998 Second Public Hearing: October 27, 1998 Institution date (Adopt Ordinance): November 17, 1998 Item for Individual Consideration Annexation Request-Douglas Page 1 Financial Considerations According to the Collin County Central Appraisal District, the accessed taxable valuation of the property is $335,412.00 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, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Commission Recommendation Not applicable Staff Recommendation Approval Attachments Applicant's letter Exhibit"A" legal description City limits boundaries map Service Plan Annexation Ordinance TARNO Prepared by Revi d by Finance City Manager Approval Item for Individual Consideration Annexation Request-Douglas Page 2 FarmTek/ Sport Timing Specialists • f:armTek, Inc. 5113 Heritage Avenue (972) 495-6529 Sachse, TX 75048 FAX: 530-6103 July 1, 1998 City of Wylie,Texas 2000 Highway 78 North Wylie,TX 75098 To Whom It May Concern, On behalf of FarmTek;Inc., owner of the property and buildings located at 1000 East Highway 78 North (also know as 1001 Easy Highway 78 North), and formally defined in the attached Survey and Legal Description, I request annexation of said property into the City of Wylie,Texas in the most expeditious manner possible. Please contact me with any questions. Thank you. Sincerely, 'lvlile Douglas President, FarmTek, Inc. mwd/csh • • • RECD JUN 191998 • • Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell by deed recorded in Volnnne 2689, Page 793 and the sauce tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas and being more particularly described as follows: Beginning at a 3/8 inch iron rod found in the south right-of-way line of the St. Louis and Southwest Railroad (100'R.O.IV.)for the northwest corner of a 2.939 acre tract of land conveyed to Paul C.'. Merritt and Richard A. Williams by deed recorded in Volume 2070, Page 140, Land Records, Collin County, Texas; Thence, S 00'00'00" F, along tine west line of said 2.939 acre tract, a distance of 325.98 feet to• a 1/2 inch iron rod set in the north-right-of-way line of State Highway No. 78 for the southwest corner of said 2.939 acre tract and being in a curve to the left having a radius of 2924.93 feet; Thence, along said curve to the left, through a central angle of 02° 59' 04", an arc length of 152.35-feet and a chord of S 75° 05' 48" W, 152.34 feet to a 1/2 inch iron rod found for the southeast corner of a northerly tract of land described in a deed to A.U. Boyd Family Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin County, Texas; Thence, N 00' 00' 00" F., along the east line of said Boyd Family Trust Tract, a distance of 265.15 feet to a 112 inch iron rod set in the south right-of-way line of said Railroad in a curve to the right having a radius of 5741.78 feet for the northeast corner of said Boyd Family Trust Tract, • Thence, along the south right-of-way line of said Railroad and curve to the right, through a central angle of 01° 46' 34", an arc length of 177.98 feet and a chord of N 55° 48'36' E, 177.97 feet to the Point of Beginning and containing 43,492 square feet or 0.998 acres of land. I for ejjj • '— ' [Y F A , 1 / y. . , RpL r ,r g v 1. _(KCS� �,\ � r y2 - . V. - -, c), ..,.•• ...4,_ ___. 0.....; .--•• *.'>,.C - . ..1 1 1 i \�� M t{EDAS I w Q�� PRC •' gs9ai B S. , „. , . , _. •--•.,_. 0.) - _, PROPOSED _.._.._.._..- .. AN N E)CATION MAP "Exhibit B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: October 13, 1998 ACREAGE ANNEXED: .998 ACRES SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey Abstract No. 688 Collin County, Texas Municipal Services to the acreage described above shall be furnished 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 equipment 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. 1 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. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. 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 the 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. 3. 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. 4. 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. 5. 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. 2 C:Annex.ltr • E. PARK AND RECREATION 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, 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 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. 3 C:Annex.ltr 3. 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 Ordinance 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 within 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 approved dedicated easements shall be maintained by the City 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 approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City 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 Ordinance and other applicable City ordinance 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. 4 C:Annex.ltr • J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilised 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 administration 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. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. 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. 5. The Service Plan is valid for ten (10) years from the effective date of the Ordinance. le-ems/ 1-7/1 c_ caner Signature" -ffe,sideitt 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A .998 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, BEING THE SAME PROPERTY CONVEYED TO DOYLE R. MITCHELL AND WIFE NANCY DAYE MITCHELL, BY DEED AS RECORDED IN VOLUME 2689 AT PAGE 793 AND THE SAME TRACT OF LAND CONVEYED TO HOME TOWN FURNITURE, INC. BY DEED RECORDED IN VOLUME 2610, PAGE 702, LAND RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW• IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated 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 43.052, 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 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 Council instituted 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 as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: .998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. 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. 85-23A, 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. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments 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. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a 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 of Wylie 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 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION . October 13, 1998 Item No. (3. Issues Hold the First of Two Public Hearings for the Annexation of 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. Background The City of Wylie has received a request for annexation from Mrs. Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Specifically, per the applicant request the City of Murphy, Texas, has released this property from their extraterritorial jurisdiction (ETJ) due to the fact that Murphy utilities are unavailable at this time (see attached resolution # 268). Also, staff has held preliminary discussions with the development community regarding the zoning and development of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2) public hearings have been scheduled for the October 13, 1998, and October 27, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for November 17, 1998. Notice published for the first public hearing: September 30, 1998 First Public Hearing: October 13, 1998 Notice published for the second public hearing: October 14, 1998 Second Public Hearing: October 27, 1998 Institution date (Adopt Ordinance): November 17, 1998 Item for Individual Consideration Annexation Request-Lewis Page 1 Financial Considerations According to the Collin County Central Appraisal District, the marketing value of the property is $363,000 with an accessed taxable valuation of$21,450. 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, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). • Section 43.057 of the Local Government Code, states that if a proposed annexation causes an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. Should the Council approve this annexation, a five (5) acre out parcel in Murphy's extraterritorial jurisdiction (ETJ) will be totally surrounded by the City of Wylie proper. The five (5) acre out parcel is generally located along the north side of McMillan Road east of the 110 acre tract requested for annexation (see attached map). As a result, Council must find that surrounding this area is in the public interest prior to completing the annexation proceedings. Staff is of the opinion that surrounding this property is in the public interest due to the fact that the property will no longer be contiguous with the City of Murphy and based upon Wylie's ability to provide public services to the area. Also, please note that staff has contacted the City of Murphy in order to initiate a boundary agreement process and add the out parcel to the City of Wylie extraterritorial jurisdiction (ETJ). Commission Recommendation Not applicable Staff Recommendation Approval Attachments Applicant's,letter Exhibit "A" legal description Resolution No. 268 (Release from Murphy ETJ) City limits boundaries map Service Plan Annexation Ordinance 4;14 (60,6 Prepared by Revie by inance City Manager Approval Item for Individual Consideration Annexation Request-Lewis Page 2 • Mrs. Patsy Lewis 8421 Private Road#5201 Princeton,TCCaS 75407 March 5, 1998 Mr. Mike Phillips City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Annexation into the City of Wylie of an approximate 110 ,acre tract of land located at the northeast corner of McMillan and McCreary Roads, being situated in the J.M. Mitchell Survey, Abstract •No . 589, Collin County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property") Dear Mr. Phillips : Please accept this letter as my formal request to the City of Wylie to annex the Property into the jurisdiction of the City of Wylie promptly upon the disannexation of the Property from within the jurisdiction of the City of Murphy. Simultaneously with this annexation request, I have formally requested the City of Murphy to disannex the Property from within the jurisdiction of the City of Murphy. If there is anything further that I need to do in order to expedite the conclusion of this request, please let me know at once . Please do not hesitate to contact me should you have any questions . with respect to the foregoing or need anything further. I look forward to hearing from you. Very truly yours, Mrs . Patsy Lewis cc: Mr. Roy Bentle - Mayor City of Murphy Route 3, Box 448 Plano, Texas 75094 jjm\ltr\0198\lesdis.ann NOTICE OF PUBLIC HEARING CITY COUNCIL THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS WILL HOLD THE FIRST OF TWO PUBLIC HEARINGS ON TUESDAY, OCTOBER 13, 1998, AT 7:00 PM IN THE CITY COUNCIL CHAMBERS IN THE WYLIE MUNICIPAL COMPLEX LOCATED AT 2000 HIGHWAY 78 NORTH, TO RECEIVE PUBLIC COMMENTS CONCERNING THE ANNEXATION OF THE FOLLOWING DESCRIBED PROPERTY: BEING all that certain lot, tract or parcel of land situated in the J. W. Mitchell Survey, Abstract No. •589, Collin County, Texas, and being the same property conveyed to Patsy Sue Donihoo by J. 0. .1;lcWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942•at Page 488 of the Deed Records of Collin County, Texas, called•'110 acres in two tracts' of land end being more particularly described as 'follows: . • ; BEGINNING at,a 5/8" iron rod set for corner for the Southeast corner of Tract 2 of said Donihoo,.prope ty, said paint•being .the Southwest corner of c coiled 5.00 acre tract of land conveyed' to Gene Lewis by deed cs recorded in Volume 606 ct Page 546 of•the peed Records .of Collin County, Texas, and also being in the old canter of McMillan Road (County Road No. 298), (70 foot right-of-way, the North 20 feet .by proscriptive easement and the.South 50 feet by dedication); . THENCE North 89" 33' 04'•.West along the South' lino•of said Donihoo tract and following the North line.'of a 'celled,'120.6:42 acre tract''described- in Deed of Trust as recorded in-Volume. 1915 at.Page•654 of•the•Deed Records of Collin County, Texas, end following, the old;•center of McMillan Road .at 50.0 feet North of and parallel to the' North.line of a coned 115.155 acre'tract conveyed to Clayton/Cambridge 'Joint Venture as 'recorded•in'County Clerk•File No. 920045237 of the Deed Records of Collin'County;,Texas., and the South .line of McMillan Road for a. distance of. 1818.08 feet:(1815. feet deed) to a, railroad spike set for the Southwest.corner of said Donihoo 'property; • • THENCE North OCT .36' 4-4'•East'along the' West line of said Donihoo property and the called West line''of•the J. W. 'Mitchell Survey end-the called East line of the C. A. McMillan Survey, 'Abstract No. . 588•end following the center of McCreary Road (County'Road No. 245), •(60 foot undedicated•right-of-way) for a distcncc of 2669.91 fcet••(26-1-0 foot deed). to a railroad spike set in asphalt for corner, said point being 'the .Nor'.hxost corner of the Donihoo 110 acre tract and the called Norhwe,t•'corner of said J. W. Mitchell Survey end also being the Southwest corner of 'celled 80 acre 'tract conveyed to E. Donihoo by deed es recorded in Volume 549- ct Page 4-61 of the Deed Records of Collin County, Texas; THENCE North 89' 33 32- East along the common line of said called 110 acre tract end the 80 acre •tract and following the coiled :North line of the J. W. Mitchell Survey for a distance of 1821.84 feet (1815 feet deed) to c 1' iron pipe found for corner, cold point being the. Northeast corner of said called 110 acre tract end also being in the West line of o called .113.407 acre tract of land conveyed to.l`rilliam E. Campb•oll, Jr. - McCreary Road Limited Partnership by deed cs recorded in Volume 851 ct Page 802 of the Deed Records of Collin County, Texas; THENCE South 00" 40' 50' West along the common line of the called 110 oere tract and the called 113.407 acre tract and following the general line of old fence line for a distance of 2698.21 .feet (2640 feet'deed) to the PLACE OF BEGINNING and CONTAINING 112.1246 ACRES OF tANO, more or less, of which 2.6596 ACRES arc located in' the undedicated 20 foot right-of-way of McMillan .Road and the undedicated 30'foot right-of-way of McCreary Road leaving a net crec of 109.4650 ACRES OF LA.NO. . 24 56 12:06p • p.2 • -77 rTh RESOLUTION NO. 268 WHEREAS, Patsy Lewis, the owner of a 110 acre tract of land situated in the extraterritorial jurisdiction of the City of Murphy, Texas, has requested that the City release that property from its extraterritorial jurisdiction; and WHEREAS, Patty Lewis, desires to have the property annexed into the City of Wylie, Texas; and WHEREAS, the City of Murphy, Texas, is willing to cooperate in the release of the land from its extraterritorial jurisdiction to the extraterritorial jurisdiction of the City of Wylie and consent to the annexation of said land, conditioned upon the initiation of the annexation proceedings within six months of the datc of this resolution.and the completion of the annexation within eighteen months of the date of this resolution: NOW, THERF.FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS: That the 110 acres of land, more particularly described in Exhibit A,-attached hereto and made a part hereof for all purposes as though fully set out herein, is hereby released from the extraterritorial jurisdiction of the City of Murphy, Texas, and the City of Murphy does hereby consent to the annexation of said property to be annexed by the City of Wylie, Texas; IT IS FURTHER RESOLVED, HOWEVER, that this consent and release of the extraterritorial jurisdiction is valid only if the City of Wylie initiate-s annexation proceedings within six months of the date of this resolution and completes such proceedings within eighteen months of the date of this resolution. ADOETED this 6th day of April , 1998. Roy . Bentle, Mayor ATTEST: Linda B. Marley, City Se&etary APPROVED AS TO FORM: le . G; ore, City Attorney ram L s'iIr 7) • PARKER CITY LIMITS 1 I , . // ..,--- • 4 1 100. PACKER CITY LM � 'T / 1 \---....\ 1- ` ;-3� " _ le,..m„, ve si- .../ 70271?":06asp-0124 iir L"..\ ; ..• _ •..-4, .,- .-_:: rstO:IV- oh.F.,:x7....,...y--:. :„..zi..;_4..i.r.:: .._:... • ,.. .„,i ..,. .....=:.:.„.„. ,...„,.... _ . ....„ :.:'. kill I , I Imo; ,'� "'' Il=D ��•��IQ11al .11111111011,Ea +141 1A = " % 1.411 inl;annt %1=Jr e mil mum► ,oluitur/ • :1Mo --- _kon =.v kinuilmuwg_1 - === ■E, __num" Z� (z v - Iw1U�������1.= mk. Aso, \�i�l.=--r 4�vUJ" L ��I�������..• I�ILIiIiHI� VWIW// .CZ� ;p GM zi�I.�Vlnlllwl� PI 1 I ,i I I i =-i /IIUIIIIIIu r - c---k? ...------------- ---- TIT; j) 1 • "Exhibit B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: October 13, 1998 ACREAGE ANNEXED: 110 + ACRES SURVEY, ABSTRACT & COUNTY: J. W. Mitchell Survey Abstract No. 589 Collin County, Texas Municipal Services to the acreage described above shall be furnished 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 equipment 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. 1 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. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. 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 the 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. 3. 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. 4. 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. 5. 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. 2 C:Annex.ltr E. PARK AND RECREATION 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, 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 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. 3 C:Annex.ltr 3. 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 Ordinance 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 within 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 approved dedicated easements shall be maintained by the City 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 approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City 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 Ordinance and other applicable City ordinance 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. 4 C:Annex.ltr 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 administration 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. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. 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. 5. The Service Plan is valid for ten (10) years from the effective date of the Ordinance. Owneri n Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 110 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT NO. 589, BEING THE SAME PROPERTY CONVEYED TO PATSY SUE DONIHOO BY J.O. McWHIRTER AND WIFE, PERAL A. McWHIRTER, BY DEED AS RECORDED IN VOLUME 942 AT PAGE 488 DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated 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 43.052, 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 fmds 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 Council instituted 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 as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 deed records, Collin County, Texas. 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. 85-23A, 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. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments 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. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a 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 of Wylie 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 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: • BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION PUBLIC HEARING October 13, 998 Item No Issue Hold a public hearing and consider a request from Zlan, Ltd., for approval of a Temporary Specific Use Pen-nit,(SUP)for a Commercial outdoor amusement(proposed driving range) on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion (9 acres) of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas. Background The applicant is requesting a temporary Specific Use Permit (SUP) on 9 acres in order to develop the property with a golf driving range. Currently the property is zoned B-2 (Business) and partially developed with business uses. The property to the north is zoned B-2 (Business) and developed with business uses. The property to the east is vacant and zoned for B-2 (Business) uses. The property to the south is vacant and zoned for A (Agricultural) uses. The property to the west is zoned A (Agricultural) and partially developed with single family homes and the city's new fire station. Public Comment Forms were mailed to eleven (11) property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been returned. Other Considerations • The Comprehensive Plan recommends retail, commercial, and business uses for the property. The proposed land use is consistent with the Comprehensive Plan. • In every zoning district, certain specific uses are allowed when granted in accordance with Section 23 of the Comprehensive Zoning Ordinance No. 85-23A. In this particular case, the applicant must obtain a Specific Use Permit (SUP) due to the fact that a golf driving range is defined as a commercial outdoor amusement (Section 33.22 of the Comprehensive Zoning Ordinance No 85- 23 A). • In an effort to open the golf driving range as soon as possible, the applicant is seeking a temporary specific use permit in accordance with Section 23.2 (7) of the Comprehensive Zoning Ordinance No 85-23A. Specifically, in some cases, a temporary specific use permit may be issued with the approval of the Planning and Zoning Commission and City Council for a period not to exceed eighteen (18) months. Item for Individual Consideration Public Hearing-SUP Request Page 1 Should the Council approve the request for a temporary specific use permit (SUP), the applicant will be required to seek permanent zoning prior to the expiration of said temporary specific use permit. Also, the applicant is aware that approval of a temporary specific use permit does not establish permanent zoning and that it is his responsibility to request permanent zoning within eighteen (18) months. Should permanent zoning not be established prior to the expiration of an approved temporary specific use permit (SUP), all activity associated with the golf driving range temporary use shall be discontinued upon said expiration. • The applicant is aware that a minimum of thirty (30) off-street parking spaces must be provided and that improvements associated with creating said parking must be approved by the Community Development Department. • The applicant is aware that the property must be platted prior to the issuance of any building permits. • Specific development standards associated with this request are as follows: 1. The applicant intends to screen the majority of the property with netting. Specifically, the attached site plan indicates fifty(50)foot high netting parallel to Brown Street and forty (40) foot high netting along FM 1378 and the northern property line. All netting will be located on private property, attached to wooden telephone poles, and setback twenty (20) feet from the property line. 2. In order to light the facility the applicant is proposing seven (7) forty-five (45) foot high light poles. Staff recommends that the applicant verify the illumination area and add a note to the site plan documenting said information. 3. The site plan indicates that a structure may be built on the southeast corner of the property. The applicant is aware that the property will have to be platted prior to issuance of permits for any new structural development. Also, the applicant is aware that the proposed structure is not an accessory use to the existing business and, therefore, may be subjected to any development standards the Commission recommends and Council imposes. 4. The applicant is aware that if it is his desire to change the use of the property, including adding retail sales activity at this location, application for a new C.O. must be made prior to the occurrence of said change. 5. The applicant is aware that the property will have to be brought up to code prior to the issuance of a new C.O. or any building permits for future development. Financial Consideration Not applicable Commission Recommendation Staff will provide an update at the Octber 13, 1998, City Council meeting should the Commission take action at their October 6, 1998, meeting. Item for Individual Consideration Public Hearing-SUP Request Page 2 Staff Recommendation Approval, subject to the construction and approval of required off-street parking. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachment Applicant's Memo Location Map Area Zoning Map Public Comment Form Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Site Plans Zoning Change Application l') k Ce/146* Prepared by Revi d by Finance City Manager Approval Item for Individual Consideration Public Hearing-SUP Request Page 3 • To: City Of Wylie Texas(P&Z) LAN From: George Spencer Ltd Zlan,Ltd. 1615 w.Brown St. ZL4N LTD. Wylie, TX. 75098 (972)442-0558 Date: September 24, 1998 Re: P&Z issues regarding request for special usage (Professional/Public Golf Practice Range) at 1615 W. Brown St. This memo addresses issues/questions presented by Wylie's P&Z to Zlan during Monday's September 21, 1998 P&Z meeting. Appearance: P&Z Concern: Will this or the netting be an eye sore? Zlan Response: NO. Zlan is not building a typical golf driving range. Zlan is building a premier professional PGA practice area. Its intended market is for both the novice who wants to learn at a professional level under real golf course conditions and the professional golfer preparing for the PGA tour. Without advertising, the word is getting out about what Zlan is building in Wylie Texas. We have a request from a top named PGA golfer to use our practice facility. The biggest questions asked are, "When will you be open, where is Wylie Texas, and how can I get there?" Some key features that set Zlan apart from golf driving ranges are: 1. Real golf course conditions without the typical driving range amenities of target buckets, bells, and yard markers (a yardage pin placement card will be provided). 2. Six USGA(PGA) size target greens spaced to cover every iron. Of the six target greens two have fairway approaches of approximately 160 and 220 yards. 3. Professional turf use on both the tee box and putting green area. 1 1615 W. Brown St. • Wylie,Texas 75098-5363 • (972)442-0558 • Fax 442-0569 • zlan@msn.com 4. A special tee box area is provided to practice fairway rough, hardpan, fairway sand traps, and side/up/down hill lies. 5. All weather tee box area. A patio over the back tee line allows for both enclosed all weather tee stations and an expanded number of tee stations. 6. Approximately a half-acre is dedicated to the chipping and putting area. The putting area is a three tiered 9,000 square foot area with a sand hazard on the putting surface. The chipping area contains a chip and run, sand traps, and a four-foot high bunker. 7. The concession stand area will not only house the retail sales and maintenance; it will also contain a covered patio area and a horseshoe pit. 8. Professional golf lessons by a touring PGA Pro and an optional annual membership will be available. The netting, unlike that used on the cited Plano course, is the highest quality nylon netting made in the USA. The triple tied netting is designed to prevent/minimize runs and to give a transparent appearance. The netting comes with a 5-year warranty and can be maintained by the seller/installer. Lighting: P&Z Concern: Lighting encroachment on neighbors. Zlan Response: As lighting is required for golf usage after sunset,Zlan agrees to the following: 1. Initial lighting will be positioned to minimize illuminating areas other than Zlan property. 2. Zlan will address operational illumination issues as they are noted. Hours of Operation: P&Z Concern: Should there be restrictions on hours of operation? Zlan Response: Zlan's marketing numbers do not reflect the number of people who work shifts that would not allow them the opportunity to use the golf practice area. Therefore: 2 1. Zlan's normal hours of operation are expected to be from 7AM to 10PM. 2. Zlan's will restrict its hours of operation from 5AM to 2AM (closed from 2AM to 5AM). 3. Should Zlan determine that there are enough golfers desiring to use the facility on a 24-hour basis, Zlan will make a future request for expanded hours of operation. Parking: P&Z Concern: Does parking area meet city standards? Zlan Response: Zlan's fire lanes have been used for years to weigh trucks of up to 100,000 pounds in weight. The fire lane was recently used to weigh the City of Wylie's fire truck. Zlan initially paved its parking lot to hold down on dust. As an after thought, Zlan decided to consider a golf practice area as a business. 1. Zlan agrees that prior to opening the golf practice area Zlan will need to meet city parking lot codes. ADA: P&Z Concern: Will the facility meet ADA standards? Zlan Response: Yes. Both my brother and I had polio when we were young. At the age of 4 my brother (who is 11 years older than me) was required to used crutches and is now bound to a wheelchair. My brother is very active with ADA issues. Use of existing building: P&Z Concern: What activities/usages will be provided from the existing building? 3 Zlan Response: Zlan is in the process of platting and building a 600 square foot concession stand building to house all golf business activities, including retail sales. Due to the lengthy platting process, Zlan requests temporary usage of the existing building be allowed until the concession stand is built. Safety: P&Z Concern: What actions will Zlan take to insure the golf balls do not create an unsafe condition? Zlan Response: Ball safety is a major concern to Zlan; therefore, Zlan invested a lot of research and planning time prior to deciding to enter the golf business. Safety was divided into two general areas of concern: on premises and off premises. On Premises Safety: As this is a practice range not a driving range; all users will be encouraged to use the designated target areas. To insure tee line safety, tee station dividers (shank boards) will be used. Those customers that do not use the shank board area will be corrected and if necessary be asked to leave. Shank boards not only prevent badly hit balls from striking other practicing golfers they can be set to minimize hooks and slices over the netting. Zlan has purchased extra large special shank boards. Zlan extended the 50-foot netting to the back of the tee box to insure safety outside the tee box(concession stand, chipping and putting, and parking area). Off Premises Safety: Off premises safety is primary associated with potential ball damage. Three areas are potential hazards: to the South (Zlan and Brown St. [FM 3412]) to the North(Open B-2 [cattle]),and to the West (FM 1378 and residential). South: 4 The tee box is separated from adjoining Zlan property to the south by a 50 & a 40 foot high net (See site plan). The closest tee box is set back from Brown St by approximately 270 feet (90 yards). By the proper use of the shank boards, aiming at the target greens, the 50/40- foot netting, and the 270 feet setback,no balls should ever reach Brown St. Corrective Action: In the event that the above hitting guidelines are being followed and a customer hits a ball to Brown St. (which Zlan feels is not possible) the following action will be take: 1. Relocate the golfer to a tee box some 420 feet (140 Yards) from Brown St. 2. Or allow golfer to only hit balls in the presence of a golf instructor. Zlan may require the golfer to take lessons and demonstrate that they can stay inside of the netting. 3. If this is a chronic problem, Zlan is prepared to shut down offending tee boxes until netting is raised. North: The tee box and netting is separated from the adjoining north property by a distance of 10 to 60 feet and a 40 foot high net (See site plan). The present property owner has told Zlan it welcomes the golf practice area and intends to be a customer. The owner has no problem with stray balls being hit onto his property and has given Zlan permission to recover the balls as long as Zlan doesn't mind the cow patties. Hence, the netting was extended from the original site plan to minimize the cow patty effect. Again, by the proper use of the shank boards, aiming at the target greens, and the 40-foot netting,very few balls should ever enter the cow patty zone. Corrective Action: In the event that the above hitting guidelines are being followed and a customer hits balls to onto the North property the following action will be take: 1. Relocate the golfer to a tee box further away from the North property. 2. Or allow golfer to only hit balls in the presence of a golf instructor. If this is a chronic problem Zlan may require the golfer to take lessons and demonstrate that they can stay inside of the netting. 5 West: FM 1378 (Country Club Road)adjoins Zlan to the West. Due to traffic, this is the most sensitive safety area. Depending where Zlan establishes the front of the tee box area the 40-foot proposed netting will be at a distance of approximately 200 to 220 yards. The question is can a ball be driven over the FM 1378 netting, and if so, what is Zlan's corrective action? 1. Can a ball be driven over the netting? Maybe Are all golf balls created equal? Golf balls used at driving range have a different construction than those bought by golfers. Driving range balls have a solid core and a harder outer covering to prevent club damage to the ball (smiley). These balls travel only approximately 85% of the distance of a standard ball. Example: if a standard ball was hit 260 yards in the air,the same hit of a standard driving range ball would have gone only 221 yards(260 X 0.85). Driving ranges also buy limited flight balls. These balls are limited to about 65%of a standard ball and are typically rated not to carry more than 180 to 210 yards. 2. What is the effect if the ball does go over the net? Before I get into the basic physics of ball flight it needs to be noted that the front of FM 1378's pavement is 15 yards and the back of the pavement is 23 yards from the back of the 40-foot net. A professor at SMU wrote a math paper on the flight of a golf ball. I am pleased to report this math paper should not be needed to explain the first order of approximation of golf ball flight. The question is if a golf ball clears the 40-foot net, does it become a hazard to traffic on FM 1378. In basic High School physics we are taught that a golf ball hit in a vacuum will take the same distance to fall as it took to reach its apex (zero vertical velocity). This means, if a ball were hit 223 yards to clear a height of 40- feet then it would take an additional 223 yards for it to fall to the ground. Considering the road, the ball would have cleared the road by a height of approximately 40-feet and landed some 200 yards from the road. But we don't live in a vacuum, so what is the effect of air. Air reacts on the ball in a similar manner as it does to an airplane. A propeller driven plane literally screws itself through the air. It is able to achieve a screwing effect because air has resistance. Without air resistance 6 • the propeller would slip as a car trying to take off on very slick ice. The bottom line of this example is air has resistance and has an effect on the ball whether the air is calm, aiding or opposing the ball's flight. In general air works in a manner to restrict the flight of the ball... even with a tail wind. Using the first order of approximation, a ball hit at a distance of 200 yards to clear a 40-foot net would carry an additional 60 to 70 yards beyond the net. Applying this to the road safety factor: the ball would have cleared the road by a height of 15 to 30 feet (depending on wind), and horizontally cleared the road by 40 yards. First order of approximation conclusion: The 40-foot proposed netting is adequate to prevent any golf ball from clearing the netting and becoming a hazard to FM 1378 traffic. • Corrective Action: In the event that the above is empirically proven not to be true, Zlan will take the following action: 1. Require big ball hitters (ones who think they can or will drive over the 40-foot net)to hit limited flight balls when hitting their driver. 2. If a customer drives a limited flight ball over the net Zlan will restrict them to hitting with irons. 4. If this is a chronic problem, Zlan is prepared to restrict the use of drivers(irons only)until the netting is raised. Should you have further questions or would like to visit the facility I (George Spencer) can be reached through my pager at(972) 585-6001 or office(972)442-0558. Regards, George A. Spencer President&CEO of Zlan,Ltd. 7 I II I u T r, I ,111 _________-----x----v .., . ® u . .' I [ a 4 _ 4 McMillen P ❑ .-- (., _ _I 1 - ' ----If ' co SUBJECT P OPERTY J .... pi 1 u./ / •Milia ri � 1--- ‹ :. ,),„:...i,ii A �J // / Li a ilmw. W BROWN tF. ti .34t2 noi11 11/1TV: r— mills- 01:70 wII eirmaino: - nuuuiuIt jok .111 4 40 �i•�•I Iauw • iit� 4111 Vvi d 1 7-1/- -II�f �IU�Ul1 tel: 11- ❑ /e D ,( i Lj D— F. U L I/ 4 �`� 1 1 111 i inik int _ 2 . .. 5.41111141.111.1111 il l alb 411)1 yJy;;;" • I'"i" tt 1u11 • \- -[ 4' PROJECT LOCATION MAP ZONING CASE #98- 11 ' i i t 1 ii. . i I . .... . I SF1L . , i i i , , 1 1 1 1, ! ii _I� \ ,....___ iEl Lincoln Oirt n Dot'sn rilltsraal ; �, i `'M '�':, a iIm Eo o .._..___._.._.._..-'—- __, /_ i /enne• Inve I , A 1 1 1 1 /i i L J B 2 1 } . , ___ 1 I , it i , i ............,..........:,...........,...,... i 1 i ��N 1] ] 2 , / 1 1 1 1 I .. i ---- 6.0.0. 'i.d I 1 i i West Brow S'reet i -(-- 1 1 I 1 ! 1 1 - 1 I I 1 1 A / \. 1 I 1 I 85! 76 { P1 I ,/ A11.2 i ,: ;. Fi ;. ,A\ i r 1 _. i s i 7.---,- 1 i J ® i ii N F i 2/1 (2 . .Ncs. ZONING AREA MAP ZONING CASE #98- 11 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#98-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-11. Date,Location &Time of h C 2`3 , \ c \\S Planning&Zoning Commission meeting: Monday, October 6, 1998,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday,October 13, 1998,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: C Nn (please print) Address: ( �5 0 © C o Rac.� Wylie Tax Account Number (if shown on enclosed map): t^p-J 00 - ern k Signature: Date: el • '1'7 - 9 COMMENTS: - —.._.._.._.._.._.._.._.._.._.._.._..i . r\ t' M Mr ., 1'=300' City of Wylie F- Novid Properties, Inc. R-6351-000-0050-1 R-6022-000-0060-1 i i F- Hampton Living Trust R-6351-000-0020-1 - �—- Birmingham Land Ltd. _.._.._.._.._.._.._.._.._.._.._.._.._ _ _ R-6022-000-0010-1 _.._. Subject Property K.iBevis i R-6351-p00-0079-1 Gear e S ::.encer g p / _.._.._.._.._.._.._.._.._.. .-.._.._.._ R 0090 b022 000 1 D. Mulcahy i R-6351-000-0069-1 TxDOT west Browh Frances Wells Frances Wells2 R-6196-000-0010-1 R-6563-000-0020-1 / / PROPERTY OWNER NOTIFICATION MAP I ZONING CASE #98- 11 NOTIFICATION REPORT APPLICANT: George Spencer - Zlan Limited APPLICATION FILE # 98-11 1615 W. Brown Street # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 100 Taylor Street #101 1 Abst. 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. San Antonio, Texas 78205-1328 P.O. Box 446 2 Abst. 22 Tract 6 R-6022-000-0060-1 Novid Properties Josephine, Texas 75164 6800 Coit Road 3 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Piano, Texas 75023 6800 Coit Road 4 Abst. 196 Tract 1 R-6196-000-0010-1 Frances Bates Wells Plano, Texas 75023 405 FM 1378 5 Abst. 351 Tract 6-9 R-6351-000-0069-1 Deborah Mulcahy Wylie, Texas 75098 455 FM 1378 6 Abst. 351 Tract 7-9 R-6351-000-0079-1 Kenneth Bevis Wylie, Texas 75098 511 Dogwood Drive 7 Abst. 351 Tract 2 R-6351-000-0020-1 Hampton Living Trust Wylie, Texas 75098 2000 Hwy. 78 North 8 Abst. 351 Tract 5 R-6351-000-0050-1 City of Wylie Wylie, Texas 75098 Texas Department of Transportation P.O. Box 90 9 FM 3412 (Brown St) Bill Lovil McKinney, Texas 75069 Texas Department of Transportation P.O. Box 90 10 FM 1378 (Country Club) Bill Lovil McKinney, Texas 75069 Applicant 1615 W. Brown Street 11 Abst. 22 Tract 9 R-6022-000-0090-1 George Spencer-Zlan Ltd. Wylie, Texas 75098 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE (Temporary Specific Use Permit) Zoning Case Number: 98-11 Applicant: Zlan,LTD Location: Generally located at the northeast corner of Brown Street and FM 1378 Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: B-2 (Business) Requested Zoning: Temporary SUP(Specific Use Permit)for a commercial outdoor amusement(golf driving range). This public hearing is held to consider the application as a temporary amendment to the Comprehensive Zoning Ordinance of the City of Wylie, Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Monday, October 6, 1998, 7:00 PM City Council: Tuesday, October 13, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. lithe Commission recommends denial, a three-fourths majority vote by the City Council shall be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. if you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(f applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 lithe property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing.devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD) (972)442-8170 for assistance. , ,X/.1iL', Being a tract of land situated in the Charles Atterbury Survey, Abstract No. 22, Collin County, Texas, and being a portion of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded.in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas, and being more particularly described as follows: Beginning at a 5/8 inch iron rod found in the north right-bf-way line of Brown Street (F.M. 3412)for the southeast corner of aforementioned 23.4971 acre tract and being the southwest corner of a 658.48 acre tract of land conveyed to Mortgage . Investment Company of El Paso by deed recorded in Volume 2401, Page 360, Deed Records, Collin County, Texas; Thence, N 88°09'00" 131, along the north right-of-way line of Brown Street, a distance of 760.15 feet to a 1/2 inch iron rod set for a visibility corner; Thence, N 44'16'51" }V, a distance of 72.10 feet to a 5/8 inch iron rod found on the east right-of-way line of County Club Road (F.M. 1378); Thence, N 00°16'00" W, along said east right-of-way line, a distance of 422.60 feet to a 1/2 inch iron rod set for corner; Thence, N 90'00'00" E, a distance of 809.84 feet to a 1/2 inch iron rod set for corner in the west line of said 658.48 acre tract and the east line of said 23.4971 acre tract; Thence, S 00°15'18„ E, along said common line, a distance of 498.76 feet to the Point of Beginning and containing 9.000•acres.of land.' "_ Page 1 of 2 CITY OF WYLIE P.O. BOX 428 WYLIE, TX 75098 • APPLICATION FOR SPECIFIC USE PERMIT Case No. SUP Date Submitted 0' - ' C) — 9� Filing Fee $ Applicant LZ Address / )5 I, 1376)(,)/1 Si-:Phone No. `02- 4 05:53 w/ l' 7;& c1 e Work No. r3: c17 Z- c�85- 00 1 Owner ✓ Tenant Prospective Purchaser Legal description of property for which Specific Use Permit is requested (if additional space is needed, the description may be typed legibly on a separate sheet and attached hereto)2� lt�� A.cres 7/ 4c C.„Yl1Cr UaL FiM i376 (coe/47L,- 1-1-1-1 3 4--/ z. .g70 S-e -c I hereby request that a Specific.Use Permit be issued for the above described property for: /1 The current zoning on this property is i3 These am/are not deed restrictions pertaining to the intended use of this property. I have attached hereto as Exhibit A a plat showing the property which is the subject of this requested Specific Use Permit and have read the following note concerning the importance of my submitting to the City a sufficient legal description. • WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION PUBLIC HEARING October 13, 1998 Item No. Issue Hold a public hearing and consider a request from Pat Atkins for approval of a zone change from R (Retail),B-1 (Business), and MF(Multifamily)to PD (Planned Development)for single family residential uses for the property generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a 45.3768 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The applicant is requesting rezoning on 45.3768 acres in order to develop the property with a master planned single family residential community. The property to the north is zoned MI-1 (Mobile Home) and developed with a mobile home park. The property to the south is vacant and zoned A (Agricultural). The property to the east is vacant and zoned PD (Planned Development) for single family residential uses. The property to the southeast is vacant and zoned A(Agricultural) with an approved PD (Planned Development) concept plan for single family residential uses. The property to the west is not within the City of Wylie proper. Public Comment Forms were mailed to sixty-four (64) property owners within 2110 feet of this request. No Public Comment Forms have been returned. Financial Considerations Zoning Change Application Fee - $225.00 Issues: 1. The Comprehensive Plan recommends Single Family Residential uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the surrounding residential to the north. 2. The applicant is filing this PD in order to ensure a quality development and request one (1) variance to the single family residential requirements. Specific reductions to the single family residential area regulations being requested are as follows: Item for Individual Consideration Public Hearing-Zoning Case No. 98-07 Page 1 lthan betwee n structur es and Not less th n 6 ft. on each .............. for and20 ft. the lt side fo n o' t iyards adjacent 15ft. for side side to a side yards adjacent r side street. to r str eet. Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must have two means of access or approach. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a median divided street or divided entry to satisfy this requirement. Riverway Lane was preliminary platted as the one point of divided approach for Phase I of Sage Creek(the 62 acre tract to the east). The applicant is proposing to utilize Riverway Lane as the one point of divided approach for both Phase I and Phase III. As a result and consistent with the City's traffic consultant (Transportation Strategies, Incorporated), staff recommends that no more than 20% of the lots (26) in this phase should be permitted prior to secondary access being provided. Park Plans for the City recommend that an additional five (5) acres be dedicated and provided adjacent to a school site playground proposed as a joint use concept or neighborhood park. The Parks Board reviewed this proposal at their July 27, 1998, and voted unanimously to accepted payment in lieu of park land dedication. Per the Park Board recommendation, the applicant has removed the proposed park land dedication. • The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. • The applicant will be required to plat the property prior to the issuance of any building permits. Planning and Zoning Commission Update: At the August 3, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this case to August 17, 1998, as the applicant indicated that the conceptual plan would be revised to minimize the variance request for lot area. At the August 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this case to September 8, 1998, in order to give staff an opportunity to review the revised conceptual plan. Specifically, the revised conceptual plan had not been submitted for staff review and, therefore, was not included in the August 17, 1998, Planning and Zoning Commission packet. The Planning and Zoning Commission public hearing concerning this request was scheduled for the September 8, 1998, Commission meeting. However, due to unanticipated circumstances, the September 8, 1998, Commission meeting was canceled. As a result, this case had to be re-advertised for the September 21, 1998, Planning and Zoning Commission meeting. At the September 21, 1998, Planning and Zoning Commission meeting, the Commission voted by 6-0 to favorably recommend this case. Item for Individual Consideration Public Hearing-Zoning Case No. 98-07 Page 2 City Council Update: In accordance with state and local law, this case was currently advertised for public hearing before the Planning and Zoning Commission and City Council. As a result, the scheduled public hearing was held by the City Council at their August 25, 1998, meeting. However, due to the fact that the Commission had not forwarded a formal recommendation to the Council concerning this case, City Council voted unanimously to table this case to the scheduled joint meeting with the Planning and Zoning Commission on September 8, 1998. However, due to unanticipated circumstances, the September 8, 1998, Council meeting was canceled. As a result, this case had to be re-advertised accordingly for Planning and Zoning Commission and City Council public hearings. Staff Recommendation Approval, subject to the following stipulation: No more than 20% of the lots (26) in this phase shall be permitted for construction prior to secondary access being provided. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Proposed Land Data Concept Plan D ivy Prepared by l Revi d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Zoning Case No. 98-07 Page 3 F1: • WYLIE CITY COUNCIL {u. Agenda tz Tuesday, October 6, 1998 7:30 p.m. Wylie Municipal Complex-Council Conference Room =f` 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order . . .. . ..... . .. . .. ... . Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter;and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Worksession Dissuss issues relating to the reconstruction of South Ballard. I certify that this Notice of Meeting was posted on this the 2nd day of October, 1998 at 5:00 p.m. as required by law in accor ce to Section 551.042 of the Texas Government Code. Secretary Date Notice Removed he 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 9721442-8100 or TDD 972/442-8170. itrL ``---- Cit umt: � PARER CRY L M s tt1uum F/itil1iii►,.t" T. uininuu��O��tpttuutrC� mmuuiiilits U City Limits P E E P U 2. _ SUBJECT PFtOPE FRTY \,1�11111mmr■yITunnitllirV . -it Rival) 9111►. 0461. U111111111 =_/ �. 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'',..,‘ '...,.. ....-4V'' ';''''52Fi'Sr-i""-41'455.31-13f46-114.7'V'tgIN 7...00 -e foiz..4-..... .±, ...„,,,,-...„.....„:.:,...,..,,,i.„ i PARKER INTERNATIONAL 1 CORP. — CHIU CHEN i R-6849-000-0040-1 i i i i PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98-07 NOTIFICATION REPORT APPLICANT: Pat Atkins, Tipton Engineering APPLICATION FILE # 98-07 6630 Belt Line Garland, Tx 75043 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 252 252 Valeen Lane 1 SFMHP M-5030-000-252D-1 Robert J. Cooper Wylie, Texas 75098 253 253 Valeen Lane 2 SFMHP M-5030-000-253C-1 Trinidad Stadleberger Wylie, Texas 75098 254 254 Valeen Lane 3 SFMHP M-5030-000-2540-1 William Markarian Wylie, Texas 75098 746 746 Valeen Lane 4 SFMHP M-5030-000-746E-1 Steven T. Johnson Wylie, Texas 75098 745 745 Valeen Lane 5 SFMHP M-5030-000-745-1 Orlando Fonseca Wylie, Texas 75098 255 255 Valeen Lane 6 SFMHP M-5030-000-255B-1 Jeanette Nutt Wylie, Texas 75098 256 256 Valeen Lane 7 SFMHP M-5030-000-256F-1 Larry E.Williamson Wylie, Texas 75098 257 257 Valeen Lane 8 SFMHP M-5030-000-257C-1 James K. Nations Wylie, Texas 75098 258 258 Valeen Lane 9 SFMHP M-5030-000-2588-1 Raymond Brill Wylie, Texas 75098 259 259 Valeen Lane 10 SFMHP M-5030-000-259A-1 Steven Bogart Wylie, Texas 75098 260 260 Valeen Lane 11 SFMHP M-5030-000-260E-1 Mary Spurlin Wylie, Texas 75098 261 261 Valeen Lane 12 SFMHP M-5030-000-261E-1 Timothy Birdwell Wylie, Texas 75098 262 262 Valeen Lane 13 SFMHP M-5030-000-262A-1 Rebecca L. Holt Wylie, Texas 75098 263 263 Valeen Lane 14 SFMHP M-5030-000-263E-1 Daniel McCarley Wylie, Texas 75098 264 264 Valeen Lane 15 SFMHP M-5030-000-264E-1 Sergio Fallad Wylie, Texas 75098 265 324 2nd Street W. 16 SFMHP M-5030-000-265B-1 John A. Rauch III Baird, Texas 79504-6216 _ 266 266 Valeen Lane 17 SFMHP M-5030-000-266D-1 Don Hestand Wylie, Texas 75098 267 CMH Parks Inc. #402 P.O. Box 15169 18 SFMHP M-5030-000-267C-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 268 P.O. Box 1749 19 SFMHP M-5030-000-2680-1 Randy Hamlin Wylie, Texas 75098 269 269 Valeen Lane 20 SFMHP M-5030-000-2690-1 James Kane Wylie, Texas 75098 557 21 SFMHP No Listing 556 556 John Ross Lane 22 SFMHP M-5030-000-556D-1 John Profitt Wylie, Texas 75098 363 P.O. Box 861454 23 SFMHP M-5030-000-363A-1 Marie Sawyer Plano, Texas 75086-1454 362 362 Sue Ellen Lane 24 SFMHP M-5030-000-362A-1 John Tyson Wylie, Texas 75098 360 360 Bobby Avenue 25 SFMHP M-5030-000-360G-1 Henry Kaminski Wylie, Texas 75098 361 361 Bobby Avenue 26 SFMHP M-5030-000-361 D-1 Charlotte Tass= Wylie, Texas 75098 316 316 Bobby Avenue 27 SFMHP M-5030-000-316F-1 Glen Schrier Wylie, Texas 75098 315 315 Bobby Avenue 28 SFMHP M-5030-000-315D-1 Mark Malone Wylie, Texas 75098 313 29 SFMHP No Listing 314 4013 Windy Crest Drive 30 SFMHP M-5030-000-314A-1 Steven Williams Carrollton, Texas 75007-1513 271 CMH Parks Inc. #402 P.O. Box 15169 31 SFMHP M-5030-000-271 B-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 270 270 Jena Lane 32 SFMHP M-5030-000-270E-1 Michael Neel Wylie, Texas 75098 559 33 SFMHP No Listing 558 558 Valeen Lane 34 SFMHP M-5030-000-558C-1 Joe L. Bergin, Jr. Wylie, Texas 75098 551 CMH Parks Inc. #402 P.O. Box 15169 35 SFMHP M-5030-000-551 B-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 , 552 552 John Ross Lane 36 SFMHP M-5030-000-5520-1 Leonard Dox Wylie, Texas 75098 _ 553 553 John Ross Lane 37 SFMHP M-5030-000-5530-1 Lorraine Walter Wylie, Texas 75098 554 554 John Ross Lane 38 SFMHP M-5030-000-554B-1 Melody Turnbull Wylie, Texas 75098 - 555 555 John Ross Lane 39 SFMHP M-5030-000-555C-1 Glen Hodge Wylie, Texas 75098 513 513 Ellie Court 46 SFMHP M-5030-000-513E-1 John W. Sanders Wylie, Texas 75098 514 514 Ellie Court 45 SFMHP M-5030-000-514D-1 George Dawson Wylie, Texas 75098 515 515 Miss Ellie Court 44 SFMHP M-5030-000-515C-1 Archie Smith Wylie, Texas 75098 516 516 Ellie Court 43 SFMHP M-5030-000-516E-1 Alfonso Perez Wylie, Texas 75098 517 517 Ellie Court 42 SFMHP M-5030-000-517E-1 Virginia Huyer Wylie, Texas 75098 518 518 Miss Ellie Circle 40 SFMHP M-5030-000-518E-1 Terry Bahe Wylie, Texas 75098 519 CMH Parks Inc. #402 P.O. Box 15169 41 SFMHP M-5030-000-519C-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 505 505 Miss Ellie Circle 54 SFMHP M-5030-000-505E-1 Oscar Douglas Wylie, Texas 75098 506 CMH Parks Inc. #402 P.O. Box 15169 53 SFMHP M-5030-000-506E-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 507 507 Miss EIIie Circle 52 SFMHP M-5030-000-507B-1 Annie Dafft Wylie, Texas 75098 508 51 SFMHP No Listing 509 509 Miss Ellie Circle 50 SFMHP M-5030-000-509A-1 Mana Hudson Wylie, Texas 75098 510 510 Miss Ellie Circle 49 SFMHP M-5030-000-5100-1 Stephen D. Swinnea Wylie, Texas 75098 511 CMH Parks Inc. #402 P.O. Box 15169 48 SFMHP M-5030-000-511 D-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 512 521 Miss Ellie Circle 47 SFMHP M-5030-000-512C-1 Phyllis Swentik Wylie, Texas 75098 709 709 Miss EIIie Circle 58 SFMHP M-5030-000-709E-1 Raymond Reynolds Wylie, Texas 75098 710 710 Miss Ellie Circle 57 SFMHP M-5030-000-710C-1 Brad Lundberg Wylie, Texas 75098 711 56 SFMHP No Listing 712 712 Miss Ellie Circle 55 SFMHP _ M-5030-000-712A-1 Tracey McNichol Wylie, Texas 75098 3500 Oak Lawn LB 14 56 Abst 849 Tract 2 M-6849-000-0020-1 The Texas Presbyterian Foundation Dallas, Texas 75219-4371 3500 Oak Lawn LB 14 57 Abst 849 Tract 3 M-6849-000-0030-1 The Texas Presbyterian Foundation Dallas, Texas 75219-4371 Parker International Corporation 2556 Morning Glory Drive 58 Abst 849 Tract 4 M-6849-000-0040-1 Chiu Chen Richardson, Texas 75082-2316 William E. Campbell, Jr. 16475 Dallas Parkway, #500 59 Abst 849 Tract 11 M-6849-000-0110-1 Reservoir Limited Partnership Dallas, Texas 75248-2639 504 CMH Parks Inc. #402 P.O. Box 15169 60 SFMHP M-5030-000-504A-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 708 708 Miss Ellie Circle 61 SFMHP M-5030-000-708A-1 Nancy Gore Wylie, Texas 75098 713 62 SFMHP No Listing 520 520 Miss Ellie Circle 63 SFMHP M-5030-000-520E-1 Jeffrey Stoker Wylie, Texas 75098 Pat Atkins 6330 Broadway, Suite C 64 Tipton Engineering, Inc. Garland, Texas 75043 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL . An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-07 Applicant: Tipton Engineering,Inc. Attn Pat Atkins Location: Generally located along the east side of McCreary Road just south of Southfork Mobile Home Park Property Description: Being all of that certain lot tract or parcel of land situated in the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas(See the attached Exhibit"A"for full legal description) Present Zoning: MF(Multifamily),R(Retail), and B-1 (Business) Requested Zoning: PD(Planned Development)for single family residential uses Proposed Master Planned Single Family Community. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Monday,September 21, 1998,7:00 PM City Council: Tuesday,October 13, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. • BEING all of that certain lot, tact or parcel of land situated in the City of Wylie,Texas, out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the property conveyed to The Texas Presbyterian Foundation,a Texas non-profit corporation, by deed as recorded in Volume 2275 at Pase 155 of the Deed Records of Collin County, Texas,and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian Foundation tract,said point being in the center of McCreary Road(100 foot right of way) and also being the Northwest corner of a 50 foot permanent roadway and utility easement conveyed to the City of Wylie,Texas as recorded in Volume 2245 at Page 29 of the Deed Records of Collin County,Texas; THENCE,N 89° 56' 39"E,and passing the Southwest corner of a tract of land conveyed to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at 55.03 feet and continuing along. the common line of said Clayton/Cambridge tract and The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet deed)to a 5/8"iron rod found for corner,said point also being. the Northwest corner of a tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in Volume 872 at Page 153 of the Deed Records of Collin County,Texas; THENCE, S 02° 21' 37" W, along, the common line of said Campbell tract and The Texas Presbyterian Foundation tract for a distance of 1499.60 feet(1502.41 feet deed)to a 1/2"iron rod found for corner; THENCE,N 86° 13'20"W,and continuing along.the common line of said Campbell and The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe found for corner, said point being the Northeast corner of a tract of land conveyed to Parker International Corporation by deed as recorded in County Clerk File No. 94- 0076703 of the Deed Records of Collin County,Texas; THENCE, N S9° 20' 39" W, and following the north line of said Parker International Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner,said point being in the center of the aforesaid McCreary Road(100 foot right-of-way); THENCE,N 01° 50' 33"E,along. the center of said McCreary Road and the West line of The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet deed)to the PLACE OF BEGINNING and containing.45.3768 acres of land more or less. Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee $225.00 Date Applicant PAT ATKINS/TIPTON ENGINEERING, INC. Phone No. 972-226-2967 Mailing Address: Work No. 972-226-2967 6330 Broadway, Suite C Garland . Texas 75043 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 See attached sheet I hhe hh6� re est th t the above described property be changed from its present zoning which is and B 1 Re a l'1 District Classification to P-D Single Family District Classification for the following reasons: (attach separate sheet if necessary) To provide for upscale Master Planned Single Family Community There (we) (are not) deed restrictions pertaining to the intended use of the property. Status of Applicant QW3ORq Engineer Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showi the property 'oh is the subject of this requested zoning change and have read the folio ' g concerning the imp rtance of my submitting to the City a sufficient legal description. Signed REC'D MAY 2 01998 WYLIE CITY COUNCIL • INDIVIDUAL CONSIDERATION - October 13, 1998 Item No. Issue Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Sage,Creek, Amending the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas and generally located along the,east side of McCreary Road just south of Southfork Mobile Home Park. Requested by Pat Atkins. Background The preliminary plat/development plan under consideration is Phase III of Sage Creek Estates. The applicant is preliminary platting 45.3768 acres in order to develop the property with a master planned single family residential community. The development plan aspect of this case is the final step associated with establishing the PD (Planned Development) zoning requested in ZC. No. 98-07. In order to establish a PD (Planned Development), the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner as required by Staff, and be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once Staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The Second phase of establishing a PD District is submitting for approval a Development Plan. The Development Plan shall set forth the final plans for the PD District and shall conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. Other Considerations • The Comprehensive Plan recommends Single Family Residential uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the surrounding residential to the north. Item for Individual Consideration Preliminary Plat-Sage Creek Phase III Page 1 • Staff has reviewed the proposed preliminary plat/development plan for Phase III of Lakeside Estates and found it to be in compliance with the concept plan proposed in ZC. No. 98-07. Should the Council approve ZC. No 98-07, the Preliminary Plat/Development Plan is in compliance with the Conceptual Plan proposed in said zoning case and, therefore, should be approved accordingly. • The applicant is filing this PD in order to ensure a quality development and request one (1) variance to the single family residential requirements. Specific reductions to the single family residential area regulations being requested are as follows: n betw een n structures and Not less than 6 ft. on each 0 ft.> 1 1101000.1008111.>:.;;:.>;:.;:.;:.;;:.::: for n 20 ft.lot o d of the side adjacent 15ft. for side yards si de to as side str eet. side yards ds adjacent to a sd e r s t eet. • Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must have two means of access or approach. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a median divided street or divided entry to satisfy this requirement. Riverway Lane was preliminary platted as the one point of divided approach for Phase I of Sage Creek (the 62 acre tract to the east). The applicant is proposing to utilize Riverway Lane as the one point of divided approach for both Phase I and Phase III. As a result and consistent with the City's traffic consultant (Transportation Strategies, Incorporated), staff recommends that no more than 20% of the lots (26) in this phase should be permitted prior to secondary access being provided. • Park Plans for the City recommend that an additional five (5) acres be dedicated and provided adjacent to a school site playground proposed as a joint use concept or neighborhood park. The Parks Board reviewed this proposal at their July 27, 1998, and voted unanimously to accepted payment in lieu of park land dedication. Per the Park Board recommendation, the applicant has removed the proposed park land dedication. • The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. • The applicant will be required to plat the property prior to the issuance of any building permits. Financial Consideration Application fee: $383.00 Commission Recommendation At the September 21, 1998, Planning and Zoning Commission meeting, the Commission voted by 6-0 to favorably recommend this case. Item for Individual Consideration Preliminary Plat-Sage Creek Phase III Page 2 Staff Recommendation Approval, subject to the following stipulations: A. Per Section 5.01 C. (1) (b) of Ordinance 93-33, Subdivision Regulations, secondary access shall be required for Development Plan of Sage Creek Phase III at the time one (1) of the following two (2) events occur: 1. Application for housing permits have been submitted for 20% of the lots within Development Plan of Sage Creek Phase III; or 2. Two calendar years beginning with the date of adoption of this ordinance. A. Subsequent to the occurrence of one (1) of the two (2) above referenced events, no permit of any kind will be issued within the Development Plan of Sage Creek Phase III prior to the City's final approval and acceptance of secondary access for Development Plan of Sage Creek Phase III. n ( Q/14.4-, Prepared by Revie ed by Finance City Manager Approval Item for Individual Consideration Preliminary Plat-Sage Creek Phase III Page 3 Page 1 of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date Name of Proposed Development LAKESIDE ES I ATES PHASE III Name of Property 6M/Developer PARAMOUNT LAND DEVELOPMENT, INC. Address 15851 Dallas Parkway, Suite 100 Phone 972-490-3255 Dallas , Texas /5248 Owner of Record THE TEXAS PRESBYTERIAN FOUNDATION Address 3500 Oak Lawn Ave. , Suite 300 Phone Ddllds , Texas 75219 . Name of Land Planner TIPTON ENGINEERING, INC. Surveyor/Engineer Address 6330 Broadway , Suite C Phone 972-226-2967 Garland , texas 75043 Total Acreage 45.376 Current Zoning P-D Single Family ivumber of Lots/Units 200 Signed_, PA1 -A KINS, REPRESENTATIVE UPTON ENGINEERING, INC . The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable 1. The boundary line (accurate in scale and orientation) of the tract to be subdivided. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. (a) 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" attached hereto and made a part hereof for all purposes. (b) The use of all property in such area being limited to and governed by the following conditions: Permitted Uses: Single Family Detached Dwellings, Public Schools, and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. Area Regulations: Front Yard: Minimum front yard building line 25' (Twenty-Five Feet). To be measured from the front building line. Rear Yard: There shall be a rear yard having a depth being not less than 25' (Twenty-Five Feet) with a minimum of 25' (Twenty Feet) for garage setbacks. Side Yard: A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). Lot Width: There shall be a minimum lot width of 60' (Sixty Feet) measured at the front building line. Minimum Lot Depth: There shall be a minimum lot depth of 100' (One Hundred Feet) and 100' (One Hundred Feet) at cul-de-sac. Height Regulations: No building shall exceed 30' (Thirty Feet) or two (2) stories. Minimum Dwelling Size:Minimum dwelling size shall be 1,600 sq. ft.(One Thousand Six Hundred Square Feet). Lot Coverage:In no case shall more than 60% (Sixty Percent) of the total area be covered by the combined area of the main buildings and accessory buildings. Minimum Masonry: Facade: All main buildings shall have exterior construction of a minimum of 75% (Seventy-Five Percent)brick, tiles, cement, concrete, stone or similar materials. Screening Wall: Proposed masonry screening wall shall be located on private property and maintained by the Homeowners Association. Secondary Access: Per Section 5.01 C. (1) (b) of Ordinance 93-33, Subdivision Regulations, secondary access shall be required for Development Plan of Sage Creek Phase III at the time one (1) of the following two (2) events occur: 1. Application for housing permits have been submitted for 20% of the lots within Development Plan of Sage Creek Phase III; or 2. Two calendar years beginning with the date of adoption of this ordinance. (c) Subsequent to the occurrence of one (1) of the two (2) above referenced events, no permit of any kind will be issued within the Development Plan of Sage Creek Phase III prior to the City's final approval and acceptance of secondary access for Development Plan of Sage Creek Phase III. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1998. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary SAGE CREEK PHASE III WYLIE, TEXAS PROPOSED LAND USE DATA LOW DENSITY RESIDENTIAL PLANNED DEVELOPMENT SAGE CREEK PHASE III RESIDENTIAL PROPOSED ZONING: TRACT ACRE ZONING NO. OF UNITS DENSITY S.F. 45.3768 Single 129 2.84 Family (10 acres school site) TOTAL ACRES: 45.3768 129 2.84 I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 7,200 SF. 2. FRONT YARDS Minimum front yard building line 25' (Twenty-five Feet). 3. REAR YARDS There shall be a rear yard having a depth being not less than 25' (Twenty-five Feet) with a minimum of 25' (Twenty-five Feet) for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). .5. MINIMUM LOT WIDTH There shall be a minimum lot width of 60' (Sixty Feet) measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of 100' (One Hundred Feet) and 100' (One Hundred Feet) at Cul-de-Sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. 8. HEIGHT REGULATIONS No building shall exceed 30' (Thirty Feet) or two (2) stories in height. 9. MINIMUM DWELLING SIZE Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet). 10. LOT COVERAGE In no case shall more than 60% (Sixty Percent) of the total lot area be covered by the combined area of the main buildings and accessory buildings. 11. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75% (Seventy Five Percent) brick, tiles, cement, concrete, stone or similar materials. II. DEVELOPMENT STANDARDS: 1. Provisions for a divided entry off of McCreary Road to allow for additional access along with landscape identifying features for the Master Planned Subdivision. 2. Provisions for the Master Thoroughfare Plan for the Collector Systems. 3. Provisions for Master Homeowners Association and Deed Restrictions. 4. Paving design to adhere to the City of Wylie's standards allowing for 4" crowns.