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12-14-1999 (City Council) Agenda Packet NOTICE OF MEETING Wylie City Council Agenda Tuesday, December 14, 1999 6:00 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 Proclamations and Presentations Proclamation in Recognition by the Wylie Police Department of Actions taken by Mr. Zach Fattani. Citizens Participation Consent Agenda All matters listed 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 from the consent agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of November 9 and Special Called Meeting of November 16, 1999. B. Consider and act upon a final plat for the Summit Private School Addition,proposed by Jonvitch,Inc.,for the property generally located at the southwest corner of Brown Street and Rustic Trail and being all of a 4.039 acre tract out of the Samuel B. Shelby Survey, Abstract No. 820,City of Wylie,Collin County,Texas. C. Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of F.M. 1378. D. Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of South Ballard Avenue/Sachse Road. E. Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin County and the City of Wylie concerning construction of Stone Road. F. Consider and act upon approval of a Resolution supporting submission of an application for a Texas Preservation Fund Grant. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider and act upon and ordinance Annexing all of a certain 4.9455 Acre tract situated in the John W. Mitchell Survey, Abstract No. 589,Collin County,Texas. .. .......................... . 2. Hold a public hearing to consider and act upon a request from Orinda Capital Partners L.P.,for approval of a zone change from A(Agricultural)to PD(Planned Development) for a master planned single family residential neighborhood, for the property generally located at the northeast corner of FM 544 and McCreary Road just north of the railroad tracks and being all of a certain 100.5989 acre tract out of the Moses Sparks Survey, Abstract No. 849,City of Wylie, Collin County,Texas. ZC No. 99-08 3. Hold a public hearing to consider and act upon a request from Campbell Wylie Partners, for approval of a zone change from A(Agricultural)to MF(Multi-family),for the property generally located at the northeast corner McCreary Road and McMillen Road and being all of a certain 4.9455 acre tract out of the John W. Mitchell Survey,Abstract No. 589, Collin County,Texas. ZC.No. 99-09 4. Consider and act upon a Preliminary Plat for the Redwood Mobile Home Estates Phase II addition,proposed by Graphic Engineering for Clayton Homes Inc.,generally located at the southeast corner of FM 544 and Vinson Road and being all of a 23.4775 acre tract and all of a 34.5528 acre tract out of the E.M. Price Survey,Abstract No. 1114, City of Wylie, Dallas County,Texas. 5. Consider and act upon a final plat for Sage Creek Phase V, proposed by Tipton Engineering for Paramount Land Development,for the property generally located at the northwest corner of FM 544 and Spring Creek Parkway just north of the railroad tracks and Lakeside Estates Phase I and being all of a certain 15.3998 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas. 6. Consider and act upon approval of a formal request to the Planning&Zoning Commission to develop a Street Naming Policy recommendation. Staff Reports Work Session ♦ Development Services Presentation + Pre-design for Kirby + Discussion of 1999 Bond Program and Other Capital Projects Adjournment. In addition to specifically identified.Executive Sessions, Council may convene into F.Y.'cutive Session at any point during the open meeting to discuss any item posted on this agenda. Specific sections of the open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media contacted. City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible.Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442.8100 or TDI).72/442-8170. WYLIE CITY COUNCIL CONSENT AGENDA ITEM December 14, 1999 Isamta Consider and act upon a final plat for the Summit Private School Addition,proposed by Jonvitch, Inc.,for the property generally located at the southwest corner of Brown Street and Rustic Trail and being all of a 4.039 acre tract out of the Samuel B. Shelby Survey,Abstract No.820, City of Wylie,Coffin County,Texas. Background: The final plat under consideration is for the Summit Private School Addition. The applicant is final platting 4.039 acres of land in order to develop Lot 1, Block A,with a private school(day care facility). The property is currently vacant and zoned for R(Retail)uses. Other Considerations: • Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. The plat also complies with State Law as it pertains to the subdivision of land. • The applicant is aware that all impact fees must be paid prior to the issuance of building permits. Financial Considerations: Plat application fee in the amount of$178.00- Paid Commission Recommendation: At the December 7, 1999, Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Commissioner Dowdy was absent. Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Final Plat Application 'e71/ '\(\ 1 ,KS1 jt\*. Prepared by ¼wed& ce City Manager Approval 1 Page 1 of 3 City of Wylie (1/95) RECEIVED APPLICATION AND FINAL PLAT CHECKLIST NOV 2 9 1999 Date R Z1 J ciCi CITY OF WYLIE p % Name of ()CA Pro osed Development flikt M1�- 'f SC(1 a O ( ka I A 0 IV Name of Property Owner/Developer oViA-0k) N C Address - ` � N � �NS'{-iG YnJW5(i 2j TX, Phone(7Z)442-5707 Owner of Record V 0 V 0C j I-C Address 5' ^'A- Phone 5544 Name of Land Planner 1 .a/ CON n1 aC.cy E/ktt OG ake.fi urveyor ngineer Address Q TS4' i.s ..A r J J I ac.( f Phone(21., 31#a-9 4%5 � Total Acreage ', 'Q 3 °\ C res Current Zoning R 2k a Number of Lots/Units - Signed R The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. 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 Final Plat Checklist is used to check compliance with the er and a Wylie gui oSdi r those Regulations. The following checklist is intended only y a remrequirements. WYLIE CITY COUNCIL CONSENT AGENDA ITEM G December 14, 1999 Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin :County and the City of Wylie concerning the construction of F.M.1378. Background: City of Wylie voters approved as part of the 1999 City Bond Program, improvements to F.M. 1378. The road would be rebuilt as a four land divided ultimate build out six lanes,between F.M. 544 and F.M. 3412 -Brown Street. The intersection of F.M. 1378 and F.M. 544 is improved to urban standards and is signalized. The roadway crosses Muddy Creek and a DART rail line. The DART rail line is currently in use by commercial freight service. The project will include consideration of railroad crossing signals and gates and railroad preemption signal phasing at F.M. 544 and F.M. 1378. The northern terminus of the project will include the intersection of F.M. 1378 and F.M. 3412. There are two curves in the section to be realigned,which do not conform to current design standards. Preliminary drainage investigation suggests that the Muddy Creek crossing can be handled with a multi-barrel box culvert. If this holds true, the more expensive bridge construction will not be required. Collin County is taking the lead role on this project. The County will prepare plans, accept bids, and award a contract for the project and administer the construction contract. The County will also acquire any necessary real property necessary to construct the improvements. Nathan D. Maier, Consulting Engineers, Inc., has been awarded the design contract for the F.M. 1378 project. Since F.M. 1378 is a state highway, the project must be designed and constructed to TxDOT and AASHTO standards and in accordance with TxDOT procedures. Because F.M. 1378 is within the City of Wylie, the project must conform to the Wylie Thoroughfare Plan and standards. We must maintain a high level of coordination among and between these jurisdictions. Approval of the Interlocal Agreement allows the process to begin for this project. Formal approval of the construction contract will be requested of the Wylie City Council. Financial Considerations Collin County estimated this project cost of$2,064,000. The City and County will share the costs equally for this project. The City 1999 Bond Program includes the City's fifty-percent match for this project. Other Considerations N/A 70_ jnk Prepared By evi ed by Finance City Manager Approval INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF F.M. 1378 IMPROVEMENTS 1999 BOND PROJECT # WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of improvements to F.M. 1378 (the "Project") in Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The County shall arrange to construct improvements to F.M. 1378, hereinafter called the "Project". The Project shall consist of constructing a four-lane divided thoroughfare, a distance of approximately 5800 ft. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The County shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the County shall comply with all state statutory requirements. The County shall provide the City with a copy of the executed construction contract(s) for the Project. ARTICLE III. The County shall also acquire (will complete at a later date) acres of real property in the vicinity of the improvements for use as right-of-way. 1 ARTICLE IV. The County estimates the total actual cost of the project to be $2,064,339. The City agrees to fund one half of the total cost to construct the improvements in an amount not to exceed $1,032,169. The City shall remit 50 percent of this amount $516,084 to the County within thirty (30) days after the County issues a Notice to proceed to the lowest responsible bidder and the County requests payment or upon the availability of bond funds for this Project, whichever occurs later. The City will remit the remaining 50 percent within thirty (30) days after receipt of notice from the County that the Project is 50 percent complete. Following completion of the Project, the County shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein, the County shall remit the City 50 percent of the difference between the estimated cost and the actual cost. The City Council may revise this payment schedule based on the progress of the Project. The "total cost of the Project" shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. ARTICLE V. If the total cost to construct the Project exceeds the amount estimated in Article IV above, the County and City shall share the excess costs equally, However, the City's participation in the Project shall not exceed $ 1,032,169. ARTICLE VI. The County shall prepare for the City an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law,the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto,their successors,heirs,personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement,the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement hall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. 3 APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Ron Harris Title: Title: County Judge Date: Date: Executed on this day of , 1999, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF ,TEXAS By: By: Name: Barbara Salinas Name: Mike Collins Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Richard Abernathy Title: City Attorney Date: 4 WYLIE CITY COUNCIL CONSENT AGENDA ITEM 17, December 14, 1999 Consider and act upon,authorizing the City Manager to enter into an Interlocal Agreement between Cain County and the City of Wylie concerning the construction of South Ballard Av'enue/ achsc Road. Background: City of Wylie voters approved as part of the 1999 City Bond Program, improvements to South Ballard Avenue/Sachse Road. The road would be reconstructed as a four-lane divided between Stone Road and Alanis. Collin County voters approved as part of the 1999 Collin County Bond Program, improvements to Sachse Road south of Alanis Road. This portion would be rebuilt as a two-lane roadway. Collin County officials have agreed to allow the Collin County Bond funds to be coupled with City funds to create a single project. The new project would extend 5,600 feet south from the Stone Road intersection. The improvements will also include construction of underground storm sewers as part of the road improvements. The City is taking the lead role on this project. The City will prepare plans, accept bids, and award a contract for the project and administer the construction contract. The City will also acquire any necessary real property necessary to construct the improvements. Approval of the Interlocal Agreement allows the process to begin for this project. The construction contract will be submitted for City Council approvaL The Hogan Corporation has been authorized by City Council to design this project. Financial Considerations The estimated project cost of the project is $2,141,293. The City and County will share the costs equally for this project this estimated amount. The City would be responsible for any additional costs if the bid amount is greater than the estimate. If the City is faced with such a situation, the scope of the project could be reduced or the contract not awarded. The County will remit fifty percent (50%) of the project cost to the City within 30 days after a notice to proceed is issued. The County will remit the remaining fifty percent within 30 days after receipt of notice from the City that the project is fifty percent (50%) complete. Other Considerations N/A )n � I )11,utt. LO.tv1/240. Prepared By ' evie it by '� u ance City Manager Approval INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF SOUTH BALLARD/SACHSE RD IMPROVEMENTS 1999 BOND PROJECT # WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of improvements to South BallardlSachse Rd. (the "Project") in Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to South Ballard/Sachse Rd., hereinafter called the "Project". The Project shall consist of constructing a four-lane divided road, a distance of approximately 5600 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City shall also acquire (to be completed later) acres of real property in the vicinity of the improvements for use as right-of-way. 1 ARTICLE IV. The City estimates the total actual cost of the project to be $2,141,293. The County agrees to fund the cost to construct the improvements in an amount not to exceed $1,070,647. The County shall remit 50 percent of this amount $ 535,323 to the City within thirty (30) days after the City issues a Notice to proceed to the lowest responsible bidder and the City requests payment or upon the availability of bond funds for this Project, whichever occurs later. The County will remit the remaining 50 percent within thirty (30) days after receipt of notice from the City that the Project is 50 percent complete. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein, the City shall remit the County 50 percent of the difference between the estimated cost and the actual cost. The Commissioners Court may revise this payment schedule based on the progress of the Project. The "total cost of the Project" shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. ARTICLE V. If the total cost to construct the Project exceeds the amount estimated in Article IV above, the County and City shall share the excess costs equally, However, the County's participation in the Project shall not exceed $1,070,647. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement hall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. 3 APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Ron Harris Title: Title: County Judge Date: Date: Executed on this day of , 1999, by the County of Collin, pursuant to Commissioners' Court Order No. . ATTEST: CITY OF ,TEXAS By: By: Name: Barbara Salinas Name: Mike Collins Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Richard Abernathy Title: City Attorney Date: 4 • t Engineering Department October 7, 1999 Mike Collins • City Manager (.'iiy of Wylie 2000 State highway 78 North Wylie,Texas 75098 Re: 1999 Bond Projects 99-I05, 99-107 FM 544(Stone Rd.),& Ballard/Sachse Rd. Interlocal Agreements(ILA) Dear Mike: I enclose a draft blank copy and a computer disc containing the interlocal agreement for 1999 bond projects. Please complete an ILA for each project and fax me a cope for our review and comment before submittal to city council and commissioners court. Earlier this summer, Stanton Forester,you and I discussed the possibility of combining adjacent city projects with the county funded projects in order to receive more favorable bids. We are still receptive to this idea. Although the county funded projects could be combined with projects exclusively funded by the city, each project would need to be accounted for separately since the funds for the county projects are firm. The 1999 County Bond Program allocated S300,000 for FM 544(Stone Rd.) from Ballard St. to Akin LIE; and SI,071,000 for Ballard/Sachse Rd. from S. of Twin Lakes to Muddy ('reek Bridge. Projected funding for these 2 projects is October 1999 and October 2000, respectively. We appreciate your help completing the ILA approval process as expeditiously as possible. Please call me if you have any questions. Sincerely, 6 /dioojel) Ru)en E. Delgado, P. F. Director of Engineering Xc: Bob Lindberg 700 A West Wilmeth McKinney, Texas 75069 • (972)548-3727 • Metro 424-1460 Ext. 3727 • FAX (972)548-3754 WYLIE CITY COUNCIL CONSENT AGENDA HEM NO. • December 14, 1999 Issue: Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of Stone Road. Background: City of Wylie voters approved as part of the 1999 City Bond Program, improvements to Stone Road. The street would be reconstructed as a four-lane divided between Ballard Street and Akin Lane, a distance of 2800 feet. The improvements will also include construction of underground storm sewers as part of the road improvements. Collin County voters approved as part of the 1999 Collin County Bond Program, improvements to Stone Road. Collin County officials have agreed to allow the Collin County Bond funds to be coupled with City funds to create a single project. The original Collin County Bond Project called for Stone Road to be resurfaced as a two- lane asphalt road, with no drainage improvements. The City of Wylie Bond Program approved a four-lane divided project. Financial Considerations The total project estimate is $2,000,000. The County's participation is capped at $300,000 and can be remitted to the City this fall. Other Considerations N/A rill;/(kt. et,te'Vv. Preparedly Review y Finance City Manager Approval INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF STONE ROAD IMPROVEMENTS 1999 BOND PROJECT # WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of improvements to Stone Road(the"Project") in Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Stone Road (Ballard to Akin Lane), hereinafter called the "Project". The Project shall consist of constructing a four- lane divided road, a distance of approximately 2800 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City shall also acquire (to be determined) acres of real property in the vicinity of the improvements for use as right-of-way. 1 ARTICLE IV. The City estimates the total actual cost of the project to be $2,000,000. The County agrees to fund the cost to construct the improvements in an amount not to exceed $300,000. The County shall remit the total amount $300,000 to the City within thirty (30) days after the City issues a Notice to proceed to the lowest responsible bidder and the City requests payment or upon the availability of bond funds for this Project, whichever occurs later. Following completion of the Project,the City shall provide a final accounting of expenditures for the Project. The Commissioners Court may revise this payment schedule based on the progress of the Project. The "total cost of the Project" shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. ARTICLE V. If the total cost to construct the Project exceeds the amount estimated in Article IV above, the County and City shall share the excess costs equally, However, the County's participation in the Project shall not exceed $300,000. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement hall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. 3 APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Ron Harris Title: Title: County Judge Date: Date: Executed on this day of 1999, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF ,TEXAS By: By: Name: Barbara Salinas Name: Mike Collins Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Richard Abernathy Title: City Attorney Date: 4 t Engineering Department October 7, 1999 Mike Collins City Manager ('iiy of Wylie 2000 State Highway 78 North Wylie,Texas 75098 Re: 1999 Bond Projects 99-105, 99-107 FM 544(Stone Rd.),& Ballard/Sachse Rd. Interlocal Agreements(ILA) Dear Mike: I enclose a draft blank cope and a computer disc containing the interlocal agreement for 1999 bond projects. Please complete an ILA for each project and fax me a copy for our review and comment before submittal to cite council and commissioners court. Earlier this summer,Stanton Forester,you and I discussed the possibility of combining adjacent cite projects with the county funded projects in order to receive more favorable bids. We are still receptive to this idea. Although the county funded projects could he combined with projects exclusively funded by the city, each project would need to be accounted for separately since the funds for the county projects are firm. The 1999 County Bond Program allocated $300,000 for FM 544(Stone Rd.) from Ballard St. to Akin Ln.: and SI,071,000 for Ballard/Sachse Rd. from S. of Twin Lakes to Muddy Creek Bridge. Projected funding for these 2 projects is October 1999 and October 2000, respectively. We appreciate year help completing the ILA approval process as expeditiously as possible. Please call me if you have any questions. Sincerely, 6 .4-1,•"=:7O Ru nen E. Delgado, P. F. Director of Engineering Xc: Bob Lindberg 700 A West Wilmeth McKinney, Texas 75069 • (972)548-3727 • Metro 424-1460 Ext. 3727 • FAX (972)548-3754 RESOLUTION NO. A RESOLUTION SUPPORTING THE SUBMISSION FOR AN APPLICATION FOR A TEXAS PRESERVATION FUND GRANT. WHEREAS, the city of Wylie recognizes the importance of the old courthouse on the square and its unique relationship to downtown McKinney;and WHEREAS,the City of McKinney has expressed an interest in utilizing the building within its Quality of Life Program and has further expressed that interest by preparing a feasibility study for the adaptive reuse of the building;and WHEREAS, the City of McKinney has approved application for a Texas Preservation Fund Grant that will permit the continuation of the study by preparation of the detailed design and construction cost budget phase; and WHEREAS,the state of Texas has provided that such grant require approval by the owner of the building to be considered for the planning project. WHEREAS,on December 14, 1999 the Wylie City Council met in Regular Session with the following members present and participating,to wit: Mayor John Mondy Councilman Place 1 Joel Scott Councilwoman Place 2 Reta Allen Councilman Place 3 Jim Swartz Councilman Place 4 Merrill Young-absent Councilman Place 5 J.C.Worley Councilman Place 6 Chris Trout NOW,THEREFORE BE IT RESOLVED,that the City of Wylie, Texas, does hereby grant its permission to proceed with the grant application. Passed and approved on this 14th day of December, 1999. John Mondy,Mayor Attest: Barbara Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 1. December 14, 1999 Isom Consider and act upon and ordinance Annexing all of a certain 4.9455 Acre tract situated in the John W.Mitchell Survey, Abstract No. 589,Collin County,Texas. Background: The City of Wylie has received a request for annexation from Lafayette Properties, Incorporated, on a 4.9455 acre tract generally located along the north side of McMillen Road across the street from the Southfork Mobile Home Park. 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's 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# 282). 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, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 9, 1999, and November 16, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 14, 1999. Notice published for the first public hearing: October 27, 1999 First Public Hearing: November 9, 1999 Notice published for the second public hearing: November 3, 1999 Second Public Hearing: November 16, 1999 Institution date(Adopt Ordinance): December 14, 1999 Financial Considerations: Not applicable 1 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 Resolution Ordinance 1"k. 1/2'ire— ')11 6,devx.4) Prepared by evi b inance City Manager Approval 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 4.9455 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE JOHN W. MITCHELL SURVEY, ABSTRACT NO. 589;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 extratemtonal junsdiction 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 in"Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 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 1999. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News • BEING all that certain tract or parcel of land situated in the John W. Mitchell Survey. Abstract No. 589. Collin County, Texas, same being all of that certain called (5.00) acre tract of lond conveyed to Gene Lewis by deed recorded in Volume 606, Page 546 of the Deed Records of Collin County. Texas. and being more particularly described by metes and bounds os follows: BEGINNING of a 5/8' iron rod found for corner at the southwest corner of said Lewis tract, same being at the southeast corner of that certain 55 acre tract of land conveyed as "Tract 2" to Potsy, Sue Donihoo by J.O. McWhirter end wife, Pearl A. McWhirter by deed recorded in Volume 942, Page 488 of the Collin County Deed Records, and being in the north line of that certain (115.155) acre tract of land known os Southfork Mobile Home Pork conveyed to Clayton/Cambridge Joint Venture by instrument recorded under County Clerk's File Number 92-0045237, Collin County Deed Records, and being in the centerline of old McMillan Road - County Road No. 298. and the south line of o 20 foot prescriptive rood easement and the north line a 50 foot right-of-way dedicated by said Southfork Mobile Home Park. and from which a roilrood spike found at the intersection of sold centerline of old McMillan Road, with the centerline of McCreary Road, bears North 89' 33' 04" West, o distance of 1818.08 feet: THENCE North 00' 40' 50" East, along the meanders of on old wire fence and the north line of said Donihoo troct, at o distance of 20 feet passing the north line of said old McMillan Rood and the north line of said prescriptive easement, and continuing on a total distance of 834.61 feet to a 5/8" iron rod found for corner of the northwest corner of said Lewis (5.00) acre tract, some being a common westerly southwest corner of that certain called (113.407) acre tract cf land conveyed to William E. Campbell, Jr., Trustee - McCreary Road Limited Partnership by deed recorded in Volume 881, Page 802 of the Collin County Deed Records; THENCE North 89' 47' 50" East, along the meanders of on old wire fence a distance of 264.00 feet to a 5/8" iron rod found for corner at the northeast corner of said Lewis (5.00) acre troct and o interior corner cf said Campbell (113.407) acre tract; THENCE South 00" 40' 50" West, at a distance of 812.3 feet passing an iron pipe found at a corner fence post, of a distance of 817.60 feet passing a 1/2" iron rod found in the north line of aforesaid prescriptive easement of old McMillan Rood, and continuing on o total distance of 837.60 feet to a 5/8" iron rod found for corner at the southeast corner of soid Lewis (5.00) acre tract and the common southerly southwest corner of said Campbell (113.407) acre troct, some being in the centerline of said old McMillan Rood, and being in the north line of that certain called (51.096) acre tract of land conveyed to Debra S. Thurmond by deed recorded under County Clerk's File No. 95-0090832 and correction deed under County Clerk's File No. 0017370; THENCE along the centerline of said old McMillan Rood, and the centerline of o 40 foot prescriptive rood easement, North 89' 41' 40" West, o distance of 16.65 feet to a 5/8" iron rod found for corner at the northwest corner of said Thurmond (51.096) ocre tract and the northeast corner of aforesaid Clayton/Cambridge Joint'Venture (115.155) acre tract and the northeost corner of aforesaid dedicated 50 foot right-of-way; THENCE continuing along the centerline of said old McMillan Road. and the south line of said 20 foot prescriptive rood easement and the north line of said dedicated 50 foot right-of-way, North 89' 32' 36" West. o distance of 247.35 feet to the POINT or PLACE OF BEGINNING and CONTAINING 5.0668 ACRES OF LAND. which includes 0.1213 ACRES OF' LAND lying in said 20 foot prescriptive road easement, for o NET AREA OF 4,9455 ACRES OF LAND, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNE I D AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT &COUNTY: 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 "EXIIIBIT B" 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 "EXHIBIT B" 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 "EXHIBIT B" 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 "EXHIBIT B" 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. Owner Signature 5 C:Annex.ltr WYLIE CITY COUNCIL AGENDA ITEM NO. 2' • December 14, 1999 Li old a H public hearing to consider and act upon a request from Orinda Capital Partners L.P.,for approval of a zone change from A (Agricultural) to PD (Planned Development) for a master planned single family residential neighborhood, for the property generally located at the northeast corner of FM 544 and McCreary Road just north of the railroad tracks and being all of a certain 100.5989 acre tract out of the Moses Sparks Survey,Abstract No.849,City of Wylie, Collin County,Texas Background: The conceptual plan under consideration is for McCreary Estates. The applicant is requesting rezoning on 100.5989 acres in order to develop the property with a master planned single family residential community. The properties to the north and east are zoned PD (Planned Development) for master planned single family uses. The property to the west is not within the City of Wylie proper. The property to the south(south of the railroad)is vacant and zoned for B-2(Business)uses. Public Comment Forms were mailed to thirteen(13)property owners within 200 feet of this request. One(1) Public Comment Form in opposition has been returned. Other Considerations: • The Comprehensive Plan recommends Country Residential (1 acre single family) uses for the property. The proposed land use is consistent with the Comprehensive Plan only in terms of the single family residential aspect. Specifically, the applicant is proposing a gross density of 3.1 dwelling units per acre and a net density of 3.5 dwelling units per acre(lots ranging from 7,200 - 10,000 sq. ft.). The applicant is also proposing 10.6 acres of HOA open space. Staff is of the opinion that the proposed zoning does not meet the intent of the Comprehensive Plan as it relates to density and preservation of open space. • The applicant is filing this PD in order to ensure a quality development and request an amendment to the Comprehensive Plan. The following tables provide a summary of the development standards being proposed. Please note staff has incorporated the development standards approved within the DR Horton PD in order to provide a comparison(last column of each table. The DR Horton zoning case was approved by the City Council with an average density of 2.13 dwelling units per acre. Proposed SF-A . 7,200 sq.ft 7,200 sq.ft. 7,200 sq.f. 25 ft. 25 ft. 20 ft 25 ft. 25 ft 25 ft. 6 ft. Not less than 6 ft.on each S ft.and I5 ft.for side side of the lot and 20 ft.for yards adjacent to a side side yards adjacent to a side street. street. �jj � 100 ft. 100 ft. 110 ft. ti 60 ft- No ft. 60 ft. ems , 6:12 None required 6:12 - # ;< No house elevation shall be No regulations No house elevation shall be constructed adjacent to each constructed adjacent to each other. other. Landscapinga 6 inches(diameter)of trees, None required 2 inch tree(s),eighteen 18 three gallon shrubs,and shrubs,and front yard sod sod from fence to curb 75%masonry veneer,brick, 75%masonry 75%masonry veneer,brick, stone,or stucco stone,or stucco 1,600 sq.ft. 1,100 sq.ft. 1,600 sq.ft. Proposed SF-B . >� fl « .,„'-,! "7 r s r .fir"f ra -I 9 +.�. r ;rvr a y_ ♦ n t v < f r _ r 8,500 sq.ft. 8,500 sq.ft. 8,400sq.ft *. 'y � �s 25 ft. 25 ft. 25 ft. 25 ft 25 ft 25 ft. 7 ft Not less than 7 ft on each 7 ft and 17 ft.for side side of the lot and 20 ft.for yawls adjacent to a side side yards adjacent to a side street. street. 100 ft. 100 ft. 115 ft. - � 60 ft. 60 ft 70 ft 6:12 None required 6:12 No house elevation shall be No regulations No house elevation shall be constructed adjacent to each constructed adjacent to each other. other. II 6 inches(diameter)of trees, None required 4 inch tree(s),eighteen 18 two gallon shrubs,and shrubs,and front yard sod sod from fence to curb I ' �' 75%masonry veneer,brick, 75%masonry 75%masonry veneer,brick, stone,or stucco stone,or stucco " 1,800 sq.ft. 1,500 sq.ft. 1,800 sq.ft. 2 Proposed SF-C ,zr .n i��i� % �r eA �b , �♦veYf�s Sri f t i. ' ln_ . e �. 7 �r V:e.:4 ��2A� rv�la ,i -I R d w .-. 10,000 sq.ft. 10,000 sq.ft. 20,000 sq.ft. ! 25 ft. 25 ft. 30 ft. 25ft. 25ft 25ft. 8 ft. Not less than 8 ft.on each 10 ft.and 20ft.for side side of the lot and 25 ft.for yards adjacent to a side side yards adjacent to a side street. * street. 100 ft. 100 ft. 125 ft. 1Minimum� 60 ft. 60 ft. 75 ft. K , t w rr�z 6:12 None required 6:12 No house elevation shall be No regulations No house elevation shall be constructed adjacent to each constructed adjacent to each other. other. 6 inches(diameter)of trees, None required 6 inch tree(s),eighteen 18 two gallon shrubs,and shrubs,and front yard sod �� sod from fence to curb , ': 75%masonry veneer,brick, 75%masonry 75%masonry veneer,brick, stone,or stucco stone,or stucco 2,000 sq.ft. 1,800 sq.ft. 2,400 sq.ft. • The applicant is incorporating approximately 10.6 acres of HOA open space. • The applicant is proposing a community center encompassing a pool, cabana, and tot lot (playground). Staff recommends that the applicant also provide off street parking for the community center. The applicant is aware and has agreed. • The applicant is proposing a 50-75 ft. landscape area encompassing a wood screening wall with masonry columns along McCreary Road. Staff recommends that the applicant also incorporate a meandering sidewalk within this area(Maintained by HOA). The applicant is aware and has agreed. • The applicant is proposing a 100 ft buffer with a chainlink fence along the railroad right-of-way (Maintained by HOA). Staff recommends that the applicant also incorporate a landscaped berm in this area(consistent with Lakeside Estates to the east). • The applicant is proposing a 25 ft landscape area along the Springwell Parkway(Maintained by HOA). • The applicant is proposing three landscaped entry ways of McCreary Road(Maintained by HOA). • In order to determine the developmental impact on the roadway system,the applicant authorized the firm of Innovative Transportation Solutions, Inc. to complete an updated traffic impact study(TIS) for the proposed development including impacts associate with the Lakeside Estates/Sage Creek development to the north and east and the proposed Creekside Estates development to the north. 3 • In order to verify the findings of the applicant's TIS, staff authorized the City's traffic consultant Stanton Foerster(Foerster Engineering, LLC),to review the Innovative Transportation Solutions TIS. Please note that Mr. Foerster will be present or provide a memorandum at the meeting to elaborate on his findings and recommendations. • The applicant is aware that a final plat must be approved prior to the issuance of building permits. • The Master Parks Plan does not recommend dedication in this area. The applicant is aware that park dedication fees will be required in lieu of land dedication. Financial Considerations: Rezoning application fee in the amount of$550.00- Paid Commission Recommendation: At the December 7, 1999,Planning and Zoning Commission meeting,the Commission voted by 4-2 to favorably recommend this case per the staff stipulations(including comments from Stanton Foerster). Commissioner Dowdy was absent and Commissioner's Ahrens and George voted nay. Specifically, Commissioner's George and Ahrens expressed concerns regarding the proposed density as it relates to the objectives of the Comprehensive Plan. Staff Recommendation: Denial due to the fact that the proposed density does not meet the intent of the Comprehensive Plan. Should the Commission approve this case, staff recommends that recommendations underlined above and the recommendations from the City Traffic Consultant be considered. Attachments: Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Comment Forms Public Hearing Notice Zoning Change Application Proposed Land Data Conceptual Plan ��;% /,►I ...sue , . I \ Prepared by '' evie ar by Finance City Manager Approval 4 L 17 n McMillen 12 lisil ='mnn ma G=rsi Is ii ❑ '1.) canulou = =� minnm plumigio__\=?`is N j4�pP e pn mil oauW1►% _ — =IIIl!s s l =. �w wmrnuuu�=E �► �? -_zv ` .41111 mil. I/II .�=:�--- - n. �gd tr ZS'-V* C A1On\\•::'C*•3C: I 4p11W►// inn r.:��.► :, IIIIIIninif11�-1 y E•,�_I�I/11nnnU- 2 IAw,E= *We/ Iimm�n '��=5 !-I \IIUUf1111111 r. LL P 18UUnnnl~lei iiiinunu11ll 1 Ill/IIII11,P ririvig • Para E.eau' immiim. mini NI II ,1 I 'a ❑ L L. CO L 0 U 2 11 'IIIIIII tY MY limits Ia � :,.:47:unirrti7IIIII� ■ ,:._— _� _�_� fir .. sit FM 544 ir 1. 11MOW41,„ ,I. _lc- moliono ad ii LP- a I I 1,-) .11116 tlit 111111 LOCATION MAP ZONING CASE #99-08 ,w__fa 8' . • , , \ I 0 • , ,_ et • 10 a ____ ----- -._. --- -- 1 /\ mor PD 1" - 500' ).' SUBJECT PROPERTY 0 R-6849-000-0040-1 Z I- 0 ---------------- z PD a 1 .. ._.._.. .1 ' 7-- , lin • / City Limits imi --' il. 11 r rullz . • 4 ilk 4/IIIIIIIIIIIIII/ 4 _ 1171L.__ LOOM 13.,_j .1 •: :, NI mi:7N; ; / ...:2"-Int•.),..1•Ak•...:.7,1•— i : I i .----1 1 R_ 1: 1 i:. li— —r-7—r-- ZONING AREA MAP ZONING CASE #99-08 1 1Ng 1 i in --2:1-Rtql,11;9Loo o-oo2a . , \ v 1" - 500' Ashton Custer SUBJECT R-6849-000-0110-1 PROPERTY. R-6849-000-0040-1 Ashton Custer R-6849-000-0100-1 ' City Limits i 1-71----7.0. r 1 1 - I - al%) _._._.._.. .._.._._.._. ..- _._.._._.._. _ `—` -mow- 1 T.._.._.._.._. .. .. - - - - -••-.._.._..- ii Wylie Retail Ptnrs , i R-ssag�o0-00so-1 Moss con ctlon co. K._wt111ams ; i i R-6 9�Od�00 R-282001-0010-1 i! k.6-09-000- .._..� I i 04 I: 70-1 R-2820-001-0020-1 1' 0390-1 i L.._.._--i! 1 II :1 I I i F. M. 944 I i PROPERTY OWNER NOTIFICATION MAP ZONING CASE #99-08 NOTIFICATION REPORT APPLICATION FILE # 99-08 APPLICANT: Orinda Capital Partners, L.P. 8235 Douglas Ave. #650 Dallas, Tx 75225 OWNER NAME ADDRESS # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY 15851 Dallas Pkwy. #100 Ashton Custer LLC Addison, Texas 75001-3359 1 Abst 849 Tract 2 R-6849-000-0020-1 Chiu Chen and 2556 Morning Glory Drive Parker International Corp. Richardson, Texas 75082-2316 2 Abst 849 Tract 4 R6849-000-0040-1 8235 Douglas Ave. #650 Wylie Retail Partners Dallas, Texas 75225-6015 3 Abst 849 Tract 6 R-6849-000-0060-1 8235 Douglas Ave. #650 Wylie Retail Partners Dallas, Texas 75225-6015 3 Abst 849 Tract 7 R-6849-000-0070-1 1101 N. Union Bower Rd. #160 Gehan Homes Ltd. Irvin , Texas 75061-5850 4 Abst 849 Tract 8 R-6849-000-0080-1 1101 N. Union Bower Rd. #160 Gehan Homes Ltd. Irvin , Texas 75061-5850 5 Abst 849 Tract 8-9 R-6849-000-0089-1 15851 Dallas Pkwy. #100 Ashton Custer LLC Addison, Texas 75001-3359 6 Abst 849 Tract 10 R-6849-00-0100-1 15851 Dallas Pkwy. #100 Ashton Custer LLC Addison, Texas 75001-3359 7 Abst 849 Tract 11 R-6849-000-0110-1 Kathleen W. James 201 Rosehill Road 8 Abst 849 Tract 39 R-6849-000-0390-1 c/o John R.Williams Mineola, Texas 75773-9321 Kathleen W. James 201 Rosehill Road c/o John R.Williams Mineola, Texas 75773-9321 Abst9 849 Tract 39-9 R-6849-000-0399-1 P.O. Box 66016 DART Railway Dallas, Texas 75266 10 Abst 849 Tract 42 R-6849-000-0420-1 3455 W. FM 544 Moss Addition Moss Construction Co. Hal Moss Wylie, Texas 75098-9401 11 Blk 1 Lot 1 R-2820-001-0010-1 3455 W. FM 544 Moss Addition Moss Construction Co. Hal Moss Wylie, Texas 75098-9401 12 Blk 1 Lot 2 R-2820-001-0020-1 Applicant 8235 Douglas Avenue #650, LB-65 Tract 4 R-6849-000-0040-1 Orinda Capital Partners, LP Dallas, Texas 75225-6015 13 Abst 849 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#99-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-08. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,December 7, 1999,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14, 1999,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: / /)'J if 5 6` .(.(f I / / T1 —,2�< c.-1,14L (please print) �-. Address: �� — V 1 - ( t K di�L Wylie Tax Account Number C� (if shown on enclosed map): I J m e) Signature: C J ,�-h _.t_✓ 701-(L :Q�� Date: / , _`C ~ COMMENTS: '9 ► (� /z -- �-�r ate. -f-Q-S2-12-eAt 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: 99-08 Applicant: Orinda Capital Partners,L.P. Road and FM 544 just north of the railroadLocation: Generally located at the northeast corner of McCreary tracks. Property Description: N/A(See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: PD(Planned Development) Proposed master planned single family neighborhood. This public hearing is held to consider the application as an amendment to the a fComollo rehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered Planning and Zoning Commission: Tuesday,December 7,1999,7:00 PM City Council: Tuesday,December 14,1999,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie, exas within 200 feet of the request,as such ownership appears on the last approved This notice has been sent Action all byo thehers ao ninreal andperty onte bythe City Council shall citytax roll. Planning Zoning Commission serves as a recommendation to the City Council and is notpproved bythe amendments and conditions recommended by the Commission for approval a final action on the request. If the Commission recommends denial,athree-fourths majority be required for approval. Zoning districts, City Council may be more restrictive than those described in this notice•express their opinions on the zoning change request. If part of the public record,in please zoning the geenclosed form and All interested to attend,are but wish tod have attend the opinionsn hearing and you own and the tax account number f you are unable to wish your made a return it prior to the public hearing.and lreturn it to the following addresease print your name,address s: f City property applicable)on the enclose form City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 r to the public rs of 20%or more of the land within the 200 foot notification require area file a written ea affirmative voteprotest 3/4 rio the members of If the property awne approval of the zoning change request shall hearing,state law provides that app the City Council. Texas. For PlanningDepartmentHighway78 North,Wylie,case number when The ti nal in application is information, filep for public contact ct thexame la nn in Departmenthe at 97 42-8150 2000 Pleas eference the zoning additional information,please contact the Planning P requesting information. handicapped parking spaces are available. Requests for interpretation services or This facility is wheelchair must beible and hhours prior t g P Secretary at services 442-8103, assistive hearing devices made 48 hours to the meeting. Contact the Office of the City or(TDD)(972)442-8170 for assistance. Exhibit A BEING all that lot, tract or parcel of land situated in the City of Wylie , Collin County, Texas , out of the Moses Sparks Survey, Abstract No. 849 and being a part of the 306.965 acre tract of land conveyed to Parker International Corporation by deed recorded in County Clerk' s File No. 94-0076703 of the Land Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod sec for the intersection of the North line of the St. Louis & Southwestern Railroad (100 foot right of way now occupied by Dallas Area Rapid Transit) , with the East line of a 50 foot Roadway and Utility Easement conveyed to the City of Wylie by deed recorded in Volume 2240 at Page 941 of the Deed Records of Collin County, Texas , said 50 foot right of way being known as McCreary Road; THENCE North 1 degree 51 minutes 13 seconds East, along the East line of McCreary Road and the East line of said 50 foot Roadway and Utility Easement, a distance of 1078 .80 feet to a 5/8" iron rod set for angle point; THENCE North 1 degree 50 minutes 14 seconds East and continuing along the East line of McCreary Road and the East line of the Roadway and Utility Easement conveyed to the Cicy of Wylie for a distance of 2262.30 feet to a 5/8" iron rod sec for corner, said point being in the South line of a 45 . 3768 acre tract of land conveyed to Ashton Custer, L.L.C. by deed recorded in County Clerk' s File No. 98-0009496 of the Land Records of Collin County, Texas , said point also being in a line of the Parker International Corporation 306 .965 acre tract; THENCE South 89 degrees 20 minutes 39 seconds East (South 89 degrees 26 minutes 50 seconds East deed) along the South line of Ashton Custer L.L.C. 45 .3768 acre tract and common to the Parker International Corporation 306 .965 acre tract for a distance of 1252.26 feet to a 2" iron pipe found for corner, said point being in the West line of a 135.8488 acre tract of land conveyed to Ashton Custer L.L.C. by deed recorded in County Clerk' s File No. 98-0008878 of the Land Records of Collin County, Texas; THENCE South 1 degree 09 minutes 25 seconds West (South 0 degrees 17 minutes 00 seconds West deed) along the West line of said Ashton Custer L.L.C. , 135.8488 acre tract and following an old tree row and fence line for a distance of 1373 .20 feet (2681. 75 feet deed) to a 1" iron pipe found for angle point; THENCE South 0 degrees 26 minutes 17 seconds East and continuing along said Ashton Custer L.L.C. 135.8488 acre tract for a distance of 1308. 52 feet to a 5/8" iron rod found for the Southwest corner of said 135 .8466 acre tract, same being the Northwest corner of a 27 .2413 acre tract to Kathleen Williams by deed as recorded in Volume 562 at Page 361 of the Deed Records of Collin County, Texas ; THENCE South 0 degrees 27 minutes 35 seconds West (South 0 degrees 22 minutes 50 seconds West deed) along the West line of said 27 .2413 acre tract for a distance of 781.92 feet (781.81 feet deed) to a 5/8" iron rod found for corner in the North line of the aforesaid St. Louis & Southwestern Railroad right of way; THENCE North 84 degrees 05 minutes 25 seconds West (North 84 degrees 08 minutes 07 seconds West deed) along the North line of said St. Louis and Southwestern Railroad right of way and the South line of the aforementioned Parker International Corporation tract for a distance of 1342 .74 feet to the PLACE OF BEGINNING AND CONTAINING 100.5989 ACRES OF LAND, more or less. - - - J� (5/93) ;age 1 of 2 / CITY OF WYL1E 2000 Hiutti:i;:a 16 NOBTh lyYt tE SEYA.S._751,9A APPLICATION FOR ZONING CHANGE Case Nog - 0 8 ,; Filing Fee Date zc. n Ian C,,� Phone No.Ap�lica t 1MX2 ' Work No. Mailing Addless: *( Co2 4,�2 3� � r� 214 - �i 1-oc�a LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: a(If a ditional space )i1 s needed for description, the description may be put on ep e sheetI hereby request that the above described property be changed f omtiIDistrict nt zoninClassg is District Classification to on for the following reasons: (attach separate sheet if necessary) There (are) are no deed restrictions pertaining to the intended use of the property. 2 Tenant Status of Applicant Owner Prospective Purchaser plat showing the property which is the subject of this I have attached hereto as Exhibit "A" a cg oncemin the importance of my submitting requested zoning change and have read the following 9 to the City a sufficient legal description. Signed • !() /17!'2C/�� Parker International Corporation 1600 N. Plano Road Suite 100, LB-11 Richardson,Texas 75081 May 13, 1999 Orinda Capital Partners, L.P. 8235 Douglas Avenue Suite 650, LB-65 Dallas, Texas 75225 Attn: Mr. Gary DeFrain • Re: Commercial Property Contract of Sale (the "Contract") by and between .Parker International Corporation, as Seller, and Orinda Capital Partners, L.P. , as Purchaser, for the purchase and sale of an approximate 105 acre tract of land located in Collin County, Texas, as more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property") Dear Gary: Please accept this letter as the Property owner' s authorization to you, and your successors or assigns, to proceed with the re-zoning of the Property to permit the development of single-family lots thereon as contemplated by the above- referenced Contract. • 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, • PARKER INTERNATIONAL CORPORATION B y: Eric S. Chern, President Chiu Kuei-Mei Chen, by Eric S. Chern, Attorney in Fact jjm\ltr\0299\parker International-Authority WYLIE CITY COUNCIL AGENDA ITEM NO. , December 14, 1999 Ling; Hold a public hearing to consider and act upon a request from Campbell Wylie Partners, for approval of a zone change from A(Agricultural)to MF(Multi-family),for the property generally located at the northeast corner McCreary Road and McMillen Road and being all of a certain 4.9455 acre tract out of the John W. Mitchell Survey,Abstract No. 589, Collin County,Texas. ZC.No.99-09: Background: The applicant is requesting rezoning on 4.9455 acres of land in order to develop the property with multi- family uses. Specifically,the applicant has stated that they intend to develop this 4.9455 acres as part of the 15 acres of multi-family approved within their PD(Planned Development)for Creekside Estates. The properties to the west, north, and west are vacant and zoned for PD (Planned Development - Creekside Estates) uses. The properties to the south are zoned MH (Manufactured Home) and A (Agricultural). The MH area is developed accordingly with manufactured homes. Public Comment Forms were maled to forty-seven(47)property owners within 200 feet of this request. One(1)Public Comment Form in opposition has been returned. Other Considerations: • The Comprehensive Plan recommends Village Center Residential (multi-family) uses for this property. The proposed land use is consistent with the Comprehensive Plan and compatible with the proposed and existing development in the area. • This property is scheduled for annexation consideration by the City Council on December 14, 1999. Staff recommends the case be approved sul21ect to City Council approval of the annexation. • The applicant is aware that Planning and Zoning Commission approval of a site plan is required prior to the issuance of building permits for multi-family uses. • The applicant is aware that the property must be platted prior to the issuance of building permits. Financial Considerations: Rezoning application fee in the amount of$225.00-Paid Commission Recommendation: At the December 7, 1999, Planning and Zoning Commission meeting,the Commission unanimously to favorably recommend this case per the staff stipulations. Commissioner Dowdy was absent. 1 Staff Recommendation: Approval, subject to City Council approval of the annexation of this property on December 14, 1999. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Area Zoning Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Prepared by Revie by inane City Manager Approval 2 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 MF, MULTI-FAMILY RESIDENTIAL DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of SF-2, Single Family Residential District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary E , 6,r/ BEING ell that certain tract or parcel of land situated in the John W. Mitchell Survey. Abstract No. 589. Collin County. Texas, same being oll of that certain called (5.00) acre tract of land conveyed to Gene Lewis by deed recorded in Volume 606, Page 546 of the Deed Records of Collin County. Texas, and being more particularly described by metes and bounds os follows: BEGINNING at a 5/8" iron rod found for corner of the southwest corner of said Lewis tract, same being at the southeast corner of that certain 55 acre tract of lona conveyed as "Trcct 2" to Patsy. Sue Donihoo by J.O. McWhirter end wife, Pearl A. McWhirler ,by deed recorded in Volume 942, Poge 488 of the Collin County Deed Records, and being in the north line of that certain (115.155) acre tract of land known as Southfork Mobile Home Pork conveyed to Clayton/Cambridge Joint Venture by instrument recorded under County Clerk's File Number 92-0045237. Collin County Deed Records, and being in the centerline of old McMillan Rood - County Rood No. 298. and the south line of o 20 foot prescriptive rood easement and the north line a 50 foot right-of-way dedicated by said Southfork Mobile Home Park, and from which a railroad spike found at the intersection of said centerline of old McMillan Rood, with the centerline of McCreary Rood, bears North 89' 33' 04" West, a distance of 1818.08 feet; THENCE North 00' 40' 50" East, along the meanders of on old wire fence and the north line of said Donihoo tract, at a distance of 20 feet passing the north line of said old McMillan Rood and the north line of said prescriptive easement, and continuing on a total distance of 834.61 feet to a 5/8" iron rod found for corner at the northwest corner of said Lewis (5.00) acre tract, same being a common westerly southwest corner of that certoin called (113.407) acre tract of lond conveyed to William E. Campbell, Jr., Trustee - McCreary Rood Limited Partnership by deed recorded in Volume 881, Page 802 of the Collin County Deed Records; ' THENCE North 89' 47' 50" East, along the meanders of on old wire fence a distonce of 264.00 feet to a 5/8" iron rod found for corner at the northeast corner of said Lewis (5.00) acre troct and a interior corner of said Campbell (113.407) acre tract; THENCE South 00" 40' 50" West. at a distance of 812.3 feet passing on iron pipe found at a corner fence post, of a distance of 817.60 feet passing a 1/2" iron rod found in the north line of aforesaid prescriptive easement of old McMillan Rood, and continuing on a total distance of 837.60 feet to a 5/8" iron rod found for corner at the southeast corner of said Lewis (5.00) acre tract and the common southerly southwest corner of said Campbell (113.407) acre tract, some being in the centerline of said old McMillon Road, and being in the north line of that certain called (51.096) acre tract of land conveyed to Debra S. Thurmond by deed recorded under County Clerk's File No. 95-0090832 and correction deed under County Clerk's File No. 0017370; THENCE along the centerline of sold old McMillan Rood, and the centerline of a 40 foot prescriptive rood easement, North 89' 41' 40" West, o distance of 16.65 feet to a 5/8- iron rod found for corner at the northwest corner of said Thurmond (51.096) acre troct and the northeast corner of aforesaid Clayton/Cambridge Joint'Venture (115.155) acre tract and the northeast corner of aforesaid dedicated 50 foot right-of-way: THENCE continuing along the centerline of said old McMillan Road. and the south line of said 20 foot prescriptive rood easement and the north line of sold dedicated 50 foot right-of-way, North 89' 32' 36" West, o distance of 247.35 feet to the POINT or PLACE OF BEGINNING and CONTAINING 5.0665 ACRES OF LAND, which includes 0.1213 ACRES OF LAND lying in said 20 foot prescriptive road easement, for a NET AREA OF 4.9455 ACRES OF LAND, more or less. , --(1) i [1 i T ,- I PARKER CITY L MITE L; SUBJECT -!I________L___, PROPERTY i d ae rN El McMillen Rd rrn ur i� i lig ia�i �l t... 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'I ft/ft *eft 1116:811 astaalli c `Vitali iftift aftaMi 1:44, ift•ft i ‘41M111110,-,41, ouresAirozipssose Vair,-& , lift 414111 81.10 ift....1111111411 alieliller - IMES loft. **aft *rift 1.081*I-40,.._ infilligiOilil 1 ii un, mai aro. bar,1124,17 '1%.41.1111ME ii ii. ImMI LIT.IIII-mi Part 1.144iniiMPM 11112 ra imar'"aallililingial 1 ..ipr 11111. -......w Miss IMMO.•,' L inn ljoh- jiimAttunit.1 • ( •-4( ..Immo r--- • 1p Dia: A ( , . , .,..: ...; .i ,..... . 4‘-ti . • ifflp;„ 4 ,..„, i , I gm-smoi-Eir ZONING AREA MAP NOTIFICATION REPORT 4PPLICANT: DONNA HINNANT APPLICATION FILE# ZONING CASE 99-09 RT. 1 BOX 152 B Richland Springs, TX 76871 # BLK/ABST LOT/TRACT TAX I.D.# PROPERTY OWNER NAME ADDRESS 1 SFMHP Robert and Kathy Moore 74 Dollar Court Lot 74 M-5030-000-074B-1 Wylie, Texas 75098 2 SFMHP Marlin Tate RR2 Box 2306 Lot 75 M-5030-000-075C-1 Murchinson, Texas 75778-9635 3 SFMHP Judy B. Ely (Knight) 76 Dollar Court Lot 76 M-5030-000-076B-1 Wylie,Texas 75098 4 SFMHP Aletha Stoval 77 Dollar Court Lot 77 M-5030-000-0770-1 Wylie, Texas 75098 5 SFMHP Raymond Garrett 78 Dollar Court Lot 78 M-5030-000-078D-1 Wylie,Texas 75098 6 SFMHP Kenneth & Greta Kaniatobe 79 Dollar Court Lot 79 M-5030-000-079A-1 Wylie, Texas 75098 7 SFMHP Richard and Sharon Grubb 80 Dollar Court Lot 80 M-5030-000-080D-1 Wylie, Texas 75098 8 SFMHP Mike and Debbie Zerbe 81 Oil Court Lot 81 M-5030-000-081C-1 Wylie,Texas 75098 9 SFMHP Angela Plume 82 Oil Court Lot 82 M-5030-000-082E-1 Wylie, Texas 75098 10 SFMHP Joe McDonald 83 Oil Court Lot 83 M-5030-000-083C-1 Wylie, Texas 75098 11 SFMHP Jay Puckett 84 Oil Court Lot 84 M-5030-000-084E-1 Wylie, Texas 75098 12 SFMHP Charles and Christine Smith 85 Oil Court Lot 85 M-5030-000-085C-1 Wylie, Texas 75098 13 SFMHP Brian and Candy Wallace 86 Oil Court Lot 86 M-5030-000-086D-1 Wylie, Texas 75098 14 SFMHP Anse and Judalon Hinton 87 Oil Court Lot 87 M-5030-000-0870-1 Wylie,Texas 75098 15 SFMHP Tony and Silvia Wlges 88 Oil Court Lot 88 M-5030-000-088B-1 Wylie, Texas 75098 16 SFMHP Martin and Sheila Hale 89 Oil Court Lot 89 M-5030-000-089A-1 Wylie,Texas 75098 17 SFMHP Wilma McGill 90 Oil Court Lot 90 M-5030-000-090E-1 Wylie, Texas 75098 18 SFMHP Thomas and Sherry Conklin 92 Gary Way Lot 92 M-5030-000-092B-1 Wylie,Texas 75098 19 SFMHP Cathleen Meck 93 Gary Way Lot 93 M-5030-000-093B-1 Wylie,Texas 75098 NOTIFICATION REPORT ADDRESS BLK/ABST LOT/TRACT TAX I.D.# PROPERTY OWNER NAME 216 Southfork Blvd SFMHP DBA Southfork Mobile Home Wylie,Texas 75098 Lot 95 M-5030-000-095E-1 Joseph Johnson 4600 Green Meadow Drive I SFMHP McKinney,Texas 75070-7764 Lot 96 M-5030-000-096E-1 97 Gary Way 2 SFMHP Harriet Glasenapp Wylie,Texas 75098 Lot 97 M-5030-000-097E-1 Malcolm and Charlaway Crow 98 Gary Way 3 SFMHP Wylie,Texas 75098 Lot 98 M-5030-000-098C-1 Todd and Andrea Lesinski 99 Gary Way 4 SFMHP Wylie,Texas 75098 Lot 99 M-5030-000-099E-1 Janet Robinson 100 Gary Way 5 SFMHP Wylie,Texas 75098 Lot 100 M-5030-000-100D-1 Karen Morwood 101 Gary Way 6 SFMHP Wylie,Texas 75098 Lot 101 M-5030-000-101 F-1 Stacy Tiner 102 Gary Way !7 SFMHP Wylie,Texas 75098 Lot 102 M-5030-000-102A-1 James and Erin Woody 104 Gary Way ,8 SFMHP Wylie,Texas 75098 Lot 104 M-5030-000-104C-1 David and Cybele Williams 105 Gary Way ?g SFMHP Wylie,Texas 75098 Lot 105 M-5030-000-105D-1 Linda Ammerman 106 Gary Way 30 SFMHP Wylie,Texas 75098 Lot 106 M-5030-000-106D-1 Judy Carver 107 Gary Way 31 SFMHP Wylie,Texas 75098 Lot 107 M-5030-000-107C-1 Mills Futer 108 Gary Way 32 SFMHP Wylie,Texas 75098 Lot 108 M-5030-000-108E-1 James Gobel 109 Gary Way 33 SFMHP Wylie,Texas 75098 Lot 109 M-5030-000-1090-1 William and Leandra Oliver 110 Gary Way 34 SFMHP Wylie,Texas 75098 Lot 110 M-5030-000-110C-1 Ruth Manchester lie Gary Way 35 SFMHP Wylie,Texas 75098 Lot 111 M-5030-000-111 B-1 April Peredo 112 Gary Way 36 SFMHP Wylie,Texas 75098 Lot 112 M-5030-000-112C-1 Elizabeth Stallworth 113 Gary Way 37 SFMHP Wylie,Texas 75098 Lot 113 M-5030-000-113C-1 DBA Southfork Mobile Home 216 Southfork Blvd 38 SFMHP Wylie,Texas 75098 Lot 114 M-5030-000-114E-1 DBA Southfork Mobile Home 216 Southfork Blvd 39 SFMHP Wylie,Texas 75098 Lot 115 M-5030-000-115D-1 NOTIFICATION REPORT # BLK/ABST LOT/TRACT TAX I.D.# PROPERTY OWNER NAME ADDRESS 40 Campbell Wylie Partners 8235 Douglas Ave A0589/1 TRACT 1 R-6589-000-0010-1 Dallas, Texas 75225 41 Leonard Brewer 2300 McMillan Road A0589/2-A TRACT 2-A R-6589-000-002A-1 Wylie,Texas 75098 42 Robert Thurmond Jr 2500 McMillan Road Wylie,Texas 75098 43 Debra Cooper 812 Heatherwood Drive A0589/7 TRACT 7 R-6589-000-0070-1 Wylie,Texas 75098 44 Debra Cooper 812 Heatherwood Drive A0589/7-9 TRACT 7-9 R-6589-000-0079-1 Wylie, Texas 75098 45 Donna Hinnant Route 1, Box 153B Tract 10 Applicant Richland Springs, Texas 76871 46 Attn: Bill Lovil P 0 Box 90 Abst 0589 McMillen Texas Dept of Transportation McKinney, Texas 75069 47 CMH Parks Inc P 0 Box 9790 A0589/9 Tract 9 R-6589-000-0090-1 Maryville, TN 37802-9790 �.,......�., AL21999 (Please type or use black ink) REC'D D E C 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#99-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,December 7, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 14, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: M I Fu' T � � (please print) Address: t d S '- A (L`( WAY w-t i--. 1 e 7 So 4S Wylie Tax Account Number (if shown on enclosed map): k1 c 4 '30 — oc1U— i $1 — 1 Signature: ' - Date: (l I '3 ?'/ q( COMMENTS: 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: 99-09 Applicant: Cambell Wylie Partners Location: Generlally located at the northeast corner of the McCreary Road and McMillen Road intersection Property Description: N/A(See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: MF(Multi-Family) Proposed multi-family. 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: Tuesday,December 7, 1999,7:00 PM City Council: Tuesday,December 14, 1999,7:00 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. 99 09: 35a Litt' of Wlie-Comm Dave `J /e-44e-ti154 p. i Page 1 of 2 (5193) • CITY OF WYLIE COMMV;!r.: p*C.,:ELOPMENT 2000 hIuirl�1� 7t3 NORTH 3AtYt LE YEYs __MS& - APPLICATION FOR ZONING CHANGE Case No. 'yo / Filing Fee Date 7/71 9/ Applicant ( 73fll \l. 971-ralr g Phone No. 214 • t 7 I Zc� Mailing Address: Work No. ZVI- Zt 4 - 1147 1- 131�g z 9, 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 I hereby regest that the above described property be changed from its present zoning which is District Classification to fir District Classification for the following reasons: (attach separate sheet if necessary) There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser / i I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed 4 • / e z/eD WYLIE CITY COUNCIL AGENDA ITEM NO. .44 . December 14, 1999 aue: Consider and act upon a Preliminary Plat for the Redwood Mobile Home Estates Phase II addition, proposed by Graphic Engineering for Clayton Homes Inc.,generally located at the southeast corner of FM 544 and Vinson Road and being all of a 23.4775 acre tract and all of a 34.5528 acre tract out of the E.M.Price Survey,Abstract No. 1114,City of Wylie,Dallas County, Texas. Background: The preliminary plat under consideration is for the Redwood Mobile Home Estates Phase II addition. The applicant intends to plat 58.0303 acres of land in order to develop the property with a manufactured home park and a future retail site. The property is currently vacant, unplatted, and zoned for MH (Mobile Home) and R(Retail)uses. Other Considerations: • Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. The plat also complies with State Law as it pertains to the subdivision of land. • The applicant is proposing a mobile home park versus a mobile home subdivision. The main difference between the two is that lots are rented within a mobile home park and owned within a mobile home subdivision. Also,when a mobile home park is proposed,the applicant is required to have private streets built to City of Wylie specifications. The applicant is aware and has complied. • The minimum development standards permitted within an MH(Mobile Home Park)zoning district are 5,500 square foot lots, 900 square foot manufactured homes, 20 foot front yard building lines, ten foot rear yard building lines, and a minimum of 20 feet of separation between homes. All of the residential lots being proposed meet the minimum standards. • The proposed development may be encompassed by the Eastfork Special Utility District. The applicant is aware that it is their responsibility to secure water service should the property be within the Eastfork Special Utility District(Note# 6 on plat). • A portion of this property was preliminary platted last year as Southfield Estates mobile home subdivision(highlighted area on your plat). Subsequent to the Southfield Estates plat being approved, the changed ownership and is now being developed as Phase II of the existing Redwood Mobile Home Park to the south and southeast. 1 Financial Considerations: Plat application fee in the amount of$657.00 - Paid Commission Recommendation: At the December 7, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case per the staff stipulation. Commissioner Dowdy was absent. Staff Recommendation: Approval, subject to the following stipulation: Engineering approval of the final drainage plans and sewer connections. The Department's of Public Works,Fire, and Community Development concur with this recommendation. Attachments: /9/C Prepared by R ed by Finance City Manager Approval 2 Page lof3 REC'D OCT C5199 g tC itik" 51 . 0� APPLICATION AND PRELIMINARY PLAT CHECKLIST V`� Date 1vv --4 - Name of Proposed Development 1Z 0\\c* r C— -ES%A- Name of Property Owner/Developer cLA. ION ) J1,1G. Address 5300 cL zotW (alp Phone 42,3 -380 -pop � 1VR V1LL j -r 31 5 0/- Owner of Record }Z -owcc,o pit\-E4 S LI/illT-r✓� Address SA'k - A-V3blrC--- Phone Name of Land Planner C�iz4,P1-is-(C_. G 1 tJ -I yl.�6 Surveyor/Engineer Address Co9Oz1- ► A V A-l.l., Phone 572 335- 263(0> F(L-1 S C G} ---Lx — 5^3 S-- Total Acreage 5 g 0 2 A Current Zoning Number of Lots/Units 2( Signe �,rLPrp 4-1c. oJC 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. WYLIE CITY COUNCIL AGENDA ITEM NO. >r.' December 14, 1999 hoz Consider and act upon a final plat for Sage Creek Phase V,proposed by Tipton Engineering for Paramount Land Development,for the property generally located at the northwest corner of FM 544 and Spring Creek Parkway just north of the railroad tracks and Lakeside Estates Phase I and being all of a certain 15.3998 acre tract out of the Moses Sparks Survey,Abstract No.849,City of Wylie,Collin County,Texas. Background: The final plat under consideration is for Phase V of the Sage Creek addition. The applicant is final platting 15.3998 acres of land in order to develop the property with single family residential uses. The property is currently vacant and zoned for PD(Planned Development)uses. Other Considerations: • Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for a zoning label/note. The plat also complies with State Law as it pertains to the subdivision of land. Specifically,the applicant needs to add the following note to the face of the plat: 1. All development within this subdivision shall comply with the Planned Development standards approved in ordinance number 99-09, Sage Creek PH V, South Section. • The applicant is aware that all impact and developmental inspection fees must be paid prior to the issuance of building permits. Financial Considerations: Final plat application fee in the amount of$405.00-Paid Commission Recommendation: At the December 7, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case per the staff stipulation. Commissioner Dowdy was absent. 1 Staff Recommendation: Approval, subject to the following note being added to the face of the plat: 1. All development within this subdivision shall comply with the Planned Development standards approved in ordinance number 99-09, Sage Creek PH V, South Section. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Final Plat Application ‘':.22/14e":Z--. (r:? Prepared by Revie by Finance City Manager Approval 2 f�. D'D NOV I g 1009 Page of City of Wylie (1/95) , APPLICATION AND FINAL PLAT CHECKLIST Date November 10 , 1999 Name of Proposed Development SAGE CREEK PHASE V Name of Property Owner/Developer ASHTON CUSTER, L. L.C. Address 15851 Dallas North Tollway Phone 972-490-3255 Suite 100 , Addison , Texas 75001 Owner of Record ASHTON CUSTER, L. L. C. Address 15851 Dallas North Tollway Phone 972-490-3255 Name of Land Planner TIPTON ENGINEERING, INC. Surveyor/Engineer Address6330 Broadway , Suite C Phone 972-226-2967 Garland , Texas 75043 Total Acreage 15. 3998 Current Zoning PD-SF Number of Lots/Units 85 Signed P� The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. 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 Final 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. Page 2 of 3 WYLIE CITY COUNCIL AGENDA ITEM NO. December 14, 1999 hum Consider and act upon approval of a formal request to the Planning& Zoning Commission to develop a Street Naming Policy recommendation. Background On occasion, both the City Council and the various advisory Boards have expressed an interest in initiating the review of a given issue. In the instance when one of the Boards would recommend a review, the appropriate procedure would be for staff to bring this to the attention of Council in order to receive direction. Conversely, if the Council would like one of the Boards to consider an issue, it would be beneficial to that Board to receive some guidance from Council. The request to review the City's street naming policy is such an example. In reviewing several of the recently approved plats, Council has expressed concern over the lack of continuity or consistency for the names chosen for the streets within the new subdivisions. Wylie's Subdivision Regulations reference the "City's Guidelines for Naming Streets" although no documentation of such a guideline has been found. Staff reviews the names chosen on the basis of ensuring that there would be no confusion of street names in emergency situations. Several area cities were contacted to determine their policy regarding naming streets in new subdivisions. , The following summarizes the responses. Garland There are no specific guidelines other than the requirement that there cannot be any duplication or similar street names and the name cannot exceed 25 characters. Rowlett There are no set guidelines. Richardson There are no set guidelines other than the requirement that there cannot be any duplication or similar street names, otherwise,the choices are left to the developer. McKinney There cannot be any duplication or similar street names, otherwise, the choices are left to the developer. Allen Allen's Subdivision Ordinance states that the street names within a subdivision"should follow a consistent theme." All cul-de-sacs shall end with Court, whenever possible names should conform to existing street names, and family names are not permitted. Frisco Frisco has a Street Name Approval Criteria which sets out their policy. The Criteria speaks more to the type of street names that will be rejected. Developers are encouraged to use themes within their subdivisions. 1 Denton There cannot be any duplication or similar street names, otherwise, the choices are left to the developer. The cities of Plano and Rockwall did not respond. Because none of the local communities appeared to have any policies or criteria which would address an alphabetic or numeric system, staff contacted Lubbock as an example of a very specific and detailed ordinance. Lubbock For existing streets, the ordinance establishes the locations for numbered streets, alphabetical streets to be named after colleges and universities, general alphabetical streets(Avenue A),alphabetical streets named after trees, and alphabetical streets named for cities east of the Mississippi. For future streets, the established pattern is to be continued until the alphabet is completed. At that point,the process is repeated within the same stated categories. When an area is annexed,the existing public ways are to be renamed in accordance with the established street name pattern. It appears from the information received, Lubbock first adopted this ordinance in 1949. Options to pursue may include requiring both a theme and an alphabetical approach in all new subdivisions. Because the Subdivision Regulations include the policy by reference,the street naming criteria could be accomplished by simply adopting a guideline, or policy, without going through an ordinance amendment. Financial Considerations N/A Other Considerations Local Government Code, Section 212.002, Rules, states that: After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. Board/Commission Recommendation N/A Staff Recommendation Council may wish to give direction to staff and the Planning Commission so that a policy recommendation may be forwarded to the Council for consideration. Attachment Excerpts from City of Frisco, City of Allen, City of Denton and City of Lubbock ordinances //Ur r Tr 'ALL (fiNv61 Prepay y Revie by Finance City Manager Approval 2 09/02/1999 14:58 9723355549 FRISCO+ PLANNING PAGE 82/03 . City of Frisco, Texas Street Name Approval Criteria Submission of proposed street names shall be submitted to the Planning Department Attention: Scott Norris. The list of proposed street names shall be submitted with the preliminary plat. The list of street names shall be in alphabetical order, with suffixes (Drive, Street, Road etc)_ The city will issue an approval letter for the selected street names to the applicant's consultant. The approved street names will be placed on a reserved list for one year. The reserved list shalt specify the subdivision for which the street names area reserved. The approved street names shall be reserved for one year and will expire the last day of the approved month in the following year_ Street names become official when the final plat is recorded at Collin/Denton County. Applicants are encouraged to use themes for their subdivisions. Interior streets shall use suffix designations such as Drive, Street, Lane, Trail or Road. Collector streets and major thoroughfares shall use suffixes including but not limited to Parkway, Boulevard, or Highway. A street name change must be used in locations where large curvature accrues as directed by the City. At no point shall a street have two intersections with any other single street. This is to avoid two northwest corners of the same streets. The suffix "Path" shalt be limited to use for platted public ways not dedicated streets. All public ways platted shall have approved street names including "Path" (Example "Wagner Path") Street names will be rejected fqr the following: Street already exists on approved/ reserved list_ Numberssuch as 1, 2, 3 are included in the name. Name is a sound alike with an existing/reserved street name. Existing street name with a different suffix (Example Preston Road and Preston Drive). Alternate spelling for existing/reserved street name (Example: Teel and Teal).. Names using direction such as Southwood Drive. 09/02/99 15:13 TX/RX NO.3350 P.002 111 09/82/1999 14:58 9723355549 FRISCO PLANNING PAGE 83/03 Multiple-word street names of over three names. Names beginning with single letter(Example: M. Division Drive. Combination names of existing/reserved streets (Example: Preston-Warren Parkway). All names should be common in the English language to avoid difficulties in communication to emergency services. The City of Frisco reserves right to reject, replace, or reconfigure any street name on any plat prior to filing at the applicant's expense. For additional information please contact the City of Frisco Planning Department at 972-335-5540. 09/02/99 15:13 TX/RX NO.3350 P.003 09/02/99 15:34 CITY OF PLLEN 972 72? 0105 4 99724422105 NJ.283 P0O2 • ' • ORDINANCE NO. 1237-4-94 liminary plat shall cover all of the tract intended to be developed whether in total or by sections. 405.3.3 The names of subdivisions; lot patterns; location. widths, and names of existing or planned streets and intersections; and any blocks, lots, alleys, easements, building lines, water courses, floodplain, or other natural features, •with principal dimensions; and any other significant information on all sides for a distance of not less than two hundred (200) feet. 405.3.4 The names of proposed streets, which should follow a consistent theme. All cul- de-sac streets shall be entitled with the suffix "Court.* Whenever possible, the names should conform to existing street names. 405.3.5 The location of the nearest existing sewers, water and gas mains, and other public utilities, if any. If none near vicinity, so state. 405.3.6 A proposed general plan for drainage, to include approximate delineation of 100 year storm, as specified in Article 200 herein. 405.3.7 The proposed drainage plan shall include: a topographical map in sufficient detail showing all abutting drainage areas either contributing to the storm water flows within the proposed subdivisions or receiving storm water flows from the proposed subdivision; preliminary plans for drainage improvements within the proposed subdivision. 405.3.$ The name of the proposed subdivision, north point, scale, date, acreage, and number of lots. 405.3.9 The name of the owner or owners and the signature, date, telephone number and address of the registered professional engineer, landscape architect, public sur- veyor, or land planner who has prepared the preliminary plat. 405.3.10 A location map of the proposed subdivision at a scale of 1 inch to 2,000 feet showing existing and proposed major features covering an area of at least one mile in all directions from the proposed subdivision. 405.3.11 The contours at not more than five (5) foot intervals. 405.3.12 The proposed plan of improvements and utilities to be constructed in the subdivision, prepared by a registered professional engineer, shall be shown with 40O-6 09/02/99 15:24 TX/RX NO.3351 P.002 09/0 /99 :1 s F 9403•98378 D x'T'1—. —DE' — NO2 SIIBDIVISION AND LAND PICE,X2,PliPNT CHAPTER 34 2. The power to compel contributions from owners within the development to cover their proportionate shares of the cost associated with maintenance of the road, c. Private roads shall conform to the design specifications set forth in appendix A-4 of Ordinanri No..88-103. which appentlix is adopted by reference and included in this Code the same as if set out at length in this section, unless the road is.the sole access to the development, in which case the private road shall conform to the design specifications for public streets. d. Where any parking areas or spaces are to be used along or adjacent to the private road, the parking areas and spaces shall be designated and constructed in accordance with the design standards applicable to parking lots so that the parking areas and spaces will not interfere with the use of any public streets. e. For the purpose of this section, a "private road" shall mean any open way used for vehicular traffic, not dedicated to public use and not part of a parking lot, designed and used to provide vehicular access to a development or lot. (14) Street names and signs. a. Street names shall be assigned by the developer, subject to planning and zoning commission approval, by placing the Dame on the plat. Streets which are to be in alignment with existing streets shall be given the same name. Names shall be sufficiently different in sound and spelling so as not to cause conflict or confusion. b. Street name signs shall be installed by the developer at all intersections within or abutting the development prior to the acceptance of any street. The name signs shall be constructed, located and installed in accordance with written specifications on file with the city engineer. (15) Street lighting. a. All developments shall provide for lighting of all streets, sidewalks and public rights-of-way which are to be used for vehicular or pedestrian traffic so as to ensure the safe use thereof. b, Streetlights shall be installed within dedicated easements at all intersections, in cul-de-sacs and along all public streets at intervals of not more_ than three hundred (300) feet. c. The required streetlights shall be installed by the city upon payment of the cost by the developer. No streets, sidewalks or other public rights-of-way required to be lighted shall be accepted for public use until the requirements of this section are met. Word processed version nos onddied version • AXXIX3U4 4 9 09/02/99 16:26 TX/RX NO.3357 P.002 09/08/1999 09:15 7672100 PLANNING PAGE 01 a Lath ( UANt.?.67e1STREETS AND SIDEWALKS § 24-28 this Codeand failure to comply with the requirement of this trash •ceptacles as required by p y 4 sectio• shall be and is hereby declared to constitute a nuisance subject to abatement as provid d for in sections 12-102-12-107 of this Code. (Ord. 'o. 918, § 2, 11-23.49; Ord. No. 4371, § 1, 6-30-64; Code 1959, § 28-15) St,to law reference—Power of city to compel persons to keep rubbish from sidewalks, VTCS • _ 1015(23). Secs. '4-14—•24-25. Reserved. ARTICLE II. NAMES OF STREETS* (.421(2j Sec. -4-26. Numbered streets generally. e names of the streets in the city shall be as follows: First Street shall be that street /4 lying. the North of Sanders Addition to the city,the first street south thereof shall be known as Sec•nd Street and continuing in numerical order southward,and the streets shall be known by the next street taking the name of Third Street,until all streets have been given a name by numb r, except that Sixth Street is named Drive of Champions, Eleventh Street is named Main .treet and Twelfth Street is named Broadway. (Ord. o. 924, § 1, 7-14-49; Ord. No.9922, § 1, 8-8-96) Sec. 4-27. Specific numbered streets. T e following street names are hereby changed and given a new number consistent with the m•thod established in the preceding section,to wit: P -sent Name New Name E. a Street First Place S: ders(Vivehorn)Street Second Place olffarth (Cloverland)Street Third Place erritt Street Fifth Place y:lwood Street Twenty-second Place •,nett Street Twenty-fourth Place 1 Street Twenty-ninth Place (Ord. I o. 924, § 1, 7-14-49) Sec. '4-28. Streets named for colleges and universities. i e streets north of First Street shall be named alphabetically for colleges and universi- ties, : .d streets now within the corporate limits of the city shall be changed as follows,to wit: * ditor's note—Section 12 of Ord.No.924,enacted on July 14, 1949,and printed in this articl ,provides: "This Ordinance shall be construed consistent with the provisions of Ordinance No. 7 passed on the 8th day of February(,] 1921 except where said Ordinance is inconsistent ith the provisions of this Ordinance." roes references—Names of streets in subdivisions, § 25-4; street names signs in su.. -sions, § 25-6. £upp. 0. 34 1669 09/08/1999 09:15 7672100 PLANNING PAGE 02 § 24-2: LUBBOCK CODE P •sent Name New Name R by Street Amherst Street North Second(Locust)Street Auburn Street M.pie Street Bates Street N., h Third(Elm)Street Baylor Street W.lnut Street Colgate Street N., • Fourth(Dallas)Street Cornell Street • en Street Dartmouth Street N•• • Fifth(Frances)Street Duke Street M.rthel Street Emory Street N. h Sixth Street Erskine Street (Ord. o. 924, § 3, 7-14-49) Sec. 2 -29. Avenues—East of University Avenue in original town. Th- easternmost street shown by the original plat of the Town of Lubbock shall be called Avenu: A and the street west of same shall be known as Avenue B, and the alphabetical sequen e shall be continued with the letters of the alphabet.As each street is reached it shall carry its letter to be known as Avenue, the blank supplied with the proper letter in said order and sequence until University Avenue is reached, it being the avenue immediately east of Texas Tech University,which shall continue to be called University Avenu; except that Avenue (I) shall retain the name of Texas Avenue. (Ord. o. 924, § 2, 7-14-49) See. 2--30. Same--East Of Avenue A. Th• avenues east of Avenue A shall be named alphabetically for the names of trees, and avenue. within the present corporate limits shall be changed as follows, to wit: ' • ent Name New Name Ea t Avenue A Ash Avenue Ea t Avenue B Birch Avenue Ea t Avenue C Cedar Avenue Ea:t Avenue D Date Avenue Ea:t Avenue E Elm Avenue Ea•t Avenue F Fir Avenue Ea:t Avenue G Globe Avenue E: •t Avenue H Hickory Avenue E::t Avenue I Ivory Avenue Ea-t Avenue J Juniper Avenue E: • Avenue K King Avenue (Ord. N.. 924, §5, 7-14-49) Supp.No. 34 1670 09/08/1999 09:15 7672100 PLANNING PAGE 03 STREETS AND SIDEWALKS § 24-34 Sec. 4-31. Same--West of University Avenue. e avenues west of University Avenue shall be named alphabetically for cities lying east of the 'asissippi River,and avenues within the present city limits shall be changed as follows, to wit P esent Name New Name shington Avenue Akron Avenue A.ams Avenue Boston Avenue J:fferson Avenue Canton Avenue dison Avenue Detroit Avenue !•nroe Avenue Elgin Avenue Jackson Avenue Flint Avenue V Buren Avenue Gary Avenue 'ce Avenue Geneva Avenue H: 'son Avenue Hartford Avenue ler Avenue Indiana Avenue N.t Named Ithaca Avenue P lk Avenue Joliet Avenue T.ylor Avenue Knoxville Avenue F more Avenue Louisville Avenue • erce Avenue Memphis Avenue (Ord. a. 924, § 4, 7-14-49) Sec. 4-32. Clovis Road. e new highway from the intersection of Avenue Q and Third Street northwesterly towar t Clovis, New Mexico and now known as Avenue Q Northwest is hereby changed to Clo Road. (Ord. o. 924, $6, 7-14-49) Sec. 33. Amarillo Road. •e proposed new highway from the intersection of Avenue Q and Third Street now known as Av:nue Q Northeast is hereby changed to be Amarillo Road. (Ord. o, 924, § 7, 7-14-49) Sec. •. Map for street naming. e map of the city attached to Ordinance No. 924,with street names indicated thereon, in co pliance with the names and changes in naming of streets in this article, is hereby adopt•d as the official street naming map of the city and made a part of this article. (Ord. o. 924, § 8, 7-14-49) •itor's note—Ord. No. 1549,enacted on April 22, 1954, amended the above section in the fo lowing manner: "SECTION 1. That the official street-naming map of the City of Lubbock as e•tablished by Section 8 (Eight) of Ordinance No. 924 be amended and changed so that h•reafter that portion of street now named Avenue'L,'running North and South between 3 1 th Street and 35th Street will be named Avenue 'M.' Supp. '0. 35 1671 09/08/1999 09:15 7672100 PLANNING PAGE 04 $ 24 34 LUBBOCK CODE "SECTION 2.That the official street-naming map of the City of Lubbock be amended •d changed so that hereafter that part of the dedicated street abutting the Fort Worth& t enver Railroad right-of-way between 30th and 34th Streets in line with Avenue'L'north •f 30th Street shall be named Avenue 'L.' "SECTION 3.The City Engineer is directed to make the necessary changes required .y this Ordinance on the City's official street-naming map." Sec 24.35. Method for naming future streets. e method used in remaining the streets and avenues within the present city limits is her:•y adopted as the method to be used naming streets in areas not now,but to come within the orporate limits in the future as follows: 1) Streets north of First Street. Streets north of First Street shall be given the names of colleges and universities in alphabetical order until the alphabet has been completed. Thereafter, the process shall be repeated except that no street shall ever be given a name previously given to a street or avenue. 2) Avenues east of Avenue A. Avenues east of Avenue A shall be given the names of trees in alphabetical order until the alphabet has been completed.Thereafter, the process shall be repeated as many times as is necessary except that if tree names are exhausted other plant names may be assigned so that no street shall ever be given a name which has been previously given to a street. 3) Avenues west of University Avenue.Avenues west of University Avenue shall be given names of cities in alphabetical order until the alphabet has been completed. Thereafter, the process shall be repeated in the same sequence without giving any street a name previously given to a street. (Or.. No. 924, * 9, 7-14-49) Sec 24.36. Duty of city engineer. It shall be the duty of the city engineer to supply upon request all information necessary to • atters of property so that streets may be properly named consistent with the method ado ted by this article; provided, however, that when the method is impracticable or im••ssible of application,the matter shall be submitted to the City Council for determination. (0 '. No, 924, § 10, 7-14-49) - 24-37. Annexed territory. When any area has been brought within the corporate limits of the city and public ways are shown on the plats of the area, the names and/or numbers of the streets and avenues wit, ' the corporate limits shall thereby be extended into the newly annexed area.Upon said pub is ways becoming streets or avenues of the city they shall be and/or hereby designated by n= Ile and number according to their location abutting the ozcial street-naming plat adopted by ' article. (0 . No. 924, § 11, 7-14-49) Sup. No.35 1672