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12-09-2014 (City Council) Agenda Packet Wylie City Council OF WY-LIE NOTICE OF MEETING Regular Meeting Agenda December 9, 2014— 6:00 p.m. Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylieteaov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas%gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Presentation of Colors and Pledge of Allegiance - Wylie Ambassador Girl. Scout Troop 623 PRESENTATIONS CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. December 9, 2014 Wylie City Council Regular Meeting Agenda Page 2 of 5 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. Consider, and act upon, approval of the Minutes of the November 11, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2014 and November 30, 2014. (S. Satterwhite, WEDC Director) C. Consider, and act upon, Ordinance No. 2014-41 authorizing the City Manager to Amend Wylie Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Sections 38-22 (Alarm Permit Requirements) and 38-24 (Fees for False Alarm Notification), Regulating Alarm Systems; Providing for the Issuance and Revocation of Alarm Permits and for the Establishment of Permit Fees; Allowing for Response Termination by the City Police and/or Fire Department in the Event of Noncompliance with this Ordinance; Providing a Penalty for the Violation of this Ordinance; Providing Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption hereof; and Providing an Effective Date of this Ordinance. (B. Parker, Fire Chief) D. Consider, and act upon, Resolution No. 2014-41(R) authorizing the City Manager to amend Resolution No. 2010-39(R) and approve and execute a revised Facilities Use Agreement and associated contracts and paperwork with an entity wishing to utilize the Southeast Collin County Regional Training Facility located behind Station Two at 555 Country Club, Wylie, Texas and meeting the requirements of the Rules of Engagement. (B. Parker, Fire Chief) E. Consider and act upon, Resolution No. 2014-42(R) of the City Council of the City of Wylie, Texas, authorizing the purchase of LifePak®15 Monitor/Defibrillator units, related accessories, and technical service agreement from Physio-Control Inc., a sole-source provider of LifePak® products, in the estimated amount of$106,965.90; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) F. Consider, and act upon, the purchase of Precor brand fitness equipment,warranties and installation from Team Marathon Fitness, in the amount of$60,971.00 for the Wylie Recreation Center through the use of a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Cooperative contract #423-13/Wylie Agreement #W2015-33-I; and authorizing the City Manager to execute any necessary documents (G. Hayes, Purchasing) G. Consider, and act upon, Ordinance No. 2014-42 amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A and Tract B lots for the purpose of constructing larger homes with expanded outdoor living areas, generally located south of Parker Road and approximately '/% mile west of Country Club Road. ZC 2014-10 (R. 011ie, Planning and Zoning Director) H. Consider, and act upon, approval of a Preliminary Plat for Kreymer Estates Phase III consisting of 29.765 acres for 74 single family residential lots and 3 open space lots dedicated to the City of Wylie, generally located South of E.Brown Street and approximately 130 feet east of Douglas Drive. (R. 011ie, Planning and Zoning Director) I. Consider, and act upon, approval of a Final Plat for Mansions at Wylie Seniors Apartments, Lot 1, Block A, creating a single lot, for the development of a 320 unit age restricted multi-family complex, generally located approximately 1200 feet south of FM 544 on McCreary Road. Property zoned PD 2008-43. (R. 011ie, Planning and Zoning Director) December 9, 2014 Wylie City Council Regular Meeting Agenda Page 3 of 5 J. Consider, and act upon, approval of a Final Plat for Winger Addition, Block A, Lots 1 & 2, consisting of 1.857 acres to establish two commercial lots, generally located west of S.H. 78 and approximately 700 feet south of Eubanks Lane. (R. 011ie, Planning and Zoning Director) K. Consider, and act upon, approval of a Final Plat for Walmart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. (R. 011ie, Planning and Zoning Director) L. Consider, and act upon, approval of a Final Plat creating a single open space lot to be dedicated as parkland to the City of Wylie, located within the Braddock Place Subdivision, and generally located west of FM 544 and south of Elm Drive. (R. 011ie, Planning and Zoning Director) M. Consider, and act upon, approval of Ordinance No. 2014-43 prohibiting parking, stopping, or standing of a vehicle along the east side of Woodbridge Parkway from South Hensley Lane to North Hensley Lane, and along the north side of South Hensley Lane from Woodbridge Parkway to a point 800' east. (C. Hoisted, City Engineer) N. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2014. (L. Bantz, Finance Director) O. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2014. (L. Bantz, Finance Director) REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, amending Planned Development 2006-55 (PD- 2006-55), Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11 (R. 011ie, Planning and Zoning Director) Executive Summary The subject tract was part of a Planned Development adopted August 22, 2006 in order to develop a master planned residential community. A Final Plat for phase 1 was approved in 2013 and created 52 single-family residential lots and one open space lot. 2. Hold a Public Hearing and consider, and act upon, amending Planned Development 2005-24 (PD- 2005-24) Braddock Place IV, Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located south of Elm Drive and west of FM 544. ZC 2014-12 (R. 011ie, Planning and Zoning Director) Executive Summary The subject tract was part of a Planned Development adopted July 26, 2005 in order to develop a master planned residential community. The Final Plat for Phase IV was approved in 2013 and created 77 single-family residential lots. 3. Hold a Public Hearing and consider, and act upon, a Replat for Hooper Business Park Lot 7R consisting of 1.55 acres, generally located at northwest corner of Steel Road and Security Court. (R. 011ie, Planning and Zoning Director) Executive Summary The property totals 1.55 acres and will create one light industrial lot for a commercial business. It combines lots 6 and 7, with a portion of lot 5A from the Hooper Business Park Addition. A site plan for Wylie Elite Gym (Cheer Gym)was approved for the subject tract by the Planning Commission on November 18th. December 9, 2014 Wylie City Council Regular Meeting Agenda Page 4 of 5 4. Hold a Public Hearing and consider, and act upon, a Replat for Schupbach Estates, Lots 1-2 consisting of 0.633 acres establishing two single family residential lots, generally located southeast of W. Brown Street and Carriage House Way. (R. 011ie, Planning and Zoning Director) Executive Summary Originally developed in the early 1950s in association with a single family homestead, this property was a portion of a larger tract recently rezoned (ZC2012-03) and subsequently platted in April 2012. The plat (Mockingbird Hill) established three independent lots from the original tracts. The primary Lot 1 is where the single family home is located, Lot 2 is currently vacant and Lot 3 the subject of this replat has storage sheds and a red barn. 5. Hold a Public Hearing and consider, and act upon, approval of a Replat for Wylie Retail Office Park; Block A, Lot 4A generally located at the southwest corner of SH 78 and Kreymer Lane. (R. 011ie, Planning and Zoning Director) Executive Summary The property totals 1.151 acres and the purpose for the replat is to dedicate the necessary fire lane, access and other easements associate with development of the property. 6. Consider, and act upon, Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441. (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie, Texas to more effectively regulate signs. (B. Killebrew, Building Official) Executive Summary As the City grows and technology changes our sign ordinance must change with it to keep up with progress. We understand that there is a fine line between having an underdeveloped sign ordinance and becoming overrun with signage. We have revamped this ordinance to try and balance both. 7. Consider, and act upon, Resolution No. 2014-43(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for installation of a Water Conservation Garden at the City's Municipal Complex. (M. Manson, City Manager) Executive Summary The North Texas Municipal Water District(NTMWD)is in the process of building a new Administration Building on their complex at the northwest corner of Highway 78 and Brown Street. During the planning for the project, NTMWD staff had initially hoped to be able to build a water conservation garden to serve as an educational tool utilizing drought tolerant plants. It became apparent that the construction site was too limited in size and would not lend itself to a fully developed garden. Discussions began to possibly have the conservation garden be on city property, and the concept under consideration was developed. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. December 9, 2014 Wylie City Council Regular Meeting Agenda Page 5 of 5 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Property located near Jefferson and Ballard Avenue RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT 1f during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code§551.001 et. seq., will he held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, hut not limited to, the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. CERTIFICATION 1 certify that this Notice of Meeting was posted on this 5th day of December, 2014 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas. ov. Carole Ehrlich, City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, November 11, 2014 - 6:00 p.m. Wylie Municipal Complex- Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman Bennie Jones (arrived 6:50 pm.), Councilman David Dahl, Councilman Todd Wintters and Councilman William Whitney III. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Assistant Fire Chief, Brandon Blythe; Planning Director, Renae' 011ie; Finance Director Linda Bantz; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Eric Hogue gave the invocation and City Manager Mindy Manson led the Pledge of Allegiance. PRESENTATIONS • Presentation—The Wylie Way Students—1st 9 Weeks (Mayor Eric Hogue) Mayor Hogue and Mayor pro tem Stephens presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the "Wylie Way Student." • Presentation—Kenneth Everett Math Revolution"No Pencil,No Paper,No Calculator (Mayor Eric Hogue) Minutes November 11, 2014 Wylie City Council Page 1 Mayor Hogue presented a proclamation recognizing November as "Math Awareness Month". The proclamation was presented to Kenneth Everett, author of Math Revolution "No Pencil, No Paper, No Calculator". • Presentation— City of Wylie Employee Anniversary (L. Fagerstrom, Human Resources Manager) • Renae' 011ie—Planning and Zoning Director— 10 years Mayor Hogue and City Manager Manson presented a plaque to Planning Director, Renae' 011ie in appreciation of her 10th year of service to the City of Wylie. 011ie's husband Don and children Donovan and Ja'Quay attended the presentation. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present wishing to address Council during Citizens Comments. 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. Consider, and act upon, approval of the Minutes of the October 28,2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30, 2014. (S. Satterwhite, WEDC Director) C. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2014-2015 in the amount of$29,765.03. (R. Orozco, Library Director) D. Consider, and act upon, Ordinance No. 2014-38, amendments to: Article 3 (Residential Standards), Article 5 (Use Regulations) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to Low-Density Residential Districts. (ZC 2014-07)(R.011ie, Planning and Zoning Director) E. Consider, and act upon, Ordinance No. 2014-39, amending the zoning from Single-Family 10/24 (SF-10/24) to Single-Family Estate District (SF-ED) as amended, related to Low- Density Residential Districts, located south of McMillen Road and west of Country Club Road; being Lots 3 through 9 in the McMillen Farms Addition and Lots 1-1 through 1-9 and 2-10A & 2-10B in the McMillen Estates Addition. (ZC 2014-07)(R. 011ie, Planning and Zoning Director) Minutes November 11, 2014 Wylie City Council Page 2 F. Consider, and act upon, approval of a Final Plat for Inspiration, Phase 2 consisting of 25 acres to establish 76 single family residential lots and 2 open space common areas for a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2414) and east of Aztec Trail.(R. 011ie, Planning and Zoning Director) G. Consider, and act upon, approval of a Final Plat for Kreymer Estates Phase H consisting of 23.171 acres for 60 single family residential lots and 2 open space lots dedicated to the City of Wylie, generally located west of W.A. Allen Boulevard, south of E. Brown Street. (R. 011ie, Planning and Zoning Director) H. Consider, and act upon, Ordinance No. 2014-40, amending the zoning from Townhouse District (TH) to Planned Development-Townhouse District (PD-TH), for single-family attached residential development on approximately 10 acres, located north of FM 544 and east of Westgate Way. ZC 2014-08(R. 011ie, Planning and Zoning Director) Council Action A motion was made by Councilman Wintters, seconded by Mayor pro tem Stephens to approve the Consent Agenda as presented. A vote was taken and the motion passed 5-0 with Councilman Jones and Councilman Scott absent. REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon a change in zoning from Commercial Corridor District (CC) to Light Industrial District (LI), to allow for a Pawnshop use, generally located north of FM 544 and east of Springwells Parkway, (2801 FM 544). ZC 2014-09 (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to withdraw the application as submitted. The subject property totals approximately .588 acres in size and contains a 6,600 square foot building with multi-tenant spaces of varied commercial uses, and is platted as A&W Properties. She noted the public hearing must be opened per the legal publication and Council could then consider the request for withdrawal. Public Hearing Mayor Hogue opened the public hearing on ZC 2014-09 at 6:30 pm asking anyone present wishing to address Council on this item to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:31 pm. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Scott to accept the withdrawal of Zoning Case 2014-09 by the applicant. A vote was taken and the motion passed 6-0 with Councilman Jones absent. Minutes November 11, 2014 Wylie City Council Page 3 2. Hold a Public Hearing and consider, and act upon, amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A lots for the purpose of constructing larger homes with expanded outdoor living areas, generally located south of Parker Road and approximately 'Az mile west of Country Club Road. ZC 2014-10 (R.011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject tract was part of a Planned Development approved on March 27, 2001 in order to develop a master planned residential community. A Final Plat was approved in 2012 and created 63 single-family residential lots and three open space lots. The intent of the amendment is to decrease the front and rear yard setbacks for Tract A and Tract B to address builder and market demands for a deeper pad for the purpose of constructing larger homes. The applicant is proposing a decrease as follows: 1. Tract A lots front setback from 25 feet to 20 feet. 2. Tract A lots rear yard setback from 25 feet to 20 feet. 3. Tract B lots front yard setback from 30 feet to 25 feet. 4. Tract B lots rear yard setback from 25 feet to 20 feet. In 2011, an amendment was adopted to allow for a wider main (north/south) route to a collector street and to add alleys to prevent any direct driveway access onto the collector. The adopted Ordinance allowed a front yard minimum setback of 25' for Tract A lots, and 30'for Tract B lots. Applicant Mathew Alexander representing Cambridge Companies gave a short presentation regarding his request for reduced setbacks and the project amenities within the proposed PD amendments. Council Discussion Mayor Hogue asked who Cambridge had been considering for builders in this proposed development. Mr. Alexander replied, no contracts had been signed but conversations were progressing with Drees and Shaddock Home Builders as well as other builders in that caliber of builder. Councilman Wintters voiced concern with the front entry garages having only a 20' setback. Councilman Wintters asked Mr. Alexander if cars would overhang onto the sidewalks when parked in the driveways. Mr. Alexander replied no, generally store parking spaces are 9' by 18'. Planning Director 011ie suggested that three car front entry garages have J swing garages for two of the three garages which would give a setback of more than 20'. Councilman Wintters replied he believed that would solve the issue and was the right thing to do. Mayor Hogue asked Mr. Alexander if this would be something he could adhere to. Mr. Alexander replied without knowing the product design the builder would propose, it would be hard to adhere to the additional setback or J swing designs. Councilman Dahl voiced his concern with cars encroaching on the sidewalks and asked Mr. Alexander if the PD could be revised to require J swing on all front entry 3 car garages. The second stipulation would be if the front entry garage did not have a J swing design there would be an additional 3' setback for the garage; the home could still be the 20' setback. Mr. Alexander replied that builders would not want to redraw their plans; they would either buy lots that fit the design or find another lot. He explained that his application for the amended PD was based on desire from the builders. Councilman Wintters asked Planning Director 011ie what her opinion was regarding front setbacks with front entry garages. Ms. 011ie replied that she felt the current PD request would work with 20' setbacks and felt that most would be J swing garage designs or lots with front entry garages would end up having more front setback footage. Minutes November 11, 2014 Wylie City Council Page 4 Public Hearing Mayor Hogue opened the public hearing on ZC 2014-10 at 6:55 pm asking anyone present wishing to address Council on this item to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:57 pm. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Jones to approve, amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A lots and Tract B lots for the purpose of constructing larger homes with expanded outdoor living areas, generally located south of Parker Road and approximately '/2 mile west of Country Club Road.( ZC 2014-10) A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tern Stephens, Councilman Jones, Councilman Wintters, Councilman Whitney and Councilman Dahl voting for approval and Councilman Scott voting against. 3. Consider and act upon issues surrounding a Retail Development Agreement between the City of Wylie and B&B Theatre Operating Company(S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that on December 13, 2011 the City of Wylie entered into a Retail Development Agreement with B&B Theaters Operating Company. The Agreement calls for the City to provide B&B with a sales tax grant of '/2 cent (.005) of the sales tax generated from B&B Theatre. Among other criteria required to qualify for the Tax Grant, B&B was to provide documentation on or before December 31, 2014 of an appraised value for the project of not less than $10,000,000. The existing value for real and personal property located on site equals $7,328,267 as determined by the Collin County Central Appraisal District. Under the City of Wylie Retail Development Agreement all current and future Tax Grants are voided should B&B default on the agreed upon terms. Satterwhite explained the Wylie Economic Development Corporation (WEDC) also has an incentive agreement with B&B under which a $100,000 incentive payment was made to B&B upon issuance of a certificate of occupancy. Also under the WEDC Agreement, B&B is eligible to earn annual grants of $25,000 along with a 1/2 cent sales tax reimbursement for the next five years. Unlike the City of Wylie Agreement, the WEDC Performance Agreement allows B&B to earn incentives in future years should there be a default with the valuation requirement dropped all together after year three of the Agreement. B&B President Mr. Robert Bagby has requested that the City of Wylie waive any valuation requirement under the Retail Development Agreement and fully fund the Tax Grant. The WEDC received a similar letter with the only difference being that it was requested that the WEDC reduce its incentive based upon a percentage shortfall of valuation. Based upon documentation provided by the Comptroller of Public Accounts, B&B was eligible to receive $25,820 in sales tax reimbursements from both the City and WEDC in November 2014 had it met all performance measures. The cumulative grants and sales tax reimbursement B&B is eligible to earn from both the WEDC and City of Wylie is capped at$600,000. Satterwhite reported the WEDC Board agrees with Mr. Bagby that B&B "lived up to their end of the agreement" in that a "state of the art entertainment facility" was developed and that B&B had little control over the appraised value. However, a $10 mm figure was utilized in developing the incentive package Minutes November 11, 2014 Wylie City Council Page 5 with a $2.7 mm shortfall in valuation representing $67,422 in property taxes that will not be collected annually by the City and WISD which cannot be discounted. Further, B&B is benefitting greatly from a reduced valuation by reducing its annual tax liability. Therefore, the WEDC proposes to Council that the WEDC Performance Agreement be left intact (while reducing the valuation requirement to $7.2 mm), and recommends that Council voids the City of Wylie Retail Development Agreement. Staff estimates that this amended incentive package provides B&B with approximately 74% of the maximum incentive available under the original Agreements. Councilman Jones asked what the City stands to lose if this agreement is cancelled. Mr. Satterwhite explained, based on the agreement the City would be receiving approximately $20,000 less in property taxes and would not be paying $20,000 per year in incentives which would be a wash. Council Action A motion was made by Councilman Wintters, seconded by Councilman Whitney to declare B&B Theatres Operating Company in Default of the Retail Development Agreement between the City of Wylie and B&B thus terminating any obligation to fund Tax Grants contemplated under the Agreement. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tem Stephens, Councilman Wintters, Councilman Scott, Councilman Whitney and Councilman Dahl voting for and Councilman Jones voting against. Mayor Hogue recessed into Executive Session reading the caption below at 7:25 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange,lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Real Property(Bart Peddicord building,land and adjacent parking lot) Mayor Hogue reconvened into Regular Session at 7:36 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. 4. Consider, and act upon, the award of Bid #W2014-77-B Sale of Real Property (Bart Peddicord building,land and adjacent parking lot) in the amount of$482,956.00 to the Wylie Economic Development Corporation, and authorizing the City Manager to execute any necessary documents. (J. Butters, Asst. City Manager) Council Action A motion was made by Councilman Dahl, seconded by Councilman Scott to authorize the award of Bid #W2014-77-B for the Sale of Real Property (Bart Peddicord building, land and adjacent parking lot) in the amount of$482,956.00 to the Wylie Economic Development Corporation, and Minutes November 11, 2014 Wylie City Council Page 6 authorizing the City Manager to execute any necessary documents. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Resolution No. 2014-40(R) approving a certain Resolution adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing one or more loans in the aggregate amount of $722,365 from The American National Bank of Texas and pledging the '/z cent sales tax for economic development as collateral to secure the repayment of said loan(s).(S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the WEDC Board anticipates Council acceptance of a bid to purchase the Bart Peddicord Center for $338,300 and a City-owned parking lot on Jackson Street ($144,656). The WEDC also has under contract a ±6.6 acre tract on Alanis Drive ($420,000) which the WEDC will utilize for promoting light industrial development. The WEDC intends to borrow 80% of the purchase price for the above properties from The American National Bank of Texas and will approve all necessary documentation on 11-7-14. Council Action A motion was made by Councilman Scott, seconded by Mayor pro tern Stephens to approve Resolution No. 2014-40(R) authorizing the WEDC to enter into debt in the amount of $722,365 and pledge its sales tax receipts to secure said debt for the purchase of industrial property on Alanis Drive, and two properties on Jackson Street (Peddicord Center and City parking lot),. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2014-38, 2014-39, and 2014-40 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made Councilman Whitney, seconded by Councilman Jones to adjourn the meeting at 7:43 p.m. A vote was taken and tf motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes November 11, 2014 Wylie City Council Page 7 taive` ` Wylie City Council • AGENDA REPORT Meeting Date: December 9, 2014 Item Number: B Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: November 18, 2014 Budgeted Amount: Exhibits: 2 Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31, 2014. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31,2014. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 18, 2014. (Rev 01/2014) Page 1 of I Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: C Department: Fire (City Secretary's Use Only) Prepared By: Fire Account Code: N/A Date Prepared: November 6, 2014 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2014-41 authorizing the City Manager to Amend Wylie Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Sections 38-22 (Alarm Permit Requirements) and 38-24 (Fees for False Alarm Notification), Regulating Alarm Systems; Providing for the Issuance and Revocation of Alarm Permits and for the Establishment of Permit Fees; Allowing for Response Termination by the City Police and/or Fire Department in the Event of Noncompliance with this Ordinance; Providing a Penalty for the Violation of this Ordinance; Providing Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption hereof; and Providing an Effective Date of this Ordinance. Recommendation Motion to approve, Ordinance No. 2014-41 authorizing the City Manager to Amend Wylie Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Sections 38-22 (Alarm Permit Requirements) and 38-24 (Fees for False Alarm Notification), Regulating Alarm Systems; Providing for the Issuance and Revocation of Alarm Permits and for the Establishment of Permit Fees; Allowing for Response Termination by the City Police and/or Fire Department in the Event of Noncompliance with this Ordinance; Providing a Penalty for the Violation of this Ordinance; Providing Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption hereof; and Providing an Effective Date of this Ordinance. Discussion Changes to the ordinance are requested to reflect monthly billing and enforcement of expired permits. The existing ordinance reflects a previous annual billing process, which is no longer utilized and is currently handled through monthly billing via the City of Wylie Utility bill. In addition, the existing ordinance false alarm didn't have a mechanism allowing issuance of a citation, for failure to resolve excessive false alarm response fees. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2014-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CODE OF ORDINANCES, CHAPTER 38 (EMERGENCY SERVICES), ARTICLE II (ALARM SYSTEMS), SECTIONS 38-22 (ALARM PERMIT REQUIREMENTS) AND 38-24 (FEES FOR FALSE ALARM NOTIFICATION), REGULATING ALARM SYSTEMS; PROVIDING FOR THE ISSUANCE AND REVOCATION OF ALARM PERMITS AND FOR THE ESTABLISHMENT OF PERMIT FEES; ALLOWING FOR RESPONSE TERMINATION BY THE CITY POLICE AND/OR FIRE DEPARTMENT IN THE EVENT OF NONCOMPLIANCE WITH THIS ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas' ("Wylie") Code of Ordinances No. 2005-07, as amended ("Code of Ordinances"), Chapter 38 (Emergency Services), Article II (Alarm Systems), Sections 38-22 (Alalln permit requirements) and 38-24 (Fees for false alarm notification) should be amended as set forth herein; and WHEREAS, the City Council has further investigated and determined it is in the best interest of Wylie and its citizens to regulate alarm systems, provide for the issuance and revocation of alarm permits and establish permit fees, and allow for response termination by the Wylie Police and/or Fire Department in the event of noncompliance with this Ordinance; and WHEREAS, the City Council has further investigated and determined that all legal notices required for amending the Code of Ordinances have been given in the manner and form set forth by law and all other requirements for the adoption of this Ordinance have been fulfilled; and WHEREAS, the City Council has further investigated and determined it is in the best interest of Wylie and its citizens to amend the Code of Ordinances as set forth below to promote the public health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Section 38-22 (Alalln permit requirements). The Code of ORDINANCE NO.2014-41 AMENDING CODE OF ORDINANCES Page 1 of 3 CHAPTER 38,ARTICLE II(ALARM SYSTEMS) 644615.2 Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Section 38-22 (Alarm permit requirements), is hereby amended as set forth below: "ARTICLE II. ALARM SYSTEMS Sec. 38-22. Alarm permit requirements. (g) The permit required by this section shall be valid for a period of 12 months from the date of its issuance, unless revoked by the chief under the provisions of this article. The permit shall be renewed annually by the permit holder, provided that the permit holder is not in violation of this article. Failure to renew the permit within 30 days of its expiration will be subject to the issuance of a citation. (h) A nonrefundable monthly fee, as determined by the city, shall be paid for the permit by the applicant for each alarm system. SECTION 3: Amendment to the Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Section 38-24 (Fees for false alarm notification). The Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Section 38-24 (Fees for false alarm notification), is hereby amended as set forth below: "ARTICLE II. ALARM SYSTEMS Sec. 38-24. Fees for false alarm notification. (1) The chief, in his sole discretion, may terminate law enforcement responses to a permit holder because of excessive false alarms if the permit holder fails to pay the false alarm fees required by this article. In order to effect termination, the chief must issue written notice to the alarm permit holder that the account is past due on false alarm charges. The notice must specify that law enforcement responses will be terminated if the alarm permit holder does not remit payment or make arrangements for payment within a period of time not less than 30 days from the date of the notice provided herein. In addition, the chief, in his sole discretion, may issue a citation to the pelniit holder if the permit holder fails to pay the noticed false alarm charges. ORDINANCE No.2014-41 AMENDING CODE OF ORDINANCES Page 2 of 3 CHAPTER 38,ARTICLE II(ALARM SYSTEMS) 644615.2 SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing. The Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional and/or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 9th day of December, 2014. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date(s) of Publication: December 17, 2014, Wylie News ORDINANCE NO.2014-41 AMENDING CODE OF ORDINANCES Page 3 of 3 CHAPTER 38,ARTICLE II(ALARM SYSTEMS) 644615.2 Meeting Date Department: Prepared By: Wylie City Council December 9, 2014 Item Number: Fire Fire Date Prepared: November 7, 2014 u Account Code: Budgeted Amount: Exhibits: 2 (City Secretary's Use Only) Consider, and act upon, Resolution No. 2014-41(R) authorizing the City Manager to amend Resolution No. 2010 -39(R) and approve and execute a revised Facilities Use Agreement and associated contracts and paperwork with an entity wishing to utilize the Southeast Collin County Regional Training Facility located behind Station Two at 555 Country Club, Wylie, Texas and meeting the requirements of the Rules of Engagement. Motion to approve, Resolution No. 2014 -41(R) authorizing the City Manager to amend Resolution No. 2010 - 39(R) and approve and execute a revised Facilities Use Agreement and associated contracts and paperwork with an entity wishing to utilize the Southeast Collin County Regional Training Facility located behind Station Two at 555 Country Club, Wylie, Texas and meeting the requirements of the Rules of Engagement. The Southeast Collin County Regional Training Facility opened in April of 2002. At the time of construction, the only fire training facility was in McKinney. In order for area departments to train adequately they were required to remove apparatus a great distance away from their district requiring major dependency on surrounding fire departments for fire coverage for their cities. The facility also was a requirement and asset for Wylie Fire Rescue to receive an ISO rating of one. In 2010, WFR established a facilities use agreement because additional area departments were requesting usage of the facility. This agreement required a new agreement with each use. The changes in the new facilities use agreement allows for a two year term, reducing paperwork for area departments. It also includes changes to insurance requirements and adds a short form request "Use agreement" suggested by legal counsel. Additionally, the Rules of Engagement have been altered and shortened for clarity. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2014-41(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO AMEND RESOLUTION NO. 2010-39(R) AND APPROVE AND EXECUTE A REVISED FACILITIES USE AGREEMENT AND ASSOCIATED CONTRACTS AND PAPERWORK WITH AN ENTITY WISHING TO UTILIZE THE SOUTHEAST COLLIN COUNTY REGIONAL TRAINING FACILITY LOCATED BEHIND STATION TWO AT 555 COUNTRY CLUB, WYLIE, TEXAS AND MEETING THE REQUIREMENTS OF THE TRAINING RULES OF ENGAGEMENT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, A revised Facilities Use Agreement with an entity wishing to utilize the Southeast Collin County Regional Training Facility located behind Station Two at 555 Country Club, Wylie, Texas and meeting the requirements of the Rules of Engagement. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on this the 9th day of December, 2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-41(R) Training Facility Use Agreement EXHIBIT "A" LICENSE AGREEMENT FOR USE OF THE SOUTHEAST COLLIN COUNTY REGIONAL TRAINING FACILITY This License Agreement ("Agreement") is executed this day of 20 ("Effective Date"), by , a ("Licensee"), and the City of Wylie, Texas, a Texas home-rule municipality ("Wylie"). Licensee and Wylie are sometimes referred to collectively as the"parties"or individually as a"party." WHEREAS, Wylie is the owner of real property and all improvements located at 555 Country Club, Wylie, Collin County, Texas, generally known as the Southeast Collin County Regional Training Facility("Facility"), which is used for fire rescue and other public safety training activities; and WHEREAS, Licensee desires to use the Facility from time to time to provide training activities for fire-rescue and/or other public safety personnel ("Personnel"); and WHEREAS, Licensee represents and warrants that it is authorized, qualified and competent to provide the contemplated training activities at the Facility; and WHEREAS, Wylie is willing to grant Licensee a non-exclusive, revocable license to use the Facility during certain time periods for the purposes set forth herein; and WHEREAS, Wylie has investigated and determined that the purpose of the license granted to Licensee in this Agreement will improve the quality of public safety and emergency response. NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants and agreements contained herein and for other good and valuable consideration, the parties agree as follows: ARTICLE I Grant and Term of License; Use Agreement 1.1. Grant of License. Wylie hereby grants Licensee a non-exclusive, revocable license as set out in each approved Use Agreement (as defined herein) to use the Facility during certain Training Periods (as defined herein) for the purpose of training Personnel, subject to the terms of this Agreement. 1.2. Commencement Date; Term. The initial term of this Agreement shall commence on the Effective Date and shall continue in effect for a period of two (2) years, unless terminated earlier under the provisions of this Agreement. This Agreement shall automatically renew after the Initial Term expires for one (1) additional two (2) year term as long as Licensee remains in full compliance with all other provisions of this Agreement; provided, however, that either party may terminate this Agreement by providing written notice to the other party of its intention not to renew this Agreement at least ninety(90) days prior to the expiration of any term. All the terms and conditions of this Agreement apply to any renewal terms, subject to amendment by the mutual agreement of the parties in writing and signed by both parties. During the Initial Term and any renewal teens of this Agreement, Licensee shall be permitted to use the Facility only during the time period(s) identified and approved in a Use Agreement (as defined herein). 563458-1 1.3. Use Agreement. For each desired use of the Facility during the term of this Agreement, Licensee must apply for advance written approval on the standard Use Agreement, which is attached hereto as Exhibit "A" and incorporated herein for all purposes ("Use Agreement"). Licensee must provide all information requested on the Use Agreement. The Wylie Fire Chief or his designee ("Administrator") is authorized to approve or disapprove Use Agreements on Wylie's behalf in accordance with the purpose of this Agreement and the availability of the Facility. Each approved Use Agreement shall constitute the granting of a non-exclusive revocable license for Licensee to use the Facility for the specified training event or activity during the specified time period("Training Period"), all as identified and approved on said Use Agreement. Each approved Use Agreement is incorporated herein as part of this Agreement for all purposes. ARTICLE II Conduct and Use of Facility by Licensee 2.1. Use of Facility. Licensee's use of the Facility shall be strictly limited to training Personnel in accordance with the terms and conditions of this Agreement, including the date(s), time(s), activity(ies) and attendance identified on an approved Use Agreement. Licensee shall not use or permit the use of the Facility for any other purpose whatsoever. 2.2. Participants. Licensee agrees,represents and warrants that any and all training conducted under this Agreement shall be conducted under appropriate supervision and in accordance with all applicable training regulations and industry standards to minimize exposure to undue harm. Licensee agrees, represents and warrants that all training shall be conducted by instructors and other applicable personnel who are fully qualified and have all necessary licenses or other required approvals. Licensee further agrees, represents and warrants that all students and other participants in the training to be performed under this Agreement shall have all necessary certifications, have met all necessary prerequisites, and otherwise are fully qualified, competent and fit to participate in said training. Licensee shall not allow any minor person to participate in or attend any activities at the Facility, or to otherwise be present at the Facility. 2.3. Explosives; Noise Amplification. Licensee shall not cause or allow, and shall prohibit, the use or presence of any explosives in or around the Facility, except for explosive devices that are designed and lawfully used as training aids with advanced written approval from the Administrator. Licensee shall not cause or allow, and shall prohibit, the use any noise amplification device unless approved in advance by the Administrator. 2.4. Condition of Facility. Licensee accepts the Facility in"as is"and"where is" condition as of the commencement of Licensee's use of the Facility each day of the Training Period. Licensee accepts that the Facility may contain visible and/or hidden, known and/or unknown, hazards and hazardous materials. Licensee hereby accepts all risk relating to use of the Facility. Wylie makes no warranties or representations about the condition or capabilities of the Facility, or the suitability or appropriateness of the Facility for Licensee's use. Licensee shall not be entitled to rely on any such warranties or representations that may be, or may have been made, by any Wylie personnel or representative. Licensee shall make no improvements, alterations or additions to the Facility whatsoever. 2.5. Inspections. At the commencement of Licensee's use of the Facility each day of the Training Period, Licensee shall inspect the Facility and immediately notify the Administrator in writing of any damage to the Facility or any condition or activity at the Facility which poses a risk to persons or property beyond any risk inherent in the training activity. These obligations shall continue throughout the Training Period, including a final inspection at the conclusion of Licensee's use of the Facility every day during each Training Period. If directed by Wylie, Licensee shall postpone any or all of its use of the 563458-1 Facility until Wylie notifies Licensee that it may commence or resume its use. Failure of Licensee to inspect the Facility or notify the Administrator shall not relieve Licensee of its obligation to pay for damages pursuant to Section 4.2. 2.6. Waste or Nuisance. Licensee shall not commit or cause to be committed in or around the Facility any waste, nuisance or other act or thing which may result in damage or depreciation of value of the Facility, or which may result in an unsightly condition, or which may affect Wylie's interest in the Facility. Licensee shall not obstruct access to the Facility, the parking areas, driveways and other contiguous areas of the Facility. Licensee shall not cause or allow the use, presence, storage or disposal of any substance or object prohibited by law or any contaminants whatsoever, including but not limited to hazardous or toxic materials or substances, chemicals and petroleum products, in or around the Facility, except for devices that are designed and lawfully used as training aids with advanced written approval of the Administrator. 2.7. Compliance with Laws, Regulations and Procedures. Licensee shall, at its sole cost and expense, secure any and all required licenses and permits and shall comply with all federal, state and city laws, statutes, ordinances, regulations and standard operating procedures ("SOP"), as they may be amended from time to time, pertaining to Licensee, its use of the Facility and its acts therein. Licensee shall strictly comply with all terms, conditions, rules, protocols, procedures and polices set out in, or incorporated into, this Agreement, including on the Fee Schedule ("Fee Schedule"), any applicable Use Agreement and in Wylie Fire-Rescue SOP # 1.6.1.2 and SOP # 1.5.3.3, as they may be amended from time to time. Licensee acknowledges that it has received and reviewed SOP # 1.6.1.2 and SOP # 1.5.3.3. The Fee Schedule and SOP # 1.6.1.2 and SOP # 1.5.3.3, all of which may be amended from time to time at the sole discretion of Wylie, are hereby incorporated as a part of this Agreement for all purposes. Licensee shall ensure that its officers, employees, volunteers, instructors, students, trainees, agents, contractors, invitees and all other persons entering the Facility with or without Licensee's consent or knowledge comply with all applicable laws, statutes, ordinances, regulations and SOPs. 2.8. Safety Officer. Licensee shall assign at least one (1) safety officer to be present at the Facility at all times during each Training Period to monitor all activities, events or training involving live fire exercises, hazardous materials, above-and-below-grade rescue, the use of power tools or other hazardous substances or conditions. 2.9. Wylie's Right to Enter. Wylie shall have the right to enter the Facility at any time, without notice, for any purpose whatsoever. In the event that a Wylie work activity will take place at the Facility during Licensee's Training Period that will disrupt or interfere with Licensee's operations, Wylie will endeavor to provide prior notice to Licensee. ARTICLE III Fees 3.1. Fees. The cost for conducting the training events and activities authorized by this Agreement shall be the full responsibility of Licensee. For each use of the Facility, Licensee shall pay Wylie the fees set forth on the Fee Schedule in effect at the time of said use, for all personnel, equipment, apparatus, props and/or supplies used by Licensee (collectively, "License Fee"). Additionally, certain types of training may require or permit the use or rental of certain Wylie personnel, equipment, apparatus, props and/or supplies, at Licensee's sole expense, as detailed on the Fee Schedule and/or Use Agreement. 3.2. Deposit; Extra Fees. As a deposit to hold the Facility for Licensee's use, Licensee shall pay to Wylie one-half of the License Fee due upon execution of the corresponding Use Agreement. The full unpaid balance of the License Fee shall be due and payable within thirty(30) days after the expiration 563458-1 or earlier termination of the corresponding Training Period. In the event that Licensee's actual use of the Facility, personnel, equipment, apparatus, props and/or supplies exceeds that anticipated on the Use Agreement, Licensee shall be invoiced for the extra fees based on actual use, which shall be due and payable as part of, and at the same time as, the balance due on the License Fee. In addition to the License Fee, Licensee shall reimburse Wylie for any and all damages to the Facility resulting from Licensee's use, as set forth in Section 4.2. Licensee shall reimburse Wylie for all said expenses within thirty (30) days after receipt of a written invoice for reimbursement from Wylie. ARTICLE IV Repairs and Maintenance of Facility 4.1. Repairs and Maintenance; Surrender of Facility. All portions of the Facility and all of Wylie's property and/or equipment at the Facility shall be kept in good repair and condition by Licensee during each Training Period. Licensee shall maintain the Facility free of trash and debris. At the conclusion of each Training Period, and at the conclusion of Licensee's use of the Facility on each day of the Training Period, Licensee, at its sole cost and expense, shall surrender the Facility to Wylie in good repair and condition and otherwise in the same condition the Facility were in at the date and time that the Training Period commenced; provided, however, that with the prior written consent of the Administrator, Licensee may leave its personal property at the Facility at the end of a training day, if it is not the conclusion of the Training Period, in accordance with any direction of the Administrator. Wylie shall not be responsible for any personal property left by Licensee. 4.2. Damages. Licensee shall be fully responsible for protecting the Facility and Wylie's property and equipment located within the Facility from damage. Notwithstanding anything herein to the contrary, Licensee shall not repair or attempt to repair any damage to the Facility. In the event of any damage to the Facility or Wylie's property and/or equipment at the Facility arising in any way from Licensee's use of the Facility, Wylie shall determine the cost of making the necessary repairs, maintenance or replacements, including administrative expenses. Licensee shall pay said amount to Wylie within thirty (30) days after receipt of a written invoice from Wylie. Damage to the Facility and/or Wylie's property and/or equipment at the Facility shall be presumed to have arisen from License's use if said damage was not noted in writing by Licensee at the commencement of its use of the Facility each day of the Training Period pursuant to Section 2.5. 4.3. Security. Licensee shall be fully responsible for prohibiting unauthorized persons from entering the Facility during the Training Period, and for leaving the Facility in a safe condition at the end of its use each day of the Training Period. ARTICLE V Insurance, Liability and Indemnity 5.1. Insurance. Licensee shall procure and keep in full force and effect throughout the term of this Agreement, at its sole cost and expense, all of the insurance policies specified in, and required by the Wylie Insurance Requirements, attached hereto as Exhibit "B" and incorporated herein for all purposes. Licensee also shall comply with all other requirements set forth in Exhibit "B". The requirements contained herein and in Exhibit"B", as well as Wylie's review or acceptance of insurance maintained by Licensee, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Licensee under this Agreement. In no event shall the limits of said insurance policies be considered as limiting the liability of Licensee under this Agreement. 5.2. Liability. To the fullest extent permitted by law, Licensee shall be fully and solely responsible and liable for its own acts and omissions, including those of its officers, employees, 563458-1 volunteers, instructors, students, trainees, agents, contractors, invitees and all other parties it allows onto the Facility. Wylie assumes no such responsibility or liability. Licensee acknowledges and agrees that Licensee, its officers, employees, volunteers, instructors, students, trainees, agents, contractors, invitees and all other parties Licensee allows onto the Facility are not employees, agents, representatives or independent contractors of Wylie. Nothing in this Agreement shall be construed to create or impose on Wylie any responsibility or obligation for any wages, salary,workers' compensation, disability benefits or other compensation, remuneration or benefits to Licensee, including its officers, employees, volunteers, instructors, students, trainees, agents, contractors, invitees and all other parties it allows onto the Facility. To the fullest extent permitted by law, Licensee assumes full responsibility and liability for any and all injuries or damages to its officers, employees, volunteers, instructors, students, trainees, agents, contractors, invitees and all other parties it allows onto the Facility, and for any and all damage to its equipment and its other property. Wylie shall have no such responsibility or liability to either Licensee or said employees, volunteers or other persons. 5.3. Participant Release. Licensee shall require a Participant Release of Liability Form, attached hereto as Exhibit "C" and incorporated herein for all purposes, to be executed by each participant in a Training Period. 5.4. Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE, ITS OFFICERS, EMPLOYEES, VOLUNTEERS, INSTRUCTORS, STUDENTS, TRAINEES, AGENTS, CONTRACTORS AND INVITEES (COLLECTIVELY REFERRED TO AS "LICENSEE" FOR PURPOSES OF THIS SECTION), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS "WYLIE" FOR PURPOSES OF THIS SECTION) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF LICENSEE UNDER THIS AGREEMENT, THE LICENSE GRANTED HEREUNDER, THE USE OF THE FACILITY OR ANY ACT OR OMISSION OF LICENSEE IN OR AROUND THE FACILITY, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF WYLIE. WYLIE WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACT OR OMISSION OF LICENSEE. LICENSEE AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE,MALFEASANCE,ACT OR OMISSION. IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY LICENSEE IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF LICENSEE'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF LICENSEE'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. LICENSEE SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF LICENSEE FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,AND LICENSEE SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. 563458-1 THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. ARTICLE VI Revocation of License/Use Agreement; Termination for Convenience; Default 6.1. Revocation of License/Use Agreement. Notwithstanding anything herein to the contrary, the rights granted to Licensee hereunder amount only to a non-exclusive license to use the Facility during the Training Period, as approved in a Use Agreement, which license/Use Agreement(s) is expressly revocable by Wylie for any reason whatsoever upon notice to Licensee and without recourse, damages or rights of recovery to Licensee. On Licensee's receipt of notice from Wylie of the revocation of any such license/Use Agreement, Licensee's right to utilize said Facility shall terminate immediately, or at a later date if such date is identified by Wylie. Licensee shall surrender the Facility to Wylie immediately upon termination. Notwithstanding anything herein to the contrary, if Wylie revokes a license/Use Agreement prior to or during its corresponding Training Period for any reason not relating directly or indirectly to the activities, acts or omissions of Licensee, as deteiniined by the Administrator, then Wylie will reimburse Licensee on a pro-rata basis for the corresponding License Fee and/or deposit paid by Licensee, less any fees and expenses due to Wylie. 6.2. Termination for Convenience. Wylie may terminate this Agreement for convenience at any time on written notice to Licensee and without any recourse, damages or rights of recovery to Licensee. Licensee may terminate this Agreement for convenience on thirty (30) days written notice to Wylie. If either party terminates this Agreement for convenience as provided herein, then both parties shall be relieved of all further obligations hereunder subsequent to the date of termination. Without terminating the full Agreement, Wylie may terminate any Use Agreement for convenience in accordance with Section 6.1, and Licensee may terminate any Use Agreement for convenience on written notice to the Administrator at least five (5) business days prior to the commencement of the Training Period approved by said Use Agreement. Licensee's right to utilize the Facility under said Use Agreement shall cease, and Licensee shall surrender the Facility to Wylie, immediately on termination. If either party terminates a Use Agreement for convenience as permitted herein, then both parties shall be relieved of all further obligations under said Use Agreement subsequent to the date of its termination. All other obligations arising under this Agreement, including nonteiiiiinated Use Agreements, shall remain in place. If Licensee terminates a Use Agreement for convenience with the requisite five (5) business days written notice, then Wylie shall refund the corresponding License Fee deposit paid by Licensee. If Licensee terminates a Use Agreement without the requisite five (5) business days written notice, then Wylie shall retain the full deposit and also may take any other action to protect or enforce its rights, including but not limited to, seeking damages for the full License Fee and other damages 6.3. Default. Licensee's violation of, or failure to perform or observe, any of the agreements, covenants, obligations, representations or conditions contained herein, including any agreements and documents incorporated into this Agreement, to be performed or observed by Licensee shall constitute a default of this Agreement by Licensee. In such case, Wylie may, in its sole discretion, immediately terminate this Agreement in full, or it may terminate any Use Agreement(s) without terminating the full Agreement, without any recourse, damages or rights of recovery to Licensee, and/or take any other legal action to protect and enforce its rights. ARTICLE VII Miscellaneous 7.1. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the parties. 563458-1 7.2. Governing Law; Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas, without regard to Texas' choice of law provisions. The exclusive venue for any action arising out of the parties' performance under this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 7.3. Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 7.4. Immunity. The parties acknowledge and agree that, in executing and performing this Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 7.5. Entire Agreement. This Agreement constitutes the sole and only agreement of the parties with respect to the matters contained herein. This Agreement supersedes any prior understandings or written or oral agreements between the parties concerning these matters. This Agreement may not be modified or terminated except in accordance with the provisions hereof or by the mutual written agreement of the parties. CITY OF WYLIE, TEXAS By: Mindy Manson, City Manager ATTEST: Carole Ehrlich, City Secretary LICENSEE: By: Print Name: Title: 563458-1 EXHIBIT "B" (Use Agreement) This section to be filled out by applicant/organization ("Organization") Requesting Organization: Contact Person: Billing Address: City/Zip Code: Phone: E-mail: Name of Training Event/Activity: Expected Attendance: Training Period: Proposed Training Date(s) Hours(From/To) Facility Area(s) Requested: Training Activity(ies)Proposed: Organization represents and warrants that it has an active License Agreement for training at the Southeast Collin County Regional Training Facility. Organization shall comply with all terms of said Agreement and with all rules and regulations identified therein. Fifty percent (50%) of the License Fee is due upon execution of this Use Agreement. The full balance of the License Fee is due thirty(30) days after expiration or earlier termination of the above-identified Training Period. If Organization's actual use exceeds that anticipated herein, Organization shall be invoiced for the additional fees. Organization shall be invoiced for any damage resulting from its activities. Organization Name: By: Date: Authorized Signature Print Name and Title To be completed by authorized Wylie representative and returned to applicant Your application has been: approved disapproved modified as described on attached (any modification must be initialed by Organization) License Fee: $ 50%Deposit collected: $ Date: Signature: Date: 563458-1 EXHIBIT "C" (Wylie Insurance Requirements) I. GENERAL INSURANCE REQUIREMENTS —Licensee shall, during the term of the Agreement, or any renewal or extension thereof, provide and maintain the types and amounts of insurance as set forth herein at Licensee's sole cost and expense. Licensee is not relieved of any liability or other obligations arising under this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration or types. All insurance and certificate(s) of insurance shall contain the following provisions: A. Name Wylie and its City Council members, officers, agents, representatives and employees as additional insureds as to all applicable coverage with the exception of workers compensation insurance. B. Provide for at least thirty (30) days prior written notice of cancellation, non-renewal or material change or modification of any policies, evidenced by return receipt or United States Certified Mail. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. C. Provide for a waiver of subrogation against Wylie for injuries, including death, property damage or any other loss to the extent the same is covered by the proceeds of the insurance. D. Provide an endorsement(s) applicable to each policy. II. INSURANCE COMPANY QUALIFICATION — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas and shall have a minimum rating of"A"by A.M. Best's Key Rating Guide, or other equivalent rating service(s). III. CERTIFICATE OF INSURANCE — A Certificate of Insurance and accompanying endorsement(s) evidencing the required insurance shall be submitted with the Licensee's execution of the Agreement. If the Agreement is renewed or extended, a Certificate of Insurance shall also be provided to Wylie prior to the date the Agreement is renewed or extended. IV. INSURANCE CHECKLIST — "X" means that the following coverage is required for the Agreement: Coverage Required Limits X l. Worker's Compensation & • Statutory Limits of the State of Texas Employer's Liability X 2. General Liability ISO Form GL 00 • Minimum$1,000,000.00 each occurrence; 01 (or similar form) • Minimum$2,000,000.00 in the aggregate. X 3. Coverage under the General Liability Insurance is primary to all other coverage City may possess. 4. Other Insurance Requirements (state below): 563458-1 EXHIBIT "D" (Participant Release of Liability Form) I, , the undersigned ("Releasor"), being over the age of 18, have voluntarily chosen to participate in training and/or other activities at the Southeast Collin County Regional Training Facility ("Facility"). I fully understand that my use of and/or participation in training or other activities at the Facility may result in serious injury, illness and/or death to my person and/or damage to my property. Although I appreciate these risks, I desire to use the Facility and/or participate in training and/or other activities at the Facility without regard to the consequences. I assume full and complete responsibility for any injury, accident, incident and/or activity that may occur to me or my property, as applicable, in my participation in any training and/or activities at the Facility. In consideration for my right to use or participate in the use of the Facility, I hereby agree to release, acquit, hold harmless, forever discharge and waive any and all claims that I may, now or later, have against the City of Wylie, Texas, its Council Members, officers, agents, representatives, employees, members, heirs, legatees, administrators, executors and assigns, in whole or in part, in both their private and public capacities (collectively, "Releasees"). This shall include the release of any and all actions, causes of actions, claims, demands, damages, lawsuits, costs, loss of services, expenses and compensation, whether known or unknown, on account of, or in any way arising out of or connected in any manner with my use of the Facility and/or participation in any training or other activities at the Facility, including, but not limited to, liability, damages, injury (including death),property damage, legal fees and/or costs caused by or related to any negligent or intentional act of any Releasee. I declare and represent that in making this release: (1) I rely wholly upon my own judgment, belief and knowledge of the nature of my decision to participate in any training and activities at the Facility; and (2) I have not been influenced to any extent whatsoever in making this release by any representations or statements made by any of the Releasees; and (3) I recognize and acknowledge that the Releasees, individually and/or collectively, make no warranties, express or implied, as to the Facility; and (4) I recognize and agree that while using the Facility and/or participating in any training or activities at the Facility, I will not be an agent, servant or employee of the City of Wylie, Texas, and I will not be covered by the City of Wylie, Texas for any benefits, including, but not limited to, workers compensation and/or death and/or disability benefits. It is my express intention in signing this release to bind myself, my executors, my administrators, my heirs, my legatees and my assigns. This release is for the benefit of the Releasees and all others who may be liable to me for any damage, halm and/or injury to me (including death) or property arising out of my participation in training and/or activities at the Facility, as well as use of the Facility. It is further agreed that the execution of this release and acceptance of the same shall not constitute a waiver by the Releasees of their governmental immunity and/or any other defense they may have at law and/or equity, whether local, state or federal. Acceptance of this release by the City of Wylie, Texas is not to be construed as an admission of any liability whatsoever by any or all of the Releasees. I, the undersigned, have carefully read the foregoing and know and understand the contents thereof. I sign this release voluntarily as my own free act, with full knowledge of its significance, intending for me to be legally bound thereby. Signature Print Name Date Resolution No. 2014-41(R) Training Facility Use Agreement EXHIBIT"E" (RULES OF ENGAGEMENT) } Southeast Collin s w£. :( � \ / ,., „sum. /,..s., ,,....,,c,, ...., 4,. 7 ..„, ,,,,,,,,...., if. . 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We must keep in mind the fact that even though the primary burn structure is made of concrete it can be damaged. All live fire training will be conducted in accordance with NFPA 1403 2012 ed. These guidelines have been established to ensure the longevity of the training facility. It is not our intention to make it difficult for other departments or organizations to use the facility but rather to guarantee that it will remain a viable training resource for many years to come. Failure to follow the guidelines set forth on the following pages will jeopardize your department or organization's future use of the training facility. If you have any questions or are unsure of anything regarding the use of the facility, please contact the Administrative Battalion Chief assigned to training at (972) 941-8961. Reserving the Training Facility Scheduling use of the Southeast Collin County Regional Training Facility is on a first come, first serve basis. You may schedule use of the facility by contacting the City of Wylie's Fire Administration at 972-941-8961. If the dates you request are available, it will be reserved for the department or organization. If circumstances change and you must cancel. your scheduled use of the facility, please let us know as soon as possible so that we may open the date(s) for others to use. Member departments will be given priority over non-member department in cases of scheduling conflicts. Safety Officer/Training Coordinator Each organization that makes use of the facility must have an on-site Safety Officer/Training Field Coordinator supplied by Wylie Fire Rescue. The safety officer will be a Texas Commission on Fire Protection safety officer. This does not preclude the agency from using their own safety officer; however, a Wylie attendant is still required to be present during any training by an outside agency. See fee schedule for rate information. Clean Up It is the responsibility of those using the facility to clean up at the end of the day. Shovels, a wheelbarrow and a small dumpster are on-site to aid in the clean-up process. All burn materials must be extinguished and placed in the dumpster located at the rear of the facility. All large unburned materials should be cut or broken up to take up less space in the dumpster. Restroom Facilities Restrooms are inside Fire Station 2. You may enter through the door on the north side of the building. Please ensure all doors are closed and secured when you leave the training facility. NO BUNKER GEAR OR MUDDY BOOTS WILL BE ALLOWED IN THE FIRE STATION. Arrangements may be made to have portable toilets brought in for larger training events. Facility Use Agreement This contract is to be completed by the appropriate representative of the entity requesting usage of the facility to train their paid/volunteer personnel. All paperwork should be received two weeks in advance to retrieve appropriate signatures on 563458-1 the documents. The agreement must be signed by the City of Wylie city manager. Contracts have a two year term unless cancelled by either party as described in the Facility Use Agreement. Use Agreement A use agreement form must be completed for each use of the facility by the entity requesting to utilize the Southeast Collin County Regional. Training Facility. The form may be used to request the use of the facility via email or it may be completed directly after the training date has been secured by a Wylie Fire Rescue officer. Participant Release Forms The city requires that participant release forms be completed prior to use of the training facility for any department/organization utilizing the Southeast Collin County Regional Training Facility. These documents may be provided to the Wylie Fire Department with the Facility Use Agreement, Use Agreement, or as late as the day of training; however, they must be provided before training takes place. Fees for Use Training needs vary and therefore fees will vary. Please request a quote from a Southeast Collin County Regional Training Facility representative. 563458-1 FACILITIES FOR USE Roof Ventilation Simulator The mock ventilation simulator on top of the burn building allows you to train in vertical ventilation, sounding the roof, and cutting ventilation holes with an axe or power saw. Trench Rescue Simulator T- he Trench. Rescue simulator is a permanent concrete structure. It is configured to accommodate straight, L, and T trench simulations. Confined Space Simulator T- his specially designed and constructed prop provides a realistic, yet safe environment to conduct specialized rescue training activities. 30" and 36"pipes replicate various below grade environments. Drill Tower A 4- 0' open air tower ideal for rope rescue and repelling training. It may also be used for aerial apparatus placement training as well as aerial ladder rescue training. Ground ladder training of all lengths may be conducted on the drill tower. Forcible Entry Simulator The Inforcer A mobile forcible entry simulator that is realistic and versatile. It simulates outward swinging door, inward swinging door, drop bar bolt cutting, hinge cutting, deadbolt cutting and padlock cutting. There is also a rollup overhead door simulator. This prop may be used off-site as well. Burn Building A concrete block building designed to simulate a small residential structure. It is divided into two rooms. Each room is fitted with steel window in steel frames that can be opened and closed at will. Both rooms have an access hole through the ceiling to simulate "getting into the attic". Fire Behavior & Rollover Chamber Engineered metal container attached to the burn building designed to allow for the observation of fire build up and roll- over, the effects of both vertical and horizontal ventilation and the use of hose streams to control fire conditions. Positive Pressure Attack(PPA) Building Designed to show students the effects of air flow paths through structures on fire, heat and smoke. It is essentially a small five room residential structure with a roof and windows. The PPA building is used in conjunction with the Positive Pressure Fire Attack class,but can also be used for search and RIC training. 563458-1 RULES FOR LIVE FIRE TRAINING Fuel The Burn Building was not designed to see "HOW HOT THEY CAN TAKE IT", but rather to simulate the heat and smoke firefighters must work in within a controlled training environment. These guidelines should provide sufficient fire and smoke for any training session. Only Class A fuels can be burned in the interior of the burn rooms, in the burn chamber, and in the PPA building Permitted fuels: wooden pallets (no treated lumber), hay, straw, and the like. However, no flammable liquids may be used to start fires. A propane torch and cylinder are on site to ignite the fuels. The striker is maintained with the torch. It is the responsibility of each user to furnish their own fuel. Do not use fuel found on site without explicit permission. For a fee,pallets and hay and other materials necessary for fire training may be provided. DO NOT BURN TREATED LUMBER. CARDBOARD OR PAPER. USE OF ACCELERANT FLAMMABLE LIQUIDS IS PROHIBITED Fuel Load To reduce the risk of injury to those participating in live burn training, the following guidelines should be followed: • Burn Building Rooms l&2: Cut pallet to sit on stand without tipping over, place 1/3 to '/2 bale of hay on pallet, secure by placing another piece of pallet on top of hay. Wet hay to help in smoke generation. • Rollover Chamber: Use 2-3 pallets arranged in tee-pee fashion stuffed with 1/2 bale of hay. A pallet may be added to the chain holders above the fire and to each side if desired. • PPA Building: Use 4-6 pallets stuffed with 1/2 3/4 bale of hay in each room. With the approval of the safety officer, a few scraps of plywood previously used on the windows from may be added. 563458-1 OF Wit, , il \ Wylie City Council .pm... AGENDA REPORT Meeting Date: December 9, 2014 Item Number: E Department: Wylie Fire Rescue (City secretary's Use Only) 445-5445-58850: $29,486.36 449-5449-58850: $44,583.64 449-5449-52130: $17,753.10 449-5449-54810: $9,326.32 Prepared By: Purchasing Account Code: 100-5231-56060: $5,816.48 Date Prepared: December 2, 2014 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-42(R) of the City Council of the City of Wylie, Texas, authorizing the purchase of LifePak®15 Monitor/Defibrillator units, related accessories, and technical service agreement from Physio- Control Inc., a sole-source provider of LifePak® products, in the estimated amount of$106,965.90; and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve Resolution No. 2014-42(R) of the City Council of the City of Wylie,Texas, authorizing the purchase of LifePak® 15 Monitor/Defibrillator units,related accessories, and technical service agreement from Physio-Control Inc., a sole-source provider of LifePak®products,in the estimated amount of$106,965.90; and authorizing the City Manager to execute any necessary documents. Discussion Under the existing agreement between Wylie Fire Rescue (WFR) and East Texas Medical. Center (ETMC) to provide paramedic ambulance services and equipment, ETMC has upgraded the technology on two (2) ETMC medic units and two (2) WFR medic units to LifePak® 15 Monitor/Defibrillator units. ETMC reached this decision upon the completion of a study of the available technology, and upon the recommendation of the Medical Control Officer(Dr. Moore). To ensure consistency in treatment provided to the public and uniformity in training and operation of the equipment, staff recommends the approval of the purchase of LifePak® 15 Monitor/Defibrillator units from Physio-Control, Inc. in the estimated amount of$106,965.90: • four(4)LifePak®15 Monitor/Defibrillator units and related accessories; • two (2)year technical support service agreement; • trade-in of four(4) existing LifePak®12 Biphasic 3 Defibrillator units; and • financial credit for the cancelation of the existing LifePak® 12 technical service agreement Physio-Control Inc. is the sole source provider of LifePak®equipment. This purchase is considered necessary to preserve or protect the public health or safety of the municipality's residents, falling under section 252.022(a)(2) of the Local Government Code general exemptions from the bid requirements. Page 1 of 1 RESOLUTION NO. 2014-42(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO AUTHORIZE THE PURCHASE OF LIFEPAK® 15 MONITOR/DEFIBRILLATOR UNITS, RELATED ACCESSORIES, AND TECHNICAL SERVICE AGREEMENT FROM PHYSIO-CONTROL INC., PROVIDER OF LIFEPAK® PRODUCTS, IN THE ESTIMATED AMOUNT OF $106,965.90. WHEREAS, Wylie Fire Rescue has identified a need to purchase new LIFEPAK® 15 monitor/defibrillator units, related accessories and technical service agreement; and WHEREAS, procuring life-saving medical devices is critical to providing effective emergency medical services to the public; and WHEREAS, the purchase of the LIFEPAK© 15 defibrillators, related accessories and technical service agreement is necessary to preserve and protect the public health and safety and is exempt from competitive bidding pursuant to Section 252.022(a)(2) of the Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section I. The City Council hereby approves the purchase of LifePak® 15 Monitor/Defibrillator units, related accessories, and technical service agreement from Physio- Control Inc., in the estimated amount of$106,965.90. Section II. The City Council hereby finds and determines that the purchase of LifePak© 15 defibrillators, related accessories, and technical service agreement is necessary to preserve and protect the public health and safety and is exempt from competitive bidding pursuant to Section 252.022(a)(2) of the Local Government Code. Section III. The City Council hereby authorizes the City Manager or his designee to execute any and all documents in connection with the above expenditure. Section IV. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on. this the 9th day of December, 2014. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2014-42R) Purchase of LifePak©Monitor/Defibrillators uF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ;4 8$ Meeting Date: December 9, 2014 Item Number: F Department: Recreation (City Secretary's Use Only) Prepared By: Purchasing Account Code: 125-5125-52610 Date Prepared: November 21, 2014 Budgeted Amount: $63,100.00 Exhibits: Subject Consider, and act upon, the purchase of Precor brand fitness equipment, warranties and installation from Team Marathon Fitness, in the amount of$60,971.00 for the Wylie Recreation Center through the use of a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Cooperative contract #423-13/Wylie Agreement #W2015-33-I; and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the purchase of Precor brand fitness equipment, warranties and installation from Team Marathon Fitness, in the amount of$60,971.00 for the Wylie Recreation Center through the use of a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Cooperative contract #423-13/Wylie Agreement #W2015-33-I; and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of Precor brand fitness equipment, warranties and installation from Team Marathon Fitness, in the amount of$60,971.00 for the Wylie Recreation Center. This purchase is made through the use of a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Cooperative contract#423-13/Wylie Agreement#W2015-33-I. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Page 1 of 1 taikt.- Wylie City Council gm..� AGENDA REPORT 1ssr Meeting Date: December 9, 2014 Item Number: G ................. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: November 18, 2014 Budgeted Amount: $ Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2014-42, amending PD 201.1-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A and Tract B lots for the purpose of constructing larger homes with expanded outdoor living areas, generally located south of Parker Road and approximately V2 mile west of Country Club Road. ZC 2014-10 Recommendation Motion to adopt Ordinance No. 2014-42, amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A and Tract B lots for the purpose of constructing larger homes with expanded outdoor living areas, generally located south of Parker Road and approximately 1/2 mile west of Country Club Road. ZC 2014-10 Discussion Owner: Campbell Wylie Partners Applicant: Matthew Alexander, Campbell Wylie Partners Zoning Case 2014-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject property totals approximately 46 acres in size and shall be developed in accordance with attached planned development conditions (Exhibit "B") to decrease the front and rear yard setbacks for Tract A and Tract B to address builder and market demands for a deeper pad for the purpose of constructing larger homes. Exhibits "A" (Legal Description) and"B" (PD Conditions) are included and made a part of this Ordinance. 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. Page 1 of 1. ORDINANCE NO. 2014-42 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2014-10, FROM PLANNED DEVELOPMENT (PD-2011-07) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT — TO MODIFY THE PD CONDITIONS TO DECREASE THE FRONT AND REAR SETBACKS FOR TRACTS A & B; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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 Planned Development (PD), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in. conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2014-42 Amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A and Tract B lots 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 9th day of December, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:December 17th 2014,in the Wylie News Ordinance No.2014-42 Amending PD 2011-07 of the Estates of Creeksidc to decrease the front yard and rear yards for Tract A and Tract B lots EXHIBIT "A" LEGAL DESCRIPTION Being all of a 45.170 acre tract situated in the L.M. Marshall Survey, Abstract No. 594, also known as Estates at Creekside, City of Wylie, Collin County, Texas. Exhibit "Be' AMENDED PLANNED DEVELOPMENT DESIGN STANDARDS ESTATES AT CREEKSIDE City of Wylie December 29,2010 TRACT A -Single Family Residential Regulations (Block A, Lots 1-22;Block B, Lots 1-8) Area reeuladons. (1) Size of yards 1. Front yard. There shall be a front yard having a depth of not°less than 20feet as measured from the front property line. 2. Sac yard. There shall be a side yard on each side of the lot having a width of not less than 10 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. 3. Rear yard. There shall be a rear yard,a depth of not less than 20feet, (2) Size of lot. 1. Lot area. No building shall be constructed on any lot of less than 10,000 square feet. 2, Lot width. The minimum width as measured as the front building line of the tot shall not be less than 75 feet. 3. Lot depth. The minimum depth of the lot shall be not less than 100 feet. (3) Minimum dwelling size. The minimum door area of any dwelling shall be 2,000 square feet exclusive of garages,breezeways and porches. (4) Additional Guideline; 1. Exterior Wall Materials- 100%of the dwelling's total exterior area,minus windows and doors,must be masonry veneer,such as brick or stone. 2. Roofs- Roofs must be covered with composition material of at least 240 lb weight shingle and have a minimum pitch of 8:12. 3. Fences and Walls- Fences may not exceed 7 feet in height. Fences must be made of masonry,wood or architectural metal. The use of chain link fencing is prohibited, Railroad ties may not be used for a retaining waft visible from the street 4. Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings,if any of these items exist on the lot: CdtiCreettsidcPlsnned Development Design Standards 12.29.10 -1- A. Clotheslines B. Drying racks C. Hanging clothes, linens,rugs and textiles of any kind D. Yard maintenance equipment E. Wood piles and compost piles F. Accessory structures such as dog houses, gazebos,metal storage sheds and greenhouses G. Garbage can and refuse containers H. Roof mounted antenna Plant material such as trees and bushes may be used for screening. 5. House Elevation-All plans shall be submitted and approvFd by the Architectural Control Committee, No like house elevation shall be constructed within 7 lots to each other on both sides of street. 6. Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: A. Trees—a minimum of 6 inches in total diameter shall be installed in the front yard. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches, with no tree being smaller than 3 inch caliper. B. Shrubs-eighteen(18)3 gallon shrubs across the front of the house. C. Grass-solid sod from the front of home to the front curb. TRACT B Sinzk Family Residential Regulations (Block A, Lots 23-35; Block C, Lots 1-3; Block E,Lots 1-8; Block F, Lots 1-3) Area regulations. (1) Size of yards 1. Front yard. There shall be a front yard having a depth of not less than 25 feet as measured from the front property line. 2. Side yard. There shall be a side yard on each side of the lot having a width of not less than 12 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. 3. Rear yard. There shall be a rear yard, a depth of not less than 20fcct. (2) Size of lot. l. Lot area. No building shall be constructed on any lot of less than 12,500 square feet. 2. Lot width. The minimum width as measured as the front building line of the lot shall not be less than 90 feet. 3. Lot depth. The minimum depth of the lot shall be not less than 100 feet. OdlCr ekside1Plamtted Development Design Standards 12-29-10 -2- Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: H Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP, CBO Account Code: Date Prepared: November 26, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Kreymer Estates Phase III consisting of 29.765 acres for 74 single family residential lots and 3 open space lots dedicated to the City of Wylie, generally located South of E. Brown Street and approximately 130 feet east of Douglas Drive. Recommendation Motion to approve a Preliminary Plat for Kreymer Estates Phase III consisting of 29.765 acres for 74 single family residential lots and 3 open space lots dedicated to the City of Wylie, generally located South of E. Brown Street and approximately 130 feet east of Douglas Drive. Discussion OWNER: BLOOMFIELD HOMES,L.P. ENGINEER: TIPTON ENGINEERING The property totals 29.765 acres and will create seventy-four (74) single-family residential lots and three (3) open space lots for park and recreational purposes. The subject property is part of the overall 101 acres of the Kreymer Estates development approved in January 2012 as a Planned Development District (PD 2012-04). The overall PD was broadened and expanded in August 2013; therefore the designated and adopted zoning is PD 2013-33. The plat shall also dedicate necessary rights-of-way, utility easements and floodway and drainage easements. The Preliminary Plat complies with the approved Development Plan & Concept which was approved with the PD for all phases of the development. Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval. (Rev 01/2014) Page 1 of I a 2013 Westwood Professional Services, Inc. (� 0 R r ( ! 1r In< S.N. No, 78 Z Ho nL \ L TT LADYLIKE SHOP, INC. A z E. Brown Street II-. GRAPHIC SCALE 1 '==60' D=004'49'41" Vol 1030, Pg. 416 REPLAT ONCOR LAVON > h R=1080.00' D.R.C.C.T. D=004129'59" w 60 0 60 12o T=45.53' R=1080.00' \ D=004°09'53" SWITCHING STATION R=1160.00' CC#20120717010001750 W La -- - -- - - L=91.01' T=42.43' �o' Q La L=91.01' L=g4,g2' \ T=42.18' MR.CCT. SUBJECT CD=84.80 et .(cB39'49t -- --- -- -� _\___ -- -- -- E. Stone Drive CB S86'STS1'E CD 8430' \ CB S86'4T48"E / ee BROWN STREET Q Et W S8&52'45"E o 74.48' VICINITY MAP N,T,S. 01 - i S88'59'44"E 201.84' LEGEND Ex. 50' Esmt. U U = - 12Q.9�-- --7 25' 25' ' 14' _8A-82'_-, 4 79.4T -"- - - - _ -- -�mimi.� - - 5/8"GIBS 5/8" IRON ROD WITH YELLOW PLASTIC CAP 30 Cab. C, Drainage 71 h ti w 15 B.L. ,�, 5T 1 I 75 B L4.85' EL lI j 7i I STAMPED "WESTWOOD PS" SET ---- ---- ----� 0 0 10900sf h� �7 W �I 996�sf. o '20 20 1i II Cab. P9 ----- - ---- � VS 5/8"GIBE 5/8 IRON ROD FOUND WITH PLASTIC CAP CO OD m o to `� o r„ I 15' Sani Sewer Esmt. 7 STAMPED "WESTWOOD PS" FOUND 1 > h SHILOH BAPTIST CHURCH \ O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS a O �°'ti ADDITION ad 10'UE--.-1 > \� sa U o S88'S2'10'E I r \ P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS 29 w y W W CC#2002-0111803 cN 589°17'50"E a 0 -1I 7 \ cV N w 120,00' y 121.43' Ii 11 r \rr D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS d ots o O MR.C.C.T, o °25 `p ;n _ _ 0 o m - 1 V BL BUILDING LINE / .o p �^ o N 2 -' m r! N 2 lI 1 53 �V 7k� UE UIII ITY EASEMENT 2 n d N Q 86405.E `� -"" h.-i o'UE9500s.f. o I 1 \__ 28 vsoft I S88 b9 0E z I 11 \ Yy' STREETANITANAME CHANCE U S89°1T50'E _ 121.43' I I o / / Sari. SANITARY " o ► 12,0.00' w 989' \ 1 -Esmt. EASEMENT - se o 0 o cs is) 'es' 3 . o W 1 I T Curve Table S88'55'20"E 568.06' 3 '4, z co I- _ �, �.� /� Eli 6 34 27 OO Delta Chord39 Bearing.81.90' 71.00 70,00 70.00 70.00' 70.00' 70,00' 65.16' 8736s-f �t 8564s.f. o �- <c i : / o 3 0 _ 2 cv m 1°47'2. 1 r7 l 1 f1 ClC1 I8 F 36.31' & 8551 N884T24E S8917S0E , o5� I27 h 2693 195 -762 IR I / 755.1 Year 11 10 -8 89 : 8 0 't 7 it "- '�- LJ I i 0073440S02E 4295 o � 8 5 0 _ I � 8, 11 ( / -- -- i f`loodplain Limits m 8497s.f o ag5005_f o 8500s.f Sg00s (, o C2 g500s.f o W 850Gs.f o �w8502s.f - A 4 co "' = 8909s.L c - 4 1 11 51 f I t - o m o Z o Orr 1 1 l i F ® 34.32' 275.00' 007°09'00" NO2°5220"W 34.29' w 4 _ __ .- 1 25'B.L __- 0 17447s f. "' _ TS0"E zN 11 / I ,. li 0 130.00' W o I / 26 49 0.O 402_ - __ - - j \� ` _ ® 37.44' 0.00 007 09 00 NO2 52 20 W ._ _ __ - _ _ J- __ _- .__ - __ - _ - ._ �. Q -9,5.3 i CC � - S46'11'13"E- 49,11' 70.00 70.00' 70.00' 70.00' 7000 70.95' / i ! ti 40.48' 325.00' 007'08'09" NO2'S2'21"W 40.45' 28.62' �, . - I / 0 - -- __ __ 12�0.00 oo Z w 7 1 BIRCHWOOD DRIVE z t 5 a 22' so oo' 164°o6' 3" 99.04' i„� f -_ _ -_ _ - _. _ - S88°55'20"E 660.43' RI 305 f v s- w o 1 --- -- -- h - - --- -- / s. . �tykBlli 50 0 b o un wry 4 `� o 143.53' 50.00' 164128'16" S45`42'44'W 99.08' Q 5 --�� y �' �t / S20.0 z g g i 1 Park an t �� i - - �� a 2 -d 1 Drainage Easement 0 00' 291 59'22" N27 41 40"F,S C9254.81 S . 55.93' 25 - A �27W-_.... -- 7Q-00'-_-_Z.S_- �_.... ZO-QO --- 7290' -_ - 7000' -- - ros' 13p f ee � Wa eE 1 / C7 0 _ o.00' z0Q° A o w I I _� J -- o 25' 25' `-' - --- - -- - -- _.- -_ �2�0' 4 A' cs y 11 I l Cr / I 44.17 175.00 014 27 4.2 N07 34 38 L 44.05' __ - z ( o 258.E - w _- -.. e-�1.Z23' N + �1 49 l / 7 I 0 _- __ 0 (0 o _ o _ o % j ® 66.5/ 20000' 9 04 18 N09 256E 66.2T N o N 14 0 13 o 12 0 11 o 10 d 9 �" 8 w 11 1 �` / Q ! ® 60.76 225.00' 015°28'20 N08°0457 E 60.58' 9958s.T. o `v "' "c0 6 I / / 24 6 z SSOOs-fi o - 8500s.f. 0 8500s L o 8500s.f. o 8500s.f o f35'OOs f o 85'005.f. o 7 •� Lfi 16988s.I. 2 m ,h I Ii i� �..-t ® 115-89' 425.00' N81°50'32"W iri es ro m 9297s.f- z I1 it .cr% / U I ® 156.00' 400.00' 022°20'45" N78°28'50"W 155.02' OAKS ADDITION N0. 4 13 Cab. CP . 71 > q� r 48 / I I + 9 - DedlCateA� rK"Land and 81.23' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 98.67' N81122.37' a 1 I / Cli146.25' 375.00' 022°20'45" N78°28'S0'"W M.R.CC.T Drainage easement to the LL i W 8123' 70 00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 28.67' 51.4.2' 70.94' o KREYMER ESTATES PHASE 1 City of Wylie, Maintained > 10'UE Cab. Pg. 166.71' 375.00' 02578'17" sao o513"E 65-34' 23 7cc - o I / ' by the HOA as per 0 w \_/ w v, 1 1 MR.CC.T C17 178.13 400.00' 02530'53" S8003'55'F 176.66' ' PD agreement Ordinance I o - a _ o _ , w w #2012-04 �, 16 17 ._ 18 19 20 24 26 8 80 47 ot n z z 8500s.f oo 8500s.f. o { o 25 N w o + / / ` C18 189.26 25.00' 02a 30 53' S80°03'S5"E 187.70' o w _ 97705..f o- 8500s.f o w ,g5 f o o 8500s.f E 5 20s.f. G 00 23 E �4300s. o 28 F 882.3s_f z He 9242s.f z N I t I / /� / ___ z850 85 s f o - C192.58 255.00 007 19 12 3256 0 -- -_- -- 25'B.L. z z oo / 22 o °- d -__ - o y� I 88 + 100.36' 280.00' 020°32'14' 99.83' -_ - - - -- - - - - - -- _ � w� ® 09 33 305 00 020 32 14 108 74 s s COURT 46 o.00' o.00' o-oo' 0.00 0 '_ a o 1 1 - .00' J/ODO 37_ �0 " �� to 1 N 1- lovE� --weez may_ REDWOOD } 1 / / o ro-oo' 7 8a 20 h� ' . - 1 '14.36��-. - . - � 1Q0�- - _ 70.00 -_._- - 18.5T�� t _N60'4(Y3iF 1 11 / �' 71 1 / 1 N01'04'40"E I i I X-/ /' 21 r 90W9_ 7Q00'_- - 700 `� 1 1 I / _.L '�-- - - 7G (1,0' 66„i1' 1 1 45 �� Il s ��� • 1 oy year oodplon limas �� PRELIMINARY PLAT N a 25'B.L NAR o o a 6' � OF -- -- - ---- - 11\couj n `; 35 v d. '� o v' o ;., o M 3 0 I I i ` i �/ ^-� /� � .P 1N 34 33 0 32 31 � � z _ _� KREYMER M � R ESTATES -' 9264s f N o N I - I� MATCH LINE o - 8500s-f 0 8566s r o 8500s f o ' 85o0s f o 30 0 0 - �'� 91495E o 29 yv PHASE 28 10591s.f o 8830s.e o o l 1 �o> 74 RESIDENTIAL LOTS 3 OPEN SPACE LOTS 61.59' 70.00' 70.00' 70.00' 70.00' v' 8 N o N88'55'20"W 22,4i, o o0 1 I 44 / 29.7654 ACRE -NIq°Og.4gy B I 1 / 700 W 2� W I t S Yeo�g 02 -o./D 68' o t Poi 6 6•w�N87o_o0' es 1 1 / OUT OF THE Llo' Public Utility ,20„W � � . / FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 Easement Dedicated Park Land and Drainage CA �5'UE ( H easement to the city of Wylie, t . � IN THE 5'UE- >�, Maintained by he HOA as per PD o V `v CITY OF WYLIE, COLLIN COUNTY, TEXAS E� f5'UE SURVEY1) BOR'S NASIS OOTF B�ARING IS TEE FINAL PLAT OF KREYMER ESTATES PEASE 1, AS RECORDED IN VOLUME• � �, agreement Ordinance#2012-04 �� ��, OWNER 2013, PAGE 177-178, AN) IN DOC# 20130502010001260, D.R.C.C.T- a) c± / 27 ALL CORNERS SET ARE MONUMENTED WIT A 5/8" DIAMETER IRON ROD WITH YELLOW PLASTIC �5 BLOOMFIELD HOMES L. P. �� 1050 E. HIGHWAY 1 14, SUITE 2I O, SOUTHLAKE, TEXAS 76092 CAP STAMPED "WESTWOOD PS", UNLESS OTHEPWISE NOTED. �� LANE 8I7-4I6 I572 3) ALL COORDINATES SHOWN ARE TEXAS STATE PLANE, NAD83 (CORS96), TEXAS NORTH CENTRAL Street ENGINEER/SURVEYOR STREET 10' Public Utility ZONE 4202, NAVD88, U.S. SURVEY FEET WIT-1 A COMBINED SCALE FACTOR OF 1 .000151575. PSement o'X1o' street TIPTON ENGINEERING 2740 North Dallas Parkway, 4) SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITYa division of Westwood Suite 280 Plano, Texas4 75093 Typical Public Utility Easements Scewa Esmt. Clip 4) 473-4640 SUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND richardhovas©westwood scorn (where shown) WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. p` THIS PLAT FILED IN CABINET SLIDE P.R.C.C.T. U 10-27-2014 #0001107 ©2013 Westwood Professional Services, Inc. STATE OF TEXAS >I a e r LEGEND CO COUNTY OF GOWN )( ¢ qOD OWNERS CERTIFICATE 5/812GIRS ST5/AMPEDNWESTWOITH YELLOW PLASTIC CAP W "WESTWOOD PS" SET 5/8-ORE 5/8" IRON ROD FOUND WITH PLASTIC CAP °' 1 r Uf' Whereas Bloomfield Homes L.P., is the owner of a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688 in the City of Wylie, STAMPED "WESTWOOD PS" FOUND ¢ 'mil MATCH LINE S.H. No, 78 I Collin County, Texas and being part of a called 40.666 Acre tract of land conveyed to Bloomfield Homes L.P. by deed recorded in CC# WS�9� ram. Ram O.P.RCC.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS m 20130822001192240, Deed Records, Collin County, Texas; and being all of a called 0.964 acre tract of land conveyed to Bloomfield Homes L.P. by 'i , 10 120.00' 1 P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS o deed recorded in CC# 20140630000667150, Deed Records, Collin County, Texas; said tract being more particularly described by metes and bounds as 2 252 , = follows: I 50 I D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS ra W BEGINNING of a 5/8 inch iron rod found for the southwest corner of said Bloomfield Homes L.P. tract and the common southeast corner of Oaks ._-_ u3 24 o RGW - BL BUILDING LINE z t�. ,x, x, .. E. Brown Street ---- ---- UE UTILITY EASEMENT m Addition No. 4, an addition to the City of Wylie, Collin County, Texas, same being the northeast corner of Rush Creek Estates, an addition to the City 9000s.f. W GRAPHIC SCALE 1 "=60' > of Wylie, Texas according to the plat recorded in Cabinet C, Page 494, Deed Records, Collin County, Texas and the common northwest corner of Rush `" f....�.� � 1 STREET NAME CHANGEEEO I- Creek Estates Phase II, an addition to the Cityof Wylie, Texas accordingto the plat recorded in Cabinet E, Page 22, MapRecords, Collin County, Texas; 589392132E U) Y P 991 120.00' Sani. SANITARY 1W m THENCE North 00 Degrees 20 Minutes 47 Seconds East, a distance of 1367.17 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD 10'UE 60 0 60 120 Esmt. EASEMENT z\o' 'BP W PS" set for the northwest corner of the herein described tract, some being on the south right-of-way line of Brown Street (a variable width n �, SUBJECT �Q Ct right-of-way) as conveyed to the City of Wylie, Texas, recorded in County Clerk's File Na. 001342090, Deed Records, Collin county, Texas and being the --_ _ o 22 A rr iO'UE '• tr TRACT 3 I-LI beginning of a non-tangent curve to the right, having a central angle of 04 Degrees 49 minutes 41Seconds, a radius of 1080.00 feet and a long B502s.fN E. Stone Drive 2 chord that bears North 88 Degrees 39 Minutes 49 Seconds East, a distance of 90.98 feet; CC S89'39'13"E �I t S 0 f i� 120.00' 0 100 Year Flood loin limits Along said non-tangent curve to the right, an arc distance of 91.01 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set i 12 ,., - p 27 ! 55 Ut M4Z�" LINEpi / z m for a northeasterly corner of the herein described tract and the common northwest corner of a tract of land conveyed to Perry Easterling by deed coo - _ o '� l• o es a z 8939'73"E 349655s.f. Q recorded in Volume 2115, Page 56, deed Records, Collin County, Texas; OAKS ADDITION NO. 4 20 N "' 120.00' 54 Lu Dedicated Park Land and 0• , THENCE South 01 Degrees 04 Minutes 40 Seconds West, along the west line of said Perry Easterling tract and a common east line of said Archie A. __ Cab. C, Pg. 71 _- . 8556s.f 0 P VICINITY VAR N,T,S, Drainage easement to the City � . Kreymer, a distance of 208.70 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PD" set for an interior ell corner of said Archie MR.CC.T. 58939'13'"E 0 ) o ( "o . A. Kreymer tract and the common southwest corner of said Perry Esterling tract; 0 120.00' m 36 N of Wylie, Maintained by the '� gy, 1 13 0 I A\ e640s.c HOA as per PD agreement THENCE South 88 Degrees 55 Minutes 20 Seconds East, along the north line of said Bloomfield Homes tract and the common south line of said Perry N z - ) p- Esterling tract, passing at a distance of 149.98 feet a 1 inch iron pipe found for the southeast corner of a tract of land conveyed to Richard Justice Q m 17 1� U S8939'13"E N Ordinance #2012-04 and Melod Justice by deed recorded in Volume 2399, Page 222, Deed Records, Collin County, Texas and the common southwest corner of a 2.001 acre U'' 0 Q 120.00' - 00 e F CO tract of land conveyed to Shiloh Baptist Church Addition, by deed recorded in County Clerk's File NO. 2002-0111803, Deed Records, Collin County, -_ _-.-_ -, _ - 8502s.f d1 o m 72.D0 OE Vn °naps '� Texas, in all a total distance of 568.06 feet to a pinched 1 inch iron pipe found for the southeast corner of said 2.001troct and the common 0 0 S89'39 13 EI o �, 37 - 432.19' S7T28'10., mr 4/4 southwest corner of a 0.961 Acre tract of land conveyed to Michael R. Sargent by deed recorded in Volume 576, Page 624, Deed Records, Collin 120.00' S89'35 22 E 70.00' 70-00' 82.i9 8O 7 E fr �^a� 8640s.f. 70.00' 7' County, Texas; 45 --+- 7-10'UE I 68.57' 70.00' 70.00' �� �1 14 - 58939'13"E B &U£ iC7 A THENCE North 01 Degrees 07 Minutes 50 Seconds East, a distance of 208.69 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD y Li m / 99' 0 PS" set for a north corner of the herein described tract and being on the south right of way line of said Brown Street , as conveyed to the City of m o 18 720.00' --�- �.-5'DE z o / N �; .r cc J i 726E 7 002 Wylie, Texas bydeed recorded in Instrument No. 20091103001341900, Deed Records, Collin County, Texas, 1017 3s.f. I ' -.16.48'38 10 DE.-� z o �, ^' " ,`0 45 r °' 0 L. N N 43 0 44 � 46 I� o - I m - � . cn 42 N < w ^' 9079s.f m THENCE alongthe north line of said Bloomfield Homes tract and the common south line of said Brown Street, the followingcourses and distances: I_ I7629s.f. �rn� m "' 41 " <„ 3 ,� - ____ - - - I Tii 5.89 ` " J" v - ,v l o"' m 39 40 ti w ^' `"- - 8500s.f - 8500s.f 9432s.f > - � N6709'25'E , 52 w N �sDos,f � 8500s.c - 47 BLOOMFIELDHOMESLP 211 South 88 Degrees 59 Minutes 44 Seconds East a distance of 201.84 feet to a 5/8 inch iron rod with yellow plastic cap stamped WESTWOOD C13 gi_K34.44' 02-o I 8867sf W500s.f. ___ --_ n, a PS" found for corner and the beginning of a non-tangent curve to the right, having a central angle of 04 Degrees 29 Minutes 59 Seconds, a OAK STREET _-_ __ 733.ig,N19°25'05E,__ �2BL 1Fcir i __ __2081_ _ -- - , / 68990s.f ,� 48 ,,.� 1nS1C#20 13082200 1 19224 0 radius of 1080.00 feet and a longchord that bears South 86 Degrees 57 Minutes 51 Seconds East, a distance of 84.80 feet; C-�,10.16 --.-. __ . -- _ - - 28.30' •38.3FI` - -- �, / o z v : D.R.CCL 9 _ _ ____ 4 _ J 1 - _ _ _ - -- - - 70.00' 70.00' 64.70 8500s.f N Alongsaid non-tangent curve to the right, an arc distance of 84.82 feet to a 5 8 inch iron rod withyellowplastic capstamped "WESTWOOD PS" 1 - 1 _ C75 fSC"T6' ``> 37g7 --- f-- - 70.00' 70.00 70.00 C2t [[ ,� 9 9 / P _ 13.83' N 34.90 40.46' S3,2� L 5�C ;* set for corner and the beginning of a reverse curve to the left, having a central angle of 04 Degrees 09 Minutes 53 Seconds, a radius of 1160.00 J ' - C76 41.87' STREET _ __ _--. _ _._ C20 \ _ 7 0 k- OAK S8T 10'39'W 418.76' _ _ __ _ ^'a feet and a long chord that bears South 86 Degrees 47 Minutes 48 Seconds East, a distance of 84.30 feet; 10 - - 43� N hag `�17-__ ,_ „_ ---, _ ------- -- ----- C19 M2°7j,07„ 7000 N Along said reverse curve to the left, and arc distance of 84.32 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set �5g1 �1 � �7g,7 - CI 48,7`6' 52.@8' W 133 ti c. for corner; fin u, ,� _ 740�'_ - -� South 88 Degrees 52 Minutes 45 Seconds East, a distance of 74.48 feet to the eastern line of Kreymer Estates Phase 2 according to the plat ____ 0 1 ;� a; '� &4.Dj -- - ,Bi__ __� _ 70Q0_, _ - 7090, - - - ��0 _ ..._._ o Ni„1 h it recorded in Cabinet , Page Map Records, Collin County, Texas, a 5/8 inch iron rod with yellow plastic cap stamped -WESTWOOD PS" found W B984s f `° ed 2 � � --.. - -- --- --- 25'B.L. - c zo 77�� w 1 o Co z M2'STOYr z o m N ro e 33 for corner; z 8759s.f 0 min' = 20.20' z o N ^; 11 0 „'In \mAE°ry lox 2p THENCE South 01 Degrees 40 Minutes 32 Seconds East, leaving the south right of way line of said Brown Street, o distance of 398.82 feet to a 5/8 T -- 22\ 45'O Dedicated Park Land up -, o - N ' p 8 g .w Ni; 10 w A N V oormeol°xOxnd L g _ and Drainage B 4 -a co 5 6 `A 7 w N w B500s.f 8904s.f. inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner; m r; w ^' 85CJOs.f. = 8500s.f N �� __,� 1 easemen9to the City m '�' `'' SSOOs.f - 8500s.f z �, N89'52'35"E N89'S2'35"E 9048sf - 8549s f o D=180'00'00" THENCE South 14 Degrees 29 Minutes 58 Seconds West, a distance of 344.23 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD of Wylie aintained - D=013'13'03" -- Ps2 found for corner; POINT OF 52.16' 63.98' bythe:40'54erPD N /�1 R 5000' - BEGINNING in agreement Ordinance V 000' 65.71' R=255.00' THENCE South 20 Degrees 59 Minutes 37 Seconds East, a distance of 398-82 feet to a 5 8 inch iron rod with yellowplastic cap stamped "WESTWOOD 8 . 70.00' 70.00' L=157.08' 9m uzolz-oa 70.0o' 70.00' T=29.54' PS" found for corner; `r 70.00' 70.00' ___ CD=100.00' 9J.54' S8T10'3 649.25' , _________ ti-!------------- L=58.83' THENCE South 41 Degrees 17 Minutes 43 Seconds West, a distance of 163.94 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD III _ l--------- - C6=S72'1T07"E �589'1T52"W 121.3T 1 I CD=58.69' PS" set for corner; ' _ ______.___-_ C8=N78'53'38"W RUSH CREEK ESTATES THENCE South 17 Degrees 42 Minutes 53 Seconds West, a distance of 171.43 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD 3 � ----4 �� _ - ' \ l REPLAY OF LOTS 19,20 & LT _ PS" set for corner; PHASE II THIRD REVISION LOT 16R, BLOCKA �i A REPEAT OF LOTS 14&15 21, BLOCKA BLOOMFIELD HOMES LP THENCE South 72 Degrees 17 Minutes 07 Seconds West, a distance of 133.20 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD 7 _-- '' \ RUSH CREEK ESTATES RUSH CREEK ESTATES 1nS1C#20130827001210170 PS" set for corner and the beginning of a tangent curve to the left, having a central angle of 13 Degrees 13 Minutes 03 Seconds, a radius of 255.00 .� \ 13 OF RUSH CREEK PHASE II2ND REVISION 22 8 feet and a long chord that bears North 78 Degrees 53 Minutes 38 Seconds West, a distance of 58.69 feet; 92 PHASE II D.R.C.C.T ESTATES PHASE II Vol L, Pg. 213 Along said tangent curve to the left an arc distance of 58.83 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for a A 11 \ 16-R 18-R 19-A Cab. I, Pg. 35 20-A Vol. L, Pg. 865 MR.C.C.T corner; \ 10 \ \ M.R.C.C.T MR.C.C.T. THENCE South 04 Degrees 29 Minutes 51 Seconds West, a distance of 120.33 feet to an iron rod with cap stamped "5574" found for the northwest , 14-R f corner of said Harry Tibbals tract and the common northeast corner of Rush Creek Estates Phase II, an addition to the City of Wylie, Texas according -- - _ I f to the plat recorded in Cabinet E, Page 22, Map Records, Collin County, Texas; V N = �� - f I 1 1 THENCE continuing along the south line of the herein described tract and the common north boundary line of said Rush Creek Estates Phase II, the '-� ' ---- - - ---- --- .__- _1_ - ___ I__- ____ following courses and distances: RUSH CREEK ESTATES South 87 Degrees 10 Minutes 39 Seconds West, a distance of 649.25 feet to a 5/8 inch iron rod found for corner; (-8) __ - `_ _______ PHASE II RUSH CREEK DRIVE South 89 Degrees 17 Minutes 52 Seconds West, a distance of 121.37 feet to the POINT OF BEGINNING and containing 1,296,584 square feet or - ;= t Cab. E, Pg. 22 ____ _ _ _ _ -__ _ 29.7654 acres of land more or less. r MR.C.C.T 1 I NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: SURVEYORS CERTIFICATE I 1 I I "Recommended for Approval" That, BLOOMFIELD HOMES L.P., acting herein by and through its duly authorized officer, does hereby adopt this plat designated therein above described I, Harry, L. Dickens, Registered Professional Land Surveyor for Westwood, do hereby certify that the plat shown property as KREYMER ESTATES PHASE 3, an addition to the City of Wylie, Texas and does hereby dedicate to the public use forever the easements hereon accurately represents the results of an on-the-ground survey made in February, 2013, under my direction and rights-of-way as shown thereon. The easements shown hereon are hereby reserved for the purposes as indicated. No buildings, fences, trees, and supervision, and further certify that all corners are as shown thereon, and that said plat has been prepared in PRELIMINARY PLAT shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements and right-of-ways as shown. Said accordance with the platting rules and regulations of the City of Wylie, Texas; Chairman, Planning & Zoning Commission Date utility easements being hereby reserved for the mutual use and accommodation of all public utilities desiring to use or using same unless otherwise City of Wylie, Texas OF specified. All and any public utility shall have the full right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growth which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective system on the Date: This the Day of , 2014. ����� � � ������� utility easement and all public utilities shall all times have the full right of ingress and egress to or from and upon the said utility easement for "Approved for Construction" the purposes of removing all or part of its respective systems without the necessity at any time procuring the permission of anyone. Released for review only. 10--22--2014 WITNESS MY HAND this dayof ?014. In accordance with Texas Board of Professional Land Surveying Rule 663.18(c), PHASE 3 . 29 T.A.C. 663.18(c) this is a preliminary document, and shall not be signed or sealed. Mayor, City of Wylie, Texas Date "Preliminary, this document shall not be recorded for any purpose." 74 RESIDENTIAL LOTS 3 OPEN SPACE LOTS a Texas Limited Partnership a Texas Corporation, General Partner Harry L. Dickens "Accepted" 29.7654 ACRE By: BLOOMFIELD PROPERTIES, INC. Registered Professional Land Surveyor No. 5939 Mayor, City of Wylie, Texas Date OUT OF THE By: FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 DONALD J. DYKSTRA, President THE STATE OF TEXAS X The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final IN THE COUNTY OF COLLIN )( plat of the subdivision or addition to the City of Wylie was submitted to the City Council on the day v C THE STATE OF TEXAS of 2013, and the Council, by formal action, then and there accepted CITY W OF YLIE, COLLIN COUNTY,IT^��, TEXAS �� BEFORE ME, the undersigned authority, on this day personally appeared Harry L. Dickens, whose name is subscribed the dedication of streets, alley, parks, easement, public places, and water and sewer lines as shown and COUNTY OF TARRANT �� to the foregoing instrument and acknowledged to me that the same was the act of the said WESTWOOD, and that set forth in and upon said plat and said Council further authorized the Mayor to note the acceptancethereof by signing his name as hereinabove subscribed. BEFORE ME, the undersigned authority, on this day personally appeared DONALD J. DYKSTRA whose name is subscribed to the foregoing instrument and he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in OWNER acknowledged to me that the some was the act of said BLOOMFIELD HOMES, L.P. and that he executed the same as the act of such partnership for the the capacity therein stated. Witness my hand this day of A.D., 2014. 77 �" �] purposes and consideration therein expressed and in the capacity therein stated. BLOOMFIELD HOMES L. �. GIVEN UNDER MY HAND SEAL OF OFFICE, this day of, , 2014. 1 050 E. HIGHWAY 1 14, SUITE 210, SOUTHLAKE, TEXAS 76092 GIVEN UNDER MY HAND SEAL OF OFFICE, this, day of . 2014. 817-41 6-1 572 City Secretary City of Wylie, Texas ENGINEER/SURVEYOR TIPTON ENGINEERING 2740 North Dallas Parkway, Notary Public in and for the State of Texas a division of Westwood Suite 280 Plano, Texas 75093 214) Notary Public in and for the State of Texas ( ova 473-4640 THIS PLAT FILED IN CABINET SLIDE P.R.C.C.T. richard.hovas@westwoodps.com 10-27-2014 #0001107 Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: I Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: November 26, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Mansions at Wylie Seniors Apartments, Lot 1, Block A, creating a single lot, for the development of a 320 unit age restricted multi-family complex, generally located approximately 1,200 feet south of FM 544 on McCreary Road. Property zoned PD 2008-43. Recommendation Motion to approve a Final Plat for Mansions at Wylie Seniors Apartments, Lot 1, Block A, creating a single lot, for the development of a 320 unit age restricted multi-family complex, generally located approximately 1,200 feet south of FM 544 on McCreary Road. Property zoned PD 2008-43. Discussion APPLICANT: RKM &Associates,Inc. OWNER: Woodbridge North Commercial I LTD The property totals 13.125 acres and will create a single lot for an age restricted multi-family residential community. The subject property is part of the overall 280 acres of the Woodbridge Crossing Development approved in 2006. The applicant is building a 320 unit age restricted multi-family complex, which is allowed by right under Planned Development Ordinance No. 2008-43 (formally 2006-01). The plat dedicates the necessary rights-of-way, fire lanes, and utility easements. This Final Plat complies with the applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval. (Rev 01/2014) Page 1 of I \!, q e I.R.R. i ' SCALE: 1"=50' I BASIS OF BEARINGS TEXAS STATE PLANE COORDINATE SYSTEM 1 I I REMAINDER OF I NAD-83, BASED ON CITY OF WYLIE GPS I 68.995 ACRE TRACT 1 CONTROL STATIONS "CM-2", 'CM-3" AND "CM-4" WOODBRIDGE NORTH COMMERCIAL I, LTD. VOL. 5971, PG. 1125 p D.R.C.C.T. I LEGEND ' 5/8" Z.R.E.G. (B" IRON ROD FOUND WITH PLASTIC j I ' me �,o sou�u sz .a5ss — - - - - - - - - -- - - - - _ -- - - -- - - -- - -a-ro- - -- - - -- D R C. ,T 00802140001]5250 0 0 0 . + ea FOC C IRE DEPARTMENT C I 2C SANITARY SEWER ESMT FL 8 IN w _ AP STAMPED "KHA" fHOIF as as (DCM) ONTROLLI RD MONUMENT TEXASLIN COUNTY, :�,-7�,-7�..r;:,`.�.`.`.`.`.`.`.`1_ _.� _ C.T. EED RECORDS CONNECTION LOOR 1 _F _ - __ - - __. y — _ __ . - - - - — __ g.. SS— - - _ - - — _ ._. - 1 .- ,-_ - - _-, - - - - _ _ - - — _ — _ FH IRE HYDRANT _ as _ - - _ .__. - - _. ._ - - _. . .... - - ._ __ - - _..... - S 00°37'32" E ' 955.95' i - - - - I FL LOWLINE A NGIG 4 6/8 IRR GW UY WIRE __ .RYE RON ROD FOUND roe oe a ' a zz I 'I 11 - -- --"' - - " 10' LANDSCAPE SETBACK M.R.C.C.T. AP RECORDS, COLLIN, COUNTY, TEXAS sr', 7 OES PERHOEAP SCALE ELECTRIC 0,,, r"Free°HIP "."",'ea„ 1 PG. AGE o I , P.O.R. DINT OF BEGINNING PP OMER POLE \ PPwC (AVER POLE WITH CONDUIT I^ I , '`c I PPwT OWER POLE WITH TRANSFORMER R 11 ' _IV WATER EASEMENT I I EEEL . OWER POLE WITH LIGHT IGHTOF-WAY ° I (BY THIS PLAT) N BUILDINGSETBACK (4 STORY) - - STMH TORN MANHOLE L17R� J THIS PLAT) + SSMH .ANSTARY SEWER MANHOLE (I v _ r - - 5 00'3]'49' E 171.89 --�- C9 8+- B TTY EASEMENT - - -- - � + � Ct2 5003Y49" EiTt&9'�- - - -� UE NDERGROUNO ELEGTRIG s , r - C10 263 FIR'-_ E 100 0 0 o S\ L��� `L � S 00'3749 E ir1.91 -�� - - �-��+ LANE. ACCES� Cit a 6 UG NDERGROUNO GAS _ _ & UTII, = ENT �o 1 ) �L16 �� C33 ( AT) C40 C41 _ + -_- ,-- I USS NDERGROUND SANITARY SEWER _- --._ __-� O w UW NDER ROUND WATER 4 +. __. - - - .r- - - - __ - 4- ._ - - _ .3_, C34 - - _ . - __ .-+. . . _- _. \' za, VOLOLUME 10, x 10' WATER ESMT. A I 14 p"5j - Lho' � nH& CV� -L11 VOL 2008, PG. 491 ) BY TF'IS PLAT �I L� dlwoI WM ATEA METER DRCCT_ - _„_-11--'I' / 10 X 10' 10' X 10'_ 3 / i_ 1-4 rtQ�� BOUNDARY LINE (SUBJECT PROPERTY) �' I 1 J'�WAIER EASEMENT WA'Z°R EA�EMEN- - — 1O X 10' 1 a oge ----- i--- LOT LINE LOT 2R, BLOCK A i WOODBRIDGE CROSSING le T 1 (BY TNIS TEAT ( ) WATER EASEMENT ao`oo - EASEMENT LINE ADDITION ( 2 ( ) BOUNDARY LINE BY THIS PLAT I = "' VOL. 2009, PG. 369 o- H of h - 3 o w� N 45"00'00" E 1000.00' M.R.C.C.T. Vrz o n I1 ��� BOUNDARY DIMENSIONS ZONED "PD 2008-43" " & TIRE LEAS, ACCESS, n o 100.00' LOT DIMENSIONS „ I rs ( ----� & UTtL.ITY EASEMENT USE: RETAIL I I (BY THIS PLAT) 1 1,1 1 II ( I I 100.00' EASEMENT DIMENSIONS SUPERRTAGET STORE s g- eI I F ,�� Pe, I F.F,=541.51' III O/ Acp 1 1 w I x k 11 I 1 ai 26' FIRE LANE, ACCESS, -- C37 A 26' FIRE LANE, ACCESS, a. 41 1 I- F ese o n s IN FAN WEST : < C o & UTILITY EASEMENT co & UTILITY EASEMENT a N I I,ry rzrzl h BY THIS PLAT �II �o V (BY THIS PLAT) / - '� ( ) OD .4 I to! �- (� s UTILITY STATEMENT a°°'"`Es a;�_aa. � 2 te, �� - 10' x 10 I o' "' �a� ! ��� The underground utilities shown have been located from field surveyinformation rL.r6 OUT TO r. .I X 10' ' �� �� WATER EASEMENT a.a=� ~,�� g o Y - WATER EASEMENT i i 6 „ ,6 1 m o=� and existing drawings. The surveyor makes no guarantee that the underground o is o �.L i f(BY 'HIS PLAT) z � ., a,. ,N T ,�,- (BY THIS PLAT) 4-6 > I _ �, = o='F �aF utilities shown comprise all such utilities in the area, either in service or 30' FIRE LANE, ACCESS '�� T oxd ¢� ' ww�a"' ( ='P" -" w ��c--1 �' <w w o¢x .� �,�� abandoned. The surveyor further does not warrant that the underground utilities & UTILITY ESMT._ ____1 _ I I E, T Qw QT i `^ 1 a na I '" al -2 / wQa (- - hw os-oi= shown are in the exact location indicated although he does certify that they are VOL. 2008, Pc. Sot (w w 'N -I zw ,n y o - ��,=�o a= - o.R_C_CT. � ' I a ` w � �� LOT 11 BLOCK �/ <> 1 < N �rnz �� _ I located as accurately as possible ofromund information available. The surveyor has ao not physically located the underground utilities. I�I t� pi aril 571,731 SQUARE FEET i � (w a o mwo o x�� PY Y 9 10' x 10' WATER ESMT 0 z 0 10N 13.1251 ACRES + �..-�. o in o� Br _ VOL. 2008, PG. 491 - �. - N a Z�Y ^' "'Fr I z co I as U_R.C_C_T_ w om m 1 PART OF 68.995 ACRE TRACT10 ' T ( WOODBRIDGE NORTH COMMERCIAL I. LTD. m1 I O-' a I �* m �IVOL. 5971, PG. 1125 s FLOOD STATEMENT ! . 1 t G or° D.R.C.C.T. o \ °' ,n D I By graphic plotting only, the property described hereon lies in Zone "X" , areas \ I`° i gl m1 ZONED "PD 2008-43" a I I determined to be outside the 100/500-year flood plain, as indicated on documents I I ( o �� USE: PROPOSED RETIREMENT HORSING I I I issued by the Federal Emergency Management Agency, entitled "Flood Insurance a Mtn a --56a4oa- . r , I I 1 1 Rate Map, for Collin County, Texas and Incorporated Areas, Community Panel Number 48085C0415J, Map Revised Date, June 9, 2009. This flood statement does not imply 1 I I that the property and /or structures thereon will be free from flooding or flood I Irpr,; I + I ( damage. On rare occasions, greater floods can and will occur and flood heights I it may be increased by man-made or natural causes. This flood statement shall not ;. - -1- ( j create liability on the part of the surveyor. / / I ml 1 I / L 1 I" " I I BENCHMARKS �{/ Io �I to' x to'- WATER EASEMENT w LOT lR, BLOCK A ( M = BM-1 City of Wylie GPS Control Monument "CM-3" , located on the southeasterly WOODBRIDGE CROSSING / o 1 -10' X 10' 26 FIRE LANE, ACCESS, (BY THIS PLAT) + I side of Wylie High School football stadium and near the northwest corner of ADDITION / // T WATER EASEMENT 9c & UTILITY FEASEMENT- _( UTILITYTHISEAS MENI VOL. 2009, PG 369 9 1 ) (BY THIS PLAT) ) (BY THIS PLAT Founders Park sports field. (BY THIS PLAT) j 1 M.R.c.c.T / /) D,, czs + --E - L -- c Elevation = 519.77' / I; ���. _ czs - +- -- - - - - -i- N 003749 w too.00'- Coo -I'- - - -- - ---E 1� • + - ___ - -- + - '- -� C48 N C037 49' W 121.91 / N 00'3749' W 121.91' 1 _. + BM-2 City on Wylie GPS Control Monument "CM-4" , located in the northeast corner LIi - 1L eo' BUILDING SETBACK _ -___ __ . - - E''" of Quail Meadow Park south of alley and west of White Ibis Way. fe3 __ ____ __._ ._ _. 1 o x �z L Ha '- - C3 10 23' N 00'SI 49' W 12 8 I - _ N 00'37'4o W 171 89' ca L 'NNE / 'O 76 a_a". I (z+ Elevation = 562.88' - .... 10 X 10' WATER EASEMENT 3 / 3 I� _ 18' SD. �; m o 15' ELECTRICAL EASMENT TO (BY THIS PLAT) 14 FL z au e .6e M= L e6 OUT o some 527 27 ONCOR ELECTRIC DELIVERY Co., LLC & 1 I m - } t - TBM-1 Square with "X" cut on the southeast corner of a curb inlet located at the FARMERS ELEC'iR& COOPERATION ____ -_ - am_> of INST._No. zooaDs>�40o5942so - --- ----- - `'! -1 --- -- ---- -- -- ---- ---- ._- --- ?N Te couth approach for Target on McCreary Road +/- 69 feet east from the centerline - ------ L__ --- 4o' LANDSCAPE SETBACK 1 A -�- of McCreary Road + 1 ,114 feet South from the centerline of FM 544. I II ,� DRc.c=r_ I� �I 36' FIRE LANE, ACCESS, I� a� Y / 10' x ID' WATER ESMT. erz o 10' WATER EASEMENT 36 "' & UTILITY EASEMEN I' VOL. zooao R CC 1 PG � s?1 (BY THIS PLA 1)—I Imo I-(BY THIS PLAT) __. ._. ___ - - __ _ _ j Elevation = 535.43 `;L 1 �� 1I 1, ]a �reFa 4s251' - �y ,c, 4o�4a� �� 29344' al. " c1� � FL \o TBM-2 Square with "X" cut on the south corner of a drop inlet located on the ism .allugslis/e' IRFC A J �wr P 2 N 00"3T49" W 604.16' se's-o'- east side of McCreary Road +/- 2,139 feet south from the centerline of FM 544 Lasz,s aaL - zoTaree " ` "® c� d +/- 81 feet east from the centerline of McCreary Road +/- 70 feet. northeast VA E : o e .a U so- so ._._ ss" ``O. ._ -._ _.. - . - - - - __. - - ___ _ _ _ _ _ from power pole Fit - - Tom_. -- - - --- -- -.. // . - - _ __ _..... Delta 10"31'35" McCREARY ROAD FL7rFL o"rr" aN,raIN F9Q12 =," ,..520 Raatus alo.00; // (100' R.O.W.) Len t"43 04" W // I // CL=148.61' . ==szzo— rz 3° a r6'nze.>s. _ _ -" as ee I ea f� _ ee Q" _ — _ —� — --_ _— =Oh— — _ '=0E=. _ oE=— _--OE_— _ — _ —ME _ — _ —0E— _ oE- __ - -�- _ - 71.,, -oE-= _ -N-- - ..._-. E- — sr ec - _ - .'�e - -oE- __�-� a $- rze FIF eI I X° c ee, HARRY M. BREEN & JOYCE HARDOL W. CRISWELL HARDOL W. CRISWELL I E. BREEN 9.863 ACRES 9.863 ACRES I 5.955 ACRES I (FIRST TRACT) (SECOND TRACT) VOL. 1692, PG. 0804 VOL. 4005, PG. 2258 ( VOL. 4005, PG. 2258 1 L.R.C.C.T. I L.R.C.C.T. I L.R.C.C.T. I I I I FINAL PLAT MANSIONS AT WYLIE SENIORS 13. 125 ACRES out of the WILLIAM SACHSE SURVEY, ABSTRACT No. 835 CITY OF WYLIE, COLLIN COUNTY, TEXAS OWNER: ENGINEER: PROJECT INFORMATION 903 N. Bowser Road.Suite 240 WESTERN RIM INVESTORS REM & ASSOCIATES, INC. Date of Survey: 04/01/2014 Richardson Texas 75081 2014-3, L.P. 1700 Alma Drive Job Number: 1414840 1 (972)424-7002 Voice 2505 N. Hwy 360, Suite 800 Suite 227 Drawn By W.J.J. Grand Prairie, Texas 75050 Plano, Texas 75075 Date of Drawing: 10/14/2014 (972)633-1702 Fax (972) 471-8700 (469) 361-3695 File: Final Plat.Dwg ��,„.,,,, WWW.SuneyConsunantsIne.Com Contact: Matthew ]files Contact: Joshua A. Linclon SHEET 1 OF 2 AFWGIW Consuniag than TBPLS Hoe No. 10139600 OWNER'S DEDICATION OWNER' DEDICATION WHEREAS, Western Rim Investors 2014-3, L.P. is the owner of a tract of land NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: vvvvlocated in the City of Wylie, Collin County, Texas, part of the William Sachse (`'--�----+----,-. RAILROAD , Survey, Abstract No. 835, being all of that 13. 125 acre tract of land described That WESTERN RIM 2014-3, L.P, a Texas limited partnership, acting herein by and \\\ .--_,___, _ in deed to Western Rim Investors 2014-3, L.P. as recorded as County Clerk's File through his (its) duly authorized officers, does hereby adopt this plat No. 20140827000922340, Deed Records, Collin County, Texas, and being more designating the herein above described property as MANSIONS AT WYLIE SENIORS, an `'-+--t-- --'- particularly described as follows: addition to the City of Wylie, Texas, and does hereby dedicate, in fee simple, -- to the public use forever, the streets, rights-of-way, and other public BEGINNING at 5/8" iron rod with cap stamped "KHA" found at the northwest corner improvements shown thereon. The streets and alleys, if any, are dedicated for of said 13.125 acre tract, being the southwest corner of Lot 1R, Block A, street purposes. The easements and public use areas, as shown, are dedicated, v ---^ Woodbridge Crossing Addition as recorded in Volume 2009, Page 367, Map Records, for the public use forever, for the purposes indicated on this plat. No Collin County, Texas, being in the east right-of-way line of McCreary Road (100' buildings, fences, trees, shrubs or other improvements or growths shall be R.O.W. ) as shown plat recorded on Volume 2008, Page 490, Map Records, Collin constructed or placed upon, over or across the easements as shown, except that /\(l £ W sreE� _/ County; landscape improvements may be placed in landscape easements, if approved by the 3 �s,n( City Council of the City of Wylie. In addition, utility easements may also be THENCE, along the north line of said 13.125 acre tract and the south line of said used for the mutual use and accommodation of all public utilities desiring to use s Woodbridge Crossing Addition, North 89 degrees 28 minutes 09 seconds East, a or using the same unless the easement limits the use to particular utilities, mw distance of 600.00 fleet to a 5(8" iron rod with cap stamped "KHA" found for the said use by public utilities being subordinate to the public's and City of m northeast corner of said 13.125 acre tract; Wylie's use thereof. BUNNY 1 CAPITOL RUN --" r \ - _ THENCE, departing the south line of said Woodbridge Addition, along the east line The City of Wylie and public utility entities shall have the right to remove and -� p. of said 13.125 acre tract, South 00 degrees 37 minutes 32 seconds East, a keep removed all or parts of any buildings, fences, trees, shrubs or other EXCHANGE distance of 955.95 feet to a 5/8" iron rod with cap stamped "KHA" found for the improvements or growths which may in any way endanger or interfere with the 2 southeast corner of said 13.125 acre tract; construction, maintenance, or efficiency of their respective systems in said easements. The City of Wylie and public utility entities shall at all times have THENCE, along the south line of said 13. 125 acre tract, South 89 degrees 50 the full right of ingress and egress to or from their respective easements for KINNEY w minutes 23 seconds West, a distance of 586.76 feet to a 5/8" iron rod found with the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, \ N. cap stamped "KHA" found for the southwest corner of said 13.125 acre tract, being reading meters, and adding to or removing all or parts of their respective ---i in the east right-of-way line of McCreary Road and the beginning of a non-tangent systems without the necessity at any time procuring permission from anyone. LIMIT sncHsh CITY curve to the right; This plat approved subject to all platting ordinances, rules, regulations and THENCE, along the west line of said 13.125 acre tract and the east right-of-way resolutions of the City of Wylie, Texas. F,e line of McCreary Road as follows: +Ea° m - --- Along said curve to the right through a central angle of 10 degrees 31 WITNESS, my hand, this the day of , 20 . minutes 35 seconds, a radius of 810.00 feet, an arc length of 148.81 feet, a chord bearing of North 05 degrees 43 minutes 04 seconds West and a chord distance BY: WESTERN RIM 2014-3, L.P. , a Texas limited partnership Cvvv, / of 148.61 feet; LOCATION MAP BY North 00 degrees 37 minutes 49 seconds West, a distance of 804.16 feet to Matthew Hiles, Vice President SCALE: 1"=t000' the POINT OF BEGINNING and containing 571 ,731 square feet or 13. 125 acres of land more or less. STATE OF TEXAS § COUNTY OF TARRANT § SURVEYOR'S CERTIFICATE Before me, the undersigned authority, a Notary Public in and for the State of KNOW ALL MEN BY THESE PRESENTS: Texas, on this day personally appeared MATTHEW HILES, Vice President of Western Rim 2014, L.P. , known to me to be the person whose name is subscribed to the That I, DOUGLAS S. LOOMIS, do hereby certify that I prepared this plat from an foregoing instrument and acknowledged to me that he executed the same for the actual and accurate survey of the land and that the corner monuments shown purpose and considerations therein expressed. LINE TABLE CURVE TABLE thereon as set were properly placed under my personal supervision in accordance NUMBER DIRECTION DISTANCE NUMBER DELTA RADIUS LENGTH CHORD BEARING CHORD with the Subdivision Ordinance of the City of Wylie. Given under my hand and seal of office, this day of , 20 . Lt N 89°22' 11 " E 43.38' C1 24°55'55" 24.00 10.44 S 78°09'55" E 10.36 RELEASED 10/15/2014 FOR REVIEW PURPOSES ONLY. THIS Notary Public in and for the State of Texas L2 N 00°37'49" W 21 .06' C2 90°00'00" 24.00 37.70 N 44°22' 11 " E 33.94 DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. L3 N 89°22' 77 " E 42.97 ' C3 02°33'45" 1987.00 88.87 N 01 °54'42" W 88.86 Douglas S. Loomis, My Commission Expires On: Registered Professional Land Survey No. 5199 L4 N 89°22' 11 " E 40.00' C4 02033'45" 1513.00 67.67 N 01054'42" W 67.66 L5 N 89°22' 11 " E 42.91 ' C5 02°33'45" 1487.00 66.51 N 88°05' 18" E 66.50 STATE OF TEXAS § L6 S 89°22' 11 " W 42.91 ' C6 02°33'45" 2013.00 90.03 N 88°05' 18" E 90.02 COUNTY OF DALLAS § "RECOMMENDED FOR APPROVAL" L7 S 89°22' 11 " W 40.00' C7 02°33'45" 2013.00 90.03 S 89°20'57" E 90.02 Before me, the undersigned authority, a Notary Public in and for the State of L8 N 89°22' 11 " E 40. 14' C8 02°33'45" 1487.00 66.51 S 89°20'57" E 66.50 Texas, on this day personally appeared DOUGLAS S. LOOMIS, Land Surveyor, known Chairman, Planning & Zoning Commission Date L9 S 89°22' 11 " W 43.45' C9 02°33'45" 1513.00 67.67 S 00°39'03" W 67.66 to me to be the person whose name is subscribed to the foregoing instrument and City of Wylie, Texas L10 S 00°37'49" E 13.00' C10 02°33'45" 1987.00 88.87 S 00°39'03" W 88.86 acknowledged to me that he executed the same for the purpose and considerations L11 S 00°37'49" E 13.00' C11 02°33'45" 1987.00 88.87 S 01 °54'42" E 88.86 therein expressed. "APPROVED FOR CONSTRUCTION" L12 S 89°22' 11 " W 40.00' C12 02°33'45" 1513.00 67.67 S 01 °54'42" E 67.66 Given under my hand and seal of office, this _ day of , 20 . L13 N 89°22' 11 " E 72.99' C13 02033'45" 1487.00 66.51 S 88005' 18" W 66.50 L14 N 00°37'49" W 36.29' C14 02°33'45" 2013.00 90.03 S 88°05' 18" W 90.02 Mayor, City of Wylie, Texas, Date NytCoy Public in and for the State of Texas L15 N 44°22' 77 " E 18.38' C15 02°33'45" 2013.00 90.03 N 89°20'57" W 90.02 My Commission Expires On: L16 N 00°37'49" W 48.92' C16 02°33'45" 1487.00 66.51 N 89°20'57" W 66.50 "ACCEPTED" L17 S 00037'49" E 53.04' C17 28041130" 24.00 12.02 S 75001 '25" W 11 .89 L18 S 44°22' 11 " W 18.38' C18 02°11 '28" 810.00 30.98 N 03°13'29" W 30.98 Mayor, City of Wylie, Texas, Date L19 S 00037'49" E 32. 14' C19 23°32'27" 24.00 9.86 S 78051 '38" E 9.79 C20 90°00'00" 24.00 37.70 N 44°22' 11 " E 33.94 The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies C21 02°33'45" 1513.00 67.67 N 00°39'03" E 67.66 that the foregoing final plat of the MANSIONS AT WYLIE SENIORS addition to the C22 02°24'53" 1987.00 83.74 N 00°43'29" E 83.74 City of Wylie was submitted to the City Council on the day of 20 and the Council, by formal action, then and there C23 90°08'52" 24.00 37.76 N 45°33'23" W 33.98 accepted the dedication of streets, alley, parks, easement, public places, and C24 24°44' 12" 24.00 10.36 S 77°00'04" W 10.28 water and sewer lines as shown and set forth in and upon said plat and said C25 02°33'45" 2013.00 90.03 N 01 °54'42" W 90.02 Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed C26 02°33'45" 1487.00 66.51 N 01054'42" W 66.50 C27 89°44'09" 24.00 37.59 N 44°14' 15" E 33.86 Witness my hand this day of , A.D. , 20 . C28 02°17'54" 1513.00 60.69 N 87057'23" E 60.69 C29 02°33'45" 1987.00 88.87 N 88°05' 18" E 88.86 City Secretary, City of Wylie, Texas C30 02°33'45" 1987.00 88.87 S 89°20'57" E 88.86 SPECIAL NOTICE: OTCE........- C31 02°17'54" 1513.00 60.69 S 89°13'01 " E 60.69 NOTICE: Selling a portion of this addition by metes and bounds is a violation of C32 89°44'09" 24.00 37.59 S 45°29'54" E 33.86 City ordinance and State law, and is subject to fines and withholding of C33 02°33'45" 1487.00 66.51 S 00°39'03" W 66.50 utilities and building permits. C34 02°33'45" 2013.00 90.03 S 00039'03" W 90.02 C35 90000'00" 24.00 37.70 S 44022' 11 " W 33.94 C36 60°00'00" 24.00 25. 13 N 60037'49" W 24.00 C37 60°00'00" 24.00 25. 13 S 00037'49" E 24.00 C38 60°00'00" 24.00 25. 13 N 59022'11 " E 24.00 C39 90000'00" 24.00 37.70 S 45037149" E 33.94 C40 02°33'45" 2013.00 90.03 S 01054'42" E 90.02 C41 02°33'45" 1487.00 66.51 S 01054'42" E 66.50 C42 89°44'09" 24.00 37.59 S 44014115" W 33.86 C43 02°17'54" 1513.00 60.69 S 87057'23" W 60.69 C44 02033'45" 1987.00 88.87 S 88005' 18" W 88.86 C45 02033'45" 1987.00 88.87 N 89020'57" W 88.86 C46 02017'54" 1513.00 60.69 N 89013'01 " W 60.69 C47 89°44'09" 24.00 37.59 N 45029'54" W 33.86 C48 02°33'45" 1487.00 66.51 N 00039'03" E 66.50 C49 02°33'45" 2013.00 90.03 N 00039'03" E 90.02 FINAL PLAT MANSIONS AT WYLIE SENIORS 13. 125 ACRES out of the WILLIAM SACHSE SURVEY, ABSTRACT No. 835 CITY OF WYLIE, COLLIN COUNTY, TEXAS OWNER: ENGINEER: PROJECT INFORMATION 903 N. Bowser Road.Suite 240 WESTERN RIM INVESTORS RKM & ASSOCIATES, INC. Date of Survey: 04/01/2014 Richardson Texas 75081 2014 3, LP. 1700 Alma Drive Job Number 1414840 xintinkt (972)424 7002 Vince 2505 N. Hwy 360 Suite 800 Suite 227 Drawn By W.J.J. elE Grand Prairie, Texas 75050 Plano, Texas 75075 Date of Drawing: 10/14/2014 If (972)633 1702 Fax (972) 471-8700 (469) 361-3695 File: Final Plat.Dwg WWW.Sury yConsultantslnc.Com QT (.O145U Contact: Matthew Hiles Contact: Joshua A. Linclon SHEET 2 OF 2 ��O TBPLS Firm No. 10139600 Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: J Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: November 26, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final. Plat for Winger Addition, Block A, Lots 1 & 2, consisting of 1.857 acres to establish two commercial lots, generally located north of S.H. 78 and approximately 700 feet west of Eubanks Lane. Recommendation Motion to approve a Final Plat for Winger Addition, Block A, Lots 1 & 2, consisting of 1.857 acres to establish two commercial lots, generally located north of S.H. 78 and approximately 700 feet west of Eubanks Lane. Discussion OWNER: Kimbley Winger. & Quin Q. Shen SURVEYOR: Bryan Connally/CBG Surveying, Inc. The 1.857 acre tract is generally located north on SH 78 and approximately 700 feet west of Eubanks Lane; immediately west of Texas Dollar Pawn. The Final Plat will dedicate mutual access easements for the properties and establish boundaries for two commercial lots. A site plan for development of Lot 1 in conjunction with this plat was approved by the Planning Commission at its November 18th meeting. There are no immediate plans and/or proposals for development of Lot 2. Note: a nonconforming billboard exists on Lot 2. Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval. (Rev 01/2014) Page 1 of I Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: K Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: November 26, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Walmart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. Recommendation Motion to approve a Final Plat for Walmart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. Discussion OWNER: Wal-Mart Real Estate Business Trust SURVEYOR: Kimley-Horn & Assoc., Inc. The applicant is proposing two commercial lots of 5.254 and 0.648 acres, respectively to develop a neighborhood market food and general merchandise store and a fueling station. The total area is approximately 6.3 acres (including right-of-way dedication) on the northeast corner of McMillian and McCreary. It is part of the Creekside Planned Development(99-32) approved in October 1999. The Plat complies with the Development Plan which was approved with the PD and also the Comprehensive Development Plan. The Preliminary Plat was recommended for approval in. July of last year and the site plan was approved in August by City Council. Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 5-0 to recommend approval. (Rev 01/2014) Page 1 of 1 VICINITY MAP rats OWNER'S CERTIFICATE MCWHIRTER /, s STATE OF TEXAS § COUNTY OF COLLIN § VW S TE \� NORTH SURVEYORS CERTIFICATION Far -- --- --- - - WHEREAS WAL-MART REAL STATE BUSINESS TRUST, is the owner of a tract of land situated in the KNOW ALL MEN BY THESE PRESENTS: BETSY _ g '\ John H. Mitchell Survey,Abstract No. 589, City of Wylie, Collin County.Texas,and being all of a called j 5.901 acre tract of land described in a Special Warranty Deed to Wal-Mart Real State Business Trust, Mcmu,na j recorded Instrument 20140214000143720 said official public recording and being more particularly I, Michael B. Marx, R.P.L.S., do hereby declare that this plat was prepared from an actual survey of the land t---� t ( ( \ / I described by metes and bounds as follows: and that the corner monuments shown thereon were properly placed under my personal supervision in 1 MCMI0.AM / 6 accordance with the platting rules and regulations of the City of Wylie, Texas. `� GRAPHIC SCALE IN FEET I so o 25 so too BEGINNING at a 5/8-inch iron rod with a plastic cap stamped"KHA"set for the most westerly, southwest --_ I __-- corner of said 5.901 acre tract, same being the northwest corner of a called 2.221 acre tract of land as �s�� _ described in a Dedication and Impact Fee Agreement Between Creekside Development, Inc. and the City of PRELIMINARY 1"= 50' 24X36 -- '- Michael B.Marx i ( I GARNET HILL ADDITION, �° i Wylie, recorded in Instrument No. 20130628000900370 of the Official Public Records of Collin County, BLOCK A,LOT 1 CREEKSIDE ESTATES PHASE I, Texas, same being the intersection of the north right of way line of McMillen Road (County Road No. 298), a Registered Professional Land Surveyor#5181 THIS DOCUMENT SHALL voLUME zoo],PAGE zs1 BLOCK E ( variable width of with the east of me of RoadRoad No. 245 a KIMLEY-HORN AND ASSOCIATES, INC . NOT BE RECORDED FOR P-R.0.0 T. CABINET N,PAGE 894 rightway rightway McCreary (County ), 6 P.ft.ec T. variable width right of way as created on the final plat of Creekside Estates Phase I, an Addition to the City 5750 Genesis Court, Suite 200, Frisco,Texas 75034 ANY PURPOSE AND (972)335-3580 I r 20'X 20'DRAINAGE EASEMENT 7 of Wylie, Texas, according to the Plat, thereof recorded in Cabinet N, Page 894 of the Plat Records of Collin SHALL NOT BE USED OR VOL.2007 PG.291,P.R.C.C.T. County,Texas; VIEWED OR RELIED "' "' 5 -/ \ WATER EASEMENT / \ UPON AS A FINAL in IRcc-� \ VOL.2007,PG.291, THENCE North 00°OS'18"East, alongthe west line of said 5.901 acre tract and the east right of wayline of SURVEY DOCUMENT MAB 0 \ P.ft.c.c.r. �__. 9 a� w said McCreary Road (County Road No. 245), a distance of 491.95 feet to a 5/8-inch iron rod with a plastic tt 10'SIDEWALK EASEMENT VOL.2007,PG.291,P.R.C.C.T. it ,/ cap stamped "BURY PARTNERS"found for the northwest corner of said 5.901 acre tract, same being the THE GABLES AT NORTH HILL, u_ �, southwest corner of Garnet Hill Addition, Block A, Lot 1, an Addition to the City of Wylie, Texas, according to PHASE 2A. 0 o FIRE LANE,Access& / / / the Plat,thereof recorded in Volume 2007, Page 291 of the Plat Records of Collin County, Texas; BLOCK E UTILITY EASEMENT / - - / g CABINET R,PAGE 077 o VOL.2007,PG.291,P.R.C.C.T. P.R.C.OL -- -- 5/8"IRFC THENCE South 89°54'42" East, along the north line of said 5.901 acre tract and the south line of said Block ( IBuav PARTNERS) / STATE OF TEXAS S89°54'42"E 504.00' �aB.IRrc A, Lot 1, a distance of 504.00 feet to a 5/8-inch iron rod with a plastic cap stamped "BURY PARTNERS" § 7 59"[RFC - - - -- - -- - - - - --" -I (BURY PARTNERS) found for the southeast corner of said Block A, Lot 1, and the northeast corner of said 5.901 acre tract, same Sas"5a•42'E 494.00' cm COUNTY OF COLLIN I CV (BURY PARTNERS) 20'DRAINAGE EASEMENT also being on the west line of Lot 8, Block E of aforesaid Creekside Estates Phase I; § 9 .0' CM INST.NO.20070608000781740, 8 9 q 10•UTILITY EASEMENT / _ O.P.R.GC T. 5.901 BEFORE ME, the undersigned authority, on this daypersonallyappeared Michael Marx, known to me to be \ 07 Lza c17 ct8 + 145.03' o 1 ,jji 55.3T r- / Book E passing 00°05'18" distance of 74.48 feet east fine fi oo rod with acre c cap the fine of BURYaid Lot$ the person whose name issubscribed to the foregoing instrument, and acknowledged to me that he \ In D S89°54`42"E 129.88' Sas°54'42"E 21040' executed the same for the purposes and consideration therein expressed, in the capacity therein stated and w d- PARTNERS"found for the southwest corner of said Lot 8, Block E, common Co the northwest corner of a P P P P b' b 10'X 10'WATER 5(a^IRic -' as the act and deed of said corporation. \ a t- N `" N ,. EASEMENT \ 7 uRY PARTNresl _ called 18.475 acre tract of land described in the deed to Creekside South Apartments LLC,as recorded in P a 0 _L _ S89°54'42"E 150.37' _____ SSs°54•az^E 15s ao' - Instrument No 20131213001642650, of the Official Public Records of Collin County, Texas, and continuing o 1 �� \ - --• - -- - -- Given under myhand and seal of office on this the dayof , 20 \ w a O cAo I ey ckr 0 r along the west fine of said 18.475 acre tract,a total distance of 509.58 feet to a 5/8-inch iron rod with a z Z /( / >. plastic cap stamped"KHA"set for a corner at the southwest corner of said 18,475 acre tract, and on the \ a 1 FIRELANE AND Access , i north line of aforesaid 2.221 acre tract, same being the north right of way line of aforesaid McMillen Road EASEMENT -z5'EIRELANE,ACCESS AND NOTARY PUBLIC in and for the STATE OF TEXAS \ J U 1 UTILITY EASEMENT p p (County Road No. 298); ii z z U j z w (�_Lr3 n THENCE South 89°54'03"West , along the north line of said 2.221 acre tract and the north right of way line 8 N is z (m a of said McMillen Road (County Road No. 298), a distance of 484,67 feet to a 5/8-inch iron rod with a plastic C '� 0 z a cap stamped "KHA"set for the south corner of a visibility clip; Q co w 1 2 LO z CO P O ¢ • Lao z h J w to F. THENCE North 45°05'05"West, continuing along north line of said 2.221 acre tract and along said visibility z mi N I� w w CC F- o 1w clip, a distance of 27.27 feet to the POINT OF BEGINNING and containing 5.901 acres(257,062 square w a co g N F �..` feet)of land, more or less. } a w 1sx io•WATER 28 i Bearings and distances are based upon Texas State Plane Coordinates, North Central Zone, NAD83, as °J EASEMENT I ( __ \� 10•X 25'WATER O z !.----'-% EASEMENT determined using City of Wylie GPS station CM 2, City of Wylie GPS station CM 4 and City of Wylie GPS Q o - m L• 4 station CM 5. The bearings shown are Grid values. The distances shown are Surface values. 2 I w LOT 1, BLOCK A E • ,� So Uw < 5.254 ACRES -.�� J_J un NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I I 12 o {228,849 SO. FT.) L6 En oz CALLED 18.475 ACRES THAT WAL-MART REAL STATE BUSINESS TRUST, acting herein by and through it's duly authorized JD 1 En 1 o ' w I in CREEKSIDE SOUTH APARTMENTS LLC officers, does hereby adopt this plat designating the hereinabove described property as CREEKSIDE °'i z 1 m o INST.NO.20131213001642650 N RETAIL ADDITION, an addition to the City of Wylie, Texas, and does hereby dedicate, in fee simple, to the d ` � m 18 o.P.R.C.c.r. public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street Oz I I- CALLED 5.901 ACRES w Sr, H o WALMART REAL STATE BUSINESS TRUST. w 3 :F. purposes. The Easements and public use areas, as shown are dedicated, for the public use forever, for the CERTIFICATE OF APPROVAL INST.No.20140214000143720 I G purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall a F N▪ CO o P.R.o.0 T. to o be constructed or placed upon, over or across the Easements as shown, except that landscape (j m a ° ° 15'UTILITY EASEMENT I 0 "Recommended for Approval" a. o ¢ •z improvements may be placed in Landscape Easements, if approved by the City of Wylie. In addition, Utility PP ce i w C13 CO Easements may also be used for the mutual use and accommodation of all public utilities desiring to use or sr .J of > (� Pam \ L11- _v_I using the same unless the easement limits the use to particular utilities, said use by public utilities being 01 o^M m 1L8 subordinate to the Public's and City of Wylie's use thereof. The City of Wylie and public utility entities shall CALLED 66.2147 ACRES O] z w 12142' L9 U Chairman, Planning&ZoningCommission Date THE SAAM TRUST w s 1s ots JI have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other 0 10'X 15'WATER S89°54.42"E 156.40' improvements orgrowths which mayin anywayendanger or interfere with the construction, maintenance, City of Wylie, Texas VOLUME 4536,PAGE 2324 F I," 015- p 9 O.P.R.GOT. EASEMENT I� or efficiency of their respective systems in said Easements. The City of Wylie and public utility entities shall i e I ____ 889°54'42^E taa.7]• CsN u at all times have the full right of ingress and egress to or from their respective easements for the purpose of "Approved for Construction' d• i Sa9°54'4z"E 199.23' _ _ c� / 1292T J constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing 0 o mm- I3.14• rl MI - -1 all or parts of their respective systems without the necessity at any time procuring permission from anyone. L32 / L35 z f z M JL L31 25'EIRELANE AND L=31.4T w °i w Mayor, City of Wylie,Texas Date Laa 544°54'42°E ACCESS EASEMENT L=15]1' w a- w The area or areas shown on the plat as "VAM" (Visibility, Access and Maintenance) Easement(s) are 1 zr x 15'UTILITY 21.76• coo hereby given and granted to the City, its successors and assigns, as an easement to provide visibility, right a. EASEMENT LOT 2, BLOCK A w en to w of access for maintenance upon and across said VAM Easement. The Cityshall have the right but not the "Accepted" -� M rt o 0 P 9 y a H 0.648 ACRE ° 1r- LZI o II- obligation to maintain any and all landscaping within the VAM Easement. Should the City exercise this . o - z 0 w a P maintenance right, then it shall be permitted to remove and dispose of any and all landscaping 0 1 w (28,213 SQ. FT.) a a w m m in in improvements, including without limitation, any trees, shrubs, flowers, ground cover and fixtures. The City to so°os'ta"w-H( m w 1n o may withdraw maintenance of the VAM Easement at any time. The ultimate maintenance responsibility for Mayor, City of Wylie,Texas Date m er w 0 r---- - --,_f 1 - -- --- -- - - - - - o z the VAM Easement shall rest with the owners. No building, fence, shrub, tree or other improvements or S89°54'42•E 150.00' In O D P z 10'SIDEWALK EASEMENT a j " growths, which in anywaymayendanger or interfere with the visibility, shall be constructed in, on, over or The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of M NO°osta"E�- z5 oa -+- L� 9 y' CREEKSIDE RETAIL ADDITION, an addition to the City of Wylie was submitted to the City Council on the zs.00' - across the VAM Easement. The City shall also have the right but not the obligation to add any landscape Issc - - --- -Nas°53rd2°w )5o.boT I i improvements to the VAM Easement, Co erect any traffic control devices or signs on the VAM Easement day of 20 , and the Council, by formal action, then and there accepted the zs x 150'UTILITY �,. dedication of streets, alleys, parks, easements, public places, and water and sewer lines as shown and set \ EASEMENT 11.26 o' and to remove any obstruction thereon. The City, its successors, assigns, or agents shall have the right and .- .- - - --. --- - - - a privilege at all times to enter upon the VAM Easement or any part thereof for the purposes and with all forth in and upon said plat and said Council further authorized the mayor to note the acceptance thereof by N89°54'03"E 1952T , V L1a O-= N89°54'oa^E 289.40' L13 \" _ _ - - signing his name as hereinabove described Ci a _ nghts and privileges set forth herein. +P.O•B- \\-IRsc S89°54'03"W 484.6T L12 u5 Fr This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Witness my hand this day of ,A.D., 20 i N45°05'05"W CALLED 2.221 ACRES Texas. 27.27' CITY OF WYLIE o CABINET N,PAGE 894 INST.NO.20130614000824420& WITNESS, my hand, this the day of 20 0 P.R.O.GT. INST.NO.20130628000900370 City Secretary N o.P.ft.C.OT. WAL-MART REAL STATE BUSINESS TRUST City of Wylie, Texas. J.- (I) n 1 I McMILLEN ROAD (C. R. NO. 298) BY: rt Michael Allan Director of Design rk f CURVE TABLE - I LINE TABLE LINE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD a I U NO, BEARING LENGTH NO. BEARING LENGTH C1 41°13'56" 30.00' 21.59' S69°17'44"E 21.13' STATE OF CALLED 66.2147 ACRES CALLED 115.155 ACRES Lt N00'05'18"E 63.09' L19 500'05'18"W 15.00' C2 90°00'00" 54.00' 84.82' N44°54'42"W 76.37' § E THE SAAM TRUST YES COMPANIES.LLC C3 40°03'22" 30.00' 20.97' S19°56'23"E 20.55' m VOLUME 4536,PAGE 2324 INST,NO.20080205000141500 L2 N00"OS'15"E 28.06' L20 N00°05'18'E 9.99' COUNTY OF § FINAL PLAT o O.P.R.GC T. O.P.R.C.GT. C4 51'19'55" 50.00' 44.80' N25'45'16"E 43.31' 4 L3 Nob"0518"E 15.00' L21 S89°52•s9"E 10.00' Before me, the undersigned authority, a NotaryPublic in and for the State of , on this `o C5 90°00'00" 30.00' 47.12' N44"54'a2'W 42.43 9 Y CREEKSIDE RETAIL ADDITION n. L4 589°54'42"E 10.00' L22 500°05'18"W 9.99' day personally appeared Michael Allan, known to me to be the person whose name is subscribed to the - C6 90°00'00" 30.00' 47.12' 545°05'18"w 4z43' foregoing instrument and acknowledged to me that he executed the same for the purpose and LOTS 1 AND 2 BLOCK A 0 L5 S00°0518"W 25.00' L23 S89°54•42"E 24.86' o considerations therein expressed. C7 39°13'40" 30.00' 20.54' 519031'29"E 20.14' a L6 N89°54'42"W 10.00' L24 N00°OS'18"E 55.00' 5.901 ACRES C8 36°27'11" 30.00' 19.09' N18°18'54"E 18 77' Given under my hand and seal of office,this day of , 20 a I L7 N89°54'42"W 9.51' L25 N00"05'18"E 85.00' z L8 N89`5442"W 5.80' L26 N00"05'18"E 55.92' 09 90°00'00" 30.00' 47.12' N44'54'42"W 42.43' SITUATED IN THE n. N L9 N89'S4'42"W 34.98' L27 S00°OS'i8"W 15.00' C10 52'38'05' 50.00' 45.93' S63°46'16"W 44.33' JOHN H. MITCHELL SURVEY C11 90°00'00" 30.00' 47.12' S45'05'18"W 4z 43' NOTARY PUBLIC in and for the STATE OF 1 C NOTES: r ,' uo Noo°osls"E 21.00' L28 Nas's4'arw 10.00' Engineer: " C12 90'00'00" 30.00' 47.12' N44°54.42"W 42.43' Kimie Horn and Associates, Inc. ABSTRACT NO. 589 0 L11 N89"54'42"W 63.59' L29 N00°0518"E 15.00' Y T 73 1. Bearings based on Texas State Plane Coordinate System C13 17°27'27" 30.00' 9.14' No8°49'02•E 9.11' 5750 Genesis Court per the City of Wylie Control Monuments No. 2, 4 and 5. I L12 S89°54'03"W 23,09' L30 989°54'42"E 10.00' CITY O F WYL I E COLLIN COUNTY TEXAS Suite 200 1 C14 58`1840" 30.00' 30.53' N46'4205"E 29.23' r I L13 S89'S4'03"W 61.80' L31 S89"54'42"E 21.00' Frl$na, TeXa$75034 '° M is 2. Selling a portion of this addition by metes and bounds is a C15 14°1353" 30.00' 7.45' N82°58 zz°E 7.43' Tel. No. (972) 335-3580 L14 S89`54'03"W 33.27' L32 N00°0518"E 15.00' }7v . t( ) 1¢ violation of City Ordinance and State Law and is subject to _ ' _ - Fax No. (972)335-3779 i,• & 1 C16 90°00'00" 30.00• 47.12' S44'S4a2"E 4243• 1 f : fines and withholding of utilities and building permits. L15 589`54'o3'YN D_3Z' L33 N89`54'42VJ 21,00' Contact: Heath Voyles, PE )}4 #;d I1y'w� > C17 z7°07'38" 50.00' 23.67' N76°20.53"W 23.45' 171,a °. dl 1tR,R,(N2 = 3. M.R.C.C.T. = MapRecords, Collin County, Texas us N89°54'42"W 10.00' Lao Noo'05'18"E 1500' "' YOwner: E D.R.C.C.T. =Deed Records, Collin Count Texas L17 so0°o51a°w 15.00' Las Ns9°Sa•a2'w ao aa' C18 27°07'38" 50.00' 23.67' S76°20'53"E 23.45' 5750 Genesis Court, Suite 200 Tel. No. (972)335-3580 w Y, Wal-Mart Real Estate Business Trust Frisco, Texas 75034 Firm# 10193822 Fax No. (972)335-3779 r Texas C.C.T. =Official Public Records, Collin County, I C19 18°45'35" 100.00' 32.74' N09'28'06"E 32.60' 2001 SE 10th Street L18 S89°54.42'E 10.00' L36 N00"05.18"E 15.00' C Texas Bentonville,AR 72716 Scale Drawn by Checked by Date Project No. Sheet No. z C20 18'45'35" 100.00' 32.74• S09°28'06"W 32,60' Recorded in Cabinet , Page , P.R.C.C.T. P.O.B. = Point of Beginning. Ph: 478-273-4000 1" = 50' MBM KHA 10-24-2014 063362274 1 OF 1 3 - .,o Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: L Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 3, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat creating a single open space lot to be dedicated as parkland to the City of Wylie, located within the Braddock Place Subdivision, and generally located west of FM 544 and south of Elm Drive. Recommendation Motion to approve a Final Plat creating a single open space lot to be dedicated as parkland to the City of Wylie, located within the Braddock Place Subdivision, and generally located west of FM 544 and south of Elm Drive. Discussion OWNER: BPE Phase IV, LTD. APPLICANT: Corwin Engineering The property totals 8.646 acres and will create a single open space lot for parkland purposes. The subject property is part of the 185.1449 acre Braddock Place Addition Planned Development (PD 2005-24), which consists of Single-Family Residential of varying densities, and Common Open Spaces. The property was annexed into the City of Wylie on September 28, 2004, and was the subject of a Zoning Case approved by City Council on July 26, 2005. A General Warranty Deed was executed on October 15, 2014. by the City of Wylie and Braddock Place Holdings, LTD to grant, sell and convey the subject property. P&Z Commission Discussion The Commission recommends approval 5-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of I NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT we the undersigned do hereby adopt this plot designating the herein described property os "LOT 1 BLOCK A - CITY PARK", an addition to the City of Wylie, Texas, and do hereby dedicate, LEGAL DESCRIPTION in fee simple to the public use forever the eosements and right-of-ways as shown hereon. The easements, as shown, are hereby dedicated for the purpose as indicated. No buildings, fences, trees, shrubs or other WHEREAS, BRADDOCK PLACE HOLDINGS, LTD., is the owner of a tract of land situated in the D.W. Williams improvements or growths shall be constructed or placed upon, over or across the easements and Survey, Abstract No. 980 in the City of Wylie, being part of a 185.1449 acre tract, os described in Clerks File right-of-Ways as shown. Said utility eosements being hereby reserved for the mutual use and No. 20060119000079810 in the Deed Records of Collin County, Texas, being more particularly described as follows: accommodation of all public utilities desiring to use or using same. All and any public utility shall have the right to remove and keep removed all ports of any buildings, fences, trees, shrubs or other BEGINNING at a 1/2inch iron rod found at the most easterly northeast corner of Braddock Place Phase I, on addition improvements or growths, which in any way endanger, or interfere with the construction, to the City of Wylie, as described in Doc. No. 2004-596, in Plot Records of Collin County, Texas, being in the west line maintenance or efficiency of its respective systems on utility easements and all public utilities shall at of F.M. 544 (90' R.O.W.), same being in the east line of said 185.1449 acre tract; all times have the full right of ingress and egress to or from and upon said utility easements for the purpose of removing all or port of its respective system without the necessity, at any time, of THENCE, South 57° 38'02" West, along the north line of said Braddock Place Phase I, for a distance of 804.78 feet, to procuring the permission of anyone.. 0 50 100 200 o I/z inch iron rod set with a yellow cop stomped "Corwin Eng, Inc.": SCALE: 1" = 100' WITNESS MY HAND AT Texas, this the day of , 2014. THENCE, North 32° 21'58" West, departing said north line, for a distance of 356.49 feet, to o I/z inch iron rod set with o yellow cap stamped "Corwin Eng. Inc.", in the south line of Wally W. Watkins Elementary School, an addition to the City of Wylie, os described in Doc. No. 2010-247, in said Plats Records, being on a curve to the left, having a radius of I I 532.50 feet, a central angle of 56° 01'44", and a tangent of 283.31 feet; BRADDOCK PLACE HOLDINGS, LTD., a Texas Limited Partnership �, By: Braddock Place Holdings GP Corporation, a Texas Corporation, -7 -1- ( T T T ( j T T T-__-\ THENCE, along the south line of said Wally W. Elementary School and with said curve to the left for on arc distance of its General Par tner BRADDOCK PLACE I 520.73 feet (Chord Bearing North 51° 38'41" East - 500,22 feet), to a % inch iron rod found at the point of reverse I 1 PHASE 1111 I i curvature of o curve to the right, having a radius of 467.50 feet, a central angle of 66° 50'55", and a tangent of DOC. NO. 2014-396 308.54 feet; I I I I I I I THENCE, continuing along said south line and with said curve to the right for an arc distance of 545.44 feet (Chord By: Richard M. Skorburg, President I I I I / 1 Bearing North 57° 03'15" East - 515.03 feet), to a % inch iron rod found at the point of tangency; u STATE OF TEXAS 1 THENCE, South 89° 31'19" East, continuing along said south line, for a distance of 50.00 feet, to a 1/2inch iron COUNTY OF DALLAS S89° 31 1g rod found at the southeast corner of said Wally E. Elementary School being in the west line of said F.M. 544 and A= 66° 50' 55 " 50-00'-� I being in the east line of said 184.1449 acre tract; R= 467 . 50' -- T= 308. 54 ' / THENCE, South 00° 28'58" West, along the west line of said F.M. 544 and the east line of said 184,1449 acre tract, Before me, the undersigned , a Notary Public in and for said County and State, on this day i �;-'R.. , r-IR. for o distance of 460.39 feet, to the POINT OF BEGINNING and containin 8.646 acres of land. personally appeared RICHARD SKORBURG, known to me to be the person whose name is subscribed L = 545. 44 ' / 9 to the foregoing instrument and acknowledged to me that he executed some for the purpose and �' oz2<. i C= 515. 03 ' i consideration therein expressed. B= N57° 03 ' 15 "E / / 11 p / /' 1 SURVEYOR'S CERTIFICATE Given under my hand and seal of office, this day of , 2014. / / KNOW ALL MEN BY THESE PRESENTS that I, WARREN L. CORWIN, do hereby certify that /' JCu o�' / w - �M I prepared this Final Plat and the field notes from an actual and accurate survey of the land, that the O.`v% / / M ;1N / / 6 1 corner monuments shown thereon were properly placed under my personal supervision in accordance WALLY W. WATKINs / .4 ?� / / ON ;�m1 / /' 4' with the subdivision Regulations of the City of Wylie, Texas. ELEMENTARY SCHOOL ��/3$' L VOL. 2010, PCs. 247-248 / / 18 / / Notary Public in and for the State of Texas / / 01 f 18 / /- -y My commission expires: / 0 ' lb in6 NI- h< � ad /' x" �" / y�''-64 / /' 60 �m WARREN L. CORWIN /, c°' 1,' N ('` V R.P.L.S. No. 4621 / °'Mo / / 0 / / 4;� / /'1 1 1N "Recommended for Approval " A= 56° 01 ' 44 " / 4,4 / /' I THE STATE OF TEXAS R= 532. 50' 1 I COUNTY OF COLLIN / / / / L = 520. 73 ' / / / / Before me, the undersigned, o Notary Public in and for the State of Texas, on this day Chairman, Planning & Zoning Commission Date personally appeared WARREN L. CORWIN, known to me to be the person whose name is City of Wylie, Texas C= 500. 22 ' i' / / - �' I subscribed to the foregoing instrument, and acknowledged to me that he executed some for the 8= N51 ° 333, "41 "E / LOT 1 BLOCK A / /'/ / RF purpose and consideration therein expressed and in the capacity therein stated. CITY PARK 1 I Approved for Construction -' / / /- Given under my hand and seal of office, this day of , 2013. , / / S�. S. / / / 7 i' �e sAa „/' ti Mayor, City of Wylie, Texas Date a5 0 / /�j' / // /se�gjo I NOTARY PUBLIC, STATE OF TEXAS Accepted / �54 • / N�55 . 041 / y''d -- $ POINT of BEGINNING F I --7 *V / y / . s.0 O I Mayor, City of Wylie, Texas Dote ,-7 t3� / / / � rys OrL� "The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the / S / -7- ..-7 / .y �\ I OWNER'S DEDICATION STATEMENT foregoing final plat of the LOT 1 BLOCK A - CITY PARK, subdivision or addition to the Cp; 6s� / - ' �° City of Wylie was submitted to the City Council on the day of , 2014. / !y / - Js�t'+/ . �j� \ �\ and the Council, by formalaction, then and there accepted the dedication of streets, alley, parks, .7' 5 • Now, Therefore Know All Men by these Presents: easement, public places, and water and sewer lines os shown and set forth in and upon said plot / - / V. \ 9 \ , and said Council further authorized the Mayor to note the acceptance thereof by signing his name ,..7 / / ,\ That, BRADDOCK PLACE HOLDINGS, LTD., acting herein by and through its duly authorized '( \ as hereinobove subscribed. / O \ / ' K '\ officer, does hereby adopt this plat designated hereon as, BRADDOCK PLACE PHASE II, on addition to / / �-" ��\ / / \ B '\ the City of Wylie, Texas and does hereby dedicate all such water lines, valves, and Water system / // / // `\ \ 1 appurtenances to the East Fork Special Utility District Witness my hand this day of , A.D., 2014. / / / �� / .i`\ \`` \ 7 \ .\ T...- ------ Executed this day of . 2014. / / ' \ i' BRADDOCK WAY �, / 7-' / " /--( �,\ 6 �' Owner. City Secretary / i" / . \ i City of Wylie, Texas / / , I C 5 By: \--7 / 7-/ / '/ ,.7 �7 \ \BRADDOACK PLACE\SE t , i""� STATE OF TEXAS i' / . ' 4 DOL°, NO. 2004-596 /" /- COUNTY OF / i(� / ' ' .-� \ V /- .�V I FINAL PLAT \ \ / . ! i'\/'' \ �\ j;,� /,,7 I---- I Before me, the undersigned a Notary Public in and for said County and State, on this day OF \ I personally appeared RICHARD SKORBURG, known to me to be the person Whose name is subscribed BLOCK��/ \ �\ 7- C' I to the foregoing instrument and acknowledged to me that he executed same for the purpose and L 0 T 1 B L 0 C K A ,\ \'C \\ i i \ 1 , consideration therein expressed and in the capacity therein stated. CITY PARK Given under my hand and seal of office, this day of , 2014, OUT OF THE i. PROJECT D.W. WILLIAMS SURVEY, ABSTRACT NO. 980 LOCTION IN THE ti Notary Public in and for the State of Texas CITY OF WYLIE NOTES m M ill Notary COLLIN DOWNER Y, TEXAS I. Bearings are referenced to a 185.1449 acre tract of land, as BRADDOCK PLACE HOLDINGS, LTD. described in Clerks File No. 20060119000079810, in the Deed Records of Collin County, Texas. / - 8214 WESTCHESTER DRIVE, SUITE 710 � CREEKSmE DALLAS, TEXAS 75225 2. 1/2" iron rods with "CORWIN ENGR, INC." cops set at all 214-522-4945 boundary corners, block corners, points of curvature, PREPARED BY points of tangency, and angle points in public right-of-way unless otherwise noted. CORWIN ENGINEERING, INC. 3. C.M. - Controlling Monument 200 W. BELMONT, SUITE E o? `0 ALLEN, TEXAS 75013 4. "Selling a portion of this addition by metes and bounds iv `�, 972-396-1200 is a violation of City Ordinance and State Low and subject aF TOTAL LOTS 1 to fines and Withholding of utilities and building permits." TOTAL ACRES 8.646 AUGUST 2014 SCALE: 1"=100' LOCATION MAP N.T.S. G `t OF Wk.,, 1 rt Wylie City Council AGENDA REPORT pNt yy gpfibgY R tGl�q Meeting Date: December 9, 2014. Item Number: M (City Secretary's Use Only) Department: Engineering Prepared By: Engineering Account Code: Date Prepared: November 12, 2014. Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, approval of Ordinance No. 2014-43 prohibiting parking, stopping, or standing of a vehicle along the east side of Woodbridge Parkway from South Hensley Lane to North Hensley Lane, and along the north side of South Hensley Lane from Woodbridge Parkway to a point 800' east. Recommendation Motion to approve Ordinance No. 2014-43 prohibiting parking, stopping, or standing of a vehicle along the east side of Woodbridge Parkway from South Hensley Lane to North Hensley Lane, and along the north side of South Hensley Lane from Woodbridge Parkway to a point 800' east. Discussion The engineering and police departments have met with representatives from WISD to discuss the traffic flow around Cooper Junior High School and Draper Intermediate School located on Woodbridge Parkway and Hensley Lane. During the afternoon pickup times, cars foriii two lanes along South Hensley Lane to enter the school property, however, some cars park along the north side of the roadway blocking the west bound lane. Approval of the ordinance will restrict parking along this section of roadway and allow South Hensley Lane to be restriped with one west bound and two east bound lanes. The ordinance also specifies no parking along the east side of Woodbridge Parkway. Currently some cars stop in the outside north bound lane of Woodbridge Parkway to pick up students exiting the schools instead of using the pickup lanes at the school. Approval of the ordinance will prohibit parking in this area. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2014-43 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 110-173 (a) (10) (STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES) OF ARTICLE VI (STOPPING, STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE WYLIE CODE OF ORDINANCES; PROHIBITING PARKING, STOPPING OR STANDING OF A VEHICLE ALONG THE EAST SIDE OF WOODBRIDGE PARKWAY FROM SOUTH HENSLEY LANE TO NORTH HENSLEY LANE AND ON THE NORTH SIDE OF SOUTH HENSLEY LANE FROM WOODBRIDGE PARKWAY TO A POINT 800' EAST DURING THOSE TIMES SET FORTH IN THIS ORDINANCE; ESTABLISHING AN OFFENSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to prohibit the stopping, standing, or parking of a vehicle along the east side of Woodbridge Parkway from South Hensley Lane to North Hensley Lane and on the north side of South Hensley Lane from Woodbridge Parkway to a point 800' east (the "Zone"); and WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to prohibit the stopping, standing, or parking of a vehicle in the Zone; and WHEREAS, the City Council further finds that the stopping, standing, or parking of a vehicle in the Zone is dangerous and creates a traffic hazard that threatens the health, safety, and welfare of motorists and pedestrians; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare of the school children to prohibit the stopping, standing, or parking located in Wylie, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 110-173 (a) (10) (Stopping, Standing, or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances. Section 110-173 (a) (10) (Stopping, Standing, or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Ordinance No.2014-43 Prohibiting Stopping,Standing,or Parking in Designated Areas Page 1 596255.1 Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances is amended to read as follows: (G) East side of Woodbridge Parkway from South Hensley Lane to North Hensley Lane; and (H) North side of South Hensley Lane from Woodbridge Parkway to a point 800' east. SECTION 3: ENFORCEMENT: In no way shall those areas where stopping, standing, or parking is prohibited be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the area in which stopping, standing, or parking is prohibited at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the area where stopping, standing, or parking is prohibited and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars ($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances, any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings, when used, and the deleted portions shall be removed when Ordinance No.2014-43 Prohibiting Stopping,Standing,or Parking in Designated Areas Page 2 596255.1 amendments are printed in the code. The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of December, 2014. ERIC HOGUE, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date of publication: December 1.7, 2014 in The Wylie News Ordinance No.2014-43 Prohibiting Stopping,Standing,or Parking in Designated Areas Page 3 596255.1 w , RT a' % 41 6 kt% k I 15 a I Mt � 3 / I }� I' ) .r . ut .,Il 44 ms 2oaj447Gootgle„ In 7 tetitivir ` Wylie City Council � � .a��.w fi AGENDA REPORT Meeting Date: December 9, 2014 Item Number: N Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: November 25, 2014 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2014.. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for October 31,2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 1 2014-2015 Investment Report October 31, 2014 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,528,368.30 MMA 0.0268% Texpool 12/31/2006 NA 2 $15,045,776.53 MMA 0.0385% TexStar 3/15/2011 NA $29,574,144.83 Total Weighted Average Coupon: 0.0328% Money Markets: $29,574,144.83 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,574,144.83 GA "e'*ts Wylie City Council • AGENDA REPORT Meeting Date: December 9, 2014 Item Number: 0 Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: November 24, 2014 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2014.. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 ��U�-^� ���� ��� CITY� ��^ vv / x-^�- MomT*c(nwAmowLnEpoRT October u1.2n14 xmmuAL CURRENT YTD ACTUAL aen" ~=m BUDGET MONTH ACTUAL YTo4oTuAL Aa4PERCENT 8.33Y6 ACCOUNT DESCRIPTION 2014-2015 2014-2015 2014-2015 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 20.452.238 304.000 304.000 178% A FRANCHISE FEES 2.498.000 37 37 0.00% B LICENSES AND PERMITS 038.000 59.410 58.416 8.31% INTERGOVERNMENTAL REV. 774.801 10.793 10.793 1.38% C SERVICE FEES 3.023.905 27.107 27.107 0.90% D FINES AND FORFEITURES 300.000 28.013 28.013 8.34% INTEREST INCOME 3.008 231 231 7.68% MISCELLANEOUS INCOME 200.000 3.375 3.375 1.08% OTHER FINANCING SOURCES 1.901.899 1.801.899 1.801.898 100.00% E REVENUES 2e.851.103 2.454.870 2.454.870 8.22Y6 USE OF FUND BALANCE 1.229.890 NA NA wx r USE OF CARRY-FORWARD FUNDS 67.000 NA NA wx TOTAL REvEmusa 31.1*8.65e NA NA mx GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 102.030 0.282 0.282 6.13% CITY MANAGER 810.327 01.588 01.588 7.00y6 CITY SECRETARY 273.202 19.792 18.792 7.24% CITY ATTORNEY 178.080 O O 8D0% FINANCE 996.334 70.381 70.381 7.07% FACILITIES 592.441 12.318 12.316 2.08% MUNICIPAL COURT 344.498 24.364 24.364 7.07% HUMAN RESOURCES 218.907 1*.391 15.391 7.03% PURCHASING 94.318 7.101 7.181 7.53% INFORMATION TECHNOLOGY 1.080.308 42.715 42.715 3.85% POLICE 7.240.473 583.238 583.238 8.00% FIRE 6.432.405 500.982 500.982 7.88% EMERGENCY COMMUNICATIONS 1.300.108 83.852 93.852 722% ANIMAL CONTROL 400.435 33.930 33.930 727% PLANNING 524.282 41.196 41.196 7.80% BUILDING INSPECTION *04.722 42.749 42.749 7.57% CODE ENFORCEMENT 241.082 19.730 19.730 8.18% STREETS 2.094.441 83.215 83.215 3.97% PARKS 1.810.006 102.485 102.485 5.37% LIBRARY 1.080.478 121.249 121.249 7.18% COMBINED SERVICES 3.897.256 *58.747 559.747 14.00% G TOTAL EXPENDITURES 31.148.659 2.454.314 2.454.314 7.88Y6 REVENUES ovEmxumoEn)EXPENDITURES o 556 556 0.34% x. Property Tax Collections for FY14'15anof October 31 are 2.17Y6. in comparison mFY13'14 for the same time period 1.17y6. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C. Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. D.Service Fees:Trash fees billed in October are applicable towards FY 2013-14 revenue with the remaining fees coming from other seasonal fees. E.Other Financing Sources includes the annual transfer from the Utility Fund. F.Use of Fund Balance: For Replacement/New Fleet&Equipment and Transfer to Debt Service. G. Due to one-time expenditures including annual insurance payments and transfer to debt services.This will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2014 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2014-2015 2014-2015 2014-2015 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,545,000 38,773 38,773 0.29% H INTEREST INCOME 1,400 121 121 8.67% MISCELLANEOUS INCOME 45,000 4,113 4,113 9.14% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 13,591,400 43,007 43,007 0.32% USE OF FUND BALANCE 434,000 NA NA NA I TOTAL REVENUES 14,025,400 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 423,987 22,173 22,173 5.23% UTILITIES-WATER 1,683,933 102,686 102,686 6.10% CITY ENGINEER 520,614 32,730 32,730 6.29% UTILITIES-SEWER 870,858 49,336 49,336 5.67% UTILITY BILLING 314,218 22,480 22,480 7.15% COMBINED SERVICES 11,191,637 2,638,199 2,638,199 23.57% J TOTAL EXPENDITURES 15,005,247 2,867,604 2,867,604 19.11% REVENUES OVER/(UNDER)EXPENDITURES -979,847 -2,824,597 -2,824,597 -18.79% H.Most Utility Fund Revenue billed in October is applicable to FY 2013-14. I. Use of Fund Balance:For Replacement/New Fleet&Equipment. J.Due to annual transfer to the General Fund. This will level out throughout the fiscal year. Cage Wylie City Council • AGENDA REPORT Meeting Date: December 9,2014 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 3, 2014 Budgeted Amount: Exhibits: 7 Subject Hold a Public Hearing and consider, and act upon, amending Planned Development 2006-55 (PD-2006-55), Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11 Recommendation Motion to approve, amending Planned Development 2006-55 (PD-2006-55), Section IV Specific Regulations to allow no more than 2 garage doors to face the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11 Discussion Owner: The Skorburg Company Applicant: Ryan Joyce,The Skorburg Company The subject tract was part of a Planned Development adopted August 22, 2006 in order to develop a master planned residential community. A Final Plat for phase 1 was approved in 2013. and created 52 single-family residential lots and one open space lot. The intent of the amendment is to modify the regulations of garage doors facing a public street. The applicant states that builders have been approached by multiple buyers requesting four and five car garages (see Exhibit "C"). The current PD Conditions require that only the single car door in a 2&1 configuration may face the street. Although on corner lots, the garages may face the street. Because potential homebuyers are requesting that a 2:2 or a 3:2 configuration be constructed, the applicant is requesting that the ordinance be amended to allow for no more than 2 garage doors may face a street; as described in Exhibit "B". In addition, any garage door that faces the street shall be an architectural upgraded door with decorative door hardware. No other changes are affected by this request. Notification/Responses: Ninety-One (91) notifications were mailed; with one response returned favoring the request and one response opposing the request at the time of posting. Planning& Zoning Commission Discussion The Commission discussed the types of doors to be required and voted to allow the amendment,but require that all doors on the 2:2 or 3:2 configuration must be architectural upgraded doors with decorative hardware. The Planning and Zoning Commission voted 5-0 to recommend approval. (Rev 01/2014) Page 1 of 1 Exhibit"A" Legal Description Being a 61.26 acre tract of land located in the Allen Atterbenry Survey,Abstract No.23, and a portion part of a called 86.6 acre tract described to S.H.Hood,as recorded in Volume 291,Page 167,Collin County Deed Records(C.C.D.R),and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line os said Allen Atterbeny Survey,the North line of the D.W.Williams Survey,Abstract No.980, the Northeast corner of a tract of land described to Thelma Rice,as recorded in Volume 561,Page 266,C.C.D.R.,the Southeast corner of a tract of land recorded to Tommy& Toni Pulliam,as recorded in Volume 4590,Page 1895,C.C.D.R.,and the West right-of- way line of F.M. 544(90'ROW),as recorded in Volume 568,Page 21,C.C.D.R; THENCE North 89 degrees 32 minutes 50 seconds West,along the South line of said Atterbeny Survey and the North line of said Williams Survey,a distance of 648.87 feet to a 518 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pulliam tract; THENCE North 89 degrees 32 minutes 50 seconds West,continuing along the South line of said Atterberry Survey and the North line of said Williams Survey,the North line of said Rice tract,the North line of a tract of land described to Darlene R.Ceilley,as recorded in Volume 4977,Page 504,C.CD.R,North line of a tract of land described to Edwin W.Klingbeil,as recorded in Volume 4977,Page 504,C.C.D.R.,and the North line of a tract of land described to Robert L.Klingbeil,as recorded in Volume 5250,Page 3809,C.C.D.R.,a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision,as recorded in Volume 5588,Page 3164,Collin County Plat Records,and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East,leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision,and the South line of a tract of land described to Steven Combest,as recorded in Volume 3743,Page 219,C.C.D.R,marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East,along the south lines of said Combest tract,a tract of land described to Jesse Candenas,as recorded in Volume 4871, Page 1327,C.C.D.R,a tract of land described to Martha Sheppard,as recorded in Plat Book 84,Page 338,C.C.D.R.,a tract of land described to Terry and Casaundra Carlisle, as recorded in Volume 3011,Page 202,C.C.D.R.,a tract of land described to James Heintz,as recorded in Volume 5400,Page 2520,C.C.D.R.,a tract of land described to Billy D.Duncan,a tract of land described to James&Donna Trevino,as recorded in Volume 4501,Page 1617,C.C.D.R.,a tract of land described to Sandra Benton,as recorded in Volume 4761,Page 1510,C.C.D.R.,a tract of land described to Close Family Living Trust,as recorded in Volume 5249,Page 5919,C.C.D.R., a tract of land described to Sam Terry,a tract of land described to David&Julie Black,as recorded in 94-0063489,C.C.D.R.,and a tract of land described to Merle&Sheri Little,as recorded in 93-0080940,C.C.D.R.,a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree,being the Northwest corner of a tract of land described to Brent& Beverly Bates,as recorded in 96-0018275,C.C.D.R,for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East,along the west line of said Bates tract,a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped"TRI- TECH"being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East,along the south line of Said Bates tract,a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH"being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M.544,marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East,along the West right-of-way line of said F.M.544,a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East,conning along the West right- of-way line of said FM 544,a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pulliam tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West,leaving said right-of-way and along the North line of said Pulliam tract,a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pulliam tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West,along the West line of said Pulliam tract,a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. I Exhibit"B" Request change in Exhibit"B"of Ordinance No. 2005-24,Zoning Case 2005-13, IV.Specific Regulations: 3.Alleys shall not be required as part of this Planned Development. However,no garages shall face the street in front of each Single family Lot.This can be accomplished either through swing driveways or alleys.However,when three car garages are constructed on a lot and a "2&1" configuration is used,the single car door may face the street. Garages may face the street on a corner lot side yard. Requested addition of the following under IV. Specific Regulations:, 3. However,when four or five car garages are constructed on a lot there may be no more than 2 garage doors facing the street in either a "3&2"configuration or a "2&2" configuration.A"3&1"configuration shall also be acceptable in the construction of a four car garage.All garage doors that face the street shall contain an architectural upgraded door with decorative door hardware. Exhibit"C" Explanation:This request was brought to us by our builders with multiple buyers requesting four and five car garages.With the increased restrictions to allowable outside storage of trailers, boats, recreational vehicles,etc...there is an increased need for storage. Future residences are requesting this storage onsite and requesting additional garage space to be added to the house.There are currently 4 homes purchased in this development and all four have requested the 4 car garage option. See attached pictures for architectural detail and examples of actual finished product. u pi iuum i ,v4;r„ ;x,p •„ 6r+!"„ „ y M � d' � \sZ ',iF" a 44 {„ii `„� . um I "W'^ i :.Y.,4 M vd ; i S ,,Illu x , '� '.. ^ ,n n m, t rmt e.ir , 'nm `,. w, 1Nx"` aza "'" ,�dm.,, baaaN 4 `4:44{ e firn ii :" •,'r V, N *„.,^„*," , v= t 44 ' ' " '2trty r"fi i,4*„. , n, N,.*. mu., '," v; ^ N 4. • • ^"rpAP' 'i rmv ' "W „ A• a i 'i9FA ' .,",m" ; ' " J '' } �„" vo h „'tFY„ , • .' 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Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 9 Blk A Lot 8 R-10626-00A-0080-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 10 Blk A Lot 9 R-10626-00A-0090-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 11 Blk A Lot 10 R-10626-00A-0100-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 12 Blk A Lot I 1 R-10626-00A-0110-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 13 Blk A Lot 12 R 10626-00A-0120-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 14 Blk A Lot 13 R-10626-0OA 0130-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 15 Blk A Lot 14 R-10626-00A-0140-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 16 Blk A Lot 15 R 10626-O0A-0150-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 17 Blk A Lot 16 R-10626-0OA 0160-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 18 Blk A Lot 17 R 10626-00A-0170-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 19 Blk A Lot 18 R-10626-0OA-0180-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 20 Blk A Lot 19 R 10626-0OA-0190-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 21 Blk A Lot 20 R 10626-00A-0200-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 22 Blk A Lot 21 R-10626-OOA-0210-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 23 Blk A Lot 22 R 10626-00A-0220-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 24 Blk A Lot 23 R-10626-00A-0230-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 25 Blk A Lot 24 R-10626-OOA-0240-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 26 Blk A Lot 25 R-10626-00A-0250-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 27 Blk A Lot 26 R-10626-0OA-0260-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 28 Blk A Lot 27 R 10626-00A-0270-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 29 Blk B Lot 1 R 10626-0OB-0010-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 30 Blk B Lot 2 R-10626-00B-0020-1 Alanis Crossing Ltd Dallas,Texas 75225_ Alanis Crossing 8214 Westchester Drive#710 31 Blk B Lot 3 R-10626-00B-0030-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 32 Blk B Lot 4 R-10626-0OB-0040-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 33 Blk B Lot 5 R-10626-00B-0050-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 34 Blk B Lot 6 R-10626-00B-0060-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 35 Blk B Lot 7 R-10626-0OB-0070-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 36 Blk B Lot 8 R 10626-00B-0080-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 37 Blk B Lot 9 R-10626-0OB-0090-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 38 Blk B Lot 10 R 10626-00B-0100-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 39 Blk B Lot 11 R 10626-0OB-0110-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 40 Blk B Lot 12 R 10626-00B-0120-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 41 Blk C Lot 1 R 10626-00C-0010-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 42 Blk C Lot 2 R 10626-00C-0020-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 5512 W.Plano Parkway#300 43 Blk C Lot 3 R 10626-OOC-0030-1 Megatel Homes II LLC Plano,Texas 75093 Alanis Crossing 8214 Westchester Drive#710 44 Blk C Lot 4 R 10626-00C-0040-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 5512 W.Plano Parkway#300 45 Blk C Lot 5 R 10626-00C-0050-1 Megatel Homes II LLC Plano,Texas 75093 Alanis Crossing 8214 Westchester Drive#710 46 Blk C Lot 6 R-10626-0OC-0060-1 Windsor Homes Cumberland LLC Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 47 Blk C Lot 7 R-10626-00C-0070-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 48 Blk C Lot 8 R-10626-OOC-0080-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 49 Blk C Lot 9 R 10626-0OC-0090-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 50 Bik C Lot 10 R 10626-OOC-0100-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 51 Blk C Lot 11 R-10626-0OC-0110-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 52 Blk C Lot 12 R 10626-00C-0120-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 53 Blk C Lot 13 R 10626-OOC-0130-1 Windsor Homes Cumberland LLC Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 54 Blk C Lot 14 R 10626-00C-0140-1 Alanis Crossing Ltd Dallas,Texas 75225 Alanis Crossing 8214 Westchester Drive#710 55 Blk C Lot 15 R 10626-0OC-0150-1 Alanis Crossing Ltd Dallas,Texas 75225 8214 Westchester Drive#710 56 Abst 23 Tract 47 R-6023-000-0470-1 Alanis Crossing Ltd Dallas,Texas 75225 Twin Lakes#5 PO Box 6977 57 Blk P Lot 24 R 8401-00P-0240-1 Stephen Jordan San Diego,CA 92166 Twin Lakes#5 911 Santiago Trail 58 Blk Q Lot 1 R 8401-00Q-0010-1 Windfall Assets Wylie,Texas 75098 Twin Lakes#5 1103 Twin Lakes Drive 59 Bik Q Lot 2 R-8401-00Q-0020-1 Gail Richards Wylie,Texas 75098 Twin Lakes#5 1105 Twin Lakes Drive 60 Blk Q Lot 3 . R-8401-0OQ-0030-1 Luis OBando Wylie,Texas 75098 Twin Lakes#5 1107 Twin Lakes Drive 61 Blk Q Lot 4 R 8401-00Q-0040-1 Myron Branford Wylie,Texas 75098 Twin Lakes#5 1109 Twin Lakes Drive 62 Blk Q Lot 5 R-8401-00Q-0050-1 James Vance Wylie,Texas 75098 Twin Lakes#5 1111 Twin Lakes Drive 63 Blk Q Lot 6 R 8401-00Q-0060-1 Truong VuDac Wylie,Texas 75098 Twin Lakes#5 1113 Twin Lakes Drive 64 Blk Q Lot 7 R 8401-00Q-0070-1 Tien Tran Wylie,Texas 75098 Twin Lakes#5 1115 Twin Lakes Drive 65 Blk Q Lot 8 R-8401-00Q-0080-1 Samuel Garza Wylie,Texas 75098 Twin Lakes#5 6150 Alma Road#1321 66 Blk Q _ Lot 9 , R 8401-0OQ-0090-1 Eran Bek McKinney,Texas 75070 Twin Lakes#5 1119 Twin Lakes Drive 67 Blk Q Lot 10 R-8401-00Q-0100-1 Jason Dawkins Wylie,Texas 75098 Twin Lakes#5 1121 Twin Lakes Drive 68 Blk Q Lot 11 R 8401-00Q-0110-1 Phillip Sales Wylie,Texas 75098 Twin Lakes#5 1123 Twin Lakes Drive 69 Blk Q Lot 12 R 8401-0OQ-0120-1 Melanie Padron Wylie,Texas 75098 Twin Lakes#5 1125 Twin Lakes Drive 70 Blk Q Lot 13 R 8401-0OQ-0130-1 Normalea Roberts Wylie,Texas 75098 Twin Lakes#5 1127 Twin Lakes Drive 71 Blk Q Lot 14 R-8401-0OQ-0140-1 Donald Takak Wylie,Texas 75098 Twin Lakes#5 1129 Twin Lakes Drive 72 Blk Q Lot 15 R 8401-00Q-0150-1 _ David Parker Wylie,Texas 75098 Twin Lakes#5 1131 Twin Lakes Drive 73 Blk Q Lot 16 R 8401-0OQ-0160-1 Edgar Brown Wylie,Texas 75098 Twin Lakes#5 1130 Twin Lakes Drive X 74 Blk Q Lot 17 R 8401-0OQ-0170-1 Frank Alvarez Wylie,Texas 75098 Twin Lakes#5 1128 Twin Lakes Drive 75 Blk Q Lot 18 R-8401-0OQ-0180-1 Kaleigh Ewing Wylie,Texas 75098 Twin Lakes#5 1126 Twin Lakes Drive 76 Blk Q Lot 19 R-8401-0OQ-0190-1 Ben Janson Wylie,Texas 75098 Twin Lakes#5 1124 Twin Lakes Drive 77 Blk Q Lot 20 R 8401-0OQ-0200-1 Carl Petrey Wylie,Texas 75098 Twin Lakes#5 617 Harvest Hill Drive 78 Blk Q Lot 21 R 8401-0OQ-0210-1 Niral Gandhi Murphy,Texas 75094 Twin Lakes#5 1120 Twin Lakes Drive 0 79 Blk Q Lot 22 R-8401-0OQ-0220-1 Marsha Stacy Wylie,Texas 75098 Twin Lakes#5 1118 Twin Lakes Drive 80 Blk Q Lot 23 R 8401-OOQ-0230-1 Kusumben Patel Wylie,Texas 75098 Twin Lakes#5 PO Box 1184 81 Blk Q Lot 24 R 8401-00Q-0240-1 Juanita Rowland Wylie,Texas 75098 Twin Lakes#5 1114 Twin Lakes Drive 812 Blk Q Lot 25 . R 8401-00Q-0250-1 Sharon Cannon Wylie,Texas 75098 Twin Lakes#5 1112 Twin Lakes Drive 83 Blk Q Lot 26 R-8401-00Q-0260-1 George Williams Wylie,Texas 75098 Braddock Place 3 8214 Westchester Drive#710 84 Blk A Lot 1 R-10607-O0A-0010-1 BPE Phase III Ltd Dallas,Texas 75225 Braddock Place 3 8214 Westchester Drive#710 85 Blk A Lot 2 R-10607-00A-0020-1 BPE Phase 111 Ltd Dallas,Texas 75225 Braddock Place 3 8214 Westchester Drive#710 86 Blk A Lot 3 R 10607-0OA-0030-1 BPE Phase III Ltd Dallas,Texas 75225 Braddock Place 3 8214 Westchester Drive#710 87 Blk A Lot 4 R 10607-0OA-0040-1 BPE Phase III Ltd Dallas,Texas 75225 Braddock Place 3 5512 W.Plano Parkway#300 88 Blk B Lot 22 R 10607-OOB-0220-1 Megatel Homes II LLC Plano,Texas 75093 Braddock Place 3 8214 Westchester Drive#710 89 Blk B Lot 23 R-10607-OOB-0230-1 BPE Phase III Ltd Dallas,Texas 75225 Braddock Place 3 8214 Westchester Drive#710 90 Blk B Lot 24 R-10607-00B-0240-1 BPE Phase III Ltd Dallas,Texas 75225 Braddock Place 3 8214 Westchester Drive#710 91 Blk B Lot 25 R 10607-00B-0250-1 BPE Phase III Ltd Dallas,Texas 75225 92 93 94 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 County Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case H2014-11, I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-I Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,December 2,2014,600 pm Municipal Complex,300 County Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 9,2014,6:00 pm Municipal Complex,300 County Club Road,Building 100,Wylie,Texas Name: rti ilk- A L r (please print) Address: 1 1_3 C Lm1I \ Lia e 3 •0 Fr e_ Tj \ 2 c)22C9b Signature: i>13z — Cc% Date: I/9/2(41 Li COMMENTS: Aelt, stO r - /pc •-e 4 / / Tireir/- / breity 6/7 d in -frAcc ate eekeetc e -- it; 13 cc .oJ tkO. y 0f lc e 0 r el-Q. /0/0/-4 r eeee C-14 c tk." ino • 70,a cR g hUS PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 112014-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 12014-11. Date.Location&Time of Planning&Zoning Commission meeting: Tuesday,December 2,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date.Location&Time of City Council meeting: Tuesday,December 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas 1IJ4- fe- a-r7cName. V (please print) �- Address: 11 a a 7fi1i Illbl 77ri L4r , 7 —7 O 9 $ Signature: 01 Date: li `( /44 COMMENTS: A fr ` Wylie City Council AGENDA REPORT Meeting Date: December 9,2014 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 3, 2014 Budgeted Amount: Exhibits: 7 Subject Hold a Public Hearing and consider, and act upon, amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located south of Elm Drive and west of FM 544. ZC 2014-12 Recommendation Motion to approve, amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow no more than 2 garage doors to face the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located south of Elm Drive and west of FM 544. ZC 2014-12 Discussion The subject tract was part of a Planned Development adopted July 26, 2005 in order to develop a master planned residential community. The Final Plat for Phase IV was approved in 2013 and created 77 single-family residential lots. The intent of the amendment is to modify the regulations of garage doors facing a public street. The current PD Conditions allow for only the single door of a 2:1 configuration to face a public street. The applicant is requesting that lots less than 12,000 s.f., are allowed to have front facing garage doors, and must be an architectural upgraded door and contain decorative door hardware. The applicant states that builders have stated that the requirement of side swing garages decreases the amount of residential product that can be utilized. The amendment will allow more architectural variety within this phase of Braddock. No other changes are affected by this request. Notification/Responses: Thirty-Two (32) notifications were mailed; with two responses returned opposing the request and no responses favoring the request at the time of posting. Planning& Zoning Commission Discussion The Commission discussed the types of doors to be required and voted to allow the amendment, but require that all doors on the 2:2 or 3:2 configuration must be architectural upgraded doors with decorative hardware. The Planning and Zoning Commission voted 5-0 to recommend approval. (Rev 01/2014) Page 1 of 1 Continuation of Schedule A GF No.PL13-14119 EXHIBIT"A" BEING,a tract of land situated in Nathaniel Atterberry Survey,Abstract No. 1099 and the E.M.Price Survey,Abstract No. 725,in the City of Wylie,being part of a 185.1449 acre tract,as described in Clerks File No.20060119000079810 in the Deed Records of Collin County,Texas,being more particularly described as follows: BEGINNING at a'A inch iron rod found at the most easterly southeast corner of Braddock Place Phase I,an addition to the City of Wylie,as described in Doc.No.2004-596,in the Plat Records of Collin County,Texas,being in the west line of F.M. 544(90'R.O.W.),same being in the east line of said 185.1449 acre tract; THENCE,South 00°52'55"East,along the east line of said 185.1449 acre tract and the west line of said F.M.544,for a distance of 808.36,to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,South 89°07'05"West,departing said lines,for a distance of 255.04 feet,to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; • THENCE,South 00°52'SS"East,for a distance of 16.03 feet,to a%A inch iron rod set with a yellow cap stamped"Corwin Eng. Inc."; THENCE,South 89°07'O5"West,for a distance of 217.24 feet,to a%A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.,at the point of curvature of a curve to the left,having a radius of 515.00 feet,a central angle of 14°32'00",and a tangent of 65.67 feet, THENCE,along said curve to the left for an arc distance of 130.63 feet(Chord Bearing South 81°51'05"West-130.28 feet), to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",being on a curve to the right,having a radius of 225.00 feet,a central angle of 13°46'43",and a tangent of 27.19 feet; • THENCE,along said curve to the right for an arc distance of 54.11 feet(Chord Bearing South 07°46'16"East-53.98 feet),to a%A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."at the point of tangency; THENCE,South 00°52'SS"East,for a distance of 4.29 feet,to a%A inch iron rod set with a yellow cap stamped"Corwin Eng. Inc.",at the point of curvature of a curve to the right,having a radius of 215.00 feet,a central angle of 18°34'55",and a tangent of 35.17 feet; THENCE,along said curve to the right for an arc distance of 69.73 feet(Chord Bearing South 08°24'32"West-69.42 feet),to a'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",on a curve to the right,having a radius of 1815.00 feet,a central angle of 13°40'43",and a tangent of 217.69 feet; THENCE,along said curve to the right for an arc distance of 433.31 feet(Chord Bearing South 79°21'38'West-432.28 feet), to a/z inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",at the point of reverse curvature of a curve to the left, having a radius of 105.00 feet,a central angle of 43°38'53"and a tangent of 42.05 feet; • THENCE,along said curve to the left for an arc distance of 79.99 feet(Chord Bearing South 64°22'33"West-78.07 feet),to a 'A inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,South 47°26'53"East,for a distance of 3.17 feet,to a'/A inch iron rod set with a yellow cap stamped"Corwin Eng. Inc."; THENCE,South 42°33'07"West,for a distance of 170.00 feet,to a'/:inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,North 47°26'53"West,for a distance of 468.00 feet,to a'A inch iron rod set with a yellow cap stamped"Corwin FORM T-7: Commitment for Title Insurance Page 2 • Continuation of Schedule A GF No.PL13-14119 Eng.Inc."; THENCE,South 42°33'07"West,for a distance of 240.00 feet,to a%2 inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,North 47°26'53"West,for a distance of 48.18 feet,to a%2 inch iron rod set with a yellow cap stamped"Corwin Eng.Inc."; THENCE,South 42°33'07"West,for a distance of 179.80 feet,to a'/2 inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",being a point in the west line of said 185.1449 acre tract; THENCE,North 47°41'51"West,along the west line of said 185.1449 acre tract,for a distance of 49.77 feet,to a%2 inch iron rod found; THENCE,North 47°43'58"West,continuing along said west line,for a distance of 50.23 feet,to a V2 inch iron rod found at the most southerly southwest corner of Braddock Place Phase II,an addition to the City of Wylie,as described Document No. 2013-341 in said Plat Records; THENCE,North 42°33'07"East,departing said west line and along the south line of said Braddock Place Phase II,for a distance of 180.27 feet,to a'/2 inch iron rod found; THENCE North 47°26'53"West,continuing along said south line,for a distance of 21.82 feet,to a%2 inch iron rod found; THENCE,North 42°33'07"East,continuing along said south line,for a distance of 460.00 feet,to a'/2 inch iron rod found; THENCE,North 32°46'02"East,continuing along said south line,for a distance of 101.48 feet,to a'/2 inch iron rod found at the most southerly southeast corner of said Braddock Phase II also being the most southerly southwest corner of said Braddock Place Phase I; THENCE,North 42°33'07"East,along the south line of said Braddock Place Phase I,for a distance of 88.15 feet,to a%2 inch iron found; THENCE,South 89°38'47"East,continuing along said south line,for a distance of 261.87 feet,to a'/2 inch iron rod found at the point of curvature of a curve to the left,having a radius of 1230.00 feet,a central angle of 29°59'49",and a tangent of 329.54 feet; THENCE,continuing along said south line and with said curve to the left for an arc distance of 643.96 feet(Chord Bearing North 75°21'19"East-636.63 feet),to a%2 inch iron rod found; THENCE,North 67°30'12"East,continuing along said south line,for a distance of 239.66 feet,to a%2 inch iron found; THENCE,North 00°52'55"East,continuing along said south line,for a distance of 218.93 feet,to a%2 inch iron rod found on a curve to the right,having a radius of 345.00 feet,a central angle of 06°52'45",and a tangent of 20.74 feet; THENCE,continuing along said south line and with said curve to the right for an arc distance of 41.42 feet(Chord Bearing North 86°20'04"East-41.40 feet),to a'/inch iron rod found at the point of tangency; THENCE,North 89°46'26"East,continuing along said south line,for a distance of 268.67 feet,to the POINT OF BEGINNING and containing 24.144 acres of land. • FORM T 7: Commitment for Title Insurance Page 3 Exhibit"B" Request change in Exhibit"B"of Ordinance No. 2005-24,Zoning Case 2005-13, IV.Specific Regulations: 3.Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single family Lot.This can be accomplished either through swing driveways or alleys. However,when three car garages are constructed on a lot and a "2&1"configuration is used,the single car door may face the street. Garages may face the street on a corner lot side yard. Requested addition of the following under IV.Specific Regulations:,3. However,when the lot size is less than 12,000 square feet,front facing garage doors shall be allowed. Front facing garage doors must be an architectural upgraded door and contain decorative door hardware. Exhibit"C" Explanation:This request comes on behalf of our builders that are currently contracted for the lots within the development.With the lot sizes in Braddock Place Estates Phase IV,the requirement of side swing garages decreases the amount of residential product that can be utilized within this phase.This amendment will enable more architectural variety within this phase of Braddock Place Estates. The request also comes from an aesthetic point of side swing garages on smaller lot sizes.With a side swing garage on a lot with smaller front footage there is limited space in the front for driveway and house.The impervious coverage of the front yard increases significantly while trying to incorporate a front swing drive.The allowance of a front entry garage decreases the amount of driveway space needed and allows for more open space in the front yard of the home. See attached pictures for architectural detail and examples of actual finished product. 0- \_.._. 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OWNER NOTIFICATION MAP ZONING CASE #2014- 12 NOTIFICATION REPORT APPLICANT: Ryan Joyce with The Skorburg Company APPLICATION FILE #2014-12 8214 Westchester Drive#710 Dallas,Texas 75225 In BLK/ABST LOTITRACT TAX I.D.# PROPERTY OWNER NAME ADDRESS 1 Applicant- Ryan Joyce 8214 Westchester Drive#710 1 The Skorburg Company Dallas,Texas 75225 Braddock Place 1 1201 Shadow Hills Drive 2 Blk D Lot 1 R-9481-00D-0010-1 Christopher Hunt Wylie,Texas 75098 Braddock Place 1 1203 Shadow Hills Drive 3 Blk D Lot 2 R-9481-00D-0020-1 Freddie Lopez Wylie,Texas 75098 Braddock Place 1 1205 Shadow Hills Drive 4 Blk D Lot 3 R-9481-00D-0030-1 Sarah Stigall Wylie,Texas 75098 Braddock Place 1 1200 Shadow Hills Drive 5 Blk E Lot 1 R-9481-00E-0010-1 Rogelio Oiojas Wylie,Texas 75098 Braddock Place 1 1202 Shadow Hills Drive 6 Blk E Lot 2 R-9481-00E-0020-1 Donald Korenek Wylie,Texas 75098 Braddock Place 1 1204 Shadow Hills Drive 7 Blk E Lot 3 R 9481-00E-0030-1 Jose Llano Wylie,Texas 75098 Braddock Place 1 1206 Shadow Hills Drive 8 Blk E Lot 4 R 9481-00E-0040-1 Larry Rogers Wylie,Texas 75098 Braddock Place 1 1208 Shadow Hills Drive 9 Blk E Lot 5 R 9481-00E-0050-1 Larry Anderson Wylie,Texas 75098 Braddock Place 1 1210 Shadow Hills Drive 10 Blk E Lot 6 R 9481-00E-0060-1 Jonathan Lott Wylie,Texas 75098 Braddock Place 1 11 Blk E Lot 7 R 9481-00E-0070-1 No Information Braddock Place 1 1302 Shadow Hills Drive 12 Blk E Lot 8 R-9481-00E-0080-1 Mark Urish Wylie,Texas 75098 Braddock Place 1 1304 Shadow Hills Drive )( 13 Blk E Lot 9 R-9481-OOE-0090-1 Dion Nickel Wylie,Texas 75098 Braddock Place 1 1306 Shadow Hills Drive 14 Blk E Lot 10 R-9481-00E-0100-1 Daniel Gonzales Wylie,Texas 75098 Braddock Place 1 1308 Shadow Hills Drive 15 Blk E Lot 11 R-9481-00E-0110-1 Jonathan Snider Wylie,Texas 75098 Braddock Place 1 1310 Shadow Hills Drive y 16 Blk E Lot 12 R 9481-00E-0120-1 Donald McKay,Jr. Wylie,Texas 75098 Braddock Place 1 1312 Shadow Hills Drive 17 Blk E Lot 13 R 9481-00E-0130-1 Thomas Mathew] Wylie,Texas 75098 Braddock Place 1 5512 W.Plano Pkwy#300 18 Blk E Lot 14 R-9481-00E-0140-1 Megatel Homes,Inc. Plano,Texas 75093 Braddock Place 1 8214 Westchester Drive#710 19 Blk E Lot 15 R 9481-00E-0150-1 BPE Phase II Ltd Dallas,Texas 75225 Braddock Place 1 5512 W.Plano Pkwy#300 20 Blk E Lot 16 R-9481-00E-0160-1 Megatel Homes,Inc. Plano,Texas 75093 Braddock Place 1 5512 W.Plano Pkwy#300 21 Blk E Lot 17 R 9481-00E-0170-1 Megatel Homes,Inc. Plano,Texas 75093 Braddock Place 1 5512 W.Plano Pkwy#300 22 Blk E Lot 18 R 9481-00E-0180-1 Megatel Homes,Inc. Plano,Texas 75093 Braddock Place 1 1805 Doves Landing Lane 23 Blk H Lot 3 R 9481-00H-0030-1 John Reed Wylie,Texas 75098 Braddock Place 1 1807 Doves Landing Lane 24 Blk H Lot 4 R-9481-00H 0040-1 Michael McCafferty Wylie,Texas 75098 Braddock Place 1 1809 Doves Landing Lane 25 Blk H Lot S R-9481-00H-0050-1 Bradley Hehns Wylie,Texas 75098 Braddock Place 2 5512 W.Plano Pkwy#300 26 Blk B Lot 11 R-10423-00B-0110-1 Megatel Homes,Inc. Plano,Texas 75093 Braddock Place 2 8214 Westchester Drive#710 27 Blk B Lot 12 R-10423-00B-0120-1 BPE Phase II Ltd Dallas,Texas 75225 Braddock Place 2 8214 Westchester Drive#710 28 Blk B Lot 13 R-10423-00B-0130-1 BPE Phase II Ltd Dallas,Texas 75225 8214 Westchester Drive#710 29 Abst 725 Tract 8 R-6725-000-0080-1 Braddock Place Holdings Ltd Dallas,Texas 75225 8214 Westchester Drive#710 30 Abst 725 Tract 10 R-6725-000-0100-1 Braddock Place Holdings Ltd Dallas,Texas 75225 8214 Westchester Drive#710 31 Abst 1099 Tract 13 R-7099-000-0130-1 Braddock Place Holdings Ltd Dallas,Texas 75225 8214 Westchester Drive#710 32 Abst 1099 Tract 19 R-7099-000-0190-1 Braddock Place Holdings Ltd Dallas,Texas 75225 33 34 35 36 37 38 39 40 • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 3.00 Country Club Road Building 100 Wylie,Texas 75098 l am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014-I?.. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-12. Date, Location& Time of Planning&Zoning Commission meeting: Tuesday, December 2,2.014,6:00 pm Municipal Complex,300 Country Club Road, Building 100, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday,December 9,2014,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Name:. W:Cke (please int) Address: kb 09 3h, Signature: Date: COMMENTS: De a t a PISS „�� ,, - ��� $7boad 1' r r ie>'Yzl`3 aii'*I fa5� v ' t }r i 'y q,,5�s% }} 14,Srt \ .? 1 1t \ i .. 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(a 4Y . _x 1 , e,a & s<0 43.21}„�t. 4h , sw , ,aki` �` , \� }3, �s "' : di, 3,0 {3 r54 , ;s.} y��1 a�2,.� V� ? aS„Y^n�J,a 4r k „SrN" a;ahk.ni7z,,,,,�„,* �t4 ,o k,tkr �� �� , rl� S i » a �ankaC�l} #4,?.saim x 4u�imitii„1�,;13 „ . + 1 ` Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 3, 2014 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, a Replat for Hooper Business Park Lot 7R consisting of 1.55 acres, generally located at northwest corner of Steel Road and Security Court. Recommendation Motion to approve, a Replat for Hooper Business Park Lot 7R consisting of 1.55 acres, generally located at northwest corner of Steel Road and Security Court. Discussion OWNER: John Von Runnen—Wylie Elite ENGINEER: Monk Consulting Eng.,Inc The property totals 1.55 acres and will create one light industrial lot for a commercial business. It combines lots 6 and 7, with a portion of lot 5A from the Hooper Business Park Addition. A site plan for Wylie Elite Gym (Cheer Gym) was approved for the subject tract by the Planning Commission on November 18th Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval. (Rev 01/2014) Page 1 of I JOWNER'S CERTIFICATE • STATE OF TEXAS - COUNTY OF COLLIN _ BaEINpGGna part of Lot 5-R Block A, of AMENDED PLAT HOOPER BUSINESSp PARK 2ND�RoEIVISION, an 21 olf the to Records of Coillil'in1lCounty,Texas Texas, benp according to Lot Block A fHOOPEER BUSINESS PAARK, SURVEYOR'S CERTIFICATE an Addition to the City of Wylie Texas, according to the Plat thereof recorded in Volume H, Page 52 of the NOW, THEREFORE KNOW ALL MEN BY THESE PRESENT: Plat Records of Collin County,Texas, and being more particularly described as follows: BEGINNING at a 1/2"iron rod found for corner in the east right-of-way line of Security Court, said point THAT I, Harold D. Fetty, Ill, do hereby certify that I prepared this plat from an REMAINDER OF LOT 5R being at the northeast corner of Lot 8 and the southwest corner of Lot 7, Block A; actual and accurate survey of the land, and that the corner monuments shown • THENCE N. 00 deg. 01 min. 14 sec.W. along said right-of-way line, a distance of 394.46 feet to a 1/2" thereon were properly placed under my personal supervision in accordance with iron rod found for corner; the Subdivision Ordinance of the City Planning Commission of the City of Wylie, Texas. THENCE N. 89 deg. 36 min. 58 sec. E. a distance of 169,30 feet to a 1/2"iron rod found for corner in the east boundary line of Lot 5-R; THENCE S.00 deg. 20 min. 08 sec. E. along the east line of Lot 5-R at 206,83 feet pass the southeast corner of Lot 5-R and northeast corner of Lot 7, and continuing for a fotai distance of 395.54 feet to a 1/2" Registered Professional Land Surveyor No. 5034 -PZ E, °F TF+ iron rod found for corner at the southeast corner of Lot 7 and northeast corner of Lot 8; 9 Y • ' •`•' OASTg '• 9 - THENCE S.89 deg 58 min.46 sec.W. along the common line between Lot 7 and Lot 8,a distance ofSTAR, • s 171.47 feet to the POINT OF BEGINNING and containing 67,301 square feet or 1.55 acres of land, , HAROLD D_BEmI Lore IRE N 89 36'58"E 169.30' RE .. A 50 4 iy• • , '-- • • • • • 1 STATE OF TEXAS• 5034 P. , NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN <it•••••;*kit . 0 That, CLARK FAMILY, LP, acting herein by and through its dulyauthorized officer DONALD L. CLARK Before me, the undersigned authority, on this day personally appeared HAROLD D. - - - • oFETTY, Ill, known to me to be the person whose name is subscribed to the O does hereby adopt this plat designating the hereinabove descried property as RohPLAT of HOOPER forgoing instrument, and acknowledged to me that he executed the same for the • o BUSINESS PARK 3RD REVISION, an Addition to the City of Wylie, Texas and do hereby dedicate 9 9 t o in fee simple, to the public use forever, the streets rdicat-of-way, and other public improvements purpose and consideration therein stated. shown hereon. The streets and alleys, if any, are dedicated for street the s. The easements and Bpublic use areas, as shown, are dedicated fr the public use forever, forP the bepuporses indicated on this plat. No buildings, fences, trees shrubs or other improvements or growths shall be constructed or placed ;71 upon, over or across the easements as shown, except that landscape improvements maybe placed in Given upon my hand and seal of office this day of • N ( landscape easements if approved by the City Council of the City of Wylie. In addition, utility easements may also be used for the mutual use and accommodation ie all public utilities desiring to use or usingthe • ci same unless the easement limits the use to particular utilities, said use by public utilifes being suborinate N to the public's and City of Wylie's use thereof. I u The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts N. of any buildings, fences, trees, shrubs or other improvements or growths which may in any wayendanger or interfere with the construction maintenance or efficiency of their respective systems in said easements. i The City of Wylie and public utilifv entities shall at all times have the full right of ingress and egress to or Notary Public In and for the State of Texas My Commission Expires: • 0from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, • < maintaining reading meters,and adding to or removing all or parts of their respective sysms without the PART OF iu I necessity al any time procuring permission from anyone. I o r se This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, I ` Texas. 0 LOT 7 - R• '• I , a• ti BLOCK A y ( Witness my hand this day of Ni•M W • 67301 S . F . � \ "RECOMMENDED FOR APPROVAL" m 1 . 55 ACRES ;- � j • / /- •� \ LOT I. BLOCK B O ---- • W00DBR/OGE CENTRE LOT 5 v�• N COP 201200821010002080 FOR CLARK FAMILY, LP Chairman, Planning &Zoning Commission OAF Jr I•�• / , i \ DONALD L. CLARK 9 O • 'N \ I "APPROVED FOR CONSTRUCTION" 2 / y.t N .p6• m •W -vY \ i • 6O i I--a / \ \ U Mayor, City oT vvylie, texas Al Jr J • / / , ' STATE OF TEXAS "ACCEPTED" / i "� e / i COUNTY OF COLON • i Ll.l J Before me, the undersigned authority, on this day personally appeared DONALD L. CLARK �- cty �. LOT known to me to be the person whose name is subscribed to the i forgoing instrument, and acknowledged to me that he executed the same for the i !" purpose and consideration therein stated. Mayor, city ot Wylie, 1 exas UA I Jr EsNT. 1 ...Lip:, W PG 7A8 N 668• Given upon my hand and seal of office this day of The undersigned the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing REPLAY of 6OVOt. / I HOOPER BUSINESS PARK 3RD REVISION, an Addition to the City of Wylie, Texas, was submitted to the City Council on the day of an the Council by formal action, then and there accepted the dedication ot streets, alleys parks easements, public places, and water and sewer lines as shown and set forth ' in and upon said plat and said Oouncil further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. • / �/ Witness my hand this day of / QP- I Notary Public in and for the State of Texas My Commission Expires: 6 • �E p pi-Kr / ( City Secretary City of Wylie, Texas • "r" IRE F • S 89' 58'46' 'W 171.47' I/27 IRF 1 1 4-444"- 02 �Z .-7444' i—Z A ADD / _ZU' OW LOT /3 I LOT 8 FINAL PLAT I HOOPER BUSINESS PARK 3RD REVISION N BEINGAREPLATOF PART OF LOT 5 -R , BLOCK A HOOPER BUSINESS PARK 2ND REVISION 1 AND ALL OF LOT 7 , BLOCK A HOOPER BUSINESS PARK • LOT 9 T""°" s AN ADDITION TO THE CITY OF WYLIE AAo - ___ LL ___ 1 . 55 ACRES OR 67 , 301 S . F . w"- lo FrF.RR°ry srRErT I . & G .N . RAILWAY CO. SURVEY ABSTRACT 1061 - 0 40 80 120 L . K . PEGUES SURVEY ABSTRACT 703 ii toft, R CITY OF WYLIE , COLLIN COUNTY , TEXAS &.. THE=. -� GRAPHIC SCALE 1"=40' NOTES 3 P 7 arm ° OCTOBER 24 , 2014 i En 1)According to F.E.M.A. Flood insurance Rate Map.Community Panel No.48085C0415 J dated e June 2 2009, this property lies in Zone X. This property does not appear to lie within a 100-year P`,. SYMBOL LEGEND plain .l ._ - — mxp 2)BEARING SOURCE RECORDED PLAT VOL H, PG 52 P R C C T J © AS TEL ER EP OVV1N E R S : ! _ up"Y�ril CABLE RSER zap LASER HYDRANT TPOLE 3)ALL 1/2' IRS ARE CAPPED WITH YELLOW PLASTIC CAPS 'RPLS 5034" L® SITE 4 W _ CLARK FAMILY . L P R THISADDITIONAND BOUNDS VIOLATION CITY E e c ruo..,=c Lo i02- Iar 1 O 3 SECURITY COURT 4)ORDINNANCEAAND STATEO LA NDI BJECTTTEO FINES AND WITHHOLDING OF UTILITIESO 8 7o N ELECTRIC scx w ER 'aoi"m°m�iN° VW L I E TX 7 5 0 9 8 AND BUILDING PERMITS. METER SUBSURFACE k5 a 9 7 2 - 4 4 2 - 7 4 9 9 JUNCTION BOX xAc COND. c A)SINGPE PLURPOSE SE OF THIS PLAT IS TO CONSOLIDATE LOT 7 WITH REMAINDER OF LOT 5-R INTO �--,. N OFT PROPANE SURVEY DATE OCTOBER 24, 20I4 VICINITY MAP GRARr LINESo FENCE LIGHT a nE,NSEY 1 ) TOTE TANK SCALE -_Qo_.FILE F70 140397-RP 6 NO LOT TO LOT DRAINAGE IS PERMITTED. NOT TO SCALE - — H.D. FETTY LAND SURVEYOR, LLC CLIENT vnUL,,,rcUNZE I I I ( 6770 FM 1565 ROYSE CITY, TX 75189 972-635-2255 PHONE tracy@hdfetty.com trtoieeWylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: 4 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 3, 2014 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, a Replat for Schupbach Estates, Lots 1-2 consisting of 0.633 acres establishing two single family residential lots, generally located southeast of W. Brown Street and Carriage House Way. Recommendation Motion to approve, a Replat for Schupbach Estates, Lots 1-2 consisting of 0.633 acres establishing two single family residential lots, generally located southeast of W. Brown Street and Carriage House Way. Discussion Owner: Bradley Schupbach Applicant: Reyes Surveying Originally developed in the early 1950s in association with a single family homestead, this property was a portion of a larger tract recently rezoned (ZC2012-03) and subsequently platted in April 2012. The plat (Mockingbird Hill) established three independent lots from the original tracts. The primary Lot 1 is where the single family home is located, Lot 2 is currently vacant, and Lot 3 the subject of this replat has storage sheds and a red barn. This purpose for this replat is to combine a portion of Lot 3 into neighboring& abutting Lot 1R of Westgate creating a larger lot with the remnant creating Lot 2 thereof. In summation, the applicant proposes to create a larger existing single family residential lot by combining a portion of Mockingbird Hill Lot 3 into their lot and the remainder itself thereby creating and independent single family residential lot to SF-10/24 standards consistent with the Zoning Ordinance. Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval. (Rev 01/2014) Page 1 of I LOCATION MAP OWNERS CERTIFICATE (N.T.S.) STATE OF TEXAS COUNTY OF COLLIN PROJECT SITE WHEREAS EDWARD KENT DOWDEN AND WIFE, MARINELL DORTCH DOWDEN, are the l 1 Q sole owner of Lot 3 Block 17 of Mockingbird Hill, an addition to the City of Wylie according to the L -- ---- WYLIE I.S.D. plat thereof recorded in Volume 2012, Page 216 of the Map Records of Collin County, Texas, and Bradley Wade Schupbach and wife Christina Michelle Schupbach are the sole owners of "�,VOL. 930 PAGE 145 Lot 1R of Westgate Addition, and addition to the City of Wylie according to the plat thereof f ® '� Er: recorded in Volume G, Page 157, Map Records of Collin County, Texas and being more L LEM THAVGCH.,y,D WILLIAMS SURVEY p v 11� lire-1/leigiLatill:i grtieulacl ydescrlbed as follows: 9 Y ( 9 Y ) 9 o e„zIR , N ..ABSTRACT NO. 1021 Commencing at a 1/2 inch iron rod found in the south line of West Brown Street (FM 3412) (90' u. _ ri ht-of-wa width with the west line of Carria e House Wa a 50'ri ht-of-wa width and bein -glWyse: s. the northwesterly end of a corner clip. pp, t FliUP Thence South 44 degrees 38 minutes 45 seconds East, along said corner clip, a distance of + 27.15 feet to a found 1/2 inch iron rod at the southeasterly end of said corner clip and in the En. / § VWLL \\ west right of wayof Carriage House Way; a `r 9 9WYLIE HIGH sciicxl £ ;a, L. )lt , 'ay Thence South 00 degrees 52 minutes 53 seconds West, alongthe west line of said Carriage w3.+£ „f g 9 . WEST BROWN STREET(F.M. ROAD 3412) House Way, adistance of 152.47 feet to a found 1/2 iron rod being the northeast corner of Lot of said Mockingbird Hill Addition for the the Point of Beginning and being the northeast corner of — ; _ ° .___. __.. __. .__.. ._______ ____- the herein described tractr ° rt f---_______ (99 ROW) Thence South 00 degrees 52 minutes 53 seconds West, continuing along the west line of said N Carriage House Way, a distance of 84.85 feet to a found 1/2 iron rod being the 1 L----- in the north line of a 15 alley for the southeast corner of the herein described tract; _. _. --- Thence South 88 degrees 42 minutes 10 seconds West, along the north line of said 15' alley a NOW, THEREFORE, KNOW MEN BY THESE PRESENTS: distance of 130.64 feet to a set 1/2 inch iron rod for the beginning of a curve to the left; THAT BRADLEY WADE SCHUPBACH AND WIFE CHRISTINA MICHELLE Thence along the north line of said alley and said curve to the left having a radius of 107.50 feet, SCHUPBACH do hereby adopt this plat as designating herein described property as - -- and an arc length of 46.73 feet, and a chord bearing and distance of South 73 degrees 27 LOTS 1-2, SCHUPACH ESTATES addition to the City of Wylie, Collin County, minutes 48 seconds West, 46.36 feet to a found 1/2 inch iron rod for the end of sad curve and Texas, and does hereby dedicate to public use forever all utility easements, drainage the beginning of curve to the right; easements and all thier facilities,and streets and alleys as shown hereon. All and any (VOLUME cr2 I) public utility have hte full right to remove and keep removed all or parts of any Thence continuing along the north line of sad alley and sad curve to the right having a radius of building, fences, trees, shurbs, or other improvements or growths which in any way ,:- ,. _ "" 92.50 feet, and an arc length of 46.76 feet, and a chord bearing and distance of South 75 endager or interfere with the construction maintenance or efficiency of its respective degrees 29 minutes 42 seconds West, 46.27 feet to a found 1/2 inch iron rod for the end of said system on the utility easement and all public utilities shall at all times have the full right curve and being the southeast corner of said lot 1 R of Westgate, Phase 1 Revised, of ingress and egress to or from and upon said utility easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or Q Thence South 89 degrees 58 minutes 34 seconds West, along the south line of said Lot 1 R and removing all or part of its respective system without the necessity at any time of the north line of said alley, a distance of 71.00 feet to a found 1/2 inch iron rod being the procuring the permisson of anyone. This plat approved subject to all ordinances, rules, southwest corner of said Lot 1 R for the southwest corner of the herein described tract; regulations of the City of Wylie. Thence North 00 degrees 01 minute 26 seconds West along the west line of said Lot 1 R, a distance of 110.00 feet to a 1/2 inch iron rod said found rod being in the south line of Gateway WITNESS MY HAND THIS day of 2014 Bend (a 50' right of way width ) and being northwest corner of said Lot 1 R for the northwest corner of the herein described tract; Bradley Wade Schupbach, Owner W Thence North 89 degrees 58 minutes 36 seconds East, along along the north line of said Lot 1 R and the south line of said Gateway Bend, a distance of 70.27 feet to a 1/2 iron rod found at the northeast corner of said Lot 1 R for an interior ell corner of the herein described tract; Christina Michelle Schupbach, Owner D STATE OF TEXAS o Thence South 00 degrees 24 minutes 27 seconds East a distance of 1.98 feet to a found 1/2 COUNTY OF DALLAS inch iron rod for and interior ell corner, same being the southwest corner of Lot 1 of Mockingbird _.. .. I Hill Addition common with the northwest corner of Lot 3, of said Mockingbird Hill; BEFORE ME, the undersigned authority, on this day personally appeared Edward Kent Dowden, owner of above described property, known to me to be the person " Thence North 89 degrees 49 minutes 11 seconds East, along said common line a distance of whose name is subscribed to the forgoing instrument and acknowledged to me that 221.97 feet to the Place of Beginning and containing 27,579 square feet or 0.633 acres of land. he executed the same for the purposes and consideration therm expressed, and in the capacity therein stated. GATEWAY BEND SURVEYORS CERTIFICATE (stl ROW) (T - KNOW ALL MEN BY THESE PRESENTS, That I, Raul Dominguez Reyes,do hereby GIVEN UNDER MY HAND AND SEAL OF OFFICE, this - day of 2014 V certify that I prepared this plat from an actual and accurate survey the land,and that Fnd 1z' Fnd I? N 88°49' 11" E 221.97 iron Red the corner monuments shown thereon were properly placed under mypersonal Iron Rod Iron Hod 1 98' Q P P Y _________ _________ ______._. _._._._._. 6" E 70.27 R w supervision in accordance with the Platting Rules and Regulations of the City of Wylie, Notary Public for the State of Texas onn d zL. Et + Texas. My Commision expires — Pro sed Lot 2 �� a F 4 r. b 0,872 Sq. F . o Presosed Lott Q o - m Raul Dominguez Reyes, Resgistered Professional Land Surveyor#5390 I �' ° • 4 STATE OF TEXAS RAUL DOMINGWV Rives COUNTY OF DALLAS T �� __ 16,759 S. t. b A 0 `N"- �`9,90.Ess 4.H�1 BEFORE ME, the undersigned authority, on this day personally appeared Edward z �` s u a�� Kent Dowden, owner of above described property, known to me to be the person o AYi whose name is subscribed to the forgoing instrument and acknowledged to me that ` ' 5 STATE OF TEXAS m / t he executed the same for the purposes and consideration therm expressed, and in the m COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this capacity therein stated. -o day personally appeared Raul Dominguez Reyes,known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that o d he executed the same for the purposes and consideration therm expressed,and in the GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2014 z S 88° 42' 1 130.64 a o-on R capacity therein stated. BLO S o 0 15' ALLEY Notary Public for the State of Texas GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2014 My Commision expires I'0+Of.Rod S :°° 58'34"W 71 4v _l o;aoa RAD=10Z50 ---- _ / -_DELTA 24°54`17" 15' ALLEY 46.73' C6 S73°2T 48"w STATE OF TEXAS \s___ f D 4 CD-aess' COUNTY OF DALLAS �CB-5RAD 92.50 "Recommended for Approval" EL�TA 6.2z]' LOT 15R 8°58'Oa" BEFORE ME, the undersigned authority, on this day personally appeared Marinell 75°29.42"w cD,4a Dortch Dowden, owner of above described property, known to me to be the person - ,- Chairman, Planning &Zoning Commission whose name is subscribed to the forgoing instrument and acknowledged to me that -nz ' City of Wylie,Texas she executed the same for the purposes and consideration therm expressed, and in • z _ the capacity therein stated_ "Approved for Construction' ,` Date GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of _ 2014 Mayor, City of Wylie,Texas "Accepted" Notary Public for the State of Texas - ? Date My Commision expires Mayor, City of Wylie,Texas "` Certificate of Completion Date-__ __ _._.____._.____ _._ Mayor, City of Wylie,Texas Final P I at $: The undersigned, the City Secretary of the City of Wylie,Texas, hereby certifies that Lots 1 & 2 of ' " theCit foregoing or go i on theplat of day Mockingbird Hill,to the City of W4 ylie andhe submitted Counc db tfothe ," _ ' ' ^ 'D' '; ;+` action, then there accepted the dedication of streets, alleys, parks easements,public OWNER. BRADLEY WADE SCHUPBACH , , places and water and sewer lines as shown and set forth in and upon said plat and sot GATEWAY BEND )'' i ` 'r =1 ' aid Council further authorized the Mayor to note the acceptance thereof by signing WvuLl,TEXAS 7 5098 A MOCKINGBIRD Schupbach Estates a + 1i ` ,, ,= - < his name as herelnabove described. REPEAT OF LOT 3, BLOCK 17 OF " -- - HILL AND LOT 1 R OF WESTGATE, PHASE 1 1" = 30.0' OWNER: CHRISI"INAMICHELLE SCHUPBACH REVISED BEING IN COLLIN COUNTY TEXAS AND Witness myhand this dayof A.D.,2014 601 GATEWAY BEND SITUATED IN THE WYLIE,TEXAS 75098 E.C. DAVIDSON SURVEY SURVEYOR: RAULRevEsSURVEYING, ABSTRACT NO. 266 209 EE,LA TEX S DRIVE WYLIE,TEXAS. 75098 214-478]8]9 City Secretary City of Wylie, Collin County Texas "Selling a portion of this addition by metes and bounds a violation of City Ordinance and State City of Wylie,Texas Law and is subject to fines and withholding of utilities and building permits" Wylie City Council wwlifire AGENDA REPORT Meeting Date: December 9, 2014 Item Number: 5 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 3, 2014 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, approval of a Replat for Wylie Retail Office Park; Block A, Lot 4A generally located at the southwest corner of SH 78 and Kreymer Lane. Recommendation Motion to approve a Replat for Wylie Retail Office Park; Block A, Lot 4A generally located at the southwest corner of SH 78 and Kreymer Lane. Discussion OWNER: 78/Kreymer, LTD SURVEYOR: Davis Land Surveying Co., Inc. The property totals 1.151 acres and the purpose for the replat is to dedicate the necessary fire lane, access and other easements associate with development of the property. The purpose for the replat is to subdivide one lot into two and dedicate the necessary fire lane, access and other easements to accommodate the development of the property. There will be an offsite access Ingress/Egress easement that will be filed by separate instrument by the applicant/owner. Staff has received the draft of the agreement and recommends the Replat for approval Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Prior to any permits being issued for the subject property, the Ingress/Egress Easement must be filed with Collin County and a copy filed with the City Secretary's Office. A site plan for development of Lot 1 in conjunction with this plat was approved by the Planning Commission at its November 18th meeting. There are no immediate plans and/or proposals for development of Lot 2. Note: a nonconforming billboard exists on Lot 2. Planning & Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval. (Rev 01/2014) Page 1 of I • • • • • • 3ikTs air 4-1 a4 • Wt':s�Y ut tsb;aaa • • • Rk[ gyp , STATE lGKWi4Y -d -a 3 /„ .!5ff - x's:° ,y"-.0 844 r"-Rm.. s ,.,i - g j .su M 3 C#be R # #4`dit SX zeL.A s;s . -:ar -.a T e§;.72' s<s._` ! L 3 f,S „w.§ %. F - R • - 'tv 33r3 D3' I sr \ _ ' .._"•t _ `NitS�3$Cie s. KARMA E ;<, _�• a a^a^d- d : a, iar 4A ` - as - a:� s Ste. 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ORAL PLAT It ,a car ,- 1VYLIE RETAIL OFFICE PARK ,s- n;� :4 1 =tea �_, .. . oATATTA LOTS ADDITION* BLOCK e 2 --evi- " 34 RT:Ft MAN u I 434*3..RETAIL if PARK kv I, sca.z> -c e a x, m>,.w.00.r'q�.0u .- . ..2-!u-e'5,1 NE R$FK„tsc'£5 C€4,x ,rs ravpa`r_SHE e E1,x,'€ 'MMUS,P&L..MCK K TM Tt X.AS, i w,..sz.. r. •a?er8 m, sr y a.44 n tr.n..-s.t...,a.rs..:» cs. .eg €vzxseen 5Y re a'.s ss.+e e.e}ra¢z i s=rsss aa€y C.t: <us ....140.444 4.34;44 Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: 6 Department: Building Department (City Secretary's Use Only) Prepared By: Brian Killebrew Account Code: Date Prepared: December 1, 2014 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie, Texas to more effectively regulate signs. Recommendation Motion to approve, Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie, Texas to more effectively regulate signs. Discussion As the City grows and technology changes our sign ordinance must change with it to keep up with progress. Understanding that there is a fine line between having an underdeveloped sign ordinance and becoming overrun with signage, Staff has revamped this ordinance to try and balance both. Definitions Clearer definitions have been added for Mural, Multi-tenant complex, ground, temporary, sandwich board and wall signs as well as redefining banners,promotional, and vehicular signs. Variances Under current ordinances, Sign Variances are heard by the Construction Code Board. Staff is proposing that the Zoning Board of Adjustment would be the board to consider variance request regarding signage. The Zoning Board of Adjustments was specifically designed to hear Variance requests and is more suited to hear Sign Variances. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Exempt signs In the Special Events or public announcement sign section Staff is recommending to add a 10 foot separation between signage and to prohibit connecting multiple signs together. The maximum square footage for the on- premises signs was removed and is allowing signage on residential lots with the written consent of the owner. The distance that pedestrians holding signs can be from the road was changed from 6 feet to 10 feet. Ground signs were added for each tenant with an approved Certificate of Occupancy as long as they adhere to the number, size, construction and placement. Attached sign regulations Wall Signage will change from a 1:1 basis to a 75% maximum frontage of the space or building with a height limitation depending on the distance from the street with a maximum square footage for all wall signage in total. Monument sign regulations The maximum display area allowance was changed from 90 square feet to 96 to fix an error in calculation. Menu Board signs Staff is proposing to increase the height from 6 feet to 7 feet and the maximum sign area to increase from 24 square feet to 48 square feet. Subdivision entry signs Monument Style Subdivision entry signs will be limited to a total of 96 square feet to replicate monument signs. Promotional sign age Staff proposes to eliminate the 40 feet distance from the side and rear property lines and add 15 feet from the street curb setback. CITY OF WYLIE,TEXAS ORDINANCE NO. 2014-44 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, AMENDING VYYI IE`S CODE OF ORDINANCES NO, 2005-07, CHAPTER 22 (BUILDINGS AND BUILDING REGULATIONS),IONS), .ARTICLE XX (SIGN REGULATIONS), SECTIONS 22-441 (INTENT), 22-442 (DEFINITIONS), 22-443 {ADMINISTRATION) 22-445 (EXEMPT SIGNS), 22-446 (GENERAL, SIGN REGULATIONS), 22-447 (ATTACHED SIGN REGULATIONS), 22-448 'MONUMENT MENT SIGN REGULATIONS), 22-449 "OTHER TYPES OF SIGNSI AND 22-450 (REGULATIONS FO!' TEMPORARY SIGNS)., REPEALING ORDINANCE NO. 2009-21 TO ALLOW THE CITY OF WYIIE, TEXAS TO ViORE EFFECTIVELY REGULATE; SIGNS; PROVIDING A PENALTY FOR THE VI()LA'lION OF 'IRIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND SEVERABILiTY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; A.ND P R.OVID1Nl.; AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS the Cis Council of the Cis of W iie_Texas "'Cie •Council") has investigated and determined that the C ,i•rf ly�lie, Texas (`yyrvlie )...0 de of O dinanc s No005-07,as amended ("Code of Orlin rte s') Chapter 22 (Buildings and--_Budding Rpvrlahons), Article XXjlSJg kegulationsj, Sections 22-441 (intent)22_442 (Difinitions),22-4434Adtlttnt trtttmop( 22-44a (Exempt stgnj.'2 446 General n rc,yi,(l ttion,x_)....22 448_..(.Nlonument sign r gul ttionj...22.:449..(P.thty..._t' _ of signs)and 22-450.(Re cuintions for temporary siganti)should be amended as set forth below;and 'WHEREAS, the City Council has further investitttated and determined that such amendments should he tmaelet to allow Wylie to more effectively rwesul rte sitnc and WHEREAS. the° City Council has-investigated and determined 'drat in order to •angst effectively make the additions,deletions,and arrtendcnents nee,rr sary,it is in the best interest of the citizens of Wylie to repeal Ordinance No,2009-21 in its entirety and reTil me::it.with this ordinance:and, 'WHEREAS, the City Council find that all legal notices requited for amending the Code of Ordinances have been given in the manner and form set forth byiaw and all other reAuirements for the adoption of this Ordinance have,he.n fulfilled.-and WHEREAS. the C"itymmCouncil has further minve tis,ated and determined that it is in the best: interest of Wylie <tnd its citizens to amend the. Code of Ordinances as set Forth below to Promotr;_i2i bloc safety and welfare.. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL: OF THE, CITY OF WYLIE,TEXAS: SECTION 1: Fltttin„is Ineor °rated, The findin=s sox forth above are incorporated into the body_ofthis Ordinance as if fully set forth herein. SECTION 2: Amendment to the Code of Ordinances, Chapter 22 (Buildings and Building VZetoolations) Article XX (Sirs [ eegul tions) Sections 22-441 (Intent), 22-4 12 1Detinitions) 2.2-445. (.xe 1tuts n;1 22-446 (General sgn rregul ttions)_..22-44)L Monument s gnre ,ulatious).,2-449 ((Other 1 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 tyl)csof sins}__and 22m450 (Regulations for tern iraiy igns)----_The Code of Ordinances, t Chapter 22 LLIuildity and F3 iiicliny f eit return ), Article XX15ign Rcgulations) Sections 22_44I...(Intent), 22-412 1 L)c fmitionaJ 72-445 (Exempt,.,.si gns),_22--446 {_General sign regal tions)_,_22-448 jMonunient siren ion, 22-449 (Other types~ of sips) .,_' `0 (Regulations for temporary s ns) as hereby reizulat �_ ( sr���mis arar! 2�-4, amended as set forth below: SECTION 3: Establishing Sign Regulations, The City of Wylie hereby establishes the sign regulations attached hereto as Exhibit 1",and incorporated herein I'm purposes„ SECTION 4: .Penal Provision: An Jerson firm, coraoration or entity violating this Ordinance �stnn shall deemed�il� of a misdemeanor, andupon c�r1°�teuuiC thereof, � 'finer not exceeding_TWO THOUSAND AND NOi100 DOLLARS i'2.000.(1tJJ j ach continuing_ yla„„ w. t ill r.onstitur The penal i-i lone irnpiscd...under yrud�ctrrin.unr�ct�C}�itti UCiirztnrc h'�tl b �r-4'a rtlffen...�aticil,�c.. this Ordinance shill Dot Tredude Wylie ti-utn filing suit to enjoin the viol;:ition. VI yltc retain, all legal rights and remedies available to it pursuant to local,state and federal law. SECTION TiON 5 Savings/Repealing. The Code of Ordinances shall remain in full force and effect„, y anyj2rovisions of any ordinance in conflict �uvcan c xuc°pt �s amended � � i'tr, or 'other ordinance, '� _ abate any penduja prosecution fur with this Ordinance ri�hereby rc,pc�ilec; but 41tht�cal shall not violation of the repr tic d Ordinanc4 nor shall the repeal prevent prosecution from being commenced for any iAnyremaining portions_of conflicting tiiulation if re�pal ofthc, Ordinance. ordinances shall remain in full force and effect. SECTION 6 Sepierability_ Should any section subs etion,,scntenrc,_elhusr. orphrase of this Ordinance he declared unconstitutional and/orinsihdh" 'rcotua of competent N ai diction„ it is expressly. provided that;.ram and all remaining portions of this Ordinance remain in full force and effect \',lie hereby declares that it would have amassed this Ordinance, and each section,subsection, sentence,, clause sand or phrase thereof regardless of whether any one or more sections„ subsections., senterrec yc Iaarseos and/or phrases is declared unconstitutional and/or invalid, SECTION ,: EffectiveDate,This Ordinance shall become effective from and after its<aa:1option andpublication asrequired by law and the City Charter. DLEY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TEXAS,on this 9th day of December.--20l4. 2 Ordinance No,2014-44 Sign Ordinance Changes from Ordinance No.2005-07 FricHjic, Mapr ATTESTED TO-AND CO •R Carole Ehrlich,City Secretary Datc-0-} Publication: December 17, 2014, n'lle EmerpriseNews AR-T4-1-E-XA -RE-G-U-LAT-1412-} tedote . Se...42-444r — Sec. „ 44eft-s4g-n-reg.41-ati•en4e Sec.2-2-44A,64e.e.nwilt-site.-reekde,ti-ofts. Sece22 149,04.14.er-twe4-044g44-s, See4,2 1-4841-lies,e-e.e4—. 3 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 ,�IINRJ�uI I�A ' wvlie =========Error!eovkmamnmoenneu. 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V'rornvrit�naM_S�;�i:e��°...........................................m.m...........m.w.w.m,m,w...w.w.w.........w....,.,...............,.,.....22 Attachment-Illustration 2»1.Sign Sight(Visibility)Triangle SECTION.22-4.)1—2-,MO: REOULATIONSI"OR TEMPORARY SIGNS Section 22-441,-32-441.Intent. (a) Signs are an important component of the urban built environment,providing important information,and directions to community residents and visitors.However: (1) The uncontrolled proliferation of signs f:r_eis hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the city's transportation network;and (2) Unless the location,number,setback,lighting,and size of signs are regulated,the scattering of the signs throughout the city would be detrimental to the preservation of scenic resources and so to the economic base of the city;and (3) The proliferation of signs in the city has an edv::.vse•.dfeesadvcrse effect on adjacent property values;and (4) The orderly and uniform regulation of signs are«s a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the city. (b) Therefore,it is the intent of these regulations: (1) To protect the safety and efficiency of the city's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians,obstacles,other vehicles,and traffic signs; (2) To preserve,protect,and enhance areas of historical,architectural,cultural,aesthetic,and economic value regardless of whether they are natural or manmade; (3) To protect the value of adjacent and nearby properties,in particular,residentially zoned properties from the impact of lighting, size,height,movement,and location of signs; (4) To enhance the image of the city which is conveyed to tourists and visitors by controlling the location,number,and size of signs; (5) To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks,height,and spacing to allow for lighting,ventilation,and preservation of views in a manner consistent with land uses in the various zoning districts;and (6) To preserve and enhance the appearance of the city and the public interest in aesthetics,and to control and reduce visual clutter and blight. (Ord.No.2009-21,§3(Exh.A),8-11-2009) 7 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 Section 22-44a,.22.44t.Definitions. {The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning:} Alter means to change the size,shape or outline,or type of sign or to change the electrical lighting,except for the replacement of lamps not brighter than the original or the replacement of a surface panel. Attach means to stick,tack,nail or otherwise affix a sign to any object;to paint,stencil,write,or otherwise mark on an object. Awning means an architectural projection that provides weather protection,identity and decoration,and is supported by the building to which it is attached.It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials,and may be illuminated. Banner means a sign composed of cloth,plastic,paper,canvas or other lightweight fabric. Building means a structure which has a roof supported by columns,wall or air for the shelter,support,or enclosure of persons,animal or chattel. Building official means the building official for the City of Wylie or his/her designee. Canopy means a roof-like structure which shelters a use such as,but not restricted to,a gasoline pump island,and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: (1) Where elements of the surface or background can be seen as viewed from the normal viewing distance(intended viewing distance),to have portions of the finished material or paint flaked,broken off,or missing,or otherwise not in harmony with the rest of the surface;or (2) Where the structural support or frame or sign panels are visibly bent,broken,dented,or torn as to constitute an unsightly, hazardous or harmful condition;or (3) Where the sign,or its elements,are twisted or leaning or at angles other than those at which it was originally erected(such as may result from being blown or the failure of a structural support);or (4) Where the message or wording can no longer be clearly read by a person under normal viewing conditions;or (5) Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the city. Erect means to build,construct,attach,hang,place,suspend or affix,and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon,against or through which the message is displayed or illustrated on the sign. Flag means a piece of fabric or other flexible material usually rectangular in shape,attached to a ground supported staff on one end,and used and commonly recognized as a symbol of a nation,state,political subdivision,business,or nonprofit entity. Illuminated sign means any sign which has characters,letters,figures,or designs illuminated by electric lights,luminous tubes or other means that are specifically placed to draw attention to,or to provide night time viewing of,the subject matter on the sign face. Incidental means information on a sign that is incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. xit'turalt3RAk means_pictures or artwork painted drawn or_pplied on a n exterior wall that does not depict or contain advertis(€ng€pDK car Formatted:Font:8 pt e t i3rtaaesf a product or service available fan site or oft-site. Murals are not dyedrt�advertisernd.acts or services offered or sold on site or off,_.. I Formatted:Font:8 pt 8 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 (-Formatted:Default Mulct-ymseuttenant complex-Means ajroup of sepnaratu b hdlrs;;s_p1atled as a sinjplr sub_divlsmor,.Buildings may be on separate lots,but are Formatted.Font:Bold contained within the same subdivision plat. --- I Formatted:Font:Bold J Noncombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit,and will not L Formatted:Font:Bold I continue to burn or glow at that temperature. Pennant means any lightweight plastic,fabric,or other material,whether or not containing a message of any kind,suspended from a rope,wire or string,usually in a series,designed to move in the wind. Premises mean a lot or unplatted tract,or a combination of contiguous lots and/or unplatted tracts of land where the lot,tract,or combination of lots and/or tracts is under single ownership and is reflected in the plat record of the city. Public right-of-way means a dedicated road or street including the easement for that road or street. Roof means any exterior surface of a structure that has a slope of less than 60 degrees and shall also include the top most portion of any structure. Searchlight means an apparatus capable of projecting a beam or beams of light in excess of one million peak candlepower. Sign mer ar y-4ievice,•fit,,;„, ,ar,.0 w a .g a-Rne,`igh• -Ggu+rp stor I ge,s.mb mar ur,.aar poster}fie .. ..Formatted:Highlight tortae;x+g[ieright-rat-wa.•-u;-etbera-rvee out..,#d:t th,w lots.e-R,,v-siet h v aterl d-rdesu; d r-sn-Era inte -s?mutpeaeY-theattention-r.5-foie - p bper=seras.neat-oc�-ttaat-iet.mean.>any device including but.not.limited to flag,barnner,figure picture,letter,words me sage symbol nlgqa.,csrso te.",visible from theju blic r gFEt_raf way_gfrom outside the lots on which it istrc aced artci,riastgneri or intended to identify, adverbs announce,_ipfprp..or attract the attention of the u.ufiis. Sign area means the actual area of a face of the sign,unless the sign is not of a regular(square,rectangle,triangle,and circle)shape.In the case of an irregularly-shaped sign,the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the"gross surface area."In the event two or more signs share a single structure,each sign or panel may be considered separately for square footage purposes,except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign,attached means any sign attached to,applied on,or supported by,any part of a building(such as a wall,roof,window,canopy,awning, arcade,or marquee)which encloses or covers usable space.Neon tubing attached directly to a wall surface shall be considered a"wall sign" when forming a border for the subject matter,or when directing attention to the subject matter or when forming letters,logos,or pictorial designs. Sign,awning means a sign attached to an awning. Sign,canopy means a sign attached to a canopy. Sign,changeable message means a sign whose face is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of the sign or changed by electronic means. Sign,development means a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder,property owner,architect,contractor,engineer,landscape architect,decorator,or mortgagee, within that development,but shall not include a subdivision marketing sign. Sign,directional means any on-site sign to direct the public to entrances,exits and services located on the property on which the sign is located. Sign,garage sale means any on-site promotional sign for the sale of personal household goods in a residential zoning district or on the property - of a nonprofit entity. Formatted Font:+Body(Calibn) Formatted:Space After: 0 pt,Line spacing: Jpn, round mean;,a temporary±t._ign uspendecd or supported by one or more LTriy.,..b...s or braces anchored into thgyrourtd wail no more than A• single,Don't adjust space between Latin and 30 inches of clearance from the bottom of the sign to the ground b£.xlom. Asian text,Don't adjust space between Asian text and numbers 9 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 Sign height means the highest elevation of any part of a sign structure measured from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer of the street or road for which the sign fronts. Sign,home improvement means any on-site sign that displays the name of a roofing,fence,pool painting,landscape or other home improvement contractor. Sign,inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign,institutional means a permanent on-site sign used to identify governmental and municipal agencies,public schools,churches,or similar public institutions,and used to communicate messages of public importance to the general public. Sign,kiosk means a ladder-style sign with multiple panels that is installed within the public right-of-way,complies with subsection 22-449(5), and either provides direction to Wylie residential subdivisions and/or municipal facilities or provides the public with information about upcoming city-sponsored events.To aid in the identification and location of residential subdivisions,a kiosk sign may include the name of a developer or homebuilder when providing directions to that developer's or homebuilder's residential subdivision. Sign,menu board means an on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign,model home means any sign identifying a new home,either furnished or unfurnished,as being a builder's or contractor's model open to the public for inspection. Sign,monument means any detached sign made from masonry,concrete materials,wood or plastic provided that a masonry or metal base is incorporated into the sign,with no separation between the base of the sign and grade. Sign,movement control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign.Movement control signs shall not advertise or otherwise draw attention to the premises,an individual,business,commodity,service, activity or product. Sign,nonconforming means a sign and its supporting structure which does not conform to all or part of the provisions of this article,and: (1) Was in existence and lawfully erected prior to the effective date of this article; (2) Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto,or which was considered legally nonconforming there under,and has since been in continuous or regular use;or (3) Was in existence,located,and used on the premises at the time it was annexed into Wylie and has since been in regular and continuous use. Sign,obsolete means any sign that no longer serves a bona fide use or purpose. Sign,off-premises means a sign displaying advertising copy that pertains to a business,person,organization,activity,event,place,service or product not principally located or primarily manufactured or sold on the lot on which the sign is located. Sign,pole means any sign erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. Sign,political means a sign: (1) Relating to the election of a person to a public office; (2) Relating to a political party; (3) Relating to a matter to be voted upon at an election called by a public body;or (4) Containing primarily a political message. Sign,portable means a sign that is not securely connected to the ground in such a way that it can easily be moved from one location to another and is not a vehicular sign. Sign,projecting means any sign which is attached to and supported by a building or wall and which projects outward from the building or wall, generally at a right angle. 10 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 'atg_n„prcamotional- o+ sat real-sig+s-aa ite e+a -{n-n,a-aar-e...me=a€ss anvtyr_aeoE 53,„n used for spfcialpromotions;,in ludingbut not limited to, Grand openings,anniversary celebrations,sales,and other such events. Promotional signs include,hut are not limited to banners,pennants streamers,_ailoon, iauntmig„inflatable signs,arad other similar izasi.Promotional ssms are temoraiiy in nature, Sigma tsaaeaLwses}e:sas+y-t- .:o-p;igtri-sas fs;rwfaeeaia4-prop'stir->n=:-inc4urtir-rg,=:att twat-fevitee o..,-grssnei-er•.rc+adrrt;s,- esdiee-sexy-eefw c.attees, vadey-a4-lisk*her•ser=h-€aveehs-raar"fi t ss{*:igsas:a=.e4eefe;- l-a+r.4set.ffes•ifed-t aneers,--ponrrants„-sdreaesoee,,ueiiecets,flagv:trserf+ng,ins'lafable t ig asovad-ether:;isnlfar=sic,-srs: Sign,protective means signs that identify or warn of any security devices located on the premises,including guard dogs. Sign,reader board means any sign comprised of changeable letters that allows a change of sign copy by adding or removing letters.The sign copy shall conform to the category use of the sign allowed by this article. Sign,real estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign,sandwich board mews•e v-uaav;make-advertisiia -er-bt:asipeas-s{�-sit:ra-Wort-:,eeeeeel-.ne-at' .hed--te-the-sur€Gee-matseaa wlaieh4tis laeatea'--xa .awstnikEtecd-i-R-thy-€e+rrst-an-4,,L-e..et'st....-,ktaae: means a movable advertisin or business •round sin riot secured or attached to the surface upon which it is located,and is constructed in the form of an"A`or ten[like shape. [Formatted:Font:Not Bold Sign,secondary means a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building,but that does not project above the highest point of the building. Sign sight triangle interchangeable with sight visibility triangle shall mean the triangle formed at an intersection by intersecting curb lines and a non-curb line joining the curb lines,The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive or at the intersection of two(or more)public streets.The motorist's eye is assumed to be at a point 15 feet from the edge of the roadway.Traffic must be visible for a distance of ten times the speed limit on either side of the vehicle parallel to the intersecting roadway.No sign shall be placed in or above the triangular area created by the motorist's view described by this subsection(see Illustrations 2-1).This will include those areas that may pose a pedestrian safety concern as determined by the City of Wylie. Sia,*n,i ernporrtacy..means a sign not intended or designed for permanent display.Any sign k,anneer,pennant or advertising display intended to he rd layed for a time2iipcifiadnotexceedingg2weeks. Sign,subdivision entry means any permanent on-site sign identifying a subdivision located in a residential zoning district. Sign,temporary religious means a sign that advertises the name of and provides direction to a religious organization or group that is temporarily operating in a school or other facility. Sign,vvlateufae vehicular means ensign place;on or affixed either permanently or temporarily to vehicles and/or trailers that areaprk,'_d on a public right-=af wa_y,rsublic property,or pr€v,ate_prorrcrvsa as to be visible fronrayrukali.riar}rt c}f way where the ap�erentaurpose is to adu+=ruse rear rdeask or cfireet peup_gi to a busine.ss or activity located on the same or neaty.nrrgi r Fall by pri2hi rite.d.However,tI pis is not,i9'r an yintended to prohibit signs placed on or affixed to vehicles and trailers,such as lettering en motor vehiciwi,where the sipyn is incidental to the primary use of or trailer.ssseans-any ip } der;the vehicle �* � - st,n en- ,.. crri!�r-+;-e - �.,.a,t fx..+..... •'se-pr++ec+k'a# fx:rpeve ar€ca+htcir i¢}cr-attract-atten lass-tra-.-a-endue#dcki r r hueiaa.>ss-iocsa°vi-e+a-¢i-=a-iaruia":r'-cV.,"set,tsiea at..to ids i=rise}rkcak°-fore••teaevpartatseee T-his°fefir ent 11 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 _'ai n, /6E Any si n Dttached to cocain€dui on a wall of a building or structure so that the wa€9 forms the su_p rt ng strpsni d r krercilin tht back round of the siynand which does not a ect more than 18 inches from the wail. Sign,window means any sign,banner,poster or display located on the internal or external surface of the window of any establishment for the purpose of advertising services,products or sales available within such establishment or which announces the opening of such establishment. Sign,yard means any sign that publicizes the arrival of a newborn,a birthday,a personal special event or the participation of a family member in a school activity or sport.Yard signs shall also include signs that advertise the presence of a home security system. Sign,zoning means any sign provided by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. Sign contractor means a general contractor. Sign setback means the horizontal distance between a sign and the front or side property line,as measured from that part of the sign,including its extremities and supports,nearest to any point on any imaginary vertical plane projecting vertically from the front or side property line. Sign support means any pole,post,strut,cable or other structural fixture or framework necessary to hold and secure a sign,providing that said fixture or framework is not imprinted with any picture,symbol or word using characters in excess of one inch in height,nor is internally or decoratively illuminated. Sign width means the widest dimension determined by the largest measurement of all supports,projections or any part of a sign structure on any horizontal plane. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning district,nonresidential means any zoning district designated by the zoning ordinance of the City of Wylie as NS,CR,BP,CC,BG,LI,F!i PD,FP,DTH and SBO. Zoning district,residential means any zoning district designated by the zoning ordinance of the City of Wylie as AG/2S3D EDSF 1A/263FS,SF- 30/2420/26 SF-204110/24,9 1^n.°,5�-8—. -?,TH/4th,MF,and MH. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Sec.22.444tion 22-443.Administration. The provisions of this article shall be administered by the building official. (1) Permits. a. Permit required.In addition to the other permitting requirements set forth in this article,no person shall erect, construct,relocate,alter,repair or maintain any of the following type of signs unless a permit has been issued by the City of Wylie and the fee paid for such erection,construction,relocation,alteration,repair,or maintenance of such sign: 1. Awning signs. 2. Canopy signs. 3. Changeable message signs. 4. Directory signs. 5. Institutional signs. 6. Menu board signs. 7. Movement control signs. 8. Monument signs. 9. Nonconforming signs(for relocation,alteration,and/or repair only). 10. Projecting signs. 11. Reader board signs. 12. Secondary signs. 13. Subdivision entry signs. 12 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 b. Permit fees and sign contractors.Permit fees are contained in appendix C of the Code of Ordinances.A permit may only be issued to a sign contractor that carries at least$300,000.00 of general liability insurance and provides evidence of such insurance coverage to the building official when they submit the permit application. c. Permit expiration.A permit for a sign shall expire if toe w»av4 s-not�omsssessrt clan irnspecths n has not.,passed within 90 days from the date of issuance of such permit. d. Electrical permit.Where signs contain electrical wiring and connections,an electrical permit must also be obtained in addition to the permit for the sign.No sign shall be erected in violation of the city's electrical code or regulations. e. Not to issue to persons previously failing to pay fees.The city shall not issue a permit under the provisions of this article to any person,business,entity,organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this article. f. Easements.No sign shall be located in any easement other than a landscape easement. (2) Applications.All applications for permits shall include each of the following: a. A completed permit application. b. A plot plan declaring all property lines,setbacks,easements,rights-of-way,other existing signs maintained on the lot and the required distance separation to the closest monument sign in any direction scaled to linear feet. c. A scaled drawing of the height,width and display area of the proposed sign. d. A drawing of the lot plan or building facade indicating the proposed location of the sign,specifications,materials and landscaping plan. e. Electrical plan and load requirements. (3) Work started without a permit.No sign requiring a permit may be erected or installed without first having a permit.If any work for which a permit is required by this article has been commenced without first obtaining a permit the following shall apply: a. Investigation.A special investigation to determine compliance shall be made before a permit may be issued for the work. b. Investigation fee.In addition to the permit fee,an investigation fee shall be collected whether or not a permit is then or subsequently issued.The investigation fee shall be equal to the amount of the permit fee required by this city.The payment of the investigation fee shall not exempt any person from compliance will all other provisions of this article nor from any other penalty prescribed by law. (4) Permit revocable. a. The city may suspend or revoke any permit issued under the provisions of this article whenever it shall be determined that the permit is issued: 1. In error;or 2. On the basis of incorrect or false information supplied;or 3. In violation of any of the provisions of this article;or 4. In violation any other article of this city or laws of this state or the federal government. b. The suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued,the sign owner,or to the property owner upon whose property the sign is located. c. Any signs installed or existing under a revoked permit shall be removed by the permit holder,sign owner,or property owner within ten days of written notice of the revocation. (5) Nonconforming signs. a. Nonconforming signs in the City of Wylie shall be subject to the regulations set forth in the Wylie Building Code,as amended,except as otherwise set forth herein. a. A nonconforming sign and/or its supporting structure,which is destroyed,damaged,dilapidated or deteriorated, shall not be replaced,repaired or renovated,in whole or in part,if such replacement,repair or renovation would require an expenditure of monies in excess of 60 percent of the cost of a new sign,including its supporting structure,which is substantially the same or similar to the nonconforming sign destroyed,damaged,dilapidated or deteriorated.Permits granted prior to the passage of this article shall be renewed only if the applicant complies with all provisions of this article. b. A nonconforming sign or supporting structure that is lawfully repaired,reproduced,or renovated as a nonconforming sign may be increased in area or height. c. A nonconforming sign may be relocated on the same lot or tract of land if: 1. The sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain;and 2. The location for which the nonconforming sign is to be relocated complies with all requirements set forth in the Wylie Code of Ordinances. 13 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 d. The material used in the repair,replacement or modification to an existing nonconforming sign must be approved by the City of Wylie Planning Department and the building department.Pole or stanchion supports must be designed,modified and constructed to appear as a solid base monument sign in accordance with this article. (6) Inspection.The city may inspect annually,or at such other times as it deems necessary,each sign regulated by this article for the purpose of ascertaining whether the same complies with provisions of this article,is secure or insecure,whether it still serves a useful purpose,and whether it is in need of removal or repair. (7) Removal of obsolete signs.Any sign which the city determines no longer serves a bona fide use or does not conform to this article shall be removed by the owner,agent or person having the beneficial use of the land,buildings or structure upon which the sign is located within ten days after written notification to do so from the city. (8) Removal or repair of dilapidated or deteriorated signs.If the city shall determine that any sign exists in a dilapidated or deteriorated condition,or is a menace to the public,he shall give written notice to the person or persons responsible for the sign.The permit holder,owner,agent or person having the beneficial use of the premises shall remove or repair the sign within ten days after the notice.The city may remove or have removed,without notice,and assess the owner for the costs,any sign which is an immediate peril to persons or property. (9) Removal of illegally erected signs.Any temporary sign that is erected,constructed or otherwise displayed,which the city determines to be in violation of this article,may be removed by city personnel.Any such sign removed by city personnel may be held for a period of 72 hours and upon expiration of the time may be disposed.The city is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs,the sign must be removed by the permit holder,owner of the sign,or owner of the property on which the sign is located within ten days after the city sends written notice to remove the sign.Upon failure to comply with the notice or to file an appeal of the decision in accordance with this article,the city is authorized to cause the removal of the sign and assess the permit holder,owner of the sign and/or owner of the property on which the sign is located for all costs associated with removal.The permit holder,owner of the sign,and the owner of the property on which the sign is located shall be jointly and severally liable for such costs. (10) Variances. a. Variances to the provisions of this article shall be heard by thewr to-ueTton-roe -beaeefZonig'carci of Adjustment. A_s>ia-ntsda+r«ria++Fy-+t� e-beae1%efa+ rt-eF<kk+e-vs e-will be-reresiecd to:ap>ars rve tcywn€n; rectue&thoncurrine vote of 75%of the members of the hoard{shall be necessary to reverse any order.In order to approve a request for a variance,the ceast-ru so •m rr-d-Poe rgBoard of Adiustment shall determine that the request meets thee-fqur,,ofthe following bee fe+se-criteria: 1. The proposed sign shall not adversely impact the adjacent property(visibility,size,location,etc.); 2. The proposed sign does not conflict with the spirit of this article,which is one of providing public safety, open space and air,preservation and enhancement of the appearance of the city and protection of property values; 3. The variance is needed due to restricted area,shape,topography or physical features that are unique to the property on which the proposed sign would be located; 4.,,, The proposed sign is of a unique design or configuration. 4:5 fhatthedemonstrable ha rdsh is not;elf_imppsed. b. Should the That the c ctc bear i-deny a request for a variance,the applicant may appeal the request to the-District Court in accordance with TLGC CChapter2t1e%y-eoscel,provided that,such appeal is requested in writing within 1030 days of the date the ceesiraetioo cede4eee4foarcl denied the variance.A-v-ete-.of-theee-fourths caf the-€ae iheveretverstiip..' .al.The cle is'sert.vaf hhe(ay-council-is fi-nal, c. A variance from this article is valid only if a permit is secured within 90 days from the date of the board's es4tse co roll's decision. d. ` pare ' Each applicant shall pay a-the fee t¢f;ccnrclancsa with Appendix C c;;,.tYr:�ttt €�tt...Lc,an Comprehensive Fee Sch��e ule, a?f..,,., arnmended-ss€/1`;t3:4e3 before the roeseirs+etset-reeede-ltroard shall hear any variance request. -E4c,-eptkcass+-Ne-vark*Rce-fee... sa31-b,..:=egts +.4.far ao x v a ee-req vt e w r ^y appticant that the bt+i dhvg-ef4eiat deter-eviees-to-k>e-a/oea-ftde mpseo€ter-paeiostie m e. All variance requests shall be made in writing to the.h0h-iieg.c4fieiolphmolnp_C)epartment. (Ord.No.2009-21,§3(Exh.A),8-11-2009) 14 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 Sec.22 ll4tion 22-244.Prohibited signs. Any sign which is not specifically allowed by this article shall be prohibited.In addition,the following types of signs are expressly prohibited within the City of Wylie: (1) Signs imitating traffic or emergency signs.Signs may not contain any combination of forms,words,colors,or lights,which imitate standard public traffic regulatory,emergency signs,or signals. (2) Portable signs.Portable signs,unless specifically allowed by this article. (3) Signs violating other laws or ordinances.Signs erected in violation of any ordinance adopted by the City of Wylie or any state or federal law.(e.g.,traffic visibility requirements,zoning,building code,or electrical code). (4) Signs attached to trees or utility poles.Signs attached to,painted or maintained upon any tree or public utility pole or public utility structure. (5) Signs on sidewalks,curbs,gutters or streets.Signs attached to or painted on any sidewalk,curb,gutter,or street(except street address numbers). (6) Moving,flashing,revolving or color changing signs.Signs that move,flash light intermittently,change color or revolve,unless specifically allowed in this article. (7) Pole signs.Pole signs and flag poles unless specifically allowed by this article in subsections 22-443(5),22-446(a)and section 22-450 (8) Off-premises signs.Off-premises signs,unless specifically allowed by this article. (9) Signs attached to or painted on a fence,wall or railing.Signs attached to or painted on the outside of a fence,wall or railing, unless specifically allowed by this article. Exception:Signs identifying the manufacturer of a fence or similar product,provided that the sign does not exceed one and one-half square foot. (10) Signs causing a nuisance or hazard because of illumination.Signs illuminated to intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. (11) Signs advertising the sale of a vehicle.Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way.Vehicles legally parked at one location,with for sale signs visible from the right-of-way for two hours or more,shall be prima facie evidence of noncompliance with this section. Exception:A maximum of two vehicles may be parked at the vehicle owner's residence or on the street adjacent to the residence advertising,the sale of the vehicles provided that the vehicles are registered to the person residing at the residence. (12) Signs attached to a vehicle.Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property,or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited.However,this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers,such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Sec722'i11ticn 22445.Exempt signs. A permit shall not be required for the following signs,provided however,such signs shall otherwise comply with all other applicable sections of this article. (1) Nameplates.Nameplates,or signs reflecting the name of a building or structure(i.e.,a fence)or the name of the company that built or designed the building or structure,not exceeding one square foot in area. (2) Building identification/memorial.A memorial sign,plaque or tablets identifying the names of buildings,sponsors and date of construction may be cut into a masonry surface or constructed of bronze or other noncombustible materials. (3) Traffic.Traffic or street signs,legal notices,railroad crossing signs,danger,and emergency,temporary or non_advertising signs as may be approved by the city council or the city manager or his authorized representative. (4) Signs inside a building.Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code. (5) Changeable copy.Copy change only for previously permitted signs designed to provide a changeable copy area. 15 Ordinance No,2014-44 Sign Ordinance Changes from Ordinance No,2005-07 (6) Movement control signs.movement control signs may be erected at any occupancy or any lot,other than single-family or duplex premises,may be attached or detached and may be erected without limits as to number;provided that such signs shall comply with all other applicable regulations of this article.Movement control signs shall be premises signs only.The occupant of a premises who erects a movement control sign shall comply with the following regulations: a. Each sign must not exceed five square feet in effective area. b. If a sign is an attached sign,as defined,the words must not exceed six inches in height. c. Each sign must convey a bona fide message which directs vehicular or pedestrian movement within or onto the lot on which the sign is located. (7) Protective signs.The occupant of a premises may erect a maximum of two protective signs,in accordance with the following regulations: a. Each sign must not exceed six square feet in effective area. b. Detached signs must not exceed three feet in height. (8) Government signs.Flags,insignia,legal notices,or informational,directional or traffic signs which are legally required or necessary to the essential functions of government agencies and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. (9) Holiday lights and decorations.Temporary lights and holiday decorations with electrical connections displayed 90 days or less must be listed by a recognized listing agency,but otherwise shall be exempt from the terms of this article. (10) Political signs.Political signs that: a. Are on private real property with consent of the property owner;and b. Are not greater than 36 square feet;and c. Are not taller than eight feet measured from the ground to the highest point of the sign;and d. Are not illuminated;and e. Do not have any moving elements or parts. A sign not meeting each of the above requirements or containing primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political is not exempt from the requirements of obtaining a permit,assuming the sign is otherwise allowed by this article. f1i) Specialevent or fabl e announcement signs k€gg:_prcuid:nf puhhic information r ornrniyg jecisu events,bezaa s,r €liE_s,car other similar a:'tivitie,staonsored dY non pr«tit organizations including charitable,religious,philanthropic,educational,or civic institutions with the fotominarggsalations_ a. l imited to two sips per event onnthe gropgrt`rwhere the event.or actiLity Hera=i or is locates and rn ky_Le located up to the property line,. Is, Off-premises signs must be located on private property oral the errganization.taut have permission from tPsa sroperty owner to place the sign on their property.{Signs of this t"Ytre can be off-tremises suns and are ex=ern from subsection 22-444(8).) c_ --_the ma.Omar)off,-yrenti,c.sign area is32 square feet with a maximum um ilgigf g,,rf six feet,...A minimurri„of ten)...P feat between eachappreved nanc or banner i,cars€aired irs<and/gr banner's rn av not he installed or mok.mted c?n an ats.roved a. ---- - d A,mandocm of six off-premises signs tray-he located in the city__rg_giventimee adyertiu'ng_the nr_nprcfit oggsnization function. _ e._._.Y he advertised funcdon must ocrur within the corporate limits of'the kit cat Wyly. it s ETi and is a rrsored by2a nonprofit crr at3zaYlor located vthir the.hrf f„ iris shall notpremises nfiyrcx.err r owner end _- he locatedon residential r'i"EiISeS without written consent.ofthe rest''„ co.mp3y with all ya rd i,n provisions, g, All siyyyyge irra gbe erected 30 daysrpirLrto the event or activity and must be re ttctved within zs4hcs after the event;, Exe¢azpflow Any sign not nreeti€fg the above reGuirernents must be aprtruved Zoning Board of Adiustwents. +d+rt;;beataiia.infer a iot,,.,,tr;ean rn sgeeei„1(went-sr-ix, rrr;l c c-+r other-s44a'rvethattes•�spanxers ^+-aau-rr=estmt-cargxntzutla tc-F:+rddr+g-e-krat'.tab3rrau#g+9e.;,,phitartlyreftc,educatiesat,on-elate tni.:;tittrtiortr,-wti-r#nth a.--shwas-nau:1--be 1.8c-a:ed-ea;-pri+.rat #3feTett...asr4the-ergan—ization-- iaa ve-pet=+r ,-i -frem t e-pre'ape-rt'y-ow.f eA=En f4ace-the-x.iyyvsn-the+¢-proper-tog(-Sigf4his-t-yp&-e-am-b,t-raft-rwerfuesudy -a+aet-ar. exerrzpt-frem'u.ubseetien-ty- 444(0)4 16 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 to •Themi-.44mem-..4g -.32-5quafefeet, -Themaxi+m-kmheigh•tis-s•ix•-feet. dA-osueshsaswss..xaftow#.prmedxex-simsey....bwhassatatohx-ttsc.ahty at a giver-Om, tile nonprofit ofgaRizaeoti-ftmeti.:Ni., •e•,---•:•14Kertis••. nctie-R4m4st. . •..,-itls--E41.:7-0-ran-acijasert .•smotosiasses44s .a nonprof4tergi•on...letea-withirl4he-City-e-f-Wylie, S•ign-s•- • .on- .„ mithoeft•-writtel-w.;oat ofth•e4i.„., '"••-preiwty-own-er, (12) Garage sale signs. a. Garage sale signs shall not be erected earlier than two days prior to the sale and must be removed immediately after the sale but in no case longer than one day following the sale. b. Garage sale signs shall be located only on private property with the consent of the property owner. c. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. d. Garage sale signs shall not exceed six square feet in area. (13) Home improvement signs. a. Home improvement signs may be erected that display the name of a roofing,fence,pool,landscape or other home improvement contractor currently providing such services on the premises. b. A home improvement sign is allowed only on the lot on which the improvement is occurring. c. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. d. The home improvement sign must be removed 30 days after it is erected or upon the completion of the work, whichever occurs first. e. Home improvement signs shall not exceed six square feet in area. f. A maximum of one home improvement sign shall be allowed on the lot at any one time. (14) Temporary religious signs. a. Temporary religious signs may be erected during times of worship provided the sign is placed no earlier than two hours prior to worship and is removed no later than two hours after worship. b. Signs shall be located only on private property with the consent of the property owner. c. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. d. Signs shall not exceed 36 square feet in area. (15) Yard signs. a. Signs shall be located only on lots containing an occupied single-family,two-family or multifamily dwelling. b. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. c. Signs shall not exceed six square feet in area. (16) Zoning signs. a. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. b. Signs shall not exceed six square feet in area. 1,121._Signs held by pedestrians.Any sign held or carried by a person for the purposes of advertising or otherwise drawing attention to an individual,business,commodity,service,activity or product,or a person dressed in a costume for such purposes,must be located at least 2.04x feet from the street pavement of any right-of-way,and located on the property where the event,activity or thing that the sign advertises or draws attention to occurs or is located. imj_prouno...5ign a. Limited to two temaorary_sigmper commercial lot with an active certificate of occup,ancy,except that only_pne Formatted:Indent:Left: 1",Tab stops: tem mrar n is.:errnitted per occupancy on a multi-tenant platted properly, 1.25",Left i. All temporary signs mast be constructed with metal frames and have a maximum size of sin.sTJAre feet, „ [ Formatted:Indent:Left: 1" A.31 tempo:Jig_sign.s must be on t€1tEroattly._where the event,activij,/, thing±ta,t,tte sijo acEyertisspr, draws attention to occurs or is located and maybe located1.421:otim.E2ELejltkt.. (Ord.No.2009-21,§3(Exh.A),8-11-2009) 17 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 Sec-22446tion 22-446.General sign regulations. (1) Flags. a. All flags shall comply with Title 4 of the U.S.Code,when applicable. b. Flag poles must be located at least 15 feet from any property line. c. The maximum height of a flag on a lot with a residential use is 25 feet.The maximum height of a flagon a lot with a nonresidential use is 35 feet. d. No flag or flag pole may be located within any governmental or utility easement. e. A businesses or nonprofit entity may erect a maximum of three flags per tract of land,only one of which may include the flag for the business and/or nonprofit entity.A flag showing the emblem or logo of a business or nonprofit entity must be located on the same tract of land as that business or nonprofit entity.No flag shall show the emblem or logo of a business or nonprofit entity that is located on a separate tract of land. (2) Obscenity.No person shall display on any sign any obscene matter as defined by Section 43.32(a)(1),Texas Penal Code,as amended,or any matter soliciting or promoting unlawful conduct.Any sign which contains obscene matter must be removed within 24 hours of notice.The owner or person in control of the property on which the sign is located shall be responsible for compliance with this section. (3) Obsolete signs.All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed.Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after over painting.The owner of the property on which the sign is located shall be responsible for removal of the sign within 30 days of obsolescence. (4) Maintenance of signs.All signs shall be maintained in good condition.Signs which are damaged in any way,rusty or have peeling paint do not meet minimum maintenance criteria and shall be brought into compliance,or the sign must be removed, no later than the tenth day after written notice of such violation is sent to the property owner,permit holder or person in control of the property,via certified mail.The owner of the property,permit holder or person in control of the property on which the sign is located shall be jointly and severally responsible for compliance with this subsection. (5) Wind pressure and dead load requirements.All signs shall be designed in accordance with all of the following requirements; set forth in section 22-448,Table B-1,Building Code Exposure Category C,constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive the minimum dead loads as required by the building code and regulations of the City of Wylie. (6) Obstructing doors,windows,or fire escapes.It shall be unlawful to erect,relocate,or maintain a sign in any manner that prevents free ingress to or egress from any door,window or fire escape,or to attach any sign to a standpipe or fire escape. (7) Placement of advertising matter. a. No person shall place on or suspend from any building,light fixture,pole,structure,sidewalk,parkway,driveway or parking area,any goods,wares,merchandise or other advertising object or structure for the purpose of advertising such items other than a sign,as defined,regulated and prescribed by this article,except as otherwise allowed by this article or another ordinance. b. No person,firm,corporation or association of persons shall paste,stick,tack,nail or otherwise place any advertisement,handbill,placard,printed,pictured or written matter or thing for political advertising or other advertising purposes upon any fence,railing,sidewalk or public telephone,electric or other utility pole,or any other public property,including trees thereon or to knowingly cause or to permit the same to be done for his benefit. c. It shall be unlawful for any person to scatter or throw any handbills,circulars,cards,tear sheets or any other advertising device of any description,along or upon any street or sidewalk in the City of Wylie. (8) Signs prohibited on or over public property.Except as otherwise provided for in this article,no portion of any sign shall be erected on or over public property,or in the right-of-way of any thoroughfare within the city,except for psoiectleg signs in the downtown historic district meeting regulations in the Toning Ordinance££.,A4 rrt::tvoas-2i-44n(1+,}-eend 22 448.4n th arti de. Signs violating this provision shall be considered illegal signs and may be removed and disposed of by the city in accordance with this article. (9) Illumination of signs. a. No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. b. Moving,flashing,changing color,beacons,revolving or similarly constructed signs shall not be allowed,except for electronic signs showing time and temperature. c. Sign illumination may only alternate on and off at a rate equal to or less than 12 times in an hour,excluding time and temperature signs. 18 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 d. A sign in a residential district,where allowed by this article,may be illuminated.Any illumination shall be located so as not to produce intense glare or direct illumination across the bounding property line.Internal illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. e. Searchlights.Searchlights may be permitted in accordance with any applicable regulations.A permit for use of an advertising searchlight may be granted under the following additional regulations: 1) A searchlight shall be located a minimum distance of 50 feet from a public right-of-way and positioned so as to project all beams at a minimum angle of 30 degrees from grade level. 2) The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foetcres fctpf candle power.No more than four beams of light may be projected from any premises. 3) All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the rights-of-way or adjoining property,and no light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle,or to create greater than 0.5 teotmesedlesfoot.ranriles at four feet height at the property line. 4) No advertising searchlight may be operated between the hours of 11:00 p.m.and 7:00 a.m. 5) No advertising searchlight may be operated en-a-lsr'•essaise;on_a_r_,remise for more than seven consecutive days.No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six months preceding the date of the permit application. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Sec.22-447tion 22-447.Attached sign regulations. Unless otherwise specifically provided,the regulations set forth in this section shall be applicable to all attached signs that are allowed under this article. (1) Wall signs. a. Where allowed.Wall signs shall be limited to buildings located in a nonresidential zoning district or to churches, apartments,schools and other nonresidential uses,with the exception of model homes,located within a residentially zoned district. b. Installation requirements.All signs and their words shall be mounted parallel to the building surface to which they are attached,and shall project no more than 18 inches from that surface,except for projecting signs as allowed in subsection 22-447(6).Wall signs shall not extend above the wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs,but only as promotional signs as allowed in subsection 22-450 c. bilithrtettigessitetagerw-WailexigessebialisnoWwieeecittiwirifeltewintitaretawithediblese ll<�xin-irirr�ithrtiiiin area.Walt signs may be instated on each face of a bsildinctbescribr d in subsection 22-44 701)(a)exert for ibis located on the side or rr rrwbr w'a,,,,,, t, n,t,,,;i��a ¢=re t n^i;,n cr[tn taco en atithiacant residential tonang b aGtricYt. Signs shall not exceed 75% of the rNidth_of the_t?r marry hh a[a of the building,and the combined area of all wallbiges.hall not exceed 450 square feet for signs;located ate height of 21 feet or te or 600square feet for sighs located above a taof[tt of"if, feet.The height of such sighsshall be measured from the bottom of the sign to grade level.Wall siggs.mounted 4u the side or rear of a her€lain shall not exceed the., rsare footage area of s€..ns mounted to the front of the building Wall signs shall not exceed the following hu,=,rght.schedules: 4e, Aer-atea•ef•s•ea-stgr+kxcatedri-,a-fseigbe;f-4-fe ..,-1n.;,s-tre#erdTe-eee square foot c,f-rfgta.a ther linettethixg aftbrield g-f;-aritaae#or,a-sittglettenat^gbtt;lcling;eetteest-ichwee-fehistagc iea-sfiaeaiti•pie•ieriaaF bbitleithg;itet-te-mxeeet4-4;50-sgsate exert: it. We.I signs mounted to a building located within N,OO feet or less from a street shall not exceed a height of tmo feet. 2. Atx attael -eigro-iorairet#naetr a4seight-+af 2tafcet-<,h el-lrtect-pa-rrrttteci areihcr-easrritr rre+,r xritxr t edfecitave area.-.reek toireas'a-sha:!-+•t-Ex;,eeedt-few-sgoare-feet-ir+effe etivr.area-for-eeaela edeliticssat-eee-featrof 19 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 4eighddchiced2ti4heo4'eitedisktoedi.foomi4ildetbatbmehit4m-sigfw0gois ,04333Mbideorsectit idtxxhime- iTm9d44R-Apf-t-s-e-of-600-siitl.9 -teet3. Wytalf_digins mounted to a build log located within 101 to 200 feet fromitthcftreetishdll hoth_exceed itt .110111h11,11frt0=tfttflIt ditititichetimArts- idlcdoatedricimanytha- medmeip1cfebbigns-fecatedforttlawsidebordreabwalhofra whiwerthwhigmbwhid1 ' -e miderrifialbmwdiddrdistitiot. 3. Wall signs mounted to a budding located within 201 feet or more from the street shut not exceed a height of four feet -1-Moir 54/4-1.014-hebefthictivecdorcamdfxdflbattidelw.-43316mowtht t exceed-theallowable-effeetivexamm • Formatted:Indent:Left: 1.75, No bullets or wittocified Wu e4ev 2,a.CAVe,whichawir 5tildbeetifehoismbpptleattite.Sigrweici addin xioado shaft numbering rtal--e3ta7^-C44-19.e-s-igma-•aPowed-i,n- b5ect4-9n above; Formatted:Font:8 pt (2) Signs attached to a building(s).No portion of any type or style of a sign will be allowed to project above the vertical plane of the exterior wall,parapet,mansard or the fascia panels of a canopy upon which they are attached. (3) Illumination of attached signs.Attached signs may only be illuminated utilizing internal lighting.Exterior letters with exposed neon lighting are allowed. (4) Window signs.Window signs do not require a permit or a permit fee.Window signs must meet the following regulations: a. Window signs must not obscure more than 25 percent of the window area per lid nolfaithatdo. b. The sign area shall be measured by drawing a rectangular or square box around the sign elements,then multiplying the height by the width.For signs whose shape is irregular,the box must enclose all elements of the sign. c. No illuminated window signs shall be allowed within two feet of the window surface,except for open/closed signs. (5) Awning signs.Awning signs must meet the following regulations: a. An awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet in height and shall not be placed less than eight feet above the sidewalk. b. Artwork or copy on awning signs shall be limited to a business name and/or logo. c. The artwork or copy for an awning sign shall not exceed 20 percent of the area of the awning and shall extend for no more than 60 percent of the length of the awning. (6) Projecting signs. a. Signs shall be constructed of noncombustible material. b. Signs shall not project more than three feet,measured from the building face and shall not be closer than two feet from the back of the curb line. c. Signs shall be at least eight feet above the sidewalk. d. Signs may be illuminated in conformance with this article or other applicable city regulations. e. Signs shall be compatible in design,shape,and material with the architectural and historic character of the building. f. Signs shall not exceed 16 square feet per sign face. (7) Canopy sign.Canopy signs must meet the following regulations: a. A canopy sign may be attached to,or be an integral part of the face of a canopy. b. A canopy sign may consist of only the name and/or logo of the business at the location of the canopy. c. The artwork or copy on a canopy sign shall not exceed ten percent of the face of the canopy,or a maximum of 25 square feet,whichever is greater. d. An illuminated stripe may be incorporated into a canopy.The stripe may extend along the entire length of the face of the canopy.The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy.The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. (8) Electrical signs.Every sign with any type of electrical connection must be recognized by an approved listing agency with a permanent label properly affixed or be designed and assembled by a state licensed master or sign electrician registered with the City of Wylie.An electrical permit and approved inspection are required prior to the erection or attachment to the permanent structure. (Ord.No.2009-21,§3(Exh.Al,8-11-2009) Sec,.2'ilation 22-448.Monument sign regulations. (1) General requirements. a. All monument signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign.Sculpted aluminum sign panels and plastic panel signs are allowed to be utilized on monument signs. 20 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No,2005-07 b. No sign shall be installed in such a way as to obstruct a motorist's view of oncoming traffic when stopped at an ,..;xbtiry exisi.fn,drive or at the intersection of two(or more)public streets.The motorist's eye is assumed to be at a point 15 feet from a point determined by the intersecting curb lines or the edge of the roadway whichever is more stringent.Traffic must be visible for a distance of ten times the speed limit on either side of the vehicle parallel to the intersecting roadway.This shall be applied to all public and private approaches affected.See Illustration 2-1[at end of article]. c. No sign shall be placed in or extend beyond the vertical plane of a property line,public street,sidewalk,easement or right-of-way. d. A monument sign must be separated by at least 100 feet from any other monument sign on the same property, measured along the right-of-way. e. Changeable message signs.Monument signs shall include a maximum area of 32 square feet that incorporates changeable messages or lettering,as defined,in the sign face.Such messages shall not blink,flash,or scroll. Changeable message signs are allowed to change their message a maximum of once every eight seconds. f. Street addresses.On-premises signs shall display the street addresses of the business location it advertises in numbers at least five inches high on each monument sign in legible form within 40 feet of the nearest public roadway.Such numbers shall increase one inch in height for each additional 40 feet,or fractional part thereof,the sign is located from such roadway and utilize contrasting colors. g. Every sign with any type of electrical connection must be listed by a recognized listing agency with a permanent label properly affixed. h. Properties with single tenants.Businesses located on individually platted land including individual pad sites within a shopping center,apartments,schools,model homes and other nonresidential uses located on residentially zoned property are permitted to erect monument signs that comply with the following regulations: 1) Maximum display area allowance is 9690 square feet. 2) Maximum height is 12 feet. 3) Maximum width is 1r.w66 feet. i. Properties with multiple tenants.Multiple business signs(MBS)advertising multiple business in a common center(s) shall observe the following specific rules and regulations as identified in Table B-1,in addition to all other regulations herein contained.Shopping centers and/or office complexes with multiple tenants are permitted to erect monument signs that comply with the following regulations: 1) A multiple business sign shall not be erected,constructed,or maintained within 100 feet of any other sign except for signs on the buildings of the businesses advertised on the multiple business sign and traffic,street or directional signs. 2) There may be more than one multiple business signs on each street frontage.The minimum distance between each such multiple business sign shall be in compliance the requirements of Table B-1. 3) A multiple business center(MBC)with less than 100 feet of street frontage shall be permitted no more than one multiple business sign. 4) Maximum size shall be in compliance the requirements of Table B-1. 5) Maximum height shall be in compliance the requirements of Table B-1. TABLE B-1 Number of Maximum Maximum Display Area Max Minimum Distance Minimum Wind Load Tennant Spaces* Allowable Height Allowable Width Between MBS Design Speed** 2-4 14 feet 12 feet 128 feet 100 feet 100 MPH 5-8 16 feet 12 feet 160 feet 100 feet 100 MPH 9-12 19 feet 14 feet 216 feet 300 feet 110 MPH 13-16 25 feet 16 feet 320 feet 300 feet 110 MPH 21 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 * The minimum dimension allowance of any business or otherwise tenant space shall not be less than 30 linear feet in width as measured along the display or advertised frontage of any building,space or structure.In no case will this consideration take precedence over any zoning building and/or fire code requirements or amendments through adoption by the City of Wylie. **The minimum wind load design speed shall be designed and engineered to Wind Exposure Category C or better and bear the stamp of a professional structural engineer legally licensed by the State of Texas. (2) Fuel pricing signs.A fuel pricing sign must be integral to the permitted sign for the site and shall satisfy the following additional requirements: a. The fuel pricing sign shall only reflect the most current price of fuel available for purchase at that location and must be a monument sign. b. y-Theslit may not scroll,flash,or change more frequently than twice a day. c. The overall sign dimension shall be in compliance with Table 8-1,must comply with all other regulations and the pricing display may not exceed two-thirds of the gross sign area per sign face. d. Only one pricing display is allowed per site. e. Internal illumination may be used for the pricing display. f. Changeable reader boards of a manual type may be used if proper design is employed to keep the changeable panels safely in place at the minimum wind load design speed in compliance with Table 8-1. (3) Material regulations.All monument sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick.The sign support must be constructed or covered with the same masonry material as the principal building,or stone,or brick.Sculpted aluminum or plastic sign panels will be allowed.All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure. (4) Illumination.Monument signs may be illuminated by a ground lighting source where the light itself and supporting structure are screened from the public right-of-way.Ground lighting must be of one constant color and not pose a traffic concern as determined by the City of Wylie.Signs may be back lit using internal lighting. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Sec:- 2-a49toe22-449.Other types of signs. This section provides standards for specific types of permanent signs permitted by this article. (1) Menu board signs.Menu board signs must meet the following regulations: a. Menu board signs may be attached or monument signs. b. The maximum height is 74x feet. c. The maximum sign area is 4824 square feet.Only one sign face is allowed per sign,but may be compartmentalized to appear as only one sign panel face assembly. d. All menu board signs shall be located at the side or rear of the principal building.If two signs are erected they must be at least 12 feet apart. e. Internal illumination may be utilized for the sign panel. f. Any sign must be located at least 15 feet from any property line. (2) Subdivision entry signs.Subdivision entry signs must meet the following regulations: a. Comply with the general requirements of monument signs. I, May not exceed'=cverr/feet in height from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer. h. c.MM Subdivision entry signs may be attached to a wall at the subdivision entrance or installed as a monument sign. d. Attached signs may not project above the top of the wall on which they are attached. e. The maximum sign area is 32 square feet for attached signs and may r,ot exceed 96 square feet for a monument sign. f. Only one monument sign or two attached signs may be placed at each subdivision entrance.A monument sign may have the subdivision name on both sides. 22 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 g. Monument signs may be located in the median at the street entrance if approved by the city in an approved plat, within a developer's agreement,or by separate approval of planning and zoning commission. (3) Directory signs.Directory signs must meet the following regulations: a. Directory signs may be either attached or monument signs. b. Directory signs must be located a safe distance from the entry drive and the public right-of-way as determined by the city's engineer. c. Only one directory sign is allowed per street entrance. (4) Institutional signs.Institutional signs must meet the following regulations: a. Institutional signs may be attached and/or monument signs. b. Institutional signs may include a reader board,subject to the following limitations: 1. Reader board must be integral to the permitted sign for the site; 2. Messages on the reader board,whether electronic or manual,may not scroll,flash,or change more frequently than once a day; 3. Manual reader boards using movable lettering must have a lockable covering; 4. The reader board display cannot exceed two-thirds of the gross sign area per sign face,excluding a monument sign border; 5. Internal illumination may be utilized for the reader board sign panel. (5) Kiosk signs.Kiosk signs must meet the following regulations: a. Procedures for installing a kiosk sign. 1. Kiosk signs may only be installed pursuant to an executed concession contract approved by city council. This concession contract shall grant a person or company(the"concessionaire")the right to design, erect,and maintain kiosk signs within Wylie and administer the kiosk program as set forth by that concession contract. 2. Once a concession contract is approved by city council,the concessionaire shall submit a map, elevations,and any other documentation deemed necessary by city staff,showing the location and design of the proposed kiosk signs to the director of planning,building official,and the director of public works.Upon review of the map,elevations,and any other applicable documentation,the director of planning,building official,and director of public works shall make a recommendation to city council as to whether the location and design of the proposed kiosk signs should be approved,denied,or modified. 3. City council may approve,deny,or approve with modifications the location and design of the proposed kiosk signs as shown on the map,elevations,and other applicable documentation.Modifications include, but are not limited to,modifications to the color of,or materials used in,the sign panels.No party may erect a kiosk sign without city council approval of the location and design of the kiosks. 4. The concessionaire must comply with all permitting requirements set forth in this article. b. Location of kiosk signs.Although the city council has the authority to determine where kiosk signs may be located, locations must at least meet the following criteria: 1. The location of kiosk signs must not create traffic hazards.The obstruction of the visibility of motorists, pedestrians,or traffic control signs will constitute a type of traffic hazard.Wylie's engineering division shall review the location of each proposed kiosk sign.A kiosk sign shall not be installed if Wylie's engineering division determines that the location of the proposed sign would create a traffic hazard. 2. The location of kiosk signs must not interfere with the general use of and handicap accessibility of sidewalks,walkways,bike,and hiking trails. 3. The location of kiosk signs must not interfere with any public utilities or be located in a utility easement. 4. Kiosk signs must not be located within a sight visibility triangle. 5. Kiosk signs must not be placed adjacent to a lot with a residential use without the prior written consent of the owner(s)of that lot as shown on the most current tax roles.Proof of prior written consent must be attached to the concessionaire's permit application.If a residential use is placed on a lot adjacent to a pre-existing kiosk sign,no written consent is necessary for that kiosk sign to remain. 6. A kiosk sign must be located at least 100 feet from all other kiosk signs. 7. Kiosk signs must not be located within a median. 8. Kiosk signs must be located at least five feet from the edge of curb or pavement line,which includes improved surfaces and shoulders. c. Design of kiosk signs.Although city council has the authority to determine which designs are appropriate,designs must at least meet the following criteria: 1. At least one sign panel on each kiosk sign must provide directions to a municipal facility or provide information about an upcoming city-sponsored event. 2. Kiosk signs may not exceed 12 feet in height and four feet in width, 23 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 3. Kiosk signs must include breakaway design features as required by the Texas Department of Transportation's sign mounting details for roadside signs.Break-away fittings must be installed below grade or concealed from public view in another manner approved by city council through the building inspections department. 4. The font and color of the kiosk signs must be uniform throughout the entire sign. 5. Kiosk signs shall not be illuminated. 6. There must bean identification panel at the top of each kiosk sign that displays only the name and official logo of the city. 7. No signs,pennants,flags,streamers,balloons or other devices or appurtenances used for visual attention may be attached to kiosk signs. d. Variances to kiosk sign regulations.No person or party may obtain a variance to the kiosk sign procedures or regulations set forth in this article. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Sec,22 4.54t on 22-45C.Regulations for temporary signs. (1) Development signs.Development signs are allowed subject to the following regulations: a. Development signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts. b. Development signs must be related only to the property on which they are located.They may be monument or pole signs provided that a minimum of two vertical sign supports are utilized. c. Maximum height of a development sign shall be 15 feet. d. The required setback shall be ten feet from the front property line and ten feet from the side property line. e. The maximum sign area per sign face shall not exceed 60 square feet. f. Each development site may have one such sign for each 50 acres,or any portion thereof,under active development. g. A development sign must be removed when the project is 90 percent complete.In the case of a commercial project, 90 percent complete means when a certificate of occupancy is issued for a shell building or prior to final inspect.ions.For a residential project,90 percent complete means when 90 percent of the lots in the subdivision have received building permits. (2) Real estate signs.Real estate signs are subject to the following regulations: a. Real estate signs may be erected in nonresidential and residential zoning districts and shall not require a permit. b. Real estate signs may be attached,monument or ground signs. c. The maximum sign area shall not exceed nine square feet and a maximum height of four feet for property located in a residential zoning district.Signs located in a nonresidential zoning district shall not exceed 32 square feet in sign area and ten feet in height. d. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. e. No more than one sign shall be located for every two acres in a tract of land or portion thereof and must be related only to the property on which they are located. f. A real estate sign shall be removed upon the sale or lease of the property. (3) PromotionalR s ffeaaaf signage.Businesses that erect signs under the provisions of this section shall not display a sign that states"Going Out Of Business,""Quitting Business"or similar message more than one time.Promotional signs are subject to the following regulations: a. All prong tiona rrro+t+otdonal signage requires a permit.A maximum of two permits are allowed for each calendar year.A separate permit is required for each two-week period promrytionalgrneotkmA signage will be used. Promotionalprorrtotiarsa4 signs will be considered as a group and not as each individual sign,streamer,banner,etc. b. i'omotionalfroraetio r-al signage may include flags,pennants,streamers,balloons,inflatable signs,and any legal signs allowed by this article.Additionally,a maximum of two banners is allowed,in addition to flags,pennants, streamers,balloons,inflatable or other promotional signage per permit. c. Promotional tiorN4 signage is allowed for two,two-week periods each calendar year per legal business subject to the following: 1) A two-week period will commence on the first day Promcrtianalproor #e41,11signage is displayed. 2) The two-week periods shall not occur in the same or consecutive months. 3) A legal business shall include any commercial,industrial,or institutional use for which the building inspection department has issued a certificate of occupancy. 24 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 4) In the case of a special prpmotionpr-rsrrrs td an for a grand opening celebration,one period may be extended to a ti-p:.. -week3O ddy period provided the promotions r rttotion commences within the first three months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. L�r oist+emeotswi:7ess.-thyot;ss-ids4t-t-ioitai-ye*a -of-apennti0rr-is-akkevda.:n-to-ox-tomt-tamttmepp¢eff•r5ios 4 siwe-rare-lisp;ayc=pi-e4 e-t Rem frz=xn-two-weeks-to-30-cbays, d. Any device described as Qprornotionaipeormet ossol signage shall not exceed an overall height of 40 feet measured from ground. s:The setbacks are a minimum of 15 feet from street curb,Rgkr5-o€,m a +r+m rs?t e p rty Imes otkrr=r-tha+s tkrr-,se-€c`afe-rty-Imp,os-3=mttir -the...,.stseoteipbt-okway: (Ord.No.2009-21,§3(Exh.A),8-11-2009) "* Formatted:List Paragraph,Indent:Left: 0.75" Section 22-451--22-480.Reserved: 25 Ordinance No.2014-44 Sign Ordinance Changes from Ordinance No.2005-07 (2.' 0 = 0- O 5 5 2 z p rt) NJ 0 11. .1w 3 10 X SPEED LIMIT 0 a (1) -T 15' 300' &,30 MPH T 35 Mt 400' -40 MPH ti 550' 55 MPH -- --- ILLUSTRATION 2-1 SIGN SIGHT TRIANGLE 0 CD (D ORDINANCE NO. 2014-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES NO. 2005-07, CHAPTER 22 (BUILDINGS AND BUILDING REGULATIONS), ARTICLE XX (SIGN REGULATIONS), SECTIONS 22-441 (INTENT), 22-442 (DEFINITIONS), 22-443 (ADMINISTRATION) 22-445 (EXEMPT SIGNS), 22-446 (GENERAL SIGN REGULATIONS), 22-447 (ATTACHED SIGN REGULATIONS), 22-448 (MONUMENT SIGN REGULATIONS), 22-449 (OTHER TYPES OF SIGNS) AND 22-450 (REGULATIONS FOR TEMPORARY SIGNS), REPEALING ORDINANCE NO. 2009-21 TO ALLOW THE CITY OF WYLIE, TEXAS TO MORE EFFECTIVELY REGULATE SIGNS; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas' ("Wylie") Code of Ordinances No. 2005-07, as amended ("Code of Ordinances"), Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-445 (Exempt signs), 22-446 (General sign regulations), 22-448 (Monument sign regulations), 22-449 (Other types of signs) and 22-450 (Regulations for temporary signs) should be amended as set forth below; and WHEREAS, the City Council has further investigated and determined that such amendments should be made to allow Wylie to more effectively regulate signs; and WHEREAS, the City Council has investigated and determined that in order to most effectively make the additions, deletions, and amendments necessary, it is in the best interest of the citizens of Wylie to repeal Ordinance No. 2009-21 in its entirety and replace it with this ordinance: and WHEREAS, the City Council finds that all legal notices required for amending the Code of Ordinances have been given in the manner and form set forth by law and all other requirements for the adoption of this Ordinance have been fulfilled; and WHEREAS, the City Council has further investigated and determined that it is in the best interest of Wylie and its citizens to amend the Code of Ordinances as set forth below to promote public safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Code of Ordinances, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-445 (Exempt signs), 22-446 (General sign regulations), 22-448 (Monument sign regulations), 22-449 (Other types of signs) and 22-450 (Regulations for temporary signs). The Code of Ordinances, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-445 (Exempt signs), 22-446 (General sign regulations), 22-448 (Monument sign regulations), 22-449 (Other types of signs) and 22-450 (Regulations for temporary signs) is hereby amended as set forth below: Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 SECTION 3: Establishing Sign Regulations. The City of Wylie hereby establishes the sign regulations attached hereto as Exhibit "A", and incorporated herein for all purposes. SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing. The Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional and/or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 9th day of December, 2014. Eric Hogue, Mayor ATTESTED TO: Carole Ehrlich, City Secretary Date of Publication: December 17, 2014, Wylie News Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 SIGN REGCLATIONSDate(s) of Publication: Wylie Enterprise Error! Bookmark not defined. SECTION 22-441: INTENT 7 SECTION 22-442: DEFINITIONS 7 SECTION 22-443: ADMINISTRATION 11 1. Permits 11 2. Applications 12 3. Work Started Without a Permit 12 4. Permit Revocable 12 5. Non Conforming Signs 12 6. Inspection 13 7. Removal of Obsolete Signs 13 8. Removal or Repair of Dilapidated or Deteriorated Signs 13 9. Removal of Illegally Erected Signs 13 10. Variances 13 SECTION 22-444: PROHIBITED SIGNS 13 1. Signs Imitating Traffic or Emergency Signs 13 2. Portable Signs 13 3. Signs Violating other Laws or Ordinances 14 4. Signs Attached to Trees or Utility Poles 14 5. Signs on Sidewalks,Curbs,Gutters or Streets 14 6. Moving,Flashing,Revolving or Color Changing Signs 14 7. Pole Signs 14 8. Off-Premise Signs 14 9. Signs Attached to or Painted on a Fence,Wall or Railing 14 10. Signs Causing a Nuisance or Hazard Because of Illumination 14 11. Signs Advertising the Sale of a Vehicle 14 12. Signs Attached to a Vehicle 14 SECTION 22-445: EXEMPT SIGNS 14 1. Nameplates 14 2. Building Identification/Memorial 14 Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 3. Traffic 14 4. Signs Inside a Building 14 5. Changeable Copy 14 6. Movement Control Signs 14 7. Protective Signs 14 8. Government Signs 15 9. Holiday Lights and Decorations 15 10. Political Signs 15 11. Special Event or Public Announcement Signs 15 12. Garage Sale Signs 15 13. Home Improvement Signs 15 14. Temporary Religious Signs 15 15. Yard Signs 16 16. Zoning Signs 16 17. Signs Held by Pedestrians 16 18. Ground Signs 16 SECTION 22-446: GENERAL SIGN REGULATIONS 16 1. Flags 16 2. Obscenity 16 3. Obsolete Signs 16 4. Maintenance of Signs 16 5. Wind Pressure and Dead Load Requirements 17 6. Obstructing Doors,Windows,or Fire Escapes 17 7. Placement of Advertising Matter 17 8. Signs Prohibited On or Over Public Property 17 9. Illumination of Signs 17 10. Searchlights 17 SECTION 22-447: ATTACHED SIGN REGULATIONS 17 1. Wall Signs 18 2. Signs attached to a Building(s) 18 3. Illumination of Attached Signs 18 4. Window Signs 18 5. Awning Signs 18 6. Projecting Signs 18 Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 7. Canopy Sign 18 8. Electrical Signs 19 SECTION 22-448: MONUMENT SIGN REGULATIONS 19 1. General Requirements 19 2. Fuel Pricing Signs 20 3. Material Regulations 20 4. Illumination 20 SECTION 22-449: OTHER TYPES OF SIGNS 20 1. Menu Board Signs 20 2. Subdivision Entry Signs 21 3. Directory Signs 21 4. Institutional Signs 21. 5. Kiosk Signs 21 SECTION 22-450: REGULATIONS FOR TEMPORARY SIGNS 22 1. Development Signs 22 2. Real Estate Sign 22 3. Promotional Signage 22 Attachment-Illustration 2-1 Sign Sight(Visibility)Triangle SECTION 22-451-22-480: REGULATIONS FOR TEMPORARY SIGNS Section 22-441.Intent. (a) Signs are an important component of the urban built environment,providing important information,and directions to community residents and visitors.However: (1) The uncontrolled proliferation of signs are hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the city's transportation network;and (2) Unless the location,number,setback,lighting,and size of signs are regulated,the scattering of the signs throughout the city would be detrimental to the preservation of scenic resources and so to the economic base of the city;and (3) The proliferation of signs in the city has an adverse effect on adjacent property values;and (4) The orderly and uniform regulation of signs are a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the city. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 (b) Therefore,it is the intent of these regulations: (1) To protect the safety and efficiency of the city's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians,obstacles,other vehicles,and traffic signs; (2) To preserve,protect,and enhance areas of historical,architectural,cultural,aesthetic,and economic value regardless of whether they are natural or manmade; (3) To protect the value of adjacent and nearby properties,in particular,residentially zoned properties from the impact of lighting, size,height,movement,and location of signs; (4) To enhance the image of the city which is conveyed to tourists and visitors by controlling the location,number,and size of signs; (5) To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks,height,and spacing to allow for lighting,ventilation,and preservation of views in a manner consistent with land uses in the various zoning districts;and (6) To preserve and enhance the appearance of the city and the public interest in aesthetics,and to control and reduce visual clutter and blight. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-442.Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Alter means to change the size,shape or outline,or type of sign or to change the electrical lighting,except for the replacement of lamps not brighter than the original or the replacement of a surface panel. Attach means to stick,tack,nail or otherwise affix a sign to any object;to paint,stencil,write,or otherwise mark on an object. Awning means an architectural projection that provides weather protection,identity and decoration,and is supported by the building to which it is attached.It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials,and may be illuminated. Banner means a sign composed of cloth,plastic,paper,canvas or other lightweight fabric. Building means a structure which has a roof supported by columns,wall or air for the shelter,support,or enclosure of persons,animal or chattel. Building official means the building official for the City of Wylie or his/her designee. Canopy means a roof-like structure which shelters a use such as,but not restricted to,a gasoline pump island,and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: (1) Where elements of the surface or background can be seen as viewed from the normal viewing distance(intended viewing distance),to have portions of the finished material or paint flaked,broken off,or missing,or otherwise not in harmony with the rest of the surface;or (2) Where the structural support or frame or sign panels are visibly bent,broken,dented,or torn as to constitute an unsightly, hazardous or harmful condition;or (3) Where the sign,or its elements,are twisted or leaning or at angles other than those at which it was originally erected(such as may result from being blown or the failure of a structural support);or (4) Where the message or wording can no longer be clearly read by a person under normal viewing conditions;or (5) Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the city. Erect means to build,construct,attach,hang,place,suspend or affix,and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon,against or through which the message is displayed or illustrated on the sign. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 Flag means a piece of fabric or other flexible material usually rectangular in shape,attached to a ground supported staff on one end,and used and commonly recognized as a symbol of a nation,state,political subdivision,business,or nonprofit entity. Illuminated sign means any sign which has characters,letters,figures,or designs illuminated by electric lights,luminous tubes or other means that are specifically placed to draw attention to,or to provide night time viewing of,the subject matter on the sign face. Incidental means information on a sign that is incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Mural-means pictures or artwork painted,drawn or applied on an exterior wall that does not depict or contain advertising,logos or images of a product or service available on-site or off-site. Murals are not used to advertise products or services offered or sold on-site or off-site. Multi-tenant complex-Means a group of separate buildings platted as a single subdivision.Buildings may be on separate lots,but are contained within the same subdivision plat. Noncombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit,and will not continue to burn or glow at that temperature. Pennant means any lightweight plastic,fabric,or other material,whether or not containing a message of any kind,suspended from a rope,wire or string,usually in a series,designed to move in the wind. Premises mean a lot or unplatted tract,or a combination of contiguous lots and/or unplatted tracts of land where the lot,tract,or combination of lots and/or tracts is under single ownership and is reflected in the plat record of the city. Public right-of-way means a dedicated road or street including the easement for that road or street. Roof means any exterior surface of a structure that has a slope of less than 60 degrees and shall also include the top most portion of any structure. Searchlight means an apparatus capable of projecting a beam or beams of light in excess of one million peak candlepower. Sign means any device,including but not limited to,flag,banner,figure,picture,letter,words,message,symbol,plaque,or poster,visible from the public right-of-way or from outside the lots on which it is located and designed or intended to identify,advertise,announce,inform,or attract the attention of the public. Sign area means the actual area of a face of the sign,unless the sign is not of a regular(square,rectangle,triangle,and circle)shape.In the case of an irregularly-shaped sign,the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the"gross surface area."In the event two or more signs share a single structure,each sign or panel may be considered separately for square footage purposes,except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign,attached means any sign attached to,applied on,or supported by,any part of a building(such as a wall,roof,window,canopy,awning, arcade,or marquee)which encloses or covers usable space.Neon tubing attached directly to a wall surface shall be considered a"wall sign" when forming a border for the subject matter,or when directing attention to the subject matter or when forming letters,logos,or pictorial designs. Sign,awning means a sign attached to an awning. Sign,canopy means a sign attached to a canopy. Sign,changeable message means a sign whose face is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of the sign or changed by electronic means. Sign,development means a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder,property owner,architect,contractor,engineer,landscape architect,decorator,or mortgagee, within that development,but shall not include a subdivision marketing sign. Sign,directional means any on-site sign to direct the public to entrances,exits and services located on the property on which the sign is located. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 Sign,garage sale means any on-site promotional sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit entity. Sign,ground means a temporary sign suspended or supported by one or more uprights or braces anchored into the ground with no more than 30 inches of clearance from the bottom of the sign to the ground below. Sign height means the highest elevation of any part of a sign structure measured from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer of the street or road for which the sign fronts. Sign,home improvement means any on-site sign that displays the name of a roofing,fence,pool painting,landscape or other home improvement contractor. Sign,inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign,institutional means a permanent on-site sign used to identify governmental and municipal agencies,public schools,churches,or similar public institutions,and used to communicate messages of public importance to the general public. Sign,kiosk means a ladder-style sign with multiple panels that is installed within the public right-of-way,complies with subsection 22-449(5), and either provides direction to Wylie residential subdivisions and/or municipal facilities or provides the public with information about upcoming city-sponsored events.To aid in the identification and location of residential subdivisions,a kiosk sign may include the name of a developer or homebuilder when providing directions to that developer's or homebuilder's residential subdivision. Sign,menu board means an on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign,model home means any sign identifying a new home,either furnished or unfurnished,as being a builder's or contractor's model open to the public for inspection. Sign,monument means any detached sign made from masonry,concrete materials,wood or plastic provided that a masonry or metal base is incorporated into the sign,with no separation between the base of the sign and grade. Sign,movement control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign.Movement control signs shall not advertise or otherwise draw attention to the premises,an individual,business,commodity,service, activity or product. Sign,nonconforming means a sign and its supporting structure which does not conform to all or part of the provisions of this article,and: (1) Was in existence and lawfully erected prior to the effective date of this article; (2) Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto,or which was considered legally nonconforming there under,and has since been in continuous or regular use;or (3) Was in existence,located,and used on the premises at the time it was annexed into Wylie and has since been in regular and continuous use. Sign,obsolete means any sign that no longer serves a bona fide use or purpose. Sign,off-premises means a sign displaying advertising copy that pertains to a business,person,organization,activity,event,place,service or product not principally located or primarily manufactured or sold on the lot on which the sign is located. Sign,pole means any sign erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. Sign,political means a sign: (1) Relating to the election of a person to a public office; (2) Relating to a political party; (3) Relating to a matter to be voted upon at an election called by a public body;or (4) Containing primarily a political message. Sign,portable means a sign that is not securely connected to the ground in such a way that it can easily be moved from one location to another and is not a vehicular sign. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 Sign,projecting means any sign which is attached to and supported by a building or wall and which projects outward from the building or wall, generally at a right angle. Sign,promotional means any type of sign used for special promotions,including but not limited to,grand openings,anniversary celebrations, sales,and other such events. Promotional signs include,but are not limited to,banners,pennants,streamers,balloons,flags,bunting, inflatable signs,and other similar signs.Promotional signs are temporary in nature. Sign,protective means signs that identify or warn of any security devices located on the premises,including guard dogs. Sign,reader board means any sign comprised of changeable letters that allows a change of sign copy by adding or removing letters.The sign copy shall conform to the category use of the sign allowed by this article. Sign,real estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign,sandwich board means a movable advertising or business ground sign not secured or attached to the surface upon which it is located,and is constructed in the form of an"A"or tent-like shape. Sign,secondary means a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building,but that does not project above the highest point of the building. Sign sight triangle interchangeable with sight visibility triangle shall mean the triangle formed at an intersection by intersecting curb lines and a non-curb line joining the curb lines.The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive or at the intersection of two(or more)public streets.The motorist's eye is assumed to be at a point 15 feet from the edge of the roadway.Traffic must be visible for a distance of ten times the speed limit on either side of the vehicle parallel to the intersecting roadway.No sign shall be placed in or above the triangular area created by the motorist's view described by this subsection(see Illustrations 2-1).This will include those areas that may pose a pedestrian safety concern as determined by the City of Wylie. Sign,Temporary means a sign not intended or designed for permanent display.Any sign,banner,pennant,or advertising display intended to be displayed for a time period not exceeding 2 weeks. Sign,subdivision entry means any permanent on-site sign identifying a subdivision located in a residential zoning district. Sign,temporary religious means a sign that advertises the name of and provides direction to a religious organization or group that is temporarily operating in a school or other facility. Sign,vehicular means any sign placed on or affixed either permanently or temporarily to vehicles and/or trailers that are parked on a public right-of-way,public property,or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited.However,this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers,such as lettering on motor vehicles,where the sign is incidental to the primary use of the vehicle or trailer. Sign,Wall Any sign attached to or painted on a wall of a building or structure so that the wall forms the supporting structure or becomes the background of the sign and which does not project more than 18 inches from the wall. Sign,window means any sign,banner,poster or display located on the internal or external surface of the window of any establishment for the purpose of advertising services,products or sales available within such establishment or which announces the opening of such establishment. Sign,yard means any sign that publicizes the arrival of a newborn,a birthday,a personal special event or the participation of a family member in a school activity or sport.Yard signs shall also include signs that advertise the presence of a home security system. Sign,zoning means any sign provided by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. Sign contractor means a general contractor. Sign setback means the horizontal distance between a sign and the front or side property line,as measured from that part of the sign,including its extremities and supports,nearest to any point on any imaginary vertical plane projecting vertically from the front or side property line. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 Sign support means any pole,post,strut,cable or other structural fixture or framework necessary to hold and secure a sign,providing that said fixture or framework is not imprinted with any picture,symbol or word using characters in excess of one inch in height,nor is internally or decoratively illuminated. Sign width means the widest dimension determined by the largest measurement of all supports,projections or any part of a sign structure on any horizontal plane. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning district,nonresidential means any zoning district designated by the zoning ordinance of the City of Wylie as NS,CR,CC,BG,LI,HI,PD, FP,DTH,and SBO. Zoning district,residential means any zoning district designated by the zoning ordinance of the City of Wylie as AG/30,ED,SF-20/26,SF-10/24, TH,MF,and MH. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-443.Administration. The provisions of this article shall be administered by the building official. (1) Permits. a. Permit required.In addition to the other permitting requirements set forth in this article,no person shall erect, construct,relocate,alter,repair or maintain any of the following type of signs unless a permit has been issued by the City of Wylie and the fee paid for such erection,construction,relocation,alteration,repair,or maintenance of such sign: 1. Awning signs. 2. Canopy signs. 3. Changeable message signs. 4. Directory signs. 5. Institutional signs. 6. Menu board signs. 7. Movement control signs. 8. Monument signs. 9. Nonconforming signs(for relocation,alteration,and/or repair only). 10. Projecting signs. 11. Reader board signs. 12. Secondary signs. 13. Subdivision entry signs. b. Permit fees and sign contractors.Permit fees are contained in appendix C of the Code of Ordinances.A permit may only be issued to a sign contractor that carries at least$300,000.00 of general liability insurance and provides evidence of such insurance coverage to the building official when they submit the permit application. c. Permit expiration.A permit for a sign shall expire if an inspection has not passed within 90 days from the date of issuance of such permit. d. Electrical permit.Where signs contain electrical wiring and connections,an electrical permit must also be obtained in addition to the permit for the sign.No sign shall be erected in violation of the city's electrical code or regulations. e. Not to issue to persons previously failing to pay fees.The city shall not issue a permit under the provisions of this article to any person,business,entity,organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this article. f. Easements.No sign shall be located in any easement other than a landscape easement. (2) Applications.All applications for permits shall include each of the following: a. A completed permit application. b. A plot plan declaring all property lines,setbacks,easements,rights-of-way,other existing signs maintained on the lot and the required distance separation to the closest monument sign in any direction scaled to linear feet. c. A scaled drawing of the height,width and display area of the proposed sign. d. A drawing of the lot plan or building facade indicating the proposed location of the sign,specifications,materials and landscaping plan. e. Electrical plan and load requirements. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 (3) Work started without a permit.No sign requiring a permit may be erected or installed without first having a permit.If any work for which a permit is required by this article has been commenced without first obtaining a permit the following shall apply: a. Investigation.A special investigation to determine compliance shall be made before a permit may be issued for the work. b. Investigation fee.In addition to the permit fee,an investigation fee shall be collected whether or not a permit is then or subsequently issued.The investigation fee shall be equal to the amount of the permit fee required by this city.The payment of the investigation fee shall not exempt any person from compliance will all other provisions of this article nor from any other penalty prescribed by law. (4) Permit revocable. a. The city may suspend or revoke any permit issued under the provisions of this article whenever it shall be determined that the permit is issued: 1. In error;or 2. On the basis of incorrect or false information supplied;or 3. In violation of any of the provisions of this article;or 4. In violation any other article of this city or laws of this state or the federal government. b. The suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued,the sign owner,or to the property owner upon whose property the sign is located. c. Any signs installed or existing under a revoked permit shall be removed by the permit holder,sign owner,or property owner within ten days of written notice of the revocation. (5) Nonconforming signs. a. Nonconforming signs in the City of Wylie shall be subject to the regulations set forth in the Wylie Building Code,as amended,except as otherwise set forth herein. a. A nonconforming sign and/or its supporting structure,which is destroyed,damaged,dilapidated or deteriorated, shall not be replaced,repaired or renovated,in whole or in part,if such replacement,repair or renovation would require an expenditure of monies in excess of 60 percent of the cost of a new sign,including its supporting structure,which is substantially the same or similar to the nonconforming sign destroyed,damaged,dilapidated or deteriorated.Permits granted prior to the passage of this article shall be renewed only if the applicant complies with all provisions of this article. b. A nonconforming sign or supporting structure that is lawfully repaired,reproduced,or renovated as a nonconforming sign may be increased in area or height. c. A nonconforming sign may be relocated on the same lot or tract of land if: 1. The sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain;and 2. The location for which the nonconforming sign is to be relocated complies with all requirements set forth in the Wylie Code of Ordinances. d. The material used in the repair,replacement or modification to an existing nonconforming sign must be approved by the City of Wylie Planning Department and the building department.Pole or stanchion supports must be designed,modified and constructed to appear as a solid base monument sign in accordance with this article. (6) Inspection.The city may inspect annually,or at such other times as it deems necessary,each sign regulated by this article for the purpose of ascertaining whether the same complies with provisions of this article,is secure or insecure,whether it still serves a useful purpose,and whether it is in need of removal or repair. (7) Removal of obsolete signs.Any sign which the city determines no longer serves a bona fide use or does not conform to this article shall be removed by the owner,agent or person having the beneficial use of the land,buildings or structure upon which the sign is located within ten days after written notification to do so from the city. (8) Removal or repair of dilapidated or deteriorated signs.If the city shall determine that any sign exists in a dilapidated or deteriorated condition,or is a menace to the public,he shall give written notice to the person or persons responsible for the sign.The permit holder,owner,agent or person having the beneficial use of the premises shall remove or repair the sign within ten days after the notice.The city may remove or have removed,without notice,and assess the owner for the costs,any sign which is an immediate peril to persons or property. (9) Removal of illegally erected signs.Any temporary sign that is erected,constructed or otherwise displayed,which the city determines to be in violation of this article,may be removed by city personnel.Any such sign removed by city personnel may be held for a period of 72 hours and upon expiration of the time may be disposed.The city is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs,the sign must be removed by the permit holder,owner of the sign,or owner of the property on which the sign is located within ten days after the city sends written notice to remove the sign.Upon failure to comply with the notice or to file an appeal of the decision in accordance with this article,the city is authorized to cause the removal of the sign and assess the permit holder,owner of the sign and/or owner of the property on which the sign is located for all costs associated with removal.The permit Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 holder,owner of the sign,and the owner of the property on which the sign is located shall be jointly and severally liable for such costs. (10) Variances. a. Variances to the provisions of this article shall be heard by theZoning Board of Adjustment.A concurring vote of 75%of the members of the Board shall be necessary to reverse any order.In order to approve a request for a variance,the Zoning Board of Adjustment shall determine that the request meets four of the following five criteria: 1. The proposed sign shall not adversely impact the adjacent property(visibility,size,location,etc.); 2. The proposed sign does not conflict with the spirit of this article,which is one of providing public safety, open space and air,preservation and enhancement of the appearance of the city and protection of property values; 3. The variance is needed due to restricted area,shape,topography or physical features that are unique to the property on which the proposed sign would be located; 4. The proposed sign is of a unique design or configuration. 5. That the demonstrable hardship is not self-imposed. b. Should the Board deny a request for a variance,the applicant may appeal the request to the District Court in accordance with TLGC Chapter 211,provided that,such appeal is requested in writing within 10 days of the date the Board denied the variance. c. A variance from this article is valid only if a permit is secured within 90 days from the date of the board's decision. d. Each applicant shall pay the fee in accordance with Appendix C of the Wylie Comprehensive Fee Schedule,and as ammended before the Board shall hear any variance request. e. All variance requests shall be made in writing to the Planning Department. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-444.Prohibited signs. Any sign which is not specifically allowed by this article shall be prohibited.In addition,the following types of signs are expressly prohibited within the City of Wylie: (1) Signs imitating traffic or emergency signs.Signs may not contain any combination of forms,words,colors,or lights,which imitate standard public traffic regulatory,emergency signs,or signals. (2) Portable signs.Portable signs,unless specifically allowed by this article. (3) Signs violating other laws or ordinances.Signs erected in violation of any ordinance adopted by the City of Wylie or any state or federal law.(e.g.,traffic visibility requirements,zoning,building code,or electrical code). (4) Signs attached to trees or utility poles.Signs attached to,painted or maintained upon any tree or public utility pole or public utility structure. (5) Signs on sidewalks,curbs,gutters or streets.Signs attached to or painted on any sidewalk,curb,gutter,or street(except street address numbers). (6) Moving,flashing,revolving or color changing signs.Signs that move,flash light intermittently,change color or revolve,unless specifically allowed in this article. (7) Pole signs.Pole signs and flag poles unless specifically allowed by this article in subsections 22-443(5),22-446(a)and section 22-450 (8) Off-premises signs.Off-premises signs,unless specifically allowed by this article. (9) Signs attached to or painted on a fence,wall or railing.Signs attached to or painted on the outside of a fence,wall or railing, unless specifically allowed by this article. Exception:Signs identifying the manufacturer of a fence or similar product,provided that the sign does not exceed one and one-half square foot. (10) Signs causing a nuisance or hazard because of illumination.Signs illuminated to intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. (11) Signs advertising the sale of a vehicle.Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way.Vehicles legally parked at one location,with for sale signs visible from the right-of-way for two hours or more,shall be prima facie evidence of noncompliance with this section. Exception:A maximum of two vehicles may be parked at the vehicle owner's residence or on the street adjacent to the residence advertising,the sale of the vehicles provided that the vehicles are registered to the person residing at the residence. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 (12) Signs attached to a vehicle.Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property,or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited.However,this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers,such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-445.Exempt signs. A permit shall not be required for the following signs,provided however,such signs shall otherwise comply with all other applicable sections of this article. (1) Nameplates.Nameplates,or signs reflecting the name of a building or structure(i.e.,a fence)or the name of the company that built or designed the building or structure,not exceeding one square foot in area. (2) Building identification/memorial.A memorial sign,plaque or tablets identifying the names of buildings,sponsors and date of construction may be cut into a masonry surface or constructed of bronze or other noncombustible materials. (3) Traffic.Traffic or street signs,legal notices,railroad crossing signs,danger,and emergency,temporary or non-advertising signs as may be approved by the city council or the city manager or his authorized representative. (4) Signs inside a building.Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code. (5) Changeable copy.Copy change only for previously permitted signs designed to provide a changeable copy area. (6) Movement control signs.movement control signs may be erected at any occupancy or any lot,other than single-family or duplex premises,may be attached or detached and may be erected without limits as to number;provided that such signs shall comply with all other applicable regulations of this article.Movement control signs shall be premises signs only.The occupant of a premises who erects a movement control sign shall comply with the following regulations: a. Each sign must not exceed five square feet in effective area. b. If a sign is an attached sign,as defined,the words must not exceed six inches in height. c. Each sign must convey a bona fide message which directs vehicular or pedestrian movement within or onto the lot on which the sign is located. (7) Protective signs.The occupant of a premises may erect a maximum of two protective signs,in accordance with the following regulations: a. Each sign must not exceed six square feet in effective area. b. Detached signs must not exceed three feet in height. (8) Government signs.Flags,insignia,legal notices,or informational,directional or traffic signs which are legally required or necessary to the essential functions of government agencies and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. (9) Holiday lights and decorations.Temporary lights and holiday decorations with electrical connections displayed 90 days or less must be listed by a recognized listing agency,but otherwise shall be exempt from the terms of this article. (10) Political signs.Political signs that: a. Are on private real property with consent of the property owner;and b. Are not greater than 36 square feet;and c. Are not taller than eight feet measured from the ground to the highest point of the sign;and d. Are not illuminated;and e. Do not have any moving elements or parts. A sign not meeting each of the above requirements or containing primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political is not exempt from the requirements of obtaining a permit,assuming the sign is otherwise allowed by this article. (11) Special event or public announcement signs.Signs providing public information concerning special events,bazaars,rallies,or other similar activities sponsored by nonprofit organizations including charitable,religious,philanthropic,educational,or civic institutions with the following regulations: a. Limited to two signs per event on the property where the event or activity occurs or is located and may be located up to the property line. b. Off-premises signs must be located on private property and the organization must have permission from the property owner to place the sign on their property.(Signs of this type can be off-premises signs and are exempt from subsection 22-444(8).) Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 c. The maximum off-premises sign area is 32 square feet with a maximum height of six feet.A minimum of ten 10 feet between each approved sign and/or banner is required. Signs and/or banners may not be installed or mounted on an approved sign. d. A maximum of six off-premises signs may be located in the city at a given time advertising the nonprofit organization function. e. The advertised function must occur within the corporate limits of the City of Wylie;it's ETJ and is sponsored by a nonprofit organization located within the City of Wylie. f. Signs shall not be located on residential premises without written consent of the residential property owner and comply with all yard sign provisions. g. All signage may be erected 30 days prior to the event or activity and must be removed within 48hrs after the event. Exemption:Any sign not meeting the above requirements must be approved Zoning Board of Adjustments. (12) Garage sale signs. a. Garage sale signs shall not be erected earlier than two days prior to the sale and must be removed immediately after the sale but in no case longer than one day following the sale. b. Garage sale signs shall be located only on private property with the consent of the property owner. c. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. d. Garage sale signs shall not exceed six square feet in area. (13) Home improvement signs. a. Home improvement signs may be erected that display the name of a roofing,fence,pool,landscape or other home improvement contractor currently providing such services on the premises. b. A home improvement sign is allowed only on the lot on which the improvement is occurring. c. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. d. The home improvement sign must be removed 30 days after it is erected or upon the completion of the work, whichever occurs first. e. Home improvement signs shall not exceed six square feet in area. f. A maximum of one home improvement sign shall be allowed on the lot at any one time. (14) Temporary religious signs. a. Temporary religious signs may be erected during times of worship provided the sign is placed no earlier than two hours prior to worship and is removed no later than two hours after worship. b. Signs shall be located only on private property with the consent of the property owner. c. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. d. Signs shall not exceed 36 square feet in area. (15) Yard signs. a. Signs shall be located only on lots containing an occupied single-family,two-family or multifamily dwelling. b. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. c. Signs shall not exceed six square feet in area. (16) Zoning signs. a. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. b. Signs shall not exceed six square feet in area. (17) Signs held by pedestrians.Any sign held or carried by a person for the purposes of advertising or otherwise drawing attention to an individual,business,commodity,service,activity or product,or a person dressed in a costume for such purposes,must be located at least 10 feet from the street pavement of any right-of-way,and located on the property where the event,activity or thing that the sign advertises or draws attention to occurs or is located. (18) Ground Signs a. Limited to two temporary signs per commercial lot with an active certificate of occupancy,except that only one temporary sign is permitted per occupancy on a multi-tenant platted property. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 b. All temporary signs must be constructed with metal frames and have a maximum size of six square feet. c. All temporary signs must be on the property where the event,activity,or thing that the sign advertises or draws attention to occurs or is located and may be located up to the property line. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-446.General sign regulations. (1) Flags. a. All flags shall comply with Title 4 of the U.S.Code,when applicable. b. Flag poles must be located at least 15 feet from any property line. c. The maximum height of a flag on a lot with a residential use is 25 feet.The maximum height of a flag on a lot with a nonresidential use is 35 feet. d. No flag or flag pole may be located within any governmental or utility easement. e. A businesses or nonprofit entity may erect a maximum of three flags per tract of land,only one of which may include the flag for the business and/or nonprofit entity.A flag showing the emblem or logo of a business or nonprofit entity must be located on the same tract of land as that business or nonprofit entity.No flag shall show the emblem or logo of a business or nonprofit entity that is located on a separate tract of land. (2) Obscenity.No person shall display on any sign any obscene matter as defined by Section 43.32(a)(1),Texas Penal Code,as amended,or any matter soliciting or promoting unlawful conduct.Any sign which contains obscene matter must be removed within 24 hours of notice.The owner or person in control of the property on which the sign is located shall be responsible for compliance with this section. (3) Obsolete signs.All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed.Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after over painting.The owner of the property on which the sign is located shall be responsible for removal of the sign within 30 days of obsolescence. (4) Maintenance of signs.All signs shall be maintained in good condition.Signs which are damaged in any way,rusty or have peeling paint do not meet minimum maintenance criteria and shall be brought into compliance,or the sign must be removed, no later than the tenth day after written notice of such violation is sent to the property owner,permit holder or person in control of the property,via certified mail.The owner of the property,permit holder or person in control of the property on which the sign is located shall be jointly and severally responsible for compliance with this subsection. (5) Wind pressure and dead load requirements.All signs shall be designed in accordance with all of the following requirements; set forth in section 22-448,Table B-1,Building Code Exposure Category C,constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive the minimum dead loads as required by the building code and regulations of the City of Wylie. (6) Obstructing doors,windows,or fire escapes.It shall be unlawful to erect,relocate,or maintain a sign in any manner that prevents free ingress to or egress from any door,window or fire escape,or to attach any sign to a standpipe or fire escape. (7) Placement of advertising matter. a. No person shall place on or suspend from any building,light fixture,pole,structure,sidewalk,parkway,driveway or parking area,any goods,wares,merchandise or other advertising object or structure for the purpose of advertising such items other than a sign,as defined,regulated and prescribed by this article,except as otherwise allowed by this article or another ordinance. b. No person,firm,corporation or association of persons shall paste,stick,tack,nail or otherwise place any advertisement,handbill,placard,printed,pictured or written matter or thing for political advertising or other advertising purposes upon any fence,railing,sidewalk or public telephone,electric or other utility pole,or any other public property,including trees thereon or to knowingly cause or to permit the same to be done for his benefit. c. It shall be unlawful for any person to scatter or throw any handbills,circulars,cards,tear sheets or any other advertising device of any description,along or upon any street or sidewalk in the City of Wylie. (8) Signs prohibited on or over public property.Except as otherwise provided for in this article,no portion of any sign shall be erected on or over public property,or in the right-of-way of any thoroughfare within the city,except for signs in the downtown historic district meeting regulations in the Zoning Ordinance 6.3.Signs violating this provision shall be considered illegal signs and may be removed and disposed of by the city in accordance with this article. (9) Illumination of signs. a. No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. b. Moving,flashing,changing color,beacons,revolving or similarly constructed signs shall not be allowed,except for electronic signs showing time and temperature. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 c. Sign illumination may only alternate on and off at a rate equal to or less than 12 times in an hour,excluding time and temperature signs. d. A sign in a residential district,where allowed by this article,may be illuminated.Any illumination shall be located so as not to produce intense glare or direct illumination across the bounding property line.Internal illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. e. Searchlights.Searchlights may be permitted in accordance with any applicable regulations.A permit for use of an advertising searchlight may be granted under the following additional regulations: 1) A searchlight shall be located a minimum distance of 50 feet from a public right-of-way and positioned so as to project all beams at a minimum angle of 30 degrees from grade level. 2) The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foot-candle power.No more than four beams of light may be projected from any premises. 3) All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the rights-of-way or adjoining property,and no light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle,or to create greater than 0.5 foot-candles at four feet height at the property line. 4) No advertising searchlight may be operated between the hours of 11:00 p.m.and 7:00 a.m. 5) No advertising searchlight may be operated on a premise for more than seven consecutive days.No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six months preceding the date of the permit application. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-447.Attached sign regulations. Unless otherwise specifically provided,the regulations set forth in this section shall be applicable to all attached signs that are allowed under this article. (1) Wall signs. a. Where allowed.Wall signs shall be limited to buildings located in a nonresidential zoning district or to churches, apartments,schools and other nonresidential uses,with the exception of model homes,located within a residentially zoned district. b. Installation requirements.All signs and their words shall be mounted parallel to the building surface to which they are attached,and shall project no more than 18 inches from that surface,except for projecting signs as allowed in subsection 22-447(6).Wall signs shall not extend above the wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs,but only as promotional signs as allowed in subsection 22-450 c. Maximum sign area.Wall signs may be installed on each face of a building described in subsection 22-447(1)(a) except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district. Signs shall not exceed 75%of the width of the primary façade of the building,and the combined area of all wall signs shall not exceed 450 square feet for signs located at a height of 26 feet or less,or 600 square feet for signs located above a height of 26 feet. The height of such signs shall be measured from the bottom of the sign to grade level. Wall signs mounted to the side or rear of a building shall not exceed the square footage area of signs mounted to the front of the building. Wall signs shall not exceed the following height schedules: 1. Wall signs mounted to a building located within 100 feet or less from a street shall not exceed a height of two feet. 2. Wall signs mounted to a building located within 101 to 200 feet from the street shall not exceed a height of three feet. 3. Wall signs mounted to a building located within 201 feet or more from the street shall not exceed a height of four feet. (2) Signs attached to a building(s).No portion of any type or style of a sign will be allowed to project above the vertical plane of the exterior wall,parapet,mansard or the fascia panels of a canopy upon which they are attached. (3) Illumination of attached signs.Attached signs may only be illuminated utilizing internal lighting.Exterior letters with exposed neon lighting are allowed. (4) Window signs.Window signs do not require a permit or a permit fee.Window signs must meet the following regulations: a. Window signs must not obscure more than 25 percent of the window area per panel. b. The sign area shall be measured by drawing a rectangular or square box around the sign elements,then multiplying the height by the width.For signs whose shape is irregular,the box must enclose all elements of the sign. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 c. No illuminated window signs shall be allowed within two feet of the window surface,except for open/closed signs. (5) Awning signs.Awning signs must meet the following regulations: a. An awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet in height and shall not be placed less than eight feet above the sidewalk. b. Artwork or copy on awning signs shall be limited to a business name and/or logo. c. The artwork or copy for an awning sign shall not exceed 20 percent of the area of the awning and shall extend for no more than 60 percent of the length of the awning. (6) Projecting signs. a. Signs shall be constructed of noncombustible material. b. Signs shall not project more than three feet,measured from the building face and shall not be closer than two feet from the back of the curb line. c. Signs shall be at least eight feet above the sidewalk. d. Signs may be illuminated in conformance with this article or other applicable city regulations. e. Signs shall be compatible in design,shape,and material with the architectural and historic character of the building. f. Signs shall not exceed 16 square feet per sign face. (7) Canopy sign.Canopy signs must meet the following regulations: a. A canopy sign may be attached to,or be an integral part of the face of a canopy. b. A canopy sign may consist of only the name and/or logo of the business at the location of the canopy. c. The artwork or copy on a canopy sign shall not exceed ten percent of the face of the canopy,or a maximum of 25 square feet,whichever is greater. d. An illuminated stripe may be incorporated into a canopy.The stripe may extend along the entire length of the face of the canopy.The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy.The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. (8) Electrical signs.Every sign with any type of electrical connection must be recognized by an approved listing agency with a permanent label properly affixed or be designed and assembled by a state licensed master or sign electrician registered with the City of Wylie.An electrical permit and approved inspection are required prior to the erection or attachment to the permanent structure. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-448.Monument sign regulations. (1) General requirements. a. All monument signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign.Sculpted aluminum sign panels and plastic panel signs are allowed to be utilized on monument signs. b. No sign shall be installed in such a way as to obstruct a motorist's view of oncoming traffic when stopped at an existing drive or at the intersection of two(or more)public streets.The motorist's eye is assumed to be at a point 15 feet from a point determined by the intersecting curb lines or the edge of the roadway whichever is more stringent. Traffic must be visible for a distance of ten times the speed limit on either side of the vehicle parallel to the intersecting roadway.This shall be applied to all public and private approaches affected.See Illustration 2-1[at end of article]. c. No sign shall be placed in or extend beyond the vertical plane of a property line,public street,sidewalk,easement or right-of-way. d. A monument sign must be separated by at least 100 feet from any other monument sign on the same property, measured along the right-of-way. e. Changeable message signs.Monument signs shall include a maximum area of 32 square feet that incorporates changeable messages or lettering,as defined,in the sign face.Such messages shall not blink,flash,or scroll. Changeable message signs are allowed to change their message a maximum of once every eight seconds. f. Street addresses.On-premises signs shall display the street addresses of the business location it advertises in numbers at least five inches high on each monument sign in legible form within 40 feet of the nearest public roadway.Such numbers shall increase one inch in height for each additional 40 feet,or fractional part thereof,the sign is located from such roadway and utilize contrasting colors. g. Every sign with any type of electrical connection must be listed by a recognized listing agency with a permanent label properly affixed. h. Properties with single tenants.Businesses located on individually platted land including individual pad sites within a shopping center,apartments,schools,model homes and other nonresidential uses located on residentially zoned property are permitted to erect monument signs that comply with the following regulations: Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 1) Maximum display area allowance is 96 square feet. 2) Maximum height is 12 feet. 3) Maximum width is 8 feet. i. Properties with multiple tenants.Multiple business signs(MBS)advertising multiple business in a common center(s) shall observe the following specific rules and regulations as identified in Table B-1,in addition to all other regulations herein contained.Shopping centers and/or office complexes with multiple tenants are permitted to erect monument signs that comply with the following regulations: 1) A multiple business sign shall not be erected,constructed,or maintained within 100 feet of any other sign except for signs on the buildings of the businesses advertised on the multiple business sign and traffic,street or directional signs. 2) There may be more than one multiple business signs on each street frontage.The minimum distance between each such multiple business sign shall be in compliance the requirements of Table B-1. 3) A multiple business center(MBC)with less than 100 feet of street frontage shall be permitted no more than one multiple business sign. 4) Maximum size shall be in compliance the requirements of Table B-1. 5) Maximum height shall be in compliance the requirements of Table B-1. TABLE B-1 Number of Maximum Maximum Display Area Max Minimum Distance Minimum Wind Load Tennant Spaces* Allowable Height Allowable Width Between MBS Design Speed** 2-4 14 feet 12 feet 128 feet 100 feet 100 MPH 5-8 16 feet 12 feet 160 feet 100 feet 100 MPH 9-12 19 feet 14 feet 216 feet 300 feet no MPH 13-16 25 feet 16 feet 320 feet 300 feet 110 MPH * The minimum dimension allowance of any business or otherwise tenant space shall not be less than 30 linear feet in width as measured along the display or advertised frontage of any building,space or structure.In no case will this consideration take precedence over any zoning building and/or fire code requirements or amendments through adoption by the City of Wylie. **The minimum wind load design speed shall be designed and engineered to Wind Exposure Category C or better and bear the stamp of a professional structural engineer legally licensed by the State of Texas. (2) Fuel pricing signs.A fuel pricing sign must be integral to the permitted sign for the site and shall satisfy the following additional requirements: a. The fuel pricing sign shall only reflect the most current price of fuel available for purchase at that location and must be a monument sign. b. The sign may not scroll,flash,or change more frequently than twice a day. c. The overall sign dimension shall be in compliance with Table B-1,must comply with all other regulations and the pricing display may not exceed two-thirds of the gross sign area per sign face. d. Only one pricing display is allowed per site. e. Internal illumination may be used for the pricing display. f. Changeable reader boards of a manual type may be used if proper design is employed to keep the changeable panels safely in place at the minimum wind load design speed in compliance with Table B-1. (3) Material regulations.All monument sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick.The sign support must be constructed or covered with the same masonry material as the principal building,or stone,or brick.Sculpted aluminum or plastic sign panels will be allowed.All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 (4) Illumination.Monument signs may be illuminated by a ground lighting source where the light itself and supporting structure are screened from the public right-of-way.Ground lighting must be of one constant color and not pose a traffic concern as determined by the City of Wylie.Signs may be back lit using internal lighting. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-449.Other types of signs. This section provides standards for specific types of permanent signs permitted by this article. (1) Menu board signs.Menu board signs must meet the following regulations: a. Menu board signs may be attached or monument signs. b. The maximum height is 7 feet. c. The maximum sign area is 48 square feet.Only one sign face is allowed per sign,but may be compartmentalized to appear as only one sign panel face assembly. d. All menu board signs shall be located at the side or rear of the principal building.If two signs are erected they must be at least 12 feet apart. e. Internal illumination may be utilized for the sign panel. f. Any sign must be located at least 15 feet from any property line. (2) Subdivision entry signs.Subdivision entry signs must meet the following regulations: a. Comply with the general requirements of monument signs. b. May not exceed 7 feet in height from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer. c. Subdivision entry signs may be attached to a wall at the subdivision entrance or installed as a monument sign. d. Attached signs may not project above the top of the wall on which they are attached. e. The maximum sign area is 32 square feet for attached signs and may not exceed 96 square feet for a monument sign. f. Only one monument sign or two attached signs may be placed at each subdivision entrance.A monument sign may have the subdivision name on both sides. g. Monument signs may be located in the median at the street entrance if approved by the city in an approved plat, within a developer's agreement,or by separate approval of planning and zoning commission. (3) Directory signs.Directory signs must meet the following regulations: a. Directory signs may be either attached or monument signs. b. Directory signs must be located a safe distance from the entry drive and the public right-of-way as determined by the city's engineer. c. Only one directory sign is allowed per street entrance. (4) Institutional signs.Institutional signs must meet the following regulations: a. Institutional signs may be attached and/or monument signs. b. Institutional signs may include a reader board,subject to the following limitations: 1. Reader board must be integral to the permitted sign for the site; 2. Messages on the reader board,whether electronic or manual,may not scroll,flash,or change more frequently than once a day; 3. Manual reader boards using movable lettering must have a lockable covering; 4. The reader board display cannot exceed two-thirds of the gross sign area per sign face,excluding a monument sign border; 5. Internal illumination may be utilized for the reader board sign panel. (5) Kiosk signs.Kiosk signs must meet the following regulations: a. Procedures for installing a kiosk sign. 1. Kiosk signs may only be installed pursuant to an executed concession contract approved by city council. This concession contract shall grant a person or company(the"concessionaire")the right to design, erect,and maintain kiosk signs within Wylie and administer the kiosk program as set forth by that concession contract. 2. Once a concession contract is approved by city council,the concessionaire shall submit a map, elevations,and any other documentation deemed necessary by city staff,showing the location and design of the proposed kiosk signs to the director of planning,building official,and the director of public works.Upon review of the map,elevations,and any other applicable documentation,the director of planning,building official,and director of public works shall make a recommendation to city council as to whether the location and design of the proposed kiosk signs should be approved,denied,or modified. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 3. City council may approve,deny,or approve with modifications the location and design of the proposed kiosk signs as shown on the map,elevations,and other applicable documentation.Modifications include, but are not limited to,modifications to the color of,or materials used in,the sign panels.No party may erect a kiosk sign without city council approval of the location and design of the kiosks. 4. The concessionaire must comply with all permitting requirements set forth in this article. b. Location of kiosk signs.Although the city council has the authority to determine where kiosk signs may be located, locations must at least meet the following criteria: 1. The location of kiosk signs must not create traffic hazards.The obstruction of the visibility of motorists, pedestrians,or traffic control signs will constitute a type of traffic hazard.Wylie's engineering division shall review the location of each proposed kiosk sign.A kiosk sign shall not be installed if Wylie's engineering division determines that the location of the proposed sign would create a traffic hazard. 2. The location of kiosk signs must not interfere with the general use of and handicap accessibility of sidewalks,walkways,bike,and hiking trails. 3. The location of kiosk signs must not interfere with any public utilities or be located in a utility easement. 4. Kiosk signs must not be located within a sight visibility triangle. 5. Kiosk signs must not be placed adjacent to a lot with a residential use without the prior written consent of the owner(s)of that lot as shown on the most current tax roles.Proof of prior written consent must be attached to the concessionaire's permit application.If a residential use is placed on a lot adjacent to a pre-existing kiosk sign,no written consent is necessary for that kiosk sign to remain. 6. A kiosk sign must be located at least 100 feet from all other kiosk signs. 7. Kiosk signs must not be located within a median. 8. Kiosk signs must be located at least five feet from the edge of curb or pavement line,which includes improved surfaces and shoulders. c. Design of kiosk signs.Although city council has the authority to determine which designs are appropriate,designs must at least meet the following criteria: 1. At least one sign panel on each kiosk sign must provide directions to a municipal facility or provide information about an upcoming city-sponsored event. 2. Kiosk signs may not exceed 12 feet in height and four feet in width. 3. Kiosk signs must include breakaway design features as required by the Texas Department of Transportation's sign mounting details for roadside signs.Break-away fittings must be installed below grade or concealed from public view in another manner approved by city council through the building inspections department. 4. The font and color of the kiosk signs must be uniform throughout the entire sign. 5. Kiosk signs shall not be illuminated. 6. There must be an identification panel at the top of each kiosk sign that displays only the name and official logo of the city. 7. No signs,pennants,flags,streamers,balloons or other devices or appurtenances used for visual attention may be attached to kiosk signs. d. Variances to kiosk sign regulations.No person or party may obtain a variance to the kiosk sign procedures or regulations set forth in this article. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-450.Regulations for temporary signs. (1) Development signs.Development signs are allowed subject to the following regulations: a. Development signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts. b. Development signs must be related only to the property on which they are located.They may be monument or pole signs provided that a minimum of two vertical sign supports are utilized. c. Maximum height of a development sign shall be 15 feet. d. The required setback shall be ten feet from the front property line and ten feet from the side property line. e. The maximum sign area per sign face shall not exceed 60 square feet. f. Each development site may have one such sign for each 50 acres,or any portion thereof,under active development. g. A development sign must be removed when the project is 90 percent complete.In the case of a commercial project, 90 percent complete means when a certificate of occupancy is issued for a shell building or prior to final inspections.For a residential project,90 percent complete means when 90 percent of the lots in the subdivision have received building permits. (2) Real estate signs.Real estate signs are subject to the following regulations: a. Real estate signs may be erected in nonresidential and residential zoning districts and shall not require a permit. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 b. Real estate signs may be attached,monument or ground signs. c. The maximum sign area shall not exceed nine square feet and a maximum height of four feet for property located in a residential zoning district.Signs located in a nonresidential zoning district shall not exceed 32 square feet in sign area and ten feet in height. d. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure,but no closer than three feet from the sidewalk.On lots where no sidewalk exists within the street right- of-way,the sign shall be located at least ten feet from the edge of the street. e. No more than one sign shall be located for every two acres in a tract of land or portion thereof and must be related only to the property on which they are located. f. A real estate sign shall be removed upon the sale or lease of the property. (3) Promotional signage.Businesses that erect signs under the provisions of this section shall not display a sign that states"Going Out Of Business,""Quitting Business"or similar message more than one time.Promotional signs are subject to the following regulations: a. All promotional signage requires a permit.A maximum of two permits are allowed for each calendar year.A separate permit is required for each two-week period promotional signage will be used.Promotional signs will be considered as a group and not as each individual sign,streamer,banner,etc. b. Promotional signage may include flags,pennants,streamers,balloons,inflatable signs,and any legal signs allowed by this article.Additionally,a maximum of two banners is allowed,in addition to flags,pennants,streamers, balloons,inflatable or other promotional signage per permit. c. Promotional signage is allowed for two,two-week periods each calendar year per legal business subject to the following: 1) A two-week period will commence on the first day Promotional signage is displayed. 2) The two-week periods shall not occur in the same or consecutive months. 3) A legal business shall include any commercial,industrial,or institutional use for which the building inspection department has issued a certificate of occupancy. 4) In the case of a special promotion for a grand opening celebration,one period may be extended to a 30 day period provided the promotion commences within the first three months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. d. Any device described as promotional signage shall not exceed an overall height of 40 feet measured from ground. The setbacks are a minimum of 15 feet from street curb. (Ord.No.2009-21,§3(Exh.A),8-11-2009) Section 22-451-22-480.Reserved. Ordinance No. 2014-44 Amending Sign Regulations Ordinance No. 2005-07 > o a.3 m _. . . m_ ..) = c-, CIA (D (11 Z O'X-1 0 = • . NJ n) o cro c 7 Fi. _ c (,) , 0 ....., 10 X SPEED LIMIT . ., AJ rr) Z .o ' .•1111 , N...) 1 ... o o Lri 6 Or sr •••..1 ".• ... ...'• 1 5,..„,-..,.. ...m- oo. e e. ... I..•-''' o• Ax. I .p.'''''' 0••,,, 1,03H--. _ 1 e''''''' a„......,.,,,,„,....., _. .. . . . ..,,,,,.....,....„,=,,,,,„:1e„,,,,,,___„-...350,r....,...----.......---,........................--...„...............„,.. ,I,.. -......---..--,„-.----...-----.--, ... I ..- 1::* ...,---*l'- 400' -- -'40 MPH--. Clik IL, 1 ILLUSTRATION 2---1 SIGN S I GHT TRIANGLE Banner means a sign composed of cloth,plastic,paper,canvas or other lightweight fabric Mural-means pictures or artwork painted,drawn or applied on an exterior wall that does not depict or contain advertising,logos or images of a product or.service available on-site or off-site. Mtrrals,are not used to advertise products or services offered or sold on site or off-site. Multi-tenant complex-Means a group of separate buildings platted as a single subdivision.Buildings may be on separate lots,hut are contained within the same subdivision plat. Sign,means any device,including but riot limited to,flag,banner,figure,picture,letter,words,message,symbol,plaque,or poster,visible from the public right-of-way or from outside the lots on which it is located and designed or intended to identify,advertise,announce„inforirr,or attract the attention of the public. Sign,ground means a temporary sign suspended or supported by one or more uprights or braces anchored into the ground with no more than 30 inches of clearance from the bottom of the sign to the ground below. Sign,promotional means any type of sign used for special promotions,including but not limited to,grand openings,anniversary celebrations, sales,and other such events. Promotional signs include,but are not limited to,banners,pennants,streamers,balloons,flags,bunting, inflatable signs,and other similar signs.Promot:iorial signs area temporary in nature. Sign,sandwich board means a movable':,advertising or business ground sign not secured or attached to the surface upon which it is located,and is constructed in the form of an"A"or tent-.like shape. Sign,Temporary means a sign not intended or designed for permanent display.Any sign,banner,pennant,or advertising display intended to Ire displayed for a time period not exceeding 2 weeks. Sign,vehicular means any sign placed on or affixed either permanently or ternporarly to vehicles and/or trailers that are parked on :,public right-of-way,public property,or private property so as to be visible from a public right-.of-way where the apparent purpose ii;to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited. However,this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers,such as lettering on rooter vehicles,'where the sign L.incidental to the primary use of the vehicle or trailer. Sign,Wall Any sign attached to or painted on a wall of a building or structure so that the wall forms the supporting structure or becomes the background of the sign and which does not project more than 18 inches from the wall. Zoning district,nonresidential means any zoning district designated by the zoning ordinance of the City of Wylie as NS,CR,CC;i3G, Li„HI,PO FP„DTI-I,and SBO. Zoning district,residential means any zoning district designated by the zoning ordinance of the City of Wylie as Arm/30,ED,,SF-20/26,SF-10/24, Tit ME,and MH. Section 22-443.Administration. (10)Variances. a. Variances to the provisions of this article shall be heard by the Zoning Board of Adjustment.A concurring vote of 75l of the members of the Board shall be necessary to reverse any order.In order to approve a request for a variance,the Zoning Board of Adjustment shall determine that the request meets four of the following five criteria: 1. The proposed sign shall not adversely impact the adjacent property(visibility,size,location,etc.); 2. The proposed sign does not conflict with the spirit of this article,which is one of providing public safety, open space and air,preservation and enhancement of the appearance of the city and protection of property values; 3. The variance is needed due to restricted area,shape,topography or physical features that are unique to the property on which the proposed sign would be located; 4. The proposed sign is of a unique design or configuration. 5. That the demonstrable hard'„hip is not self-imposed. b. Should the Board deny a request for a variance,the applicant may appeal the request to the District Court in accordance.with TLGC Chapter 211,provided that,such appeal is requested in writing within 10 days of the date the Board denied the variance. c. A variance from this article is valid only if a permit is secured within 90 days from the date of the board's decision. d. Each applicant shall pay the fee in accordance:with Appendix C of the Wylie Comprehensive Fee Schedule,and as amended,before the Board shall hear any variance request. Exception deleted, e. All variance requests shall be made in writing to the Planning Department. Section 22-445.Exempt signs. (1) Special event or public announcement signs.Signs providing public information concerning special events,bazaars,rallies,or other similar activities sponsored by nonprofit organizations including charitable,religious,philanthropic,educational,or civic institutions with the following regulations: a, Limited to two signs per event on the property where the event or activity occurs or is located and may be located up to the property line, b, Off-orernises signs must be located on private property and the organization must have permission from the property owner to place the sign on their property.(Signs of this type can be off-premises signs and are exempt from subsection 22-444(8),) c, The maximum off-premises sign area is 32 square feet with a maximum height of six feet.A minimum of ten 1.0 feet between each approved sign and/or banner is required. Signs and/or banners may not be installed or mounted on an approved sign, d. A maximum of six off-premises signs may he located in the city at a,given time advertising the nonprofit organization function. e. The advertised function must occur within the corporate limits of the City of Wylie:,it's Ell and is sponsored by a nonprofit organization located within the City of Wylie. f, Signs shall not be located on residential premises without written consent of the residential property owner and comply with all yard sign provisions, g. All signage may he erected 3()days prior to the event or activity and must he removed within 48brs after the event, Exemption:Any sign not meeting the above requirements must be approved Zoning Board of Adjustments. (17) Signs held by pedestrians.Any sign held or carried by a person for the purposes of advertising or otherwise drawing attention to an individual,business,commodity,service,activity or product,or a person dressed in a costume for such purposes,must be located at least 10 feet from the street pavement of any right-of-way,and located on the property where the event,activity or thing that the sign advertises or draws attention to occurs or is located. (18) Ground Signs a. Limited to two temporary signs per commercial lot with an active certificate of occupancy,except that only one sign is permitted per occupancy on a multi-tenant platted property. b, All temporary signs must he constructed with metal frames and have a maximum size of six square feet. c. All temporary signs must be on the property where the event,activity,or thing that the sign advertises or draws attention to occurs or is located and may be located up to the property line, Section 22-446.General sign regulations. (8) Signs prohibited on or over public property.Except as otherwise provided for in this article,no portion of any sign shall be erected on or over public property,or in the right-of-way of any thoroughfare within the city,except for signs in the downtown historic district meeting regulations in the Zoning Ordinance 6,3.Signs violating this provision shall be considered illegal signs and may be removed and disposed of by the city in accordance with this article. Section 22-447.Attached sign regulations. (1) Wall signs. a. Maximum sign area,Wall signs may be installed on each face of a building described in subsection 22-447(1)(a) except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district, Signs shall not exceed 75%of the width of the primary facade of the building,and the combined area of all wall signs shall not exceed 450 square feet for signs located at a height of 26 feet or less,or 600 square feet for signs located above a height of 26 feet, The height of such signs shall he measured from the bottom of the sign to grade level. Wall Signs mounted to the side or rear of a building shall not exceed the square footage area of signs merinted to the front of the building. Wall signs shall not exceed the following height schedules: 1. Wall signs mounted to a building located within 100 feet or less from a street shall not exceed a height of two feet. 2. Wall signs mounted to a building located within.1.01 to 200 leet'i`row the street shall not exceed a height of three feet. 3. Wall signs mounted to a building located within 201 feet or more from the street shall not exceed a height of four feet. (4) Window signs.Window signs do not require a permit or a permit fee.Window signs must meet the following regulations: a. Window signs must not obscure more than 25 percent of the window area per panel. Section 22-448.Monument sign regulations. (1) General requirements. h. Properties with single tenants.Businesses located on individually platted land including individual pad sites within a shopping center,apartments,schools,model homes and other nonresidential uses located on residentially zoned property are permitted to erect monument signs that comply with the following regulations: 1) Maximum display area allowance is 96 square feet. 2) Maximum height is 12 feet. 3) Maximum width is 10 feet. Section 22-449.Other types of signs. (1) Menu board signs.Menu board signs must meet the following regulations: b. The maximum height is 7 feet. c. The maximum sign area is 48 square feet.Only one sign face is allowed per sign,but may be compartmentalized to appear as only one sign panel face assembly. (2) Subdivision entry signs. f. Only one monument sign or two attached signs may be placed at each subdivision entrance.A monument sign may have the subdivision name on both sides and may not exceed 96 square feet. Section 22-450.Regulations for temporary signs. (1) Development signs. a. A development sign must be removed when the project is 90 percent complete.In the case of a commercial project,90 percent complete means when a certificate of occupancy is issued for a shell building or priar to final inspections.For a residential project,90 percent complete means when 90 percent of the lots in the subdivision have received building permits. (3) Promotional signage. c. iv. In the case of a special promotion for a grand opening celebration,one period may be extended to a 30 day period provided the promotion commences within the first three months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. The setbacks are a minimum of 15 feet from street curb. Wylie City Council AGENDA REPORT Meeting Date: December 9, 2014 Item Number: 7 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: December 1, 2014 Exhibits: 2 Subject Consider, and act upon, Resolution No. 2014-43(R) authorizing the City Manager to execute an Interlocal Agreement by and between the North Texas Municipal Water District and the City of Wylie for the installation of a Water Conservation Garden. Recommendation Motion to approve Resolution No. 2014-43(R) authorizing the City Manager to execute and Interlocal Agreement by and between the North Texas Municipal Water District and the City of Wylie for the installation of a Water Conservation Garden. Discussion The North Texas Municipal. Water District (NTMWD) is in the process of building a new Administration Building on their complex at the northwest corner of Highway 78 and Brown Street. During the planning for the project, NTMWD staff had initially hoped to be able to build a water conservation garden to serve as an educational tool utilizing drought tolerant plants. It became apparent that the construction site was too limited in size and would not lend itself to a fully developed garden. Discussions began to possibly have the conservation garden be on city property, and the concept under consideration was developed. The proposed garden would be in the existing landscape beds between the Recreation Center and the Library which would provide greater visibility for both the garden and our facilities. The NTMWD has committed $45,000 for the project and the landscape architect for their Administration Building provided the design and listed plant materials. The funding from the NTMWD would cover modifications to the existing irrigation system, removal of the existing plants, installation of the new plants and educational signage for each of the plants. A twelve-month warranty period is included for repairs and/or replacements, with the City assuming routine maintenance on completion of the installation. Parks staff have reviewed and are very pleased with the recommended plants and materials. If approved, some of the work would begin after the first of the year. (Rev 01/2014) Page 1 of I RESOLUTION NO. 2014-43(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE CITY OF WYLIE FOR THE INSTALLATION OF A WATER CONSERVATION GARDEN. WHEREAS, the NTMWD and the City of Wylie (City) desire to work cooperatively to develop a Water Conservation Garden to aid in the heightened water conservation education and awareness of the public to the benefits of planting native, lower water need type plants in urban landscaping and to augment water conservation efforts within the NTMWD service area, and, WHEREAS, in order to maximize public access to the Water Conservation Garden, the City would allow the construction of the Water Conservation Garden at the City's Municipal Complex in lieu of the NTMWD Administration Building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between the North Texas Municipal Water District and the City of WYLIE, Texas for the installation of a water conservation garden. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of December, 2014. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2014-43(R) Water Conservation Garden NTMWD&City of Wylie EXHIBIT "A" Mutual Aid Agreement Resolution No.2014-43(R) Water Conservation Garden NTMWD&City of Wylie Exhibit "A" The State of Texas } County of Coffin } INTERLOCAL AGREEMENT BETWEEN THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE CITY OF WYLIE, TEXAS FOR INSTALLATION OF A WATER CONSERVATION GARDEN WHEREAS, due to the continuing drought conditions experienced in the North Texas area, the North Texas Municipal Water District (NTMWD) Board of Directors has authorized Stage 3 of the Water Conservation and Drought Contingency/Water Emergency Response Plan, and NTMWD and its Member Cites and Customers have been in Stage 3 since June 1, 2013; and, WHEREAS, due to the continuing drought conditions, the NTMWD and its Member Cities and Customers continue to research and develop additional methods for water conservation and education; and, WHEREAS, the NTMWD and the City of Wylie (City) desire to work cooperatively to develop a Water Conservation Garden to aid in the heightened water conservation education and awareness of the public to the benefits of planting native, lower water need type plants in urban landscaping and to augment water conservation efforts within the NTMWD service area, and, WHEREAS, the NTMWD has designed an Administration Building renovation and addition, which design included exterior landscaping of native, lower water need type plants, and, WHEREAS, in order to maximize public access to the Water Conservation Garden, the City would allow the construction of the Water Conservation Garden at the City's Municipal Complex in lieu of the NTMWD Administration Building. NOW, THEREFORE, THIS AGREEMENT is hereby made and mutually entered into by the City and NTMWD for the mutual consideration stated herein as follows: WITNESSETH: ARTICLE 1 NTMWD hereby agrees to the following: 1. Provide costs for conversion of existing irrigation systems to drip type as required and plantings associated with the Water Conservation Garden (Project). 2. The NTMWD's obligation is based on a line item allowance included as part of NTMWD's Project No. 301, NTMWD Administration Building Structural Repairs, Building Renovations and Building Additions, which the NTMWD Board of Directors approved and awarded on August 28, 2014. 3. Costs for design required for construction of the Project will be funded separately by NTMWD, as part of Project No. 301, from this Interlocal Agreement. ARTICLE II The City hereby agrees to the following: 1. Provide an area at the City's Municipal Complex suitable in size and location for the construction of the Project. 2. Provide an area at the City's Municipal Complex suitable in size and location for the storage of construction-related equipment and materials for the Project. 3. Allow the NTMWD representative (or inspector) access at any time to inspect areas of work being performed associated with the Project. 4. Conduct a final inspection of the Project with the NTMWD representative and allow for subsequent inspection to verify that construction discrepancies have been corrected prior to final payment on the Project. 5. After final completion of the Project, the City will assume responsibility for day to day maintenance of the Project. During the standard twelve month warranty period, should any repairs or plant replacement be required under the terms of the warranty, the City shall notify the NTMWD, who shall contact the contractor for the required warranty work. At the end of the twelve month warranty period, the City will assume all responsibility for future operation and maintenance of the Project but will allow NTMWD access for future public relations activities associated with water conservation education and awareness. ARTICLE III The City and NTMWD agree that the total amount of NTMWD's obligation for the Project shall not exceed Project No. 301 line item allowance amount of$45,000. Executed this 9th day of December 2014, by the City of Wylie, pursuant to City Council Resolution No. 2014-43(R), and executed this day of , 2014 by the North Texas Municipal Water District. CITY OF WYLIE, TEXAS Mindy Manson, City Manager Date NORTH TEXAS MUNICIPAL WATER DISTRICT Thomas W. Kula, Executive Director Date ee IAA `,�. ; ''• n^.,..�,. Ma Y ';�.,;ur .. X ,k ;,a"q,9 �a>S! *n i� . , ror 1e ", . } "h,Ai ry h°i n?i;" Ar, " > :" �„ ?'„ .: . '" 'Sr , ':�' • , � i rw"'!,,' , ;, �y • : ` ; lt Itc '00 Ys)x ";.4F ti• a , " ,. ep« xp,.,.,ro, a% I:r . 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Horseherb ^ 0"�•`P , """"" Lindheimer Muhly j.:" t"". R §<• " " ""40. ' „i:. ;t;±+, A per° > � :N ge, "'f s (q"a °' ' x Llttle Bluestem ska ` $g, 'ry "¢" S,"a'd n „ Inland Sea Oats Lantana " °� iidl •� ;i yv�i, �M III "w 41 t4 t„ y l' 'e' ime?.,„ Purple Prickly Pear • I i ,e ,? ,\ , 0 kill a d. pfit ''^ ° `Kvi"y\°n'4x ,x,,'� , ' ➢ „ , ,, `,`^.ham"£°' a ,�a , s unil e:r1„� .• " • '. . 3 w . nMealy Blue Sage , l,t ti oA 'I� 'Yi i ,� Rle 5 a' � r + ." d „tv el‘ ^ i� ' ifi � t' `,; ' ` I,- � � •`-y, � � ✓ ¢^m.. t x1c" aq b "e" `�V' •V.� '`� ^'„Ar�� , • ,A 'TM ."1 �.":, "�: q ° w � � ,F 1111111 RV" i �> d) j�i ell t�"8 •'gl : r wf..' i -�, ' 'ate ."t" ' Mexican Bush Sage ;� ^„arm.4, ;` • . �i,`k, "LC `' * °v i.,4 4- \ i i1n'i" Vu ). rr '' u nt �5 e t t ' i � :; '• „,* 4 - ..mow Parry's Agave , �. t ti{� . ,y'::v 3F�'v « My+ kip, _ ,fir„ ' �, „ ,a, T ^ I " ;4,'A° '<d..i ''yl* �.' ,�na ,` " Rock Rose R u,g. 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Chdalpa .e ' ,� ' q�„pgg���4� s«y r,, wn� Thornless Mesquite t� $ r F , A•� '". li ��� R \� „ Y�> "A "x , ;; 4 +eW;n wtiabµ rd. " � '. ^, ? ' Texas Mountain Laurel Vitex Desert Willow > °, s „«,„v„ Redbud OCTOBER 2014gecoN �w� 1 1 ION if 1 l (1071 -Kin71n7 1— R i Ak 1 LANDSCAPE ARCHITECTURE WYLIE , TEXAS 218713311pp AVI 7107.51 v,'NHa. tx stars orn 917 Mc 1 F p v e>I Oe 14 wwas wTX 5202 mm * �" -f �~ 1 i.. PLANTING BED # 1 TREES - ' 1 . Inland Sea Oats 1 . Texas Mountain Laurel 2. Seasonal Planter 1 2. Texas Redbud � ' °'o '. 3. Mexican Plum ;• 4. Chitalpa - :1c 5. Desert Willow 6. Vitex ' ° 7. Thornless Mesquite y """° 8. Thornless Mesquite 2 .--- e 1 PLANTING BED # 2 1 ,.:; { s, 1 . Stone Cobble PLANTING BED # 7 � 2. Turks Cap 3 3. Adagio Miscanthus 1 . Stone Cobble 4. Texas Rock Rose 2. Turks Cap n 4 > 5. Lantana 3 . Dwarf Abelia 5 6. Dwarf Abelia 4. Hameln Grass 6 5k 7. Lindheimer Muhly Grass 5 . Mexican Bush Sage 7 �1 8. Brakelights Red Yucca 6 . Softleaf Yucca f 9 . Little Bluestem 7 , Skullcap PLANTING BED # 6 .: a PLANTING BED # 3 3 ' 1 . Blackfoot 1 . Frogfruit 21s 4 4 Daisy 2. Purple Prickly Pear 4 aletei ,� � 5 s' 2. Purple Coneflower x>: 3. Adagio Miscanthus 3 . Hummingbird Sage 6 „ .:.. 10�-- , 4. Softleaf Yucca �,_ , 8 4. Sotol 5 . Chocolate Daisy 0. 9 .` 9 , 10 5. Damianita 6 . Queen Victoria Agave a [11 `!� 6. Texas Sage 7. Dwarf Abelia 2 1 T31 7. Mealy Blue Sage 8. Bear Grass 1 j 4 <- 14 'r ° 8. Spineless Prickly Pear 9. Skullcap 9 . Gulf Muhly Grass 10, Stone Cobble 5 ' e Existing 10. Blue Agave Planter 11 . Zexmenia j 5 12. Blackfoot Daisy 8 13. Mealy Blue Sage 14. Stone Cobble g , Existing , 1 , <. Turf PLANTING BED # 5 .' � 1 . Horseherb PLANTING BED # 4 2. Color Guard Yucca 1 5 l . Bear Grass 3. Autumn Sage O 1;<< ; 0 2. Mexican Bush Sage 4. Spineless Prickly Pear ,`. 3. Parry ' s Agave 5 . Gulf Muhly Grass C > 4. Chocolate Daisy 6, Texas Rock Rose 13 5 . Stone Cobble 7. Texas Sage • 8. Gayfeather ' ? 6 9 . Lantana 0 10. Brakelights Red Yucca � ds 1 1 . Artemesia 0 12. Creeping Rosemary Wks 0 13. Stone Cobble :} `' Existing Tree OCTOBER 2014irilCONSFRY 1 1 1 ;ARDFN P &. `'CM A 1` 0 5 10 20 LANDSCAPE ARCHITECTUTh RE r"=1o._o., WYLIE , TEXAS 000aa., rx szoz_, 36 17T7 McK1 e ve. Sufp 14 umsTX 752brs.mm c ' k d ' .iy 0 sit/ �ie • W . n 1 N33`00'54 -- I z f . Cookie earth -„^ ," m 81 , " g ,y . ione mi3 s3s �, - e as .- o w ee� sixn v rc iossn ?