07-27-2004 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, JULY 27, 2004 •
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
VOCATION & PLEDGEO ALLEGIANCE
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A. Approval of the Minutes from the Regular Meeting of July 13, 2004 and the Special Called Meeting
of July 19, 2004.
B. Consider and act upon a Final Plat for the Creek Hollow Addition, Phase 2, being all of a certain
22.041 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of
land being a portion of the larger tract comprised of two parcels as described in deeds to Creek
Hollow-Wylie Lot Option, L.P., recorded in Volume 5474, Pages 8959 and 8967 of the Deed Records
of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey,Abstract No. 266,
City of Wylie, Collin County, Texas.
C. Consider and act upon approval of final acceptance of the Newport Harbor Pump Station Additions,
and authorize final payment to Cooper General Contractors, in the amount of$11,446.18 and accept
the project as complete.
D. Consider and act upon a bid for the construction of additional dog runs at the Wylie Animal Shelter.
INDIVIDUAL CONSIDERATION
Public Hearing
1. Hold a Public Hearing and act upon a change in zoning from Community Retail (CR) to Community
Retail (CR) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being
generally located in the southwest corner of F.M. 544 and S.H. 78, and being a 0.014 acre portion of
land out of a larger called 3.953 acre tract described in a deed to Greenway-78, L.P. as recorded in
Volume 4886, Page 4459, of the Collin County Deed Records, City of Wylie, Collin County, Texas.
(Zoning Case 2004-12)
Executive Summary
In March of 2004, T-Mobile applied for a Specific Use Permit to install a telecommunications tower, antenna and
equipment at 117 Cooper Drive. The Planning and Zoning Commission recommended denial of that request because the
proposed location is within Wylie's planned commercial center and highly visible from the community's major street
intersection. The City Council subsequently tabled that earlier request, encouraging the applicant to investigate alternative
locations for the tower. The current request is a response to that request to consider other sites.
At the July 6, 2004 meeting the Planning and Zoning Commission voted 6-0 to recommend approval of the SUP with the
following stipulations:
• No portion of the tower or appendages can be taller than 120' in height
• Screening must be an 8 foot concrete masonry split-faced wall
• The antennas must be enclosed within the tower pole
Public Comment Forms were mailed to six(6)property owners within 200 feet of this request. No Comment Forms have
been returned at the time of posting. Staff recommends approval.
2. Consider and act upon a request to waive Section 3.2.B of the Subdivision Regulations requiring
alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally
located east of Troy Road and north of County Line Road, being part of a tract deeded to I. L.
Whitsell as recorded in volume 44, Page 204 of the Deed Records of Rockwall County, Texas, and
situated in the L.B. Outlaw Survey,Abstract No. 173,City of Wylie,Rockwall County,Texas.
Executive Summary
The owners of a 14.8 acre tract on far south Troy Road are requesting a waiver of the residential alley requirement of the
Subdivision so that an application for rezoning from Agriculture (A) to Single-Family 10/19 can be submitted without
alleys. Staff recommends approval.
3. Consider and act upon the approval of a waiver by the City of Wylie for all permit fees, including
water and sewer tap fees, as part of a Development Agreement between the Wylie Economic
Development Corporation (WEDC) and Bayco Products,Ltd.
Executive Summary
In November 2003, the WEDC began to negotiate with Bayco Products, Ltd. for the relocation/consolidation of Bayco
facilities currently located in Dallas and Ft. Worth. Bayco intends to develop an 110,000 square foot corporate
headquarters/distribution facility on 8.3 acres located on Sanden Boulevard. Bayco will employ approximately 75
employees with roughly two-thirds being hourly workers. The Development Agreement, as provided for your review,
outlines the incentive package being offered to Bayco. The final incentive offered to Bayco pertains to all permit fees
related to the construction of the facility which could be funded by the WEDC or waived by the City of Wylie. The
approximate value of this incentive is $19,355 which includes plan review, building permit, mechanical, electrical, and
plumbing permits,and water and sewer tap fees. Not included in this amount and not presented for consideration are water
and sewer impact fees which equal $19,480. The WEDC is formally requesting that the Wylie City Council waive the
above fees.
& CAPTION APPROVED B' COU CIL AS REQ 'SIRED B;...
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.::::. Ili CITY C IARTER,ARTICL III,SECTION 13-D
CUTI'�lE SESSION
In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated(Open Meeting Act),Section 551.
§551. 071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of the
Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act
• Nielson V City of Wylie
RECONVE E.INTO.OPEN MEETING
Take any action as a result of the Executive Session.
WORK SESSION
• Budget Work Session
ADJOURNMENT
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive e s ol�t l.i1�,talken and recorded in open session.
I certify that this Notice of Meeting was pq,t s*3 u?y�CJuly,2003 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Te Governments "'and that tli0. 1 1t riate news media contacted. As a courtesy, this agenda is
also pos Co the City 'e Website it v US
SEAL� _ < ) �
Date Notice Removed
Caro e Ehrlich, ity et-etary 1
The Wylie Municipal Complex is Wheelchair 5 ••r"'S'•• station or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the rh0` ice at 972/442-8100 or TD 972/442-8170.
Ex. Sum. can read...
"The owners of a 14.8 acre tract on far south Troy Road is requesting a waiver of the
residential alley requirement of the Subdivision so that an application for rezoning from
Agriculture (A) to Single-Family 10/19 can be submitted without alleys. Staff recommends
approval."
WYLIE CITY COUNCIL
AGENDA ITEM NO. B.
July 27, 2004
Issue
Consider and act upon a Final Plat for the Creek Hollow Addition, Phase 2, being all of a certain
22.041 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract
of land being a portion of the larger tract comprised of two parcels as described in deeds to Creek
Hollow-Wylie Lot Option, L.P., recorded in Volume 5474, Pages 8959 and 8967 of the Deed
Records of Collin County, Texas(DRCCT), and being situated in the E.C.Davidson Survey,Abstract
No. 266, City of Wylie, Collin County, Texas.
Background
The Final Plat under consideration is for Phase 2 of the Creek Hollow Addition. The property
includes 22.041 acres and will create 77 single-family residential lots and a 4.825 acre tract to be
dedicated as a public park. The subject property is zoned Planned Development(PD 2003-13),which
limited the total development to 200 residential lots. Phase 1 of the subdivision created 123 single-
family lots.
The approved Planned Development District conforms to the requirements of the Single Family
8.5/17 District except that the minimum lot size is 7,000 square feet,minimum lot width is 60 feet and
lot width of corner lots is 71 feet,the interior side yard is 6 feet and side yard of corner lots is 15 feet.
No alleys are required. The PD Conditions also modified the minimum dwelling size and exterior
wall materials.
Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations". Section
212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat
within 30 days after the date the plat is filed. A plat is considered approved by the municipal
authority unless it is disapproved with that time period".
Financial Considerations
Plat application fees—Paid
The applicant is aware that development impact fees must be paid prior to issuance of a building
permit on each lot.
Other Considerations
1. The Final Plat conforms to the approved Development Plan and Development Conditions of the
Planned Development 2003-13 and complies with the Subdivision Regulations and all other
pertinent code requirements of the City of Wylie.
2. This Plat continues the existing development of the Creek Hollow Addition, and street access to
Westgate Way was provided by the earlier phase.
3. No alleys are required with this development as a Special Condition of the Planned Development.
4. The Plat dedicates 4.825 acres as public park land, about half of which is occupied by floodplain.
An easement is provided along the eastern property line of the park to allow private access for
maintenance of the retaining wall and wrought iron fence.
Board/Commission Recommendations
On July 20, 2004 the Planning and Zoning Commission voted 5-0 to recommend approval ofthe Final
Plat.
Staff Recommendations
Approval.
Attachments
Final Plat
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. C.
July 27, 2004
Issue
Consider and at upon approval of final acceptance of the Newport Harbor Pump Station
Additions, and authorize final payment to Cooper General Contractors, in the amount of
$11,446.18 and accept the project as complete.
Background
The Newport Harbor Pump Station is designed to provide water to the western portions of the City.
The construction of the pump station included the piping and associated appurtenances for four pumps to
allow for future expansion of the station. The initial construction of the station included two 600-gpm
pumps. However,to meet the increased water demands and TCEQ requirements,two additional 2,500-
gpm pumps have been installed.
Financial Considerations
The original project amount was$112,600.00. One change order was issued in the amount of$1,861.85
for the installation of intrusion switches and associated SCADA equipment to increase the security ofthe
building. The final contract price is $114,461.85. Improvements to the Newport Harbor Pump Station
were included in the most recent impact fee calculation and these funds have been used for the project.
The current water impact fee fund balance is approximately $2,900,000.
Other Considerations
Acceptance by the City Council will initiate the one-year warranty period during which the contractor is
liable for any repairs that may be required. A provision in the contract provides that the warranty period
begins on the date of final acceptance by the City.
Staff Recommendations
The Hogan Corporation and Staff recommends final acceptance of the project and issuing final payment
to Cooper General Contractors in the amount of$11,446.18. The contractor has satisfactorily fulfilled
the terms of the contract.
Attachments
Letter from The Hogan Corporation
Final Payment Request
Contractor Affidavit of Final Payment and Release
Consent of Surety
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. D.
July 27, 2004
ISSUE
Consider and act upon a bid for the construction of additional dog runs at the Wylie Animal Shelter.
BACKGROUND
As a mid-year amendment to the fiscal 2004 operating budget,the City Council approved funding for the
construction of additional dog runs at the Wylie Animal Shelter. This addition to the facility is
necessitated by the overflow of impounded animals at the shelter. This project will address not only
issues of humane treatment but also sanitation and safety. It will also eliminate the need to outsource the
boarding of impounded animals to private kennels. A bid has been submitted by Jim Chapman
Construction in the amount of$42,606.00. The scope of work will add nine interior/exterior dog runs.
FINANCIAL CONSIDERATIONS
The amount of the bid under consideration is within the budgeted allocation. Funds are available in the
capital building line item of the Animal Control Department operating budget.
OTHER CONSIDERATIONS
Competitive sealed bids were solicited for this procurement in accordance with Chapter 252 ofthe Texas
Local Government Code.
STAFF RECOMMENDATION
Staff recommends that Council award a contract in the amount of $42,606.00 to Jim Chapman
Construction for the construction of additional dog runs at the Wylie Animal Shelter.
Attachments
Bid
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1.
July 27, 2004
Issue
Hold a Public Hearing and act upon a change in zoning from Community Retail(CR)to Community
Retail(CR)with Special Use Permit(SUP)for a Telecommunications Tower, subject property being
generally located in the southwest corner of F.M. 544 and S.H. 78, and being a 0.014 acre portion of
land out of a larger called 3.953 acre tract described in a deed to Greenway-78, L.P. as recorded in
Volume 4886, Page 4459, of the Collin County Deed Records, City of Wylie, Collin County, Texas.
(Zoning Case 2004-12)
Background
In March of 2004, T-Mobile applied for a Specific Use Permit to install a telecommunications tower,
antenna and equipment at 117 Cooper Drive. The Planning and Zoning Commission recommended
denial of that request because the proposed location is within Wylie's planned commercial center and
highly visible from the community's major street intersection. The City Council subsequently tabled
that earlier request, encouraging the applicant to investigate alternative locations for the tower. The
current request is a response to that request to consider other sites.
The subject property has never been platted into an official lot of record, and has never been
developed. Prior to the Citywide revision of the Zoning Ordinance and Map in November of 2001,
the property was zoned Industrial(I), and Microwave Towers were allowed by right. The property
is currently zoned Community Retail(CR)District, and Telecommunications Microwave Towers are
allowed within the CR District only with an approved Special Use Permit (SUP).
The larger parent property totals 3.953 acres. The applicant is leasing 617 square feet(0.014 acre)at
the rear/south of the lot, as well as an access easement along the west property line to F.M. 544, in
order to construct the telecommunications tower and equipment for commercial purposes. No use
has been announced for the remainder of the lot. The property was recently removed from the
floodplain and can accommodate any appropriate use.
Specifically, the proposed location for the tower is to the extreme south portion of the parent lot,
abutting the KCS/DART railroad corridor and State Highway 78. The relocated rail tracts and a
major drainage channel bound the subject property on the east as well as south. The rail corridor is
approximately 100 feet wide and S.H. 78 is 120 feet wide, and due to the proximity of the railroad
and drainage,the north side of S.H. 78 cannot be developed in this area. The proposed tower tract is
directly across S.H. 78 from the common boundary between the Wylie Butane Mobile Home Park
(zoned and developed as MH)and the campus of the Bariatric Care Center(zoned Community Retail
and developed as medical offices). The abutting property to the west is the abandoned Carlisle
manufacturing facility. The abutting property to the east, across the rail and drainage corridors, is
zoned Community Retail and is developed with the new CVS Pharmacy. Properties to the north,
across F.M. 544, are zoned Corridor Commercial but are developed in a mixture of uses under the
older industrial zoning.
Section 5.4 of the Zoning Ordinance allows consideration of a Special Use Permit(SUP)for certain
uses within certain districts as a means to more carefully and specifically evaluate the effects of certain
uses on surrounding properties or when necessary to establish for such uses in such locations any
special conditions of development and/or operation necessary to insure that the use is more
compatible and consistent with the character of adjacent properties than that use may be normally in
other locations. An SUP does not change the zoning of the land but overlays the existing zoning with
site-and project-specific additional uses and regulations. The Planning and Zoning Commission and
the City Council shall evaluate a request for an SUP to determine its probable effect on adjacent
properties and the community as a whole, and may impose any reasonable conditions for the granting
of an SUP. The Zoning Ordinance requires such special regulations in many cases. Failure at any
time to comply fully with the approved conditions of the SUP, whether as generally stated within the
Ordinance or as special Conditions for a given site, will result in the revocation of the SUP and
cancellation of the Certificate of Occupancy.
The proposed telecommunications facility will comply fully with all development requirements ofthe
City of Wylie codes(see attached Section 5.2.G.14). The tower will be a tapered monolithic pole, a
maximum of 120 feet in height, with no supporting guy wires. All antennas will be enclosed within
the tower pole,rather than attached to its exterior. Electrical and telecommunications equipment will
be located within metal cabinets on a raised steel platform. Both the cabinets and tower will be within
a masonry wall (although the attached plans indicate a chain link and barber wire fence). All
transmission and service wiring will be located underground, entering the compound from utility
easements to the north. A paved drive and parking, within an easement, will provide access between
the facility and Cooper Drive(the drive and required parking will be concrete, although the attached
plans indicate gravel).
The Zoning Ordinance requires an approved Special Use Permit (SUP) for the construction and
operation of Telecommunications Towers and Antennas in most zoning districts. The Federal
Communications Commission ultimately regulates such telecommunications operations, but has
determined that local authorities may establish reasonable limitations of these facilities in order to
achieve local goals an protect safety and welfare. The Council may,therefore, either approve or deny
the request or approve the SUP subject to any reasonable special conditions or stipulations deemed
appropriate for this particular site and operation.
Financial Considerations
Zoning application fee has been paid.
Other Considerations
1. Public Comment Forms were mailed to six (6) property owners within 200 feet of this request.
No Comment Forms have been returned at the time of posting.
2. T-Mobile earlier requested a Specific Use Permit(SUP)for a similar tower at 713 Cooper Street,
which has been tabled by the Council while T-Mobile investigates alternative locations with less
visual impact on the planned central business area at S.H. 78 and F.M. 544. The current request
is part of that promised investigation. Only one SUP,for either the earlier or the current site,will
be granted, as telecommunications towers must be located no closer than 5,000 feet from another
tower.
3. The subject property, as well as those abutting to the east and west, is zoned Community Retail
(CR)District. The Comprehensive Plan recommends that this area become Wylie's new central
shopping and business center and accommodate a broad mix of commercial uses intended to
service Wylie's total population. Recent commercial developments within the vicinity,including
the Albertsons and Home Depot as well as the CVS and Walgreens Pharmacies, conform to this
Plan and reflect the image of desired future high-intensity commercial development for the area.
The size and configuration of the subject property and its proximity to major regional
thoroughfares, as well as the absence of floodplain and utility easements, support its potential for
such commercial development as planned.
4. The intersection of S.H. 78 and F.M. 544 is the new central place of Wylie, and the tower will be
visible from these public streets and the abutting developments. The tower will be located
approximately 100 feet north of S.H. 78 and with no potential for being screened by future
development, and, therefore, fully visible by traffic within this regional corridor (and the major
thoroughfare through Wylie). No existing tower within Wylie is located as close to a major
thoroughfare as is this proposed site. However,the monolithic shape and silver color of the pole,
with no attached signage or lighting and enclosed antennas, should blend somewhat with its
background(whether sky and trees or future commercial buildings)and lessen its visual impact at
this important location. The north-side right-of-way and rail corridor of S.H. 78, are somewhat
higher than both the traffic lanes and proposed tower site, and should effectively screen the
ground-level equipment and lower portion of the tower from S.H. 78 traffic. Future commercial
buildings will largely screen the equipment and tower from view of traffic along F.M. 544 to the
north.
5. The proposed tower and associated development will comply fully with all of the specific
regulations of the current Zoning Ordinance. In September of 2002, the Planning and Zoning
Commission approved construction of a 150 feet high monolithic-pole tower and equipment
building for another provider on Regency Drive(because that property was zoned Industrial and
application had been made prior to revisions to the Zoning Ordinance, the Regency facility
complies with the previous regulations and only site plan approval was required).
6. That limited portion of the lot on which the tower is to be located and to which the SUP will
apply is to be leased by the owner to the third-party utility T-Mobile. The SUP will run with the
land and with the land ownership rather than with the tower ownership(T-Mobile), and all future
users of the tower must comply with current regulations for telecommunications towers and any
special Conditions stipulated for the SUP.
7. Wireless communications require a network of line-of-sight towers in order to transmit
uninterrupted service. The applicant has provided documentation of an area at the intersection of
S.H. 78 and F.M. 544 which is currently not served adequately by access to telecommunications
signals(see attached maps and locations of existing towers and service areas). The applicant has
also contacted several properties in the vicinity to evaluate other potential locations(see map of
sites). The applicant argues the opportunities for towers to fill this gap of service have been
investigated sufficiently to be limited to either the subject location or that on Copper Street
previously submitted.
8. The communication function of the tower is a public/community service(if not necessity)as much
as it is a private economic venture. Towers of similar height and greater visibility provide electric
power and emergency communications(City police and fire dispatch), and elevated storage tanks
provide water for consumption and fire protection largely immune from the level of regulation
required of private telecommunications facilities.
Board/Commission Recommendation
At the July 6, 2004 meeting the Planning and Zoning Commission voted 6-0 to recommend approval
of the SUP with the following stipulations:
• No portion of the tower or appendages can be taller than 120' in height
• Screening must be an 8 foot concrete masonry split-faced wall
• The antennas must be enclosed within the tower pole
Staff Recommendation
Approval.
Although the tower will be highly visible from S.H. 78 and is within Wylie's new retail center, the
visual impacts of the tower will be controlled as much as possible by natural terrain, sighting and
construction(pole tower with enclosed antennas), and the communication function serves a needed
public service.
Attachments
Ordinance with SUP Conditions
Location Map
Site Plan and Construction Details
Applicant's maps of existing tower coverage and need
Requirements of the ZO for Telecommunications Towers
Photographs of the site and comparable towers
Notification List and Map
Prepared by Reviewed by Finance City Manager Approval
ORDINANCE NO. 2004-24
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 2004-12,
TO COMMUNITY RETAIL (CR) DISTRICT WITH A
SPECIAL USE PERMIT (SUP) ALLOWING FOR
TELECOMMUNICATIONS TOWER;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 Community Retail (CR) District with a Special Use Permit,
allowing for a telecommunications tower, said property being described in Exhibit"A" and Exhibit
"B" attached hereto and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is
hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as
a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be
construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it
have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue,nor
as effecting any rights of the municipality under any section or provisions of any ordinances at the
time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 27th day of July, 2004.
By
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Exhibit "A"
Legal Description
ZC #2004-12
Lease Area
BEING a 0.014 acre (616.77 sq. ft.) tract and being all that certain lot, tract or parcel of land
situated in the E. C. Davidson Survey, Abstract No. 267, Collin County, Texas, and being part of
a called 3.953 acre tract described in a deed from Robert R. Martinez, Marcos F. Martinez,
Ronald F. Martinez, Ernesto F. Martinez, Eugenio F. Martinez and Elida M. Price to Greenway-
78, L.P. as recorded in Volume 4886, Page 4459, Collin County Deed Records, and being more
particularly described as follows:
COMMENCING from a 1/2 inch iron rod found at the southwest corner of said 3.953 acre tract
on the northwest line of a railroad;
THENCE North 51 degrees 47 minutes 47 seconds East along the southeast line of said 3.953
acre tract a distance of 64.86 feet and North 38 degrees 12 minutes 13 seconds West across said
3.953 acre tract a distance of 27.22 feet to a 1/2 inch iron rod set at the POINT OF
BEGINNING;
THENCE South 03 degrees 46 minutes 55 seconds West across said 3.953 acre tract a distance
of 22.53 feet to a 1/2 inch iron rod set at the beginning of a curve to the right, for a corner;
THENCE across said 3.953 acre tract and along said curve to the right having a radius of 512.89
feet, an arc length of 15.58 feet, and being subtended by a chord bearing of South 50 degrees 56
minutes 27 seconds West a distance of 15.58 to a 1/2 inch iron rod set at the end of said curve,
for a corner;
THENCE South 50 degrees 36 minutes 45 seconds West across said 3.953 acre tract a distance
of 2.74 feet to a 1/2 inch iron rod set, for a corner;
THENCE North 86 degrees 13 minutes 05 seconds West across said 3.953 acre tract a distance
of 6.57 feet to a 1/2 inch iron rod set, for a corner;
THENCE North 03 degrees 46 minutes 55 seconds East across said 3.953 acre tract a distance of
35.00 feet to a 1/2 inch iron rod set, for a corner;
THENCE South 86 degrees 13 minutes 05 seconds East across said 3.953 acre tract a distance of
20.00 feet to the POINT OF BEGINNING of said 0.014 acres (616.77 sq. ft.) of land.
Exhibit "B"
CONDITIONS FOR SPECIFIC USE PERMIT
T-Mobile Telecommunications Tower
South of F.M. 544 and west of S.H. 78
(Greenway Tract)
Zoning Case No. 2004-12
General Conditions:
1. This Specific Use Permit shall not effect any regulation within the Code of Ordinances, except
as specifically provided herein.
2. This Specific Use Permit shall apply only to that area leased by T-Mobile and its predecessors
for the telecommunications equipment and tower as well as the access easement, as defined in
the legal description and Development Plan attached hereto.
3. All regulations of Community Retail (CR) District set forth in Article 4, Section 4.2.A of the
Comprehensive Zoning Ordinance (as adopted February 27, 200) are included by reference
and shall apply except as provided herein.
4. The attached Development Plan (Exhibit C) shall conform to the written conditions of the
Planned Development, but in case of conflict between the two, the written conditions shall
prevail.
Special Conditions:
1. The telecommunications tower and related facilities shall at all times conform fully to the
requirements of the Article 5, Section 5.2.G.14 of the Zoning Ordinance as adopted as of the
date of the approval of this Specific Use Permit, and especially that the tower be a monolithic
pole with no guy wires and that no part of the tower and appendages thereto shall exceed 120
feet in height above finished grade.
2. The base of the tower and all equipment shall be enclosed by a screen wall of split-faced
concrete blocks (CMUs) not less than 8 feet in height. The gate shall be a material sufficient
to eliminate through visibility. Any wire security enclosures shall be fully concealed by the
screen wall.
3. T-mobile shall allow the use of the tower by other telecommunications providers as
appropriate for the effective operations of all providers, and all antennas shall be enclosed
within the monolithic tower pole.
4. The access drive shall be not less than 12 feet in width, constructed of concrete as approved
by the City Engineer, and shall be marked as a Fire Lane. Parking spaces shall be provided as
required by the Zoning Ordinance, and shall be concrete as approved by the City Engineer.
5. No signs shall be attached to the screen wall or tower, except that required for the operations
and emergency contact of the tower's ownership.
Message Page 1 of 1
From: Lisa Price [Iprice@ci.wylie.tx.us]
Sent: Monday, July 1 9, 2004 1 :47 PM
To: Carole Ehrlich
Subject: 7/27 agenda
Carole,
We will have 2 agenda items on the 27th, but the Final Plat is on our P&Z agenda Tuesday (tomorrow). I will
send you both items on Wednesday morning. Here are the captions for these items:
Consider and act upon a Final Plat for the Creek Hollow Addition, Phase 2, being all of a certain 22.041 acre
tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being a portion
of the larger tract comprised of two parcels as described in deeds to Creek Hollow-Wylie Lot Option, L.P.,
recorded in Volume 5474, Pages 8959 and 8967 of the Deed Records of Collin County, Texas (DRCCT), and
being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas.
Hold a Public Hearing and act upon a change in zoning from Community Retail (CR) to Community Retail
(CR) with Special Use Permit(SUP) for a Telecommunications Tower, subject property being generally located
in the southwest corner of F.M. 544 and S.H. 78, and being a 0.014 acre portion of land out of a larger called
3.953 acre tract described in a deed to Greenway-78, L.P. as recorded in Volume 4886, Page 4459, of the Collin
County Deed Records, City of Wylie, Collin County, Texas. (Zoning Case 2004-12)
Lisa Price
Planning Technician
City of Wylie
972/442-8155
972/442-8115 fax
1pricecci.wylie.tx.us
file://L:\Agenda Packets\Agenda Packets 2004\07-July\07-27-2004\727 agenda.htm 3/7/2008
WYLIE CITY COUNCIL
AGENDA ITEM NO. 2.
July 27, 2004
Issue
Consider and act upon a request to waive Section 3.2.B of the Subdivision Regulations requiring
alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally
located east of Troy Road and north of County Line Road, being part of a tract deeded to I. L.
Whitsell as recorded in volume 44, Page 204 of the Deed Records of Rockwall County, Texas, and
situated in the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County, Texas.
Background
Section 3.2.B of the Subdivision Regulations states that "Alleys shall be required in all residential
districts and shall be constructed in accordance with the adopted Engineering Design Manual. The
City Council may waive this alley requirement or part thereof when such is determined to be in the
best interest of the City".
The subject property was annexed into the City of Wylie on June 8, 2004, and at that time zoned as
Agriculture (A) District. The owner subsequently requested that the property be rezoned into two
separate tracts and zoning classifications. Tract 1, 4.8 acres fronting Troy Road, was to be
Neighborhood Service(NS)District for convenience retail and office uses. Tract 2,the remaining 10
acres to the east was to be zoned Single-Family lA Residential(SF 1A/26) allowing lots of one acre
(although the owner anticipated developing it as 5-acre tracts like neighboring property to the east
and south). That zoning request was withdrawn when staff recommended denial due to the proposed
commercial and was never considered by the Planning and Zoning Commission of Council.
The owner has again submitted a request to rezone the property to Single-Family 10 Residential(SF
10/19)District, allowing lots of 10,000 square feet and larger. This request will be considered by the
Planning and Zoning Commission on August 17 and by the Council on September 14.
The owner/applicant is requesting that the requirement for alleys be waived.
Financial Considerations
More private development lots (and resulting property tax revenue) can be achieved without alleys.
The public maintenance and replacement cost will be eliminated.
Other Considerations
1. The subject property does not immediately abut any developed properties within the City of
Wylie. The Sunset Ranch Estates subdivision, within unincorporated Rockwall County,abuts the
property on the north, and is developed with lots of approximately 1/3'd acre without alleys. The
closest developed property within Wylie is the Pheasant Creek subdivision (still under
construction) between Troy and County Line Roads, which has lots of 7,200 square feet and
includes alleys.
2. Because of the existing character and uses of the lands bordering the subject property, alleys are
inappropriate to its perimeter and might be appropriate only for interior lots. The property is
bounded on the east and southeast by a major electric transmission corridor which is within the
City of Garland corporate jurisdiction and cannot be developed. The property abutting on the
north is a developed subdivision which does not provide alleys. It is not appropriate to provide
alleys for lots which back onto Troy Road.
3. The major functions of alleys are largely accommodated by other development regulations of
Wylie's code. Storm water is required to drain to the streets, and only approximately the rear
one-third of lots might drain to alleys. Public utilities are located within streets, and private
utilities are located in easements within the front yard. Alleys cannot normally be utilized by Fire
and other emergency vehicles, and refuse collection trucks require that all houses within a
subdivision be served at similar locations (so trash is collected on the front street in subdivision
which have any houses not served by alleys). Alleys are constructed by the developer, but
maintained by the City, and maintenance represents the greater portion of their life-cycle cost.
For these reasons, staff supports the elimination of alleys.
4. Wylie's Zoning Ordinance discourages garages and access drives which face streets, because
drives reduce the carrying capacity of streets and open garages are often unsightly, and alleys are
largely intended to provide rear access to garages. However, lots of 10,000 square feet and
larger generally provide sufficient space swing drives and side access to garages, eliminating
street-front openings.
5. The Comprehensive Plan recommends County Residential uses for the subject property,
envisioning lots larger than one acre served by rural streets with open drainage.
Board/Commission Recommendations
The Planning and Zoning Commission is scheduled to consider rezoning of the subject property to
Single-Family 10 (SF 10/19).
Staff Recommendations
Approval.
The functions of alleys will be accommodated by other measures, and the addition of alleys requires
the expense of City maintenance funds for no significant public goal.
Attachments
Location Map
Applicant's letter requesting waiver
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 3.
IIA
Issue
Consider and act upon the approval of a waiver by the City of Wylie for all permit fees, including water
and sewer tap fees, as part of a Development Agreement between the Wylie Economic Development
Corporation (WEDC) and Bayco Products, Ltd.
Background
In November 2003, the WEDC began to negotiate with Bayco Products, Ltd. for the
relocation/consolidation of Bayco facilities currently located in Dallas and Ft. Worth. Bayco intends to
develop a 110,000 square foot corporate headquarters/distribution facility on 8.3 acres located on
Sanden Boulevard. Bayco will employ approximately 75 employees with roughly two-thirds being
hourly workers. The facility will be adjacent and to the north of Southern Fastening Systems of Texas,
Inc. For comparison, the Southern Fastening facility is 60,000 square feet. Bayco has committed to
completing the facility and receiving a certificate of occupancy (CO) by September 15, 2005.
The Development Agreement, as attached, outlines the incentive package being offered to Bayco. In
order to obtain the necessary land for the facility,the WEDC purchased 5.05 acres from the Birmingham
Land Trust, with a purchase price of $495,000 including interest, and 3.244 acres from Richard
Parker/Ben Scholz. The purchase price of$45,000 for the Parker/Scholz tract was reimbursed to the
WEDC by Bayco. At the time a CO issued for the facility,the WEDC will release all interest in the land.
Prior to CO, the WEDC will retain a first lien. The WEDC will also reimburse Bayco in an amount not
to exceed$100,000 for moving expenses and reclaiming property from the flood plane. All ofthe above
incentives committed to this project are funded out of 4A sales tax monies.
The final incentive offered to Bayco pertains to all permit fees related to the construction of the facility
which could be funded by the WEDC or waived by the City of Wylie. The approximate value of this
incentive is $19,355 which includes plan review, building permit, mechanical, electrical, and plumbing
permits, and water and sewer tap fees. Not included in this amount and not presented for consideration
are water and sewer impact fees which equal$19,480. The WEDC is formally requesting that the Wylie
City Council waive the above fees.
In order for the above incentives to be forgiven,Bayco must maintain a minimum appraised value of$6.4
million for years 1 through 4 of the Agreement. As well, in year five Bayco must have paid cumulative
ad valorem taxes to the City of Wylie and WISD in an amount not less than$657,000 during the life of
the Agreement. The$657,000 was arrived at by estimating an average appraised value of$8 million for
each year of the five year agreement. Should Bayco be in default during any given year, as defined by
the agreement, Bayco will be obligated to refund $122,490.20 to the WEDC.
Financial Considerations
The Community Services Department will be providing plan review for the Bayco project in-house.
Therefore, all costs associated with plan review will strictly be manpower.
Based upon a project value of$7.99 million, Bayco will generate approximately$56,362 to the City of
Wylie and$75,000 to the Wylie Independent School District on an annual basis in new ad valorem taxes.
Please note that the WISD receipts are impacted by the Freeport Tax Exemption. The exemption of
certain inventory goods in transit was passed by the WISD Board of Trustees. The City of Wylie has not
considered or passed the Freeport Exemption. Of the total project value, inventory is valued at $4
million with the facility projected at $2.9 million. The balance is a combination of land and personal
property (furniture and equipment).
Based upon projected revenue, assessed valuation, and incentives being offered,the break even point for
the Bayco Project is 4.7 years. An Incentive Analysis has been provided for your review.
Other Considerations
Under Section 380.001(a) {Economic Development Programs} of the Texas Local Government Code,
"The governing body of a municipality may establish and provide for the administration of one or more
programs,including programs for making loans and grants of public money and providing personnel and
services of the municipality, to promote state or local economic development and to stimulate business
and commercial activity in the municipality."
Board/Commission Recommendation
On June 4, 2004, the WEDC Board of Directors met in regular session, approving the Development
Agreement by a vote of 5 —FOR and 0 —AGAINST.
Staff Recommendation
Staff recommends that the Wylie City Council authorize the waiver of all permit fees related to the
construction of the 110,000 square foot, Bayco Products, Ltd facility.
Attachment
Development Agreement
Incentive Analysis
Prepared by Reviewed by Finance City Manager Approval