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08-24-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, AUGUST 24, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL<TD OVER Il VOCATION .EDGE OFALLEGIANC • Boy Scout Troop 302 will perform the Flag Ceremony and lead the Pledge of Allegiance ............................................... PFt©GLAMATI41��c�FR��i��TTA'TIQNS • Present Special Recognition Award to the Davis Family for their work and dedication to the Wylie Flyers Track Club sponsored by the Wylie Parks and Recreation Department. • Present Special Recognition Award to Steve Abram for his work and dedication to the City of Wylie and his contribution to the success of the Wylie Wave Summer Youth Program. C TT 1 5 PART GIPA.TIO.N C©1 SENT A E A Alt matters lifted under the consenti Agenda are considered to he routine by the City Council and will he enacted by lone motion. Where si-ill not;he separate discussion of tliese items.H'discussiondisussjiroWdgstred ::thojtint wIllYbrevnpiid from tie Coa ent Agenda and will be considered separately A. Approval of the Minutes from the regular called Council Meeting of August 10, 2004. B. Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge North, Phase 1 Addition, being all of a certain 27.6438 acre tract of land generally located west of Hooper Road and south of F.M. 544 and the Regency Business Park Phase H Addition, said tract being part of the tract of land described in a deed to Ben L. Scholz, et al, as recorded in Volume 3282, Page 804 of the Deed Records of Collin County, Texas, being situated in the William Sachse Survey,Abstract No. 835,City of Wylie,Collin County,Texas. 1Ntll Vl l)( A 1. Coi sIn AT1 O 1. Hold the first of two Public Hearings for the annexation of a 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099,and the William Sutton Survey,Abstract No. 860, Collin County,Texas and the E.M.Price Survey,Abstract No. 1114,Dallas County,Texas,and generally located at the northwest corner of Vinson Road and FM 544. Executive Summary This annexation is at the request of the property owner. A zone change request is being processed concurrently with the annexation.This property was previously before Council in May 2004 for annexation and was withdrawn at the request of the property owner. Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two(2)public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the public hearing schedule with the notice being published August 11,2004;first public hearing August 24,2004;second public hearing August 31,2004;and adoption of the proposed ordinance September 28,2004. 2. Hold the first of two Public Hearings for the annexation of a 66.194 acre tract out of the Francisco De La Pina Survey,Abstract#688,Collin County,Texas and generally located west of Stone Road,east of Kreymer. Executive Summary This annexation is at the request of the property owners. A zone change request is being processed concurrently with the annexation. Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two(2)public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the public hearing schedule with the notice being published August 11,2004; first public hearing August 24,2004; second public hearing August 31,2004;and adoption of the proposed ordinance September 28,2004. 3. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)District to Planned Development (PD) District for single-family residential development, being all of a certain 100.0448 acre tract of land generally located north of F.M. 544 and the DART/KCS Railroad corridor and west of F.M. 1378 and east of the Lakeside Estates Phase 3 and Wooded Creek Estates Phase 2 Additions, said tract being a portion of that 27.44 acre tract conveyed to Paul P. Taylor and Lavern C. Taylor according to the warranty deed recorded in Volume 645,Page 470 of the Land Records of Collin County,Texas,and part of a 100.3287 acre tract conveyed by deed to J.L.Brand and Dorothy S. Green as recorded in Volume 1376,Page 94 of the Deed Records of Collin County, being situated in the Moses Sparks Survey, Abstract No. 8849, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-13). Executive Summary The applicant is requesting rezoning from Agriculture (A) to Planned Development District(PD) in order to develop a single-family residential subdivision comparable to neighboring residential trends but differing from the standard requirements of the Zoning Ordinance. The Conditions of the PD require minimum lot sizes of 6,000 sq. ft.,with half of the lots to be 50 ft.wide and half to be 60 ft. Minimum house size is 1,700 sq. ft.,and 75%must be 1,900 sq. ft. or larger. 44%of the property is occupied by the Muddy Creek floodplain and reservoir,and this acreage is being dedicated as public park land as a balance for a higher density of development. With the floodplain, the proposal reflects a gross density of 2.5 lots per acre, compared to 1.4 lots per acre recommended by the Comprehensive Plan and 4.4 lots per acre for the proposed development without the floodplain dedication. The Planning & Zoning Commission recommends approval,and the Park and Recreation Board agrees to accept the floodplain dedication in fulfillment of park dedication requirements. 4. Consider and act upon authorizing the purchase of a Wireless Network(Nexgen) in the amount of$83,859.00, using funds received through a Homeland Security Grant in the amount of$83.859.00. Executive Summary Recent developments in technology and the availability of Homeland Security infrastructure grants have prompted a cause to reevaluate our current solution for connectivity within Wylie Communications. The Nexgen City communication approach embeds a wireless router in every device so that each unit can extend the network,determine optimum paths for data transmission and provide additional paths for connectivity. The dynamic routing capability of the network enables devices to hand off communications seamlessly, even in vehicles traveling at high speeds.This system will be purchased upon approval with funds awarded through a homeland security grant in the amount of$83,859.00 designed to enhance public safety and first responder communications infrastructure. The COW would not bear the cost of deployment for the network. COW would then own the Nextgen system solution. READING QF O llINANCE5;TITLE & C JTI.ON APPROVED BX COUNCIL AS REQUIRED BY`. W LIE CITY CHARTER,AR.TICL.E� III,S.E3 CTION 13- • ADJOURN E CT 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 Execuiyaession, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive`�S 6c` �ivr t�� ken and recorded in open session. I certify that this Notice of Meeting wea�r d oonn•tthis.IbtJ,�d�"".pf August, 2004 at 5:00 p.m. as required by law in accordance with Section 551.042 of th,o as Gov3rnhftht _d that`the appropriate news media contacted. As a courtesy,this agenda is also po ed to the Ci of ylie WeEsite at r� lie.t .us wM1 7 C Carole Ehrlich, ty ecretary . • :' Date Notice Removed .• C .......... -i � The Wylie Municipal Complex is Wheelchair69iel}Ali1 .T§i eiterpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the 6rorsto ry's office at 972/442-8100 or TD 972/442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. B. August 24, 2004 Issue Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge North,Phase 1 Addition,being all of a certain 27.6438 acre tract of land generally located west of Hooper Road and south of F.M. 544 and the Regency Business Park Phase II Addition,said tract being part of the tract of land described in a deed to Ben L. Scholz,et al,as recorded in Volume 3282,Page 804 of the Deed Records of Collin County,Texas,being situated in the William Sachse Survey,Abstract No. 835, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration totals 27.6438 acres in size, and will create 207 residential lots for attached dwellings,an amenity center and six common areas to be maintained by the Homeowners Association. Right-of-way for the future Woodbridge Parkway,the southern extension of Country Club Road(F.M. 1378),and the realignment of Hooper Road is also provided by this Plat. The subject property was zoned as a Planned Development District(PD 2003-01)in January of 2003. The plat creates 96 duplex lots on approximately 17,25 acres to the eastern side of the tract,and 111 townhouse lots on 10.39 acres toward the west. As historically required by Wylie's Zoning Ordinance,each dwelling will be located on a separate lot with a common wall of the dwelling at the common property line. The adopted Development Standards of the PD provide that the duplexes be developed in accordance with the standard requirements of the Townhouse District of the Zoning Ordinance. These regulations require a minimum lot size of 3,500 square feet, and lots at least 30 feet wide with front yards of 15 feet and rear yards of 25 feet. Standard public streets access the duplexes. The townhouses are to be accessed by private 24 feet wide access easements which also serve as fire lanes and utility easements,and developed according to modified regulations adopted with the PD. The PD Development Standards include a minimum lot area of 2,200 square feet,with a minimum width of 22 feet. Rear yard setbacks are 20 feet from the rear property line,or 30 feet when adjacent to a fire lane access easement. Properties abutting the subject property to the north are platted as the Regency Business Park. This area is currently zoned Business Center(BC)District,haying been rezoned from Industrial(I)with the adoption of the new City-wide Zoning Ordinance and Map in November of 2001, and is developing as a mixture of light industrial uses. The property to the south is zoned Agriculture (A), and is occupied by a rural residence and business. The subject tract abuts an abandoned land fill to the southwest,which is within unincorporated Collin County, and which cannot be developed. The property to the west has never been platted or developed, and is zoned Agriculture(A) as a holding district until appropriate urban uses are determined. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a)states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid Other Considerations 1. The Plat realigns Hooper Road, and until the proposed Woodbridge Parkway is extended to connect with Country Club Road, Hooper will serve as the major entry to the development. A second point of access/egress is provided for emergency circulation through the existing Regency Drive which currently ends at the northern line of the subject property. A central collector street(denoted as "Street A") dissects the development east to west with a 60 feet right-of-way. Part of the right-of-way required for the future Woodbridge Parkway is also dedicated. 2. Alleys are not provided throughout the development created by this Plat. The Development Standards of the Planned Development District allows that the provision of alleys within the duplex area shall be at the discretion of the developer, and that the private access easements and fire lanes replace the normal alley requirement. 3. In addition to an amenity center for recreational facilities, the Plat provides four common areas for landscaping which are to be dedicated to the Homeowners Association for maintenance. No land is dedicated by this Plat for public parkland, and either land or funds must be provided as future phases are proposed. 4. The Development Plan/Preliminary Plat conforms to the Concept Plan adopted by the Planned Development District and complies with the requirements of the PD's Development Standards, as well as all applicable technical requirements of the City of Wylie. Board/Commission Recommendation At the August 17, 2004 Planning and Zoning Commission meeting,the Commission voted 4-0 to recommend approval of this Preliminary Plat. Staff Recommendation Approval. The Departments of Planning,Engineering and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by Reviewed by Finance City Manager Approval #1 Special Recognition Award Davis Family (Ty Davis, wife-Rayshon, children Tara Davis, Mariah Davis, Colin Ayers, Marcus Ford, and Rayveen Ford) Ty Davis approached the Parks and Recreation Department in 2003 about beginning a summer track program for the youth in Wylie. Staff investigated and worked with Ty and Evelyn Gordon the Wylie High School coach to make the program a reality. In the first year of the program 35 athletes participated in the "Wylie Flyers Track Club." With some minor improvements the Davis family again spearheaded the program in 2004. In 2004 the program grew to 106 athletes. During both years of the program the Wylie Flyers Track Club has sent many athletes to the regional and state track meets to represent Wylie. This year due to the large increase in participation it has taken the efforts of not only Ty, but also his entire family...it has truly become a family affair. This Special Recognition Award is given to the Davis Family for their work and dedication to the Wylie Flyers Track Club sponsored by the Wylie Parks and Recreation Department. This family gives of their time as well as their hearts to making this community a great place to live while enriching the lives of many Wylie residents. #2 Special Recognition Award Steve Abrams Steve began working with the City of Wylie in the year 2000 as the first Site Supervisor the inaugural summer of the Wylie Wave Summer Youth Program. Steve was instrumental in making the program the success it is today. The program's first summer began with approximately 35 children and 8 staff and has now grown to about 140 children and 15 staff. Steve, being a science teacher at Wylie High School, has brought his passion for teaching to a program that has flourished under his guidance. Steve has created a great summer environment for not only the children participating in the program but the parents of the children and the staff. Steve will not be returning for a sixth summer in 2005 because he is trying to complete his master's degree in education. Therefore this Special Recognition Award is given to Steve Abrams for his work and dedication to the City of Wylie and his contribution to the success of the Wylie Wave Summer Youth Program. Steve has given his time as well as his heart to making this community a great place to live while enriching the lives of many Wylie residents. WYLIE CITY COUNCIL AGENDA ITEM NO. 1. August 24, 2004 Issue Hold the first of two Public Hearings for the annexation of a 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas, and generally located at the northwest corner of Vinson Road and FM 544. Background This annexation is at the request of the property owner. A zone change request is being processed concurrently with the annexation. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings August 11, 2004 First Public Hearing August 24, 2004 Second Public Hearing August 31, 2004 Adoption of Ordinance September 28, 2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan Prepared by Reviewed by Finance City Manager Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA RICE TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 185.1449 acres SURVEY, ABSTRACT & COUNTY: The E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. 2. August 24, 2004 Issue Hold the first of two Public Hearings for the annexation of a 66.194 acre tract out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally located west of Stone Road, east of Krevmer. Background This annexation is at the request of the property owners. A zone change request is being processed concurrently with the annexation. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings August 11, 2004 First Public Hearing August 24, 2004 Second Public Hearing August 31, 2004 Adoption of Ordinance September 28, 2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan Prepared by Reviewed by Finance City Manager Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA KREYMER TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 66.174 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. Message Page 1 of 1 From: Lisa Price [Iprice@ci.wylie.tx.us] Sent: Monday, August 16, 2004 1 1 :00 AM To: Carole Ehrlich Carole, Here are the captions for our 2 agenda items. I will send both items on Wednesday morning. Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge North, Phase 1 Addition, being all of a certain 27.6438 acre tract of land generally located west of Hooper Road and south of F.M. 544 and the Regency Business Park Phase II Addition, said tract being part of the tract of land described in a deed to Ben L. Scholz, et al, as recorded in Volume 3282, Page 804 of the Deed Records of Collin County, Texas, being situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) District to Planned Development (PD) District for single-family residential development, being all of a certain 100.0448 acre tract of land generally located north of F.M. 544 and the DART/KCS Railroad corridor and west of F.M. 1378 and east of the Lakeside Estates Phase 3 and Wooded Creek Estates Phase 2 Additions, said tract being a portion of that 27.44 acre tract conveyed to Paul P. Taylor and Lavern C. Taylor according to the warranty deed recorded in Volume 645, Page 470 of the Land Records of Collin County, Texas, and part of a 100.3287 acre tract conveyed by deed to J.L. Brand and Dorothy S. Green as recorded in Volume 1376, Page 94 of the Deed Records of Collin County, being situated in the Moses Sparks Survey, Abstract No. 8849, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-13). 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\08-August\08-24-2004\Untitled.htm 3/7/2008 WYLIE CITY COUNCIL AGENDA ITEM NO. I August 24, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture(A)District to Planned Development (PD)District for single-family residential development,being all of a certain 100.0448 acre tract of land generally located north of F.M. 544 and the DART/KCS Railroad corridor and west of F.M. 1378 and east of the Lakeside Estates Phase 3 and Wooded Creek Estates Phase 2 Additions,said tract being a portion of that 27.44 acre tract conveyed to Paul P. Taylor and Lavern C. Taylor according to the warranty deed recorded in Volume 645,Page 470 of the Land Records of Collin County, Texas, and part of a 100.3287 acre tract conveyed by deed to J.L. Brand and Dorothy S. Green as recorded in Volume 1376,Page 94 of the Deed Records of Collin County,being situated in the Moses Sparks Survey,Abstract No. 8849,City of Wylie,Collin County,Texas. (Zoning Case No. 2004-13). Background The subject property totals 100.0994 acres currently in two ownerships,and has never been platted or developed. The property is zoned Agriculture(A) District as a holding zone. The applicant is requesting rezoning of the property to a Planned Development District in order to development a single-family residential subdivision comparable to the existing neighboring residential trends but which differs somewhat from the standard requirements of the Zoning Ordinance. Nearly half of the property within the subject PD is occupied by the floodplain of Muddy Creek,including the Muddy Creek Reservoir,and therefore is not developable. The southern boundary of the subject property is the DART/KCS Railroad corridor. Lakefield Drive, a collector street 65 feet in width,transects the property from east to west and must be continued by this development to connect with F.M. 1378 (Country Club Road). The proposed Conditions of the Planned Development District limits the development to 250 residential lots,and provides for a minimum lot size of 6,000 square feet. The proposed minimum lot width is 50 feet but at least 50%of the lots must be a minimum of 100 feet wide at the building line. Interior side yard setbacks are 5 feet. Minimum dwelling size is proposed to be 1,700 square feet, but at least 75% shall exceed 1,900 square feet. Alleys are not required. Some of the floodplain will be reclaimed for residential lots,but 43.76 acres (most of which is floodplain) will be dedicated to the City as park and open space and remain undeveloped except for passive recreation. The property to the northwest of the subject property is zoned Planned Development District(PD 2002-02)and is developing as the Wooded Creek subdivision with a minimum lot size of 7,200 square feet, although all lots immediately abutting the subject tract exceed 8,600 square feet. The property to the southwest is developed as the Lakeside Estates subdivision(PD 1999-18)allowing lots as small as 6,000 square feet,although those lots immediately abutting the subject tract exceed 7,700 square feet. Public Comment Forms were mailed to eighty-nine (89) property owners within 200 feet of this request as required by State law. One(1)Comment Form,opposed to the request,had been returned at the time of posting. Financial Considerations Zoning application fee has been paid. Other Considerations 1. The adopted Comprehensive Plan recommends that the western half of the subject property be developed as Suburban Residential uses, accommodating single-family lots of between 10,000 and 30,000 square feet. The Plan recommends that the eastern half along the Muddy Creek floodplain be developed as Country Residential lots of an acre or larger. These recommendations are based on the Plan's Village Center philosophy,that residential densities should decrease(ie,lot sizes increase)as distances from retail centers increase. The retail serving the subject property is located along F.M. 544, which will be developed as independent strip commercial. There is limited potential north of the rail corridor for retail to justify the proposed higher residential densities,and the requested rezoning does not conform to the recommendations of the adopted Comprehensive Plan. The Planning and Zoning Commission is in the process of reevaluating the Comprehensive Plan, and is specifically considering elimination of the retail Village Centers with surrounding higher density residential. Retail Village Centers may be limited in number and to significant intersections, expressly to limit the associated higher density residential and achieve lower density patterns. The Plan revision being considered for the subject property allocates equal amounts of land to each density-level of the Plan—or approximately one-third each to Village Residential (MF/TH and SF 8.5/17), Suburban Residential (10,000 to 30,000 square feet lots)and Country Residential(one-acre and larger). The proposed rezoning does not comply with this potential recommendation of the Comprehensive Plan. 2. The stated purpose of a Planned Development District is to permit flexibility and innovation in the use and design of land and development in order to achieve the goals/spirit of the Comprehensive Plan and Zoning Ordinance and not just to accommodate variance from the standard requirements of the Zoning Ordinance. The requested PD offers to provide significant public open space in trade for residential lots which are smaller than currently allowed by Zoning,and thereby achieve an overall density closer to that recommended by the Comprehensive Plan. If developed as permitted by the PD,with 250 residential lots of 6,000 square feet each(although the Concept Plan reflects a maximum of only 231 lots) and 43 acres of public-access open space,the overall gross density for the entire 100 acres is approximately 2.5 lots per acre. If developed with approximately '/z Suburban and '/z Country lot sizes as recommended by the currently adopted Comprehensive Plan,the gross residential density of the total 100 acres will equal about 1.4 dwellings per acre (+/-114 lots of 10,000 square feet and+/-28 lots larger than an acre). If developed according to the recommended revisions to the Plan,with equal proportions of all three residential densities,the total property will yield a gross density of 3.2 lots per acre. When the 43 acres of proposed park is deducted, the net residential density is 4.4 lots per acre. Therefore,the PD appears justified in order to accomplish the density goal similar to those recommended by the Comprehensive Plan. 3. The Planned Development District proposes to dedicate 43.76 acres of land, including the Muddy Creek Reservoir, to the City for public park land. The developer also proposes to either construct or provide funding for connection to an 8 foot wide hike and bike trail to the Muddy Creek corridor and to provide public access at least two locations. The normal requirement for park land dedication is 5 acres for each 100 dwellings,or 12.5 acres for the 250 potential lots of the subject Planned Development District. These park donations and improvements are intended to serve in lieu of park fee requirements. Although most of the 43 acre dedication is within the floodplain and not developable, this corridor is also a valuable ecological resource which serves such major public-welfare functions as flood prevention,water quality protection and conservation, air quality enhancement and energy conservation, and wildlife habitat and recreation. The owner cannot be required to donate this land to the City (floodplain is not normally acceptable for park dedication),but the applicant is offering this open space specifically as a trade for the proposed smaller lots and higher density. It is uncertain when and how-the corridor could be otherwise acquired,and the Park and Recreation Board has accepted this proposal as complying with the park land dedication ordinance. 4. The proposed Planned Development District establishes a minimum lot size of 6,000 square feet,and these will be smaller than allowed by both the current Zoning Ordinance and other existing lots within the immediate vicinity. The smallest lot allowed by the current Zoning Ordinance is 8,500 square feet,and the smallest allowed since 1985 is 7,200 square feet and no lot smaller than 6,500 square feet has been allowed since 1962 — except those which have been permitted by Planned Development Districts. The Lakeside Estates PD allows lots of 6,000 square feet and most are approximately this size, but those immediately abutting the subject property range in size from 7,660 sq.ft.to 10,446 sq.ft. Lots within the Wooded Creek subdivision which abut the subject property range in size from 8,111 sq.ft.to 10,360 sq.ft.,although the PD allows lots as small as 7,200 sq. ft. 5. The proposed Planned Development District provides that lots may be a minimum of 50 feet in width,but 50% of the total lots must exceed 60 feet in width at the building line. The narrowest single-family residential lot allowed by the current Zoning Ordinance is 70 feet (SF 8.5), and the previous Zoning Ordinance required lots to be at least 60 feet(SF-3, 7,200 sq. ft. in area). Minimum lot widths within the Lakeside Estates PD are 50 feet, but minimum lot widths in the Wood Creek development are 60 ft. The proposed narrower lots do not conform to the trend toward wider lots as required in the previous(1985)and current Zoning Ordinances. The PD also proposes narrower side yards which will further reduce both the actual and image of open space desired by the code. 6. The proposed Planned Development District provides that interior side yards of at least 5 feet, 15 feet for side yards adjacent to streets(unless that side yard is on a key lot and across the street from a front yard,in which case the side yard shall match the corresponding front yard at 25 feet). Interior side yards within the developed Lakeside Estates subdivision are also 5 ft. and side yards adjacent to streets are 15 ft.even when across from a front yard. The Wooded Creek PD allows interior side yards of 6 feet or 10%of the lot width, as well as 15 ft. for corner lots and 25 ft. for key lots. However,the current Zoning Ordinance,adopted in November of 2001,requires that interior side yards be at least 7 feet and that all yards adjacent to streets be 25 ft. The side yards of the proposed PD are,therefore, similar to existing development in the vicinity but smaller than currently required. 7. The proposed Planned Development District establishes 1,700 square feet as the minimum size of dwellings, comparable to the smallest detached single-family dwelling allowed by the current Zoning Ordinance,but provides that 75% must be 1,900 square feet or larger. This dwelling size is smaller than both that recommended by the Comprehensive Plan and that being constructed within neighboring subdivisions. The dwelling size for the Suburban Residential District is 1,900 to 2,100 sq. ft. and 2,600 for the Country Residential. The Lakeside Estates PD requires dwellings of at least 1,600 sq.ft. and the Wooded Creek PD requires 1,700 sq. ft. However, a sampling of house sizes actually constructed to date within Lakeside Estates revealed a range from 2,134 sq. ft. to 2,644 sq. ft.,and a range of 2,458 to 2,919 sq. ft.in Wooded Creek. The proposed orientation of the development to the open space amenity of the Muddy Creek corridor should attract larger dwelling and added value(construction cost and tax revenue). 8. The Planned Development District proposes that alleys will not be required. The Subdivision Regulations require that alleys be provided in all residential subdivisions, and the City Council has recently reaffirmed this requirement by denial of requests that alleys not be required in new-developments. Alleys are provided throughout the Wooded Creek subdivision, although not along the property line shared with the proposed Planned Development, and alleys are not provided within the Lakeside Estates subdivision. It is not appropriate to provide alleys for lots which back onto thoroughfares or open space,as do 42 lots(or 16.8%) of the potential 250 lots of this PD. 9. The Planned Development proposes to extend Lakefield Drive eastwardly to connect with a future realigned Country Club Drive(F.M. 1378)just north of F.M. 544,providing needed regional circulation not only for the proposed development but for the existing developments to the west and north as well. This intersection will be to the west of Muddy Creek, requiring the new- Country Club to bridge the Creek, rather than requiring Lakefield to bridge the Creek as recommended previously on Thoroughfare Plans. Due to the extensive Muddy Creek floodplain,it is not likely that this new-intersection of Lakefield and Country Club will provide retail-location potential. 10. The Concept Plan of the proposed PD illustrates 13 lots which face on to Lakefield Drive. Although not specifically prohibited by Wylie's codes,facing residential lots on to major arterial and collector streets such as Lakefield are normally discouraged,because of the delay residential access turning movements adds to the street and the potential danger which backing on to crowded streets has on residential traffic. Some lots within Wooded Creek already face on to Lakefield,continuing the pattern established by the early Lakeside Estates platting to the west. The City Engineer has approved the Concept Plan, but it may be possible to eliminate some of the collector-facing lots at future platting. 11. The Muddy Creek corridor offers a significant visual and recreational amenity to the subject property. The Concept Plan of the PD proposes to share this amenity with a larger population by bounding this open space/floodplain with a single-loaded parkway, rather than backing individual lots to it. Larger lots, as recommended by the Comprehensive Plan,would likely diminish this access to the public as well as it would reduce the lot yield to the developer. The applicant argues that this is a value worth adding to the greater number of smaller lots rather than to a smaller number of larger lots,and that is the philosophy supporting the PD rather than straight zoning. Board/Commission Recommendation At the August 3,2004 meeting,the Planning and Zoning Commission voted 7-0 to recommend approval of the change in zoning, with the following stipulations (This report and the attached Conditions of the Planned Development incorporate these stipulations): • Lot Widths — Minimum width shall be 50 feet and 50 percent shall be 60 feet wide at the building line • Main Structures -Minimum shall be 1,700 square feet and 75 percent shall be at least 1,900 square feet • Screening of earth berm and live plants shall be installed by the developer along the north side of the railroad corridor, as approved by the P&Z at platting • Lots which back onto open space shall provide a six foot high wrought iron fence of uniform design as approved by the P&Z at platting The Park and Recreation Board reviewed the proposal on July 26,2004 and voted to accept the potential dedication of the 43 acres (although floodplain) and the provisions of two points of connection to a future Muddy Creek trail as fulfillment of the parkland dedication requirements. Staff Recommendation Denial. The proposal does conform to the density recommendations of the Comprehensive Plan, by offering additional public park land designed to be accessible to a greater number of citizens. The proposal provides for the dedication to the City of the sensitive Muddy Creek ecosystem as well as the extension of the Lakefield Drive collector street,not otherwise required of the developer and not feasible by the City alone. This philosophy is worth balancing with some higher density(smaller size of lots and houses). However, the trade-off as proposed is still a departure from both the current requirements of the Zoning Ordinance and the pattern of existing development in the vicinity. The proposed lots and houses are smaller than either code or area pattern, and some upward adjustment of both is needed to bring the proposal closer to the vision of the Comprehensive Plan and codes. Attachments Ordinance with Conditions for the Planned Development District and Concept Plan Location Map Notification List and Map,with Responses Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NUMBER 2004-13, TO PLANNED DEVELOPMENT(PD)DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL USES; 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)District,allowing for single-family residential uses, said property being described in Exhibit"A", Exhibit"B" and Exhibit"C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2004. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Legal Description ZC #2004-13 BEING a tract of land situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie Collin County, Texas, the subject tract being a portion of that 27.44 acres tract conveyed to Paul P. Taylor and Laverne C. Taylor according to the warranty deed recorded in Volume 645, Page 470 of the Land Records Of Collin County, Texas (LRCCT), and part of a 100.3287 acre tract of land being conveyed by deed to J.L. Brand and Dorothy S. Green, recorded in Volume 1376, Page 94, Deeds Records, Collin County, Texas(D.R.C.C.T.), the subject tract being more particularly described as follows; BEGINNING at a point on the south line of said Paul P. Taylor tract and on the north line of Lakeside Estates Phase III, an addition to the City Of Wylie recorded in Cabinet N, Page 303 (LRCCT), said point further being the southeast corner of a tract of land conveyed to Calvin E. Lemmon and wife, Patricia M. Lemmon according to the warranty deed recorded in Volume 864, Page 279 (LRCCT), a tree found at corner and 2.2 feet northerly of a concrete curb, and from which a fence post bears N 13° 57' W, a distance of 4.0 feet and a power pole bears N 64° 48" W a distance of 2.3 feet, said beginning point further being 92.63 feet from the northwest corner of said Lakeside Estates Phase III addition; THENCE N 00°6'57" W a distance of 603.75 feet to a point for corner; THENCE N 89°48'57" W a distance of 347.22 feet to a point for corner; THENCE N 00°10'10" E a distance of 482.91 feet to a point for corner; THENCE S 89°56'53" E a distance of 1506.48 feet to a point for corner; THENCE N 00°3'27" W a distance of 414.70 feet to a point for corner; THENCE N 89°58'48" E a distance of 1003.75 feet to a point for corner; THENCE S 03°57'09" W a distance of 262.15 feet to a point for corner; THENCE a tangent curve to the right having a central angle of 53°29'59" a radius of 353.88 feet and an arc length of 330.44 feet with a chord bearing of S 30°42'08" W-318.56 to a point for corner; THENCE S 59°35'51" W a distance of 380.66 feet to a point for corner; THENCE S 50°01'11" E a distance of 341.98 feet to a point for corner; THENCE S 30°28'03" E a distance of 576.21 feet to a point for corner; THENCE S 52°59'38" E a distance of 445.07 feet to a point for corner; THENCE N 89°55'29" E a distance of 81.92 feet to a point for corner; THENCE S 00°04'31" E a distance of 1006.63 feet to a point for corner; THENCE S 86°38'09" W a distance of 540.83 feet to a point for corner; THENCE a tangent curve to the right having a central angle of 09°11'25" a radius of 5679.58 feet and an arc length of 911.01 feet with a chord bearing of N 88°46'08" W-910.03 to a point for corner; THENCE N 84°10'26" W a distance of 51.04 feet to a point for corner; THENCE N 02°55'23" E a distance of 567.94 feet to a point for corner; THENCE N 89°58'54" E a distance of 221.85 feet to a point for corner; THENCE N 02°00'52" E a distance of 656.50 feet to a point for corner; THENCE N 89°57'29" W a distance of 1420.05 feet to the place of beginning and containing 4357950 square feet or 100.0448 Acres of land. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT BRAND/TAYLOR TRACT ZONING CASE #2004-13 GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 8.5 District (SF-8.5/17) are set forth in Article 3, Section 3.3 of the Comprehensive Zoning Ordinance (adopted as of November 13, 2001) are included by reference and shall apply except as provided herein. SPECIAL CONDITIONS: 1. Maximum number of residential lots within this Planned Development not to exceed 250. 2. Lot Size a. Minimum lot area shall be 6,000 square feet. b. Minimum lot width shall be 50 feet in width, and 50% of lots shall be at least 60 feet wide at the building line. 3. Yard Requirements—Main Structures a. Minimum side yard of 5 feet and side yard of corner lots 25 feet when that side yard is on a key lot. A side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. 4. Dwelling Size—Main Structure a. Minimum size of the main dwelling structures shall be 1,700 square feet, and 75% shall be 1,900 square feet or larger. 5. No alley shall be required within the property. 6. A screen of earth berm and live plants shall be installed along the railroad corridor, in accordance with a plan to be approved by the P &Z at preliminary platting. 7. Lots which back onto open space shall provide a six feet high wrought iron fence of uniform design as approved by the P&Z. DEVELOPMENT STANDARDS: 1. The developer shall dedicate 43.76 acres of land including floodplain, and the developer shall provide two connections (locations to be approved by the Park Board) to the future hike and bike trail to be constructed by others, which shall serve in lieu of park fee requirements. WYLIE CITY COUNCIL AGENDA ITEM NO. 4. AUGUST 24, 2004 Issue Consider and act upon authorizing the purchase of a Wireless Network(Nexgen)in the amount of$83,859.00 using funds received through a Homeland Security Grant in the amount of$83.859.00. Background The City of Wylie Police and Fire Rescue departments rely heavily on communication. Currently the Police and Fire departments are operating with Mobile Data Computers(MDC)units in all first line apparatus. The system is securely and closely connected to a wireless network Computer Aided Dispatch(CAD) center. The system provides public safety units in the field with vital access capabilities to information for performing day-to-day operations. Public Safety information is relayed via CAD to MDC's in the field and is available to units performing public safety functions. This system greatly enhances and increases effectiveness of communications. Additionally, the CAD and MDC systems provide information and effectively increase productivity without overwhelming dispatchers. Dispatchers routinely relay via CAD to MDC's important life safety information to public safety workers. The information can be accessed while responding to calls for service and while on the scene. Recent developments in technology and the availability of Homeland Security infrastructure grants have prompted a cause to reevaluate our current solution for connectivity within Wylie Communications. Originally, Wylie Communication's solution for connectivity from CAD to the MDC in the vehicles was AT&T's cellular digital packet data(CDPD)service. This solution,due to new technology and customer demand, was outdated and discontinued. The speeds provided by the CDPD were simply too slow in comparison to speeds available from new advances in technology. The Sprint Air card solution is now what is being used for communications between CAD and MDC's in the field. This solution is good but not as reliable as the original CDPD solution. The Sprint Air Card solution is also a service which requires a monthly subscription per unit. Problems of connectivity and cost have prompted interest in the Nexgen City solution for connectivity between CAD and MDC in field units. Nexgen's solution can solve connectivity for MDC systems by providing uninterrupted communications between CAD and MDC's. The history and background of this new technology comes from the United States military.Originally this system was developed for use in battlefield communications. The Nexgen City system is based on a design that was developed for the military by ITT and as a solution for connectivity used in Desert Storm. Basically,the Nexgen City communication approach embeds a wireless router in every device so that each unit can extend the network, determine optimum paths for data transmission and provide additional paths for connectivity. The dynamic routing capability of the network enables devices to hand off communications seamlessly,even in vehicles traveling at high speeds. Tests performed by the City of Garland in a five-square- mile area along Highway 190 during 2003 proved that this was a viable option for public safety data and voice communication. The test consisted of police units out fitted with the Nexgen system and deployed in the field using two vehicles traveling more than 60 mph in opposite directions successfully demonstrated real-time streaming video,voice over IP calls, and data throughput rates of up to 1.5 Mbps. The network would support industry standard protocols and be capable of sustained data rates of 1Mbps and bursts to 6Mbps.These speeds are approximately 10 to 60 times faster than an air card.Routers are deployed in a grid,similar to a water system,to existing infrastructure—buildings,streetlights or traffic signals.The system is expandable by adding more devices as needed to keep up with growth and maintain service levels.Essentially,the more signal paths that are created,the more fault-tolerant the network becomes. This provides redundancy and reliability in the event of a failure of a single router or multiple routers. Financial Considerations The steps necessary to employ this communication solution begin with the initial Nexgen backbone system at a cost of$83,859.00. The system proposed would cover the entire city. Currently the size of Wylie and the amount of rural area facilitates the deployment of this system. This system will be purchased upon approval with funds awarded through a homeland security grant in the amount of$83,859.00 designed to enhance public safety and first responder communications infrastructure. The City of Wylie would not bear the cost of deployment for the network. The City of Wylie would then own the Nexgen system solution. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations The fire department recommends approval of the Nexgen wireless system. Attachments Information from Nexgen Prepared by Reviewed by Finance City Manager Approval )LNExGENGFIY fW� a P �� N 1 'I' , du U1,4µ�j � V ii INKY vv iid Y v ���� I(i�1i ��@�'"I� Ir ,, �t ;),II W tI RELLSS III tI,Z t I" 'C III FIlII "III'lllI� IV cinl11��'"G Irri�,('m 9p 7,�,u �1 wn CW''H�� TTC III III m dill a,7 Y'I IIIJ h l�l T N,h 1 p((I Ik I. H j ;,( '�l l'�� "I la °p ' ,' '' 1%,fl ° �IIN III) I...III " s III: C N DI-IF)CAI'A1111 III III II II V"IIII..), U III aT N IIII..)IN" G III 1 �l ��h� �iN(��ICI �T,���1�1 ,„ a (i t I ;; ,, uN�^ 140 ^'N�l, ' �,'i�'✓'; w'' ,. 0' Today,the public safety challenges of cities and counties are greater than y"'� I, 1p ' dji, � u,° ever. Data travels slowly-and most times, only when the squad car or 111111.11111,/ � Id emergency vehicle is immobile. Connectivity fails, impeded by buildings u;,'%� /6',,#)11 and numerous problem areas. How can first responders be given the communications system they need without imploding the budget? IL...IIIII CN\VCVMI N:FZ IIC INN!COUNT CI N y, a ire NexGen City provides cities and counties with a mobile wireless broadband network infrastructure that delivers greater reliability, power, and connectivity than other wireless or cellular systems. Using this network, first responders can transmit data 20-300 times faster than they can with existing data communications technology. That means police officers, firefighters, and other emergency personnel can transfer data at high speed -at burst rates up to 6Mbps-from mobile data terminals(MDT)in their vehicles, even when traveling at speeds in excess of 100 miles per hour. "Specifications subject(o change. NUBILE WIR EEO .. AND NETWORK The NexGen City TM infrastructure is designed much like the Internet, basically creating a wireless"web"across your city.Wireless devices called routers are placed on existing infrastructure such as light poles, enabling data to travel through the optimum path to get to its destination.The MDTs in your emergency vehicles NEXGENCITY also act as routers,creating a moving,self-forming network that's flexible, reliable, and scalable. NexGen City's equipment provides a communication system without expensive towers,subscriber fees,and zoning issues. Information travels faster-even while emergency vehicles are in motion-ensuring that first responders are always in- touch.The network literally travels with your emergency team. In addition to the routers, NexGen City places access devices around the city, enabling first responders to access the Internet and intranet as well as their wireless network.As a result,they are constantly in contact with the information they need to keep the public safe. WHAT ARE-10111111E,CP '. ': TURE..IIIIII''; High-speed data transmission is only the beginning of what the NexGen City system can bring.This network is expanding to include both voice and geolocation capabilities. Emergency personnel will be able to send streaming video, photos, fingerprints, and maps from point-to-point. If an emergency strikes in a particular area, your personnel will be able to use handheld mobile radios to devise an immediate plan of action.These handheld devices will also enable officials to instantly locate emergency personnel-even inside buildings or in areas with power outages. In times of true disaster,this network will not only prevent chaos but also save lives. This is only the beginning of how NexGen City can enhance public safety communications and give first responders the power they need to protect the public and themselves. It's been tested on the battlefields,designed for the future, and provides an outstanding return on investment. Today, public safety challenges are greater than ever. Now there's a communications system that helps you meet these challenges head on-and Na xtlG grin City 11 '.30 succeed.To fully appreciate the NexGen City solution,contact us for a live 11,111 �3ini i'Ir, demonstration. 214 y A0,D999 I oll I'r,o. www iirrx44��iiri1y c�>rri ir:_IJ i� I)rn II1,1,1 J f . City.NfxC"rd,Nc Pclii NtxNcL jnd NcxScivi