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08-14-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, August 14, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken .................................................................................................................................................................................................................................. DIVOC At > :< ::: .;::<: 'giii : :::'. it "::>..::::':::.: :. € €€€ € €€>€€>€€€€ €€€€€€€ €€€€€ €€€€€€€€€` i >i: >':€» >> > > E>:> Presentation of a Proclamation Celebrating the life of Marissa Amaya and Officially Declaring the Day of August 14,2001 as Marissa Amaya Day in the City of Wylie. i .................................. A. Approval of the Minutes from the Regular Meeting of July 24,2001. At the Regular Meeting ofJuly 24, 2001, this item was tabled to the August 14, 2001 Regular Meeting at which time it will be necessary to remove the item from the table prior to any discussion or action. 1. Consider and act upon a Preliminary Plat/Development Plan for the Country Ridge Estates Addition (Planned Development District 2001-24), generally located west of Country Club Road(FM 1378)and north of McMillen Road (CR 298), being a 99.7418 acre tract described in the deed to Fredrick Veninga, Trustee according to the deed recorded in Volume 883, Page 628 of the Deed Records of Collin County, and being situated in the William Patterson Survey,Abstract No. 716,City of Wylie,Collin County, Texas. Board Appointment 2. Consider and act upon an appointment to the Parks and Recreation Facilities Development Corporation. Planning Item 3. Consider and act upon a request by The Shaddock Companies to waive a portion of the Impact Fees for the Country Ridge Estates Addition. Public Hearing 4. Hold a Public Hearing to consider and act upon approval of a change in zoning from Public (P) to Retail (R), for a 1.263 acre tract generally located at Williams and Birmingham Streets, situated in the S.B. Shelby Survey, Abstract No. 820, being part of Lot 1 and all of Lots 2, 3, 4, 5 and 6 of Block 5 of the Calloway Addition, City of Wylie, Collin County, Texas, and being certain tracts conveyed to the Wylie Independent School District recorded in Volume 337, Page 21; Volume 337, Page 19; Volume 335, Page 118; Volume 333, Page 160; Volume 337,Page 17 and the remainder of a tract recorded in Volume 333,Page 48 of the Deed Records of Collin County,Texas. (Zoning Case No. 2001-08) Public Hearings-continued 5. Hold the second of two Public Hearings for the Annexation of: Tract 1,a 49.277 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979,Collin County Texas; and Tract 2,a 1.041 acre tract of land situated in the Aaron West Survey, Abstract 979, Collin County, Texas; and generally located east of FM 544 and north of Wheelis Road. ; 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 Session, will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2001 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wvlie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 Proclamation A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CELEBRATING THE LIFE OF MARISSA AMAYA AND OFFICIALLY DECLARING THE DAY OF AUGUST 14, 2001 AS MARISSA AMAYA DAY IN THE CITY OF WYLIE. Whereas, On Wednesday, July 18, 2001, a small child suffered a tragic drowning accident in her grandparents' home; and Whereas, Said child appeared to be lifeless upon her removal from the swimming pool into which she had fallen; and Whereas, Corporal Curtis Smith began cardiopulmonary resuscitation procedures immediately upon arrival at the home; and Whereas, Corporal Smith was able to obtain respiration from the child while awaiting arrival of EMS units; and Whereas, EMS units were able to revive the child upon which she was transported by helicopter to Children's Medical Center in Dallas; and Whereas, Marissa Amaya is expected to recover completely from the near-death incident due to the combined efforts of her family and the emergency personnel who responded to the 9-1-1 emergency call. NOW, THEREFORE BE IT PROCLAIMED by the City Council of the City of Wylie: Section 1. That Communications Operator Susie Ellison, Corporal Curtis Smith, the Wylie Fire Department, Mr. and Mrs. J.W. Puckett and all who participated in preserving the life of Marissa Amaya, are to be commended for their successful lifesaving efforts on July 18, 2001. Section 2. That August 14, 2001 is hereby officially declared Marissa Amaya Day in the City of Wylie. Duly proclaimed on this the 14th day of August,2001. John Mondy, Mayor Attested By MINUTES Wylie City Council Tuesday, July 24, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present: Mayor Pro Tem Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy was absent. Mayor Pro Tern Scott presided. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director, Chris Holsted, City Engineer and Barbara Salinas, City Secretary. Deacon Warner Washington, St. Anthony's Catholic Church provided the Invocation and Scout Troop 302 presented the Flag and led the Pledge of Allegiance. A. Approval of the Minutes from the Regular Meeting of July 10,2001. Councilman Hogue made a motion to approve the Consent Agenda, Item A,Minutes from the Regular Meeting of July 10, 2001. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 6-0, Mayor Mondy absent. MWdaiit 1. Consider and act upon the award of a contract for the utility relocations along FM 544 from FM 1378 to SH 78 to Moss Construction Co. in the amount of$348,933.90. Mr. Chris Holsted, City Engineer, provided Council with a brief history of the project and recommendation for award of contract. Mr. Holsted stated that as a result of the proposed paving improvements by the Texas Department of Transportation (TxDOT), the City must relocate water and sewer lines along F.M. 544, prior to January 2002. The relocations include 1,500 feet of 20". 12" and 8" water distribution mains and approximately 600 feet of 8" wastewater mains. The original cost projection for the project was $256,500, however, recent changes to the construction plans by TxDOT necessitated the relocation of the 20" water transmission main, which was not included in the original cost projection. The 1999 Water and Sewer Revenue Bonds included $500,000 for miscellaneous utility relocations and replacements. We have $484,202.09 in unspent miscellaneous utility relocations and replacement funds. Staff recommends that Council award a contract to Moss Construction Co. to provide all equipment,labor and materials for the construction of utility relocations along FM 544. Councilman Worley made a motion to award the contract for the utility relocations along FM 544 from FM 1378 to SH 78 to Moss Construction Co. in the amount of$348,933.90. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0,Mayor Mondy absent. 2. Consider and Act Upon an Ordinance annexing all of a certain 63.5 acre tract of land and being part of the Francisco De La Pena Survey, Abstract 688; located northeast of the Stone Road and Brown Street intersection, and west of Bennett Road. Minutes of July 24,2001 Wylie City Council Page 1 Mayor Pro Tern Scott stated that two Public Hearings had been conducted with regard to the proposed property and that the Council would now take action on approval of the Ordinance. Councilman Trout made a motion to approve the Ordinance annexing all of a certain 63.5 acre tract of land and being part of the Francisco De La Pena Survey, Abstract 688; located northeast of the Stone Road and Brown Street intersection, and west of Bennett Road. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0, Mayor Mondy absent. 3. Consider and Act Upon an Ordinance annexing all of a certain 30.856 acre tract of land out of the D.W.Williams Survey,Abstract No. 980 and located east of S.Ballard and north of Elm Street. Mayor Pro Tern Scott stated that two Public Hearings had been conducted with regard to the proposed property and that the Council would now take action on approval of the Ordinance. Councilman Worley made a motion to approve the Ordinance annexing all of a certain 30.856 acre tract of land out of the D.W. Williams Survey, Abstract No. 980 and located east of S. Ballard and north of Elm Street. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0.Mayor Mondy absent. 4. Consider and Act Upon an Ordinance annexing all of a certain 60.026 acre tract of land out of the Allen Atterbury Survey,Abstract No. 23 and the Aaron West Survey,Abstract No. 979 and located east of F.M.544 and South of Stone Road. Mayor Pro Tem Scott stated that two Public Hearings had been conducted with regard to the proposed property and that the Council would now take action on approval of the Ordinance. Councilman Trout made a motion to approve the Ordinance annexing all of a certain 60.026 acre tract of land out of the Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and located east of F.M. 544 and South of Stone Road. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0, Mayor Mondy absent. The Mayor Pro Tern then moved to Item No. 6. 6. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture (A)District to Planned Development (PD) District for Single Family Residential uses,for a 66.857 acre tract generally located at the southwest corner of Brown Street (C.R. 433) and Kreymer Lane (C.R. 432), situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, being part of a called 77.14 acre tract,titled Second Tract as described in a deed from Orville Kreymer to John Willis Kreymer as recorded in Volume 1373,Page 75 of the Deed Records of Collin County,Texas. (Zoning Case 2001-05) Mr. Claude Thompson provided Council with a brief history of the request. Mr. Thompson stated that the applicant is requesting rezoning of the subject property in order to develop a single-family residential subdivision. The subject property contains a total of 66.857 acres of land, currently held in two ownerships. The property fronts approximately 2,422 feet along Kreymer Lane and 690 feet along Brown Street. The adjacent property to the west of the tract is zoned for Single Family-2 (SF-2) Residential uses and developed as the Oak Meadow Addition with lots of approximately 8,500 square feet. The adjacent property to the northwest is zoned Agriculture (A), owned by the Wylie Independent School District and planned for school uses. The property to the north across Brown is zoned Planned Development (PD 94-48) for residential uses and is developed as the Wyndham Estates Addition with lots of approximately 5,500 square feet. The property to the south and to the east across Kreymer is undeveloped and zoned for Agriculture (A) and is sparsely occupied with low-density single-family residences. In December of 2000, the Planning and Zoning Commission recommended denial of a request to rezone the subject property to the straight requirements of the recently-adopted Single-Family 8.5/17 Residential District, recommending some addition of larger lots. That request was withdrawn prior to its consideration by City Council. That request was by another than the current applicant. Minutes of July 24,200] Wylie City Council Page 2 In April, the current applicant submitted a request for a Planned Development District for 8.5/17 Single-Family Residential uses with proposed Development Conditions intended primarily to allow reduction of the required side yard setbacks in order to achieve larger house pads on the standard lot. Staff recommended against that request, encouraging instead a request for straight zoning to a combination of Single-Family Residential 8.5 and Single- Family Residential 10 lots with full compliance to the selective point system of the new residential provisions of the Zoning Ordinance. That request(also assigned Case No. 01-05)was withdrawn prior to consideration by the Planning and Zoning Commission on June 5, 2001. The current request for a Planned Development District is the applicant's substitute compromise between those earlier requests of the same case number. Public Comment Forms were mailed to sixty-six (66)property owners within 200 feet of this request.Three Public Comment Forms have been returned,all FAVORING the request. Mr. Thompson stated that at the July 3, 2001 Planning and Zoning Commission meeting,the Commission voted 5- 0 to recommend approval of the zone change request, with realigmnent of Lots 11 & 12, Block C. Staff is recommending approval of the Planned Development District as submitted. The request is consistent with the Comprehensive Plan and the newly-adopted residential standards of the Zoning Ordinance. The Departments of Development Services,Public Works,and Fire concur with this recommendation. The applicant, Mr. Pat Atkins was present to address any concerns of the Council. Mr. Atkins provided a brief summary of the background of his request and respectfully requested approval of the zone change. The Mayor Pro Tem then opened the Public Hearing and asked that anyone who wished to speak either in favor or opposition of the request to please come forward, stating their name and address for the record and limiting their comments to five(5) minutes. With no response, the Mayor Pro Tem then closed the Public Hearing. Councilman Worley made a motion to approve the request for a change in zoning from Agriculture(A) District to Planned Development(PD) District for Single Family Residential uses, for a 66.857 acre tract generally located at the southwest corner of Brown Street (C.R. 433) and Kreymer Lane (C.R. 432), situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, being part of a called 77.14 acre tract, titled Second Tract as described in a deed from Orville Kreymer to John Willis Kreymer as recorded in Volume 1373, Page 75 of the Deed Records of Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved, 6-0. Mayor Mondy absent. 5. Consider and act upon a Preliminary Plat/Development Plan for the Country Ridge Estates Addition (Planned Development District 2001-24), generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298), being a 99.7418 acre tract described in the deed to Fredrick Veninga,Trustee according to the deed recorded in Volume 883,Page 628 of the Deed Records of Collin County, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,Texas. Mr. Claude Thompson, Planner, stated that the applicant has asked that the Council table their request to be rescheduled to the next regular Meeting of the Wylie City Council. Councilman Trout made a motion to table Item 5 to August 14, 2001, the next regular Meeting of the Wylie City Council. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0, Mayor Mondy absent. No one came forward for Citizens Participation. The Mayor Pro Tern then adjourned into Executive Session in accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551.072 Deliberation Regarding Real Property;to deliberate the purchase,exchange, lease,or value of real property(100 Block of North Jackson). Minutes of July 24,2001 Wylie City Council Page 3 No action was taken as a result of the Executive Session. There was a short recess before moving on to the Joint Worksession with the Planning&Zoning Commission. itOVEltAtingianNe•Wiiiiiikt.:04404eigaiiiiiiiZONINOnientWaSSIMEICONVOtiiiiitSTO Joint Worksession to consider the proposed revisions to the Comprehensive Zoning Ordinance. Wylie City Council,Planning and Zoning Commission and Mr. Ray Stanland, Consultant. Council Present: Mayor Pro Tem Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy was absent. Planning&Zoning Commission Present: Gary Wiseman, Tony Snider, Chairman Michael George, Carter Porter, Mike Phillips,and Steve Ahrens. William Chapman was absent. Staff Present: Anthony Johnson, City Manager: Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director, Chris Hoisted, City Engineer and Barbara Salinas, City Secretary. Also present were Consultants,Ray Stanland and Janet Thorpe. Mr. Claude Thompson initiated the Joint Work Session by providing a brief background of the project then introduced Mr. Ray Stanland who provided the presentation. Mr. Stanland stated that they had completed the Residential District portion of the proposed revisions to the Comprehensive Zoning Ordinance, and this evening they would cover Articles 4 through 10, Non-Residential Districts. Mr. Stanland presented, in detail the proposed revisions to the Comprehensive Zoning Ordinance to include Article 4 through 10. Topics covered included the following. Nonresidential District Regulations, Use Regulations, Special Purpose and Overlay Districts, General Development Districts, General Development Regulations, Sign Regulations, Development Review Procedures and Non Conforming Uses and Structures. Mr. Stanland explained the process stating the next step is to hold a public hearing, unless another worksession is necessary to review the proposed changes. With no further business to come before the Planning&Zoning Commission,the meeting was adjourned. With no further business to come before Council,the meeting was adjourned. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of July 24,2001 Wylie City Council Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. I . August 14, 2001 Issue Consider and act upon a Preliminary Plat/Development Plan for the Country Ridge Estates Addition(Planned Development District 2001-02),generally located west of Country Club Road(FM 1378)and north of McMillen Road(CR 298),being a 99.7418 acre tract described in the deed to Fredrick Veninga,Trustee according to the deed recorded in Volume 883,Page 628 of the Deed Records of Collin County,and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. Background This item was tabled at the July 24, 2001 City Council Meeting to come before Council at the August 14, 2001 regular meeting. The Preliminary Plat/Development Plan of the Country Ridge Estates Addition includes 99.7418 acres and will create 312 single-family residential lots. The Plat also provides additional right-of-way for the future improvement of Country Club Road. The property is zoned Planned Development District (PD 2001-02) for Single-Family Residential Uses, approved by the City Council on May 8, 2001. The Zoning Ordinance requires that a Development Plan be approved by the City Council as a second step in implementing a Planned Development District. That Development Plan may also serve as a Preliminary Plat. The approved PD included a Concept Plan which limits the development to a total of 312 lots and the Conditions of the PD establish the minimal width and side yard setback for the lots. The PD Conditions also establish a minimum house size of 2,000 square feet. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat 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 within that period." Financial Considerations Plat application fees—paid The applicant is aware that development impact fees must be paid before the Final Plat can be filed with Collin County. Water: $378,144 Sewer: $763,152 Other Considerations 1. Staff has reviewed the Preliminary Plat/Development Plan for the Country Ridge Addition and concludes that it conforms to the Council-approved Concept Plan of the Planned Development District, and to be in technical compliance with all applicable State subdivision regulations as well as with the Subdivision Ordinance and all other pertinent regulations of the City of Wylie. Other Considerations -continued 2. The Plat dedicates right-of-way for the widening and improvement of Country Club Road. Board/Commission Recommendation At the July 3, 2001, Planning and Zoning Commission meeting, the Commission voted 5-0 to recommended approval of this case subject to street name changes. Staff Recommendation Approval. The Department's of Public Works, Fire, and Development Services concur with this recommendation. Attachments Preliminary Plat/Development Plan Prep red by Revie by Finance City Manager rovalZ WYLIE CITY COUNCIL AGENDA ITEM NO. Q.. August 14, 2001 Issue Consider and act upon an appointment to the Parks and Recreation Facilities Development Corporation (4B Board). Background In the June 12,2001 Board and Commission appointments, Dan Chesnut, Shirley Burnett, and Joel Scott were reappointed to the 4B Board for a two-year term ending in July 2003. Mr. Eric Hogue was appointed to a vacant place for a two-year term also ending in July 2003. The vacancy was automatically created when Ms. Gerry Whitt resigned from the Library Board. Listed below is how the board is currently seated after the June 12 appointments: Place 1 John Mondy 7/00(r) 7/02 Place 2 Joel Scott 7/01(r) 7/03 Place 3 Chris Trout 7/00(r) 7/02 Place 4 J. C. Worley 7/00(r) 7/02 Place 5 Eric Hogue 7/01 7/03 Place 6 Shirley Burnett 7/01(r) 7/03 Library Board Rep Place 7 Dan Chesnut 7/01(r) 7/03 Park Board Rep Financial Considerations Article VIII, Boards and Commissions, Section 3-C, states that all members of any board, commission, committee,or other body will serve without compensation. Other Considerations According to the Bylaws of this board,Article II,Section 1(b); the board shall consist of 7 directors with places 1-4 designated for council members, and places 5-7 designated for citizen representatives of which at least one member is appointed from the Park Board and one member is appointed from the Library Board. The Articles of Incorporation also state that three of the directors shall be persons who are not employees,officers,or members of the governing body of the City of Wylie. (Article Eight) Board/Commission Recommendations N/A Staff Recommendations In order to abide by the Bylaws established by the 4B board, Council may wish to make a replacement of one of the designated council member positions with a citizen representative. Since we have representation from both the Library and the Park Board, Council is not limited to appointing a member from the two boards. Attachments Bylaws of the 4B Board-Article II, Section lb Articles of Incorporation -Article 8 Current list of Board& Commission Members List of current Applicants on file Prepared by evie b Finance City Man.! pproval H. BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION ARTICLE PURPOSE AND POWER Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four if its Articles of Incorporation, the same to be accomplished on behalf of the City of Wylie, Texas (the 'City') as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Ann. Civ. St., as amended, (the "Act'), and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 4B of the Act, and shall have all powers set forth and conferred in its Articles of Incorporation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II BOARD OF DIRECTORS Section 1. Powers, Numbers and Term of Office (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the 'Board') under the guidance and direction of the Wylie City Council and, subject to the restrictions imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the 'City Council') of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the "Place' and collectively, the 'Places') as designated herein. Places 1-4 are designated for the City Page 1 of 9 Councilmember Directors and Places 5-7 are designated for Citizen Boardmembers, of which at least one of the members will be appointed from the Park Board, and one member appointed from the Library Board. These appointments will be classified as citizenmember directors. (c) The directors constituting the first Board shall be those directors named in the Articles of Incorporation. Successor directors shall have the qualifications, shall be of the classes of directors, and shall be appointed to the terms set forth in the Articles of Incorporation. (d) The Corporation Board will chose from among its members a Chairman of the Board and a Vice Chairman of the Board. The Chairman will preside at all board meetings and the Vice Chairman will serve in its absence of the Chairman. (e) Any director may be removed from office by the City Council at will. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article V of these Bylaws. Section 3. Notice of Meetings. (a) Regular meetings of the Board shall be held without the necessity of notice to the directors at such times and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the Chairman of the Board, a majority of the directors, or by a majority of the City Council. (b) The secretary shall give notice to each director of each special meeting in person or by mail, telephone or by facsimile, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if delivered to their home address in a sealed wrapper addressed to the person entitled thereto or by depositing same in a post office box in a sealed post-paid wrapper addressed to his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing or delivery. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds Page 2 of 9 kriicles o� InCOCFCra.►Cn ARTICLE SIX These Articles of Incorporation may be amended in either one of the methods prescribed in this Article. (a) Pursuant to the powers of the City contained in Section 17(b) of the Act, the City Council, by resolution, may amend these Articles of Incorporation by filing amendments hereto with the Secretary of State as provided by the Act. (b) The board of directors of the Corporation may file a written application with the City Council requesting approval of proposed amendments to these Articles of Incorporation, specifying in such application the proposed amendments. If the City Council, by appropriate resolution, finds and determines that it is advisable that the proposed amendments be made, authorizes the same to be made, and approves the form of the proposed amendments, the board of directors of the Corporation may proceed to amend these Articles of Incorporation in the matter provided by the Act. (c) The board of directors of the Corporation shall not have any power to amend these Articles of Incorporation except in accordance with the procedures established in paragraph (b) of this Article. ARTICLE SEVEN The street address of the initial registered office of the Corporation is the City Hall, 2000 Highway 78 North, Wylie, Texas 75098 and the name of its initial registered agent at such address is Steven P. Norwood. ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council, who are residents of the City. Three of the directors shall be persons who are not employees, officers, or members of the governing body of the City of Wylie. The incorporators of the corporation, as hereinafter named, shall serve as the temporary initial directors for the corporation until permanent initial directors are appointed by the City Council. The initial terms of the directors shall be staggered so that four members shall expire on May 31 of even numbered years and three members on May 31 of odd numbered years, with the Council Member Director's initial terms expiring in the same year as their current term of elected office. All subsequent terms shall be for a period of two years. Each director shall hold office for the term for which the director is appointed unless sooner removed or resigned. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the City Council at any time with or without cause. If a director of the who is a 3 council member shall cease to be a member of the City Council, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as for other vacancies of the same class. Any vacancy occurring on the board of directors through death, resignation or otherwise shall be filled by appointment of the City Council to hold office until the expiration of the vacating member's term. ARTICLE NINE The name and street address of each incorporator is: James D. Swartz 506 W. Jefferson, Wylie, TX 75098 Ortie Messenger 504 Rustic Circle, Wylie, TX 75098 Reta Allen 311 Hilltop., Wylie, TX 75098 Steven R. Wright 406 E. Stone, Wylie, TX 75098 ARTICLE TEN (a) The initial bylaws of the Corporation shall be in the form and substance approved by the City Council. Such bylaws shall be adopted by the Corporation's board of directors and shall, together with these Articles of Incorporation, govern the internal affairs of the Corporation until and unless amended in accordance with this Article. (b) Amendments to the bylaws may be initiated by either the City Council or the board of directors. (c) Neither the initial bylaws nor any subsequently effective bylaws of the Corporation may be amended without the consent and approval of the City Council. e board proposed directors of the Corporation shall make application to the City Council for the approval of anyo amendments, but the same shall not become effective until or unless the same shall be approved by resolution adopted by the City Council. ARTICLE ELEVEN (a) The City Council may, in its sole discretion, and at any time, alter or change the structure, organization, programs or activities of the Corporation, and it may terminate or dissolve the Corporation, subject to the provisions of paragraphs (b) and (c) of this Article. (b) The Corporation shall not be dissolved, and its business shall not be terminated, by act of the City Council or otherwise, so long as the Corporation shall be obligated to pay any bonds, notes, or other obligations and unless the collection of the sales and use tax authorized • 4 Board & Commission Applications on File Applicant Status Matthew Butschek Interviewed 2001 Catherine Butschek Interviewed 2001 Jim Chaney Previously on Construction Code Board— still interested Rbeda Coffey Interviewed 2001 Bodie Coker Interviewed 2001 William Crowe Application received after 2001 appointments Dwight Lancaster Previously on Construction Code Board— still interested Glen McIntosh Unable to make interview 2001 — still interested Ted Mumaw Application on file from 2000 Peggy Patrick Interviewed 2001 Lisa Williams Currently on Parks Board; also interested in Library Board WYLIE CITY COUNCIL AGENDA ITEM NO. 3 August 14, 2001 Issue Consider and act upon a request by The Shaddock Companies to waive a portion of the Impact Fees for the Country Ridge Estates Addition. Background The Shaddock Companies, developer of the Country Ridge Addition, has submitted a request that the Council waive a portion of the development impact fees assessed for water and wastewater services to the Country Ridge Addition. Specifically, it is requested that the project be assessed the fees which were in effect prior to the recent increase, and the increase in fees be waived. The applicant contends that he was not adequately notified of the recent increase in impact fees, and that the increase in fees creates an undue economic burden on his Country Ridge development. The applicant's engineering representatives submitted a request to rezone the subject 99.8 acre tract from Agriculture(A)to Planned Development District (PD) on February 15, 2001. Staff had earlier discussed various schemes with the developer which resulted in the addition of alleys in the submittal. Staff discouraged the PD because it was substantially intended to achieve waivers of the base requirements of the Zoning Ordinance, and encouraged instead a rezoning to the standard requirements of the Single-Family 8.5 District. However, a modified version of the PD request was considered by the Planning and Zoning Commission on April 17, 2001, and the Commission recommended approval by a 4-1 vote(staff recommended denial because the PD was largely intended to achieve lesser variances from the code rather than to provide for innovations and stricter requirements). This rezoning application was first submitted to the Council on May 8, but was tabled at the request of the applicant. The Council ultimately approved the PD, including a concept plan which established street and lot configuration, on May 22, 2001 by a vote of 7-0. A Preliminary Plat/Development Plan was submitted on June 20, 2001. This Plat, with minor revisions recommended by staff, was approved by the Planning and Zoning Commission on July 3, 2001. The Council was to consider the Plat on July 24, but that action was tabled at the request of the applicant. The reason for tabling was so that the applicant could request a waiver of the new impact fees. That Plat is also on the current agenda for Council consideration. Section 395 of the Texas Local Government Code authorizes municipalities to assess impact fees against new private development in order to fund or recapture the public costs of capital improvements or facility expansions required by and attributed to such new development. The enabling legislation is quite specific in prescribing the procedures and capabilities local governments must follow to administer an impact fees program. The City of Wylie initiated a development impact fee program in June of 1990, and the program has been revised periodically as required by the State enabling legislation. Revised fees were adopted in 1997 which totaled $2,112 per unit, including $700 for water and $1,412 for sewer. On January 23, 2001, the Council appointed an Impact Fee Advisory Committee and charged them with recommending revisions to the impact fee program. The Advisory Committee met during the convening weeks with staff and consultants to update Land Use Assumptions, Capital Improvements Program and appropriate impact fees. These documents were made available for public review and notification of a public hearing was published for three weeks in accordance with the requirements of State law. On April 24, 2001, the Council adopted the Assumptions, CIP and new impact fees— a total of$3,658 per unit, including $1,212 for water and $2,446 for sewer. Financial Considerations The financial difference between the 1997 impact fees and the current fees adopted on April 24 is $1,546 per unit. This represents a total of$482,352 for the 312-lot Country Ridge Addition. Other Considerations 1. The financial difference between the 1997 impact fees and the current fees adopted on April 24 is $1,546 per unit. This represents a total of$482,352 for the 312-lot Country Ridge Addition. 2. State enabling legislation clearly ties the assessment of impact fees to the subdivision platting process, the initial step in the development process. The current fees were adopted by the Council on April 24, and the Preliminary Plat for the Country Ridge Addition was submitted after this date on June 20. 3. The applicant contends that his involvement in the rezoning process, which began on February 15, which was approved by the Planning and Zoning Commission on April 17 and by the Council on May 22, qualifies the project for the lower 1997 fees which were in effect until April 24. However, zoning is related to passive land use whereas impact fees are related to the active development process of which platting is the initial step. On the other hand, the zoning in question was a Planned Development District including a concept plan, to which the preliminary plat, initial step in development, must closely conform. 4. Section 245.001 of the Texas Local Government Code allows changes in zoning and other regulations, including specifically "fees imposed in conjunction with development permits" and "regulations for utility connections" which "do not affect lot size, lot dimensions, lot coverage or building size", to apply to permits in progress. The recent increase in impact fees does not affect a change in the size, dimensions or coverage of lots or of building size within the Country Ridge Addition as established by the Planned Development or the proposed Preliminary Plat/Development Plan. 5. The applicant contends that the City failed to inform him of the increase in impact fees and that he could have made adjustments to the project and/or schedule to compensate for the increase had he known. Notification requirements of State law were fully complied with in the revision of the impact fees as well as review of the Country Ridge zoning and platting applications. Furthermore, City staff responded to a number of inquiries during the impact fee revision process concerning both general and site-specific consequences, but were not questioned by the applicant or his representative about impact fees although numerous other issues were discussed. 6. State enabling legislation does provide for reduction or variance of impact fees when such encourages/achieves a local goal (Section 395.016.g) and to credit or reimburse the development for construction or financing of capital improvements (Section 395.023). The Wylie ordinance regulating impact fees does authorize credit or reimbursement for capital expenditures, and this mechanism has been used in the past. Wylie's ordinance does not authorize waivers or reductions in fees, as anticipated by the applicant's request. Furthermore, the applicant has not demonstrated that the development will achieve any special local public goal worthy of such a waiver. Board/Commission Recommendation N/A Staff Recommendation Denial of the requested waiver. The applicant has not demonstrated either 1) error in the procedure used by the City to revise or assess the impact fees, 2) or a hardship (other than self- imposed economic loss) in complying with the impact fee assessment, 3) or the achievement of any special public goal which would merit substitution or credit for the fee assessment. Attachments Applicant's letter requesting waiver rep red b Re i e by Finan e City Mana royal B U I L DERS 401) DEVELOPERS THE SHADDOCK CO\ 1'ANIES July 30, 2001 Biff Johnson City of Wylie 2000 Highway 78 North Wylie, X 75098 Dear Mr. Johnson: RE: Country Ridge Estates Addition (Planned Development District 2001-24), generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298), being a 99.7418 acre tract described in the deed to Fredrick Veninga, Trustee according to the deed recorded in Volume 883, Page 628 of the Deed Records of Collin County, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,Texas Dear Mr. Johnson: On November 29, 2000, we contracted to purchase Country Ridge Estates. Soon after contracting to purchase the property, Jeff Miles, with Jones and Boyd, Inc., and I met with Claude Thompson regarding details of zoning and developing the property. Following this meeting, I hired Richard Hovas with Tipton Engineering, Inc. to help me zone, engineer and develop the property. After lengthy conversations with Claude, a zoning application was submitted to the City of Wylie on February 14, 2001, for a Planned Development District. Following this, we had meetings with Claude to discuss the items that Claude thought the City Council wanted developers to include in 8.5 districts. We included many things that Claude suggested, such as upscale builders, larger homes, additional landscaping, an amenity center, concrete alleys and etc. We took our time in the zoning and preliminary plan approval process because we wanted to plan a first class subdivision that the City of Wylie wanted and would be proud of. We perceived of no reason to rush the zoning and/or preliminary plat approval process. On May 8, 2001, the City Council approved a Planned Development District (PD 2001-24) for Single-Family Residential Uses. On June 20, 2001, a preliminary plat for our development was submitted to the City of Wylie. The preliminary plat was approved by the Planning and Zoning Commission on July 3, 2001. We were scheduled to be heard by the City Council for preliminary plat approval on July P:\Country Ridge Estates\City of Wylie!0730.doc 4975 Preston Park Blvd. • Suite 360 • Plano,Texas 75093 • 972-985-5505 • FAX 972-985-9009 • Shaddock@shaddockdev.com shaddockdev.com Biff Johnson July 30, 2001 Page 2 24, 2001. The morning of July 24`h, at the request of our engineer, Richard Hovas with Tipton Engineering, Inc., City staff faxed the attached staff comments to Richard. Richard reviewed the staff comments and noticed something unusual. The water and sewer impact fees were included in the staff comments and appeared extremely high. Richard called Chris Holstead, the City Engineer, and told him that the impact fees stated in the staff comments appeared too be high. Chris informed Richard that the City had raised the impact fees. Consequently, Richard requested that the City Council's approval of our preliminary plat be tabled until August 14, 2001, so that the matter of the high impact fees can be discussed. Since submitting our zoning application on February 14, 2001, neither Tipton Engineering nor Shaddock Developers, Ltd. has been notified verbally or in written form by Claude or anyone from the City that the City was considering raising the impact fees or that the impact fees were raised. We realized that the impact fees for Country Ridge Estates had been raised $482,352 only after Richard reviewed the staff comments on the afternoon of July 24, 2001. Subdivision Total Water Sewer Lot Total (Lot Total x 312 Lots) Old Impact Fees: $700 per lot $1,412 per lot $2,112 per lot $658,944 New Impact Fees: $1,212 per lot $2,446 per lot $3,658 per lot $1,141,296 Difference: $512 per lot $1,034 per lot $1,546 per lot $482,352 The increase in the impact fees presents a huge problem for Shaddock Developers, Ltd., in that all of the lots have been contracted with Paul Taylor Homes and Grand Homes and the purchase price of the lots does not include the additional impact fees. Also, our bank development loan does not include the additional impact fees. Shaddock Developers, Ltd. is a small development company with four employees and does not have the resources to pay an additional $482,352. In the spirit of fairness, due to the fact that the City of Wylie did not inform us that the impact fees were increasing or the impact fees had been increased, we request that the increase in the impact fees be waived. If someone would have informed us that the impact fees were increasing, we would have hurried up our zoning and preliminary plat approval process so that we would not incur the increase in the impact fees. Sincerely, Peter H. Shaddock Executive Vice President WYLIE CITY COUNCIL AGENDA ITEM NO. Li August 14, 2001 Issue Hold a Public Hearing to consider and act upon approval of a change in zoning from Public (P) to Retail (R), for a 1.263 acre tract generally located at Williams and Birmingham Streets, situated in the S.B. Shelby Survey, Abstract No. 820, being part of Lot 1 and all of Lots 2, 3, 4, 5 and 6 of Block 5 of the Calloway Addition, City of Wylie, Collin County, Texas, and being certain tracts conveyed to the Wylie Independent School District recorded in Volume 337, Page 21; Volume 337, Page 19; Volume 335, Page 118; Volume 333, Page 160; Volume 337, Page 17 and the remainder of a tract recorded in Volume 333, Page 48 of the Deed Records of Collin County, Texas. (Zoning Case No. 2001-08) Background The applicant is requesting rezoning of the subject property in order to expand the banking facility (American National Bank of Texas) currently located on the adjacent property. The property is currently zoned Public (P) District and is occupied by the Transportation Center(bus storage and maintenance) of the Wylie Independent School District. The property is platted as part of Lot 1 and all of Lots 2, 3, 4, 5 and 6 of Block 5 of the Calloway Addition, and totals 1.263 acres in size. The properties to the north are zoned for Retail (R) uses and are developed on separate free-standing lots with the bank, a multi-tenant professional office center and a drive-in restaurant. The property to the east, across Birmingham Street, is zoned for Single-Family Residential (SF-3) uses and occupied by a church. The property to the south, across Williams Street, is zoned Public (P) and developed for school uses (the expanding Hartman Elementary). The properties to the west, across Williams Street, are zoned and developed for Retail (R) and Business-2 (B-2)uses of an automotive nature. Public Comment Forms were mailed to twenty-three (23) property owners within 200 feet of this request. One Public Comment Form has been returned, favoring the proposed rezoning Financial Considerations Rezoning application fee - Paid Other Considerations 1. The Comprehensive Plan recommends Mixed Uses for the subject property. The Plan defines the Mixed Use category as commercial, retail and office, institutional or village center residential uses or some combination of these, but allowing no industrial uses. The financial business anticipated by this rezoning is consistent with this recommendation of the Plan. 2. Although the current Zoning Ordinance contains no provision for the Public (P) District, this District is used on the Official Zoning Map to indicate school functions and other public uses such as parks,the library, waste water treatment plant and land fill which are normally allowed by right in all zoning districts. However, case law has concluded that such single-function, limited user zones are inappropriate, and the Public District will be eliminated when revisions to the Zoning Ordinance and Map are adopted. 3. The several lots of the subject property and bank property must be replatted to create a single lot of record prior to the issuance of any building permits for either a free-standing development confined to the subject property or expansion of the bank on to these properties. Board/Commission Recommendation and ZoningCommission meeting, the o €sst ' o d,. ; ;.to At the August 7, 2001 Planning g, .................... ..................... approve the zone change request. Staff Recommendation Approval. The proposed zoning and land use is consistent with the Comprehensive Plan and compatible with the surrounding existing development and zoning. The Department's of Development Services, Public Works, and Fire concur with this recommendation. Attachments Location Map Notification List and Map Response Forms Ordinance � Z Prepare by Revi w d y finance City anager royal / I D ` I � I I L � m Elliot Street m ' r _ , , L / - P ii .:, E s rr, i ..---- Fleming Stree ! m I --I / L. Jill ---- i ., i 1 / ... A : i i ,- Court -,* Subject ,`r o i J Butler L. Property . a,� i _= • -*. /. Z �• . - Calloway St S . - - i i Q _ \`� � ' i Colle e Stree rive ..p - - ' S• rilGams Street c __ _f_ 0 , i i . ______ .. . i )" +_r _ _ r _ / nsTI±i ! i iI i est Kirb Street � rreStrree/ '-..1 • - z ..\ .._. n one Road C U NI L 0 op" 0 : . (A \ / / LOCATION MAP ZONING CASE #2001 -08 NOTIFICATION REPORT APPLICANT: The American National Bank of Texas APPLICATION FILE #2001-08 P.O. Box 1268 Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS I Applicant-c/o Marvin Fuller P.O. Boxl 268 1 American National Bank Wylie,Texas 75098 405 Hwy. 78 2 Abst 820 Tract 22 R-6820-000-0220-1 Super C-Store Corporation Wylie,Texas 75098 6400 Texoma Parkway 3 Abst 820 Tract 20 R-6820-000-0200-1 Wylie Auto Parts, Inc. Sherman, Texas 75090 P.O. Box 31 4 Abst 820 Tract 21 R-6820-000-0210-1 Mont Hendricks Farmersville,Texas 75442-0031 1001 S. Ballard Avenue 5 Abst 820 Tract 23 R-6820-000-0230-1 Wylie Independent School Dist. Wylie,Texas 75098 P.O. Box 307 6 Abst 820 Tract 39 R-6820-000-0390-1 Richard Parker Wylie, Texas 75098 102 W. Moore Avenue 7 Abst 820 Tract 40 R-6820-000-0400-1 American National Bank Terrell,Texas 75160-3140 Dobbs Addn. P.O. Box 22775 8 --- --- R-2020-000-0000-1 Manson-Harrison Jarrard Enterprises Oklahoma City, OK 73123-1775 Calloway Addn 1001 S. Ballard Avenue 9 Blk 5 Lot 1 A R-1160-005-001 A-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S. Ballard Avenue 10 Blk 5 1 B R-1160-005-001 A-i Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S. Ballard Avenue 11 Blk 5 2 R-1 160-005-001A-1 Wylie Independent School Dist. Wylie, Texas 75098 Calloway Addn 1001 S. Ballard Avenue 12 Blk 5 3 R-1 160-005-001 A-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S. Ballard Avenue 13 Blk 5 4 R-1 160-005-001A-1 Wylie Independent School Dist. Wylie, Texas 75098 Calloway Addn 1001 S. Ballard Avenue 14 Blk 5 5 R-1160-005-001A-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S.Ballard Avenue 15 BIk 5 6 R-1160-005-001 A-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S. Ballard Avenue 16 Blk 6 1 R-1160-006-0010-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S. Ballard Avenue 17 BIk 6 2 R-1160-006-0010-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S. Ballard Avenue 18 Blk 6 3 R-1160-006-0010-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn 1001 S. Ballard Avenue 19 Bik 6 4 R-1160-006-0010-1 Wylie Independent School Dist. Wylie,Texas 75098 Calloway Addn P.O. Box 924 20 Blk 3 4A R-1160-003-004A-1 Pinkie Bardin Wylie,Texas 75098 Calloway Addn P.O. Box 65 21 Blk 3 4C R-1160-003-004C-1 Cecil Bardin Wylie,Texas 75098 Calloway Addn 509 S. Birmingham Street 22 Blk 3 4D R-1160-003-004D-1 Donald Rister Wylie,Texas 75098 Kellers First Addn. 207 College Street 23 Blk 7 Lot 8R R-1166-007-008R-1 First Assembly of God Wylie,Texas 75098 Bill Lovil P.O. Box 90 24 S.H. 78 Texas Dept. of Transportation McKinney,Texas 75069 25 / Z U A 820 Tr 39 I '�"'� 4/bi25 . Attier►Cari U r7- R R. Par(cer • /Jo:KauaI C— C g / Morison- I ►-I ar ri son Kellers l5i- Jarrard Eat -1r2° . . .-- . . -- . !9t'Assembly p,( tr 20 '1 ►A W! 59 13l,3,,',z.::,":,-5:::,:7::.v.:,t ll' Q arf5 loc. • 1�. 2: • .- SLIP-ex" 82 C- Sire O Goy \ tr. 2/ -i M•oendricks W i i c �^ s Street — Tr 23 2 D. RIS+er W 15 p W t SV 3 /C. r4i `� 4 ?•-C) .garb; Ni FOR Gallvwa.l Addn Cal, do y X MI\ftT PUBLIC COMMENT FORM (Please t}pe or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 X. I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-08. • Date.Location&Time of Planning&Zoning Commission meeting: Tuesday, August 7, 2001.7:00 pm Municipal Complex.2000 Highway 78 North. Wylie.Texas Date.Location&Time of City Council meeting: Tuesday. August 14.2001.6:00 pm Municipal Complex.2000 Highway 78 North, Wylie.Texas Name: /1 t C beAU2 ---- (please print) `, 1 Address: S CA N o r& wA 1,�044_1 £ wl,k1 -- Signature: Date: 2/ !70 COMMENTS: 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 2001-08, TO R, RETAIL DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of R, Retail District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2001. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" Property Description ZC #2001-08 Being 1.263 acres of land situated in the S.B. Shelby Survey, Abstract No. 820 and being Lots 2, 3, 4, 5 and 6 and part of Lot 1, Block 5 of the Calloway addition and being certain tracts of land conveyed to Wylie Independent School District recorded in Volume 337, Page 21, Volume 337, Page 19, Volume 335, Page 118, Volume 333, Page 160, Volume 337, Page 17 and the remainder of a tract of land recorded in Volume 333, page 48 and being more particularly described by metes and bounds as follows: Beginning at a '/2 inch iron rod found in the east line of Williams street (a 40 foot right-of-way) at the Southwest corner of the Dobbs Addition as recorded in Cabinet B, Page 268; THENCE, North 89°22'00" East, along the south line of said Dobbs Addition, Richard Parker tract recorded in Volume 93-0087359, and American National Bank of Terrell tract recorded in Volume 93-0077335, for a distance of 409.01 feet to a '/2 inch iron rod found in the west line of Birmingham Street (a 70 foot right-of-way); THENCE, South 01°02'44" West, along the west line of Birmingham Street, a distance of 135.06 feet to an 'x' cut set for corner; THENCE, South 89°22'00" West, along the north line of Williams Street, a distance of 406.00 feet to a '/2 inch iron rod found for corner; THENCE, North 00°13'52" West, along the east line of Williams Street, a distance of 135.00 feet to the Point of Beginning and containing 55,014 square feet which is 1.263 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. 5. August 14, 2001 Issue Hold the second of two Public Hearings for the Annexation of: Tract 1, a 49.277 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, Collin County Texas, and Tract 2, a 1.041 acre tract of land situated in the Aaron West Survey, Abstract 979, Collin County, Texas; and generally located east of FM 544 and north of Wheelis Road. Background A request for voluntary annexation has been submitted by the owner of the above referenced property, Edwina Cook Collins. This annexation, along with two previous annexations of 359.66 acres on April 24, 2001 and 60.026 acres on July 24, 2001 are proposed to be combined into a single development. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. 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 1, 2001 First Public Hearing August 13, 2001 Second Public Hearing August 14, 2001 Adoption of Ordinance September 11, 2001 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan repare y Revi d by Finan City Man er royal 1 •._..1._l-1_•.L LZ 1 .11J_. . 1.. _:,� I I • [.._`_,..1 i 1 I • ' I I I I$ 144 , 1 I L. i , I �._ 1 11 I I 1 I '' 'r-- i 1 1 I € , I t. I I r 11 i iI ill I 7 1 1 1 . 11 I 1 lI _.._.. i 1 �.._.. R : ®� 1III :;4,34 i 1_......_.1 1 1 II I - I I ' ® j 1 I i i i ..._.._..i 1 1 i f I I. '_._.._.._...i I 11 s 1 1 ! 1 �._..J �_..0._.._ - - 1 ! I r , e G I i e eons • 1 1 , l 01011 i l l 111 , 1 ft i I'..--- 1 f I 7L.. I _.._..J I i 1 i.._.._..J i I l CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: Tract 1 — 49.277 acres; Tract 2— 1.041 SURVEY, ABSTRACT & COUNTY: Tract 1 - Allen Atterbury Survey, Abstract 23 and the Allen West Survey Abstract 979, Collin County, Texas; Tract 2 - Aaron West Survey, Abstract 979, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection 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.