12-10-2002 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, December 10, 2002 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
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Mayor Mondy called the meeting to order at 6:00 p.m. w'th the following Councilmembers
present: Councilman Scott, Councilwoman Allen, Councilman Hogue, Councilman Young, and
Councilman Trout.
Councilman J.C. Worley was absent.
The following staff members were present: City Manager Biff Johnson, Assistant City Manager
Mindy Manson, City Secretary Barbara Salinas, City Engineer Chris Hoisted, Finance Director
Brady Snellgrove, and City Planner Claude Thompson.
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Councilman Scott led the invocation and Councilman Trout led the Pledge of Allegiance.
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A proclamation was presented to the Wylie High School Football Team for a commendable
season. Coach Mark Ball accepted the proclamation.
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There was no citizen participation.
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A. Approval of the Minutes from the Special Meeting of November 11 and Regular Meeting of November
12,2002.
B. Consider and act upon a Final Plat for the Creekside Estates,Phase 2 Addition,generally located east of
McCreary Road and north of McMillen Road,being all of a 47.873 acre tract of land,being a portion of
a called 114.1554 acre tract of land described in a deed to Campbell/Wylie Partners recorded in
Volume 4137,Page 1120 of the Deed Records of Collin County,Texas(DRCCT) and being a portion of
a called 112.1246 acre tract of land described in a deed to Campbell/Wylie Partners recorded in
Volume 4343,Page 1370, DRCCT, situated in the John W. Mitchell Survey,Abstract No. 589, City of
Wylie,Collin County,Texas.
C. Consider and act upon a Final Plat for the Village Addition,generally located east of Westgate Way and
south of Fleming Street,being all of a 16.6883 acre tract of land described in a deed to David Litowitz
recorded in County Clerk's File No. 93-0100356 of the Deed Records of Collin County,Texas, situated
in the E.C.Davidson Survey,Abstract No.266,City of Wylie,Collin County,Texas.
D. Consider and act upon entering into an Interlocal Agreement with Collin County for the development of
Birmingham Park.
E. Consider and act upon entering into an Interlocal Agreement with Collin County for playground
improvements to Community Park.
F. Consider and act upon the execution of a Resolution and an Interlocal Agreement to participate in the
Texas Local Government Purchasing Cooperative.
G. Consider and act upon approval of a resolution authorizing donation of 0.0299 acres of land to the State
of Texas for the right-of-way for S.H.78.
H. Consider and act upon approval of a Resolution creating an Economic Development Cooperation
Agreement governing the activities of the City of Wylie Economic Development Activities.
Councilman Joel Scott made a motion to approve the Consent Agenda, Items A-H. Councilman
Eric Hogue seconded the motion. A vote was taken and passed, 6-0.
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1. Consider and act upon a Settlement Agreement between the City of Wylie and TXU as a result of the
settlement between the City of Denton et al.vs.TXU.
Ms. Manson explained to Council that in June 2000, the City of Denton filed a lawsuit
against electric and gas distribution units regarding the methods for calculating franchise fees.
Ms. Manson stated that although the City of Wylie did not join the 36 other cities in the
petition, TXU pledged "favored nations" status to all cities in its service area, i.e. all cities
will reap the benefit of the settlement regardless of whether they participated in the lawsuit.
Ms.Manson explained that if the Settlement was approved, it would provide for a one-time
payment to the City of Wylie in the amount of $18,317.45 from TXU Gas, and $10,329.95
from TXU Electric as the result of the recalculation of the franchise fees. Ms. Manson stated
that the Settlement also provides for an increase from 3% to 4% of the applicable franchise
fee payment base, making the gas franchise consistent with other City of Wylie utility
franchise agreements. Ms. Manson explained that the City's previous agreement with TXU
Gas was at 3%, but this agreement would enable the City to move to 4%; which will translate
to a $22,000.00 increase in revenue for 2002.
With no further discussion, Councilman Scott made a motion to approve the Settlement.
Councilwoman Allen seconded the motion. A vote was taken and passed, 6-0.
2. Hold a Public Hearing to consider and act upon an Ordinance changing TXU Gas Distribution's Rates
and Charges.
Ms. Manson stated that on March 26, 2002 the City Council approved a Resolution
authorizing the City to participate jointly with other cities in the distribution system to
independently analyze the gas rate filing and to appoint a representative to a steering
committee. She stated that an agreement has been reached, with none of the 51 member cities
objecting to the settlement.
Minutes—December 10,2002
Wylie City Council
Page 2
The Mayor opened the public hearing. With no citizen participation, the Mayor closed the
_ public hearing.
Councilman Trout made a motion to approve the change of rates and charges. Councilman
Scott seconded the motion. A vote was taken and passed, 6-0.
3. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 (SF-
8.5/17)to Townhouse(TH),located at 413,415,417,and 419 N.Jackson Avenue,being Lots 2B,2C,2D
and 2E,Block 3 out of the Russell Addition, situated in the S.B. Shelby Survey,Abstract No. 820, City
of Wylie,Collin County,Texas. (Zoning Case 2002-16)
Mr. Thompson stated that the applicant is requesting the rezoning of the subject property in
order to redevelop the properties as attached residential units similar to those he has recently
constructed on the abutting lots to the south. Mr. Thompson explained that the property was
originally platted as the single Lot 2, and some time later divided into four lots. He explained
that three of these lots are occupied by small-detached single-family residences that are
currently occupied, and the fourth is occupied by a single-family residence recently damaged
by fire and vacated. Mr. Thompson stated that the applicant is in the process of consolidating
the lots under single ownership for unified development. Mr. Thompson explained that the
abutting properties to the south were rezoned from the Single-Family Residential-2 of the
previous Zoning Ordinance to Townhouse (TH) District by the City Council in September of
2001. He stated that the zoning change included four lots totaling 1.3 acres, and the current
applicant replatted those lots into eleven duplex lots in March of 2002 and has subsequently
constructed two duplexes (four dwellings) and has additional duplexes under construction and
planned.
Councilman Trout inquired as to the age of the development. Mr. Thompson stated that this
was one of the City's oldest subdivisions. Councilman Scott stated that the subdivision was
approximately 50 years old.
The Mayor opened the public hearing. With no citizen participation, the Mayor closed the
public hearing.
Councilman Joel Scott made a motion to approve. Councilwoman Allen seconded the motion.
A vote was taken and passed, 6-0.
4. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Single-
Family 10/19 (SF-10/19),located west of F.M.544 and south of the Stoneridge Farms Addition,being all
of a 45.07 acre tract of land as described in a deed to William L. Collins recorded in Volume 309,Page
285,Deed Records of Collin County,Texas,situated in the A. Atterbury Survey, Abstract No. 23, City
of Wylie,Collin County,Texas. (Zoning Case 2002-17)
Mr. Thompson explained to Council that the subject property was annexed into the City of
Wylie on July 9, 2002, and was then zoned Agriculture (A) until an appropriate permanent
zoning classification could be established. He stated that the applicant is requesting rezoning of
the 34.306 acre tract to Single-Family Residential in order to develop a subdivision of single-
_ family residences on lots of at least 10,000 square feet.
Minutes—December 10,2002
Wylie City Council
Page 3
Mr. Thompson stated that five Public Comment Forms were opposing the request were
returned from residents within 200 feet of the proposed change. He stated that thirteen
additional Forms have been submitted from properties within the notification area but outside
of the City limits, all OPPOSING the request. Mr. Thompson also stated that five Forms and a
petition containing 35 signatures were submitted by those speaking at the November 19, 2002
Public hearing by the Planning and Zoning Commission, all OPPOSING the request.
Mr. Thompson explained to Council that at the November 19, 2002 Planning and Zoning
Commission meeting, the Commission voted 5-0 to recommend denial of this zoning change
due to its deviation from the Comprehensive Plan and surrounding subdivisions.
Mr. Thompson stated that staff recommended denial because the proposal does not comply
with the recommendations of the adopted Comprehensive Plan nor with existing adjacent
development patterns. Mr. Thompson stated that Due to the recommendation of denial by the
Planning and Zoning Commission, approval by the City Council will require a three-fourths
(3/4) affirmative vote by the Council.
Mr. Harry James, 1771 International Parkway, Richardson, representing the applicant
addressed the Council. He explained to Council why he believed that the proposed
development was in compliance based on surrounding property zoning and marketing research.
The Mayor inquired about the lot size to the north of the property. The applicant stated that
they were 10,000 sq.ft. lots.
Councilman Trout inquired about specific lots to the South. The Mayor stated that those lots
were not in the City. Councilman Trout asked when the zoning was adopted for the property.
Ms. Manson stated that the zoning was adopted when the comprehensive zoning map was
adopted.
The Mayor opened the public hearing. Ms. Jamie Van Eden, 1001 OakBrook Drive, Wylie,
representing homeowners within 200 feet of the proposed property, spoke in opposition. Ms.
Van Eden gave a brief powerpoint presentation. Ms. Van Eden stated that the proposed zoning
does not comply with the City's comprehensive plan.
Ms. Karen Wyrem, Oakbrook Drive, spoke in opposition of the proposed property.
Mr. Chris Fry, 851 Crestview Lane, spoke in opposition.
The applicant, Mr. Phil Gleg addressed council in rebuttal to the public hearing comments. He
stated that the City's comp plan was only a guide.
With no further comments, the Mayor closed the public nearing.
Councilman Trout made a motion to deny zoning case 2002-17. Councilman Hogue seconded
the motion. A vote was taken and passed 5-1 with Councilman Scott opposed.
The Council took a five-minute recess and reconvened at 7:00 p.m.
Minutes—December 10,2002
Wylie City Council
Page 4
5. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned
Development (PD) for mixed uses, including commercial and residential of various densities and
housing types. Generally located south of F.M. 544 and west of Country Club Drive, being three
separate parcels totaling 157.2888 acres, Parcel 1 being a 37.3823 acre tract of land situated in the
I&GN Railroad Company Survey,Abstract No. 1061 and LK Pegues Survey,Abstract No.703,Parcel
2 being a 68.3705 acre tract of land situated in the L.K.Pegues Survey,Abstract No. 703,and Parcel 3
being a 51.5360 acre tract of land situated in the W.M. Sachse Survey,Abstract No. 835, City of Wylie,
Collin County,Texas. (Zoning Case 2002-18)
Mr. Thompson explained that the applicant is requesting rezoning of the subject 157.29 acres in
order to permit a master planned multi-use community comprising single-family residential
neighborhoods of varied densities and building types, multifamily residential apartments, retail
and commercial uses and private open spaces. Mr. Thompson stated that the proposal is
intended to create a viable Village Center concept as defined by the Comprehensive Plan, and,
through coordinated planning and design, better address several development constraints of the
property, as an expansion of the Woodbridge golf community. Mr. Thompson described the
details of the proposed Planned development.
Mr. Thompson stated that at the November 19, 2002 Planning and Zoning Commission
meeting, the Commission voted 4-0 to table this zoning change until the December 3, 2002
P&Z meeting, to allow the applicant time to make modifications to the Development
Conditions. He also explained that the Planning and Zoning Commission voted 4-1 at the
December 3, 2002 meeting to recommend approval of the proposed Planned Development
district with the stipulations that the overall maximum allowed residential units in Tracts A-1,
A-2, A-3, A-4 and A-5 shall not exceed 665 lots, and that the average lot aize in Tract A-3 shall
be 8,500 square feet with a minimum lot size of 7,200 square feet. Mr. Thompson stated that
staff is recommending denial of the requested rezoning due to non-compliance with the
recommendations of the Comprehensive Plan (especially the smaller lot and dwelling sizes),
and allows too much unjustified variance from code requirements (especially higher densities
and waiver of alleys in single-family, and smaller parking spaces within commercial).
Mr. Don Herzog addressed the Council with a slide presentation. He explained to Council the
constraints of the property including a landfill, the high school and the creek. Mr. Herzog stated
that the following issues could be addressed: Parking Standards, Open Space, front entry
garages, and exterior composites of the townhomes.
Councilman Trout inquired about amenity centers. Mr. Herzog stated that it was a possibility in
the townhouse district. Councilman Scott inquired about the number of multi-family units. Mr.
Herzog stated 15 units per acre. There was some discussion concerning future standards within
homeowners associations. There was also some discussion regarding the open space in the
proposed development.
The Mayor opened the public hearing. Mr. Tim Johnson, 932 Hooper Road spoke in opposition
of the proposed development. Mr. Chris Fry, 851 Crestview spoke in opposition of the
proposed development. With no further public comment, the Mayor closed the public hearing.
Minutes—December 10,2002
Wylie City Council
Page 5
Councilman Scott made a motion to table this item to the first meeting in January. Councilman
Trout seconded the motion. A vote was taken and passed, 6-0.
6. Hold a Public Hearing to consider and act upon a change in zoning to amend the Conditions for
Development of Bozeman Farms Planned Development District (PD 2002-21) for Single-Family
Residential and Village Center Mixed Uses to allow Day Care uses within the Single-Family Residential
areas without SUP approval and to eliminate the front garage offset from the façade of house. PD
2002-21 is a 475.80 acre tract generally located south of Stone Road and east of FM 544. (Zoning Case
2002-19)
Mr. Thompson stated that the applicant is requesting a revision to the existing Planned
Development District (PD 2002-21) for Bozeman Farm Estates. He stated that the proposed
amendments to the Conditions for the Planned Development District to amend the Single-
Family Residential requirements to eliminate the front garage offset and to allow Day Care uses
without Specific Use Permits. He stated that no other changes are being made to the
Development Plan or Conditions of Development.
Mr. Thompson explained that the proposed revisions maintain the earlier Planned Development
District requirements substantially as adopted, except for the following changes to the
Conditions of Development:
• Section V.ii.22. has been added to permit Day Care facilities without a Specific Use Permit
in Single-family residential areas on lots of one(1) acre or larger; and
• Section VLiii.5. has been revised to garages facing the street to be flush with no offset from
the front of the house for twenty-five percent (25%) of Type "A" lots with houses of 2,000
square feet or larger.
Mr. Thompson stated that staff and the Planning and Zoning Commission recommended
approval.
Councilman Scott asked for clarification on the daycare issues.
The Mayor opened the public hearing. With no public comments, the Mayor closed the public
hearing.
Councilman Scott made a motion to approve the zone change with the daycare specific use
permit omitted at the applicants request; and with the percentage of Type A lots being changed
from 25% to 100% with staff support. Councilman Young seconded the motion. A vote was
taken and passed, 4-2 with Councilman Hogue and Trout in opposition.
7. Consider and act upon an Ordinance annexing all of a certain 48.643 tract of land out of the Mercer
Phalen Survey, Abstract 695, Collin County, Texas, and generally located north of the proposed
extension of Park Blvd and west of Parker Road.
Ms. Manson stated that this request is for voluntary annexation has been submitted by the
Wylie Independent School District for the property which is the site of the new junior
high/intermediate school property. She stated that the property was previously within the
jurisdiction of St. Paul and has been released by their Council. Ms. Manson explained that if
Minutes—December 10,2002
Wylie City Council
Page 6
Council approves the proposed annexation, the property will be temporarily zoned as A
(Agricultural)until permanent zoning is established.
Councilman Scott made a motion to approve. Councilman Hogue seconded the motion. A vote
was taken and passed, 6-0.
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The captions of approved ordinances were read into the record.
The meeting was adjourned at 8:19 p.m.
/ ti
oh Mondy,Mayor
ATTEST:
City Secretary
Minutes—December 10,2002
Wylie City Council
Page 7