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10-27-2020 (City Council) Agenda Packet IA, NOTICE OF PUBLIC ■■ CITY OF EVENT WYLIE Tuesday, October 27, 2020 5:30 p.m. Smith Public Library Lobby 300 Country Club Road, Building 300 Wylie, Texas 75098 EXPLANATION A RECEPTION FOR OUTGOING MAYOR, ERIC HOGUE AND COUNCIL MEMBER, DAVID DAHL, WILL TAKE PLACE PRIOR TO THE REGULAR CITY COUNCIL MEETING. A QUORUM OF THE CITY COUNCIL MAY OR MAY NOT BE PRESENT, NO ACTION WILL BE TAKEN DURING THIS RECEPTION. IAI If Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda October 27, 2020 — 6:00 pm Wylie Municipal Complex Council Chambers 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentations to Mayor Hogue and Councilman Dahl • Wylie Way Students • Recognition of Municipal Court Judge Terry Douglas • Proclamation for Municipal Court Week—November 2-6 • Proclamation for Hunger and Homelessness Week—November 14-22 • Proclamation for Arbor Day October 27,2020 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of October 13, 2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, an amended plat for Lot 1, Block A Wylie Junior High School Addition,to establish fire lane,access,and utility easements for one lot on 44.889 acres,located at 950 and 1050 Park Boulevard. (J. Haskins, Planning Manager) C. Consider,and act upon,a preliminary plat for Stone 2514 Addition,to create one commercial lot on 1.275 acres,located at 7940 E.Parker Road. (J. Haskins, Planning Manager) D. Consider, and act upon, a final plat for Stone 2514 Addition, to establish one commercial lot on 1.275 acres,located at 7940 E.Parker Road. (J. Haskins, Planning Manager) E. Consider, and act upon, a preliminary plat for R.V. Groves Elementary School Addition, to create one lot on 10.343 acres,located at 1100 McCreary Road. (J.Haskins, Planning Manager) F. Consider,and act upon,a final plat for R.V. Groves Elementary School Addition,to establish one lot on 10.343 acres,located at 1100 McCreary Road. (J. Haskins, Planning Manager) G. Consider, and act upon, Ordinance No. 2020-54 for a change of zoning from Agricultural District (AG/30) to Planned Development (PD), amending Planned Development 2017-31, to allow for a single-family residential development on 15.88 acres, generally located on Sachse Road approximately 1700' south of Dominion Drive. (ZC2020-10). (J. Haskins, Planning Manager) H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30,2020. (J. Greiner, WEDC Director) I. Consider, and act upon, an agreement authorizing the appointment of Art Maldonado as Municipal Court Judge for the City of Wylie effective November 1, 2020, setting terms and stipend of service. (M. Beard, Finance Director) J. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for September 30,2020. (M. Beard, Finance Director) K. Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2020. (M. Beard, Finance Director) October 27,2020 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA Tabled from 10-13-2020 Remove from table and consider 1. Hold a Public Hearing, consider, and act upon,a change of zoning from Agricultural District (AG/30) to Agricultural District Special Use Permit (AG/30-SUP), to allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres, generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12) (J. Haskins, Planning Manager Executive Summary North Texas Municipal Water District is requesting a Special Use Permit(SUP)within the current Agricultural Zoning district to allow for conditions for the continued use and expansion of an existing Waste Water Treatment Plant on 50.322 acres. 2. Consider, and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Keles Group Inc. regarding the use of building materials for property generally located at the northeast corner of Park Boulevard and Country Club Road. (J. Haskins, Planning Manager) Executive Summary The applicant has requested to enter into a Development Agreement with the City of Wylie while requesting to rezone the property generally located on the northeast corner of Park Boulevard and Country Club Road. 3. Hold a Public Hearing, consider, and act upon, a change of zoning from Neighborhood Services District(NS)to Neighborhood Services District Special Use Permit(NS-SUP),to allow for a Convenience Store use on 0.95 acres, generally located on the northeast corner of Park Boulevard and Country Club Road. (ZC2020-11) (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to rezone 1.056 acres located on the northeast corner of Country Club Rd. and Park Blvd. to Neighborhood Services (NS) with a SUP. The property is currently zoned Neighborhood Services. The reason for the requested rezoning to NS-SUP is to allow for the development of a 4,000 sf convenience store with fueling stations on the corner of Country Club and McMillan. 4. Hold a Public Hearing, consider, and act upon,a change of zoning from Agricultural District (AG/30) to Townhouse District (TH), to allow for single-family attached residential development on 1.83 acres,generally located at the southwest corner of Brown Street and WA Allen Boulevard. (ZC2020-09) (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to withdraw the item from consideration. EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. October 27,2020 Wylie City Council Regular Meeting Agenda Page 4 of 4 §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.087.DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate,stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects 2018-9b,2019-3a, 2020-7a,and 2020-9a. Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Consider the sale or acquisition of properties located at: State Highway 78 & Alanis; State Highway 78 & Ballard; State Highway 78 & Birmingham; State Highway 78 & Brown; Regency& Steel. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certifi,that this Notice of Meeting was posted on October 23, 2020 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed 1AI fN Wylie City Council CITY OF WYLIE Minutes Regular Meeting October 13, 2020—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Mayor pro tern Jeff Forrester, Councilman David R. Duke, Councilman Matthew Porter, Councilwoman Candy Arrington, Councilman Timothy T. Wallis,and Councilman David Dahl. Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Information Officer Craig Kelly; Finance Director Melissa Beard; Public Works Director Tim Porter; Planning Manager Jasen Haskins; Project Engineer Wes Lawson; WEDC Executive Director Jason Greiner; Attorney Art Rodriguez; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Hogue led the invocation and Mayor pro tern Forrester led the Pledge of Allegiance. PRESENTATIONS • Wylie Way Students Mayor Hogue presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the"Wylie Way Student." • Proclamation-Wisecrackers Toastmaster Club Mayor Hogue presented a proclamation proclaiming October 2020 as Toastmasters Month in Wylie, Texas. Representatives from the Wylie Wisecrackers Toastmasters Club were present to accept the proclamation. • Proclamation-Woman Owned Business Month Mayor Hogue presented a proclamation proclaiming October 2020 as Woman Owned Business Month in Wylie,Texas. Representatives from Anointed Hearts and Hands Catering,Dear Sorella Boutique and Salon, Melissa Mancini Photography and Studio Lotus, and Mary Harris were present to accept the proclamation. • Proclamation-Fire Prevention Week Mayor Hogue presented a proclamation proclaiming October 4-10, 2020 as Fire Prevention Week in Wylie, Texas. Representatives from Wylie Fire Rescue were present to accept the proclamation. Minutes October 13,2020 Wylie City Council Page 1 • Wylie Police Department Promotional Badge Pinning: Corporal Tyler Johnson,Sergeant Brian Porter, Sergeant Mark Johnson,and Lieutenant Stephen Coomer. Police Chief Henderson administered the Law Enforcement and Texas Oaths of Honor to newly appointed Corporal Tyler Johnson, Sergeant Brian Porter, Sergeant Mark Johnson, and Lieutenant Stephen Coomer. Lieutenant Coomer was pinned by his wife Kandy. Sergeant Johnson was pinned by his son. Sergeant Porter was pinned by his wife Tristian. Corporal Johnson was pinned by his girlfriend. CITIZEN COMMENTS ON NON-AGENDA ITEMS There were no citizens present wishing to address Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of September 22, 2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, Ordinance No. 2020-49 setting the time and place for all regular City Council Meetings in the 2021 calendar year. (S. Storm, City Secretary) C. Consider, and act upon, approval of a Final Plat for Redwood at the Lake Ph2 Addition, establishing two lots on 30.58 acres,generally located at the southeast corner of Vinson Road and County Line Road. (J. Haskins, Planning Manager) D. Consider, and act upon, Ordinance No. 2020-50 amending Ordinance No. 2020-44 (2020-2021 Budget) for proposed budget amendments for fiscal year 2020-2021; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) E. Consider, and act upon, Ordinance No. 2020-51 amending Ordinance No. 2020-44 (2020-2021 Budget) for proposed budget amendments for fiscal year 2020-2021; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) F. Consider, and act upon,Resolution No. 2020-57(R) authorizing the City Manager of the City of Wylie,Texas,to execute the Agreement to Contribute Right of Way Funds(Fixed Price)between the State of Texas through the Department of Transportation and the City of Wylie concerning the improvements on Highway No.FM 544 at FM 1378. (T. Porter, Public Works Director) G. Consider,and act upon,the approval of the second modification to contract#W2018-118-A Solid Waste & Recycling Services with Community Waste Disposal L.P., adjusting the billing rates effective October 13, 2020, and authorizing the City Manager to execute any necessary documents. (B. Parker,Asst. City Manager) H. Consider, and act upon, Ordinance No. 2020-52 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended,Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits). (B. Parker, Asst. City Manager) Minutes October 13,2020 Wylie City Council Page 2 I. Consider, and act upon, the approval of the purchase of vehicles and in the estimated amount of $466,000.00 through an inter-local purchasing agreement with The Sheriffs'Association of Texas, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) Councilman Porter requested Items E and F be pulled from Consent and considered individually. The consensus of Council was to consider Items E and F individually. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis, to approve the Consent Agenda items A-D and G-I as presented.A vote was taken and motion passed 7-0. E. Consider, and act upon, Ordinance No. 2020-51 amending Ordinance No. 2020-44 (2020-2021 Budget) for proposed budget amendments for fiscal year 2020-2021; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) Council Comments Councilman Porter commended Library staff for obtaining a grant of$25,000 for the Library. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester, to approve Item E as presented.A vote was taken and motion passed 7-0. F. Consider, and act upon, Resolution No. 2020-57(R) authorizing the City Manager of the City of Wylie,Texas,to execute the Agreement to Contribute Right of Way Funds(Fixed Price)between the State of Texas through the Department of Transportation and the City of Wylie concerning the improvements on Highway No.FM 544 at FM 1378. (T. Porter, Public Works Director) Council Comments Councilman Porter asked where the funding was coming from for this project. Public Works Director Porter replied funding would come from West Thoroughfare Impact Fees. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to approve Item F as presented. A vote was taken and motion passed 7-0. Mayor Hogue convened the Council into Executive Session at 6:59 p.m. and invited North Texas Municipal Water District board members Marvin Fuller and Keith Stephens to join Executive Session if they were present. EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. Minutes October 13,2020 Wylie City Council Page 3 §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Receive legal advice regarding PUC Docket No. 46662 pending before the Public Utility Commission of Texas in the case styled Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing the decision by North Texas Municipal Water District affecting wholesale water rates. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue convened the Council into Open Session at 7:08 p.m. REGULAR AGENDA 1. Consider,and act upon,Resolution No.2020-58(R)of the City Council of the City of Wylie,Texas, approving a settlement agreement and any related agreements,including a first amendment to the Regional Water Supply Facilities Amendatory Contract by and between the City of Wylie,Texas, the North Texas Municipal Water District,and all member cities in said district in full settlement of all pending petitions filed at the Public Utility Commission of Texas, PUCT Docket Nos. 46662,47863,and 49043; and providing an effective date. (C. Holsted, City Manager) Council Comments Mayor Hogue stated North Texas Municipal Water District (NTMWD) is made up of 13-member cities. A few years back, four of the cities wanted to look at an alternate method for allocating cost for water services. They petitioned the Public Utility Commission of Texas (PUC) wanting them to step in and PUC opined the member cities needed to work together to come to a settlement. There have been some concessions and agreements between the cities and District management which is resulting in the Settlement Agreement presented. Councilman Porter stated the proposed contract amendment states it could result in increasing charges for water to the City. Porter asked as a result of this Settlement Agreement,how will it affect the average rate the City pays per gallon, the projection for the future, and the City's ranking. Holsted replied the District has projections for the wholesale water rate over the next 10 to 20 years. The proposed changes to the contract are contract minimums are possibly reduced by some cities. The District needs a certain amount of revenue to operate and cover their costs; therefore, as a result, it does change the projection for the wholesale water rate and would result in a higher cost to the City. Holsted stated with the contract provisions, each City has more control over their cost and the contract minimum more resembles the actual usage of the City. Porter asked if each City will have equal cost. Holsted replied each City will pay the same wholesale rate. Porter confirmed that the proposed Agreement does not take in to account the transmission cost depending on where the City is located and where the water is coming from,and prohibits the City from any type of legal action involving the NTMWD for 20 years.Holsted replied the 20-year provision is to refrain from any lawsuits or mechanisms to Minutes October 13,2020 Wylie City Council Page 4 change this Agreement,not on other items the City may choose to take up with the District.Hoisted stated that when the District was formed in the 1950s there was quite a bit of discussion regarding the rates and it was decided that there is strength in unity and the member cities, regardless of location, would pay the same wholesale rate. Mayor pro tern Forrester confirmed the costs are being passed to all customers purchasing water from the District,not just the member cities. Holsted replied that is correct. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl,to approve Resolution No. 2020-58(R)of the City Council of the City of Wylie,Texas,approving a Settlement Agreement and any related agreements,including a first amendment to the Regional Water Supply Facilities Amendatory Contract by and between the City of Wylie, Texas, the North Texas Municipal Water District, and all member cities in said district in full settlement of all pending petitions filed at the Public Utility Commission of Texas,PUCT Docket Nos. 46662,47863, and 49043; and providing an effective date.A vote was taken and motion passed 5-2 with Councilmen Porter and Duke voting against. 2. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30)to Planned Development(PD),amending PD 2017-31,to allow for single family residential development on 15.88 acres, generally located on Sachse Road approximately 1700' south of Dominion Drive. (ZC2020-10) (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone a 15.88-acre property,which was recently annexed into the City,by amending the existing 355-acre Dominion of Pleasant Valley Planned Development(PD 2017-31)and include this property in that PD.A Development Agreement, in conformance with this zoning request,was approved by the City Council in June 2020. Haskins reported this adds about 80 single family lots and two acres of open space. All open space lots are to be owned by the City of Wylie and maintained by the Homeowners Association, with the exception of Lot 17X, Block A, which is an existing pond. The pond will be used as a detention area that is to be owned and maintained by the Homeowners Association. The remainder of the conditions of PD 2017-31 are unchanged with this requested amendment. Haskins reported 165 notifications were mailed; with one response received in favor of the request. The Commission, after some discussion regarding the ownership of the open space, voted 6-0 to recommend approval. Applicant Comments Ron Haines, owner and developer of Dominion of Pleasant Valley, gave a short presentation regarding the proposed zoning change showing an aerial map, master plan, annexation tract concept plan, depiction of homes, and sales data of Dominion of Pleasant Valley. Public Hearing Mayor Hogue opened the public hearing on Item 2 at 7:23 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Hogue closed the public hearing at 7:23 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Duke, to approve a change of zoning from Agricultural District(AG/30)to Planned Development(PD), amending PD 2017-31, to allow for single Minutes October 13,2020 Wylie City Council Page 5 family residential development on 15.88 acres, generally located on Sachse Road approximately 1700' south of Dominion Drive (ZC 2020-10). A vote was taken and motion passed 7-0. 3. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30) to Agricultural District Special Use Permit (AG/30-SUP), to allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres, generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road.(ZC2020-12)(J.Haskins,Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the North Texas Municipal Water District(NTMWD)is requesting a Special Use Permit(SUP) within the current Agricultural Zoning district to allow for conditions for the continued use and expansion of an existing Waste Water Treatment Plant. The SUP conditions allow the NTMWD to conduct further development of the site without conducting a tree survey or mitigation on the 19.3 acres of undeveloped area, as is normally required by the zoning ordinance. The SUP conditions require the NTMWD to continue the landscape berm that they currently have along Pleasant Valley Road. The berm will include landscaping along the apex in addition to security fencing and these conditions will provide ample screening of the site along the frontage of Pleasant Valley Road and the adjacent border of the Dominion of Pleasant Valley residential development. While maintaining Agricultural Zoning, the SUP contains design standards that match the restrictions of development within a Heavy Industrial Zoning district, being in line with the use on the property.Lastly,the SUP allows the zoning to revert to AG/30 district should the NTMWD cease to own the property or operate the Waste Water Treatment Plant. Haskins reported after some discussion regarding odor control, and an endorsement of the SUP by the developer of the adjacent Dominion of Pleasant Valley,the Commissioners voted 6-0 to recommend approval. Applicant Comments Tony Sosebee,representing Huitt-Zollars for NTMWD,addressed Council giving a short presentation showing the project history, an aerial of the property, the SUP conditions, the rezoning exhibit plan, renderings of the landscape berm and tree plantings, and noise and odor control regulations and measures of the Muddy Creek Waste Water Treatment Facilities. Public Hearing Mayor Hogue opened the public hearing on Item 3 at 7:33 p.m. asking anyone present wishing to address Council to come forward. Ron Haines, developer for Dominion of Pleasant Valley, addressed Council requesting proper screening, tree mitigation on top of the berm, and the planting of red cedars at the site. Marvin Fuller, NTMWD board member, addressed Council expressing the importance to try to maximize keeping all the existing large cedar elms that are close to the boundary and possibly move the berm back. Mayor Hogue closed the public hearing at 7:37 p.m. Council Comments Mayor pro tern Forrester expressed concerns with removing the trees and constructing a six-foot berm to assist with the noise and visual aesthetics.Forrester stated saving trees is paramount and encouraged the retention of mature trees in the area. Councilman Wallis asked why the City is waiving the tree survey,expressed concerns with protecting the large trees in the area, and asked what is the highest facility that could be built on the property. Haskins stated per the SUP the applicant could not construct anything taller than 50 feet. The reason why heavy industrial standards were used is because of the tilt wall construction and the general use they have at the property. Staff wanted to keep the property zoned AG with a SUP in the event that the NTMWD does Minutes October 13,2020 Wylie City Council Page 6 not occupy the property to prevent heavy industrial zoning,that has no limitations to it,right next to residential zoning. Haskins stated staff looked at not conducting a tree survey because the current zoning ordinance contains tree mitigation exceptions for buildable areas, necessary easements, and other utility areas that may endanger public safety and welfare,which may allow NTMWD to clear many of the trees without mitigation. Staff looked at how can the City get the maximum screening for the facility by negotiating with the applicant, which resulted in the screening and berm in the SUP. Mayor Hogue stated the plant was there prior to Dominion of Pleasant Valley being constructed,and the City has to ensure that they take care of sewage needs for 55,000 residents. Hogue stated it is a great facility and NTMWD takes pride in the construction of their facilities,and while he understands and is aware of the needs for the berm and trees,the City has to remember why this facility is being constructed. Forrester stated his concern is the SUP is specifically for the NTMWD and the possibility for them to vacate the property after removing trees,and expressed he would like to see tree preservation on the property. Porter asked what is the maximum height currently on the property and what do the future plans call for. Sosebee replied there are structures currently on the property that are about 40-45 feet high. Porter expressed concerns with the removal of trees and the height of the berm. Holsted asked the applicant if there has been a preliminary site plan or layout completed for the future 19 acres. Sosebee responded there is not a preliminary site plan or layout at this time. Holsted confirmed there is no immediate plan to expand into the tree area. Sosebee confirmed that is correct. Hogue asked if NTMWD is not planning on going into the trees at this time why is this being discussed. Haskins replied that the District is trying to obtain approval to construct a 1,600 square foot admin building for the employees that work on the site so in order to obtain a building permit for the building, staff was setting the zoning for the entire property. Haskins stated staff can work with the Developer to determine wording to save some of the larger trees on the property, as well as change the six-foot berm to an eight-foot berm,and plant red cedars on the berm. Councilman Dahl recommended a requirement be put in place that a tree mitigation plan be submitted with their proposed site plan. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to table Item 3 until the October 27 Council meeting.A vote was taken and motion passed 7-0. 4. Consider,and act upon,Ordinance No.2020-53 amending Ordinance Nos.2020-24,2020-25,2020- 26,2020-29,2020-31,2020-35,2020-38,2020-41,and 2020-48 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help abate the COVID-19 public health crisis. (C. Holsted, City Manager) Staff Comments City Manager Holsted addressed Council stating it is Council's discretion whether to let the Declaration of Local Disaster expire or extend it to a future meeting. Holsted reported there are a few purchases related to COVID pending so having this Ordinance in place is a benefit for those purchases. Council Comments Councilman Porter asked what the time frame for completion of the pending purchases are. Holsted replied they could possibly be complete in the next 30 days. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis,to approve Ordinance No. 2020-53 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, 2020- 41, and 2020-48 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help abate the COVID-19 public health crisis to continue until November 17 at 11:59 p.m., direct staff to make the change, and for the Mayor to execute. A vote was taken and motion passed 7-0. Minutes October 13,2020 Wylie City Council Page 7 5. Consider, and act upon, the acceptance of the resignation of Anthony Taylor, appointment of a board member to the Board of Ethics to fill the unexpired term of July 2020 to June 2022,and the appointment of a new alternate to fill the unexpired term of September 2020 to June 2021. (S. Storm, City Secretary) Staff Comments City Secretary Storm addressed Council stating staff is requesting the appointment of a new Board of Ethics member to replace Anthony Taylor. Sammi Powers currently holds the position of Alternate 1 for the Board of Ethics. Staff has reached out to Ms. Powers and she is willing to serve if appointed and is present to be interviewed by the City Council. Staff did receive one application to fill the alternate position from Michelle Langloys. Council interviewed Sammi Powers regarding serving on the Board of Ethics. Michelle Langloys was not present for an interview. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to accept the resignation of Anthony Taylor and appointment of Sammi Powers as Board Member to the Board of Ethics to fill the unexpired term of July 2020 to June 2022,and the appointment of Michelle Langloys as an alternate to fill the unexpired term of September 2020 to June 2021. A vote was taken and motion passed 7-0. 6. Consider, and act upon, the acceptance of the resignation of the Zoning Board of Adjustment board member Lisa Shields,appointment of alternate Shaun Chronister to fill the unexpired term of September 2020 to June 2021,and the appointment of a new alternate to fill the unexpired term of September 2020 to June 2021. (S. Storm, City Secretary) Staff Comments City Secretary Storm addressed Council stating Shaun Chronister currently holds the position of Alternate for the Zoning Board of Adjustment. Staff has reached out to Mr.Chronister and he is willing to serve if appointed. If Mr. Chronister moves into a board position, there would be a vacancy left in the Alternate position. Staff reached out to 2020 Board and Commission applicants who were not appointed to a board and did receive one application from Daniel Cooper expressing interest in serving in the position. Council Action A motion was made by Councilman Dahl, seconded by Councilman Duke, to accept the resignation of the Zoning Board of Adjustment board member Lisa Shields,appointment of alternate Shaun Chronister to fill the unexpired term of September 2020 to June 2021, and the appointment of Daniel Cooper to fill the unexpired term of September 2020 to June 2021. A vote was taken and motion passed 7-0. Mayor Hogue convened the Council into Work Session at 8:12 p.m. WORK SESSION • Fire Station 4 update and funding. (M. Beard, Finance Director and B. Blythe, Fire Chief) Fire Chief Blythe addressed Council giving a brief presentation regarding Fire Station 4 reviewing the completed project tasks, an updated timeline, and design elements. Renee French, representing BRW Architects,reviewed the proposed building renderings, site plan, and floor plan. Finance Director Beard addressed Council giving a brief presentation regarding Certificates of Obligation for Fire Station 4 including:the funds needed for Fire Station 4 is$5.6 million and for a 20-year level debt service obligation at 2.5% is approximately $360,000 year for fiscal years 2022-2041; reviewing the refunding Minutes October 13,2020 Wylie City Council Page 8 opportunity for the Combination Tax and Revenue Certificates of Obligation, Series 2010 and General Obligation Bonds,Series 2010 that could save the City about$80,000 year for fiscal years 2022-2029 resulting in a total savings of$560,000 (net of issuance costs); and the projected schedule of events. Beard reported a Notice of Intent Resolution will be brought back to Council at the November 17 meeting for approval for the Publication of Certificates of Obligation. Blythe,French,and Beard answered questions from Council. • Financial Management Policy. (M. Beard, Finance Director) Finance Director Beard addressed Council stating this is continuing the discussion regarding the external auditor rotation change in the Financial Management Policy. Beard reviewed the Sarbanes-Oxley Act of 2002 that was referenced at the previous meeting, the current Financial Management Policy wording, potential proposed Financial Management Policy wording, survey results from peer cities regarding external auditor rotations,and GFOA best practices.Beard answered questions from Council. Beard clarified most audit firms will not have a lot of partners who specialize in government audits to rotate but would have more managers available to rotate. Council direction was to set the rest period for two years for the audit partner and one contract period for the audit manager. RECONVENE INTO REGULAR SESSION Mayor Hogue convened the Council into Regular Session at 8:52 p.m. Tabled from 09-22-2020 Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to remove Item 7 from table. A vote was taken and motion passed 7-0. 7. Consider,and act upon,approving the Financial Management Policies. (M. Beard, Finance Director) Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilwoman Arrington, to approve the Financial Management Policies with the following amendment to Section 2. Accounting, Auditing, and Financial Reporting, Item E. External Auditor Rotation to read: The City will not require external auditor rotation,but will circulate requests for proposal for audit services periodically,normally at five-year intervals or less. An award of services to the same audit firm is allowable but will require rotation of the audit partner and audit manager after five consecutive years. The rest period for the audit partner will be a minimum of two years,and the rest period for the audit manager will be a minimum of five years.A vote was taken and motion passed 7-0. READING OF ORDINANCES City Secretary Storm read the captions to Ordinance Nos. 2020-49,2020-50,and 2020-51,2020-52, and 2020-53 into the official record. Minutes October 13,2020 Wylie City Council Page 9 ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Wallis, to adjourn the meeting at 8:56 p.m. A vote was taken and motion passed 7-0. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes October 13,2020 Wylie City Council Page 10 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 19,2020 Exhibits: 1 Subject Consider, and act upon, an amended plat for Lot 1, Block A Wylie Junior High School Addition, to establish fire lane, access, and utility easements for one lot on 44.889 acres, located at 950 and 1050 Park Boulevard. Recommendation Motion to approve an amended plat for Lot 1, Block A Wylie Junior High School Addition, to establish fire lane, access, and utility easements for one lot on 44.889 acres, located at 950 and 1050 Park Boulevard. Discussion OWNER: Wylie Independent School District APPLICANT: RLK Engineering The applicant has submitted an amended plat for Lot 1, Block A of Wylie Junior High School Addition on 44.889 acres. Wylie ISD is renovating the existing Davis Intermediate and McMillan Junior High School,platted in 2003. The purpose of the amended plat is to relocate and label utility and fire lane easements that have changed as a result of the remodel of the schools. Site plans for the remodel/addition were approved by the P&Z Commission on October 6,2020. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval, City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. Page 1 of 1 AliQuail Creek Addition Cab. B, Pg. 170 I Block 1 19 18 17 16 15 14 13 12 11 10 m a) V) 0 I 0 00di in to 1/2" Iron ElE 6 Fnd. S89'35'09"E 991.14' 1/Fnd2" ron „ Co ntrol Iron Fnd. 6 0 389' S89 24 34 E 344.91' Control Mon. 35'09'•E 680.80' W 00 100 300 ro E 'i 2 Acres in 0 11111 0 0 a Brian E. Schuler 4 O C) v r) CC No. 20180313000305410 N O GRAPHIC SCALE E S89'33'38"E 680.71' 1 "=1 00' E 1/2" Iron O O Z Fnd. \ 372.57 1/2" Iron 308.14' Fnd. 1/2" Iron Fnd. S76'26'07"E S89'33'38"E, 1.86' 76.72' •. ' o (cc') Dry. el o -0- J • i W (P rn w 5.0 Acres mI Artan Krasniqi Park Blvd. 20' Water Easement To 24' Fire Lane CC No. 20110719000750010 Floodwa Wylie Northeast WSC Easement �� Easement Line - 614.57' N // /-l� S88'46'S2"E 501.89 N in O kit_ / 115.24' o �- 221.04' j 235.04 __- 6, O 4/ \ g ° la / 2 l I Cry. 21 N • 30,\ � / crsi• e ' I 350.35' Cry. 3 -•e°ter. F.M. 3412 m 1 Lo-u) / 93.27' I / 1 o' J �� 314.47' -� �a0 \ S N°rth°Se Brown 5. t P' / Cry. 19 Crv. 20 N N °, \S84e @°S�er) 16:n M � O // \91 f111.19' 111.21 \ °6 t �ji t T O OO 312'31'12'E J SC ... --) O N ��( / / 24.91' Crv. 17 Cry. 11 30> Crv. 11 O LO ^ c �i / a c 2 • 8 A h W. a w 4' Os.. •96. Og Easement Agreement / x2 �� � N J C N b COF A'• F �'O>' VICINITY MAP 9 \� •jj�a Q. rn. O b 16'1The, rr Q For Impounding Water /c);()Q:r� //// \x o T sa. '�� N ro M� ��/ °SerTe s NTS i° To Collin County Soil Flood Line Based On d'o. i ° I� Ia'Conservation District Collin Count Soil Conservation District h . ° z ^ >3' 0 Vol. 488, Pg. 333 / / / o o rl,• Spillway Elevation (Lake Offsite) = 526.33 4y k`ti /// (N� 3�<0� \ \ o� w //). ° \�°��°' � \3 � / -�- m o ��\ Floodway Elevation = 528.33 ,\'yi �C/ / 5' LOt 1 , B�OCk A o �C h/ /4�,O / Crv. 11 Crv. 11 C / Z 0_ h• / / ^, pc O /7 \� \ N1/2" Capped Iron Fnd. / \ °' (cP � �,��/// 1 ,955,377 Sq. Ft. 37.2so� 37.27' _ `\ 4r o" ° v00 E / //// 44.889 Acres Cry. 16 cry. 11 w p / / ,`/ 3 16 \ \w o S89'16'27"E, 0.40' O / Cry. 22 Crv. 23 \ a \o-rn M Ki N Z // S� 6 / 0� 75� 37.27' �� co •O a / �//�� �O�' o Crv. 14 ` Z Jr W / / /// h f :4, -I- Ln ° \ // /�/ •���� ooe ' / � 2.3467 Acres oCs� I/ / `� \ crv. I Artan Krasni i N LE '� kn / / / �<0 oc / o Crv. :15-1-6-2-00.- in N N q I oC�� N \D(DLAYr.. / / `� 05 t�`e ' �� yam_ cry 8 2� I o O CC No. 20070830001208890 2�'� Wl 12.90' I m / 0 e i C // / / 6' S22'08'S6•E -1 N 5.51' a\ I �// /9 50. Crv. 12� Crv. 13 F F7r \ \ \ (2 �: I / / d, y� �2 SS OS N / 36.07' co S22'32'59"Ef / / / 9$' N 8 ., Cry. 26 / Z r^ I G� I r / M 30' -+- \ S22j �e�°�0 / I \ \ 36.70' N 1 l NO7.88'"E / \Ts ~ U ] 0$ 21' r-L5 Q ,SSS . SSO Crv. 18 (n N 42.5' I /O U w tU 1 r I / 0� C2i N ,. -�-, Cn Ua w C, ` - C� a. o dH N3115'13"E •drnNco co 8.90' i a). 0u°) of 20' aa) o ° o °' > 20' Water Esmt. \ \ \9\ "A" o w° N w° 2.03' `� z M ``' o �• N Cry. 5 / 13.74' / - DETAIL A �00�] ' �� L w o To Wylie \ \ 15' Utility w x o Northeast WSC \ S23'1059 E 1/2" Iron 20' WYLIE NORTHEAST WSC CD z o N N 'CO 20' Water Easement To L o` con ~ E \ N`" /� Fnd. / I��� ����� \ a .(1-) F' NIN w w Wylie Northeast WSC °) Z N o Z v o\ \\ I Easement 13.�4'/ w N o o I ;o c ") 0 24' Fire Lane \ \� o / // \ _ > Easement �� - o N N 11 \ \N �� 20' Water Easement Too- M o .\ o./ / 1/2" Ironho Z Ntki::-0Cry. S88'46'52"E 258.11' : V\\ . tri z Wylie Northeast WSC 10� I� 7 5' �� \ \ /p M I N ,.2� A=08'23'48" Ez 12.5 N� \ � O, / 15' Utility Easement ?� �- } 38.51' 258.11' Q � , L 408.15' 1� I L 275.85' `° J�m 611.71' ton f-.30' _.�___ _ I772.51' i 0� Crv. 11 R=1060.00435.79' �-� L Lo 739.92' mI __ T=77.81125.22' I -�� �;� - ,- O_ L=155.34 398.69' 15' Utility Easement t3o'� / CB=S65'01'49"W 1/Fndron N88'46'S2"W 293.82' �� I -7.11' P 1361.63' 1/Fnd. Tract 2 \ 155.20' Park r k Boulevard -� Wylie I.S.D. Vol. 5245, Pg. 3828 0 co \ N SHEET 1 O F 2 0 1t4 AMENDING PLAT A=30'23'14" `4 IO a R=940.00' i N 9.738 Acres 0 T=133.07' WYLIE JUNIOR HIGH Birmingham Land, Ltd. L=49498.53 CC No. 94-0029675 U I 0 CB=576'01'32"W 0 492.71'CO SCHOOL ADDITION Birmingham Farms Phase 14A Birmingham Farms Phase 14A Cab. P, Pg. 654 Cab. P, Pg. 654 LOT 1 , BLOCK A Curve Data Chart Inner Outer Inner Outer nner Outer Being A Final Plat Of Lot 1 , Block A A=47'00'00" A=47'00.00" A=90'00'00" A=151'44'01" R=70.00' R=100.00' R=20.00' R=5.00 Wylie Junior High School Addition 1 T=30.44' T=43.48' 11 T=20.00' 21 T=19.86' L=57.42' L=82.03' L=31.42' L=13.24' Recorded In Cabinet 0, Page 473 P.R.C.C.T. A=43'00'00" A=43'00'00" A=94'40.25" A=60'00'00" A=60'00'00" dd Q 2 R=70.00' R=100.00' 12 R=30.00' 22 R=20.00' R=44.00' 44. 8 8 9 Acres Situated In The T=27.57' T=39.39' T=32.55' T=11.55' T=25.40' L=52.53' L=75.05' L=49.57' L=20.94' L=46.08' A=30.00'46" A=30'00.46" A=96'44'44" A=59'59'14" A=59'59'14" MERCER PHALEN SURVEY ^' ABSTRACT 695 3 R=200.00' R=224.00' 13 R=30.00' 23 R=20.00' R- =44.00' T=53.61' T=60.05' T=33.76' T=11.54' T=25.40' L=104.76' L=117.34' L=50.66' L=20.94' L=46.07' WYLIE, C O LLI N COUNTY, TEXAS A=56'29'15" A=56'29'15" A=86'44.24" A=120'00'46" A=120'00'46" R=120.00' R=144.00' R=20.00' 24 R=20.00' R- =44.00' 4 T=64.46' T=77.35' 14 T=18.89' T=34.65' T=76.23' Owner L=118.31' L=141.97' L=30.28' L=41.89' L=92.16' A=54'26'12" A=54'26'12" A=103'34.19" A=19'52'06" A=19'52'06" Wylie Independent School District R=30.00' R=54.00' R=30.00' R=80.00' R=104.00' 5 T=15.43' T=27.77' 15 T=38.10' 25 T=14.01' T=18.21 951 South Ballard Avenue L=28.50' L=51.31' L=54.23' L=27.74' L=36.06' Wylie, Texas 75098 A=60'00'00" A=60'00'00" A=71'56'07" A=22'10'13" A=2210'13" 6 R=70.00' R=100.00' 16 R=20.00' 26 R=80.00' R- =104.00' Telephone 972 429-3000 T=40.41' T=57.74' T=14.51' T=15.67' T=20.38' L=73.30' L=104.72' L=25.11' L=30.96' L=40.24' Engineer A=25'20'38" A=25'31'27" A=120'00.00" 7 R=363.50' R=393.50' 17 R=20.00' RLK Engineering, Inc. T=81.73' T=89.13' T=34.64' L=160.79' L=175.30' L=41.89' Texas Registration No. 579 A=20'59'22" A=24'28'30" A=31'13'56" A=3113'56" 111 West Main Street 8 R=363.50' R=387.50' 18 R=80.00' R=104.00' Allen, Texas 75013 T=67.34' T=84.05' T=22.36' T=29.07' L=133.16' L=165.53' L=43.61' L=56.69' Telephone 972 359-1733 A=26'28'20" A=26'28'20" A=7615'40" 9 R=100.00' R=124.00' 19 R=30.00' T=23.52' T=29.17' T=23.55' Surveyor L=46.20' L=57.29' L=39.93' A=123'30'54" A=123'30'54" A=28'15'59' Surdukan Surveying, Inc. 10 R=60.00' R=84.00' 20 R=20.00' PO Box 126 T=111.70' T=156.38' T=5.04' L=129.34' L=181.08' L=9.87' Anna, Texas 75409 Telephone 972 924-8200 September 15, 2020 OWNER'S CERTIFICATE STATE OF TEXAS SURVEYOR'S CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Wylie Independent School District is the owner of a tract That the Wylie Independent School District, acting herein by and through That I, David J. Surdukan, do hereby certify that I prepared this plat of land situated in the Moses Sparks Survey, Abstract No. 849, City of its duly authorized officers, does hereby adopt this plat designating the from an actual and accurate survey of the land and that the corner Wylie, Collin County, Texas, and being all of Lot 1, Block A, Wylie Junior herein above described property as Wylie Junior High School Addition, monuments shown thereon as set were properly placed under my High School, and addition to the City of Wylie as recorded in Cabinet 0, Lot 1, Block A, an addition to the City of Wylie, Texas, and does hereby personal supervision in accordance with the Subdivision Ordinance of the Page 473, Plat Records of Collin County, Texas, and being more part— dedicate, in fee simple, to the public use forever, the streets, rights of City of Wylie. icularly described as follows: way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and BEGINNING at a 1/2" iron rod found for corner in the north line of Park public use areas, as shown, are dedicated for the public use forever, Boulevard (a 120' saidpoint beingthe southwest corner of the David J. Surdukan R.O.W.) for the purposes indicated on this plat. No buildings, fences, trees, aforementioned Lot 1, Block A, Wylie Junior High School Addition; shrubs or other improvements or growths shall be constructed or placed Registration No. 4613 upon, over or across the easements as shown, except that landscape THENCE N01 '21'44"E, leaving Park Boulevard, and with the east line of improvements may be placed in landscape easements, if approved by Birmingham Farms Phase 3A, an addition to the City of Wylie as recorded the City Council of the City of Wylie. In addition, utility easements in Cabinet N, Page 907, Plat Records of Collin County, Texas, and with may also be used for the mutual use and accommodation of all public the east line of Birmingham Farms Phase 3B, an addition to the City of utilities desiring to use or using the same unless the easement limits Wylie as recorded in Cabinet P, Page 381, Plat Records of Collin County, the use to particular utilities, said use by public utilities being subord— STATE OF TEXAS Texas, a distance of 922.53 feet to a 1/2" iron rod found for corner; inate to the public's and City of Wylie's use thereof. The City of Wylie COUNTY OF COLLIN THENCE S89'33'38"E, a distance of 680.71 feet to a 1/2" iron rod found and public utility entities shall have the right to remove and keep re— for corner; moved all or parts of any buildings, fences, trees, shrubs or other BEFORE ME, the undersigned authority, a Notary Public in and for the improvements or growths which may in any way endanger or interfere State of Texas, on this day personally appeared David J. Surdukan, known THENCE N00'24'51"E, a distance of 100.00 feet to a 1/2" iron rod found with the construction, maintenance, or efficiency of their respective to me to be the person whose name is subscribed to the foregoing for corner in the south line of Quail Creek Addition, an addition to the systems in said easements. The City of Wylie and public utility entities instrument, and acknowledged to me that he executed the same for City of Wylie as recorded in Cabinet B, Page 170, Plat Records of Collin shall at all times have the full right of ingress and egress to or from the purposes and considerations therein expressed and in the capacity County, Texas; their respective easements for the purpose of constructing, reconstructing, therein stated. inspecting, patrolling, maintaining, reading meters, and adding to or THENCE S89'35'09"E, with the south line of Quail Creek Addition, a removing all or parts of their respective systems without the necessity GIVEN under my hand and seal of office, this the day of distance of 991.14 feet to a 1/2" iron rod found for corner; at any time of procuring permission from anyone. 2020. THENCE S89"24'34"E, with the south line of Quail Creek Addition, a This plat approved subject to all platting ordinances, rules, regulations distance of 344.91 feet to a 1/2" iron rod found for corner; and resolutions of the City of Wylie, Texas. Notary Public in and for the State of Texas WITNESS my hand, this the day of , 2020. THENCE S02"53 57„W, a distance of 852.13 feet to a 1/2" iron rod found for corner in the aforementioned north line of Park Boulevard, said point being the beginning of a non—tangent curve to the left having a central angle of 08'23'48", a radius of 1060.00 feet, a tangent length of 77.81 Wylie Independent School District feet, and a chord bearing S65"01'49"W, 155.20 feet; Name: THENCE in a southwesterly direction along said curve to the left, and Title: APPROVAL BLOCK with the north line of Park Boulevard, an arc distance of 155.34 feet to a 1 /2" iron rod found for corner and the beginning of a reverse "RECOMMENDED OF APPROVAL" curve to the right having a central angle of 30"23'14", a radius of 940.00 feet, a tangent length of 133.07 feet, and a chord bearing STATE OF TEXAS S65"01'49"W, 155.20 feet; COUNTY OF COLLIN Chairman, Planning & Zoning Commission Date THENCE in a southwesterly direction along said curve to the right, and City of Wylie, Texas with the north line of Park Boulevard, an arc distance of 498.53 feet BEFORE ME, the undersigned authority, a Notary Public in and for the "APPROVED » to a 1/2" iron rod found for corner and the end of said curve; FOR CONSTRUCTION / State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing THENCE N88'46"52"W, with the north line of Park Boulevard, a distance instrument, and acknowledged to me that he executed the same for the of 1361.63 feet to the POINT OF BEGINNING and CONTAINING 1,955,377 purposes and considerations therein expressed and in the capacity Mayor, City of Wylie, Texas Date square feet, or 44.889 acres of land. therein stated. GIVEN under my hand and seal of office this the day of "ACCEPTED" BASIS OF BEARINGS: , 2020. The basis of bearings, horizontal and vertical position, are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nad 83, Mayor, City of Wylie, Texas Date (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 Notary Public in and for using (GEIOD03). the State of Texas "The undersigned, the City Secretary of the City of Wylie, Texas hereby certifies that the forgoing Amending Plat of Wylie Junior High School, an addition to the City of Wylie was submitted to the City Council on the day of , 2020, and the Council, by formal action then and there accepted the dedication of right—of—ways, streets, easements and alleys, as shown and set forth in and upon said Plat, and said Council further authorized the mayor to note the acceptance thereof by signing his name as hereinabove subscribed." Witness my hand this day of , A.D., 2020. City Secretary City of Wylie SHEET 2 O F 2 AMENDING PLAT WYLIE JUNIOR HIGH SCHOOL ADDITION LOT 1 , BLOCK A Being A Final Plat Of Lot 1 , Block A Wylie Junior High School Addition Recorded In Cabinet 0, Page 473 P.R.C.C.T. 44. 889 Acres Situated In The MERCER PHALEN SURVEY N ABSTRACT 695 WYLIE COLLIN COUNTY, TEXAS Owner Wylie Independent School District 951 South Ballard Avenue Wylie, Texas 75098 Telephone 972 429-3000 Engineer RLK Engineering, Inc. Texas Registration No. 579 NOTES: 111 West Main Street Allen, Texas 75013 Selling a portion of this addition by metes and bounds is Telephone 972 359-1733 a violation of City ordinance and State law, and is subject to fines and withholding of utilities and building permits. Surveyor According to Flood Insurance Rate Map No. 48085C0420J, Surdukan Surveying, Inc. dated June 2, 2009, prepared by the Federal Emergency PO Box 126 Management Agency (FEMA) for Collin County, Texas, this Anna, Texas 75409 property is within Zone X. Telephone 972 924-8200 September 15, 2020 fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 19,2020 Exhibits: 1 Subject Consider, and act upon,a preliminary plat for Stone 2514 Addition,to create one commercial lot on 1.275 acres, located at 7940 E. Parker Road. Recommendation Motion to approve a preliminary plat for Stone 2514 Addition,to create one commercial lot on 1.275 acres, located at 7940 E. Parker Road. Discussion OWNER: Stone Street Properties APPLICANT: Boundary Solutions The applicant has submitted a preliminary plat to create Lot 1,Block A of Stone 2514 Addition on 1.275 acres.The purpose is to create one lot for marketing and sale purposes. The property was rezoned from Agricultural District to Commercial Corridor District in September 2020. As the plat is for marketing and sale only,and the Subdivision Regulations allow for concurrent consideration of preliminary and final plats, a final plat for this property is also on this agenda for consideration. Once sold and a development is proposed,the site will require approval of an amended plat to establish various easements. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval, City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. Page 1 of 1 STATE OF TEXAS COUNTY OF COLLIN PROPERTY OWNER'S CERTIFICATE _ _ WHEREAS, Stone Street Properties, LP, is the Owner of a tract of land situated in the L.M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County, — — — — — — —�- — — — Texas, and being part of that called 1.00 acres of land described in a deed to Stone Street Properties as recorded in Volume 5888, Page 3339 of the Land Records of Collin County, Texas, and being all of that called 0.38 acres of land described in deed to Stone Street Properties as recorded under CC# — — — —� 20070213000201550 of the Official Public Records of Collin County, Texas, and being further described as follows: `� - _ BEGINNING at a 5/8 inch steel rod set on the South line of Parker Road (F.M. Highway No. 2514), on the West line of said 1.00 acres, on the East line of that called 0.908 acres of land described in deed to Kurt Allen Strange as recorded in Volume 5093, Page 2104 of the Land Records of Collin County, Texas, and at the Southwest corner of that called 0.0845 acres of land described under CC# 20160126000091170 of the Official Public Records of Collin _ �� County, Texas;�� �� 55i _ _ _ _ — THENCE along the South line of Parker Road and the South line of said 0.0845 acres as follows: • _ _ — �- Parker Road (F.M. 2514) �� North 89 degrees 12 minutes 50 seconds East, 4.94 feet to a 5/8 inch steel rod set; CALLED 0.0317 ACRES CALLED 0.0845 ACRES / — South 87 degrees 23 minutes 00 seconds East, 210.94 feet to a 5/8 inch steel rod set on the East line of said 1.00 acres, and on the West line of STATE OF TEXAS STATE OF TEXAS that called 2.0758 acres of land described in deed to Ma De Los Angeles Ferrel Vera and Jose Manuel Arevalo Espinoza as recorded under CC# CC# 20150928001227590� / CC# 20,1601 26000091 — — — / — 20190405000360510 of the Official Public Records of Collin County, Texas, and at the Southeast corner of said 0.0845 acres; N 89°12 50 — — — — — — . S 87°23'00" E 210.94' I ) CALLED 0.1857 ACRES / THENCE South 16 degrees 23 minutes 01 seconds West, 121. 17 feet to a 1/2 inch steel rod found at the North corner of said 0.38 acres, and at an y494' 8'SRS Water STATE OF TEXAS 5/8"sRS/�� _ CMeter _ CC# 20150928001225990 angle point of said 2.0758 acres; Overhead Electric ''PP — / POINT OF 5/8"SRS — — THENCE South 22 degrees 31 minutes 21 seconds East, 64.54 feet to a 1/2 inch steel rod found at a common angle point of said 0.38 acres and said BEGINNING / — 2.0758 acres; 1 THENCE South 03 degrees 23 minutes 38 seconds West, 102.93 feet to a 3/4 inch steel rod found at the Southeast corner of said 0.38 acres, at the jP I ^ / l Southwest corner of said 2.0758 acres, and on the North line of Lot 5, Block C of Kingsbridge as recorded in Volume 2015, Page 126 of the Plat / / Records of Collin County, Texas; ) THENCE North 89 degrees 28 minutes 03 seconds West, 194.32 feet to a 5/8 inch steel rod set at the Southwest corner of said 0.38 acres, at the • Southeast corner of said 0.908 acres, and at an angle point on the North line of Lot 3; \ I O/ / I THENCE North 01 degrees 09 minutes 34 seconds West (Directional Control Line), 286.43 feet along the West line of said 0.38 acres and said 1.00 acres J ") to the POINT OF BEGINNING, containing 1.275 acres of land. LOT 1 , BLOCK A co NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 01 .275 ACRES \ 1 LOT 1 d 55,560 SQ.FT. / (1) �/ CALLED 2.0758 ACRES \ That Stone Street Properties, LP, acting herein by and through his duly authorized officers, do hereby adopt this plat designating the herein above BLOCK C CD described property as Final Plat of Stone 2514 Addition, Lot 1, Block A, an Addition to the City of Wylie, Collin County, Texas, and does hereby dedicate, CO �` MA. DE LOS ANGELES FERREL VERA KINGSBRIDGE I N in fee simple, to the public use forever, the streets, rights—of—way, and other public improvements shown thereon. The streets and alleys, if any, are VOL. 2015, PG. 126 (,1/2"sRF JOSE MANUEL AREVALO ESPINOZA ) / CC# 20190405000360510 dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on J this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, ,f N / / / utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement \ ---'\ Q / limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. o / ii o / �-_ / / The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said oZ 5�� / easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their 1/2"sRF / respective systems without the necessity at any time procuring permission from anyone. This plat approved subject to all platting ordinances, rules, ii / regulations and resolutions of the City of Wylie, Texas. CALLED 0.908 ACRES �N ( � \ / KURT ALLEN STRANGE 7 J Conc. I3 h WITNESS, my hand, this the day of 2020. VOL. 5093, PG. 2104 ( :I \ I / BY: / Building rY I Authorized Representative / N I Stone Street Properties, LP I \ ,,,) 2 I / - - 5/8"SRS 3/4"SRF — / — i Printed Name and Title N 89°28'03" W 194.32' ' 1/2"SRF\ / \ ) / STATE OF TEXAS 1 I \ �/ COUNTY OF COLLIN LOT 3 i BLOCK C / 1 LOT 5 h/ I BEFORE me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared KINGSBRIDGE I 7 , known to me to be the person whose name is subscribed to the foregoing instrument and VOL. 2015, PG. 126 / I BLOCK C acknowledged to me that he executed the same for the purpose and considerations therein expressed. / LOT 4 I KINGSBRIDGE / / LOT 2 BLOCK C VOL. 2015, PG. 126 BLOCK C C------- / KINGSBRIDGE / I' / I GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2020. KINGSBRIDGE VOL. 2015, PG. 126 VOL. 2015, PG. 126 / I / l cj I \ / I 7 ) Notary Public in and for Collin County, Texas SRS = STEEL ROD SET / \ __________2 I ( / / SRF = STEEL ROD FOUND / 0 DENOTES 5/8" STEEL ROD SET UNLESS OTHERWISE NOTED. ( / I My Commission Expires On: / Note: Bearings based on Texas Plane Coordinate \72"sRF — — 1/2"sRF — — 1/2"sRF System, Texas North Central Zone 4202, NAD83. SURVEYOR'S CERTIFICATE Note: All 5/8 inch steel rods set have red plastic Note: Contours shown hereon scaled from Collin KNOW ALL MEN BY THESE PRESENTS: cap stamped "Boundary Solutions" County Interactive Map. I THAT, I, Matthew Busby do hereby certify that I have prepared this plat from an actual and accurate survey of the land and NOTICE: that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the Platting Rules and Regulations of the City of Wylie. Selling a portion of this addition by PRELIMINARY & FOR REVIEW ONLY. metes and bounds is a violation of City FLOOD NOTE: THIS DOCUMENT SHALL NOT BE Ordinance and State Law and is subject RECORDED FOR ANY PURPOSE. Subject tract located in Zone 'X' as scaled from to fines and withholdings of utilities F.I.R.M. 48085C0415J, dated June 2, 2009 Matthew Busby R.P.L.S. 5751 and building permits. Zone 'X' — "Areas determined to be outside the STATE OF TEXAS 1 "Recommended for Approval" 0.2% annual chance floodplain. " id COUNTY OF COLLIN BEFORE me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Matthew Busby, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Chairman, Planning & Zoning Commission Date City of Wylie, Texas VICINITY MAP GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2020. "Approved for Construction" (Not tO Scale) 3/ Mayor, City of Wylie, Texas Date Notary Public in and for Collin County, Texas F.M. 2514 SCALE: 1 "-40' "Accepted" �� Brlanna 1 My Commission Expires On: SUBJECT Y� o Dalton M 0' 40' 80' 120' 160' PRELIMINARY PLAT W tO Mayor, City of Wylie, Texas Date I o Iree o I\ n ro The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the STONE 2514 ADDITION foregoing final plat of the Final Plat of Stone 2514 Addition, Lot 1, Block A, an Addition to P.R. 5235 `` the City of Wylie, Collin County, Texas was submitted to the City Council on the ___ day of 2020, and the Council, by formal action, then and there accepted the Whitcomb LOT 1 BLOCK A dedication of streets, alley, parks, easement, public places, and water and sewer lines as 7 shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as herein above subscribed. TOTAL ACREAGE = 1 .275 ACRES Witness my hand this ___ day of A.D., 2020. Windomere L. M . MARSHALL SURVEY, A-594 SURVEYOR: OWNER: City SecretaryliM City of Wylie, Texas Boundary Solutions Stone Street Properties, LP CITY F WYLIE BND.SOL. Job# 2008-022 1 16 McKinney St. PO Box 92341 Date Prepared: September 8, 2020 Farmersville, TX Southlake, TX 76092 COLLIN COUNTY, TEXAS 214-499 -8472 fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 19,2020 Exhibits: 1 Subject Consider,and act upon,a final plat for Stone 2514 Addition,to establish one commercial lot on 1.275 acres,located at 7940 E. Parker Road. Recommendation Motion to approve a final plat for Stone 2514 Addition, to establish one commercial lot on 1.275 acres, located at 7940 E. Parker Road. Discussion OWNER: Stone Street Properties APPLICANT: Boundary Solutions The applicant has submitted a final plat to create Lot 1, Block A of Stone 2514 Addition on 1.275 acres. The purpose is to create one lot for marketing and sale purposes.The property was rezoned from Agricultural District to Commercial Corridor District in September 2020. As the plat is for marketing and sale only,and the Subdivision Regulations allow for concurrent consideration of preliminary and final plats, a preliminary plat for this property is also on this agenda for consideration. Once sold and a development is proposed,the site will require approval of an amended plat to establish various easements. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval,City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. Page 1 of 1 PROPERTY OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF COLLIN WHEREAS, Stone Street Properties, LP, is the Owner of a tract of land situated in the L.M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County, _ _ — — — Texas, and being part of that called 1.00 acres of land described in a deed to Stone Street Properties as recorded in Volume 5888, Page 3339 of the Land Records of Collin County, Texas, and being all of that called 0.38 acres of land described in deed to Stone Street Properties as recorded under CC# 20070213000201550 of the Official Public Records of Collin County, Texas, and being further described as follows: BEGINNING at a 5/8 inch steel rod set on the South line of Parker Road (F.M. Highway No. 2514), on the West line of said 1.00 acres, on the East line of that called 0.908 acres of land described in deed to Kurt Allen Strange as recorded in Volume 5093, Page 2104 of the Land Records of Collin County, Texas, and at the Southwest corner of that called 0.0845 acres of land described under CC# 20160126000091170 of the Official Public Records of Collin Parker Road County, Texas; (F.M. 2514) THENCE along the South line of Parker Road and the South line of said 0.0845 acres as follows: North 89 degrees 12 minutes 50 seconds East, 4.94 feet to a 5/8 inch steel rod set; CALLED 0.0317 ACRES CALLED 0.0845 ACRES South 87 degrees 23 minutes 00 seconds East, 210.94 feet to a 5/8 inch steel rod set on the East line of said 1.00 acres, and on the West line of STATE OF TEXAS STATE OF TEXAS that called 2.0758 acres of land described in deed to Ma De Los Angeles Ferrel Vera and Jose Manuel Arevalo Espinoza as recorded under CC# CC# 20150928001227590 CC# 20160126000091170 20190405000360510 of the Official Public Records of Collin County, Texas, and at the Southeast corner of said 0.0845 acres; — N 89°12 50 E — — — — — — 4.94 CALLED 0. 1857 ACRES THENCE South 16 degrees 23 minutes 01 seconds West, 121. 17 feet to a 1/2 inch steel rod found at the North corner of said 0.38 acres, and at an S 87°23'00" E 210.94' STATE OF TEXAS angle point of said 2.0758 acres; — — — — 5/8"SRS 5/8"SRS CC# 20150928001225990 POINT OF 5/8"SRS — THENCE South 22 degrees 31 minutes 21 seconds East, 64.54 feet to a 1/2 inch steel rod found at a common angle point of said 0.38 acres and said BEGINNING — — 2.0758 acres; I THENCE South 03 degrees 23 minutes 38 seconds West, 102.93 feet to a 3/4 inch steel rod found at the Southeast corner of said 0.38 acres, at the Southwest corner of said 2.0758 acres, and on the North line of Lot 5, Block C of Kingsbridge as recorded in Volume 2015, Page 126 of the Plat Records of Collin County, Texas; N THENCE North 89 degrees 28 minutes 03 seconds West, 194.32 feet to a 5/8 inch steel rod set at the Southwest corner of said 0.38 acres, at the Southeast corner of said 0.908 acres, and at an angle point on the North line of Lot 3; \ I ; O THENCE North 01 degrees 09 minutes 34 seconds West (Directional Control Line), 286.43 feet along the West line of said 0.38 acres and said 1.00 acres to the POINT OF BEGINNING, containing 1.275 acres of land. oN NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: \ LOT 1 d- u) That Stone Street Properties, LP, acting herein by and through his duly authorized officers, do hereby adopt this plat designating the herein above BLOCK C described property as Final Plat of Stone 2514 Addition, Lot 1, Block A, an Addition to the City of Wylie, Collin County, Texas, and does hereby dedicate, KINGSBRIDGE N LOT 1 , BLOCK A in fee simple, to the public use forever, the streets, rights—of—way, and other public improvements shown thereon. The streets and alleys, if any, are VOL. 2015, PG. 126 1/2"SRF dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on 1 .275 ACRES CALLED 2.0758 ACRES this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as CALLED 0.908 ACRES J 55,560 SQ.FT. MA. DE LOS ANGELES FERREL VERA shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, KURT ALLEN STRANGE CP �' utilityeasements mayalso be used for the mutual use and accommodation of allpublic utilities desiringto use or usingthe same unless the easement rr) o,�? DOSE MANUEL AREVALO ESPINOZA \ VOL. 5093, PG. 2104 limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. o CC# 201 9040500036051 0 I o o �•• The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said Z easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements 0 1 for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their 1/2"SRF respective systems without the necessity at any time procuring permission from anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. I rn \ WITNESS, my hand, this the day of , 2020. \ .: BY: oo I `•`� Authorized Representative \ N Stone Street Properties, LP rn 0 5/8"sRSO 3/4'SRF Printed Name and Title N 89°28'03" W 194.32' �I/2"SRF STATE OF TEXAS COUNTY OF COLLIN BEFORE me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. LOT 2 LOT 3 LOT 4 LOT 5 BLOCK C BLOCK C BLOCK C BLOCK C KINGSBRIDGE KINGSBRIDGE KINGSBRIDGE KINGSBRIDGE GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2020. VOL. 2015, PG. 126 VOL. 2015, PG. 126 VOL. 2015, PG. 126 VOL. 2015, PG. 126 Notary Public in and for Collin County, Texas SRS = STEEL ROD SET SRF = STEEL ROD FOUND My Commission Expires On: O DENOTES 5/8" STEEL ROD SET UNLESS OTHERWISE NOTED. I Note: Bearings based on Texas Plane Coordinate l/2"sRF l/2"sRF 1/2"SRF System, Texas North Central Zone 4202, NAD83. SURVEYOR'S CERTIFICATE Note: All 5/8 inch steel rods set have red plastic KNOW ALL MEN BY THESE PRESENTS: cap stamped "Boundary Solutions" I THAT, I, Matthew Busby do hereby certify that I have prepared this plat from an actual and accurate survey of the land and NOTICE: that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the Platting Rules and Regulations of the City of Wylie. Selling a portion of this addition by PRELIMINARY & FOR REVIEW ONLY. metes and bounds is a violation of City FLOOD NOTE: THIS DOCUMENT SHALL NOT BE Ordinance and State Law and is subject RECORDED FOR ANY PURPOSE. Subject tract located in Zone 'X' as scaled from to fines and withholdings of utilities F.I.R.M. 48085C0415J, dated June 2, 2009 Matthew Busby R.P.L.S. 5751 and building permits. Zone 'X' — "Areas determined to be outside the STATE OF TEXAS "Recommended for Approval" 0.2% annual chance floodplain. hi_l" COUNTY OF COLLIN BEFORE me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Matthew Busby, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Chairman, Planning & Zoning Commission Date City of Wylie, Texas VICINITY MAP GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2020. "Approved for Construction" (Not to Scale) IF Mayor, City of Wylie, Texas Date Notary Public in and for Collin County, Texas F.M. 2514 SCALE: 1 =40' "Accepted" c Brionno My Commission Expires On: SUBJECT 1.0. :� 2 Y o Dolton .4. 0' 40' 80' 120' 160' FINAL PLAT W i ,n io Mayor, City of Wylie, Texas Date / ' i o Irene fa: a COn M_ The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the STONE 2514 ADD I T I O N foregoing final plat of the Final Plat of Stone 2514 Addition, Lot 1, Block A, an Addition to P.R. 5235 `` the City of Wylie, Collin County, Texas was submitted to the City Council on the ___ day of ~ - J LOT 1 BLoCK A 2020, and the Council, by formal action, then and there accepted the Whitcomb dedication of streets, alley, parks, easement, public places, and water and sewer lines as 1 shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as herein above subscribed. TOTAL ACREAGE = 1 . 275 ACRES Witness my hand this ___ day of A.D., 2020. Windomere City Secretary L. M . MARSHALL SURVEY, A-594 SURVEYOR: OWNER: City of Wylie, Texas 7KBoundary Solutions Stone Street Properties, LP CITY OF WYLIE BND.SOL. Job# 2008-022 1 1 6 McKinney St. PO Box 92341 Date Prepared: September 8, 2020 Farmersville, TX Southlake, TX 76092 COLLIN COUNTY1 TEXAS 214-499 -8472 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 19,2020 Exhibits: 1 Subject Consider,and act upon, a preliminary plat for R.V. Groves Elementary School Addition,to create one lot on 10.343 acres, located at 1100 McCreary Road. Recommendation Motion to approve a preliminary plat for R.V.Groves Elementary School Addition,to create one lot on 10.343 acres,located at 1100 McCreary Road. Discussion OWNER: Wylie Independent School District APPLICANT: RLK Engineering The plat will create one lot on 10.343 for R.V. Groves Elementary School including utility and fire lane easements. Wylie ISD is renovating Groves Elementary School in addition to adding or adjusting easements on the property. A site plan reflecting these renovations was approved by the P&Z Commission on October 6,2020. The property was not platted when Groves Elementary was originally constructed in 2002. As a preliminary and final plat are required,but given the completed nature of the site,the final plat is also on this agenda for consideration,as allowed by the Subdivision Regulations. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval, City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. Page 1 of 1 12 11 Called 115.155 Acres Yes Companies Key, LLC I CC No. 20160817001080500 0.P.R.C.C.T. 50' 55' - 14 di 1/2" Capped Iron Set N=7,061,655.29 CIRS CIRS N89'24'00"E 638.95' E=2,552,948.22 0 50 100 0 ° 588.92' S88`41'09"E 139.19' -�____ \ GRAPHIC SCALE 6 26' Fire Lane Easement \ 1 "=50' o G�J �-- \ tn _ 50' 50' / S88`41'O9"E 139.19' -$� c Ln c ^ <v \ \ 1 11 12 13 14 / / S88"41'09"E - _ � 318.68' 15' Water Easement rV �co '/ ^ (-- � 15' Water Easement \ Cry. i �� Betsey Ln. /259.46/ 7 -- -\ \ 8 N11"25'42"E McMillen Dr. r 38.01' \ \ \ \ 35.94' Cry. a)I I a) \ \ �- coI Ico \ / ° c / �13 ail I \ \\S / - co �� \ �_ "�I I S� Crv. 6V\ S -1U\ +� S88`41'09"E \ 92.89' / \ \ �. 9 A ° p 28.92' / 137.24�- J- �� \ S \9. C �° \SIN`�x,. Everglade Lanei5 6: /////- \ • 7 T ,_ If / 26' Fire Lane Easement Cr\i• 12 \ o�a�`\ OO`.S,2„ a ce T ,� 5 e \ Fire Lane \ a ca ���� - - Crv. /9\ os \SD Crv. Easement a G� S88`41'O9"E 177.38' 11 \ \ 10 F, \ "7 0, �o \ Sz- / /i`>O- pm - / 14 \fit` `\ \4)0 // x 28.92 �- \\ �\\ �1‹1\/• / //,`\ ,\\ FM 544 N i \\.\\\ // ,,.,// /�\\S S \\ 7 /4N1• K9�`\ F \Rs, ��'9F` "ICI \\e, \\ 9 8 VICINITY MAP O w (Existing , ONTS o 0, // // COCOi 10 IX , School ��1i/Co // 00 00 aci CD 1'i _\tx /\ i /�\ E Curve Data Chart ro -Y -0 1\ / / a) a) 0 w / / Inner Outer Inner Outer o 0 > O \ \�S A=69'53'29" A=69'53'29" A=57'17'20" L /y = cU S43°41'59"E-�\ \•S I R=30.00' R=56.00' g R=30.00' in U LL +, \ \ 1 T=20.96' T=39.13' T=16.39' D • 28.60' oc /> /> L=36.60' L=68.31' L=30.00' '6 Li ai z O I . O p N ro����%// /// 2 10 A=24'54'20" A=24'54'20" A=87'50'22" T=13.25' ._ a� ^ o �� ��/ /�e�h L=26.08' L=387.38' L=30.66' R=60.00 R=86.00 R=20.00 .99' T=19.26' d- L / / U w Q m N v CC Lj / / 7 A=31'02'12" A=31'02'12" A=72'38'41" / / 6 3 R=60.00' R=86.00' 11 R=30.00' T=16.66' T=23.88' T=22.06' o N S88'41'09"E 185.19' S L=32.50' L=46.59' L=38.04' N X I L c • w \ `\ `\ �S, 3 _ U 26' Fire Lane Easement \ \\ \\•/ 6\ A=76'03'02" A=76'03'02" A=36'28'54" A=27'39'31" 4 R=30.00' R=56.00' R=60.00' R=86.00' W Crt ,S` \9 9� T=23.46' T=43.79' 12 T=19.77' T=21.17' S88`41'09"E 185.19' -�� - S \ \ r. a) co L=39.82' L=74.33' L=38.20' L=41.52' O / \S• \ \ • CO o O > J Z / \ 1 Q O N A=64'32'30" A=33'38'43" A=115'27'30" O ;" / / 0 R=100.00' R=126.00' R=20.00' N bD / /, _y C O• Q 5 T=63.15' T=38.10' 13 T=31.67' O rn �0j/ /�� 0 o a)o L=112.65' L=73.99' L=40.30' Z Lot Block A c05\ // //��� (Existing m O A=64'32'30" A=64'32'30" A=33'38'43" • �\ / / r1 G School2 a) 0 a) 6 R=40.00' R=66.00' 14 R=50.00' 450,549 Sq. Ft. Gross c05 cWp; / / ° U -0 T=25.26' T=41.68' T=15.12' / in Fa i rd a l e L=45.06' L=74.35' L=29.36' 10.343 Acres Gross ( \,�, �\ \ - A=113'22'37" A=100'06'51" 416,037 Sq. Ft. Net `�S 15' �\ o Court R=30.00' R=56.00' T=45.65' T=66.87' (-\ 9.551 Acres Net Cry. 2 S L=59.36' L=97.85' N U �i, **** d C A=30'08'30" z'j, R=100.00' i:5 (7_ \ \:so�,S9 u) L 8 T=26.93' S\ \ L=52.61' H - �S= o0 0) SO 577., ,5\ \ N �, a) N a) NI Cr! S_, a) N \ 3 \44 E- "or- L° "5 N �J is 26' Flr �26•47' -L L SHEET 1 O F 2 L edone �` 6' _ A=15 20 26 R=105 25'6" R=105.25' 5j4.44\ \Sen'ent �n n PRELIMINARY PLAT T=14.17' T=14.17 - �, . 126•- _ °° �� • \ o 50' 50' L=28.18' L=28.18 z - - A=14'04'S2" Cl) R • V• C6=S81'00'S6"w CB=S81 00 56 W z R=462.60' 33.72' CROVE S 28.10' 28.10' _ / T-57.13 N L=113.69 C6=N81'38'43"w CIRS 1 ELEMENTARY SCHOOL 113.40' 118' _...../ e N CIRS co co , N LOT 1 , BLOCK A CIRS - e �O N M N88'41'09"W 168.00' CIRS = _ 59.64' L 19'J • CIRS - 36.22' I c in^ 1/2" Capped y o CIRS10 N88'41'o9"W 285.00' CIRs Iron Set 10. 343 Acres Situated In The (� N=7,060,923.72 �/E=2,552,914.08 r0 Riverway Lane MOSES SPARKS SURVEY N ABSTRACT 849 -_� O WYLI E, COLLIN COUNTY, TEXAS Owner Wylie Independent School District Lot 1, Block C O 951 South Ballard Avenue co Wylie, Texas 75098 Maxwell Creek North Phase 8A `- Cab. 2006, Pg. 75 r 0 _> Telephone 972 429-3000 P.R.C.C.T. 0 9• I a IgOICril� CA Engineer p _ RLK Engineering, Inc. d ! J 1�3� o�]�]on Texas Registration No. 579 NOTES: Q Block C0 111 West Main Street Sage Creek Phase I C 0 Allen, Texas 75013 Selling a portion of this addition by metes and bounds is I Cab. L, Pg. 597 N Telephone 972 359-1733 a violation of City ordinance and State law, and is subject P.R.C.C.T. (' to fines and withholding of utilities and building permits. Surveyor According to Flood Insurance Rate Map No. 48085C0415J, Surdukan Surveying, Inc. dated June 2, 2009, prepared by the Federal Emergency PO Box 126 Management Agency (FEMA) for Collin County, Texas, this Anna, Texas 75409 property is within Zone X. Telephone 972 924-8200 September 11 , 2020 OWNER'S CERTIFICATE STATE OF TEXAS SURVEYOR'S CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Wylie Independent School District is the owner of a tract That the Wylie Independent School District, acting herein by and through That I, David J. Surdukan, do hereby certify that I prepared this plat of land situated in the Moses Sparks Survey, Abstract No. 849, City of its duly authorized officers, does hereby adopt this plat designating the from an actual and accurate survey of the land and that the corner Wylie, Collin County, Texas, and being all of a 10.343 acre tract of land herein above described property as a Final Plat of R.V. Groves Elementary monuments shown thereon as set were properly placed under my conveyed to the Wylie I.S.D. as recorded in Volume 4853, Page 254, of School, Lot 1, Block A, an addition to the City of Wylie, Texas, and personal supervision in accordance with the Subdivision Ordinance of the the Official Public Records of Collin County, Texas, and being more part— and does hereby dedicate, in fee simple, to the public use forever, the City of Wylie. icularly described as follows: streets, rights of way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The BEGINNING at a capped 1/2" iron rod stamped "4613" set for corner at easements and public use areas, as shown, are dedicated for the public David J. Surdukan the southwest corner of Sage Creek Phase II, an addition to the City of use forever, for the purposes indicated on this plat. No buildings, fences, Wylie, and recorded in the plat thereof found in Cabinet L, Page 706 of trees, shrubs or other improvements or growths shall be constructed or Registration No. 4613 the Plat Records of Collin County, Texas, said iron rod being in the north placed upon, over or across the easements as shown, except that land— Right—of—Way line of Riverway Lane, (a 65' R.O.W.) said iron rod being scape improvements may be placed in landscape easements, if approved at the beginning of a non—tangent curve to the left; by the City Council of the City of Wylie. In addition, utility easements may also be used for the mutual use and accommodation of all public THENCE with the north R.O.W. line of Riverway Lane and along said non— utilities desiring to use or using the same unless the easement limits tangent curve to the left with a central angle of 14'04'52", having a the use to particular utilities, said use by public utilities being subord— STATE OF TEXAS radius Hof �462.60', an arc length of 113.69', and having a chord bearing inate to the public's and City of Wylie's use thereof. The City of Wylie COUNTY OF COLLIN N81"38 43W with a chord length of 113.40' to a capped 1 /2" iron rod and public utility entities shall have the right to remove and keep re— stamped "4613" set for corner; moved all or parts of any buildings, fences, trees, shrubs or other BEFORE ME, the undersigned authority, a Notary Public in and for the „ improvements or growths which may in any way endanger or interfere State of Texas, on this day personally appeared David J. Surdukan, known THENCE N88"41 09 W continuing with the north R.O.W. line of Riverway with the construction, maintenance, or efficiency of their respective to me to be the person whose name is subscribed to the foregoing Lane a distance of 285.00' to a capped 1/2" iron rod stamped "4613" systems in said easements. The City of Wylie and public utility entities instrument, and acknowledged to me that he executed the same for set for corner at the beginning of a curve to the right; shall at all times have the full right of ingress and egress to or from the purposes and considerations therein expressed and in the capacity their respective easements for the purpose of constructing, reconstructing, therein stated. THENCE with the north R.O.W. line of Riverway Lane and along said inspecting, patrolling, maintaining, reading meters, and adding to or curve to the right with a central angle of 15'20'26", having a radius of removing all or parts of their respective systems without the necessity GIVEN under my hand and seal of office, this the day of 105.25', an arc length of 28.18', and having a chord bearing N81"00'56"W, at any time of procuring permission from anyone. with a chord length of 28.10' to a capped 1/2" iron rod stamped "4613" , 2020. set for corner at the beginning of a curve to the left; This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. Notary Public in and for THENCE with the north R.O.W. line of Riverway Lane and along said the State of Texas curve to the left with a central angle of 15'20'26", having a radius of WITNESS my hand, this the day of 2020. 105.25', an arc length of 28.18', and having a chord bearing N81.00'56"W, with a chord length of 28.10' to a capped 1/2" iron rod stamped "4613" set for corner; Wylie Independent School District Name: THENCE N88"41'09"W continuing with the north R.O.W. line of Riverway Title: APPROVAL BLOCK Lane a distance of 168.00' to a capped 1/2" iron rod stamped "4613" set for corner in the west line of a 50' Permanent Roadway and Utility "RECOMMENDED OF APPROVAL" Easement as recorded in Volume 2245, Page 29 of the Land Records of Collin County, Texas; STATE OF TEXAS THENCE N01"18'51"E along the west line of the 50' Permanent Roadway Chairman, Planning & Zoning Commission Date and Utility Easement a distance of 689.41' to a capped 1/2" iron rod COUNTY OF COLLIN City of Wylie, Texas stamped "4613" set for corne; in the south line of a 115.155 acre tract of land as conveyed to Yes Companies Key, LLC in County Clerk No. BEFORE ME, the undersigned authority, a Notary Public in and for the "APPROVED FOR CONSTRUCTION" 20160817001080500 of the Official Public Records of Collin County, Texas; State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing THENCE N89'24'00"E a distance of 638.95' to a capped 1/2" iron rod instrument, and acknowledged to me that he executed the same for the stamped "4613" set for the northeast corner in the south line of a purposes and considerations therein expressed and in the capacity Mayor, City of Wylie, Texas Date 115.155 acre tract of land as conveyed to Yes Companies Key, LLC in therein stated. County Clerk No. 20160817001080500 of the Official Public Records of Collin County, Texas and said iron rod also being the northwest corner GIVEN under my hand and seal of office this the day of "ACCEPTED" of Sage Creek Phase II Addition; , 2020. THENCE S01 '18'S1 "W with the common line of the called 10.343 acre tract of land and the Sage Creek Phase II addition a distance of 662.98' Mayor, City of Wylie, Texas Date to a capped 1/2" iron rod stamped "4613" set for corner; Notary Public in and for the State of Texas THENCE S15'23'54"W with the common line of the called 10.343 acre "The undersigned, the City Secretary of the City of Wylie, Texas hereby tract of land and the Sage Creek Phase II addition a distance of 71.32' certifies that the forgoing Final Plat of R.V. Groves Elementary School, to the POINT OF BEGINNING and containing 450,549 square feet or an addition to the City of Wylie was submitted to the City Council on 10.343 acres of land. the day of , 2020, and the Council, by formal action then and there accepted the dedication of right—of—ways, streets, easements and alleys, as shown and set forth in and upon said Plat, and said Council further authorized the mayor to note the acceptance BASIS OF BEARINGS: thereof by signing his name as hereinabove subscribed." The basis of bearings, horizontal and vertical position, are derived from Witness my hand this day of , A.D., 2020. Texas WDS RTK Network, Texas State Plane Coordinates System, Nad 83, (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). City Secretary City of Wylie SHEET 2 O F 2 PRELIMINARY PLAT R . V. GROVES ELEMENTARY SCHOOL LOT 1 , BLOCK A 10. 343 Acres Situated In The MOSES SPARKS SURVEY N ABSTRACT 849 WYLI E, COLLIN COUNTY, TEXAS Owner Wylie Independent School District 951 South Ballard Avenue Wylie, Texas 75098 Telephone 972 429-3000 Engineer RLK Engineering, Inc. Texas Registration No. 579 NOTES: 111 West Main Street Allen, Texas 75013 Selling a portion of this addition by metes and bounds is Telephone 972 359-1733 a violation of City ordinance and State law, and is subject to fines and withholding of utilities and building permits. Surveyor According to Flood Insurance Rate Map No. 48085C0415J, Surdukan Surveying, Inc. dated June 2, 2009, prepared by the Federal Emergency PO Box 126 Management Agency (FEMA) for Collin County, Texas, this Anna, Texas 75409 property is within Zone X. Telephone 972 924-8200 September 11 , 2020 fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 19,2020 Exhibits: 1 Subject Consider, and act upon, a final plat for R.V. Groves Elementary School Addition, to establish one lot on 10.343 acres, located at 1100 McCreary Road. Recommendation Motion to approve a final plat for R.V. Groves Elementary School Addition,to establish one lot on 10.343 acres,located at 1100 McCreary Road. Discussion OWNER: Wylie Independent School District APPLICANT: RLK Engineering The plat will establish one lot on 10.343 for R.V. Groves Elementary School including utility and fire lane easements. Wylie ISD is renovating Groves Elementary School in addition to adding or adjusting easements on the property. A site plan reflecting these renovations was approved by the P&Z Commission on October 6,2020. The property was not platted when Groves Elementary was originally constructed in 2002. As a preliminary and final plat are required, but given the completed nature of the site, the preliminary plat is also on this agenda for consideration, as allowed by the Subdivision Regulations. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval,City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. Page 1 of 1 12 11 Called 115.155 Acres Yes Companies Key, LLC I CC No. 20160817001080500 0.P.R.C.C.T. 50' 55' - 14 4 1/2" Capped Iron Set N=7,061,655.29 CIRS CIRS N89'24'00"E 638.95' E=2,552,948.22 0 50 100 0 ° 588.92' S88`41'09"E 139.19' -e___ \ GRAPHIC SCALE 6 26' Fire Lane Easement \ 1 "=50' o G<J �-- \ tn _ 50' 50' S88`41'O9"E 139.19' -$� c cri c ^ <v \ \ 1 11 12 13 14 / / S88"41'09"E - _ � 318.68' 15' Water Easement rV �co '/ ^ (-- � 15' Water Easement \ Cry. i --____ Betsey Ln. /259.46' -- -, \ 8 \ N11"25'42"E McMillen Dr. -I r 38.01' \ \ i/ \ 35.94' Cry. 01 I \ \ /- co I 1 (0 \ ° / c / �13 ail I \ \\S - c0 �� \ �_ "�I I S� Crv. oV\ S -1U\ +� S88`41'09"E \ 92.89' .......„X/ ` \ �- 9 A ° p 28.92' 7 137.24� J- \ S s9.. C �° \SIN`�x,. Everglade Lane 13 /////- \ • 7 T L If / 26' Fire Lane Easement Cr\i• 12 \ o�a�`\ OO`.S,2„ a ce T ,� 5 e \ Fire Lane \ a ca ���� - - Crv. �9\ os \SD Crv. Easement ° G� S88`41'O9"E 177.38' 11 \ \ 10 F, Crv. S \ / \ Sz- / "70, pm - / 14 S \\7 \ \`b1'` // �� 28.92 �- \\ �\\ �D‹/O/• / //,\\ ,\\ FM 544 //, \ LS- \ LS'v N in \ / /.\bo0 ��� \ \\ •6' Rs,\\ \\ --_ --) \�'� `\ 00 VICINITY MAP vLot 1 , Block A \, \ . 9 8 NTS 0 450,549 Sq. Ft. Gross °\�' // / co / 10 CC of o 10.343 Acres Gross ���'�•�/ // co CCD E 416,037 Sq. Ft. Net `,�/o/ / �\ Curve Data Chart �' w -- 9.551 Acres Net // // Inner Outer Inner Outer a) Cl) < < 0 a) 0 >, O \ \DS A=69'53'29" A=69'53'29" A=57'17'2 0" L = U S43°41'59"E-.\ \•6' I R=30.00' R=56.00' g R=30.00' Ly ' \ \ T=20.96' T=39.13' T=16.39' +,in U 28.60 > > L=36.60' L=68.31' L=30.00' / / LO Li ai O -I-+ O > N ro����%// /// 2 10 A=24'54'20" A=24'54'20" A=87'50'22" z T=13.25' ._ rn Y ^ o �� �// /�e�h L=26.08' L=387.38' L=30.66' R=60.00 R=86.00 R=20.00 .99' T=19.26' d- L / / U �° Q m N v CC Lj / / 7 A=31'02'12" A=31'02'12" A=72'38'41" / / 6 3 R=60.00' R=86.00' 11 R=30.00' T=16.66' T=23.88' T=22.06' o E' N N S88'41'09"E 185.19' S L=32.50' L=46.59' L=38.04' -8 o I L c • w \ \ `\ �S, 3 _ U 26' Fire Lane Easement \ \\ \OIN\•7 6\ A=76'03'02" A=76'03'02" A=36'28'54" A=27'39'31" 4 R=30.00' R=56.00' R=60.00' R=86.00' W Crt ,S` \9 9� T=23.46' T=43.79' 12 T=19.77' T=21.17' S88`41'09"E 185.19' -�� - S \ \ r. a) co L=39.82' L=74.33' L=38.20' L=41.52' 11° O / \S• \ \ • CO o O > J Z / \ 1 16. O N A=64'32'30" A=33'38'43" A=115'27'30" O ; / / O R=100.00' R=126.00' R=20.00' N bD / /� _y C O• Q 5 T=63.15' T=38.10' 13 T=31.67' Z O\ �0// /, \ oa) 0 L=112.65' L=73.99' L=40.30' I \ -// /��,� A=64'32'30" A=64'32'30" A=33'38'43" 6 R=40.00' R=66.00' 14 R=50.00' b upc.J., r / \ / ,...co cn 0 T=25.26' T=41.68' T=15.12' / < cn Fa i rd a l e L=45.06' L=74.35' L=29.36' (\ - ~ A=113'22'37" A=100'06'51" ,DS. > 15 Court 7 R=30.00' R=56.00' o \ �/ Co T=45.65' T=66.87' +, (-� Crv. 2 S L=59.36' L=97.85' N U �i, **** d C A=30'08'30" z'j, • R=100.00' i:5 5: \ \:5 O�,S9 u) L 8 T=26.93' S\ \ L=52.61' H - �S= o0 O m in 7),59, , N �, a) N a) N Cri/ S_, a) N \ 3 \44 E- -or- L° "5 N �J is 26' Flr �26•47' `-L L SHEET 1 O F 2 _ A=15 20 26 R=105 25'6" R=105.25' 5�4.44\ \Sen'ent �nin FINAL PLAT T=14.17' T=14.17 - �, . 126•- _ °° �� • \ o 50' 50' L=28.18' L=28.18 z - - A=14'04'S2" Cl) R • V• C6=S81'00'S6"w CB=S81 00 56 W z R=462.60' 33.72' CROVE S 28.10' 28.10' _ / T-57.13 N L=113.69 C6=N81'38'43"w CIRS 1 ELEMENTARY SCHOOL 113.40' 118' _...../ e N CIRS co co , N LOT 1 , BLOCK A CIRS - e �O N M N88'41'09"W 168.00' CIRS = _ 59.64' L 19'J • CIRS - 36.22' I (6 40^ 1/2" Capped y o CIRS10 N88'41'o9"W 285.00' CIRs Iron Set 10. 343 Acres Situated In The (� N=7,060,923.72 �/E=2,552,914.08 Riverway Lane MOSES SPARKS SURVEY N ABSTRACT 849 -_� O WYLI E, COLLIN COUNTY, TEXAS Owner Wylie Independent School District Lot 1, Block C O 951 South Ballard Avenue co Wylie, Texas 75098 Maxwell Creek North Phase 8A `- Cab. 2006, Pg. 75 r 0 _> in Telephone 972 429-3000 P.R.C.C.T. 0 Engineer eer m I a IgOIMD CA CI _ RLK Engineering, Inc. d ! J 13o�]�]on Texas Registration No. 579 NOTES: Q Block C 0 111 West Main Street Sage Creek Phase I C 0 Allen, Texas 75013 Selling a portion of this addition by metes and bounds is I Cab. L, Pg. 597 U Telephone 972 359-1733 a violation of City ordinance and State law, and is subject P.R.C.C.T. (' to fines and withholding of utilities and building permits. Surveyor According to Flood Insurance Rate Map No. 48085C0415J, Surdukan Surveying, Inc. dated June 2, 2009, prepared by the Federal Emergency PO Box 126 Management Agency (FEMA) for Collin County, Texas, this Anna, Texas 75409 property is within Zone X. Telephone 972 924-8200 September 11 , 2020 OWNER'S CERTIFICATE STATE OF TEXAS SURVEYOR'S CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Wylie Independent School District is the owner of a tract That the Wylie Independent School District, acting herein by and through That I, David J. Surdukan, do hereby certify that I prepared this plat of land situated in the Moses Sparks Survey, Abstract No. 849, City of its duly authorized officers, does hereby adopt this plat designating the from an actual and accurate survey of the land and that the corner Wylie, Collin County, Texas, and being all of a 10.343 acre tract of land herein above described property as a Final Plat of R.V. Groves Elementary monuments shown thereon as set were properly placed under my conveyed to the Wylie I.S.D. as recorded in Volume 4853, Page 254, of School, Lot 1, Block A, an addition to the City of Wylie, Texas, and personal supervision in accordance with the Subdivision Ordinance of the the Official Public Records of Collin County, Texas, and being more part— and does hereby dedicate, in fee simple, to the public use forever, the City of Wylie. icularly described as follows: streets, rights of way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The BEGINNING at a capped 1/2" iron rod stamped "4613" set for corner at easements and public use areas, as shown, are dedicated for the public David J. Surdukan the southwest corner of Sage Creek Phase II, an addition to the City of use forever, for the purposes indicated on this plat. No buildings, fences, Wylie, and recorded in the plat thereof found in Cabinet L, Page 706 of trees, shrubs or other improvements or growths shall be constructed or Registration No. 4613 the Plat Records of Collin County, Texas, said iron rod being in the north placed upon, over or across the easements as shown, except that land— Right—of—Way line of Riverway Lane, (a 65' R.O.W.) said iron rod being scape improvements may be placed in landscape easements, if approved at the beginning of a non—tangent curve to the left; by the City Council of the City of Wylie. In addition, utility easements may also be used for the mutual use and accommodation of all public THENCE with the north R.O.W. line of Riverway Lane and along said non— utilities desiring to use or using the same unless the easement limits tangent curve to the left with a central angle of 14'04'52", having a the use to particular utilities, said use by public utilities being subord— STATE OF TEXAS radius Hof �462.60', an arc length of 113.69', and having a chord bearing inate to the public's and City of Wylie's use thereof. The City of Wylie COUNTY OF COLLIN N81"38 43W with a chord length of 113.40' to a capped 1 /2" iron rod and public utility entities shall have the right to remove and keep re— stamped "4613" set for corner; moved all or parts of any buildings, fences, trees, shrubs or other BEFORE ME, the undersigned authority, a Notary Public in and for the „ improvements or growths which may in any way endanger or interfere State of Texas, on this day personally appeared David J. Surdukan, known THENCE N88"41 09 W continuing with the north R.O.W. line of Riverway with the construction, maintenance, or efficiency of their respective to me to be the person whose name is subscribed to the foregoing Lane a distance of 285.00' to a capped 1/2" iron rod stamped "4613" systems in said easements. The City of Wylie and public utility entities instrument, and acknowledged to me that he executed the same for set for corner at the beginning of a curve to the right; shall at all times have the full right of ingress and egress to or from the purposes and considerations therein expressed and in the capacity their respective easements for the purpose of constructing, reconstructing, therein stated. THENCE with the north R.O.W. line of Riverway Lane and along said inspecting, patrolling, maintaining, reading meters, and adding to or curve to the right with a central angle of 15'20'26", having a radius of removing all or parts of their respective systems without the necessity GIVEN under my hand and seal of office, this the day of 105.25', an arc length of 28.18', and having a chord bearing N81"00'56"W, at any time of procuring permission from anyone. with a chord length of 28.10' to a capped 1/2" iron rod stamped "4613" , 2020. set for corner at the beginning of a curve to the left; This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. Notary Public in and for THENCE with the north R.O.W. line of Riverway Lane and along said the State of Texas curve to the left with a central angle of 15'20'26", having a radius of WITNESS my hand, this the day of 2020. 105.25', an arc length of 28.18', and having a chord bearing N81.00'56"W, with a chord length of 28.10' to a capped 1/2" iron rod stamped "4613" set for corner; Wylie Independent School District Name: THENCE N88"41'09"W continuing with the north R.O.W. line of Riverway Title: APPROVAL BLOCK Lane a distance of 168.00' to a capped 1/2" iron rod stamped "4613" set for corner in the west line of a 50' Permanent Roadway and Utility "RECOMMENDED OF APPROVAL" Easement as recorded in Volume 2245, Page 29 of the Land Records of Collin County, Texas; STATE OF TEXAS THENCE N01"18'51"E along the west line of the 50' Permanent Roadway Chairman, Planning & Zoning Commission Date and Utility Easement a distance of 689.41' to a capped 1/2" iron rod COUNTY OF COLLIN City of Wylie, Texas stamped "4613" set for corne; in the south line of a 115.155 acre tract of land as conveyed to Yes Companies Key, LLC in County Clerk No. BEFORE ME, the undersigned authority, a Notary Public in and for the "APPROVED FOR CONSTRUCTION" 20160817001080500 of the Official Public Records of Collin County, Texas; State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing THENCE N89'24'00"E a distance of 638.95' to a capped 1/2" iron rod instrument, and acknowledged to me that he executed the same for the stamped "4613" set for the northeast corner in the south line of a purposes and considerations therein expressed and in the capacity Mayor, City of Wylie, Texas Date 115.155 acre tract of land as conveyed to Yes Companies Key, LLC in therein stated. County Clerk No. 20160817001080500 of the Official Public Records of Collin County, Texas and said iron rod also being the northwest corner GIVEN under my hand and seal of office this the day of "ACCEPTED" of Sage Creek Phase II Addition; , 2020. THENCE S01 '18'S1 "W with the common line of the called 10.343 acre tract of land and the Sage Creek Phase II addition a distance of 662.98' Mayor, City of Wylie, Texas Date to a capped 1/2" iron rod stamped "4613" set for corner; Notary Public in and for the State of Texas THENCE S15'23'54"W with the common line of the called 10.343 acre "The undersigned, the City Secretary of the City of Wylie, Texas hereby tract of land and the Sage Creek Phase II addition a distance of 71.32' certifies that the forgoing Final Plat of R.V. Groves Elementary School, to the POINT OF BEGINNING and containing 450,549 square feet or an addition to the City of Wylie was submitted to the City Council on 10.343 acres of land. the day of , 2020, and the Council, by formal action then and there accepted the dedication of right—of—ways, streets, easements and alleys, as shown and set forth in and upon said Plat, and said Council further authorized the mayor to note the acceptance BASIS OF BEARINGS: thereof by signing his name as hereinabove subscribed." The basis of bearings, horizontal and vertical position, are derived from Witness my hand this day of , A.D., 2020. Texas WDS RTK Network, Texas State Plane Coordinates System, Nad 83, (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). City Secretary City of Wylie SHEET 2 O F 2 FINAL PLAT R . V. GROVES ELEMENTARY SCHOOL LOT 1 , BLOCK A 10. 343 Acres Situated In The MOSES SPARKS SURVEY N ABSTRACT 849 WYLI E, COLLIN COUNTY, TEXAS Owner Wylie Independent School District 951 South Ballard Avenue Wylie, Texas 75098 Telephone 972 429-3000 Engineer RLK Engineering, Inc. Texas Registration No. 579 NOTES: 111 West Main Street Allen, Texas 75013 Selling a portion of this addition by metes and bounds is Telephone 972 359-1733 a violation of City ordinance and State law, and is subject to fines and withholding of utilities and building permits. Surveyor According to Flood Insurance Rate Map No. 48085C0415J, Surdukan Surveying, Inc. dated June 2, 2009, prepared by the Federal Emergency PO Box 126 Management Agency (FEMA) for Collin County, Texas, this Anna, Texas 75409 property is within Zone X. Telephone 972 924-8200 September 11 , 2020 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 14,2020 Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2020-54 for a change of zoning from Agricultural District (AG/30) to Planned Development(PD),amending Planned Development 2017-31,to allow for a single-family residential development on 15.88 acres, generally located on Sachse Road approximately 1700' south of Dominion Drive. (ZC2020-10). Recommendation Motion to adopt Ordinance No.2020-54 for a change of zoning from Agricultural District(AG/30)to Planned Development (PD), amending Planned Development 2017-31, to allow for a single-family residential development on 15.88 acres, generally located on Sachse Road approximately 1700' south of Dominion Drive. (ZC2020-10). Discussion Approval of Zoning Case 2020-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause,a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance allows for the rezoning of 15.88 acres of property located on Sachse Road approximately 1700' south of Dominion Drive from Agricultural District (AG/30) to Planned Development (PD), amending PD 2017-31. Exhibit A (Legal Description), Exhibit B (PD Conditions), and Exhibit C (Zoning Exhibits) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City,as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2020-54 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 2020-10, FROM AGRICULTURAL DISTRICT (AG/30) TO PLANNED DEVELOPMENT (PD), AMENDING PLANNED DEVELOPMENT 2017-31, TO ALLOW FOR SINGLE FAMILY PLANNED COMMUNITY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That Planned Development Conditions and a Zoning Exhibit are an integral component of the development of the property and are attached as Exhibits B and C, respectively. SECTION 3: 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 4: 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 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2020-54-Change the Zoning on the Hereinafter Described Property,Zoning Case Number 2020-10, From Agricultural District(AG/30)to Planned Development(PD) SECTION 6: 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 7: 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 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 27th day of October, 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION:November 4,2020 in the Wylie News Ordinance No.2020-54-Change the Zoning on the Hereinafter Described Property,Zoning Case Number 2020-10, From Agricultural District(AG/30)to Planned Development(PD) 'II / I E FM 54� STONE RD / Existin PD Pro osed Revised Total LEGEND / g p HENSLEYLN � > ,1 II, / Lot Type Requirement Existing Total Increase Lot Count / Point of Curvature or Tangency on o x ALANIS DR ry4 Center Line J 10 // 4' Single Family Type A Lots - 70 Min 98 Max 148 148 0 148 � 1/2" Iron rod set with a yellow plastic cap / Single Family Type B Lots -60' 427 Maximum 427 9 436 „ „ I'III Z , zd / Single Family Type CLots -50' 450 Maximum 450 70 520 stamped JVC (unless otherwise noted) RANCH RD l 7 I lip / JOHNNY N MARTINEZ AND TOTAL 1025 Maximum 1025 79 1104 O 1/2" IRF Q PROJECT / - _ _ .� _ COLLIN COUNTY 1 // JOSEPHINE C MARTINEZ AC Acre a w ° DOCUMENT NO.201400170215 c� / TOTAL AREA (AC.) 355.00 15.88 370.88 I o m �o . fir` P / D.R.D.C.T. BL Building Line o , OOGDALLASCOUNTV III r / "� \ OPEN SPACE AREA (AC.) 81.10 2.07 83.17 Cl Curve No. o oR F� e, S C <CM> Control Monument 3 `, ��P0 2`��0 / °i• \ EASEMENT AND RIGHT OF WAY \ TEXAS POWER & LIGHT COMPANY OPEN SPACE PERCENTAGE 22% 22.8% 13.0% 22.4% DE Drainage Easement ,moo // �p \ VOLUME 85183, PAGE 3884 Esmt Easement ,P� hiOPEN SPACE / O°. \ \\ D.R.D.C.T. LOT 1X, BLOCK A \ �� �, Notes: L1 Line No. Pq- �o��s 4,343 SF / \ `99 \ 1. Selling f hiaddition metesandbounds isR.O.W. Right-of-Way o Qom`` F '``� °�F \ 9. \ / a o t s by a �� �q O h 6 \ \ �q� / violation of city ordinance and state law and is subject to fines SF Square Feet eG J c�'o <<� ',. . ,,,ti' ` �°° 7438 SF \\ \ -9�, and withholding of utilities and building permits. UE Utility Easement 2,FF� 2 F,�o 0 / �,° �\ F 2. Lot 17X will be owned and maintained by the H.O.A. All other D.R.D.C.T. = Deed Records of Dallas County, Texas ,� TO BE ABANDONED�'/ C / - EASEMENT AND RIGHT-OF-WAY �O dos open space lots will be owned by the City of Wylie and O.P.R.D.C.T. = Official Public Records of Dallas County, i C • . 5 U=--• ' \ TEXAS LIGHT 1 maintained bythe H.O.A. per Ordinance XXX-XX (See Exhibit X, L -TuRN1)1a _ �P ,./ �� ��,°�� °�° \ • 7291 SF // \ La \ \VOLUMEE 85E83,R &PAGE 3882 COMPANY 38Q �T�S General Standards No. X). Texas �fl GEo"BUSH_____...... -- re) - LAKE RAY HUBBARD / //' O .C.T. -9� S 3. No appurtenance between the height of 2' and 9' may be N POINT OF / �,� °� BLOCK A 'go•o N`O -9s�,pk placed in visibility triangles. BENCHMARKS: VICINITY MAP /° ti4 Ix �°�' °0° 4 //li �S \ LARRY C.MARTINEZ and wife �� '� 2• y N.T.S. BEGINNINGA ���`° 6001 SF ���?°' ^y\ voLUME 83203,PAGE 2560 �TNNE CUELLAR MARTINEZ J �esT,Q • S6 Ballard Storeet apprroximatelyt10 0' west and 10.4n outh of theuth LEGAL DESCRIPTION DO ,.i ID.R.D.C.T. iC> .O , southeast corner of the buildin located at 104 South Ballard Street. / s 3 °7' / ;�l /\ T gDOMINION AT PLEASANT VALLEY Aii °�� �R� 6001 SF ,,o j po• / \ • N: 7057346.76 E: 2569521.09 ANNEX TRACT � A� `' , / \ EASEMENT AND RIGHT-OF-WAY ELEV: 550.24' (PLAN) 550.37' (FIELD) 15.880 ACRES \ 91 / `1 / ONCOR ELECTRIC DELIVERY `SOF / �O 0� L=63.2�' i \ 0 •O PERRY KINNARD&LYNDA KINNARD <� /• ti 6 COMPANY LLCti� L1 \ 2 �° / o° `L`O / / �� DOCUMENT NO. 201900108172 • <`°D o VOL.95234,PAGE 0476 CM #4: Located in the northeast corner of Quail Meadow Park south / �� \ ti� \ 8085 SF // `D° �; °° , sue,; D.R.D.C.T. �F, O.P.R.D.C.T. of alleyand west of White Ibis Way. 14.5 feet south of the south line BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY, <CM> °s\ /�h j \ /s ti �O 25 Ss ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being part of a o 'o `ti / + 77' ,i of alley concrete paving. 7.3 feet perpendicular to b.c. parking area. / a� e ,'\ / �� 8 �� rya ERNESTCCASTILLOand �� 0' that tract of land described in Deed to LarryC. Martinez and wife Yvonne / ti �<<"- SL 4, e \GF / /C5 o /J° + \ 7� 7849 SF °°• ,,,\ LOUISE MARTINEZ CASTILLO • ,� 6440 SF Cuellar Martinez, as recorded in Volume 83203, Page 2560, Deed Records, / , o N`by \ /<0o` °0/No s j ��1 \ DOCUMENT NO.201400170213 ,���' N: 7065787.66 E: 2560973.09 �, �Po�,sob 00 \,) _ �., h/ / 9 c, �� D.R.D.C.T. ,�co 26 SQ�e ELEV: 562.91' (PLAN) 562.86' (FIELD) Dallas County, Texas and being all of that tract of land described in Deed to <��o yoti " A• te, L3 �s /�B / 7310 SF • So >>, Johnny N. Martinez and wife, Josephine C. Martinez, as recorded in Document �• . �o .. ? / �� 16 ,� • �<v 6004 SFeD oS. S>,, CM #5: Located north of the northeast intersection of Troy Road and No. 200302162386 (Volume 2003013, Page 1499), Deed Records, Dallas . °/ `.s �O 7512 SF .S , cb ,O %,34.s3' moo\ N F CountyRoad 732 (Beaver Creek. The monument is located Count Texas and beingmore particularlydescribed as follows: �,�`�, •\/ s• 40 G N S Y, o• sT�� sus. % 2R�r. 72110 SF L�•. CO„�� // �ssF 27 °o0��y approximately 8.5' west of the southeast corner of a chain link fence °o of F2 `�o \ SA. NE.� / DETENTION AREA G� �ccP. \ 6003 SF • 'A , and 5.3" south of the south chain link fence. cG,��` ,��90 �� �� / °s °ti R' /� �g5 (H.O.A.OWNED \ ° `� BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC"set o 15 �a AND MAINTAINED) /� / \59 ,O. rl, in the southeast line of Sachse Road, a variable width right-of-way, for the \ T'27 2�. 1 os 7R 7210 SF / L10 �; �`� N: 7050245.89 E: 2578669.13 o o s 9 \ �� • I� \ 28 Somost westerly northwest corner of said Johnny N. Martinez and wife, ° 9� ° �` 9 \ s- 000 •, L=14.1 c� J R,o °° •o ELEV: 454.28 (PLAN) 454.17' (FIELD) Josephine C. Martinez tract; s \ o•�o co'LiF Q° \ 11 ti 7S �� \ \ 6000 S F ° °' _ oo47o T Oqi P`• 0/q \ l\ 10502 SF 14 S' \)CA \ \\ \ `1' c ', \ 6' 7d\ 6316SF / / Nbc �9 h ` s \ G�Too T \ s� 6S\ , \ �° °� I LA°RYC. MARTINEZ and wi \ So\4 \ 29 °o°, THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast F�T���yo moo \�0, Sri, .4 �90 / �°° VONNE CUELLAR MAR EZ \ ti oo,\ 6000SFo line, a distance of 342.41 feet to a 1-inch iron rod found for the common 9 T `')' S L=10.85' VOLUME 83203,P� . 2560 0 O \ °�20 %1 °' \GF ti�� ti 13 �h / 4 / 'moo D R D _ 0 BLOCK A ,�ti°' north corner of said Johnny N. Martinez and wife, Josephine C. Martinez tract 'o ,o LF \ �h AR. 6585 SF /o,. h 9 '�° \ so 19 s� s, /4,3% o/ s' .4) \ \ 30 'oand most westerly northwest corner of said Larry C. Martinez and wife, \ °°°6 F� ;II \ \ \\ BLOCK A �06., �/ � Ix tx °(b. \\�o �9 s�o 6000 SF •• ° Yvonne Cuellar Martinez tract; \ s°°TSB III S?\ 4� / ^ - �� \ \S° RS6 O \ °°O 0 00 II N II ��\ 12 S�6 / `?° ` / EXISTING G� �� L=1.57' 24 \ sRs� \ `0" N'9 S' ° °' ,, \ \ 31 •99 c FCP FOUND THENCE South 44 degrees 34 minutes 49 seconds East, leaving said \ \ 9823 SF /�' cam' / j/ POND \�� 3r6.. 7118 SF 'off sue, s° southeast line and with the common northeast line of said JohnnyN. L \ N s GF\ \F oo\ 6000 SF°o �02 S, \ �' /� 2.. $ 'sue �>> ��°' '' �`SO Martinez and wife, Josephine C. Martinez tract and southwest line of said \�s>; /��� e� oco// OPEN SPACE �`�� s `' L=1.31' J .� 07 \ \ 32 So `�� Larry C. Martinez and wife Yvonne Cuellar Martinez tract, a distance of \ �I Ili. �j fr 2s, �� LOT 17X, BLOCK A L=6 92'_ `�, 23 �Qs , /�o°' s°o, 6027 SF �R'�F 623.58 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" \ Ni �; °• s 0 2 � , o\ oh set for corner; 2S. 69,425 SF q, ^�' \�S �$ 0 �� 6662 SF S �� •z\ 20 NCO ,5` REMAINDER OF 5�6, JOHNNY N.MARTINEZ and wife, tk� J'v' 22 L15 `S n� S�1 WYLIE DPV LIMITED PARTNERSHIP \ GC JOSEPHINE C.MARTINEZ 6'\ , r'° / S• 33 O 6 St \ DOCUMENT NO.200302162386 �h�° °°� '� 6075 SF �O `3�/�j 5���\ 6030 SF <`1,o. . ., DOCUMENT NO.20131029001473050 THENCE North 36 degrees 55 minutes 02 seconds East, leaving said common 2 5 �� 'S). 7. � O /- A - \ D.R.C.C.T. (Q 0. VOLUME 2003013,PAGE 1499 sP /V,6 „D'/ \?� 4a line, a distance of 362.93 feet to a 1/2 inch iron rod with a yellow plastic 4. 33./5' 1 D.R.D.C.T. 2, 21 L=8.36' / �j \�' O / �2os • - '� 6025 SF �'o ,, �/ \ \ \ ���' Jj .a cap stamped "JVC"set in the northeast line of the above mentioned Larry C. _________ I I ?s �»��F s �' L .23' s so\\ �°c 34 h`' Martinez and wife Yvonne Cuellar Martinez tract for corner; III \ L=6.45' "�,� 20 mac, / 69-' V ��1/ 4'Rsr• 7203 SF \`�o °srR, \ 8104 SF/ v�` 19.94' 6S - os N G6 ti� 6025 SF s / / �/ `i7, \� F \'o� a` THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast ��� Ca�2p3,. N �� s�S 19 / BLOCK A /yoo0 AD°� / S� \ sSS Ssz\F -L=9.85 jk,. a/ ��� line, a distance of 439.43 feet to a fence post found for corner; o o 'G \o S �/ CD "0, \ \ s0 6099 SF °s0 tid % / �/ SSOS. 6 2�so. °� o �\ 8\ /�i' ^ \�°/0 8 �' 6579 SF �' ^, O �// \OPEN SPACE \ 18 �` /po $c; 11 / sSry ��, G\ �� �� �c' FOUNDTHENCE South 45 degrees 03 minutes 10 seconds East, continuing with said 5 / L=2.40' F \• y ii'L� LOT 1X, BLOCK B °s \ 7707 SF r'o L 64/ /NC!) `'i �� 4' �6 L25 10 \ northeast line, a distance of 254.14 feet to a fence post found for the / �• o o / / �. \\ ��, 16,466 SF °o \Q, \moo- so- /�-j ���, N�� 5 CD ,3o, L=4.50' \ siS e. / 9502 SF \ southeast corner of said Larry C. Martinez and wife Yvonne Cuellar Martinez 2 ,, \ \ l\GF Sc,1' opo/ �u,,6507 SF o- co'`' ti $ \ \• o/ "'s�. tract; ly / �� \\°S • `s?\ 2.86> /y , D / / BLOCK C G` SCR 7602 SF \ ��sr / t/ �m` 3S3S \ ( ��'L°' 2 \��° \->, S�. k�� o / / 4 �° S� L=13.24' N / )° �7� \ THENCE South 44 de rees 55 minutes 30 seconds assin at a �›p 6170 SF • \ , X5°° �06,058 SF So. 7.88' ��o ��6 ��' ��' 9 R�r2 �rj 9 West, passing f `� // so �' rx F� L=5.55'-/ J 4�. °�/ 2v9• 6373 SF oA. distance of 365.79 feet a 1/2 inch iron rod found for the common south ��`°' L=19. L16 / 3 sS 9 �0 /�� ,o/ / sQ. corner of said LarryC. Martinez and wife Yvonne Cuellar Martinez tract, and Line Table Line Table � /G�° 0,°i � 6025 SF '; 6422 SF so- /��" �/ -.,.4, S 3 \ \oS �S Li o Ls S' ri,�,/ most easterly southeast corner of the above mentioned Johnny N. Martinez o.Line Length Direction Line Length DirectionL oo, 6187 SF S / �� 2 �°. d, F / o•S ' , and wife, Josephine C. Martinez tract, and continuing in all for a total TRACT 2 g`'� `�� •� L=1 8'- S 10 0 ti 6', <0. 0 S&B MONTGOMERY INVESTMENTS LLC I'�' \� �,` °o ��,6025 SF �• r'p ° �� '�°/ A6� 8 h ,\o distance of 732.00 feet to a 5/8 inch iron rod found for the south corner L1 3.00 N45° 26' 14'E L14 83.75 S44° 55' 30"W 4 \\So -' l , 00 °.0 °��; 6422 SF S0 L��i�4 ^�°�' �� 6390 SF `1 DOCUMENTN0.201900065000 �' / -L=10.24' "-., <<, of said Johnny N. Martinez and wife, Josephine C. Martinez tract; D.R.D.C.T. S\ L2 15.00 N43° 30' 27'W- L15 21.24 N89° 51' 46"E , �O 6021 SF •\°o- \ \ 1 `D° 5° `J'� 11 F / 4� �`'�O L3 21.02 N89° 02' 14"W L16 21.43 N87° 55' 39"W ° BLOCK B- Oo.° o\ \ \\ 8168 SF s°' oo �o�o �'a� 6164 SF ��s 7 4, / 4;° 4/Rs. 7 �'`ls• .�o°�°° THENCE North 43 degrees 30 minutes 27 seconds West, a distance of �0\ hp. • u'� o. ��� ��% 13.60' o •. h L4 21.41 NO° 57' 46'E L17 24.46 S46° 06' 35'W / SO 5 \\s0 ?6�\ 12 L=19 , /\,' 6\b, `'// So,, 6308 SF 1,270.11 feet to the POINT OF BEGINNING and containing 15.880 acres of / , land, more or less. o°, 6000 S F o \ \oo. \7o. ,S 6 , 6109 SF s �/ ��`'j /� L5 15.00 N44' 34' 01"W L18 20.95 NT 11' 10"E j Op \ \ \& �1• �Og 7° ° / �p'). / 4/ ,SQ, 1 �`� \ \ 13 so. //yn �/ 6 CONCEPT PLAN L6 4.91 S45' 25' 11"W L19 21.51 S87° 51' 24'E \ 7'° ��' 6883 SF h� L7 22.21 S68' 57' 50"W L20 22.92 N46° 06' 35"E / S4 6 \boo. \ '� 6109 SF // ,56/ �SQ,, °O- 6000 SF°o \ \\ \ 14 u,." / /�° %�/J�' BLOCK D L8 17.24 S25° 46' 44'E L21 20.90 S2° 22' 17"W / \ \ �`L° \ \?9,5, \°(� 8315 SF �� -L=3� /b �'j `/%� 'G5:. 5 �'S, �� L9 20.62 N44' 34' 06"W L22 53.30 N44° 55' 30"E \ O \ \S �\ ��� sr, 1� �F �1�1' \ ` 6 , 6933 SF S 7 sue. / � , DOMINION OF °a 6000 S F o �' S0, >S\ Ike• k,�Ik '9/ 4 L10 3.28 S45° 24' 55'W L23 21.04 SO° 33' 42"E O 0 / = 0.89' v' r' ' h�°' PLEASANT VALLEY \ `L/ /(1, / �. 6369 S F �� L11 41.05 NO° 02' 20"W L24 32.14 S48° 54' 46"E \ F� �1`L p0j cP ,� Li. 8 \SO 6 -� \, CDC)% / 3 , 1/2" IRF 604 o REAR YARD \ �00, 6000 SF • \\°o, S•\ L19 r,S (\ / / 6122 SF ANNEX TRACT L12 15.05 N44° 48' 03"E L25 20.42 S84° 21' 59"W o= SETBACK \ .,� /<9 6 j , ,-) L13 21.19 SO° 08' 14"E ZONE AE �`L / ��,, tkV . •( 5g - S 9 \s° ��/ /� 2 <Db 15.880 ACRES SIDE YARD SIDE YARD �Op. 6000 SF • \\°°' o��% 90 7200 SF °� SETBACK SETBACK o° \ ` / ^�`L' d g5° LOTS 1X, 2-16, 17X, 18 34, BLOCK A; Curve Table 5.0' i 5.0' <�°" J� �o ��0 0, Curve Chord APPROXIMATE LOCATION \ S \ 10 \ 6' 1 ° p rk1K� LOTS 1X, 2-13, BLOCK B; LOTS 1-14, BLOCK C; # Length Radius Delta Tangent Length Chord Bearing 15' CORNER 1�0-YEAR FLOODPLAIN 1 �00, \ 6000 SF • \\ °' ��5� �o' 9414 SF � O ��� REMAINDER 0 LOTS 1-10, BLOCK D LOT SETBACK I °O SO\ G • 00 WYLIE DPV LIMITED PARTNERSHIP Cl 257.73 50.00 295'19'59" 31.65 53.48 N23' 46' 13"W N'1°' \\ 7�S vF c��� 6 DOCUMENTN0.20131029001473050 68 SINGLE FAMILY LOTS C2 188.47 280.00 038'33'55" 97.96 184.93 S62' 47' 25'E FRONT YARD 0 11 \C<Soo \�6' 0\ n0 D.R.C.C.T. 3 OPEN SPACES/COMMON AREAS BUILDINGLINE °o• 6000 SFoo 7D°\\ '8� 6�. OUT OF THE C3 126.30 300.00 024'07'19" 64.10 125.37 S33° 22' 14"W BLOCK B�o• <9 C4 252.32 50.00 289'07'59" 35.58 57.98 N14° 09' 32'w TYPICAL 70' LOT 1 \ s 12 \ s LI'Fs, GUADALUPE DE LOS SANTOS SURVEY, C5 220.62 280.00 045•O8'39" 116.39 214.95 s5s• 30' 03"E SETBACK DETAIL I °o, 600o SF �r°O° \\�'R. ABSTRACT NO. 1384 (DALLAS COUNTY) - \ 60 30 0 60 120 C6 79.68 425.50 010°43'47" 39.96 79.57 S52° 19' 53"W - - �� -� CITY OF WYLIE s° ��� 13 DALLAS COUNTY, TEXAS C7 50.93 228.50 012°46'17" 25.57 50.83 N51° 18' 39'E cn'n REAR YARD REAR YARD \ °O c�'`O 6518 SF �O°' SCALE 1" = 60' C8 254.10 50.00 291'10'54" 34.25 56.51 S21° 52' 21"W o4 SETBACK o SETBACK �A\ C9 83.37 374.00 012'46'17" 41.86 83.19 S51' 18' 39"W S° ��0� SIDE YARD SIDE YARD SIDE YARD SIDE YARD \ O O,I C10 56.62 280.00 011°35'12" 28.41 56.53 S51° 54' 11"W SETBACK SETBACK SETBACK SETBACK ` !IRF 27 AU ust 2020 5.0' 5.0' 5.0' 5.0' gC11 57.41 500.00 00634'44" 28.74 57.38 S40' 13' 05"E Owner/Applicant: Engineer/Surveyor: C12 47.76 519.50 005'16'01" 23.89 47.74 N48' 03' 19"E 15' CORNER \ Wylie DPV Limited Partnership J. Volk Inc. SHEET 1 OF 1 LOT SETBACK l I Consulting, C13 56.62 280.00 011°35'12" 28.41 56.53 N51' 54' 11"E 1 8214 Westchester Street 830 Central Parkway East, Suite 300 I FRONT YARD �, FRONT YARD N Suite 950 Plano, Texas 75074 J . V O L K C14 148.23 665.00 012'46'17" 74.42 147.92 N51' 18' 39"E BUILDING P BUILDING o� \ \ Dallas, TX 75225 P. 0Phone: 972-201-3100 C15 20.07 300.00 003'49'59" 10.04 20.07 S46' 59' 46"E LINE LINE \ Phone: 214-673-0575 Contact: Jay Volk consulting TYPICAL 60' LOT TYPICAL 50' LOT 1 \ Contact: Ronald N. Haynes, Jr. C16 129.55 500.00 014°50'45" 65.14 129.19 N37° 30' 07"E y Email: jay.volk@jvolkconsulting.com 830 Central Parkway East,Suite 300Plano,Texas 75074 C17 48.62 500.00 005.34'16" 24.33 48.60 N32. 51' 53"E SETBACK DETAIL SETBACK DETAIL Email: rhaynes@HaynesDevCo.com 972.201.3100 Texas Registration No. F-11962 EXHIBIT"B" DOMINION OF PLEASANT VALLEY PLANNED DEVELOPMENT STANDARDS Community Framework Dominion of Pleasant Valley will be a multi-generational community where an emphasis on the pedestrian experience is balanced with the conveniences of a suburban lifestyle. A variety of housing types will be provided to meet the needs of a complete life cycle.This will allow residents to move within the community as change occur in their lives. In the Dominion of Pleasant Valley community, public and private spaces are given equal importance. Open spaces and common areas are interspersed throughout the community.Also, where possible, the natural features of the property are emphasized to provide for a balanced within the community. Permitted Uses: Uses shall be allowed in accordance with the "SF 10/24" column of the Use Charts established in the September, 2019 Wylie Zoning Ordinance with the following exception. A day care facility shall be allowed by right, subject to a specific use permit only. General Standards 1. The design and development of the Dominion of Pleasant Valley community shall take place in general accordance with the attached Concept Plan (Exhibit C). 2. The maximum number of lots/homes shall be 1,104. 3. Lot Mix: A. A maximum of 520 lots shall be the "Type C" lots (minimum lot width of 50') B. A maximum of 436 lots shall be the "Type B" lots (minimum lot width of 60') C. The remainder 148 lots shall be Type "A" lots (minimum lot width of 70') D. As part of each final plat submittal, a table shall be provided which indicates the number of each Type of lot within the Dominion of Pleasant Valley community. 4. A minimum of 22%of the land within the Dominion of Pleasant Valley community shall be used as open space. The open space shall be owned by the City and maintained by the Homeowners Association with the exception of the swimming pool area at the amenity center. A warranty deed with a legal description of each parcel of open space shall be provided to the City at the time of the ownership transferring from the Developer to the City.The swimming pool area shall be owned and maintained by the Homeowners Association. With the exception of the swimming pool area, all other open spaces within the community shall be accessible to the public. One element of the open space shall be a community amenity center.The amenity center shall generally be located as shown on the Open Space Plan.The amenity center shall be constructed with the first phase of the community and shall be completed prior to the issuance of a Certificate of Occupancy for any residential dwelling. Components of the amenity center shall include, at a minimum, a junior Olympic swimming pool, splash pool, bathrooms, BBQ grills, picnic tables, shade structures, playground equipment, and an off-street parking lot. Amenities to be provided in other open spaces identified on the Open Space Plan shall include, at a minimum, 2 gazebos with BBQ grills and picnic tables, and 2 sets of playground equipment. The open space, including the community's amenity center, provided within the Dominion of Pleasant Valley community, as generally show on the Concept Plan shall be recognized as meeting all of the City of Wylie's acreage and or parkland dedication fee requirements for public and/or private open space for the Dominion of Pleasant Valley community. The Developer shall coordinate with the City on the selection of type, style, location, size etc. of all open space improvements including but not limited to: plants,trees,turf, mulch, irrigation, benches,tables, pavilions, gazebos, grills, playgrounds, etc.The Developer shall adhere to established Park Division equipment standards and all Open Space and Trails Master Plan recommendations. All open spaces shall be sodded, rolled, and irrigated per the City's accepted practices. All trees within the open spaces shall have tree wells and bubbler irrigation. Water meters shall be furnished by the City, while backflow devices shall be furnished by the Developer. Monthly water and electrical charges for open space maintenance shall be paid for by the Homeowners Association A"cost of improvements" shall be provided by the Developer to the City when the open space ownership transfers from the Developer to the City. 5. Dwellings may encroach into the required rear yard by no more than 5'. Dwellings shall not encroach into the required front yard. Residential Standards Type A Lots Type A lots shall be developed in accordance with the September, 2019 City of Wylie Zoning Ordinance, except as indicated below. Dimensional Standards 1. Minimum lot area: 8,400 square feet. 2. Minimum lot width: 70'. On cul-de-sacs and/or elbows,the minimum lot width shall be 60'.The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120.' On cul-de-sacs and/or elbows,the minimum lot width shall be 100'. 4. Minimum front yard: 25'.An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard: 5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 25'. 6. Minimum rear yard: 20'for the primary structure.Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area: No more than 50% between 2,500 and 3,000 sq.ft. and 50% must be greater than 3,000 sq. ft. 8. Maximum lot coverage: 45% 9. Maximum height: 2 1/2 stories or 40' for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot. Type B Lots Type B lots shall be developed in accordance with the September, 2019 City of Wylie Zoning Ordinance, except as indicated below. Dimensional Standards 1. Minimum lot area: 7,200 square feet. 2. Minimum lot width: 60'. On cul-de-sacs and/or elbows,the minimum lot width shall be 50'.The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows, the minimum lot depth shall be 100'. 4. Minimum front yard: 20'.An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard: 5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard: 25'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area: No more than 50% between 2,250 and 2,750 sq. ft. and 50% must be greater than 2,750 sq. ft. 8. Maximum lot coverage: 45% 9. Maximum height: 2 1/2 stories or 40' for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot. Type C Lots Type C lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or may be amended, except as indicated below. Dimensional Standards 1. Minimum lot area: 6,000 square feet. 2. Minimum lot width: 50'. On cul-de-sacs and/or elbows,the minimum lot width shall be 40'.The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows,the minimum lot depth shall be 100'. 4. Minimum front yard: 20'.An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard 5'.The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard: 25'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area: No more than 50%of the dwelling shall be between 2,000 sq. ft. and 2,400 sq. ft.The remaining 50%of the dwelling shall be greater than 2,400 sq.ft. 8. Maximum lot coverage: 50%. 9. Maximum height: 2 1/2 stories or 40' for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot. Residential Architectural Standards 1. Plate heights in houses shall be no less than 9' for the first floor and 8'for the second or higher floor. 2. The front façade of each house shall contain architectural detailing to include at least two of the following: A. A front porch, as defined in No. 7 below. B. Decorative gable feature. Such a feature may be delineated with complimentary building materials or differing laid pattern, or combination thereof. C. Decorative door, window, and/or opening lintels. Such a feature shall be delineated with complementary building materials. D. Complimentary building material wainscoting. E. Attic windows or dormers. F. Window shutters.The shutters shall be sized to match the window sash. Examples of the above are shown on attachment 1. 3. A"sense of arrival" shall be created at a house's primary entrance.This can be done with but not limited to any two or number of the following: A. A front porch B. Oversized openings for a recessed front door. C. Complimentary building materials to accent the entryway. D. Decorative front door. E. Enhanced primary walkway paving using earth-tone colored concrete (stain mixed in, not applied after), stamped pattern concrete, or brick pave stone. Examples of the above are shown on Attachment 2. 4. Architectural repletion: 7 lots skipped before repeating same floor plan and elevation. 5. A minimum of 25%of the home's street facade shall be offset from the remainder of the facade by at least 2'. 6. All of the homes shall have at least one front elevation option which includes a front porch incorporated into the home's front elevation. 7. Front porches:A front porch shall have a minimum depth of 6' and a minimum width of 10' (60 square feet minimum). Front porches shall have railing and columns.The railings and columns shall be architecturally compatible with the house's front façade. 8. A hip roof which faces the street and which comprises greater than 35%of the total width of a house's façade material shall be broken up with dormer or other architecturally compatible appurtenances. 9. Lighted house number wall plaques shall be provided on the front of all homes. 10. Exterior façade material:The homes shall be constructed of 100% masonry. Masonry shall include brick, stone, masonry, stucco, and hardy plank. In no instance however shall hardy plank comprise more than 20% of any individual facade of the home. 11. Chimneys shall be enclosed with masonry matching the exterior walls. Chimneys shall not be clad in hardy plank unless it can be shown that such material is needed from as structural perspective (chimney extending through a roof) or from an architectural perspective. 12. All trim, siding, ceiling, and garage doors on the front facades shall be painted two contrasting colors to achieve an architecturally enhanced appearance.An example is,trim to be painted one color and side surfaces and garage doors to be painted a second color. 13. Roof pitches shall have a minimum 8:112 for main gables and hips. Dormer roof and roofs over porches may have a lesser pitch. 14. Roofing materials shall be either, architectural grade overlap shingles, tile, or standing seam metal. Wood shingles shall be prohibited. Vents and other roof appurtenances shall be painted to match the roof's color. 15. All of the homes shall have at least one front elevation option which includes two single-car garage doors versus one two-car garage door. 16. Garage doors: Garage doors may face a public street. Garage doors facing the street shall comprise no more than 45% of the total width of a house's facade. 17. Garage doors shall be carriage style in appearance.This shall be accomplished with the following. A. Garage door panels shall be wood clad or have the appearance of wood. B. Decorative hardware shall be attached to the garage doors. Such hardware shall include handles and hinges in a complimentary color. Examples of the above are shown on Attachment 3. 18. Carports are prohibited for homes with front entry or swing garages. 19. Fencing: Fencing located in the front of a house shall have a maximum height of 4' and shall have a minimum 50% of the fence face area transparent. Fencing along the side or rear property lines of a lot, including when a side or rear property line is adjacent to a street, shall have a maximum height of 8' and be constructed of wood with metal poles and the fence's rails facing to the inside of the lot. (Pressure treated wood as a fence material shall be prohibited). 20. Board on board fence construction with the fence's rails facing to the inside of the lot, shall be done on all corner lots where the fence is adjacent to a street, shall have a maximum height of 8' and be constructed of wood with metal poles and the fence's rails facing to the inside of the lot. (Pressure treated wood as a fence material shall be prohibited.) 21. Tubular steel or wrought-iron type fencing shall be required on all single-family lots adjacent to open spaces, greenbelts, and parks referenced on the Open Space Plan (Exhibit D). 22. Landscaping: Sodded front yards with a minimum two 3" caliper trees and five shrubs shall be provided for each home. Enhanced landscaping along the home's primary walkway shall also be provided. When automated, subsurface irrigation systems are provided, rain sensors shall be installed and operational. 23. Outdoor lighting. Entrances to homes and garages shall be illuminated. 24. Conservation/Sustainability:All homes shall comply with the Energy component of the Wylie Building Code. COMMUNITY DESIGN STANDARDS 1. Public open space easements: 30'wide buffer with a minimum 8' wide trail to the rear of houses beside the open spaces and perpendicular from a street. 2. Perimeter screen along Sachse Road and Pleasant Valley Road shall be provided as generally shown on Exhibit E (Conceptual Perimeter Treatment). More specifically, a minimum 6'tall board-on-board cedar fence shall be provided to screen the adjacent homes from the roadways. The fencing shall have metal poles and masonry columns spaced every 50'.The fence's rails shall face the inside of the lot. Additionally,the fencing shall be stained to a uniform, neutral brown color and be maintained by the Homeowner's Association. In conjunction with the fencing, shrub plantings shall be provided. 3. Perimeter buffer,trails and landscape:A minimum 40' buffer shall be provided along Sachse Road and Pleasant Valley Road. A mixture of large/shade and small ornamental trees shall be provided within the 40' buffer.The trees shall be planted in natural groupings versus being evenly spaced. A minimum of 8' wide concrete trails shall meander through the buffer as generally depicted on Exhibit E (Conceptual Perimeter Treatment). 4. Furnishings along trails: Benches with backs shall be provided and spaced appropriately when adjacent to open space. Decorative paving and cross-walks at street connectors shall also be provided. 5. Curvilinear streets: A minimum of 25%of the streets within the community shall have a curve between 3 and 23 degrees. 6. Entry features and medians:Architectural features on stone screening walls or stone monuments shall be located within a landscaped median to the first cross street. Decorative paving shall be provided in the cross-walk. 7. Signage at community entries: Community identification shall be incorporated into the screening wall or monument located at the community entrances.The sign shall be illuminated by means other than street lights. 8. Sidewalk locations: 5' sidewalks shall be provided on both sides of a street. 9. Mailboxes: Mailboxes shall be paired at the common property line of two lots.They shall be a uniform style, selected by the developer, and shall be stylistically consistent throughout the Dominion of Pleasant Valley community. A number plaque shall be provided on the mailbox. 10. Sidewalk lighting: Upgraded decorative street pole lighting shall be provided throughout the community.The poles shall have solar controls and be spaced every 250'—350' and at intersection at mid-block. 11. Alleys: Alleys shall not be required. 12. Community buffer yards, entryway treatments, and landscaping shall be designed, developed, and maintained in accordance with the standards established in the Wylie Zoning Ordinance unless otherwise identified in these requirements. 13. A Landscape Plan shall be provided in conjunction with the preliminary plat. Such a plan shall comprehensively address edge treatments such as perimeter screening and landscaping and primary and secondary community entrances. 14. Community Streets: Streets within the Dominion of Pleasant Valley community shall dedicate right-of-way and be built to the paving widths and thicknesses as identified on Exhibit F (Paving and Right-of-Way Dimensions). Roadway Impact Fees shall be paid for the Dominion of Pleasant Valley community's impact on Ballard Avenue and Pleasant Valley Road. No other financial obligations with respect to these roads shall be required. TREE PRESERVATION Surveying and mitigation of protected trees shall be in accordance with the following 1. The developer shall submit an aerial exhibit of delineating wooded areas in remaining undeveloped land. The total acreage of wooded areas shall be shown on the exhibit. 2. Within existing wooded areas to be developed in future phases, a representative one-acre area shall be identified by City staff. 3. Protected trees within the one-acre area shall be surveyed in accordance with the City's tree preservation ordinance. 4. The number of trees,total caliper inches, and required mitigation within the one-acre area shall be calculated in accordance with the City's tree preservation ordinance. 5. The mitigation requirement for wooded areas within remaining phases shall be assessed based on the mitigation required for the one-acre area. WIIMIIIIIIIIIIIIIMIIIIM e. Apt vir vivey limo ;!_:&BIKE jl: -WI 1 - TRAIL --�---- l �' — 1- .. - - _ . SACHSE ROAD . , i , . „,,, , , , iiire liii. olloommonionr, 1 11. 11iMill I . V D s� E w..l ✓N }° ! all,ME NB= "gyp -j • # im. mu Ed- pv110 akr. --------- ,,_,':14,7„,.__Ion ,.," ,....,, , D � imimi :. Kw rmi L.I.Age, .40 . ►rr � ! I r ne II El iuusfr % 44s7 e lig # IrV 411 99/1 --) A / lila I % • • lama ei, • • r,- ) ( Wall 11111rAt ke - 't Wadi 0, .... %.* '.,,ii4. ', J . ' '.` tar / ,) ".44,4 . 1 ,ni ' ,g, 17m). -k::,(t aft 1 !j-i-j--81-1-Ja 1111144, corer ,101- , A -. .- . '1/440, .." -4 , • .vt,145:,, sipq4.44,4,4 111 t: / #13 ir a/ :.---:1:--------------------:----_-::-:A---__ 41111k '' ' 4,4'..-fmi #4 . , -___.-7.--=-4:_m ,__,,z____________________(//spisariir 'raft eadise iffilless . FLOODPLAINisko,„:/* �n.- 7 #10---- -,,---___--- 7._wwwit /__iiiito° ►----- miewair ir ►►1 /W" �.oitA,;* P' . .•.� # ,_--'ef---------_____ -- F----::::;--.7-ffitit%;_:_-_-____ aka* w Arte* :4:#21 ii.__ ,, ,,,, , G_______ _.:_________, ,..........., _ ..„_,.:.,-,:,,;-_;:ii-it.„..ii_____ „„iiik !gat / 4,,iww, , / #13 f ! 1 ►a_ _ #f7 - ■r� ,�i iiimsp ,,,t Y. AI. .. i affeimsr • 1 - NI . .., ' !-PEKE&BIKE TRAIL � '- -- - wFa�+ , /Nei►►►� - Fnasrvr -�-__- . .giat /ow � No ! !MIII1�►► ►►►ll - _ ,nit .�; - �j litits*Ina ri& ' 4111iiii. "-.1-"-* *-4-;--11164-8-_ill* : ' - ., #. -------------------1.111111/111/WingliffAr . F)/( IR i 11 it lap FA .. 0,„, ,,, „,,,,r ire_ _ ----__ , --__________ ►► . . --- 101/11/ptiL.4---'''''''''''''''''' --- -1-__ , PLAYGROUND& rta.wti GAZEBO 1111 111 ►►"i : -‘‘4 pe. 1i1 0 1.\1 Wa1OM_1M1_11Il"-MNibEIIa1M ►►►• • . . 18t i. e11-* ------1----14r1 41,1\rP ii \0fi0l lo%1.i6 PIPON .y PROPOSED PLANT } �'- 1 , may. nM :. �� 1-P' � LOTS LOTS F +ke ■ �i a 11• . ■a 50: 450MAX 54: 524 * . • rn �r i '! ! ! 60: 427 MAX 60: 436 • ■ �� 70: 98MIN,148MAX 74: 148 �3 *4 . . rgise . 3I1 975MAX 1144 �� 4Eti ■ ! ►� "If/ t ##14 �a o au:�� 1HIKE AND SIKE TRAIL • • 3-9p MI HIKE ANO BIKE TRAIL ■rrrr■ 4-15 MI !1 -0'• •• 1i • a• • . 1111111. � 1 1I�1111111111 TOTALAREA{AC.) 355 370.88 yam;. ,a'4 I" r`+rR1 EU r■ WW&Nrrr�■ Milr►ie'rrrrwr♦j I ;L rs Rr *� a� • OPEN SPACE AREA{AC1 81.1 83.17 Ili i ■r r r _ #4}} OPEN SPACE PERCENTAGE 22.8% 22.4% 1 1 r - JEi:>•TSs�E + ui'1;[1h1i —— ———V am" II Haynes Development Company DOMINION OF PLEASANT VALLEY J. V ❑ L K OVERALL TRAIL & PARK CONCEPT PLAN 011:47\ consulting ntrdl Parkway East,Sul[e 3°p CITY OF WYLI E, TEXAS 200 '°° ° 200 4°° Plana,Texas 75074 V2 2°1-31°v Tews Re6istratic rev.F-11952 SCALE 1"-200. SEPTEMBER 2020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER. After Recording Return to: City Manager City of Wylie 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG LARRY MARTINEZ, JOHNNY MARTINEZ, WYLIE DVP LIMITED PARTNERSHIP AND THE CITY OF WYLIE, TEXAS (Dominion of Pleasant Valley) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE,TEXAS, a Texas home-rule municipality("City"or"Wylie"), LARRY MARTINEZ ("Tract 1 Owner"), JOHNNY MARTINEZ ("Tract 2 Owner" and together with Tract 1 Owner, the "Owners") and WYLIE DVP LIMITED PARTNERSHIP, a Texas limited partnership ("Developer"), on the terms and conditions hereinafter set forth. City, Owners and Developer are individually and collectively referred to herein, respectively, a"party" or"parties." WHEREAS, Tract 1 Owner represents and warrants that he is the sole owner of that certain 6.082+ acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, Collin County, Texas, within the City's extraterritorial jurisdiction ("ETJ"), as more particularly described in Exhibit A-1, attached hereto and incorporated herein for all purposes ("Tract 1 Property"); and WHEREAS,Tract 2 Owner represents and warrants that he is the sole owner of that certain 10.315± acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, Collin County, Texas, within the City's ETJ, as more particularly described in Exhibit A-2, attached hereto and incorporated herein for all purposes ("Tract 2 Property" and together with the Tract 1 Property, the "Property"); and WHEREAS, Owners and Developer seeks to develop a single-family residential development on the Property; and WHEREAS, the parties agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WHEREAS, Owners and Developer desire to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, "Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings Development Agreement—16.397±Acres Page 1 of 18 3099589 currently existing and to be built in the future on the Property, regardless of whether the Property develops as Owners or Developer desire or intend or not; and WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Government Code; and WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Government Code with the full understanding and intent that Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on all portions of the Property as of the Effective Date of this Agreement (hereinafter defined); and WHEREAS, the Wylie City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Owner agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct, are incorporated into the body of this Agreement and are adopted as findings of Wylie and Owner. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property, including the Tract 1 Property and the Tract 2 Property. Tract 1 Owner represents and warrants that he is the sole owner of the Tract 1 Property. Tract 2 Owner represents and warrants that he is the sole owner of the Tract 2 Property. 3. Building Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or future building on the Property, Owners and Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Owners and Developer also shall comply with the Wylie- approved façade plans for the Property, as they exist or may be amended by Wylie, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Owners and Developer voluntarily consent and agree to comply with this Agreement, the Building Materials Standards and the approved façade plan in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement, Owners or Developer shall impose deed restrictions on the Property, Development Agreement—16.397±Acres Page 2 of 18 3099589 incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Owners or Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by Wylie's Development Services Director or his designee. Wylie is entitled to withhold building peiuiits on the Property (in addition to any other remedy available to Wylie) in the event that no Owner or Developer has not obtained such written approval. Once approved, Owners or Developer shall record the approved deed restrictions in the Real Property Records of Collin County,Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie's Development Services Director or his designee. Wylie shall be a third-party beneficiary of the approved deed restrictions, and Wylie shall have the right but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Government Code. Owners and Developer voluntarily consent and agree to such designation. Owners and Developer voluntarily waive any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agree that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Owners and Developer agree that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If an Owner or Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty(30)days after Wylie sends written notice of such failure to party, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County, Texas as a lien or encumbrance on the Property; (ii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iii) to refuse to issue building permits for any building on the Property; (iv) to refuse to issue a Certificate of Occupancy for the Property; (v) to require an Owner, another owner of the Property, or a portion thereof, Developer and/or a contractor thereof to immediately cease the Development Agreement—16.397±Acres Page 3 of 18 3099589 construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vi) to seek specific performance of this Agreement. (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Owners and Developer, then Owners and Developer may seek specific enforcement of this Agreement as their sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not,under any circumstance,be required to tender, or be liable to Owners or Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property and shall be binding upon Owners and Developer. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Owners and Developer represent and warrant that there are no liens, attachments or other encumbrances that prohibit or affect the right of such party to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Owners and Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to such party's rights granted herein. 7. Limitations of Agreement. Wylie ordinances covering property taxes, land use, zoning, utility rates, permit fees, inspection fees, tree mitigation fees, impact fees, development fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of an Owner or Developer to Wylie under any ordinance, whether now existing or in the future arising. 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Wylie, addressed to it at: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 Development Agreement—16.397±Acres Page 4 of 18 3099589 3 . Telephone: (972) 516-6000 Email: chris.holsted@wylietexas.gov with a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Email: rpittman4abernathy-law.com If to Tract 1 Owner, addressed to him at: Larry Martinez 2717 Sachse Road Wylie, Texas 75098-6230 If to Tract 2 Owner, addressed to him at: Johnny Martinez 2801 Sachse Road Wylie, Texas 75098-6230 If to Developer, addressed to it at: WYLIE DVP LIMITED PARTNERSHIP ATTN: Ron Haynes 8214 Westchester Street, Suite 950 Dallas, Texas 75225 Telephone: (214) 673-0575 Email: rhaynes@haynesdevco.com 9. Indemnity. (a) EACH OWNER AND DEVELOPER SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS,SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF EACH OWNER OR DEVELOPER OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM EACH OWNER AND DEVELOPER IS LEGALLY RESPONSIBLE,IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION Development Agreement—16.397±Acres Page 5 of 18 3099589 PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO,ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST WYLIE BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS,DEMANDS,DAMAGES,ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN EACH OWNER AND DEVELOPER AND THEIR RESPECTIVE EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT OR SEPARATION FROM EMPLOYMENT WITH EACH OWNER OR DEVELOPER, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX,SEXUAL ORIENTATION OR PREFERENCE,RACE,RELIGION,COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION,OR ANY CLAIM FOR WRONGFUL TERMINATION,BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS'COMPENSATION INSURANCE AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. EACH OWNER AND DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY EACH OWNER AND DEVELOPER IN FULFILLING THE OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF THE OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF THE OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH OWNER AND DEVELOPER SHALL RETAIN WYLIE- APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF AN OWNER OR DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH OWNER AND DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations; Waiver and Release of Claims For Obligations Imposed by this Agreement. (a) EACH OWNER AND DEVELOPER ACKNOWLEDGES AND AGREES THAT: Development Agreement—16.397±Acres Page 6 of 18 3099589 (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT, IN WHOLE OR IN PART,DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED; (D) NUISANCE; OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH OWNER AND DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, AN OWNER'S OR DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO THIS SECTION. (b) EACH OWNER AND DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) EACH OWNER AND DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE,RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a"permit" as defined in Chapter 245 of the Texas Local Government Code, as amended, and nothing in this Agreement provides Wylie with fair notice of any project. EACH OWNER AND DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE,AS AMENDED,UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Condemnation Procedures/Rights Waiver. As ADDITIONAL CONSIDERATION FOR THE BENEFITS EACH OWNER AND DEVELOPER IS RECEIVING UNDER THIS AGREEMENT,EACH OWNER AND DEVELOPER HEREBY RELEASES WYLIE FROM AND AGAINST,AND WAIVES, ANY ALL RIGHTS TO OR CLAIM FOR ANY RELIEF UNDER CHAPTER 2206 OF THE TEXAS Development Agreement-16.397±Acres Page 7 of 18 3099589 GOVERNMENT CODE, AS AMENDED, AND/OR CHAPTER 21 OF THE TEXAS PROPERTY CODE,AS AMENDED,ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT. 13. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. LOC. GOV'T CODE § 271.153, as it exists or maybe amended, if applicable. 14. Warranties/Representations. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either party. 15. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 17. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 18. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 19. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date(hereinafter defined). 20. Savings; Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction,then that term, condition or provision shall be deleted and the remainder of the Development Agreement—16.397±Acres Page 8 of 18 3099589 Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 21. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof,has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 22. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 23. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Owners will file any approved, executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Owners shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file- marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and each Owner and Developer. 24. Indemnification. The parties agree that the Indemnity provisions set forth herein are conspicuous, and the parties have read and understood the same. 25. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Development Agreement—16.397±Acres Page 9 of 18 3099589 26. Immmunity. It is expressly understood and agreed that, in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity,that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 27. Reference to Owner. When referring to "Owner"herein, this Agreement shall refer to and be binding upon each Owner, and each Owner's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom each Owner is legally responsible. 28. Reference to Developer. When referring to"Developer"herein, this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is legally responsible. 29. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 29. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). Development Agreement—16.397±Acres Page 10 of 18 3099589 CITY: CITY OF WYLIE, TEXAS a home-rule municipality By: Chris Hoisted, City Manager Date: /z q/2.a STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the 74 day of � , 2020, by Chris 1- is uk , City Manager of the City of Wylie, Texas. w a TINA LINK NOTARY PUBLIC ; Notary Public, State of Texas * STATE OF TEXAS ID#13144212-5 4)Of ' My Comm.Expires 02-08-2022 Development Agreement—16.397±Acres Page 11 of 18 3099589 DEVELOPER: WYLIE DVP LIMITED PARTNER, IP r By: = r Print c e •me: ...� /�:. / • 4/i'y Title. - /j ' �i�'� �2 Gr•/� 7 Date: %Iix/I NIF STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the 26, day of �ljrte.. , 2020, by ROn. Vkou,�r�e,s, Wylie DVP Limited Partnership. �1 eiCUZ U( / 6f 11 i ..,) P��RYP��4 CAROL LYNN BUSH Notary Public, State Texas • Notary Public, State of Texas Sj.: P• '= Comm. Expires 10-15-2020 ,,,,,, Notary ID 129164759 Development Agreement—16.397±Acres Page 12 of 18 3099589 TRACT 2 OWNER: JOHNNY MARTINEZ By: hnny M inez, Tract 2 Owne Date: )(.4 STATE OF TEXAS § § COUNTY OF COLLIN §This instrument was acknowledged before me on the 2'/Q day of J l to , , 2020, by Johnny Martinez. CAROL LYNN BUSH Gt /1/1_ geed-L- �,SPpY PVB l °• �,=Notary Public, State of Texas ��.• Notary Public' State exas f %�v;f�.•+� Comm. Expires 10-15-2020 Notary ID 129164759 Development Agreement—16.397±Acres Page 14 of 18 3099589 TRACT 1 OWNER: LARRY MARTINEZ BY: Larry M rti ez, Tract 1 Own Date: 6.-21 STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the Zq day of �, , 2020, by Larry Martinez. a/1_,7ecstavdZol_ &id-4 `"'P CAROL LYNN BUSH ��R !;Ve•� Notary Public, Stat f Texas ?**•,S.Notary Public,State of Texas v \; Comm. Expires 10-15-2020 .,',�of ,,,,,, Notary ID 129164759 Development Agreement—16.397±Acres Page 13 of 18 3099589 Exhibit A-1 Legal Description of the Tract 1 Property LEGAL DESCRIPTION ANNEX TRACT ONE 6.0S2 ACRES BEING a tract of land situated in the GUADALUPE DE LOS SANTON SURVEY, ABSTRAC:T NO. 1384, of Wylie, Dallas County, Texas and being part of that tract of land described in Deed to Larry C. Martinez and wife Yvonne Cuellar Martinez, as recorded in Volume 83203. Page 2560, Deed Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1-inch iron pipe found in the southeast line of Sachse Road, a variable width right-of-way, for the most westerly northwest corner of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract: THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast line, a distance of 19.72 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "TVC:- set for the most westerly northwest corner of that tract of land described in Deed to Ernest C' Castillo and Louise Martinez Castillo, as recorded in Document No. 2014-00170213, Deed Records, Dallas County. Texas: THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line, a distance of 590.30 feet to a 1/2 inch iron rod with a yellow plastic cap stamped 'JVC- set for the most southerly southeast corner of said Ernest C' Castilla and Louise Martinez Castilla tract: THENCE North 36 degrees 55 minutes 02 seconds East, a distance of 342.66 feet to a 1/2 inch iron rod with a yellow plastic cap stamped -JVC- set in the northeast line of the above mentioned Larry C. Martinez and wife Yvonne Cuellar Martinez tract for the most easterly southeast corner of said Ernest C Castillo and Louise Martinez Castillo tract: THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast line, a distance of 469.72 feet to a fence post found for corner; THENCE South 45 degrees 03 minutes 10 seconds East, continuing with said northeast line, a distance of 254.14 feet to a fence post found for the southeast corner of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract: THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 365.79 feet to a 1/2 inch iron rod found for the common south corner of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract, and most easterly southeast corner of the above mentioned Johnny N. Martinez and wife, Josephine C. Martinez tract: Development Agreement-16.397±Acres Page 15 of 18 3099589 THENCE North 44 degrees 34 minutes 49 seconds West, with the common southwest line of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract and northeast corner of the above-mentioned Johnny N. Martinez and wife, Josephine C. Martinez tract, a distance of 1,26662 to the POINT OF BEGINNING and containing 60S2 acres of land, more or less. Development Agreement— 16.397±Acres Page 16 of 18 3099589 Exhibit A-2 Legal Description of the Tract 2 Property LEGAL DESCRIPTION ANNEX TRACT TWO 10.315 ACRES BELNG a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384. City of Wylie, Dallas County, Texas and being all of that tract of land described in Deed to Johnny N. Martinez and wife, Josephine C. Martinez, as recorded in Document No. 200302162386 (Volume 2003013, Page 1499), Deed Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 112 inch iron rod with a yellow plastic cap stamped-JVC- set in the southeast line of Sachse Road, a variable width right-of-way_ for the most westerly northwest corner of said Johnny N. Martinez and wife, Josephine C. Martinez tract; THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast line, a distance of 342.41 feet to a 1-inch iron rod found for the most northerly northwest corner of said Johnny N. Martinez and wife, Josephine C. Martinez tract; THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line, a distance of 1.266.62 feet to a 1/2 inch iron rod found for the most easterly, southeast corner of said Johnny N. Martinez and Josephine C. Martinez tract; THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 366.20 feet to a 5/8 inch iron rod found for the most southerly southeast corner of said Johnny N. Martinez and Josephine C. Martinez tract: THENCE North 43 degrees 30 minutes 27 seconds West, a distance of 1.270.11 feet to the POINT OF BEGINNING and containing 10.315 acres of land, more or less. Development Agreement—16.397±Acres Page 17 of 18 3099589 Exhibit B Building Materials Standards As used in this Agreement, the term"Building Materials Standards" shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings set forth or referenced in the following: 1. Ordinance No. 2017-22, Zoning Ordinance Section 3.4 (Residential Design Standards), as it exists or may be amended by Wylie in its sole discretion 2. The zoning ordinance applicable to the Property, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 3. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 4. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 5. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 6. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 7. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 8. Ordinance No. 2017-37, International Plumbing Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 9. Ordinance No. 2017-34, International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 10. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 11. Any other existing or future ordinance, rule or regulation adopted by the Wylie City Council that establishes a standard for a building product, material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building Development Agreement—16.397±Acres Page 18 of 18 3099589 Dallas County John F. Warren Dallas County Clerk *VG-364-2020-202000168538* Instrument Number: 202000168538 Real Property Recordings Recorded On: July 06, 2020 02:51 PM Number of Pages: 19 " Examined and Charged as Follows: " Total Recording: $94.00 ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 202000168538 CALEB VOLK Receipt Number: 20200706001287 830 CENTRAL PARKWAY E Recorded Date/Time: July 06, 2020 02:51 PM User: Kamesha W PLANO TX 75074 Station: CC47 STATE OF TEXAS �,.`a.,}NTY, T'=oi Dallas County Ilk4 I hereby certify that this Instrument was filed in the File Number sequence on the date/time �/ .k printed hereon,and was duly recorded in the Official Records of Dallas County,Texas ,,j//� John F. Warren o-� . ©y Dallas CountyClerk Boa , --- Dallas County, TX fN Wylie City Council CITY OF WYLI E AGENDA REPORT Meeting Date: October 27,2020 Item Number: H Department: WEDC (City Secretary's Use Only) Prepared By: Jason Greiner Account Code: Exhibits: Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30,2020. Recommendation Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30,2020. Discussion The Wylie Economic Development Corporation(WEDC)Board of Directors approved the attached financials on October 21,2020. Page 1 of 1 Wylie Economic Development Corporation MONTHLY FINANCIAL REPORT September 30,2020 ANNUAL CURRENT PRIOR YEAR PO YTD YTD ACTUAL BUDGET BALANCE "/OF BUDGET BUDGET MONTH ADJUST. ENCUMBRANCE ACCOUNT DESCRIPTION FY 2019-2020 FY 2019-2020 FY 2019-2020 FY 2019-2020 REVENUE SUMMARY CLAIM ON CASH/Bal Sheet $ 286,072.00 $ 1,716,054.22 SALES TAX $ 2,948,400.00 $ 508,614.91 $ - $ 2,898,538.51 $ - $ 49,861.49 98.31% A ALLOCATED INTEREST EARNING: $ 6,000.00 $ 73.37 $ - $ 3,927.16 $ - $ 2,072.84 65.45% RENTAL INCOME $ 155,040.00 $ 12,620.00 $ - $ 155,517.00 $ - $ (477.00) 100.31% GAIN/LOSS-SALE OF PROPERTY $ 1,782,226.00 $ - $ - $ 511,725.00 $ - $ 1,270,501.00 28.71% BANK NOTE PROCEEDS $ 996,500.00 $ - $ - $ 996,500.47 $ - $ (0.47) 100.00% B REVENUES $5,888,166.00 $ 521,308.28 $ - $4,566,208.14 $ - $ 1,321,957.86 77.55% EXPENDITURE SUMMARY PERSONNEL $ 440,285.00 $ 24,006.35 $ - $ 489,931.43 $ - $ (49,646.43) 111.28% OPERATING EXPENSES $ 73,509.00 $ 2,123.63 $ - $ 63,045.15 $ 257.30 $ 10,206.55 86.12% C INCENTIVES $ 519,691.00 $ 62,188.63 $ - $ 499,400.73 $ - $ 20,290.27 96.10% D SPECIAL SERVICES $ 242,871.00 $ 95,222.16 $ - $ 242,264.54 $ 259.76 $ 346.70 99.86% ADVERTISING $ 77,600.00 $ 10,625.00 $ - $ 55,230.21 $ 166.50 $ 22,203.29 71.39% COMMUNITY DEVELOPMENT $ 43,350.00 $ 282.87 $ - $ 33,070.65 $ 2,001.83 $ 8,277.52 80.91% TRAVEL&TRAINING $ 31,317.00 $ 805.00 $ - $ 15,508.23 $ 6,897.11 $ 8,911.66 71.54% DUES&SUBSCRIPTIONS $ 19,567.00 $ 145.32 $ - $ 14,949.46 $ 85.00 $ 4,532.54 76.84% AUDIT&LEGAL $ 23,000.00 $ 1,080.00 $ - $ 21,127.52 $ 1,533.00 $ 339.48 98.52% ENGINEERING&ARCHITECTURAL $ 36,600.00 $ - $ - $ 31,416.60 $ 5,100.00 $ 83.40 99.77% DEBT SERVICE $ 2,267,432.00 $ 52,160.85 $ - $ 2,045,625.36 $ - $ 221,806.64 90.22% LAND $ 1,456,906.00 $ - $ - $ 1,315,858.03 $ - $ 141,047.97 90.32% B INFRASTRUCTURE PROJECTS $ 573,000.00 $ - $ - $ 124.00 $ - $ 572,876.00 0.02% COMPUTER $ - $ - $ - $ 887.96 $ - $ (887.96) 0.00% FURNITURE&FIXTURES $ 500.00 $ - $ - $ - $ - $ 500.00 0.00% CONTRA CAPITAL $ - $ - $ - $ (1,315,881.36) $ - $ 1,315,881.36 0.00% TOTAL EXPENDITURES $5,805,628.00 $ 248,639.81 $ - $3,512,558.51 $ 16,300.50 $ 2,276,768.99 60.78% REV OVER/(UNDER) EXPEN $ 82,538.00 $ 272,668.47 $ - $1,053,649.63 $ (16,300.50) $ (954,811.13) A. SLSTX Rev earned in July,allocated in Sept.,was$259,257.89,an increase of 6.67%over the same period in 2019. Sales Tax received for 10 months of FY due to 2 month accrual to prior FY. B. Property Acquistions near Hwy 78 and Brown:City ROW,Collin County Properties,TxDOT pending Remaining funds drawn on ANB loan 88193982 approved in FY 18-19 to fund Hwy 78&Brown properties. C. Operating Expenses include Supplies,Maint Materials,Rental,Communication,Insurance and Utilities. D. Incentives paid this month include two CSD SLSTX Reimb. Wylie Economic Development Corporation Statement of Net Position As of September 30, 2020 Assets Cash and cash equivalents $ 1,718,054.22 Receivables $ 70,000.00 Note 1 Inventories $ 12,088,145.50 Prepaid Items $ - Total Assets $ 13,876,199.72 Deferred Outflows of Resources Pensions $ 134,955.55 Total deferred outflows of resources $ 134,955.55 Liabilities Accounts Payable and other current liabilities $ 85,144.16 Unearned Revenue $ 40,200.00 Note 2 Non current liabilities: Due within one year $ 105,151.21 Note 3 Due in more than one year $ 5,529,593.69 Total Liabilities $ 5,760,089.06 Deferred Inflows of Resources Pensions $ (1,490.41) Total deferred inflows of resources $ (1,490.41) Net Position Net investment in capital assets $ - Unrestricted $ 8,252,556.62 Total Net Position $ 8,252,556.62 Note 1: Includes incentives in the form of forgivable loans for$70,000 Note 2: Exco amortization;deposits from rental property Note 3: Liabilities due within one year includes compensated absences of$93,673 10-19-2020 08:39 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2020 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,716,054.22 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 249,357.02 1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1000-12996 LOAN RECEIVABLE 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - FORGIVEABLE LOANS 70,000.00 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 12,088,145.50 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED OUTFLOWS 831,600.00 14,957,156.74 TOTAL ASSETS 14,957,156.74 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 1.73 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 6,987.36 2000-20131 EDWARD JONES DEFERRED COMP 0.00 2000-20132 EMP CARE FLITE 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00 2000-20199 MISC PAYROLL PAYABLE 0.00 10-19-2020 08:39 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2020 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20201 AP PENDING 78,095.07 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 831,600.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED INFLOW 39,000.00 2000-22275 DEF INFLOW - LEASE PRINCIPAL 0.00 2000-22280 DEFERRED INFLOW - LEASE INT 0.00 2000-22915 RENTAL DEPOSITS 1,200.00 TOTAL LIABILITIES 956,944.16 EQUITY 3000-34110 FUND BALANCE - RESERVED 0.00 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 12,946,562.95 TOTAL BEGINNING EQUITY 12,946,562.95 TOTAL REVENUE 4,566,208.14 TOTAL EXPENSES 3,512,558.51 REVENUE OVER/(UNDER) EXPENSES 1,053,649.63 TOTAL EQUITY & OVER/(UNDER) 14,000,212.58 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 14,957,156.74 10-19-2020 08:39 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2020 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 37,244.29 1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 472.00 1000-19075 DEF OUTFLOW - INVESTMENT EXP 37,954.48 1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 59,284.78 1000-19125 (GAIN)/LOSS ON ASSUMPTION CHG( 725.41) 1000-19126 DEF INFLOW SDBF CONTRIBUTIONS( 765.00) 133,465.14 TOTAL ASSETS 133,465.14 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 11,530.82 2000-20311 COMP ABSENCES PAYABLE-CURRENT 93,673.00 2000-21410 ACCRUED INTEREST PAYABLE 11,478.21 2000-28205 WEDC LOANS/CURRENT 0.00 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28232 ANB LOAN/EDGE 0.00 2000-28233 ANB LOAN/PEDDICORD WHITE 0.00 2000-28234 ANB LOAN/RANDACK HUGHES 0.00 2000-28235 ANB LOAN 0.00 2000-28236 ANB CONSTRUCTION LOAN 0.00 2000-28237 ANB LOAN/ WOODBRIDGE PARKWAY 96,900.47 2000-28238 ANB LOAN/BUCHANAN 0.00 2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 2000-28240 HUGHES LOAN 0.00 2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 4,095,819.31 2000-28245 ANB LOAN/DALLAS WHIRLPOOL 853,096.83 2000-28247 JARRARD LOAN 202,935.09 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 2000-28290 HOBART/COMMERCE LOAN 0.00 2000-29150 NET PENSION LIABILITY 262,947.17 2000-29151 SDBF LIABILITY 6,364.00 TOTAL LIABILITIES 5,634,744.90 10-19-2020 08:39 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2020 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 6,117,522.11) 3000-35900 UNRESTRICTED NET POSITION ( 120,264.00) TOTAL BEGINNING EQUITY ( 6,237,786.11) TOTAL REVENUE ( 996,500.47) TOTAL EXPENSES ( 1,733,006.82) REVENUE OVER/(UNDER) EXPENSES 736,506.35 TOTAL EQUITY & OVER/(UNDER) ( 5,501,279.76) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 133,465.14 Wylie Economic Development Corporation SALES TAX REPORT September 30, 2020 BUDGETED YEAR DIFF % DIFF I MONTH FY 2017 FY 2018 FY 2019 FY 2020 19 vs. 20 19 vs. 20 DECEMBER $ 197,807.79 $ 184,848.59 $ 214,867.15 $ 226,663.94 $ 11,796.79 5.49% JANUARY $ 196,347.26 $ 191,895.71 $ 223,749.61 $ 218,520.22 $ (5,229.39) -2.34% 1 FEBRUARY $ 276,697.76 $ 275,667.83 $ 307,366.66 $ 362,129.18 $ 54,762.52 17.82% MARCH $ 191,647.73 $ 182,852.50 $ 208,222.32 $ 228,091.34 $ 19,869.03 9.54% APRIL $ 168,844.20 $ 163,484.89 $ 182,499.53 $ 203,895.57 $ 21,396.05 11.72% MAY $ 244,816.19 $ 203,707.17 $ 274,299.18 $ 289,224.35 $ 14,925.18 5.44% JUNE $ 191,732.46 $ 199,412.29 $ 234,173.88 $ 239,340.35 $ 5,166.47 2.21% JULY $ 223,570.59 $ 213,976.64 $ 215,107.94 $ 296,954.00 $ 81,846.06 38.05% AUGUST $ 261,573.00 $ 249,589.63 $ 283,602.93 $ 325,104.34 $ 41,501.40 14.63% SEPTEMBER $ 210,974.00 $ 213,425.79 $ 243,048.40 $ 259,257.89 $ 16,209.49 6.67% OCTOBER $ 195,549.11 $ 210,701.71 $ 224,875.38 $ - $ - $ - NOVEMBER $ 267,816.13 $ 273,196.62 $ 308,324.41 $ - $ - $ - Sub-Total $ 2,627,376.22 $ 2,562,759.35 $ 2,920,137.37 $ 2,649,181.19 $ 262,243.60 10.92% Total $ 2,627,376.22 $ 2,562,759.35 $ 2,920,137.37 $ 2,649,181.19 $ 262,243.60 10.92% WEDC Sales Tax Analysis I $400,000 $350,000 $300,000 $250,000 $200,000 2019 $150,000 ■2020 $100,000 $50,000 $0 t SA ato r s` eo ca t t QQ S �a�o� �aa �� fa a J� e? o� . e , Qe �e �o Wylie Economic Development Corporation PERFORMANCE AGREEMENT REPORT September 30, 2020 TOTAL BUDGETED YEAR REMAINING PREVIOUS TOTAL INCENTIVE AFTER PAYMENTS INCENTIVE PERFORMANCE AGREEMENTS FY 2019-2020 FY 2021 FY 2022 FY 2023 FY 2024 CURRENT FY CSD WOODBRIDGE $ 1,100,000.00 $ 129,437.89 $ 150,000.00 $ 150,000.00 $ 41,257.82 $ - $ 341,257.82 $ 629,304.29 $ 1,100,000.00 A EXCO $ 80,000.00 $ 20,000.00 $ - $ - $ - $ - $ - $ 60,000.00 $ 80,000.00 B SAF-HOLLAND $ 208,883.01 $ 54,901.11 $ 85,810.58 $ - $ - $ - $ 85,810.58 $ 68,171.32 $ 208,883.01 C CARRIE ELLE $ 5,000.00 $ 2,500.00 $ - $ - $ - $ - $ - $ 2,500.00 $ 5,000.00 ROCKING M $ 89,500.00 $ 89,500.00 $ - $ - $ - $ - $ - $ - $ 89,500.00 DANK $ 83,000.00 $ 83,000.00 *** $ - $ - $ - $ - $ - $ 83,000.00 D DCU $ 106,003.13 $ 19,489.00 $ - $ - $ - $ - $ - $ 86,514.13 $ 106,003.13 SCSD-FINNELL, LTD $ 175,000.00 $ 87,500.00 $ 87,500.00 $ - $ - $ - $ 87,500.00 $ - $ 175,000.00 CARDINAL STRATEGIES $ 106,800.00 $ 32,000.00 $ 24,933.00 $ 24,933.00 $ 24,934.00 $ - $ 74,800.00 $ - $ 106,800.00 AVANT!,LLC $ 120,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ - $ 90,000.00 $ - $ 120,000.00 CROSS DEVELOPMENT $ 250,000.00 $ - $ 250,000.00 $ - $ - $ - $ 250,000.00 $ - $ 250,000.00 NORTH DALLAS, LLC $ 120,000.00 $ - $ 60,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 120,000.00 $ - $ 120,000.00 SAVANNAH WOODBRIDGE $ 90,000.00 $ - $ 45,000.00 $ 45,000.00 $ - $ - $ 90,000.00 $ - $ 90,000.00 WYLIE INSURANCE $ 27,500.00 $ - $ 15,000.00 $ 12,500.00 $ - $ - $ 27,500.00 $ - $ 27,500.00 CBC PROPERTY HOLDINGS $ 50,000.00 $ - $ 25,000.00 $ 25,000.00 $ - $ - $ 50,000.00 $ - $ 50,000.00 FIRST MIRACLE, INC(LANDON) $ 11,800.00 $ - $ 11,800.00 $ - $ - $ - $ 11,800.00 $ - $ 11,800.00 $2,623,486.14 $ 548,328.00 $785,043.58 $307,433.00 $116,191.82 $20,000.00 $1,228,668.40 $846,489.74 $2,623,486.14 Deferred Out Flow $ 831,600.00 A. SLSTX Reimbursement Qrtly Pmnts B. Performance Agreeement and Forgiveable Land Grant. Remaining$70,000 scheduled in 2021 C. Performance Agreeement and Partial Tax Reimbursement. $45,000 for Job Creation&50% Reimb.of App Val. above the Baseline of$14,375,324 D. FY 2021 Reimbursement was pulled forward to FY 2020 to assist with COVID IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: I Department: Municipal Court (City Secretary's Use Only) Prepared By: Lisa Davis Account Code: Date Prepared: 10/13/2020 Exhibits: Contract and Survey Subject Consider,and act upon,an agreement authorizing the appointment of Art Maldonado as Municipal Court Judge for the City of Wylie effective November 1,2020, setting terms and stipend of service. Recommendation Motion to approve an agreement for the appointment of Art Maldonado as Municipal Court Judge for the City of Wylie effective November 1,2020, setting terms and stipend of service. Discussion Article IV, Section 3b of the City of Wylie Charter states "The City Council shall appoint a judge of the municipal court, who shall be a competent,duly qualified, licensed attorney in the State of Texas. The judge of the municipal court shall be appointed to a term of two years, and may be appointed to additional and consecutive terms, upon completion of his term of office. The appointment of the judge may be terminated by a majority vote of the City Council. The judge shall receive compensation as may be determined by the City Council. This compensation shall be fixed, and commensurate with the duties performed by the judge." The appointment of the Municipal Court Judge is for a two-year term effective November 1, 2020 through October 31, 2022,and may be renewed for another two(2)year term.Compensation for services provided by the Municipal Court Judge is a set monthly rate of$3,000.00(average $93.75 an hour based on 32 hours). This reflects an increase of$1,000.00 in his monthly payment. This increase is recommended to be in line with the average rate for licensed attorneys serving as Municipal Court Judges. Municipal Court Judge Art Maldonado(part-time)works approximately 32 hours per month(signs warrants,does prisoner arraignments,and has four court dockets per month).With the re-opening of the jail,and the addition of the STEP program, our dockets will continue to increase. In addition,the Police Department(PD)calls him to do phone or video arraignments, and to sign warrants after hours. Judge Art Maldonado has served the City for 13 years as the Municipal Court Judge. It is recommended that Judge Maldonado continue to provide service to the City as the City of Wylie Municipal Court Judge. Page 1 of 1 MUNICIPAL COURT JUDICIAL SERVICES AGREEMENT—PRESIDING JUDGE The City of Wylie, Texas, a home-rule municipality ("Wylie"), and Art Maldonado ("Contractor")hereby enter into this Municipal Court Judicial Services Agreement("Agreement"). Wylie and Contractor are sometimes referred to collectively as the "parties" or individually as a "party." WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has established and maintains the Wylie Municipal Court and appoints judges as may be necessary to serve the Court pursuant to Article IV, § 3 of Wylie City Charter; and WHEREAS, Contractor desires to contract with Wylie to provide such judicial services as the presiding judge for the Wylie Municipal Court under the terms and conditions of this Agreement; and WHEREAS, Contractor represents and warrants that through education and experience, Contractor possesses the requisite skills to provide such judicial services in a professional and competent manner; and WHEREAS, Wylie and Contractor acknowledge and agree that this Agreement is not an employment agreement and does not establish a relationship of employer and employee between Wylie and Contractor, but defines a relationship between the parties wherein the Contractor is in fact an independent contractor of Wylie; and WHEREAS, Contractor reserves independence to act within the limits imposed by law and professional obligations such that Wylie's objectives during the term of this Agreement will be furthered through means the Contractor considers appropriate in accordance with Contractor's professional obligations and as may be required by the Texas Code of Judicial Conduct and other applicable rules and regulations. NOW,THEREFORE,in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Scope of Services. Contractor shall provide judicial services as the presiding judge in Wylie Municipal Court and shall furnish all labor, equipment, supplies and all other items necessary to provide the services and deliverables as specified by the terms and conditions of this Agreement (collectively, "Services"). The Services include, but are not limited to, the following: (a) Hearing and consideration of cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (b) Presiding over Wylie Municipal Court dockets, including pretrial conferences, pretrial hearings, plea and arraignments proceedings, trials and other proceedings scheduled and assigned to Contractor in the Wylie Municipal Court; Municipal Court Judicial Services Agreement—Presiding Judge Page 1 of 7 3068664 (c) Issuing appropriate rulings and orders in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (d) Perform magistrate, arraignment and warrant duties scheduled and assigned to Contractor; (e) Communicating with Wylie Municipal Court staff, judges, prosecuting and defending attorneys, defendants and other participants in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (f) Establishing the times and days for the court dockets; (g) Performing such other functions within Wylie Municipal Court normally required of a municipal court presiding judge; and (h) Providing Wylie timely updates regarding changes in the scope and nature of the Services provided hereunder that may affect operations, policies or activities of Wylie Municipal Court and making recommendations on improving the quality and efficiency of the Services provided hereunder. Contractor shall perform the Services at the dockets to which he/she may be scheduled. If Contractor is unavailable to complete these Services, it shall be the duty of Contractor to seek an alternative method of fulfilling these duties through another Wylie-appointed Judge. 2. Term; Termination. The term of this Agreement shall commence on the Effective Date (hereinafter defined) of this Agreement and shall continue in effect until the second anniversary of the Effective Date, unless terminated earlier in accordance with this Agreement or the City Charter. Wylie shall have the option to extend this Agreement for additional terms of two (2) years each on the same terms and conditions by giving Contractor written notice of its intent to extend prior to the expiration of the then-current two (2) year term, provided that the City Council has re-appointed Contractor as the presiding judge in accordance with Section 4.03 of the City Charter. Wylie is entitled to terminate this Agreement at any time for any reason or for no reason by giving Contractor written notice of termination, removal or non-appointment. Contractor is entitled to terminate this Agreement at any time for any reason or for no reason by giving Wylie at least thirty (30) days' prior written notice of the termination date. The term of this Agreement shall automatically terminate on the date that Contractor ceases to maintain all necessary qualifications to serve as a judge for the Wylie Municipal Court, including but not limited to being a licensed attorney in good standing and/or having two or more years of experience in the practice of law in Texas should the Wylie Municipal Court be converted to a municipal court of record. 3. Compensation;Billing. In exchange for Contractor's provision of the Services as described in this Agreement, Wylie agrees to pay Contractor at the rate of$3,000.00 per month of Municipal Court Judicial Services Agreement—Presiding Judge Page 2 of 7 3068664 work actually performed by Contractor under this Agreement. Such amount shall be payable on a monthly basis at the time and in the manner determined by Wylie. Wylie is entitled to withhold,deduct and pay from such amount applicable income and other payroll taxes,but in no event shall such actions by Wylie alter the parties' independent contractor relationship or entitle Contractor to any employment,insurance,vacation or other benefits. In this regard, Contractor shall defend, indemnify and hold harmless Wylie from any and all liability which may result from the failure to withhold, and/or the withholding of, any sums from the monies payable to Contractor under this Agreement, including, but not limited to,any taxes,interest or penalties owed to the Internal Revenue Service or any other party. No additional compensation shall be due to Contractor for any travel to or from Wylie or for travel to any hearings, trials or other proceedings. Notwithstanding anything to the contrary herein, Wylie shall not be required to pay Contractor if Contractor is in breach of this Agreement. As an appointed official, Contractor agrees to perform the service required by the position of presiding judge and is not limited to or guaranteed a preset number of hours per week or per month to perform such services. Contractor is expected to engage in those hours of work which are necessary to fulfill the obligations of Contractor's position. Contractor acknowledges that the proper performance of duties as presiding judge will often require the performance of necessary services at times and for extended periods other than as scheduled. Contractor agrees to devote such additional time as is necessary for the full and proper performance of duties and that the compensation herein provided for includes compensation for the performance of all such Services. 4. Cooperation. Contractor acknowledges that Wylie is entitled, in its sole discretion, to contract with and/or assign other judges to provide the same or similar judicial services for Wylie Municipal Court, and Contractor agrees to fully cooperate with Wylie and any such other judges in this regard, including but not limited to, coordinating the scheduling and coverage of the dockets and other needs of Wylie Municipal Court. 5. Conflicts. Wylie recognizes that Contractor may represent clients as an attorney. During the term of this Agreement, Contractor shall not represent any person or entity or otherwise engage in the practice of law in a matter directly adverse to Wylie, in an adversarial capacity before the Wylie City Council or any of its courts, agencies, boards or commissions, or in a matter that Wylie determines is adverse to the interests of Wylie. Further, Contractor represents that Contractor does not have any personal, business or financial interests or relationships which would cause a reasonable individual with knowledge of the relevant facts to question the integrity or impartiality of Contractor in performing the Services. Contractor shall evaluate on an ongoing basis whether, in Contractor's professional judgment, a conflict may become apparent or imminent. In the event that Contractor believes a conflict may develop or has developed, Contractor shall immediately communicate with Wylie about the perceived potential conflict. 6. Professional Obligations. Contractor must complete the minimum number of hours of Municipal Court Judicial Services Agreement—Presiding Judge Page 3 of 7 3068664 instruction annually in the performance of the duties of a municipal court presiding judge as required by the laws of the State of Texas and any applicable rule or statute. Wylie shall pay the reasonable cost of such required training, including required books and materials upon receipt by Wylie of written invoices for the same. Contractor shall ensure that official copies of records documenting such training shall be kept and maintained at all times. The Contractor shall provide proof of current certification from the State Bar of Texas on October 1 of each year during the term of this Agreement. 7. Entire Agreement. This Agreement contains all representations,understandings, contracts and agreements between the parties regarding the subject matter of this Agreement. This Agreement supersedes all oral or written previous and contemporaneous agreements, writings, understandings, representations or contracts between the parties regarding the subject matter of this Agreement. No amendment to this Agreement shall be made except on the written agreement of the parties,which shall not be construed to release either party from any obligation of this Agreement except as specifically provided for in such amendment. 8. No Supervisory Capacity. Contractor acknowledges that the clerks of the Wylie Municipal Court are supervised by the City Manager as administrative employees and that Municipal Court prosecutors are supervised by the City Attorney. Contractor does not serve in a supervisory role as to any of these or other employees of Wylie except with regard to judicial procedures of the court. However, he/she shall consult with the appropriate department head or City Manager concerning needed improvements or problems that come to his/her attention through his/her service under this Agreement. 9. No Prohibited Interest. Contractor acknowledges and agrees that it is aware of, and will abide by, the no prohibited interest requirement of Wylie City Charter. Contractor acknowledges and agrees that the existence of a prohibited interest during the term of this Agreement will render this Agreement voidable. 10. Liability. To the fullest extent permitted by law, Contractor shall be fully and solely responsible and liable for Contractor's own acts and omissions and for any and all damage to Contractor's equipment and other property. Wylie assumes no such responsibility or liability. Wylie shall have no such responsibility or liability to Contractor. 11. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes,ordinances,regulations and policies,as they exist,may be amended or in the future arising,applicable to Contractor and its work under this Agreement. If Contractor observes or is notified that the work under this Agreement is at variance with applicable laws, statutes,ordinances,regulations and policies, Contractor shall immediately notify Wylie in writing. 12. Assignment. Contractor agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of Wylie. 13. Savings/Severability. In the event that a term, condition or provision of this Agreement is Municipal Court Judicial Services Agreement—Presiding Judge Page 4 of 7 3068664 determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction,then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been included in this Agreement. 14. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. Attorneys' Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Wylie and Contractor, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal. 16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 17. No Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect,limit, or waive such party's right thereafter to enforce and compel strict compliance. 18. Headings. The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 19. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party a via hand-delivery service, or to any courier service that provides a return receipt showing the date of actual delivery of the same to the addressee thereof. Notice given in accordance herewith shall be effective on receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Contractor, to: Art Maldonado 2770 Main Street, Suite 91 Frisco, TX 75033 If to Wylie, to: City of Wylie Attn: City Manager, Chris Holsted 300 Country Club Rd Municipal Court Judicial Services Agreement—Presiding Judge Page 5 of 7 3068664 Wylie, Texas Email: chris.holsted@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd& Hullett, P.C. Attn.: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4054 Email: rpittman@abernathy-law.com 20. Representations. Each party states that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. Independent Contractor. Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of Wylie; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing the same; that the doctrine of respondent superior shall not apply as between Wylie and Contractor; and that nothing herein shall be construed as creating a partnership or joint enterprise between Wylie and Contractor. Neither Contractor nor his agents or employees shall be deemed to be an employee of Wylie for any purpose whatsoever. Contractor shall not be eligible to participate in any benefit program provided by Wylie for its employees. Contractor shall be exclusively responsible for the payment of his/her own taxes, withholding payments, penalties, fees, fringe benefits, contributions to insurance and pension or other deferred compensation plans, including but not limited to worker's compensation and Social Security obligations, professional fees or dues. Wylie may arrange to provide space for Contractor to use to facilitate access to the Municipal Court staff and others. The provision of space is not compensation, nor does it change the nature of the relationship from that of independent contractor. Contractor agrees to make use of the space, if any, as an accommodation to Wylie and only to conduct business in accordance with this Agreement. 22. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of the authorized representatives of Wylie and Contractor. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. Municipal Court Judicial Services Agreement—Presiding Judge Page 6 of 7 3068664 24. No Waiver of Immunity. The parties acknowledge and agree that, in executing and performing this Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein 25. Chapter 2270 Certification. In accordance with Chapter 2270 of the Texas Government Code, Contractor hereby certifies that Contractor (a) does not boycott Israel; and (b) will not boycott Israel during the term of any contract with Wylie, including during the term of this Agreement. 26. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes.An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE,TEXAS By: Printed Name: Title: Date: By: Printed Name: Date: Municipal Court Judicial Services Agreement—Presiding Judge Page 7 of 7 3068664 • WAU Municipal Court Judge tf Peer Survey CITY Or WYLIE October 2020 City Presiding Judge Pay Associate Judge Pay Schedule FT/PT Allen Carrollton Frisco $66.14 per hour $56.53 per hour FT Garland $64.91 per hour $62.50 per hour FT Keller Lancaster $5,109.14 per month N/A 32 hours per month PT McKinney $67.38 per hour N/A 40-50 hours per month for Presiding; Murphy flat rate of$2,500/month $335/docket(2 hours);$60/blood-search warrant;$60r as needed for Associate PT Plano $76.70 per hour $63.93 per hour Richardson $100.00 per hour $90.00 per hour PT Rockwall $400.00 per session N/A 24 hours per month PT Rowlett $400.00 for each court session&$60.00 for each signature for things like warrants,affidavits, 8 hours per month for court sessions, Sachse magistrates warnings,etc. N/A and as needed for jail arraignments PT Updated 08/30/2019 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: J Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Revenue and Expenditure Date Prepared: October 13, 2020 Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for September 30, 2020. Recommendation Motion to accept,and place on file,the City of Wylie Monthly Revenue and Expenditure Report for September 30,2020. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT September 30,2020 PRELIMINARY ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 31,772,141 518,516 31,102,247 97.89% A FRANCHISE FEES 2,768,000 241,416 2,750,904 99.38% LICENSES AND PERMITS 1,020,990 90,319 1,020,632 99.96% INTERGOVERNMENTAL REV. 1,824,729 386,821 1,470,563 80.59% B SERVICE FEES 3,613,704 377,009 3,776,824 104.51% C FINES AND FORFEITURES 397,500 17,790 221,862 55.81% D INTEREST INCOME 209,000 965 75,709 36.22% E MISCELLANEOUS INCOME 191,229 8,758 192,068 100.44% OTHER FINANCING SOURCES 2,730,030 10,288 3,286,585 120.39% F REVENUES 44,527,323 1,651,882 43,897,394 98.59% USE OF FUND BALANCE 2,900,000 2,900,000 2,900,000 100.00% G USE OF CARRY-FORWARD FUNDS 115,271 NA NA NA H TOTAL REVENUES 47,542,594 4,551,882 46,797,394 98.43% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 92,331 4,110 57,084 61.83% CITY MANAGER 1,193,778 75,076 1,104,820 92.55% CITY SECRETARY 382,921 22,625 314,347 82.09% CITY ATTORNEY 170,000 13,342 124,435 73.20% FINANCE 1,208,300 127,542 1,154,113 95.52% FACILITIES 916,637 59,545 633,303 69.09% MUNICIPAL COURT 562,090 26,081 398,066 70.82% HUMAN RESOURCES 669,684 47,793 563,397 84.13% PURCHASING 192,611 13,793 177,207 92.00% INFORMATION TECHNOLOGY 2,023,633 85,423 1,487,354 73.50% POLICE 10,817,411 764,857 9,972,598 92.19% FIRE 8,797,391 683,576 8,279,433 94.11% EMERGENCY COMMUNICATIONS 1,897,821 95,421 1,673,606 88.19% ANIMAL CONTROL 631,694 43,986 536,472 84.93% PLANNING 314,136 22,839 285,415 90.86% BUILDING INSPECTION 557,834 43,262 521,439 93.48% CODE ENFORCEMENT 258,856 15,928 214,176 82.74% STREETS 3,868,066 459,967 3,094,819 80.01% PARKS 2,596,775 276,322 2,295,620 88.40% LIBRARY 2,157,053 176,753 2,007,271 93.06% COMBINED SERVICES 7,750,603 421,658 7,293,779 94.11% TOTAL EXPENDITURES 47,059,625 3,479,899 42,188,755 89.65% REVENUES OVER/(UNDER)EXPENDITURES 482,969 1,071,983 4,608,639 8.78% A.Property Tax Collections for FY19-20 as of September 30,2020 are 99.75%,in comparison to FY18-19 for the same time period of over 100%. Sales tax is on a 2 month lag. Sales Tax is up 10.98% from YTD FY 2019. B.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. Lucas and Fairview paid in full FY 2020 dispatcher reimbursement of$159k. C.Service Fees:Trash fees billed in October are applicable towards FY 2018-19 revenue with the remaining fees coming from other seasonal fees. Development Fees are up 22%from September 2019 YTD due to Collin College fees. D. Fines and Forfeitures are down 27%from September YTD 2019 which is a continuation of the decreasing trend in fines. E. The Interest rate has gone from 2.39%in July 2019 when budget was prepared to.1405%for September 2020. F.Insurance Recoveries of$464,554 from the Hail Storm. G.Use of Fund Balance:$1.2 million transfer to PSB Renovation/Expansion Fund and$1.7 million transfer to Fire Station Construction Fund. H.Carry Forward items: MCCi Consulting Services$42,271,Library Projects$43,000,3/4 Ton Pickup$30,000. CITY OF WYLIE MONTHLY FINANCIAL REPORT September 30,2020 PRELIMINARY ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100 ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 20,707,808 2,501,576 20,712,466 100.02% INTEREST INCOME 72,000 716 34,430 47.82% MISCELLANEOUS INCOME 33,000 1,520 22,546 68.32% OTHER FINANCING SOURCES 0 0 44,029 0.00% REVENUES 20,812,808 2,503,812 20,813,471 100.00% USE OF FUND BALANCE 1,251,150 NA 1,251,150 100.00% J USE OF CARRY-FORWARD FUNDS 540,580 NA NA NA K TOTAL REVENUES 22,604,538 NA 22,064,621 97.61% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,246,849 60,914 876,307 70.28% UTILITIES-WATER 2,945,773 160,666 1,480,424 50.26% L UTILITIES-SEWER 1,432,669 135,984 910,517 63.55% M UTILITY BILLING 1,107,033 135,119 996,387 90.01% COMBINED SERVICES 15,543,488 467,462 14,126,612 90.88% N TOTAL EXPENDITURES 22,275,812 960,145 18,390,247 82.56% REVENUES OVER/(UNDER)EXPENDITURES 328,726 1,543,667 3,674,374 15.05% I.Most Utility Fund Revenue billed in October was applicable to FY 2018-19.Sewer Sales are 5%over budget and Water Sales are at 97%of budget with 11 months of revenue. J.Use of Fund Balance:For Replacement/New Fleet&Equipment. K.Carry Forward Items: Water Line Replacements$386,900,Rush Creek Odor Control$76,224,Utility Billing Bullet Proof Glass$60,000,Misc Engineering Design$17,456. L.Approximately$775K will be carried forward to FY 2021 to complete projects. The largest is the pump station power generators at$601 K. M.$100K will be carried forward to FY 2021 for wastewater plant decommissioning design. N.Annual transfer to the General Fund of$2.3 million. Other expenses are payments to NTMWD for water minimum and sewer treatment. IA/ VIP Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27, 2020 Item Number: K Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: October 13, 2020 Exhibits: Report Subject Consider, and place on file,the City of Wylie Monthly Investment Report for September 30, 2020. Recommendation Motion to accept, and place on file,the City of Wylie Monthly Investment Report for September 30, 2020. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 City Of Wylie 2019-2020 Investment Report September 30,2020 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,393,419.05 MMA 0.1474% Texpooi 12/31/2006 NA 2 $15.942,233.59 MMA 0.1339% TexStar 3/15/2011 NA $31,335,652.64 Total Weighted Average Coupon: 0.1405% Money Markets: $31,335,652,64 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,335,652.64 Weighted Average Coupon 3,DM fI mei . I 1 44Y COCA Sep2019 Oct2019 Hoy 1019 Dec 2019 fan 2020 Feb2020 March 2020 April 2020 May2020 Jun 2020 Jul 2020 Aug 2020 Sep2010 f#far-1-4(-32,) i Pi nce Director/Investment Officer IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 21,2020 Exhibits: 5 Subject Tabled from 10-13-2020 Remove from table and consider Hold a Public Hearing,consider,and act upon,a change of zoning from Agricultural District(AG/30)to Agricultural District Special Use Permit (AG/30-SUP), to allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres,generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12) Recommendation Tabled from 10-13-2020 Remove from table and consider Motion to approve a change of zoning from Agricultural District (AG/30) to Agricultural District Special Use Permit (AG/30-SUP),to allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres, generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12) Discussion OWNER: NTMWD APPLICANT: Huitt-Zollars,Inc. REMOVE FROM TABLE North Texas Municipal Water District is requesting a Special Use Permit (SUP) within the current Agricultural Zoning district to allow for conditions for the continued use and expansion of an existing Waste Water Treatment Plant on 50.322 acres. Council tabled this request at the October 13, 2020 meeting, citing concerns of tree preservation and the berm height. The SUP conditions have been revised to preserve hundreds of trees, especially large cedar elms, and increase the height of the berm. Texas state law prohibits municipalities from excluding Separate Political Subdivisions, such as an ISD or Utility District, from a zoning category. However, the law allows municipalities to enforce other zoning regulations on the property. In essence a situation of, `cannot regulate where to build it, but regulate how to build it.' As such, the requested SUP sets conditions on the underlying site,not the use itself. Page 1 of 1 Page 2 of 2 The revised SUP conditions require the NTMWD to provide a—150-foot landscaped buffer(Exhibit A)that includes; - A 10-foot clearing/easement for the installation and maintenance of a fence as required by the Texas Commission on Environmental Quality(TCEQ). - A 50-foot wide `natural area' that will preserve the existing trees to the fullest extent possible. - A minimum 75-foot wide berm being a minimum of eight-foot-high with an approximate 4:1 slope. - A minimum 10-foot wide clearing at the inside base of the berm. These conditions will provide ample screening of the site along the frontage of Pleasant Valley Road and the adjacent border of the Dominion of Pleasant Valley residential development. The revised SUP conditions allow the NTMWD to conduct further development of the site while preserving or mitigating all trees of 12"caliper or larger on the 19.3 acres of undeveloped area. While maintaining Agricultural Zoning, the Special Use Permit contains design standards that match the restrictions of development within a Heavy Industrial Zoning district,being in line with the use on the property. Those design standards include allowing tilt-wall construction and restricting service and loading areas. Lastly,the SUP allows the zoning to revert to AG/30 district should the NTMWD cease to own the property or operate the wastewater treatment plant. Notifications/Responses: Four notifications were mailed; with no responses received. 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'F r!�cv `'it '�yh. tY' n �f 4 ! .,�' �`t. ,,S' : • - « ,, 1, / �• � ( .� • `;fib.;: ., rs , _. . . Nki" ih.. ." ge: 0.11.•-s:#: 4, ''i \,.'.N.,;',..'. ' ' t1 .. #4,4K. "" '..:4, ZC 2020-12; Muddy Creek WWTP; SUP ...,,,,,,,,./, ' :74,......, ... . -,... -,...v.,-.:14 . 1A/ ,,,,,ii,,,,..,,, ),,,,:o.'' s-• .:, ,,,, '• r� 1 eeeee L `1• °°♦ee Subject Property " ._, `'^� fi`j ,(: CITY OF L- ! -077 N 0 240 480 960 1,440 1,920 Feet WY L I E -�- i�; ; +}` y 4 1 1 1 1 1 1 I I 1 1 i i I Legal Description for Muddy Creek Waste Water Treatment Plant BEING a tract of land, situated in the Guadalupe De Los Santos Survey,Abstract No. 1384, in the City of Wylie, Dallas County,Texas, and being a portion of a called 84.98-acre tract as conveyed to H.A. Walker and evidenced in a Partition Deed recorded in Volume 76174 at Page 2546 of the Deed Records of Dallas County,Texas (DRDCT) and being more particularly described by metes and bounds as follows (bearings based on the northwest line of said 84. 98-acre tract,said bearing being North 44 degrees 53 minutes East): BEGINNING at a 1/2-inch iron rod found in a barbed-wire fence for the east corner of said 84.98-acre tract, and the south corner of"Tract No. 1," a called 68.11-acre tract as conveyed to Southwestern Medical Foundation and evidenced in a Deed of Gift with Special Warranty recorded in Volume 93187 at Page 4726 DRDCT said iron rod also being on the current northwest right-of-way line of Pleasant Valley Road (a called 100-foot wide right-of-way); THENCE in a southwesterly direction, along the southeast line of said 84.98-acre tract and the northwest right-of-way line of said Pleasant Valley Road and generally along said barbed-wire fence,the following: South 45 degrees 25 minutes 53 second West, a distance of 864.26 feet to a point for corner; South 45 degrees 55 minutes 53 seconds West, a distance of 529. 88 feet to a point for corner; South 45 degrees 44 minutes 53 seconds West, a distance of 376 .19 to a 1/2-inch iron rod found for corner; THENCE North 44 degrees 15 minutes 08 seconds West, departing the southeast line of said 84.98-acre tract and the northwest right-of-way line of said Pleasant Valley Road, a distance of 200.00 feet to a 1/2- inch iron rod found for corner; THENCE North 15 degrees 26 minutes 24 seconds West, a distance of 1,514.55 feet to a 1/2-inch iron rod found in an old barbed wire fence line on the northwest line of said 84. 98-acre tract and the southeast line of a called 142.76-acre tract as conveyed to Ronald R. Graves, et al (an undivided 28% interest) and Roddy V. Graves, et ux (an undivided 72% interest) and evidenced in a deed recorded in Volume 90023 at Page 0584 DRDCT and Volume 3190 at Page 529 of the Real Property Records of Collin County,Texas (RPRCCT); THENCE North 44 degrees 53 minutes 00 seconds East, along the northwest line of said 84.98-acre tract and the southeast line of said 142.76-acre tract and generally along said barbed-wire fence, a distance of 994.96 feet to a 1/2-inch iron rod found for the north corner of said 84.98-acre tract, same being the west corner of said 68 .11-acre Southwestern Medical Foundation tract; THENCE South 45 degrees 56 minutes 51 seconds East, along the northeast line of said 84. 98-acre tract and the southwest line of said 68 .11 acre tract, a distance of 1,539.67 feet to the POINT OF BEGINNING and CONTAINING 50.322 acres, more or less. Page 1 of 1 PROPOSED M DDY CREEK RWWTP SCREENING w Z ----12' .- >- r w 0_ �4 1 rY 8' w 0 z W �14'___ 76' BERM SCREEN 50' TREE SCREEN (PRESERVE EXIST TREES) 10' MAINT. AREA- --11■-- 150' BL LJER ZONE // // SPARROW I CRY C-o EKSIDE / / WYLIE DPV Ay / / D 1 TRACT 4, GUADALUPE DE LOS SANTOS ABSTRACT SITE / �' hti // / o INST. #201300334381 DRDCT LOCATION `S �, / / � ZONING: PD "s �`` � � � / / 994.96' N44°53'00"E �`" / G J �°�t"E"' F / / m —I �L t �P� C°tt°nw°••• _ _ �/ / / D `°� �y*, `,\1 "gyp / /— // - 25' B.L. rn o 25' B.L. e it, oti 4 / / / / �� rOno r CRY — — /� / :(7 \ Sf t # /.�r / / OO / / m \ HERITAGE a 4 �I 0 z N J o � •/ ��\ FUTURE LANDSCAPE BERM - - - 0 %. e V z • /� Off/ Q� \ N // / '� / �<v 1150 BUFFER ZONE Q�F" Q �*. UBERTY / II GROVE / / � �/ hoo � / z VICINITY MAP L 12'-0" //// / / ///;/ 50'-0" TREE SCREEN �/ / 76'-0° �A10N1T. AREA / B RM SCREEN /// // / WYLIE DPV Lr / / TRACT 6, GUADALUPE DE LOS of / / I SANTOS ABSTRACT 2 /// // / INST. #201300334379 DRDCT '(t� ZONE AE / // / I ZONING: PD// / / / / Z I g 0 80' 160' EXISTING WOODED AREA w J/ / m 0° SCALE IN FEET DALS COUNTY / z w in H: 1" = so' TRACT 13.1, GUADALUPE DE LOS SANTOS ABSTRACT . / /I // _� / o 0- N VOL. 97014, PG 2128 DRDTC �' / / tip/ L. C w o ZONING: AG/30 ri° // /� i // ���� ID QLEGEND / J / °Dw//� I CO b TREE LINE / — // / NORTH TEXAS MUNICIPAL WATER DISTRICT D I MANHOLE / / TRACT 13, GUADALUPE DE LOS SANTOS ABSTRACT L` / /1 / / / VOL. 97136, PG. 3071 DRDCT FLOODPLAIN // / /v // / ZONING: AG/30 I // / e // / 50.322 ACRES PROJECT SCHEDULE / / / / N i/ / 2002 — 2004 PLANT CONSTRUCTION. 5 MGD / �i - - / 2006 — 2007 PLANT EXPANSION TO 10 MGD / 2009 &2010 PLANT TREATMENT PROCESS IMPROVEMENTS / // / 2018 — 2019 PLANT CONTROL BACKUP POWER IMPROVEMENTS / / \ \ & I /LIFT STATION / � \ 2021 ADMINISTRATION BUILDING EXPANSION BUILDING D O OR ��� �„ �� 1,113 SQ.FT. CO'./TROL \ \ \\ — ZONE X / \ BLOWER ELEC BIOTRICKLING \ \ \ \ SPECIAL USE PERMIT (MUDDY CREEK WWTP) _ / In BUILDING FILTER BUILDING I I HEIGHT — / 1,954 SQ.FT. 936 SQ.FT. \ — — / \\ J/ N HEIGHT OF STRUCTURES (FEET) 50', 100' COMMUNICATION TOWERS TXU TRANSF RM ❑ / \ / CONCRETE DRIVEWAY CONCRETE DRIVEWAY NUMBER OF STORIES 4 TXU ANFjiOLE 1 I —UE — — — UE — �— UE \ RESIDENTIAL PROXIMITY 3:1 SLOPE FROM RESIDENTIAL LOT 1 \ RAS/WAS ' !�',' WAS HOLDI G BUILDING NO.1 AUX. PRIMARY BUILDING PLACEMENT AND COVERAGE �l \ \ / / , TANK 1,512 SQ.FT. \ GEN. \ CLARIFIER 1 25' / AUX. I w / ® \ \\\\\ / � FRONT YARD SETBACK (FEET) 50 \ GEN. / I / 1 STOH ADGE 1111 TXU TRANSFORMERSIDE YARD SETBACK (FEET) 25 ,/ SECONDARY 8 / \ 2,045 SQ.FT. CLARIFIE" 1 Br. i�i EJ h REAR YARD SETBACK (FEET) 25 ilk �1; SECONDARY w LOT COVERAGE NO LIMIT ZONE AE l AF,4 1,\\\\\\ _ . CLARIFIER 1A C/ PRIMA IY SLUDGE BUFFERING AND SCREENING / 1 ��4/ �� SLUDGE PROCESSING HOLDIN TANK .� 1111111111111SCREENS BAR I i / N ADJACENT TO PD SINGLE FAMILY LANDSCAPE BERM 8 FEET HIGH WITH BUILDING11 � DEVELOPMENT EVERGREEN SCREENING ON OUTSIDE 10,000 SQ.FT. �� ��■ FACE AND TOP; 50 FOOT TREED NATURAL , / }- ° 2,940 SQ.FT. AREA ALONG NEW BERM ADDITIONS °�) / \ FILTERS ADJACENT TO PARK AND FLOOD PLAIN NO REQUIREMENT 0 / ^� / / / Fr �� n I C MBER (6 o / �— - 11 PRIM/ RY in SERVICE AND LOADING AREAS NOT VISIBLE FROM PUBLIC STREET OR / � / � c Q SPLITTER ADJACENT SINGLE—FAMILY RESIDENTIAL ct / h� / / UV SECONDARY BOX USES �Q ( �. /� / / n ` > CLARIFIER 2 N / w DISINFECTION PRIMARY o II �`n / // _� / 1855 SQ.FT. n o AERATION BASINS CLARIFIER 2 I ZONING EXI-IIBIT } , u / U / �,/ �� _ z RAs/wAs w _i I October 21, 2020 / ��/ J 0 NO.2 m u U fY] / 2,045 SQ.FT. w / o / � PROPOSED SPECIAL USE PERMIT / ��/ / / 0 N �� U) FOR / � / / 25' z / PROPOSED —h _ Q / (O�/ / ADMIN ADDITION MUDDY CREEK / / 2,156 SQ.FT. ADMIN BUILDING 1,812 SQ.FT. / / / � 18 EMPLOYEE/VISITOR SPACES / UT� 17 STANDARD, 1 HANDICAP WASTEWATERTREATMENT / \ \\\\\\ ' ' I / / N / / (10 x20 MIN.) J / I I I I I I I I I I I 161 I I I 150' BUFFER ZONE OPERATIONS FACILITY in I� CONCRETE DRIVEWAY CITY OF WYLIE, COLLIN COUNTY, TEXAS �' I I r I I 50.3 ACRES `V / LANDSCAPE BERM —UE LANDSCAPE BERM U) I w P ABLE N Ii 50' B.L. 50 B� ER SER ' E I OWNER ENGINEER 4 ` 0' B.L. ,> 00 2„ e A E W W.L. NORTH TEXAS MUNICIPAL IhZOLRRS / I I WATER SERVICE HUI / \ _ _ _ _ _ _ WATER DISTRICT 376.19' S45°44'53"W 529.88' S45°55'53"W 1 864.26' S45°25'53"W II 501 East Brown Street 1717 McKinney Avenue,Suite 1400 d Wylie,Texas 75098 Dallas,Texas 75202 EXISTING PLEASANT VALLEY ROAD (80' R.O.W.) Phone(972)442-5405 Phone(214)871-3311 a o D� c o\ \ Contact: David Scott, Program Manager Contact: John AnthonySosebee, P.E. ----- 7— _ - - _ _ _ _ _ _ _ _ _ — — _ — — — _ _ I _ 7-17—r—_ ! dscott@ntmwd.com tsosebee@huitt-zollars.com - —T� 0 0 O (J } } + ° U ��U /�� Ali i� n '; it n� n it a // a ii /i u I October, 2020 Muddy Creek Wastewater Treatment Plant (WWTP) EXHIBIT "B" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to create permanent zoning of an existing Wastewater Treatment Plant and expand the existing premises under the Agricultural (AG) Zoning District with the following General and Special Conditions. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance or Code of Ordinances, current or as amended, except as specifically provided herein. 2. In recognition of this site being a wastewater treatment facility for the City of Wylie and other customers, it shall comply with any and all requirements set forth by the Texas Department of Environmental Quality. These shall be senior to any other requirements of the City of Wylie. 3. All General and Special Conditions of this Special Use Permit shall remain in effect while the North Texas Municipal Water District (NTMWD) is the owner of the subject property and the operator of the wastewater treatment plant. Should NTMWD neither own or operate the plant, the zoning shall revert to the baseline Agricultural Zoning and all development standards. III. SPECIAL CONDITIONS: 1. A generally 150-foot wide physical and visual barrier shall be set in place as outlined in the Zoning Exhibits, Exhibit A `cross section' and Exhibit B 'site exhibit'. This barrier shall consist of: Page 1 of 4 a. A 10-foot clearing/easement for the installation and maintenance of a fence as required by the Texas Commission on Environmental Quality (TCEQ). b. A 50-foot wide `natural area' that will preserve the existing trees to the fullest extent possible. c. A minimum 75-foot wide berm being a minimum of eight foot high with an approximate 4:1 slope. d. A minimum 10-foot wide clearing at the inside base of the berm. 2. A Tree Management Plan shall be required per Section 7.6.C.2 of the 2019 City of Wylie Zoning Ordinance, however identification and mitigation shall apply only to trees of 12" caliper or greater not located in the 150-foot buffer identified in Section 111.1 of this SUP. 3. In recognition of this site being a wastewater treatment facility for the City of Wylie and other customers, all regulations of the underlying Agricultural District (AG/30) are replaced by the Heavy Industrial District (HI) as set forth in Article 4, Section 4.2.B of the 2019 City of Wylie Zoning Ordinance and included herein. Special Use Permit for the Muddy Creek WWTP Height Height of Structures (feet) 50' 100' for communication towers Number of Stories 4 Residential Proximity 3:1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 50 Side Yard Setback(feet) 25 Rear Yard Setback(feet 25 Lot Coverage No limit Buffering and Screening Adjacent to the PD Single Family 150-foot wide landscape/berm buffer Development along property line per Section III.1. Adjacent to Park and Flood Plain No requirement. Service and Loading Areas Not visible from public street or adjacent single-family residential uses. 4. The Non-Residential Design Standards defined in Section 4.3 of the 2019 City of Wylie Zoning Ordinance and as may be amended, shall not apply to existing and future projects within the site except as follows: Page 2 of 4 Site Design Requirements Element Standard(Must Fully Comply) Building 1. Buildings and other facilities will be located internal to the site Placement screened from Pleasant Valley Road and adjacent PD residential development by a landscape berm. 2. Administrative buildings will include connecting walkways to facilitate pedestrian movements between buildings and adjacent parking. 3. There is no restriction on size of building and facility footprints within the treatment plant site Parking 1. Parking spaces shall be internal to the site behind the landscape Placement berm. 2. Locate parking in close proximity to the building need. Access Drives 1. Minimum driveway width of 24 feet with 25' radius at intersections. 2. Maintain landscape treatment at entrance Location of 1. Service and loading areas shall be located behind the landscape Service and berm and not be visible from Pleasant Valley Rd or the adjacent Loading Areas PD residential development. Floodplain 1. All treatment plant facilities(buildings,tanks, equipment, etc.) Considerations will be built above and out of the the 100-year flood zone. Landscape Design Requirements Element Standard(Must Fully Comply) Landscaping in 1. There is no requirement for landscaping internal to the treatment Required Yards plant site, defined as facing inward from the landscape berm. 2. The outward facing portion of the landscaped berm along Pleasant Valley Road will be maintained and kept in good condition in and along the front yard. 3. The outward facing portion of the landscaped berm along the PD zoned residential tracts will be maintained and kept in good condition in and along the easterly side yard and rear yard. Landscaping in 1. No requirement. Parking Lots Visual 1. No requirement. Screening Landscaping of 1. The outward facing portion of the landscape berm along Pleasant Street Frontage Valley Road will be kept with trees placed in groves or belts on a spacing of approximately 50 feet per existing conditions. Floodplain 1. No portion of the landscape berm is allowed to extend into the Considerations 100-year floodplain zone. This limitation precludes the need for screening by berm in those areas along the northwest property Page 3 of 4 line. Where not encumbered by utility infrastructure, existing tree masses or new planting are allowable screening options. Architectural Design Requirements Element Standard(Must Fully Comply) Building 1. Administration Buildings shall be constructed of at least 25% Materials masonry product on the front façade. 2. The special use, equipment needs and process operations of the wastewater treatment plant require highly durable and resistant construction materials and finishes. Tilt wall construction, steel framed pre-engineered buildings with metal panels,masonry or other finishes are approved for process, storage, equipment, and other buildings. Pre-manufactured enclosures for equipment are approved. Building 1. No requirement. Articulation, Form and Massing Architectural 1. No requirement. Compatibility Page 4 of 4 Notification Map •♦ I Oi�i�i�i�i I ♦...............\ . I ♦.......................• ♦ • • \ o.❖.......❖.❖.❖.❖.❖..❖.❖.❖.❖.❖.❖.❖..❖.❖.❖.❖.❖.❖.❖.. r 1 `�����������������������������������������������!% i .❖.❖.❖.❖.❖.❖.❖.❖...❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖./ ,r a • , -kC9 / MUDDY CREEK �..................♦ \, PRESERVE ������������j���j���j���j���j���j�,• JP i WYLIE ETJ AT WYLIE \ *.�.�.�.�.�.�.�.�.�.�.�.�.�.�.,♦ \-\� i �..........., P �, I ;I / N •♦ A * ♦.5351 r' ♦ 'r ZC 2020-12; Muddy Creek WWTP; SUP �ls AI 1 7H t.._s 1L.,, .1 - - , L_-_-_-, 200 Foot Notifcation Buffer ����������� Subject Property INs*.T -0,� • CITY OF _ ' _ . `" r' N 0 162.5 325 650 975 1,300 Feet WY L I E - ��� ;..►'` ii /1 I i i I I I I I I � ; . ' IF g ' p jilt ya ; N + ' - i. .I0. i t , SJ ` 1 y , , i 1 , 1 r , .; J t.: 1116j • 41 ff.' Itivatv J$ 0 '. e - ''.L'. ( :' gi. Iti.; kief . 10 III I . .. `h�F _ 5 + h y .t. + ..:. ‘...7..S........'.:::::4i O W . 1 44= he .... ki { i *' li k 1.1 e k �5 .*f R T� ' FPM .: ? L , .' . '.. 55 A. A. ANW E I. lay 112: . e UNII Fir .:.".. . • • i'.... . . • . t . /C2' I t114:•.• ::::. .• W Q ,:, 1 \11:-.' ::.41%.1.4111 VI = 10.- , L •.11 =1 E icx • Ni f h .ti� . CI i 1 e • ir 4. W * • 5 ii- I la ,iiiiittika, ,i . , - • ir , :.j.k, ..4% . • . . , 1..i.: ' f. . , • %..it •k4041. A ! . • • • tli ..., L. ''. ' : ,..I .I 4 , , T }i *,,r• • • I'll I #1 i. - it S A { ' .' , rt L _ 3 f - . HLIITT70LLARS PROJECT HISTORY Service Area: • City of Wylie • City of Murphy Phased Construction: • 1997 Property Acquired by NTMWD • 2002 - 2004 Original Plant Construction to 5 MGD • 2006 - 2008 Plant Expanded to 10 MGD • 2009 Improvements for Odor Control, Chemical Treatment, Instrumentation, Berms • 2019 Backup Power and Odor Control ADVANCEDESIGN`" HUll I ZOLLARS SUBJECT PROPERTY 50 . 322. _. . . - , - , , Ac“ . . r • q /- • -R r .inn i t. } ' J' - - .h.. /.- ire `�• �1�.' � • , •• 'ram 0 L r., - �� li 0.., • V ,.... • , • Ilk ....,. • . ....: 0 I, . ..o.e . ,Rk#XS .14: ' '' .4 ":1'.- Ilt-C;':: .. '9..\\ A'. c I- xc r f kI . _ a M;C I. ADVANCEDESIGN - ;- w,,, d � _ •;: — - Na . HLIITT70LLARS SUP CONDITIONS Proposed Conditions: • Retain AG/30 Zoning with SUP overlay • Require a Landscaped Berm around 3 sides of Property • 8' High Berm landscaped on Top and Outside faces • 50' Natural Tree Screen outside of Future Berm • Provide for Tree Management Plan • Restrict development and sets design standards consistent with Heavy Industrial Zoning and the Wastewater Treatment Facility land use ADVANCEDESIGN`" HUll I ZOLLARS El REZONING EXHIBIT PLAN , . ._ . i w �n — �� .,' „ ss.. mob ...,,0, zouwo Ro r ewr �, F 1), Jr rf 16f 0 /./ -NPM SCiii itt�NI I u nRG »NF AF / I NS,420,00136Y.9 CREC ' ONINL VC TRACT r _ruci / E151N�NOo].,Mil - N r nv w.9] Dak]n yv zo •3a 1 1 3 LCCNC /i f -re_.N: aaoPL.N I// ACNLs Penn,. IF ,LII F I .,,,, Fr_..N.,Q,..aa,n9,r,„ II 1 I ter- Pa .„.�.--,.a.�..--N.Aa-- R I __. / I I -MalSPECIALUSE R RN 79 / Ps, a r. 1 ,x0,RAN P y N3RERE 0 war_ o _ Nn- .9«h ""n .= ,� -�,11, /01- -01 - 1 �c ��o��E—Y—rN ��� 1 NN,, ,=a„„„„..r,.� // I r El, . ' �u� 1 I 1 rr '' '•.. Ru Nnw Fr,RRF. a.,R eE . 0 T=o ti/ 1 R :1:6'' .,Z7Fl. / I ��_ 4tLF,Ng of ��si. 1 I PRIMARY - edG`N 1 I — �N 6.aNa .. P,.ziz era F.N,n�Pa.L, a / ass _ J l A,P1,aN R NS OAR z In ZONING EXHIBIT /�/g, l ENVN�, wl I PROPOSED SPECIAL USE PERMIT =I I FOR // �� ,.,.,..,,F. 11 MUDDY CREEK Nl 6<R, LAP WASTE WATER TREATMENT OL a A , ��'� c0;�LINO l 1 �' IIII�� �I■yIIN OPERATIONS FACILITY CITY Cr JWPLI CCLLI NCOUvT°.TEXAS . I I Lx.o9CA E i — ———LE—7 I uvona-eFlu AC NI R J — C aL 4 POTABLE NORTH TEXAS MUNICIPAL F{IdTF �F aL + — — ` 4 a s� 1 MLIAIIS WATER DISTRICT — a, `� a.bbb5l, — a04z9 a.5 9w -- aAN, «ca0 ROr, H[jITT ZOLLARS ElLandscape Berm & Tree P l a n t ings 1,00„,„„,„.0„ii ...,. , t- ..-.....-.,.- '-'.'.-. 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'-. !.,4 t•,'N,1AA1,t4Air eN.R.Otr'a7C0. .. . . .d ; ' f ,MAt c : k • i ,' Bye i,. :� • 7_; - r v ..... / w�.i.. 4 y •11� r r.. k -ik#i ,, , Iry /t': • • • ;+. - �' A�$ 3 Y ray 'T �. •�t r k.� x etr° .i F .., y d • • ' �� . f 'r b �v r . 6..0 t wr d 1 f,. *�' ': vrst-F "-' ---• G . 7 8 • A; . ..:3sP 4 - t. .•y it k�' F sto' " A'-'..'}��g ar a , �L` s -- _ ADVANCEDESIGNSN HUll I ZOLLAR El Future Landscape Berm & Tree Preservation Zone \ . , ; k r r '+RAcr 4, GLW.l�LL1PE DE lOS SANi s ABSiltACT y w5T. f2orJOO.34,7e1 DROCr .45, ) / I r 994.96'Hst'S3.90-E `i IONING:PD �. _1111101111111116111160 rI it �.. ,Ir_ r,� 25 ELL § 2�5 L. I . �r `g I .f. .m. � _ �� \ „, r T.- N— •` • - -'' FunALLANoscJ�F BERM �' I Si * 4- 1$0' BWKS ZONE �— —,1 1 I r` I I I i I Z I PROPOSED MUDDY CREEK RWWTP SCREENING ,�q I I I II-ir I • ' / I I I.-F SCREEN7'- ATM �/ j } �__J 4 1nT.AREA TRACT 6. C s/2Osw * T. 1 r i B WO EXISTING COED AREA ✓ m mJ Li' TA IllH n —.6-12'-1•— L m cc _- } ------�_ d TYOR/1T TEXAS ig1NiCWAL I64TFR Merdco _ __- -1- a TRAcr ii. exisokLcE OC LOS SANTD$ABSTRACT 2 �` 4 E1 WI- 97:36.PC. 3071 C€DCI g a W 7O lNC-AC/30 I 0 50.322 ACRES z W 50'TREE SCREEN L_ -0-14'-w—m 76' BERM SCREEN ~(PRESERVE EXIST TREES} "- 1 1 1 1 10' MAINT.AREA_- \' 1 I BLMER ELEC BID7RICKURG '{ '' BUILDING FILER BIALDAJG 1 ^,I I - 4 150'BUFFER ZONE - `" 1.�4 SQ-FT• 936 SQ.CT. CONCRETE DRIVEWAY Vl" -- ._ us/WAs I 1 ••" BJRC4tiG NO.._ ___ _uE_ `Ault pRIyAR'� I -. K 1,512 O STCPACi .i ,,,� z �7I 2� I ADVANCENESIGNSN M. _..,�_�.�. _ _ �'� � � _ _ _ -- _ _ , _ _1 HLIITT70LLARS NOISE & ODOR CONTROL NTMWD has taken a proactive approach to be a "Good Neighbor" • No Known Odor Complaints from Adjacent Neighbors • Added facilities and equipment beyond minimum requirements • Noise screened by landscape berm and setback within property Muddy Creek WWTP exceeds TCEQ Requirements for wastewater treatment plants • 150' Buffer Zone provided • Air Scrubbers and Coverings at Lift Station, Bar Screens, Primary Clarifiers, and Sludge Dewatering Facilities City of Wylie Odor Nuisance Regulations (Chapt 42, Environment): • Based on "normal" human olfactory sensitivity • Odor unrecognizable with 2 parts "clean air" mixed with sample ADVANCEDESIGN`" HUll I z()LLARS 1,3 Odor Control Measures Bio-scrubber facility treats .0. h ,i _... foul air at influent lift station which pumps incoming Four odor control facilities �� wastewater to head of plant . . have been installed across ; _ lI'� . • where the treatment process the plant to treat foul air. begins. Foul air is conveyed from I i\ - "�' F, structures to odor control facilities utilizing large air � - , ����: � �� � �,,� � � r; � �-��=� � ' ` � New bio-scrubber facility treats ducts and blowers. ; foul air from primary clarifiers. 1 Ill I �� ° ; '.. 3r 7F-- ,--'._.. * li.,'% i V /11Y11� I _[i_ _- p. - -- ;�. - li 't,;"-,, • ��p. I s FlR * Ii.„ ... hT — fir. * a i �L - :17 \If' 1 II e it 7 'I .01 W i _ - Chemical scrubber treats foul air at headworks where treatment process begins. ADVANCEDESIGNSN HUll I ZOLLARS El, Odor Control Measures ,�. �, - Cover for primary clarifiers ....i.puu ii:, , . , ____, I _It - J Large chemical scrubbers treat foul air at —• `..k,:„ �~ final stage of treatment process. ivti, 4 „v,,,.....,,,,, .411:r ; , , ....„ _, . „_„.1 _....1 , l't -,/, ,4 ik IIIr...„..... -,,„ .._ , — r __ l 1111 i '.% t 0 44-L — a It —if Itty4 r t • 1,tel.: , ..hA Y I 1... a ,1;4 aw5-.w' .�' d 1 i — l Cover for bar screen ADVANCEDESIGNSN HLIITT70LLARS SUP Request Muddy Creek Wastewater Treatment Facilities Recommendation for Approval of this SUP Questions or Comments? ADVANCEDESIGN`" fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 20,2020 Exhibits: 1 Subject Consider,and act upon,authorizing the City Manager to sign a Development Agreement between the City of Wylie and Keles Group Inc. regarding the use of building materials for property generally located at the northeast corner of Park Boulevard and Country Club Road. Recommendation Motion to approve authorizing the City Manager to sign a Development Agreement between the City of Wylie and Keles Group Inc. regarding the use of building materials for property generally located at the northeast corner of Park Boulevard and Country Club Road. Discussion The applicant has requested to enter into a Development Agreement with the City of Wylie while requesting to rezone the property generally located on the northeast corner of Park Boulevard and Country Club Road. In order to maintain the standards of the existing development, and as a part of the overall Development Agreement, the applicant is proposing to add a separate building materials agreement in accordance with Texas State Law Sec 3000.002(d). The proposed Development Agreement, signed by the applicant, states that the developer will voluntarily abide by the building materials standards of the City of Wylie Zoning Ordinance. A separate zoning request for this proposed development, that addresses general development standards, is on this agenda for consideration. Approval of this authorization is not an approval of any requested zoning change. Page 1 of 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG KELES GROUP INC AND THE CITY OF WYLIE,TEXAS This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE,TEXAS,a home-rule municipality ("Wylie"),and Keles Group Inc, a Texas resident ("Developer"). Wylie and Developer are each referred to herein as a "party" or collectively as the "parties." WHEREAS, Developer warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County, Texas, consisting of 1.056 acres on CHARLES ATTERBERRY SURVEY, ABSTRACT NO. 22 and the C. McULMURRY SURVEY, ABSTRACT NO. M629, generally located at northeast corner of Park Boulevard and Country Club Road,Wylie,Texas 75098,and more particularly described in Exhibit A,attached hereto and incorporated herein for all purposes ("Country Club Convenience"); and WHEREAS, Developer desires to revert the zoning designation of Country Club Convenience and have asked Wylie to rezone the Property to Neighborhood Services District Special Use Permit(NS-SUP); and WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WF IEREAS,Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, `Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code; and WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Local Government Code with the full understanding and intent that Development Agreement CountryClub Convenience Building Materials Standards Page 1 of 13 2837901 Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date of this Agreement; and WHEREAS, the Wylie City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the forth in the foregoing recitals of this Agreement are true and correct, are incorporated into the body of this Agreement and are adopted as findings of Wylie and Developer. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrant that he is the sole owner of Country CIub Convenience as of the Effective Date of this Agreement. 3. Building Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or future building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Developer voluntarily consents and agrees to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement,Developer shall impose deed restrictions on the Property,incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once approved, Developer shall record the approved deed restrictions in the Real Property Records of Collin County,Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third- party beneficiary of the approved deed restrictions, and Wylie shall have the right but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. Development Agreement -.Country Club Convenience Building Materials Standards Page 2 of 13 2837901 (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code. Developer voluntarily consents and agrees to such designation. Developer voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement,and such failure is not cured within thirty (30) days after Wylie sends written notice of such failure to Developer, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County,Texas as a lien or encumbrance on the Property; (ii) to terminate this Agreement by providing written notice of termination to Developer; (iii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iv) to refuse to issue building permits for any building on the Property; (v) to refuse to issue a Certificate of Occupancy for any building on the Property; (vi) to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to immediately cease the construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vii) to seek specific enforcement of this Agreement. (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer,then Developer may seek specific enforcement of this Agreement as Developer's sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein,the parties agree and acknowledge that Wylie shall not,under any circumstance,be required to tender, or be Development Agreement—Country Club Convenience Building Materials Standards Page 3 of 13 2837901 liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property, and shall be binding on the Developer and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County,Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 7. Limitations of Agreement. Wylie ordinances covering property taxes, utility rates, permit fees, inspection fees,tree mitigation fees, impact fees, development fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested;by facsimile;by electronic mail,with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Wylie, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie,Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 Email: chris.holsted ia,wylietexas.gov with a copy to; Abernathy, Roeder, Boyd& Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Development Agreement—Country Club Convenience Building Materials Standards Page 4 of 13 2837901 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Email: rpittman( abernathv-law.com If to Developer, addressed to Developer at: Keles Group Inc Yusuf Keles 3815 Blossom Dr Sachse TX 75048 Telephone: (469) 996-1363 Email:jsphkeles@gmail.com 9. Indemnity. (a) EACH DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS,JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER 1S EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. Development Agreement—Country Club Convenience Building Materials Standards Page 5 of 13 2837901 (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations; Developer's Waiver and Release of Claims For Obligations Imposed by this Agreement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS LOCAL GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED (D) NUISANCE;OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES,VENDORS,GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE,RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11 _ Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property,or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a"permit" as defined in Chapter 245 of the Texas Local Government Code,as amended,and nothing in this Agreement provides Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY Development Agreement—Country Club Convenience Building Materials Standards Page 6 of 13 2837901 STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE,AS AMENDED,UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the Iimitations set forth in TEX. LOC. GOV'T CODE § 271.153, as it exists or may be amended, if applicable. 13. Warranties/Representations. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either party. 14. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15. Governing Law: Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 16. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration. the sufficiency of which is forever confessed. 17. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 18. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date(hereinafter defined). 19. Savings: Severability. In the event that a term,condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent Development Agreement—Country Club Convenience Building Materials Standards Page 7 of 13 ?83;9ii 1 jurisdiction,then that term,condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 20. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement,except as expressly set forth herein. 22. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee: (iii) Developer will file any approved,executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file- marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. Development Agreement—Country Club Convenience Building Materials Standards Page 8 of 13 2837901 24. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 25. Immunity. It is expressly understood and agreed that, in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity, including governmental,sovereign and official immunity,that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 26. Reference to Developer. When referring to"Developer"herein,this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is Iegally responsible. 27. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. [Signature page follows.] Development Agreement—Country Club Convenience Building Materials Standards Page 9 of 13 2837901 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that parry's signature below) will be deemed the effective date of this Agreement("Effective Date"). CITY OF WYLIE, TEXAS, a home-rule municipality By: Chris Hoisted,City Manager Date: Attested to by; Stephanie Storm, City Secretary STATE OF TEXAS § § COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared Chris Hoisted, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the City Manager and duly authorized representative for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of w, 2020. Notary Public, State of Texas My Commission Expires. Development Agreement—Country Club Convenience Building Materials Standards Page 10 of 13 2837901 Keles Group Inc, a Texas resident By: - --usuf Keles Date: 10/15/2020 STATE OF TEXAS § COUNTY OF 0 C1\\-\CLS § BEFORE ME, the undersigned authority, on this day personally appeared Yusuf Keles, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he executed the same for the purposes and consideration therein stated and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this��6day of UCK O ,2020. 'lA...Q4-6/ KATHERINE L CHANEY t Notary Public, State of Te Notary ID # 129253671 . My Commission Expires ` CO, I, My Commission Exp.-es .,1/ January 4, 2021 Development Agreement Country Club Convenience Building Materials Standards Page 11 of 13 2837901 Exhibit A-1 Legal Description of Country Club Convenience PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF COLLIN § BEING a tract of land situated in the CHARLES ATTERBERRY SURVEY, ABSTRACT NO. 22 and the C. McULMURRY SURVEY, ABSTRACT NO. M629, in the City of Wylie, Collin County, Texas, being part of a tract of land described in deed to Keles Group, Inc. as recorded in County Clerk's Instrument No. 20190124000072190, Official Public Records, Collin County. Texas, and being more particularly described as follows: BEGINNING at a point for corner at the North right-of-way of Park Boulevard, a 50-foot right- of-way, with the East right-of-way of Country Club Road, a variable width right-of-way, said point being the Southwest corner of said Keles Group tract; THENCE North 00 degrees 27 minutes 47 seconds West, along the East right-of-way of said Country Club Road and the West Iine of said Keles Group tract, a distance of 229.93 feet to a point for corner; THENCE North 89 degrees 31 minutes 45 seconds East,a distance of 200,20 feet to a point for corner;, said point being in the west line of a proposed Park Area Dedication of Birmingham Farms Addition, Phase 3A, an addition to the City of Wylie, Collin County, Texas, according to the Plat thereof recorded in Cabinet N, Page 906, Official Public Records, Collin County, Texas, said point also being in the east line of said Keles Group tract; THENCE South 00 degrees 34 minutes 28 seconds East, continuing along the West line of said Park Area Dedication, a distance of 30.00 feet to a point for corner, said point being the Southwest corner of said Park Area Dedication; THENCE South 00 degrees 28 minutes 15 seconds East,continuing over and across said Keles Group tract, a distance of 199.96 feet to a point for corner on the North right-of-way of said Park Boulevard and the South line of said Keles Group tract; THENCE South 89 degrees 32 minutes 13 seconds West, along the North right-of-way of said Park Boulevard and the South line of said Keles Group tract, a distance of 200.00 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 45,985 square feet or 1.056 acres of land, more or less. Development Agreement—Country Club Convenience Building Materials Standards Page 12 of 13 2837901 Exhibit B Building Materials Standards As used in this Agreement,the term "Building Materials Standards"shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings set forth or referenced in the following: 1. Ordinance No. 2019-23, Zoning Ordinance Section 4.3 (Non-Residential Design Standards), as it exists or may be amended by Wylie in its sole discretion 2. Ordinance No. 2018-14, International Property Maintenance Code and all Iocal amendments thereto, as it exists or may be amended by Wylie in its sole discretion 3. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 4. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 5. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 6. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 7. Ordinance No. 2017-37, International Plumbing Code and all local amendments thereto,as it exists or may be amended by Wylie in its sole discretion 8. Ordinance No.2017-34,International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 9. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 10. Any other existing or future ordinance, rule or regulation adopted by the Wylie City Council that establishes a standard for a building product, material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building Development Agreement—Country Club Convenience Building Materials Standards Page 13 of 13 2837901 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 19,2020 Exhibits: 5 Subject Hold a Public Hearing, consider, and act upon, a change of zoning from Neighborhood Services District (NS) to Neighborhood Services District Special Use Permit(NS-SUP),to allow for a convenience store with a motor fueling station on 1.056 acres, generally located on the northeast corner of Park Boulevard and Country Club Road. (ZC2020-11) Recommendation Motion to approve a change of zoning from Neighborhood Services District(NS)to Neighborhood Services District Special Use Permit (NS-SUP), to allow for a convenience store with a motor fueling station on 1.056 acres, generally located on the northeast corner of Park Boulevard and Country Club Road. (ZC2020-11) Discussion OWNER: Yusuf Keles APPLICANT: Engineering Concepts &Designs,LI The applicant is requesting to rezone 1.056 acres located on the northeast corner of Country Club Rd. and Park Blvd. to Neighborhood Services (NS) with a SUP. The property is currently zoned Neighborhood Services. The reason for the requested rezoning to NS-SUP is to allow for the development of a 4,000-sf convenience store with fueling stations on the corner of Country Club and McMillan. In February 2020 the property owner applied for a similar zoning change. City Council denied that zoning request with a vote of 6-1. The applicant has made modifications to that request and presented a new zoning case. The differences are: - The initial request was to rezone the entire corner strip of 3.873 acres from Neighborhood Services to Community Retail. This request is for NS-SUP on the—1.0 acre 'hard corner' only. - The updated zoning exhibit eliminates the drive thru restaurant that was previously attached to the convenience store. In keeping with the previous request,the applicant is proposing the sale of beer and wine within the convenience store. As before,the property sits within 300' of an elementary school(Dodd) and such sales are currently prohibited. However,the applicant is proposing, and Parks Board recommended accepting,a dedication of—450 sf of land to Dodd Park, increasing the distance to the legally required distance of 300' from Dodd Elementary. Page 1 of 1 Page 2 of 2 The property is adjacent to a Daycare Use. The Daycare Use is not a private school, as State law requires at least 100 children of K-12 grades be in attendance to meet that definition and this facility caters primarily to pre-school age children. State law also allows for municipalities to regulate, by ordinance, a 300' distance from Daycares Uses; however, the City of Wylie does not have such an ordinance. If zoning is approved,the land dedication would be a result of a future replat. In addition,alcohol sales would be subject to Texas Alcohol Beverage Commission approval. The subject property lies within the General Urban Sector of the Comprehensive Land Use Plan. The proposed zoning and uses are compatible with the Plan. Approval of this zoning change will require approval of a final plat and site plan prior to development. Notifications/Responses: Five notifications were mailed; with one response received in opposition and none in favor of the request. P&Z Commission Discussion After some discussion regarding the modification to the request from the previous request, the Commission voted 5-1 to recommend approval. The dissenting Commissioner cited the general proximity to the park,daycare, schools,and churches as a reason for the vote. Locator Map '• . a _• r 1407 `_1406 1407 I'll."' I 1411 i '" 1 •r b P ' :1406 a - 'r - '� v {tyjf:, Y'r ,.• 1406 ?' ! ' 1405 , Z a 1405 z -I JYyT • . - .-Jr. 11:1YI 1407 1405•. ,1t• ., 1402 403 co:,,,,::. 140 Q,' __ , • Y _-1406 r t! y 140 - CO r140 11410 • Q 140J , m 1405 �- -- i _,400 Q' r .1D1 - 1404 x J -_ .� , • a� • SELMA Ly _ — ,s J 1402 y 11...94 1402 I �� j •i 1 Yt 5 l ,+ so1 �' } i "' BARBOU_ DR_ l ss 'o. - +� •�'� ' �� '� L:43 �.�3 WO FLixiv. 1, ' COI r • w., �� c 1 * .. ft * . . . , ; 0,D,3 - . N' . -'/ '# ,4, , . • E 1 � tif ' i 1401 • i -, - DODa, LIjMENTis . , 1, \, war �j„: `�, >� " _ , Aim :�� ,S'` 11%i 1 A., ' .� .. \ '` y -VVV T •�♦f .;'�• •A.1520 T 'C,1�.,�" • �/ s' 1 s, w..,,� `' ���� } thy;A err ���.. �A BLVD ' MCMILLEN RD .1'''S'3 ,........r: M 41. .�, -fir. ,„ 7 ^1355 jfl i M j 1 tj r 4 - i Y - logr " ::.::. ,_ .4iis,45 •;- - ::.,,i, ila — '0 — - a 1, ; ' 1., ,,, ;,, ,: , .,.. r., „;I' dd • Y A •t 41 '� " 1331 .i. . .x, - MidP I, ,s d , , , . I', , ,• 'I ,.' 4 14, r, ': „; , Clip- N �•, i I 803 W • I ' _... �J 28 -r 1326 -1 732$I- 8W -R `r,, i iDrivew illiik ZC 2020-11 ; Keles Convenience Store; SUPIA/ r,� YL, • Subject Property IN ,r, _, 4,,,,,4 A..1,1-.4%,.3 • r-:err d 0 jL. e &�,, .._J CITY O F -- i • `.--�,T _ WYLI E ':� .�'` L N 0 125 250 500 750 1,000 Feet �► I I I I I I I I I I I I ``-.•' PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF COLLIN § BEING a tract of land situated in the CHARLES ATTERBERRY SURVEY, ABSTRACT NO. 22 and the C. McULMURRY SURVEY, ABSTRACT NO. M629, in the City of Wylie, Collin County, Texas, being part of a tract of land described in deed to Keles Group, Inc. as recorded in County Clerk's Instrument No. 20190124000072190, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point for corner at the North right-of-way of Park Boulevard, a 50-foot right-of-way, with the East right-of-way of Country Club Road, a variable width right-of- way, said point being the Southwest corner of said Keles Group tract; THENCE North 00 degrees 27 minutes 47 seconds West, along the East right-of-way of said Country Club Road and the West line of said Keles Group tract, a distance of 229.93 feet to a point for corner; THENCE North 89 degrees 31 minutes 45 seconds East, a distance of 200.20 feet to a point for corner;, said point being in the west line of a proposed Park Area Dedication of Birmingham Farms Addition, Phase 3A, an addition to the City of Wylie, Collin County, Texas, according to the Plat thereof recorded in Cabinet N, Page 906, Official Public Records, Collin County, Texas, said point also being in the east line of said Keles Group tract; THENCE South 00 degrees 34 minutes 28 seconds East, continuing along the West line of said Park Area Dedication, a distance of 30.00 feet to a point for corner, said point being the Southwest corner of said Park Area Dedication; THENCE South 00 degrees 28 minutes 15 seconds East, continuing over and across said Keles Group tract, a distance of 199.96 feet to a point for corner on the North right- of-way of said Park Boulevard and the South line of said Keles Group tract; THENCE South 89 degrees 32 minutes 13 seconds West, along the North right-of-way of said Park Boulevard and the South line of said Keles Group tract, a distance of 200.00 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 45,985 square feet or 1.056 acres of land, more or less. 1 / TALLAL EGA DR. cc, _.......___ z (aili kt , YL--- 711 ) . •i 4• I Z � .._. Z w 1 O Z U W >- W 30 15 0 30 60 McMILLEN RD. PARK BLV . 0 LOT 1 BLOCK A SCALE IN FEET I WYLIE UNITED ZONE H: 1" = 30' 1 �\ METHODIST CHURCH PD r , J . CAB R PG 213 P.R.C.C.T. VICINITY MAP 0 , 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NOT TO SCALE o z / 00' .cIPS 0 ii Li COUNTRY CLUB ROAD VARIABLE WIDTH R.O.W. °j II ® O f PROPERTY DESCRIPTION 17.5' ROW DEDICATION Ui 12' LANDSCAPE BUFFER NO'27'47"W 229.93' STATE OF TEXAS § - - - - - - - - - - - - - - _r - - - 1 " - - - - / = = = = il - - - � - � - . COUNTY OF COLLIN § �� I / sorinrik �� I -� / BEING a tract of land situated in the CHARLES ATTERBERRY SURVEY, ABSTRACT NO. 22 and the C. /01 \ , / I c� McULMURRY SURVEY,ABSTRACT NO. M629, in the City of Wylie, Collin County, Texas, being part of a tract O. g - - - - of land described in deed to Keles Group, Inc. as recorded in County Clerk's Instrument No. 20190124000072190, / iv Official Public Records, Collin County, Texas, and being more particularly described as follows: I � ' � �' S.O R. Y / r , 15.0' 15.0' BEGINNING at a point for corner at the North right-of-way of Park Boulevard, a 50-foot right-of-way, with the East I moo- ( p1 o right-of-way of Country Club Road, a variable width right-of-way, said point being the Southwest corner of said I / / J Keles Group tract; I ° // 1111111 THENCE North 00 degrees 27 minutes 47 seconds West, along the East right-of-way of said Country Club Road • l I 0 0 0 0 0 0 and the West line of said Keles Group tract, a distance of 229.93 feet to a point for corner; 36.0' i o 0 138.0' 0 0 I - - o e _ I �r THENCE North 89 degrees 31 minutes 45 seconds East, a distance of 200.20 feet to a point for corner;, said I 1 MUTUAL FIRE, ACCESS, point being in the west line of a proposed Park Area Dedication of Birmingham Farms Addition, Phase 3A, an p ,�, EXISTING ZONING NS 10) AND UTILITY EASEMENT addition to the City of Wylie, Collin County, Texas, according to the P/at thereof recorded in Cabinet N, Page Ct • o PROPOSED ZONING: NS w/SUP 0) 906, Official Public Records, Collin County, Texas, said point also being in the east line of said Keles Group Q tract; N �O' R I 1 B I R M I N G H A M LAND LTD. I J p0� °� T 2 0 cp I I L O T 1 BLOCK A THENCE South 00 degrees 34 minutes 28 seconds East, continuing along the West line of said Park Area CC #9 4-0029675 I may- O o c" o o� 1�I 168,723 SF Dedication, a distance of 30.00 feet to a point for corner, said point being the Southwest corner of said Park Area ZONE m ( j,� I N o o p 3.873 AC Dedication; EXISTING ZONE THENCE South 00 degrees 28 minutes 15 seconds East, continuing over and across said Keles Group tract, a Ct -- N 10' 20.0' 26.0' - I j N S Q r) I 24' _ distance of 199.96 feet to a point for corner on the North right-of-way of said Park Boulevard and the South line 01 of said Keles Group tract; z pTHENCE South 89 degrees 32 minutes 13 seconds West, along the North right-of-way of said Park Boulevard I _ 2.9' _ 100.0' 30' 14' /// . and the South line of said Keles Group tract, a distance of 200.00 feet to the POINT OF BEGINNING. CONVENIENCE STORE RESjAURAN11. 0'R. ' CONTAINING within these metes and bounds 45,985 s9uare feet or 1.056 acres ofland, more or less. - I (4,000 SF) (1, 00 SF) 1 0 6' HIGH ORNAMENTAL TUBULAR 10'I LANDSCAPE �-\�I `�� ' ram- �6 :A O METAL SCREENING FENCING W/ BUFFER - ' 10.0'R. LIVING SCREEN (EASTERN RED la I 2.0'R. CEDAR OR SIMILAR) ADJACENT TO 5:, I / -- DODD PARK I -�- -- SO'28'15"E 199.96' 0.29' STRIP TO BE DEDICATED TO v) --'"' THE CITY OF WYLIE FOR INCLUSION ----\ I I I I IN EXISTING PARK AREA I I I SO.34'28"E 30.00' E I FIRE LANE :8:, PROPOSED ZONED LOT 2 BLOCK AI PARK AREA DEDICATION ZONED in o M NS BIRMINGHAM FARMS BIRMINGHAM FARMS SF 10-24 d ADDITION PHASE 5 ADDITION PHASE 3A 60,000 SF CAB N SLIDE 906 N0 1.377 AC I P.R.C.C.T. 0 N OS 0 a 0 U) v 0 0 LT_ PARKING SUMMARY SITE DA TA DESIGN STANDARDS POINT TABULATION FOR SITE: 0 T 0 LOT 1R - CONVENIENCE STORE 4,000 SF (1/300) 13 BUILDINGS: 1 PROPOSED SITE DESIGN DESIRABLE ELEMENTS(4 of 8 required): RESTAURANT 1,200 SF (1/100) 12 1. Individual buildings w/footprints=or< 10,000 square feet. Q HC SPACES REQUIRED 1 PROPOSED BUILDING SF: 5,200 2. Front Facade Oriented to the Street. HC SPACES PROVIDED 2 a 3. Combined access points with adjacent tracts O TOTAL SPACES REQUIRED 25 LANDSCAPING REQUIRED: 20% OF SITE (NS) 4. Not visible from public street but provide masonry screening. z TOTAL SPACES PROVIDED 28 o SCREENING: ORNAMENTAL METAL FENCING (WROUGHT N IRON STYLE) TO PROVIDE UNCONFINED VIEW FOR LANDSCAPE DESIGN DESIRABLE(4 of 8 required) : RIGHT OF WAY DEDICATION, 0.11 ACRES RESIDENTS. RESIDENTIAL APPEARANCE OF ALL BUILDING o FACADES (NO BACKS OF BUILDINGS) SHOULD NOT BE 1. Landscaping that exceeds the minimum by 10%. OFFENSIVE TO PARK OR SCHOOL. PLANTINGS ALONG 2. Landscaping in side and rear yard not otherwise required. o FENCE WILL SOFTEN APPEARANCE. 3. Parking lots with no space further than 40 feet from a landscaped area. T 4. Increase in minimum width of landscape buffer by 20%. L 0 ARCHITECTURAL DESIGN DESIRABLE(3 OF 6 Required): 1. Use of two complementary primary facade materials to help achieve facade a articulation, visual variety and/or architectural detailing. CO 2. Copy same style entire block. 3. Use of architectural detailing and/or materials to provide variety in visual appearance. 0 a 0 in 0 c 0 REVISIONS: -, CAUTION! CONCEPT PLAN SHEET s THE UTILITES SOURCES AND 0 ARENTENDED THESE TOPLANS SHOW THE GENERAL COMPILED EXISTENCE ANDVARIOUS ENGINEERINGcoNcEm OWNER INFO BIRMINGHAM PLACE PHASE 5 LOCATION OF UTILITIES IN THE AREA OF CONSTRUCTION. THE ENGINEER - ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE UTILITY & DESIGN , L. P. KELES GROUP, INC. O INFORMATION SHOWN ON THESE PLANS. THE CONTRACTOR SHALL VERIFY 3815 BLOSSOM DRIVE LOT 1R BLOCK A 1 .056 AC O 1 o THE EXACT LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. THE DRAWN: ECDLP DATE: September 8, 2020 ENGINEERING / PROJECT MANAGEMENT / SACHSE, TEXAS 75048 U) CONTRACTOR SHALL CONTACT UTILITY COMPANIES 48 HOURS IN CHECKED: DATE: 469-996-1363 U] ADVANCE OF ANY CONSTRUCTION ACTIVITIES IN ORDER TO DETERMINE IF CONSTRUCTION SERVICES - FIRM REG. #F-001145 T�'�' September 8, 2020 CITY OF WYLIE THERE ARE ANY CONFLICTS WITH THE PROPOSED FACILITIES. THE 201 WINDCO CIR, STE 200, WYLIE, TX 75098 PROJECT NO.: 02031 cL CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY WHEN COLLIN COUNTY, TEXAS CONFLICTS WITH EXISTING UTILITIES ARE DISCOVERED. 972-941-8400 FAX: 972-941-8401 WWW.ECDLP.COM DWG FILE NAME: 2031 LOT 1R ZONING PLAN.DWG Ai Notification Map ........,. ...-• .-.i ,' i �, 1 �‘ BIRMINGHAM • FARMS 3A I I 11 I. 1 1 i I I I • WYLIE UNITED ���v������������������������ I METHODIST �����������������������j�j�j���j���������j�j�j I CHURCH ��o►.����������������������� I I j 1 ��������������������������������������������������� j I I I ♦�����������������������♦ 1520 j I ��������������������������������������������������� I I I I I I I �������������������������� j I ��^ � 1 1 i j MCMILLEN RD i i I if i i '• i '• i MCM1,LEN i ESTAI'SS N •A -..� '•.` 4-. .` .- ZC 2020-11 ; Keles Convenience Store; SUP IA 2� 1 200 Foot Notifcation Buffer Subject Property ^ ' �- �t`.' + F FrO•I _!e J._I CITY OF _ '' _ • `" ,� N 0 40 80 160 240 320 Feet WYLIE p,q� .emu )'( i A I I I I I I I I I I I 21-February 2020 City Council Members City of Wylie 300 Country Club Road Building 100 Wylie, Texas 75098 And Department of Planning City of Wylie 300 Country Club Road Building 100 Wylie, Texas 75098 Honorable City Council Members & City Planning Managers: I am the officer of the company 1Avval Enterprises, LLC (collectively "Owner"), that owns the adjacent property to the applicant's parcel, We are located at 1520 Park Boulevard. We did not have an opportunity previously to provide an opinion on this zoning change application as the notifications for public hearing that were sent was not received due to issues with the recording of our mailing address at Collin county Registrar's office. Therefore, were unable to participate in the Planning and Zoning public hearing that was held on 4th February 2020. As the owner of the above mentioned adjacent property. We are building a state of the art nationally renowned early childhood private school and will increase the profile of the community in this locale. With regards to this rezoning of the 3.873 acres located on the northeast corner of Country Club Road and Park Boulevard to allow for the development of four thousand (4,000) square feet for use for convenience store, which may result in allowing to offer to sell beer and wine within the convenience store. We have following comments, concerns and objections: Firstly, as per the Wylie Zoning Ordinance's Article 5.2, Section 24, Sub Section (b, 2). It stipulates that requirement for alcohol sales as follows. "The establishment should not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections" Our school is a private school and meets the criteria set by the Wylie ordinance. Accordingly, this rezoning application does not meet the distance requirement set by the ordinance. Furthermore, as per the Texas Alcoholic Beverage Code (TABC) Section 109.331 gives full latitude that permits the city council to adopt a local ordinance prohibiting sale of alcoholic beverages within 300 feet of public and private schools, church, and or public hospital that may include certain day-care centers or child-care facilities as well. Secondly, The Park Boulevard and Country Club intersection is home to a number of schools and churches. See the exhibit below for illustration. Godrd • Schdaool : .R Invincible \ Church ulen:A Subject Property G•_.f�loot Lodge P:�.a[e School SMecy a crank M K4rikr Jr.Nigh Schap[ �$ % Park Bhad mil! Park Dhrd ear ngharn Fa(ms Park Note: Not to scale;For illustration purposes only As the town grows, this will have bigger impact to student traffic in this corridor. Having a limit to sale of alcoholic beverage is such an area will be a socially responsible direction as a community. Therefore, we are Against this zoning change. Sincerely, lmran Khan, 1Avval Enterprises, LLC fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27,2020 Item Number: 4 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 19,2020 Exhibits: 4 Subject Hold a Public Hearing,consider,and act upon,a change of zoning from Agricultural District(AG/30)to Townhouse District (TH), to allow for single-family attached residential development on 1.83 acres, generally located at the southwest corner of Brown Street and WA Allen Boulevard. (ZC2020-09) Recommendation Motion to accept withdrawal. (ZC2020-09) Discussion OWNER: Gary Sixkiller ENGINEER: ND & Associates The applicant is requesting to withdraw the item from consideration. Notifications/Responses: 23 notifications were mailed; with one response received in opposition and none in favor of the zoning request. P&Z Commission Discussion After two citizens spoke regarding visibility and drainage, the Commissioners voted 6-0 to recommend acceptance of the withdrawal request. Page 1 of 1 Locator Map - ... ty `205 • 210 'e. sk-V 1 ,N - ', ,,,. , ,a., - 7i I een + -` f o e. 201 0 u.. r r 1 •�,e . , SQI//RED •0"' Y r Zr• 20 , t� �,,`. ■LLi /.� f' 1010 '` '"" r ' -FrAtiiit T ! pr• • -,' *sii (I) *. f . . D .' - •'' .. — W 4lli �4T•4� � �Q�1� L. �re I j * 17 ,94 A i 9 0,. ��' 4 .�1,4 • k. , ,tom i Y'.t i . dJ ■l , ' E.BR'01NN sir. . 019 1017 1015 1013 101 009mw " 1005 `:1 001 t _, -.. ,d 4` � ' • 0ry >, � ��� y���',* '� ant era fj : r z11 '.i'j,11 �._ SHELDON�DR - `�OV w�j�j� > • ' 208 zo 0' 1j 1008 %"' I r ®��� zip k 206 zo 102 ./ '1�0...,Ho' _ e.101 , e�[ ��1������•���•� _ c�.: LLJ t ioz iril . �i. .Y� F46. 4,.'+ a p zoa zo 104. k 105 Q' 10c N:' �� - 204 + POs� 204 �. '.... 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SUR EY1,21:2 t -113 CIR % -4 1 ZC 2020-09 Garden Square Townhomes IA/ i • Subject Property IN ,r 3s�`j, , 1 '-y.s,.,..-- -7;14; • F_= rr o j• e �, ._J CITY OF '-- I • ;PP°- _ • z N 0 125 250 500 750 1,000 Feet WY L I E pp a.` +j` ok I I I I I I I I I I I I EXIST. TYPE Y INLET LAND USE: SINGLE FAMILY RESIDENCE 1 i TOP:513.20' F o� Z _FL 18°'RCP (W):505.66' �_ _ KREYMER ESTATES, PH 1 I o`' aVOITINE211141---___\_ ►� LOT 8 1/2'°PIRG LOT 7 VOL. 955, PG 470, D.R.C.C.T. OHE �Ao = 70.84' ( ESTWOOD) 70.84' N 023 8 E LOT 6 20.203 ACRES -OHE- ' " F 1 Z ) -- ry 55.33' 72.0 383.83' -OHE LOT 5 v 30.33' 15.0' 15.0' 48.74' 30.0' 30 oHE 120.0' 165.35' E 1 0 • 45.0' oI 11111.11111111111111 10' PRIVATE DRAINAGEESMT 0' 10' 20' 40' • o v LI o 45.0' 1 1 41 BENCHMARK NO. 311111Willillr 020' NTMWD EASEME T 1 1 ELEV:513.486' ` +, I VOL. 3274, PG 50• 23.64Co , . • D.R.C.C.T. I ' 30' FIR: LANEs 9 0 • 30' ILIAN ��x ` • E F .,�, (NO PA KINa �� • (NO .11.. I, ! .. ALL' :D) o , • ALLOWED) ` ' .q ! ' : � I I D I ` `� X DEVELOPER/OWNER ARCHITECT • o I �I I 30' FIRE L ; !all ' --' ilicj: •�■ 0 , MMYA INTERNATIONAL, INC. AMAZING CONCEPT, LLC • D NMUTU AN ' • cn O CONTACT: MOHAMMAD RAHMAN CONTACT: FAKRUDDIN KHONDAKER AIA, NCARB ALACCESS, 30' FI' L o C7Z CO W ANE, D 801 ARAF AVENUE 545 COVENTRY DR. 0 `o DRAINAGE. ESMT. MUTUAL ACCESS, !WPARILOLP. 6 g7) 1 RICHARDSON, TEXAS 75081 GRAPEVINE, TEXAS 76051 iL * DRAT II SCREENING f Dz - IIPh. (817) 808-0866 PH. 817 808 0811 C NAG ` O D% r 7J 1 110 z 0 ' (� E-mail: Lusaillc©hotmail.com E-MAIL: akm.helaluzzaman@gmail.com II l N o o m D O �� rnN I 0 N= rn ' io v ► , '; , p XI �0��0 CIVIL ENGINEER SURVEYOR D Cn X w < 9! - -Is- •1- o m �I �O 10� 0co I ND & ASSOCIATES, LLC GEONAV "CHRIS"C7 O�Z 73 CONTACT: NAIM KHAN, P.E. CFM CONTACT: JOEL HOWARD D �z4 r`' ,� ' �i / c�N I = 0 2105 CANYON CREEK DRIVE 3410 MIDCOURT RD., STE. 110 0 z ' °'� 0 I GARLAND, TEXAS 75042 CARROLLTON, TEXAS 75006 r I�1 - o ` -H m �- - z I PH. 214 533 7181 PH. 972 243 2409 n w o • "o. ' �I ��, ):_, ��� = I I E-MAIL: naim1207©yahoo.com E-MAIL: Chris.howard©geo-nay.com D111111111F- � � r = m _ . ocKcn C� G7I -I c o D^ w �, o �* U� < Dr -I I r Z O r- p v' O U! *I m N -I IZC c� � iihiI1iIuiIuIIIIIIiiiilr - \ , D � � x -0 so- I . • 0 (--1 D �I ; I TI C, C�•� � m m o > m Al / °r- o I o \ Orri � � 0 Zz Dmr �zF >AFri cNG� rZ umm' --� II ' 71 - I 00111,W211104110M /4644. D -n m ICfl _ �'Z15411 - `�o. ' CA o F VI BM # 1 40/ �, cn D ELEV:520.976 RI �� 50' FIRE LANE G o �i �� I LAND USE: RESIDENCE �� MUTUAL ACCESS, uEs PAR INC 1 ii 2 ,��' RODNEY & DOLORES SMITH UTILITY & __ �, �`S / VOL. 4374, PG. 1488 DRAINAGE. ESMT. 50.0' 50' FIRE LANE, I � / s • I 0 5 PARKIN I © 2 n X10 MUTUAL ACCESS, F �� _l' / ��, - 4.12 3 ACRES QuiRE D imim , I UTILITY & - I D.R.D.C.T R. DRAINAGE. ESMT. PROP. 6' f Iz CURB INLET 1 1012 E. BROWN ST. i 01 30' FIRE LANE 30' FIRE LANE • SCREENING I I - RIM: 521.00 25.43 \k. (NOPARKING (NOPARKING WALL 21 RCP (N):515.59' r _ I I WYLI E, TX75098' ALLOWED) I I h' PROP. 6' ,� I 15' SIDE YARD CORNER SETBACK LINE ALLOWED) Wall j 0 _ Pkw�m 105.25' SCREENING �'�� LI i 1 l 1 1 � / SO ,i 11\\ 10' LANDSCAPEV E. BROWN ST. 'I. � �- \ 3 34"W BUFFER R - - - _1- 3 Z- °� y mr„,a,,,,,, ,od . °� �rlli - ' k. 363.50' �� I In� ". toy 11111 O 1 O I SHELDON DR.. 0 / ,k OHE�OHE o� ��111�1 R ►►. _ . 15' WATER ESMT. �' 3Hi� 3Hf . •H 111111• 0�� _� " •" 6 p0 7,40, 3H0- - b� w WBENCHMARKNO. 2 JOHE oHE �'r'illl�l olc�ic� rT�,nEcW^� �� �I�1111�- �� __-- -� .� � U O • OHE 0J C� -�aa -_ii� Q Z ELEV: 520.246' PROP. BFR HPROP, �`�� ' o� oHE oHE °� -iiiil _ •To� _Q W O 30 BFR PROP. BFR �5.. �IBEWALK ir401 \w 90.24' �� ePi EXIST. BFR - - _ - _ 0 Z >- 30' PROP. BFR � =�i � � Q 0 � � � / � J � U � C = m O z_ EXIST. 12" SANITARY SEWER LINE 102.90' 3'� ,9 FAIRVIEW ssssss- REMOVE & RELOCATE EXIST. SIGN ST �� �� z z DR. Q SANITARY SEWER ss�ss�ss� m 3� I MANHOLE ss�ss�ss�ss� �oo I ��� /QC J w z RIM: 519.62' ss ss�ss�ss�ss EXIST. 12" SANITARY SEWER LINE 1 1 �/� F J < E. OAK ST. 3 f FL 12" PVC (N): 507.39' W. A. ALLEN BLVD . ssss�ss� D I C Q SS-S F D R. FL 12"Pvc (S): 507.36' VARIABLE WIDTH RIGHT OF WAY sT.xis --ss-ss-ss_SS Q = I r TOP 523.62 m Iz I FL 12" PVC 508.62 (N) I� r 12" PVC 508.59 (S) _ P I Z -ISH _ _ _ _ _ _ W-W- W-W-W_W-W_SITE DATA TABLE - - - _ _ _ _-W- _ W 15�-1 „_ _w LINE _ - - _ W-W-W-W-W-W-W-W-W�-W W I VICINITY MAP W-W-W-W-W-W-W-W-W-W-W-W- - - SCHEDULE - - - - - `� W-W- W_ NOT TO SCALE CURRENT ZONING AG/30 AGRICULTURAL 1 . CONSTRUCTION DRAWINGS TO THE CITY ON NOVEMBER, 2020. 2. CONSTRUCTION START ON FEBRUARY, 2021 . PROPOSED ZONING TH (TOWNHOUSES) 3. CONSTRUCTION ENDS ON APRIL, 2022. PROPOSED LAND USE TOWNHOUSE (TOTAL 16) 005111\1E21101Na LOT AREA (GROSS) 1 .83 AC. (79,708 SF) LAND USE: WYLIE FIRE STATION 3 1 1 I ZONING EXHIBIT TOTAL LOTS 16 NOTES: I MINIMUM LOT WIDTH 30' NOTES: 1 . 6' WROUGHT IRON SCREENING WALL BETWEEN BRICK OR STONE COLUMNS SPACED ? 2 & 3 BEDRM. UNITS. EVERY 50' WILL BE INSTALLED ALONG THE STREET FRONTAGES. / GARDEN SQUARE TOWNHOMES Date : 8 27 2020 MINIMUM LOT DEPTH 100' & 120' I MINIMUM INTERIOR LOT AREA REQUIRED 3,000 SF 2 STORIED BUILDINGS. 2. ALL BUILDINGS WILL BE REQUIRED TO HAVE A FIRE SPRINKLER 13D SYSTEM. 1 I MINIMUM 1 ,500 SF UNITS W/ 3. ALL ACCESS EASEMENTS ARE TO BE MAINTAINED BY AN HOA. I 1012 E. BROWN STREET Design ND INTERIOR LOT AREA PROVIDED 3,100 SF. 2 CAR GARAGE 500 SF. g BEING 1 .83 ACRES TRACT SITUATED IN THE FRANCISCO DE LA PINA SURVEY ABSTRACT 688 MINIMUM EXTERIOR LOT AREA REQUIRED 3,500 SF EXTERIOR LOT AREA PROVIDED 4,700 SF. 1 DOC NO 98-0088596 Draft : ND LEGEND I I O.P.R.C.C.T CITY OF WYLIE, COLLIN COUNTY BUILDING COVERED AREA (GROSS) 22,560 SF. (INCLUDING GARAGES) IN EXISTING CURB INLET w w w EXISTING WATER LINE I I I TEXAS -e- PP EXISTING POWER POLE SS EXISTING SANITARY SEWER LINE ®®®®®®®a® Checked N D LOT COVERAGE (GROSS) 28.22% (TOTAL BLDG./TOTAL LAND) WV EXISTING WATER VALVE STM STM EXISTING STORM LINE ®®PE OF T��o °o • LP EXISTING LIGHT POST • ' 6 , � ND & Associates, LLC EACH TOWNHOUSE FLOOR AREA 1 ,500 SF MIN. (1 ,200 SF. ALLOWED) GAS EXISTING GAS LINE i� *°o 08-27-2020 2105 Canyon Creek Drive coo FH EXISTING FIRE HYDRANT OHE EXISTING OVERHEAD POWER LINE o * ' % * DD Md. Naim Uddin Khan y ND PROJECT N 0 D MD NAIM UDDIN KHAN D Garland, Texas 75042 SSMH EXISTING SANITARY SEWER MANHOLE D FLOOR AREA RATIO 0.36:1 (1 ,800 SF/EACH UNIT) O F0 EXISTING FIBER OPTICS LINE D �•. 87�6 ;�® ENGINEER N0. 87776. THESE PLANS WERE � � ZE2020- 035 Gv PREPARED UNDER THE RESPONSIBLE SUPERVISION GW EXISTING GUY WIRE 0�O �F ��•. �® OF MD. NAIM UDDIN KHAN REGISTERED o CiSTE .. ��® PH: (214) 533 7181 BUILDING HEIGHT 31 ' IN TWO STORY (40' ALLOWED) o cv EXISTING CABLE VAULT e� F'C ... G® PROFESSIONAL ENGINEER s,2NAL F� THE SEAL APPEARING ON THIS DOCUMENT WAS EMAIL: naim1207©yahoo.com SHEET 1 OF 3 �®®®®®® AUTHORIZED BY MD. NAIM UDDIN KHAN P.E. �7 LOT COVERAGE (SMALLEST LOT) 900 + 500 = 1 ,400/3,100 = 45% #87776 FIRM # F - 13340 OWN ST.E . BRSITE 6' HICKIGH/WROUGHTSTONECOLURON I FENCE WITH _ BR 50' DISTANCE. / 4 ` I \� 10 LANDSCAPE AREA _ _ ! �� \ E Brown St ,' E Brown Si _y �fr I _ ---- �` I Irilik7 �,� J / E Brown St E Brown St 1411.1.'ifelrrAir�`\ ' 13„ / E E Brown r�� iik , 30'- ''' ' 30'-0 �� y 30'-0" 30'- 47—� ,���A, Q Bloomfield Homes W - # at Kreymer Estates o INDEX TO DRAWINGS: of G I\ 9Wyli zse in Sheldon DrRescue Station 3 CO REV. SHEET DESCRIPTION "1012 East:rown Street `n ti L x I- A101 LOCATION, SHEET INDEX & a U PROPOSED SITE PLAN 45'DBLE.REAR YARD SETBACK LINE F N J . E --.--- ; ; J cOn O J A101 F FIRE HOSE REACH PLAN I I, 5„ w W Q ca 7„ / I I 1 -11- w w m CO cc• A201 NOT INCLUDED o 11•-88 ® I I i i 8 O U � O U A202 NOT INCLUDED b ir ® o CZ E o = ' Q a� °O A203 NOT INCLUDEDla m o z = A204 NOT INCLUDED 1 I 41.471•01 1 I1'6 oSITE LOCATION a roximatel zENTRY ENTRY ENTR '0 0 2 .1-1-1 -o >• A501 BLDG. A EXTERIOR ELEVATIONS / ENTRYI ENTRY ENTRY IQ SCALE: NOT TO SCALE Z E I— all JA502 BLDG. 'B' EXTERIOR ELEVATIONS �0012 BOW \ ST. CCT A503 BLDG. 'C' EXTERIOR ELEVATIONS 2A'' ; C;'S 2 'A ' • _ Wy le , Tx / 5098 0 � � co Cl- W A 0 I I I I , I I • i I J J Cl ZONING EXHIBIT I I I -- ---- _ L - -- - - O C2 CONCEPT UTILITY __ , _________i___________30'VVIDE�COMMON__________ _______ _ _ LAND AREA: 1 .8298 ACRES C3 CONCEPT DRAINAGE DRAINAGE EASEMENT T --- CCI - � 1 ACCESS, UTILITY& o DRIVEWAY , PROPOSED 16 TOWNHOMES 4, I 50'FIRELANE, MUTUAL HZ LOT WIDTH: 30' V1IN. ACCESS, UTILITY& -- ; DRAINAGE EASEMENT W LOT DEPTH: 100' & 120' N IN. W 0 / Z NO PARKING ALLOWED - 30' WIDE w CO Er) W , FIRE LANE Z LOT AREA: 3,000 SF. MIN. 0 rn \, o I Q J CORNER LOT AREA: 3,500 SF. MIN. _ Lo I J Z ti I y O ~ R I Co 1 - ---- -- �� I \ 2 & 3 BEDRM. UNITS. .a� ------� N. ----------- ' 14( 2 STORIED BUILDINGS. W > CODE DATA �+ ---- ,_-- - - 50'-0" o 20� J • MINIMUM 1 ,500 SF UNITS W/ < }; 0 j S I j ZL.Li L I 2 CAR GARAGE 500 SF. CO GENERAL INFORMATION: 0 •� i �°�� o i 0//'� = `' 1"- I _iQ QXW � VJO Z W C� I p Z .'ZONING CHANGE REQUEST : AG/30 TO TOWNHOUSE DISTRICT 0 12 , I WZ zM , ---- _ — 1 1 — —---------------- ��Q Q J r`ioo C 0 \ T A C S e 0 0 LLi N oQ O CODE TYPE , . Luz oi I ui m \ Q C) ALL CURRENT LOCAL AMENDMENTS ARE ALSO PART OF EACH OF THE FOLLOWING CODES: 00 o i N OWNER/DEVELOPER ARCHITECT OCD � I`n o -.', MMYA INTERNATIONAL, LLC. FOKRUDDIN KHONDAKER AIA, NCARB op BUILDING CODE IRC 2015 C S • i MOHAMMAD RAHMAN AMAZING CONCEPT LLC. e• i L, i 801 ARAF AVENUE 545 COVENTRY DR. REVISIONS: . = 1, Richardson, TX 75081 i Grapevine, Tx 76051 r-_--__` • w �____ s _1 PHONE: (817) 806-0866 P _-- -- - -- - ------ o �\ -- ------�-_4_,„, 1 EBl91RCT: (817) 808-0811 OCCUPANCY TYPES: R4 : TOWNHOUSES AHMED HELALUZZAMAN • Designer, ■ ! Email: Designer, TYPE OF CONSTRUCTION: TYPE V-B (PROTECTED) r`=ro 2 '" 13D FIRE SPRINKLER SYSTEM IN ALL BUILDINGS. o0 1, _ SURVEYOR CIVIL ENGINEER � I GEONAV �° o 3401 MIDCOURT RD., STE.110 ND & ASSOCIATES, LLC. o w Carrollton, TX 75006 2105 CANYON CREEK DR. 25'-0" / z 50 FIRELANE, MUTUAL U w ''' Irlirili ACCESS, UTILITY& Z w ' PHONE: (972) 243-2409 GARLAND, TX 75042 I DRAINAGE EASEMENT ' LLJ PHONE: (214)-533-7181 _ -_ __ — 1I 30' WIDE o o CONTACT: JOEL "CHRIS" HOWARD Email: Naim1207@yahoo.com S DATA TA B L i 0 10,4 NO PARKING ALLOWED FIRE LANE Z "' / Email: Chris.howard@geo-nay.com CONTACT: NAIM KHAN, PE CFM Q oow U C/7 DESCRIPTION I 30'WIDE COMMON_ 1" DRIVEWAY N_ ARCHITECT OF THE RECORD: T_ ____ �� = Y ACCES_S UTILITY = " ' DRAINAgE EASEMENT . m o Fokruddin Khondaker AlA,NCARB. DESENT ZONING AG/30 AGICULTUAL I I I I Oculus Architects, Inc. �r i 4 / I ; 14310 Rich Branch Dr. P�OPOSED ZONING TH (TOWNHOUSES) in N I r y I • — Tei(608)2285 5D20876 TYPICAL SITE PLAN NOTES: 4. i A 4i 11i �i\ '\I I - / L 1. ALL UTILITY SERVICES NEEDS TO BE VERIFIED A I ��y REFER TO CIVIL & MEP DRAWINGS. LOT AREA GROSS 1 .83 AC. (79,708 SF `�'� (GROSS) ( ) = C' 'S 2 'A'' I C' 'S 2 'A'' ,,0 %4�I 2. REFER TO CIVIL DRAWINGS FOR FINAL GRADING. BUILDING COVERED AREA (GROSS) 22,560 SF. (INCLUDING GARAGES) ; I ii 3. REFER TO CIVIL & SURVEY DRAWINGS FOR ' I 11,0 LAND BOUNDARY & AREA. LOT COVERAGE (GROSS) 28.22% (TOTAL BLDG./TOTAL LAND) ENTRY / / ENTRY ENTR / ENTRY ENTRY ENTRY - / 1,„ . , 4. REFER TO CIVIL FOR ROAD CURBS, DETAILS & / i I in DIMENSION CONTROL NUMBERS. EACH TOWNHOUSE FLOOR AREA 1 ,500 SF MIN. (1 ,200 SF. ALLOWED) i i2, 444710r)r 5. REFER TO CIVIL FOR ADDITIONAL PROJECT DATA. LOO AREA PATIO 0.36: 1 SF EACH UNIT) o ® I I 6. ALL ACCESS & EASEMENTS TO BE MAINTAINED BY amazing concept (1 ,800 / co Ap4) ' r t 1 1 e * I HOME OWNERS ASSOCIATION (HOA). residential&commercial projects I ■ i I ,Tx 76051 BUBUILDING ) BUILDING HEIGHT 31 ' IN TWO STORY (40' ALLOWEDOr TeL(817)8080811 Ar 01A7 i ." 111 1 --% �' 1" N E-mail:545Coventry akm.helaluzzamanDrive,GrapevineC�gmail.com I I 25'REAR'YARD SETBACK LINE _ ' .0�1 ,A ' SHEET TITLE: 12-8 30'-0 30'-0" 30'-0" 30 0 45 0 I EXTERIOR LOT AREA 4,700 SF. (3,500 SF. MIN. NEEDED) 8 30'-0" '- " " PROPOSED I INTERIOR LOT AREA 3,100 SF. (3,000 SF. MIN. NEEDED) SITE PLAN (PROPOSED) SITE PLAN III _. '207' - 9 '; —_ ! —INTERIOR LOT AREA 3,100 SF. (3,000 SF. IV IN. NEEDED) I L —_—_—_—_—_ ---_--- — 01DATE: SCALE: — — SCALE: 1" = 20'-0" -- — — — — 08.27.2020 AS SHOWN LOT COVERAGE (SMALLEST LOT) 900 + 500 = 1 ,400/3,100 = 45% EXISTING ALLEY DRAWN: DESIGNER: A.HELALUZZAMAN PROJECT # H-2020-03 SHEET NO: Al 01 Notification Map >, co SWITCHING r I STATION i♦ LJ P \ANDHAM p Z ES TES 1011 U) PHASg3 I- `•� Z . j S. • /i E BROWN ST 1 *I i i i 105 loo3[ um ��j���������������������j������������������� i 1 ' ri : Fl E I FIRE I 1 oc ���������������������� 4 STATI STATION 3 : ,��*����• i N O 3 • S H E L D d)N DR �i�i�i�i�►�i�i�������ii�i�i�i�i�i�i�i�i�i�i ! 1 �i�i�i�i�0i�i���',rP���������i i e I [ff3 102 > KREYMER ���������������� I —J 1 ESTATES I ���� �������������������������������������� m 1 1l 1 PHASE 1 j I W y ♦��������������������♦ -J 1 i 204 ai (i) i z a i �i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i i I i I CI 202 ; 1 Z 108 1 —J _a) 1 EASTRIDGE i Q 200 I 110 .� I •, L= 111 •, I •`. ;I N •, / %. 112 A ..,....... .♦u 1053 1055 11057 I I I ZC 2020-09 Garden Square Townhomes �� '�L,, IA/ �_._._. 1200 Foot Notifcation Buffer ����������� Subject Property IN s �*,� 55 ..� ��, r J F-__ r U I _1t. ,J CITY OF - ! _ • ` �� N 0 45 90 180 270 360 Feet VVY L I E _ �.� ►-• A I I I I I I I I I I I I PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2020-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2020-09. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 6,2020 6:00 pm — —�vt nlcipal Complex,3WU Country Club-Road,Building 100,WyTi Texas— - - Date,Location&Time of City Council meeting: Tuesday,October 27,2020 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: (please print) Address: 2co 1eY\ 131 uci Nu) (c-1 Signature: Date: /221 202 COMMENTS: -This ClArrtlYCdbUthrri , co oc OW Vw Cexv1 0 V Not on 11 v `v rt. ` Vc P:r - © V1h«Mo.0 r con' - Mac* -ho (oo Qob uo‘yblovo tiveyuAtivv\A go_ *Lc. sk, bimir\-1- ooMsc owc cKwav pcx&rucbm riro-k) Lortai-40 )ict-v\ elv,SktAi bthir tf)OcL lout d mess \ I N , 2 s CiniI . .� . UOa ) �c�l a UX0UOh MO,ILhew ttAi, CLe)(4 sevcdm-zrit rlksupropEr+A kLL V ec1 - Stop Mk UOtkVit coin rnikVb (k, -bp oc--t\onzIA - 10R wN\-WKA)3\\SGN Le' 5c63 .O11L{