01-12-2021 (City Council) Agenda Packet
Wylie City Council
NOTICE OF MEETING
Regular Meeting Agenda
January 12, 2021 - 6:00 PM
Wylie Municipal Complex
Council Chambers
300 Country Club Road, Building #100
Wylie, Texas 75098
Matthew Porter .......................................................................... Mayor
David R. Duke ......................................................................... Place 1
Dave Strang ............................................................................. Place 2
Jeff Forrester ............................................................. Mayor Pro Tem
Candy Arrington ..................................................................... Place 4
Timothy T. Wallis, DVM .......................................................... Place 5
Garrett Mize ............................................................................. Place 6
Chris Holsted .................................................................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. 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
PS1. Wylie Way Shining Star Students.
PS2. Sarah Fuller Day.
January 12, 2021 Wylie City Council Regular Meeting Agenda Page 2 of 5
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 December 8, 2020 Regular Meeting and
Work Session and December 21, 2020 Special Called Meeting of the Wylie City Council.
B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of November 30, 2020.
C. Consider, and act upon, the authorization of an Interlocal Agreement between Collin County,
Texas and the Rita and Truett Smith Public Library for library services in the amount of
$6,868.00 for Fiscal Year 2020-2021, and authorizing the City Manager to execute any and all
necessary documents.
D. Consider, and act upon, a preliminary plat for Muddy Creek Wastewater Treatment Plant
Addition, to create one lot on 50.38 acres, located at 5401 Pleasant Valley Road.
E. Consider, and act upon, a final plat for Muddy Creek Wastewater Treatment Plant Addition,
to establish one lot on 50.38 acres, located at 5401 Pleasant Valley Road.
F. Consider, and act upon, a final plat for Liberty Private School Addition, being a replat of Lot
1, Block A, to establish two ETJ lots, property located at 1435 East FM 544, in the City of
Wylie’s Extra Territorial Jurisdiction.
G. Consider, and act upon, Ordinance No. 2021-01, amending Zoning Ordinance (2007-23) Article
2, Section 2.5.C Accessory Structures, as it relates to the development standards of accessory
structures and carports. (ZC 2020-14).
H. Consider, and act upon, Ordinance No. 2021-02, amending Zoning Ordinance (2006-04) Article
5, Sections 5.1.F Land Use Charts and 5.2.F Listed Uses, as they relate to the Automotive
Repair, Minor use (ZC 2020-15).
I. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
November 30, 2020.
J. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30,
2020.
K. Consider, and act upon, the award of RFP #W2021-3-A for an Electronic Bill Presentment and
Payment Provider for Utility Billing Department (EBPP); to Invoice Cloud Inc. in the
estimated annual amount of $160,000.00, and authorizing the City Manager to execute any and
all necessary documents.
January 12, 2021 Wylie City Council Regular Meeting Agenda Page 3 of 5
L. Consider, and act upon, the approval of the purchase of Tahoe SSV vehicles and in the
estimated amount of $74,092.00 through an inter-local purchasing agreement with The
Sheriffs’ Association of Texas, and authorizing the City Manager to execute any necessary
documents.
M. Consider, and act upon, the approval of a Clinical Education Affiliation Agreement between
City of Wylie EMS and Wylie Independent School District, and authorizing the City Manager
to execute any necessary documents.
N. Consider, and act upon, the approval of the purchase of vehicle safety equipment and services
in an estimated annual amount of $100,000.00 from Pursuit Safety Inc. and Priority Public
Safety; through a cooperative purchasing agreement with the Collin County Governmental
Purchasing Forum/City of Allen; and authorizing the City Manager to execute any necessary
documents.
O. Consider, and act upon, the approval of the purchase of a Rosenbauer Commander Fire
Apparatus from Daco Fire Equipment in the estimated amount of $1,082,137.00 through a
cooperative purchasing contract with Houston Galveston Area Council (HGAC), and
authorizing the City Manager to execute any necessary documents.
REGULAR AGENDA
1. Consider, and act upon, authorizing the City Manager to sign a Development Agreement,
between the City of Wylie and Skorburg Company regarding the use of building materials for
the development of a single family planned development generally located on Woodbridge
Parkway across from Raymond Cooper Junior High School.
Executive Summary
The applicant has requested to enter into a development agreement with the City of Wylie regarding the use of
building materials for the development of a single family planned development generally located on
Woodbridge Parkway across from Raymond Cooper Junior High School.
2. Hold a Public Hearing to consider, and act upon, a recommendation to City Council regarding
a change of zoning from Agricultural (AG) to Planned Development - Single Family (PD-SF),
to allow for single family development on 13 acres located on Woodbridge Parkway across from
Raymond Cooper Junior High School. (ZC 2020-13)
Executive Summary
The applicant is requesting to rezone 13 acres located on Woodbridge Parkway across from Raymond Cooper
Junior High School. The property is currently zoned Agricultural and contains a single-family residence. The
proposal is for a planned development for single family detached use.
3. Consider, and act upon, authorizing the City Manager to sign a Development Agreement,
between the City of Wylie and Boussel Honrobia (Applicant) regarding the use of building
materials for the development of a Light Industrial property located at 32 Steel Road.
Executive Summary
The applicant has requested to enter into a development agreement with the City of Wylie while requesting to
rezone the property located at 32 Steel Road.
4. Hold a Public Hearing, consider, and act upon, a request regarding a change of zoning from
Planned Development Ordinance No. 2018-30 (PD 2018-30) to Light Industrial (LI), to allow
for light industrial development on 2.9068 located at 32 Steel Road. (ZC2020-16).
January 12, 2021 Wylie City Council Regular Meeting Agenda Page 4 of 5
Executive Summary
The applicant is requesting to rezone the property located at 32 Steel Road from Planned Development
Ordinance No. 2018-30 (PD 2018-30) to Light Industrial (LI).
5. Hold a Public Hearing, consider, and take action on Resolution No. 2021-01(R) authorizing the
use of eminent domain to condemn and determining a public necessity exists to acquire certain
property for public use by eminent domain (in fee simple) for the construction, expansion,
access, repair, maintenance and replacement of the Ballard Avenue Elevated Water Storage
Tank and all appurtenances related thereto; giving notice of an official determination to
acquire certain property for public use by eminent domain (in fee simple) for the construction,
expansion, access, repair, maintenance and replacement of the Ballard Avenue Elevated Water
Storage Tank and all appurtenances related thereto; authorizing the City Manager of the City
of Wylie, Texas, to establish procedures for acquiring the property (in fee simple), to offer to
acquire said property rights, voluntarily, from the landowner(s) through the making of bona
fide offers; appropriating funds; providing for repealing, savings and severability clauses; and
providing for an effective date.
Executive Summary
To continue design of the Ballard Avenue Elevated Water Tank project, a property parcel is required. Approval
of the Resolution authorizes the City Manager to proceed with acquisition of the parcel, allowing geotechnical
borings to be performed on the site and design services to continue. The project, including property acquisition
is financed by 2017 Bond Funds and Utility Impact Funds.
WORK SESSION
WS1. Discuss an update to the Comprehensive Development Plan - Joint with WEDC and Planning
and Zoning Commission.
WS2. Discuss various allowed uses and the applicability of Special Use Permits - Joint with WEDC
and Planning and Zoning Commission.
WS3. Discuss Sewer Rates at Senior Living Communities.
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.
§ 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:
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
January 12, 2021 Wylie City Council Regular Meeting Agenda Page 5 of 5
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on January 8, 2021 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. This agenda is
also posted on the City of Wylie website: www.wylietexas.gov.
_________________________________ _________________________________
Stephanie Storm, City Secretary Date Notice Removed
Minutes December 8, 2020
Wylie City Council
Page 1
Wylie City Council
Minutes
Regular Meeting
December 8, 2020 – 6:00 p.m.
Wylie Municipal Complex – Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members
were present: Councilman David R. Duke, Councilman Dave Strang, Councilwoman Candy Arrington,
Councilman Timothy T. Wallis, and Councilman Garrett Mize. Mayor pro tem Jeff Forrester was absent.
Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City
Manager Renae Ollie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Information
Officer Craig Kelly; Finance Director Melissa Beard; Parks and Recreation Director Rob Diaz; Planning
Manager Jasen Haskins; Project Engineer Wes Lawson; Public Works Director Tim Porter; Fire Marshal Steve
Seddig; City Secretary Stephanie Storm, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Cherie Privett, New Hope Christian Church, led the invocation and Cub Scout Pack 5150 led the Pledge of
Allegiance.
PRESENTATIONS
• "In-Sync Exotics Day" Proclamation
Mayor Porter and Councilman Wallis presented a proclamation proclaiming December 9, 2020 as In-Sync
Exotics Day in Wylie, Texas. Representatives from In-Sync Exotics were present to accept the Proclamation.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
Sandy DiLorenzo, resident at Mansions of Wylie, addressed Council with concerns related to the sewer charge
for senior citizens.
Justin Tubb, Property Manager at Mansions of Wylie, addressed Council requesting the City allow the property
to utilize the senior rate for sewer.
Mayor Porter requested the City Manager reach out to the Mansions regarding the sewer rate.
Minutes December 8, 2020
Wylie City Council
Page 2
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 November 17, 2020 Regular Meeting of the Wylie
City Council. (S. Storm, City Secretary)
B. Consider, and place on file, Animal Shelter Advisory Board report to the City Council regarding
meeting held on November 11, 2020. (A. Henderson, Police Chief)
C. Consider, and act upon, the rejection of all submissions for RFP #W2020-42-A Community
Development and Work Order Software, and authorizing the City Manager to sign any and all
necessary documents. (G. Hayes, Purchasing Manager)
D. Consider, and act upon, a final plat for Fire Station #4 Addition Lot 1R Block A, being a replat of
Lots 1 and 2 Block 1 to establish one lot on 3.195 acres, located at 3200 McMillen Road. (J. Haskins,
Planning Manager)
E. Consider, and act upon, a final plat of Wylie Auto Addition, establishing two commercial lots on
4.118 acres, located at 2017 N State Highway 78. (J. Haskins, Planning Manager)
F. Consider, and act upon, a preliminary plat for Browngate Pointe, creating 39 Residential, seven
open space, and one commercial lot on 6.550 acres, generally located at the northeast corner of
Brown Street and Sanden Boulevard. (J. Haskins, Planning Manager)
G. Consider, and act upon, Ordinance No. 2020-63, amending Chapter 34 - Courts, by establishing the
Municipal Court in Wylie as a Municipal Court of Record. (L. Davis, Court Administrator)
H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of October 31, 2020. (J. Greiner, WEDC Executive Director)
I. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October
31, 2020. (M. Beard, Finance Director)
J. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2020. (M.
Beard, Finance Director)
K. Consider, and act upon, Resolution No. 2020-62(R) of the City of Wylie, Texas Suspending the
January 23, 2021 effective date of CoServ Gas, Ltd.’S requested increase to permit the City time to
study the request and to establish reasonable rates; approving cooperation with other cities in the
CoServ Gas, Ltd. service area; hiring legal and consulting services to negotiate with the company
and direct any necessary litigation and appeals; authorizing intervention in Docket OS-20-00005136
at the Railroad Commission; requiring reimbursement of cities’ rate case expenses; finding that the
meeting at which this Resolution is passed is open to the public as required by law; requiring notice
of this Resolution to the company and legal counsel. (C. Holsted, City Manager)
L. Consider, and act upon, the approval of W2021-29-I for the purchase of Laserfiche Rio document
handling software and annual maintenance from MCCI in the amount of $54,579.11 through a
cooperative purchasing contract with the Texas Association of School Boards/Buy Board, and
authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager)
Mayor Porter stated staff requested Item L be pulled from Consent Agenda and considered individually.
Minutes December 8, 2020
Wylie City Council
Page 3
Council Action
A motion was made by Councilman Duke, seconded by Councilman Mize, to approve Consent Agenda Items
A-K as presented. A vote was taken and motion passed 6-0 with Mayor pro tem Forrester absent.
REGULAR AGENDA
L. Consider, and act upon, the approval of W2021-29-I for the purchase of Laserfiche Rio document
handling software and annual maintenance from MCCI in the amount of $54,579.11 through a
cooperative purchasing contract with the Texas Association of School Boards/Buy Board, and
authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager)
Staff Comments
Purchasing Manager Hayes addressed Council stating a new cooperative purchasing agreement went into
effect on December 1, which resulted in a new quote of $59,114.61.
Council Action
A motion was made by Councilman Wallis, seconded by Councilman Duke, to approve Consent Agenda
Item L with the amended amount of $59,114.61. A vote was taken and motion passed 6-0 with Mayor pro
tem Forrester absent.
1. Hold a Public Hearing to consider, and act upon, amending Zoning Ordinance (2001-48) Article 2,
Section 2.5.C Accessory Structures, as it relates to the development standards of accessory
structures and carports (ZC 2020-14). (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating Planning staff and the Planning and Zoning Commission
held a Work Session at the September 15, 2020 Planning and Zoning Commission meeting to discuss
recommended changes to the Zoning Ordinance related to the accessory structures and carports. After a staff
presentation and some discussion, the Commission directed staff to draft a Zoning Ordinance amendment.
Haskins reported the amendments include: recommended changes for accessory structures to reduce the
standard rear and side setbacks from five feet to three feet, to increase the allowed height from 14 feet to 15
feet on lots under one acre, and increase to a height of 20 feet for lots over one acre in size. Accessory structures
with a height over 15 feet and to a maximum of 20 feet would be required to comply with the rear and side
setbacks of the primary structure. The recommended change for Carports is to reduce the rear setback for
residential properties with rear alley access from 20 feet to five feet. This setback would allow maneuvering
space for vehicles such as garbage trucks, utilities, and maintenance vehicles.
Staff supports the stated amendments as there have been numerous approved variances related to setbacks and
accessory structure heights. The Commission voted 6-0 to recommend approval.
Public Hearing
Mayor Porter opened the public hearing on Item 1 at 6:31 p.m. asking anyone present wishing to address
Council to come forward.
No one came forward for the public hearing.
Mayor Porter closed the public hearing at 6:31 p.m.
Council Action
A motion was made by Councilman Duke, seconded by Councilman Strang, to approve amending Zoning
Ordinance (2001-48) Article 2, Section 2.5.C Accessory Structures, as it relates to the development standards
Minutes December 8, 2020
Wylie City Council
Page 4
of accessory structures and carports. (ZC 2020-14). A vote was taken and motion passed 6-0 with Mayor pro
tem Forrester absent.
2. Hold a Public Hearing to consider, and act upon, amending Zoning Ordinance (2001-48) Article
5, Sections 5.1.F Land Use Charts and 5.2.F Listed Uses, as they relate to the Automotive Repair,
Minor use (ZC 2020-15). (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating Planning staff and the Planning and Zoning Commission
held a Work Session at the August 18, 2020 Planning and Zoning Commission meeting to discuss
recommended changes to the Zoning Ordinance related to the Automotive Repair, Minor use. After a staff
presentation and some discussion; including data regarding the use as allowed in surrounding cities, the
Commission directed staff to draft a Zoning Ordinance amendment. Haskins reported the amendments include:
amend the Zoning Ordinance use chart to require a Special Use Permit (SUP) for the Automobile Repair,
Minor use when the use is within the Community Retail and Commercial Corridor Zoning Districts, allow the
use by right in Heavy Industrial Zoned Districts, require additional provisions in all zoning districts and not
just Neighborhood Services, and require additional provisions when the use is within the Light Industrial or
Heavy Industrial Zoning Districts by requiring a SUP when it is within 300 feet from a residentially zoned
district. The Commission voted 6-0 to recommend approval.
Public Hearing
Mayor Porter opened the public hearing on Item 2 at 6:37 p.m. asking anyone present wishing to address
Council to come forward.
No one came forward for the public hearing.
Mayor Porter closed the public hearing at 6:37 p.m.
Council Action
A motion was made by Councilman Mize, seconded by Councilman Strang, to approve amending Zoning
Ordinance (2001-48) Article 5, Sections 5.1.F Land Use Charts and 5.2.F Listed Uses, as they relate to the
Automotive Repair, Minor use (ZC 2020-15). A vote was taken and motion passed 6-0 with Mayor pro tem
Forrester absent.
3. Consider, and act upon, a preliminary plat for Wyndham Ridge Addition, to create 119 single
family lots and three open space lots on 23.5226 acres in the City of Wylie Extra Territorial
Jurisdiction, generally located on Sachse Road approximately 900’ southwest of Pleasant Valley
Road. (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating the applicant is proposing to create 119 single family
lots and three open space lots on 23.5226 acres in the City of Wylie Extra Territorial Jurisdiction (ETJ). As
the proposed subdivision is outside City limits but within the ETJ of the City, the provisions and requirements
of the City Zoning Ordinance do not apply, but the Subdivision Regulations are applicable. Haskins stated the
plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations and the
Commission voted 6-0 to recommend approval.
Council Comments
Mayor Porter stated there was research done prior to the meeting by staff regarding the entrances not meeting
the distance requirements; however, the applicant is installing sprinklers in each home and that shall be
accepted by the Council as an alternative.
Minutes December 8, 2020
Wylie City Council
Page 5
Council Action
A motion was made by Councilman Mize, seconded by Councilwoman Arrington, to approve a preliminary
plat for Wyndham Ridge Addition, to create 119 single family lots and three open space lots on 23.5226 acres
in the City of Wylie Extra Territorial Jurisdiction, generally located on Sachse Road approximately 900’
southwest of Pleasant Valley Road. A vote was taken and motion passed 6-0 with Mayor pro tem Forrester
absent.
4. Consider, and act upon, Ordinance No. 2020-64 amending Ordinance Nos. 2020-24, 2020-25, 2020-
26, 2020-29, 2020-31, 2020-35, 2020-38, 2020-41, 2020-48, 2020-53, and 2020-62 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 staff is requesting the extension of the Declaration of Local
Disaster until January 26, 2021.
Council Action
A motion was made by Councilman Wallis, seconded by Councilman Strang, to approve Ordinance No. 2020-
64 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, 2020-41,
2020-48, 2020-53, and 2020-62 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. A vote
was taken and motion passed 6-0 with Mayor pro tem Forrester absent.
Mayor Porter convened the Council into a break at 6:46 p.m.
Mayor Porter reconvened the Council into Work Session at 6:51 p.m.
WORK SESSION
• Discuss a potential request for a change of zoning from Neighborhood Services District (NS) to
Multifamily District (MF) on 2.00 acres on Country Club Road approximately 1200’ north of
Brown Street. (J. Haskins, Planning Manager)
Planning Manager Haskins addressed Council stating the property owner of an unplatted two-acre tract located
east of the Cox Fine Floors has requested to hold a work session to discuss the potential development of a
multi-family development. A Traffic Impact Analysis (TIA) found that the one access point and the way
vehicles move in and out would not be safe or conducive to a high density use such as multi-family. Haskins
reported the subdivision regulations require all lots to provide at least 30 feet of street frontage. The lot is
served by an existing 24-foot fire lane. The additional six feet width cannot be accomplished without affecting
the parking layout of the existing Cox Fine Floors business. Staff's recommendation, should proceeding with
rezoning be agreeable, is for one additional access point to be provided using the adjacent property to the south
and for a variance to be granted for the 24-foot street frontage. Haskins stated the purpose of this work session
is to determine if the development's current design fits the location, density and aesthetics for the area prior to
requiring the applicant to apply for variances for the aforementioned 24-foot access point and negotiation with
adjacent property owners for the second access point to the south.
Vamsidar Malgireddy, applicant, gave a short presentation showing the vicinity map, survey, drainage exhibit,
site plan, building floor plan, building elevations, street views, and renditions of the inside and outside of the
buildings.
Malgireddy and Haskins answered questions from Council.
Minutes December 8, 2020
Wylie City Council
Page 6
Council feedback included Council members preferring a different use for this site, and Council members open
to exploring it with stated concerns regarding traffic and the access point(s).
• Discussion regarding results of the City of Wylie 2020 Pavement Management Services
Pavement Condition Report. (T. Porter, Public Works Director)
Public Works Director Porter addressed Council stating in April 2020 City staff budgeted and planned for a
professional pavement assessment to provide a proactive approach to reviewing the condition of the City's
roadway network and offer recommendations for planning annual pavement maintenance preservation project
funding.
Scott McDonald, representing DTS, addressed Council reviewing the results and giving an overview of the
Pavement Management Services Pavement Condition Report which included: Pavement Management and
Condition Assessment: prediction of life expectancy and performance, data collection technology using a
mobile asset collection van, right-of-way imaging, asphalt distress rating, concrete distress rating, surface type
distribution, and PCI score classes; Pavement Condition Results and Distresses: pavement conditions, 2020
network results, and distresses; Budget Scenarios: treatment activities, do nothing scenario, best first scenario,
worst first scenario, and alternative budget-best first scenario.
Public Works Director Porter answered questions from Council. Porter stated Council recommended the best
first scenario.
RECONVENE INTO REGULAR SESSION
Mayor Porter convened the Council into Open Session at 8:04 p.m.
READING OF ORDINANCES
City Secretary Storm read the captions to Ordinance Nos. 2020-63 and 2020-64 into the official record.
ADJOURNMENT
A motion was made by Councilman Duke, seconded by Councilman Strang, to adjourn the meeting at 8:07
p.m. A vote was taken and motion passed 6-0 with Mayor pro tem Forrester absent.
______________________________
Matthew Porter, Mayor
ATTEST:
______________________________
Stephanie Storm, City Secretary
Minutes December 21, 2020
Wylie City Council
Page 1
Wylie City Council
Minutes
Special Called Meeting
December 21, 2020 – 6:00 p.m.
Wylie Municipal Complex – Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members
were present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tem Jeff Forrester, and
Councilman Garrett Mize. Councilwoman Candy Arrington and Councilman Timothy T. Wallis were absent.
Staff present included: City Manager Chris Holsted; Fire Chief Brandon Blythe; Public Information Officer
Craig Kelly; Finance Director Melissa Beard; Records Analyst Darcee Watson, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor pro tem Forrester led the invocation and Councilman Mize led the Pledge of Allegiance.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
No citizens were present wishing to address Council.
REGULAR AGENDA
1. Consider, and act upon, Resolution No. 2020-63(R) authorizing the City Manager to execute an
Interlocal Agreement with Collin County for reimbursement of COVID-19 expenditures already
paid and incurred related to public safety employees. (C. Holsted, City Manager)
Staff Comments
City Manager Holsted addressed Council stating the Collin County Commissioners Court agreed to distribute
an additional $28.6 million to 14 Collin County cities to reimburse for public safety expenditures. The
reimbursement to the City of Wylie totals $1,462,769.68.
Council Action
A motion was made by Councilman Duke, seconded by Mayor pro tem Forrester, to approve Resolution No.
2020-63(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County for
reimbursement of COVID-19 expenditures already paid and incurred related to public safety employees. A
vote was taken and motion passed 5-0 with Councilman Wallis and Councilwoman Arrington absent.
Minutes December 21, 2020
Wylie City Council
Page 2
2. Consider, and act upon, Ordinance No. 2020-65 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)
Staff Comments
Finance Director Beard addressed Council stating the budget amendment request affects two funds. Fund 140
revenue is being amended to show receipt of the new county distribution and then re-allocating this amount
plus the remaining 2020 distribution to the General Fund (100). Beard stated the revenue received by the
General Fund will generate a larger than anticipated fund balance which will be available for Council direction
after all COVID-related expenses have been approved by Collin County.
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Mize, to approve Ordinance No.
2020-65 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. A vote was taken and motion passed 5-0 with Councilman Wallis and Councilwoman
Arrington absent.
READING OF ORDINANCES
Records Analyst Watson read the caption to Ordinance No. 2020-65 into the official record.
ADJOURNMENT
A motion was made by Mayor pro tem Forrester, seconded by Councilman Duke, to adjourn the meeting at
6:10 p.m. A vote was taken and motion passed 5-0 with Councilman Wallis and Councilwoman Arrington
absent.
______________________________
Matthew Porter, Mayor
ATTEST:
______________________________
Stephanie Storm, City Secretary
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: B
Department: WEDC (City Secretary’s Use Only)
Prepared By: Jason Greiner Account Code:
Date Prepared: November 30, 2020 Exhibits:
Subject
Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development
Corporation as of November 30, 2020.
Recommendation
Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of
November 30, 2020.
Discussion
The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on January
7, 2021.
ACCOUNT DESCRIPTION FY 2020-2021 FY 2020-2021 FY 2020-2021 FY 2020-2021
REVENUE SUMMARY
CLAIM ON CASH / Bal Sheet 1,407,509.00$ 1,560,831.49$
SALES TAX 2,968,437.00$ -$ -$ -$ -$ 2,968,437.00$ 0.00%A
ALLOCATED INTEREST EARNINGS 6,000.00$ -$ -$ 73.37$ -$ 5,926.63$ 1.22%
RENTAL INCOME 153,240.00$ 3,735.00$ -$ 10,320.00$ -$ 142,920.00$ 6.73%
GAIN/LOSS - SALE OF PROPERTY 164,500.00$ -$ -$ -$ -$ 164,500.00$ 0.00%
BANK NOTE PROCEEDS -$ -$ -$ -$ -$ -$ 0.00%
REVENUES 3,292,177.00$ 3,735.00$ -$ 10,393.37$ -$ 3,281,783.63$ 0.32%
EXPENDITURE SUMMARY
PERSONNEL 336,516.00$ 25,919.75$ -$ 42,685.04$ -$ 293,830.96$ 12.68%
OPERATING EXPENSES 56,703.00$ 7,617.16$ -$ 12,255.13$ 827.38$ 43,620.49$ 23.07%B
INCENTIVES 1,130,310.00$ 337,500.00$ -$ 337,500.00$ -$ 792,810.00$ 29.86%
SPECIAL SERVICES 88,481.00$ 3,723.39$ -$ 4,686.49$ 1,331.78$ 82,462.73$ 6.80%
ADVERTISING 114,100.00$ 3,020.00$ -$ 3,020.00$ 7,038.38$ 104,041.62$ 8.82%
COMMUNITY DEVELOPMENT 44,550.00$ 1,524.27$ -$ 1,524.27$ -$ 43,025.73$ 3.42%
TRAVEL & TRAINING 62,600.00$ 805.90$ -$ 805.90$ -$ 61,794.10$ 1.29%
DUES & SUBSCRIPTIONS 30,018.00$ 6,002.42$ -$ 11,757.55$ -$ 18,260.45$ 39.17%
AUDIT & LEGAL 33,000.00$ 3,000.00$ -$ 3,000.00$ 267.15$ 29,732.85$ 9.90%
ENGINEERING & ARCHITECTURAL 87,500.00$ -$ -$ -$ 30,504.42$ 56,995.58$ 34.86%
DEBT SERVICE 541,878.00$ 50,733.93$ -$ 101,012.77$ -$ 440,865.23$ 18.64%
LAND -$ -$ -$ -$ -$ -$ 0.00%
INFRASTRUCTURE PROJECTS 1,005,000.00$ 186,680.00$ -$ 186,680.00$ -$ 818,320.00$ 18.58%
FURNITURE & FIXTURES 2,500.00$ 797.00$ -$ 797.00$ -$ 1,703.00$ 31.88%
CONTRA CAPITAL -$ -$ -$ -$ -$ -$ 0.00%
TOTAL EXPENDITURES 3,533,156.00$ 627,323.82$ -$ 705,724.15$ 39,969.11$ 2,787,462.74$ 21.11%
REV OVER/(UNDER) EXPEN (240,979.00)$ (623,588.82)$ -$ (695,330.78)$ (39,969.11)$ 494,320.89$
A. SLSTX Rev earned in Sept, allocated in Nov, was $384,953.89, an increase of 24.85% over the same period in 2019.
Sales Tax received for all 12 months of FY due to 2 month accrual to prior FY.
B. Operating Expenses include Supplies, Maint Materials, Rental, Communication, Insurance and Utilities.
Wylie Economic Development Corporation
MONTHLY FINANCIAL REPORT
November 30, 2020
ANNUAL
BUDGET
CURRENT
MONTH
PRIOR YEAR PO
ADJUST.YTD ACTUAL YTD
ENCUMBRANCE
BUDGET
BALANCE % OF BUDGET
Wylie Economic Development Corporation
Statement of Net Position
As of November 30, 2020
Assets
Cash and cash equivalents 1,562,890.69$
Receivables 130,000.00$ Note 1
Inventories 12,027,937.50$
Prepaid Items -$
Total Assets 13,720,828.19$
Deferred Outflows of Resources
Pensions 134,955.55$
Total deferred outflows of resources 134,955.55$
Liabilities
Accounts Payable and other current liabilities 37,732.43$
Unearned Revenue 40,200.00$ Note 2
Non current liabilities:
Due within one year 374,845.78$ Note 3
Due in more than one year 5,107,130.44$
Total Liabilities 5,559,908.65$
Deferred Inflows of Resources
Pensions (1,490.41)$
Total deferred inflows of resources (1,490.41)$
Net Position
Net investment in capital assets -$
Unrestricted 8,297,365.50$
Total Net Position 8,297,365.50$
Note 1: Includes incentives in the form of forgivable loans for $70,000 (Exco)
and $60,000 (LUV-ROS)
Note 2: Exco amortization; deposits from rental property
Note 3: Liabilities due within one year includes compensated absences of $93,673
12-09-2020 03:15 PM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: NOVEMBER 30TH, 2020
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT# TITLE
________________________________________________________________________________________
ASSETS
======
1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,560,831.49
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 0.00
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
______________
14,552,576.99
______________
TOTAL ASSETS 14,552,576.99
==============
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 ( 20.93)
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 1,291.64
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
12-09-2020 03:15 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: NOVEMBER 30TH, 2020
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT# TITLE
________________________________________________________________________________________
2000-20201 AP PENDING 4,136.35
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 877,267.06
______________
EQUITY
======
3000-34110 FUND BALANCE - RESERVED 0.00
3000-34590 FUND BALANCE-UNRESERV/UNDESIG 14,370,640.71
______________
TOTAL BEGINNING EQUITY 14,370,640.71
TOTAL REVENUE 10,393.37
TOTAL EXPENSES 705,724.15
______________
REVENUE OVER/(UNDER) EXPENSES ( 695,330.78)
TOTAL EQUITY & OVER/(UNDER) 13,675,309.93
______________
TOTAL LIABILITIES, EQUITY & 0VER/(UNDER) 14,552,576.99
==============
12-09-2020 03:15 PM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: NOVEMBER 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 ( 72,945.16)
2000-20311 COMP ABSENCES PAYABLE-CURRENT 93,673.00
2000-21410 ACCRUED INTEREST PAYABLE 8,803.17
2000-28205 WEDC LOANS/CURRENT 272,369.61
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 0.00
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 640,776.23
2000-28247 JARRARD LOAN 174,168.89
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 5,481,976.22
______________
12-09-2020 03:15 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: NOVEMBER 30TH, 2020
922-GEN LONG TERM DEBT (WEDC)
ACCOUNT# TITLE
________________________________________________________________________________________
EQUITY
======
3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,293,864.74)
3000-35900 UNRESTRICTED NET POSITION ( 120,264.00)
______________
TOTAL BEGINNING EQUITY ( 5,414,128.74)
TOTAL REVENUE 0.00
TOTAL EXPENSES ( 65,617.66)
______________
REVENUE OVER/(UNDER) EXPENSES 65,617.66
TOTAL EQUITY & OVER/(UNDER) ( 5,348,511.08)
______________
TOTAL LIABILITIES, EQUITY & 0VER/(UNDER) 133,465.14
==============
MONTH FY 2017 FY 2018 FY 2019 FY 2020
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%
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$ 249,357.02$ 24,481.65$ 10.89%
NOVEMBER 267,816.13$ 273,196.62$ 308,324.41$ 384,953.89$ 76,629.48$ 24.85%
Sub-Total 2,627,376.22$ 2,562,759.35$ 2,920,137.37$ 3,283,492.09$ 363,354.72$ 12.08%
Total 2,627,376.22$ 2,562,759.35$ 2,920,137.37$ 3,283,492.09$ 363,354.72$ 12.08%
*** Sales Tax collections typically take 2 months to be reflected as Revenue. SlsTx receipts are then accrued back 2 months.
Example: November SlsTx REVENUE in FY21 is actually September SlsTx and is therefore accrued back to FY20.
DIFF
19 vs. 20
% DIFF
19 vs. 20
Wylie Economic Development Corporation
SALES TAX REPORT
November 30, 2020
BUDGETED YEAR
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
WEDC Sales Tax Analysis
2019
2020
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: C
Department: Library Account Code:
Prepared By: Ofilia Barrera Budgeted Amount:
Date Prepared: January 7, 2021 Exhibits:
Subject
Consider, and act upon, the authorization of an Interlocal Agreement between Collin County, Texas and the Rita and
Truett Smith Public Library for library services in the amount of $6,868.00 for Fiscal Year 2020-2021, and authorizing
the City Manager to execute any and all necessary documents.
Recommendation
A motion to authorize an Interlocal Agreement between Collin County, Texas and the Rita and Truett Smith Public
Library for library services in the amount of $6,868.00 for Fiscal Year 2020-2021, and authorizing the City Manager to
execute any and all necessary documents.
Discussion
Collin County allocates funds for library services to cities located within the county. For Fiscal Year 2020-2021, Collin
County will fund the Rita and Truett Smith Public Library in the amount of $6,868.00. These funds will be added to the
Library’s budget to provide additional materials and services to Wylie Citizens. Payments will be made to the City on
a quarterly basis.
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: D
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 23, 2020 Exhibits: 1
Subject
Consider, and act upon, a preliminary plat for Muddy Creek Wastewater Treatment Plant Addition, to create one lot on
50.38 acres, located at 5401 Pleasant Valley Road.
Recommendation
Motion to approve a preliminary plat for Muddy Creek Wastewater Treatment Plant Addition, to create one lot on 50.38
acres, located at 5401 Pleasant Valley Road.
Discussion
OWNER: North Texas Municipal Water District Trustee APPLICANT: Huitt-Zollars
The applicant has submitted a preliminary plat to establish Lot 1, Block 1 of Muddy Creek Wastewater Treatment Plant on
50.38 acres. The purpose of this plat is to create property lines, fire lanes, and access easements.
The property was not platted when the wastewater treatment plant was originally constructed in the late 1990s. A preliminary
and final plat are required. However, as the site is developed, the final plat is submitted concurrently and also on this agenda
for consideration, as allowed by the Subdivision Regulations.
A site plan for a one story 2,156 sq.ft. office structure addition was approved by P&Z in December 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 5-0 to recommend approval.
WYLIE DPV, L.P.
INST. NO 201300334381
O.P.R.D.C.T.
WYLIE DPV, L.P.
INST. NO 201300334379
O.P.R.D.C.T.
DALLAS COUNTY
VOL. 97014, PG. 2128
D.R.D.C.T.
PLEASANT VALLEY RD.FT GAINS SURVEY, ABSTRACT NO. 497
BENNETT J. DOEN SURVEY, ABSTRACT NO. 382
BENNETT J. DOEN SURVEY, ABSTRACT NO. 382FT GAINS SURVEY, ABSTRACT NO. 497S 45°50'31" E 1540.54'S 45°33'48" W 863.67'S 46°00'05" W 529.50'S 45°49'05" W 376.19'
1943.83'
N 44°29'09" E
N 44°10'57" W
200.00'
APPROXIMATE LOCATION
OF SURVEY LINE
WIRE FENCE
ASPHALT PAVEMENT (APPROX. 24' WIDE)ASPHALT DRIVEAND PARKING LOT100
Y
E
A
R
F
L
O
O
D
500
Y
E
A
R
F
L
O
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ZONE AE
ZONE AE
ZONE X
ZONE X
(NO RECORDING INFORMATION FOUND)
GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384
GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384
ASPHALT PAVEMENT (APPROX. 24' WIDE)
N
7
4
°
3
3
'
3
6
"
E
78
5
.
1
8
'
S
7
4
°
3
3
'
3
6
"
W
74
4
.
4
7
'
30' OUTFALL
EASEMENT
VOL. 2004086, PG. 116
D.R.D.C.T.
24' FIRE LANE & ACCESS ESMT.
(BY THIS PLAT)
(A CALLED 100-FOOT RIGHT-OF-WAY)S 45°56'51" E 1539.67' (RECORD)N 44°53'00" E 994.96' (RECORD)
S 45°25'53" W 864.26' (RECORD)S 45°55'53" W 529.88' (RECORD)
N 44°15'08" W
200.00'
(RECORD)
S 45°44'53" W 376.19' (RECORD)N 15°26'24" W 1514.55' (RECORD)NTMWD, TRUSTEE
VOL. 97136, PG. 3071
D.R.D.C.T.
LOT 1, BLOCK 1
MUDDY CREEK WASTEWATER
TREATMENT PLANT
50.38 Acres
1/2" IRF
1/2" IRF
1/2" IRF"X" CUT SET
1/2" IRF
1/2" IRF
5/8" IRS W/ YELLOW
PLASTIC CAP STAMPED
"HUITT-ZOLLARS"
"X" CUT FND
50' BUILDING LINE
(BY THIS PLAT)
25' BUILDING LINE
(BY THIS PLAT)
N: 7043876.75
E: 2567074.66
(GRID)
N: 7042803.70
E: 2568179.73
(GRID)
N: 7042119.11
E: 2567563.13
(GRID)
N: 7041831.34
E: 2567182.29
(GRID)N: 7041569.20
E: 2566912.55
(GRID)
50' BUILDING LINE
(BY THIS PLAT)
N: 7043177.19
E: 2566369.60
(GRID)
N: 7041712.61
E: 2566411.16
(GRID)
POINT OF
BEGINNING434.93'20' BUILDING LINE
(BY THIS PLAT)
25' BUILDING LINE
(BY THIS PLAT)
25' BUILDING LINE
(BY THIS PLAT)
N 45°13'29" E 993.36'N 15°24'22" W 1519.38'NORTH TEXAS MUNICIPAL
WATER DISTRICT, TRUSTEE
PO BOX 2408
WYLIE, TX 75098
OWNER:
PRELIMINARY PLAT
MUDDY CREEK WASTEWATER
TREATMENT PLANT
LOT 1, BLOCK 1
50.38 ACRES
AN ADDITION TO THE CITY OF WYLIE,
DALLAS COUNTY, TEXAS
SITUATED IN THE
GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384
DWG: I:\proj\R311609.01 - NTMWD Muddy Creek Building Improvements\05 Design\Survey\10 CADD & BIM\10.15 Mapping\Dwg\BM - Basemaps\311609Plat.dwgVICINITY MAP
NOVEMBER, 2020 SHEET 1 of 2PROJECT NUMBER: R311609.01
PRELIMINARY, THIS DOCUMENT SHALL NOT BE
RECORDED FOR ANY PURPOSE AND SHALL NOT
BE USED OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT
PREPARED BY:
Phone (214) 871-3311 Fax (214) 871-0757
Huitt-Zollars, Inc. Dallas
1717 McKinney Avenue, Suite 1400, Dallas, TX 75202
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NOTES:
1.SELLING A PORTION OF THIS ADDITION BY METES AND
BOUNDS IS A VIOLATION OF CITY ORDINANCE AND
STATE LAW AND IS SUBJECT TO FINES AND
WITHHOLDING OF UTILITIES AND BUILDING PERMITS.
2.PER THE NATIONAL FLOOD INSURANCE RATE MAP,
COMMUNITY PANEL NO. 48113C0235K, WITH AN
EFFECTIVE DATE OF JULY 7, 2014, A PORTION OF THE
PROPERTY IS SHOWN TO BE LOCATED IN ZONE "X"
(AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL
CHANCE FLOODPLAIN). A SMALL AREA LIES WITHIN
ZONE AE (1% ANNUAL CHANCE FLOODPLAIN)
3.ZONING: AG/30 WITH SUP OVERLAY
4.THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT
OF A CURRENT TITLE POLICY OR COMMITMENT.
THERE MAY BE ADDITIONAL EASEMENTS AND/OR
RIGHTS-OF-WAY THAT AFFECT THIS PROPERTY THAT
HUITT-ZOLLARS, INC. HAS NOT BEEN ADVISED OF.
SCALE: 1" = 100'
BASIS OF BEARINGS:
BEARINGS ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM,
NORTH CENTRAL ZONE (4202), NAD83.
COORDINATES SHOWN ARE TEXAS STATE
PLANE, NORTH CENTRAL ZONE (4202),
NAD83, GRID VALUES
PLEASE REFER TO BAR SCALE. DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED
Matthew T. Godlewski, RPLS No. 6817
mgodlewski@Huitt-Zollars.com
TBPELS FIRM NO. 10025600
NORTH TEXAS MUNICIPAL
WATER DISTRICT, TRUSTEE
PO BOX 2408
WYLIE, TX 75098
OWNER:DWG: I:\proj\R311609.01 - NTMWD Muddy Creek Building Improvements\05 Design\Survey\10 CADD & BIM\10.15 Mapping\Dwg\BM - Basemaps\311609Plat.dwgSHEET 2 of 2PROJECT NUMBER: R311609.01
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N VINSON" RECOMMENDED FOR APPROVAL"
CHAIRMAN, PLANNING & ZONING COMMISSION DATE
CITY OF KYLIE, TEXAS
"APPROVED FOR CONSTRUCTION"
MAYOR, CITY OF WYLIE, TEXAS DATE
"ACCEPTED"
MAYOR, CITY OF WYLIE, TEXAS DATE
THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBY
CERTIFIES THAT THE FOREGOING FINAL PLAT OF THE MUDDY CREEK WASTEWATER
TREATMENT PLANT LOT 1, BLOCK 1, SUBDIVISION OR 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 STREETS,
ALLEY, PARKS, EASEMENT, PUBLIC PLACES, AND WATER AND SEWER LINES 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., 2021.
_________________________
CITY SECRETARY
CITY OF WYLIE, TEXAS WA
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LAND DESCRIPTION
BEING A 50.38-ACRE TRACT OF LAND SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384, DALLAS COUNTY, TEXAS, AND BEING ALL OF A CALLED 50.322 ACRE TRACT OF
LAND AS DESCRIBED BY WARRANTY DEED TO NORTH TEXAS MUNICIPAL WATER DISTRICT, TRUSTEE,
RECORDED IN VOLUME 97136, PAGE 3071 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS
(D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD FOUND FOR THE MOST EASTERLY CORNER OF THE HEREIN
DESCRIBED TRACT, SAME BEING THE MOST SOUTHERLY CORNER OF A CALLED 68.080 ACRE TRACT
OF LAND DESCRIBED BY SPECIAL WARRANTY DEED TO WYLIE DPV, L.P., RECORDED IN INSTRUMENT
NO. 201300334379 OF THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS (O.P.R.D.C.T.), SAID
POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF PLEASANT VALLEY ROAD (A CALLED 100-FOOT
RIGHT-OF-WAY; NO RECORDING INFORMATION FOUND), FROM WHICH AN "X" CUT IN CONCRETE
FOUND FOR THE MOST EASTERLY CORNER OF SAID WYLIE DPV TRACT BEARS NORTH 44 DEGREES
29 MINUTES 09 SECONDS EAST, A DISTANCE OF 1943.83 FEET;
THENCE, SOUTH 45 DEGREES 33 MINUTES 48 SECONDS WEST (RECORD: SOUTH 45 DEGREES 25
MINUTES 53 SECONDS WEST), WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID PLEASANT
VALLEY ROAD, A DISTANCE OF 863.67 FEET (RECORD: 864.26 FEET) TO A 1/2 INCH IRON ROD FOUND
FOR AN ANGLE POINT;
THENCE, SOUTH 46 DEGREES 00 MINUTES 05 SECONDS
WEST (RECORD: SOUTH 45 DEGREES 55 MINUTES 53 SECONDS WEST), CONTINUING WITH SAID
NORTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 529.50 FEET (RECORD: 529.88 FEET) TO
AN “X” CUT SET FOR AN ANGLE POINT;
THENCE, SOUTH 45 DEGREES 49 MINUTES 05 SECONDS WEST (RECORD: SOUTH 45 DEGREES 44
MINUTES 53 SECONDS WEST), CONTINUING WITH SAID NORTHWESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 376.19 FEET (RECORD: 376.19 FEET) TO A 1/2 INCH IRON ROD FOUND FOR THE MOST
SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 44 DEGREES 10 MINUTES 57 SECONDS WEST (RECORD: NORTH 44 DEGREES 15
MINUTES 08 SECONDS WEST), DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY LINE, AND WITH
THE SOUTHWESTERLY LINE OF SAID NORTH TEXAS MUNICIPAL WATER DISTRICT TRACT, A DISTANCE
OF 200.00 FEET (RECORD: 200.00 FEET) TO A 5/8 INCH IRON ROD SET WITH PLASTIC CAP STAMPED
"HUITT-ZOLLARS";
THENCE, NORTH 15 DEGREES 24 MINUTES 22 SECONDS WEST (RECORD: NORTH 15 DEGREES 24
MINUTES 22 SECONDS WEST), CONTINUING WITH THE SOUTHWESTERLY LINE OF SAID NORTH TEXAS
MUNICIPAL WATER DISTRICT TRACT A DISTANCE OF 1519.38 FEET (RECORD: 1514.55 FEET) TO A 1/2
INCH IRON ROD FOUND FOR THE MOST WESTERLY CORNER OF THE HEREIN DESCRIBED TRACT, SAID
POINT BEING ON THE COMMON NORTHWESTERLY LINE OF THE HEREIN DESCRIBED TRACT AND THE
SOUTHEASTERLY LINE OF A CALLED 139.871 ACRE TRACT OF LAND DESCRIBED BY SPECIAL
WARRANTY DEED TO WYLIE DPV, L.P., RECORDED IN INSTRUMENT NO. 201300334381 (O.P.R.D.C.T.);
THENCE, NORTH 45 DEGREES 13 MINUTES 29 SECONDS EAST (RECORD: NORTH 44 DEGREES 53
MINUTES 00 SECONDS EAST), WITH SAID COMMON LINE, A DISTANCE OF 993.36 FEET (RECORD: 994.96
FEET) TO A 1/2-INCH IRON ROD FOUND FOR THE COMMON MOST NORTHERLY CORNER OF THE
HEREIN DESCRIBED TRACT AND THE MOST WESTERLY CORNER OF SAID 68.080 ACRE TRACT;
THENCE, SOUTH 45 DEGREES 50 MINUTES 31 SECONDS EAST (RECORD: SOUTH 45 DEGREES 56
MINUTES 51 SECONDS EAST), WITH THE COMMON NORTHEASTERLY LINE OF THE HEREIN DESCRIBED
TRACT AND THE SOUTHWESTERLY LINE OF SAID 68.080 ACRE TRACT, A DISTANCE OF 1540.54 FEET
(1539.67 FEET) TO THE POINT OF BEGINNING AND CONTAINING 50.38 ACRES OF LAND, MORE OR LESS.
SURVEYOR'S CERTIFICATE
I, MATTHEW T. GODLEWSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, LICENSED BY THE
STATE OF TEXAS, AFFIRM THAT THIS PLAT WAS PREPARED UNDER MY DIRECT SUPERVISION, FROM
RECORDED DOCUMENTATION, EVIDENCE COLLECTED ON THE GROUND DURING FIELD OPERATIONS
AND OTHER RELIABLE DOCUMENTATION; AND THAT THIS PLAT SUBSTANTIALLY COMPLIES WITH THE
RULES AND REGULATIONS OF THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING, THE CITY OF
DALLAS DEVELOPMENT CODE (ORDINANCE NO. 19455, AS AMENDED), AND THE TEXAS LOCAL
GOVERNMENT CODE, CHAPTER 212. I FURTHER AFFIRM THAT MONUMENTATION SHOWN HERON WAS
EITHER FOUND OR PLACED IN COMPLIANCE WITH THE CITY OF DALLAS DEVELOPMENT CODE,
SEC.51A-8.617(A)(B)(C)(D) & (E); AND THAT THE DIGITAL DRAWING FILE ACCOMPANYING THIS PLAT IS A
PRECISE REPRESENTATION OF THE SIGNED FINAL PLAT.
DATED THIS_______DAY OF _________________________,2021
__________________________________
MATTHEW T. GODLEWSKI, R.P.L.S.
TEXAS REGISTRATION NO. 6817
STATE OF TEXAS :
COUNTY OF DALLAS :
BEFORE THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR 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 PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _____DAY OF _______________, 2021.
_____________________________________________
NOTARY PUBLIC IN AND FOR STATE OF TEXAS
MY COMMISSION EXPIRES: _______________
OWNER'S CERTIFICATE
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT _______________________________, ACTING BY AND THROUGH DULY AUTHORIZED AGENTS,
___________________________ DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN
DESCRIBED PROPERTY AS MUDDY CREEK WASTEWATER TREATMENT PLANT LOT 1, BLOCK 1, AN
ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS. THE EASEMENTS SHOWN THEREON
ARE HEREBY RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE
EASEMENTS SHALL BE OPEN TO THE PUBLIC, FIRE AND POLICE UNITS, GARBAGE AND RUBBISH
COLLECTION AGENCIES, AND ALL PUBLIC AND PRIVATE UTILITIES FOR EACH PARTICULAR USE.
THE MAINTENANCE OF PAVING ON THE UTILITY AND FIRE LANE EASEMENTS IS THE
RESPONSIBILITY OF THE PROPERTY OWNER. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON,
OVER OR ACROSS THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED
FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES USING OR DESIRING TO
USE SAME. ALL, AND ANY PUBLIC UTILITY SHALL HAVE THE RIGHT TO REMOVE AND KEEP
REMOVED ALL OR PARTS OF ANY BUILDING, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS
OR GROWTHS WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION,
MAINTENANCE OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON THE EASEMENTS AND ALL PUBLIC
UTILITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM
AND UPON THE SAID EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING,
INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PARTS OF ITS
RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING THE PERMISSION
OF ANYONE. (ANY PUBLIC UTILITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO PRIVATE
PROPERTY FOR THE PURPOSE OF READING METERS AND ANY MAINTENANCE OR SERVICE
REQUIRED OR ORDINARILY PERFORMED BY THAT UTILITY.)
WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE ADDITIONAL AREA OF
WORKING SPACE FOR CONSTRUCTION AND MAINTENANCE OF THE SYSTEMS. ADDITIONAL
EASEMENT AREA IS ALSO CONVEYED FOR INSTALLATION AND MAINTENANCE OF MANHOLES,
CLEANOUTS, FIRE HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE MAIN
TO THE CURB OR PAVEMENT LINE, AND DESCRIPTION OF SUCH ADDITIONAL EASEMENTS HEREIN
GRANTED SHALL BE DETERMINED BY THEIR LOCATION AS INSTALLED.
THIS PLAT APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND
RESOLUTIONS OF THE CITY OF WYLIE, TEXAS.
WITNESS, MY HAND AT WYLIE, TEXAS, THIS THE _______ DAY OF _______________, 2021.
BY:____________________________________
_____________________________________
BY:
STATE OF TEXAS :
COUNTY OF DALLAS :
BEFORE THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR STATE OF TEXAS ON
THIS DAY PERSONALLY APPEARED, MATTHEW T. GODLEWSKI, 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 PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _____DAY OF _______________, 2021.
_____________________________________________
NOTARY PUBLIC IN AND FOR STATE OF TEXAS
MY COMMISSION EXPIRES: _______________
PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY
PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS
A FINAL SURVEY DOCUMENT
PRELIMINARY PLAT
MUDDY CREEK WASTEWATER
TREATMENT PLANT
LOT 1, BLOCK 1
50.38 ACRES
AN ADDITION TO THE CITY OF WYLIE,
DALLAS COUNTY, TEXAS
SITUATED IN THE
GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384
PRELIMINARY, THIS DOCUMENT SHALL NOT BE
RECORDED FOR ANY PURPOSE AND SHALL NOT
BE USED OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT
PREPARED BY:
Phone (214) 871-3311 Fax (214) 871-0757
Huitt-Zollars, Inc. Dallas
1717 McKinney Avenue, Suite 1400, Dallas, TX 75202
TBPELS FIRM NO. 10025600
Matthew T. Godlewski, RPLS No. 6817
mgodlewski@Huitt-Zollars.com
VICINITY MAP
NOT TO SCALE
NOVEMBER, 2020
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: E
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 23, 2020 Exhibits: 1
Subject
Consider, and act upon, a final plat for Muddy Creek Wastewater Treatment Plant Addition, to establish one lot on 50.38
acres, located at 5401 Pleasant Valley Road.
Recommendation
Motion to approve a final plat for Muddy Creek Wastewater Treatment Plant Addition, to establish one lot on 50.38 acres,
located at 5401 Pleasant Valley Road.
Discussion
OWNER: North Texas Municipal Water District Trustee APPLICANT: Huitt-Zollars
The applicant has submitted a final plat to establish Lot 1, Block 1 of Muddy Creek Wastewater Treatment Plant on 50.38
acres. The purpose of this plat is to establish property lines, fire lanes, and access easements.
The property was not platted when the wastewater treatment plant was originally constructed in the late 1990s. A preliminary
and final plat are required. However, as the site is developed, the preliminary plat is submitted concurrently and also on this
agenda for consideration, as allowed by the Subdivision Regulations.
A site plan for a one story 2,156 sq.ft. office structure addition was approved by P&Z in December 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 5-0 to recommend approval.
WYLIE DPV, L.P.
INST. NO 201300334381
O.P.R.D.C.T.
WYLIE DPV, L.P.
INST. NO 201300334379
O.P.R.D.C.T.
DALLAS COUNTY
VOL. 97014, PG. 2128
D.R.D.C.T.
PLEASANT VALLEY RD.FT GAINS SURVEY, ABSTRACT NO. 497
BENNETT J. DOEN SURVEY, ABSTRACT NO. 382
BENNETT J. DOEN SURVEY, ABSTRACT NO. 382FT GAINS SURVEY, ABSTRACT NO. 497S 45°50'31" E 1540.54'S 45°33'48" W 863.67'S 46°00'05" W 529.50'S 45°49'05" W 376.19'
1943.83'
N 44°29'09" E
N 44°10'57" W
200.00'
APPROXIMATE LOCATION
OF SURVEY LINE
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ZONE X
ZONE X
(NO RECORDING INFORMATION FOUND)
GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384
GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384
N
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E
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30' OUTFALL
EASEMENT
VOL. 2004086, PG. 116
D.R.D.C.T.
24' FIRE LANE & ACCESS ESMT.
(BY THIS PLAT)
(A CALLED 100-FOOT RIGHT-OF-WAY)S 45°56'51" E 1539.67' (RECORD)N 44°53'00" E 994.96' (RECORD)
S 45°25'53" W 864.26' (RECORD)S 45°55'53" W 529.88' (RECORD)
N 44°15'08" W
200.00'
(RECORD)
S 45°44'53" W 376.19' (RECORD)N 15°26'24" W 1514.55' (RECORD)NTMWD, TRUSTEE
VOL. 97136, PG. 3071
D.R.D.C.T.
LOT 1, BLOCK 1
MUDDY CREEK WASTEWATER
TREATMENT PLANT
50.38 Acres
1/2" IRF
1/2" IRF
1/2" IRF"X" CUT SET
1/2" IRF
1/2" IRF
5/8" IRS W/ YELLOW
PLASTIC CAP STAMPED
"HUITT-ZOLLARS"
"X" CUT FND
50' BUILDING LINE
(BY THIS PLAT)
25' BUILDING LINE
(BY THIS PLAT)
N: 7043876.75
E: 2567074.66
(GRID)
N: 7042803.70
E: 2568179.73
(GRID)
N: 7042119.11
E: 2567563.13
(GRID)
N: 7041831.34
E: 2567182.29
(GRID)N: 7041569.20
E: 2566912.55
(GRID)
50' BUILDING LINE
(BY THIS PLAT)
N: 7043177.19
E: 2566369.60
(GRID)
N: 7041712.61
E: 2566411.16
(GRID)
POINT OF
BEGINNING434.93'20' BUILDING LINE
(BY THIS PLAT)
25' BUILDING LINE
(BY THIS PLAT)
25' BUILDING LINE
(BY THIS PLAT)
N 45°13'29" E 993.36'N 15°24'22" W 1519.38'NORTH TEXAS MUNICIPAL
WATER DISTRICT, TRUSTEE
PO BOX 2408
WYLIE, TX 75098
OWNER:
FINAL PLAT
MUDDY CREEK WASTEWATER
TREATMENT PLANT
LOT 1, BLOCK 1
50.38 ACRES
AN ADDITION TO THE CITY OF WYLIE,
DALLAS COUNTY, TEXAS
SITUATED IN THE
GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384
DWG: I:\proj\R311609.01 - NTMWD Muddy Creek Building Improvements\05 Design\Survey\10 CADD & BIM\10.15 Mapping\Dwg\BM - Basemaps\311609Plat.dwgVICINITY MAP
SHEET 1 of 2PROJECT NUMBER: R311609.01
PRELIMINARY, THIS DOCUMENT SHALL NOT BE
RECORDED FOR ANY PURPOSE AND SHALL NOT
BE USED OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT
PREPARED BY:
Phone (214) 871-3311 Fax (214) 871-0757
Huitt-Zollars, Inc. Dallas
1717 McKinney Avenue, Suite 1400, Dallas, TX 75202
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NOTES:
1.SELLING A PORTION OF THIS ADDITION BY METES AND
BOUNDS IS A VIOLATION OF CITY ORDINANCE AND
STATE LAW AND IS SUBJECT TO FINES AND
WITHHOLDING OF UTILITIES AND BUILDING PERMITS.
2.PER THE NATIONAL FLOOD INSURANCE RATE MAP,
COMMUNITY PANEL NO. 48113C0235K, WITH AN
EFFECTIVE DATE OF JULY 7, 2014, A PORTION OF THE
PROPERTY IS SHOWN TO BE LOCATED IN ZONE "X"
(AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL
CHANCE FLOODPLAIN). A SMALL AREA LIES WITHIN
ZONE AE (1% ANNUAL CHANCE FLOODPLAIN)
3.ZONING: AG/30 WITH SUP OVERLAY
4.THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT
OF A CURRENT TITLE POLICY OR COMMITMENT.
THERE MAY BE ADDITIONAL EASEMENTS AND/OR
RIGHTS-OF-WAY THAT AFFECT THIS PROPERTY THAT
HUITT-ZOLLARS, INC. HAS NOT BEEN ADVISED OF.
Matthew T. Godlewski, RPLS No. 6817
mgodlewski@Huitt-Zollars.com
TBPELS FIRM NO. 10025600
SCALE: 1" = 100'
BASIS OF BEARINGS:
BEARINGS ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM,
NORTH CENTRAL ZONE (4202), NAD83.
COORDINATES SHOWN ARE TEXAS STATE
PLANE, NORTH CENTRAL ZONE (4202),
NAD83, GRID VALUES
PLEASE REFER TO BAR SCALE. DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED
NOVEMBER, 2020
NORTH TEXAS MUNICIPAL
WATER DISTRICT, TRUSTEE
PO BOX 2408
WYLIE, TX 75098
OWNER:DWG: I:\proj\R311609.01 - NTMWD Muddy Creek Building Improvements\05 Design\Survey\10 CADD & BIM\10.15 Mapping\Dwg\BM - Basemaps\311609Plat.dwgSHEET 2 of 2PROJECT NUMBER: R311609.01
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CHAIRMAN, PLANNING & ZONING COMMISSION DATE
CITY OF WYLIE, TEXAS
"APPROVED FOR CONSTRUCTION"
MAYOR, CITY OF WYLIE, TEXAS DATE
"ACCEPTED"
MAYOR, CITY OF WYLIE, TEXAS DATE
THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBY
CERTIFIES THAT THE FOREGOING FINAL PLAT OF THE MUDDY CREEK WASTEWATER
TREATMENT PLANT LOT 1, BLOCK 1, SUBDIVISION OR 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 STREETS,
ALLEY, PARKS, EASEMENT, PUBLIC PLACES, AND WATER AND SEWER LINES 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., 2021.
_________________________
CITY SECRETARY
CITY OF WYLIE, TEXAS WA
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LAND DESCRIPTION
BEING A 50.38-ACRE TRACT OF LAND SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384, DALLAS COUNTY, TEXAS, AND BEING ALL OF A CALLED 50.322 ACRE TRACT OF
LAND AS DESCRIBED BY WARRANTY DEED TO NORTH TEXAS MUNICIPAL WATER DISTRICT, TRUSTEE,
RECORDED IN VOLUME 97136, PAGE 3071 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS
(D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD FOUND FOR THE MOST EASTERLY CORNER OF THE HEREIN
DESCRIBED TRACT, SAME BEING THE MOST SOUTHERLY CORNER OF A CALLED 68.080 ACRE TRACT
OF LAND DESCRIBED BY SPECIAL WARRANTY DEED TO WYLIE DPV, L.P., RECORDED IN INSTRUMENT
NO. 201300334379 OF THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS (O.P.R.D.C.T.), SAID
POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF PLEASANT VALLEY ROAD (A CALLED 100-FOOT
RIGHT-OF-WAY; NO RECORDING INFORMATION FOUND), FROM WHICH AN "X" CUT IN CONCRETE
FOUND FOR THE MOST EASTERLY CORNER OF SAID WYLIE DPV TRACT BEARS NORTH 44 DEGREES
29 MINUTES 09 SECONDS EAST, A DISTANCE OF 1943.83 FEET;
THENCE, SOUTH 45 DEGREES 33 MINUTES 48 SECONDS WEST (RECORD: SOUTH 45 DEGREES 25
MINUTES 53 SECONDS WEST), WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID PLEASANT
VALLEY ROAD, A DISTANCE OF 863.67 FEET (RECORD: 864.26 FEET) TO A 1/2 INCH IRON ROD FOUND
FOR AN ANGLE POINT;
THENCE, SOUTH 46 DEGREES 00 MINUTES 05 SECONDS
WEST (RECORD: SOUTH 45 DEGREES 55 MINUTES 53 SECONDS WEST), CONTINUING WITH SAID
NORTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 529.50 FEET (RECORD: 529.88 FEET) TO
AN “X” CUT SET FOR AN ANGLE POINT;
THENCE, SOUTH 45 DEGREES 49 MINUTES 05 SECONDS WEST (RECORD: SOUTH 45 DEGREES 44
MINUTES 53 SECONDS WEST), CONTINUING WITH SAID NORTHWESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 376.19 FEET (RECORD: 376.19 FEET) TO A 1/2 INCH IRON ROD FOUND FOR THE MOST
SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 44 DEGREES 10 MINUTES 57 SECONDS WEST (RECORD: NORTH 44 DEGREES 15
MINUTES 08 SECONDS WEST), DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY LINE, AND WITH
THE SOUTHWESTERLY LINE OF SAID NORTH TEXAS MUNICIPAL WATER DISTRICT TRACT, A DISTANCE
OF 200.00 FEET (RECORD: 200.00 FEET) TO A 5/8 INCH IRON ROD SET WITH PLASTIC CAP STAMPED
"HUITT-ZOLLARS";
THENCE, NORTH 15 DEGREES 24 MINUTES 22 SECONDS WEST (RECORD: NORTH 15 DEGREES 24
MINUTES 22 SECONDS WEST), CONTINUING WITH THE SOUTHWESTERLY LINE OF SAID NORTH TEXAS
MUNICIPAL WATER DISTRICT TRACT A DISTANCE OF 1519.38 FEET (RECORD: 1514.55 FEET) TO A 1/2
INCH IRON ROD FOUND FOR THE MOST WESTERLY CORNER OF THE HEREIN DESCRIBED TRACT, SAID
POINT BEING ON THE COMMON NORTHWESTERLY LINE OF THE HEREIN DESCRIBED TRACT AND THE
SOUTHEASTERLY LINE OF A CALLED 139.871 ACRE TRACT OF LAND DESCRIBED BY SPECIAL
WARRANTY DEED TO WYLIE DPV, L.P., RECORDED IN INSTRUMENT NO. 201300334381 (O.P.R.D.C.T.);
THENCE, NORTH 45 DEGREES 13 MINUTES 29 SECONDS EAST (RECORD: NORTH 44 DEGREES 53
MINUTES 00 SECONDS EAST), WITH SAID COMMON LINE, A DISTANCE OF 993.36 FEET (RECORD: 994.96
FEET) TO A 1/2-INCH IRON ROD FOUND FOR THE COMMON MOST NORTHERLY CORNER OF THE
HEREIN DESCRIBED TRACT AND THE MOST WESTERLY CORNER OF SAID 68.080 ACRE TRACT;
THENCE, SOUTH 45 DEGREES 50 MINUTES 31 SECONDS EAST (RECORD: SOUTH 45 DEGREES 56
MINUTES 51 SECONDS EAST), WITH THE COMMON NORTHEASTERLY LINE OF THE HEREIN DESCRIBED
TRACT AND THE SOUTHWESTERLY LINE OF SAID 68.080 ACRE TRACT, A DISTANCE OF 1540.54 FEET
(1539.67 FEET) TO THE POINT OF BEGINNING AND CONTAINING 50.38 ACRES OF LAND, MORE OR LESS.
SURVEYOR'S CERTIFICATE
I, MATTHEW T. GODLEWSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, LICENSED BY THE
STATE OF TEXAS, AFFIRM THAT THIS PLAT WAS PREPARED UNDER MY DIRECT SUPERVISION, FROM
RECORDED DOCUMENTATION, EVIDENCE COLLECTED ON THE GROUND DURING FIELD OPERATIONS
AND OTHER RELIABLE DOCUMENTATION; AND THAT THIS PLAT SUBSTANTIALLY COMPLIES WITH THE
RULES AND REGULATIONS OF THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING, THE CITY OF
DALLAS DEVELOPMENT CODE (ORDINANCE NO. 19455, AS AMENDED), AND THE TEXAS LOCAL
GOVERNMENT CODE, CHAPTER 212. I FURTHER AFFIRM THAT MONUMENTATION SHOWN HERON WAS
EITHER FOUND OR PLACED IN COMPLIANCE WITH THE CITY OF DALLAS DEVELOPMENT CODE,
SEC.51A-8.617(A)(B)(C)(D) & (E); AND THAT THE DIGITAL DRAWING FILE ACCOMPANYING THIS PLAT IS A
PRECISE REPRESENTATION OF THE SIGNED FINAL PLAT.
DATED THIS_______DAY OF _________________________,2020
__________________________________
MATTHEW T. GODLEWSKI, R.P.L.S.
TEXAS REGISTRATION NO. 6817
STATE OF TEXAS :
COUNTY OF DALLAS :
BEFORE THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR 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 PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _____DAY OF _______________, 2020.
_____________________________________________
NOTARY PUBLIC IN AND FOR STATE OF TEXAS
MY COMMISSION EXPIRES: _______________
OWNER'S CERTIFICATE
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT _______________________________, ACTING BY AND THROUGH DULY AUTHORIZED AGENTS,
___________________________ DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN
DESCRIBED PROPERTY AS MUDDY CREEK WASTEWATER TREATMENT PLANT LOT 1, BLOCK 1, AN
ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS. THE EASEMENTS SHOWN THEREON
ARE HEREBY RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE
EASEMENTS SHALL BE OPEN TO THE PUBLIC, FIRE AND POLICE UNITS, GARBAGE AND RUBBISH
COLLECTION AGENCIES, AND ALL PUBLIC AND PRIVATE UTILITIES FOR EACH PARTICULAR USE.
THE MAINTENANCE OF PAVING ON THE UTILITY AND FIRE LANE EASEMENTS IS THE
RESPONSIBILITY OF THE PROPERTY OWNER. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON,
OVER OR ACROSS THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED
FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES USING OR DESIRING TO
USE SAME. ALL, AND ANY PUBLIC UTILITY SHALL HAVE THE RIGHT TO REMOVE AND KEEP
REMOVED ALL OR PARTS OF ANY BUILDING, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS
OR GROWTHS WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION,
MAINTENANCE OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON THE EASEMENTS AND ALL PUBLIC
UTILITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM
AND UPON THE SAID EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING,
INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PARTS OF ITS
RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING THE PERMISSION
OF ANYONE. (ANY PUBLIC UTILITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO PRIVATE
PROPERTY FOR THE PURPOSE OF READING METERS AND ANY MAINTENANCE OR SERVICE
REQUIRED OR ORDINARILY PERFORMED BY THAT UTILITY.)
WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE ADDITIONAL AREA OF
WORKING SPACE FOR CONSTRUCTION AND MAINTENANCE OF THE SYSTEMS. ADDITIONAL
EASEMENT AREA IS ALSO CONVEYED FOR INSTALLATION AND MAINTENANCE OF MANHOLES,
CLEANOUTS, FIRE HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE MAIN
TO THE CURB OR PAVEMENT LINE, AND DESCRIPTION OF SUCH ADDITIONAL EASEMENTS HEREIN
GRANTED SHALL BE DETERMINED BY THEIR LOCATION AS INSTALLED.
THIS PLAT APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND
RESOLUTIONS OF THE CITY OF WYLIE, TEXAS.
WITNESS, MY HAND AT WYLIE, TEXAS, THIS THE _______ DAY OF _______________, 2020.
BY:____________________________________
_____________________________________
BY:
STATE OF TEXAS :
COUNTY OF DALLAS :
BEFORE THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR STATE OF TEXAS ON
THIS DAY PERSONALLY APPEARED, MATTHEW T. GODLEWSKI, 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 PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _____DAY OF _______________, 2020.
_____________________________________________
NOTARY PUBLIC IN AND FOR STATE OF TEXAS
MY COMMISSION EXPIRES: _______________
FINAL PLAT
MUDDY CREEK WASTEWATER
TREATMENT PLANT
LOT 1, BLOCK 1
50.38 ACRES
AN ADDITION TO THE CITY OF WYLIE,
DALLAS COUNTY, TEXAS
SITUATED IN THE
GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384
PREPARED BY:
Phone (214) 871-3311 Fax (214) 871-0757
Huitt-Zollars, Inc. Dallas
1717 McKinney Avenue, Suite 1400, Dallas, TX 75202
TBPELS FIRM NO. 10025600
Matthew T. Godlewski, RPLS No. 6817
mgodlewski@Huitt-Zollars.com
VICINITY MAP
NOT TO SCALE
NOVEMBER, 2020
PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY
PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS
A FINAL SURVEY DOCUMENT
PRELIMINARY, THIS DOCUMENT SHALL NOT BE
RECORDED FOR ANY PURPOSE AND SHALL NOT
BE USED OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: F
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 23, 2020 Exhibits: 1
Subject
Consider, and act upon, a final plat for Liberty Private School Addition, being a replat of Lot 1, Block A, to establish two
ETJ lots, property located at 1435 East FM 544, in the City of Wylie’s Extra Territorial Jurisdiction.
Recommendation
Motion to approve, a final plat for Liberty Private School Addition, being a replat of Lot 1, Block A, to establish two ETJ
lots, property located at 1435 East FM 544, in the City of Wylie’s Extra Territorial Jurisdiction.
Discussion
OWNER: Cobb-Foster LLC APPLICANT: Texas Heritage Surveying
The applicant is proposing to subdivide one existing lot into two lots on 11.210 acres in the City of Wylie Extra Territorial
Jurisdiction (ETJ) to create Lot 1R and Lot 2, Block A of Liberty Private School Addition. The site measures 9.673 acres
as currently platted; however, in addition to splitting the property into two lots, the applicant is adding 1.537 acres of
unplatted land to the acreage of the proposed Lot 2.
Lot 1R is developed with a daycare and Lot 2 is developed with a propane business. However, as the plat is in the ETJ, the
uses and site development are outside the City’s jurisdiction.
The plat provides firelane easements for the Liberty Private School site and is providing the required R.O.W dedication
based on the Thoroughfare Design Standards.
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 5-0 to recommend approval.
:1 61 40 20 i 30 •i 91 120
SCALE•1
30' SANITARY SEWER J
VOL. 5142, PG. 3030
D.R.C.C.T.
-
00
Iz
W MW
z �W
I
W
U �
POINT OF
5.01' POINT OF
)MMENCING
I
BEGINNING
<CM>
5/8" IRF 1/2" IRS 545.56'
I L1 _ C1 L2
I M _
5' RIGHT-OF-WAY ® \C2 24' FIRELANE &
DEDICATION Q ACCESS EASEMENT
VOL. 2017, PG. 125 �.J L9 C7 C 14 1 -,C8 (BY THIS PLAT)
R.P.R.C.C.T. /
Q Co LOT 1 R, BLOCK A
TOMMY PULLIAM wro 15' WATER EASEMENT ' LIBERTY PRIVATE
AND WIFE TONI PULLMIAM O N W0 VOL, 2017, PG. 125
t" wlO - R.P.R.C.C.T. Cj9 SCHOOL ADDITION
CLERK'S NO. 00-0008111 d _ ® �a
D.R.D.C.T. d- U ,�.. i ��� C3 162,780 SQ. FT.
boo C10 C4 3.737 AC.
o� 7 00
CORB FOSTER, I L C
Co I I I I DOC NO. 201601050005484JO
CO J J R. P. R. C C T
IUD
CI 15' EAST FORK SPECIAL
I UTILITY DISTRICT EASEMENT
VOL. 2017, PG. 125
z I C 1 3 R.P.R.C.C.T.
GECKLER ADDITION
LOT 1, BLOCK A
DOCUMENT NO.
20150505010001490
R.P.R.C.C.T.
30' SANITARY ' 7�CC 12 1L 4C 11�
SEWER EASEMENT 6
VOL. 2014, PG, 396 CD I
P.R.C.C.T.
-<- C5 OPEN SPACE J /
LOT 8 BLOCK A l a I L5
0.661 AC U = YELLOW CAP '
14.48
DEDICATED TOAND � 55•01' = I 196.08' "TXHS'
MAINTAINED BY H.O.A. N N 86° 11' 17_E • S 01 ° 15'53" W
P N 89017'11" E �W N 89017'11" E 310.23'
BRADDOCK PLACE GAF 5/a"IRFwr - p- vz'IRF w/ '
PHASE III �0 YELLOW CAP Q NOq °53'49"W 3.89' YELLOW CAP
Qj "5430" U "TXHS"
VOL. 2014, PG. 396 10' UTILITY � O X CO TRACT 2
P,R.C,C.T, EASEMENMTUj COLLINS PROPANE COMPANA
5' RIGHT-OF-WAY DOC, NO, 20190422000429JI0
VOL. 2014, PG. 396 Lid DEDICATION
P.R=C.C.T. 25' BL r-- R. P. R. C. C T
(BY THIS PLAT)
50.0' 1,032 SQ. FT. 1/2" IRS
15' EAST FORK SPECIAL 0.023 ACRES
UTILITY DISTRICT �j S 89054'54" W 202.90'
VOL. 2014, PG. 396
P.R.C.C.T. d. d WILLIAM LESLIE COLLINS, J'
c� OOC. NO. 20120202000124080 p�
SUN MEADOW DRIVE � N � � R.PR.c.cT in o
(CALLED 50' RIGHT-OF-WAY) w "T r CV
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"5430" L=54.96' R=2914.79' 1/2" IRS
L=54.81' R=2909.79' -NDE
CH=N04'34'31 "W 54.96' WYLIC EAST SELF STORAGE, LLC
C. NO. 20171114001511270
CH-N04034'33"W 54 81' on,� Vv R.P.R.C.C.T.
OPEN SPACE
LOT 5 BLOCK A
0.729 AC
DEDICATED TO AND
MAINTAINED BY H.O.A.
Off'
STONE ROAD
ALFRED DR.
COLLINS BLVD,
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MARK D JOHNSON
DOCUMENT NO.
20190220000173660
R.P.R.C.C.T.
1/2" IRF W/
YELLOW CAP
"TXHS"
LIBERTY PRIVATE
SCHOOL ADDITION
now
NET=
487,288 SQ. FT.
11.187 ACRES
I�OT /, 3LOCK A
11J LIBOR TY 5RI VA TO
SCHOOL ADDITION
VOL, 2017 PS 125
80
80 _R. P R. C. C. T
N MI
® Co .
z
1/2" IRF W/ 1/2" IRF W/
YELLOW CAP YELLOW CAP
"TXHS" "TXHS"
I
LOT 2, BLOCK A
LIBERTY PRIVATE
I
SCHOOL ADDITION
1
324,508 SQ. FT.
1/2" IRF W/
7.450 AC.
YELLOW CAP
"TXHS"
/
(�
00
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/
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/
z
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"5430"
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S 86039107/1 W 218.85' S �$2 /
WILLIAM LESLIE COLLINS, JR.
DOC. NO. 20120202000124080
O.P.R.C.C.T.
CURVE TABLE
CURVE #
LENGTH
RADIUS
DELTA
CHORD
C1
3.65'
44.00'
04045'27"
N86053'57"E 3.65'
C2
68.16'
44.00'
88045'00"
S46°21'40"E 61.54'
C3
33.84'
44.00'
44°03'39"
S21°18'30"W 33.01'
C4
15.38'
20.00'
44003'08"
S21°18'46"W 15.00'
C5
68.63'
44.00'
89°22'23"
S43°58'23"W 61.88'
C6
31.20'
20.00'
89°22'23"
N43°58'23"E 28.13'
C7
33.08'
20.00'
94°45'58"
N48°05'47"W 29.44'
540.57'
TRACT 7 /
COL 11NS PROPANE COMP% C Y /
DOC NO. 20790422000429370 /
R.P. R. C C. T /
/
/
/
/
/
/
/
/
/
J��OG P
CO
S 89016'24" W 581.67'
OWNER
WILLIAM LESLIE
COLLINS, JR. 1445 FM 544
Wylie, TX 75098
CURVE TABLE (CONTINUED)
CURVE #
LENGTH
RADIUS
DELTA
CHORD
C8
30.98'
20.00'
88045'00"
S46°21'40"E 27.97'
C9
15.38'
20.00'
44003'39"
S21°18'30"W 15.00'
C10
33.83'
44.00'
44003'08"
S21°18'46"W 33.00'
C11
31.20'
20.00'
89022'23"
S43°58'23"W 28.13'
C12
24.97'
20.00'
71°31'21"
N55°34'45"W 23.38'
C13
2.99'
5.00'
34°15'29"
NO2°41'20"W 2.95'
C14
31.42'
20.00'
90°00'00"
N44°16'40"E 28.28'
5/8" IRF W/
YELLOW CAP
"5430"
U
71
VETA LOWAYNE BIGGS VAUGHN
JAMES RICHARD STILES, JR.
CALLED 37.3957 ACRES
DOCUMENT NO. 20141202001312140
R.P.R.C.C.T.
1/2" IRF W/
YELLOW CAP
"TXHS"
D.R.C.C.T.
P.R.C.C.T.
O.P.R.D.C.T.
R.P.R.C.C.T.
INST. NO.
VOL., PG.
DOC. NO.
SQ. FT.
AC.
IRS
IRF
<CM>
OWNER 10610 !Metric Drive, Suite 124, Dallas, TX 75243
COBB-FOSTER, LLC Office 214-340-9700 FaX 214-340-9710
P.O. BOX 6498
e.cOrrl
MCKINNEY, TEXAS 75071 tXerlt
Firm #10169300
972-342-2771
LINE TABLE
LINE #
LENGTH
DIRECTION
L1
93.91'
N 84031'14" E
L2
22.88'
N 89016'40" E
L3
23.01'
S 00044'12" E
L4
83.58'
S 00042'49" E
L5
85.47'
S 88039'34" W
L6
24.05'
N 04°53'49" W
L7
25.05'
N 88039'34" E
L8
145.89'
N 00042'49" W
L9
34.83'
S 84031'14" W
L10
24.00'
N 04°53'49" W
L11
18.01'
N 89°16'40" E
L12
22.48'
S 00043'20" E
L13
83.58'
S 00042'49" E
L14
1.00,
S 88039'34" W
L15
153.73'
N 00042'49" W
DEED RECORDS, COLLIN COUNTY, TEXAS
PLAT RECORDS, COLLIN COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS
INSTRUMENT NUMBER
VOLUME, PAGE
DOCUMENT NUMBER
SQUARE FEET
ACRES
1/2" IRON ROD YELLOW CAP STAMPED "TXHS" SET
1/2" IRON ROD FOUND
CONTROLLING MONUMENT
LOT 1 R AND LOT 2, BLOCK A
LIBERTY PRIVATE
SCHOOL ADDITION
BEING A REPLAT OF LOT 1, BLOCK A OF
LIBERTY PRIVATE SCHOOL ADDITION
(VOL. 2017, PG. 125 R.P.R.C.C.T.)
SITUATED IN THE J.D. SHELBY
SURVEY, ABSTRACT NO. 819,
COLLIN COUNTY, TEXAS
12MC E1110i]9K
DATE: 11/9/2020 / JOB # 1602415-7 / SCALE - 1" = 60' / JACOB
That COBB-FOSTER, LLC acting herein by and through his duly authorized agent Mike Foster,
Partner, Collins Propane Company, acting herein by and through his duly authorized agent William
Leslie Collins, Jr., and William Leslie Collins, Jr. do hereby adopt this plat designating the herein
above described property as LIBERTY PRIVATE SCHOOL ADDITION, an addition to the City of Wylie
of Texas, and do hereby dedicate to the public use forever, the streets, right-of-way shown hereon
and other public improvement shown thereon. The streets and alleys, if any are dedicated for
streets purpose. The easements and public use area, as shown, are dedicated, for the public use
forever, for the purposes indicated on he this plat. No buildings, 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, utility easements may also be used for the
mutual use accommodation of all public utilities desiring to use or using the same unless the
easement limits the use to particular utilities, said use by public utilities being subordinate to the
public's and City of Wylie use thereof.
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
endanger or interfere with the construction, maintenance or efficiency of their respective systems
in said 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 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.
WITNESS, my hand, this the day of , 2020.
BY: Cobb -Foster, LLC
Signature of Owner
Mike Foster, Partner
STATE OF TEXAS:
COUNTY OF DALLAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Mike Foster (Partner), Owner, known to me to be the person whose name is
subscribed to the foregoing instruments and acknowledged to me that he executed the same for
the purpose and consideration therein expressed.
Given under my hand and seal of office, this_day of 12020.
Notary Public in and for the State of Texas
My Commission Expires On:
WITNESS, my hand, this the day of 12020.
BY: Collins Propane Company
Signature of Owner
William Leslie Collins, Jr
STATE OF TEXAS:
COUNTY OF DALLAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared William Leslie Collins, Jr., Owner, known to me to be the person whose name
is subscribed to the foregoing instruments and acknowledged to me that he executed the same for
the purpose and consideration therein expressed.
Given under my hand and seal of office, this_day of 12020.
Notary Public in and for the State of Texas
My Commission Expires On:
WITNESS, my hand, this the day of , 2020.
BY: William Leslie Collins, Jr.
Signature of Owner
William Leslie Collins, Jr.
STATE OF TEXAS:
COUNTY OF DALLAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared William Leslie Collins, Jr., Owner, known to me to be the person whose name
is subscribed to the foregoing instruments and acknowledged to me that he executed the same for
the purpose and consideration therein expressed.
Given under my hand and seal of office, this_day of 12020.
Notary Public in and for the State of Texas
My Commission Expires On:
: 2 14 •&IOTA 12_0 110 NJ •: TITai 0J freiv.11M I
Chairman, Planning & Zoning Commission Date
City of Wylie, Texas
"APPROVED FOR CONSTRUCTION"
Mayor, City of Wylie, Texas Date
"ACCEPTED"
Mayor, City of Wylie, Texas Date
The undersign, the City Secretary of the City of Wylie, Texas, hereby
certifies that the foregoing final plat of the LIBERTY PRIVATE SCHOOL
ADDITION subdivision or 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
streets, alley, parks, easements, public places, and water and sewer lines
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, Texas
SURVEYORS CERTIFICATE
STATE OF TEXAS
COUNTY OF DALLAS
I certify that the accompanying plat correctly shows LIBERTY PRIVATE
SCHOOL ADDITION being part of the JD Shelby Survey, Abstract No. 819 in
the County of Collin, Texas.
Certify that iron stakes and/or monuments were placed under my
supervision at all lot corners and there are no encroachments across any of
the lines.
PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSES
AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. (12/1/2020)
Gary E. Johnson
Registered Professional Land Surveyor No. 5299
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned a Notary Public in and for the said County
and State, on this day personally appeared Gary E. Johnson, known to me to
be the person whose name is subscribed to the foregoing instrument, and
acknowledge to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of
2020.
Notary Public
Health Department Certification:
1 hereby certify that the on -site sewage facilities described on this plat
conform to the applicable OSSF laws of the State of Texas, that site
evaluations have been submitted representing the site conditions in the
area in which on -site sewage facilities are planned to be used.
Registered Sanitarian or Designated Representative
Collin County Development Services
GENERAL NOTES:
1. According to the F.I.R.M. NO. 48085CO535 J, The subject property lies in Zone X
and does not lie within a flood prone hazard area.
2. The purpose of this plat is to create two lots from one lot and a tract of land as a
result of the selling of part of the original Lot 1, Block A of Liberty Private School
Addition.
3. Bearings are Based on State Plane Coordinate System, Texas North Central Zone
4202, North American Datum of 1983, 2011.
4. Selling a portion of this addition by metes and bound is a violation of city ordinance
and state law, and is subject to fines and withholding of utilities and building permits.
5. All lots must utilize alternative type On -Site Sewage Facilities.
6. Must maintain state -mandated setback of all On -Site Sewage Facility components
from any/all easements and drainage areas, water distribution lines, sharp breaks
and/or creeks/rivers/ponds, etc. (Per State regulations).
7. Tree removal and/or grading for OSSF may be required on individual lots.
8. Individual site evaluations and OSSF design plans (meeting all State and County
requirements) must be submitted to and approved by Collin County for each lot prior
to construction of any OSSF system.
9. There are no water wells noted in this subdivision and no water wells are allowed
without prior approval from Collin County Development Services.
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS COBB-FOSTER, LLC and William Leslie Collins, Jr., and Collins Propane Company are the owners of a
tract of land situated in the J.D. Shelby Survey, Abstract No. 819, Collin County, Texas, being a part of that certain
called 9.689 acre tract of land described in Warranty Deed to Cobb -Foster, LLC recorded in Document Number
20160705000848430, of the Real Property Records, Collin County, Texas, being all of Lot 1, Block A of Liberty Private
School Addition, an addition to Collin County, Texas, according to the Plat thereof recorded in Volume 2017, Page 125
of the Official Public Records of Collin County, Texas, being a part of the tract of land as described in General Warranty
Deed to William Leslie Collins, Jr., recorded in Document Number 20120202000124080, Real Property Records, Collin
County, Texas, being all of Tracts 1 and 2 as described in Deed to Collins Propane Company, as recorded in Document
Number 20190422000429310, Real Property Records, Collin County, Texas, and together being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with yellow cap stamped "5430" found, being the northwest corner of a 5 foot
right-of-way dedication, as recorded in Volume 2017, Page 125, Real Property Records, Collin County, Texas and being
the southwest corner of Lot 1, Block A of Geckler Addition, an addition to Collin County, Texas, according to the plat
recorded in Document Number 20150505010001490, Real Property Records, Collin County, Texas;
THENCE North 89 degrees 16 minutes 22 seconds East, along the common line of said Lot 1, Block A of Geckler
Addition and 5 foot right-of-way dedication, a distance of 5.01 feet to a 1/2 inch iron rod with yellow cap stamped "TXHS"
set for corner, being the southwest corner of said Lot 1, Block A of Geckler Addition, the northwest corner of said Lot 1,
Block A of Liberty Private School Addition, the northeast corner of said 5 foot right-of-way dedication, and being the
POINT OF BEGINNING;
THENCE North 89 degrees 16 minutes 22 seconds East, continuing along the common line of said Lot 1, Block A of
Geckler Addition and said Lot 1, Block A of Liberty Private School Addition, passing at a distance of 545.56 feet a 1/2
inch iron rod with yellow cap stamped "TXHS" found for corner, being the northwest corner of said Tract 1 of the Collins
Propane Company deed and continuing a total distance of 1086.13 feet to a 5/8 inch iron rod with yellow cap stamped
"5430" found for corner, being the southeast corner of said Lot 1, Block A of Geckler Addition, being the northeast
corner of said Lot 1, Block A of Liberty Private School Addition and said Tract 1 of the Collins Propane Company deed,
and lying on the west line of the tract of land described in Trustee's Special Warranty Deed to Veta Lowayne Biggs
Vaughn and James Richard Stiles, Jr. as recorded in Document Number 20141202001312140, Real Property Records,
Collin County, Texas;
THENCE South 01 degrees 08 minutes 36 seconds East, along the common line of said Lot 1, Block A of Liberty Private
School Addition and said Tract 1 of the Collins Propane Company deed with the Vaughn and Stiles tract, a distance of
455.74 feet to 1/2 inch iron rod with yellow cap stamped "TXHS" found for corner, being the southeast corner of said Lot
1, Block A of Liberty Private School Addition and said Tract 1 of Collins Propane Company deed and also being the
northeast corner of the tract of land as described in General Warranty Deed to William Leslie Collins, Jr. as recorded in
Document Number 20120202000124080, Real Property Records, Collin County, Texas;
THENCE South 89 degrees 16 minutes 24 seconds West, along the common line of said Lot 1, Block A of Liberty
Private School Addition and said Tract 1 of said Collins Propane Company deed with said Collins tract, a distance of
581.67 feet to 5/8 inch iron rod with yellow cap stamped "5430" found for corner, being an inner ell corner of the tract of
land as described in General Warranty Deed to Wylie East Self Storage, LLC as recorded in Document Number
20171114001511270, Real Property Records, Collin County, Texas;
THENCE North 00 degrees 43 minutes 34 seconds West, along the common line of said Lot 1, Block A of Liberty Private
School Addition and said Tract 1 of Collins Propane Company deed with said Wylie East Self Storage tract, a distance
of 75.68 feet to a 1/2 inch iron rod with yellow cap stamped "TXHS" found for corner;
THENCE South 89 degrees 54 minutes 54 seconds West, along the common line of said Collins and Wylie East Self
Storage tracts, a distance of 202.90 feet to a 1/2 inch iron rod with yellow cap stamped "TXHS" set for corner;
THENCE South 01 degrees 52 minutes 09 seconds East, continuing along the common line of said Collins and Wylie
East Self Storage tracts, a distance of 98.15 feet to a 1/2 inch iron rod with yellow cap stamped "TXHS" set for corner;
THENCE South 58 degrees 26 minutes 05 seconds West, continuing along the common line of said Collins and Wylie
East Self Storage tracts, a distance of 64.95 feet to a 1/2 inch iron rod with yellow cap stamped "TXHS" set for corner;
THENCE South 86 degrees 39 minutes 07 seconds West, continuing along the common line of said Collins and Wylie
East Self Storage tracts, a distance of 218.85 feet to a 5/8 inch iron rod with yellow cap stamped "5430" found for corner
lying on the east right-of-way of aforementioned FM 544 and the beginning of a non -tangent curve to the left;
THENCE along FM 544 and said non -tangent curve to the left, with a central angle of 01 degrees 04 minutes 46
seconds, a radius of 2909.79 feet, a chord bearing of North 04 degrees 34 minutes 33 seconds West, and a chord
distance of 54.81 feet, an arc distance of 54.81 feet to a 1/2 inch iron rod with yellow cap stamped "TXHS" set for
corner;
THENCE North 04 degrees 52 minutes 14 seconds West, continuing along the east right-of-way line of said FM 544, a
distance of 151.74 feet to a 5/8 inch iron rod with yellow cap stamped "5430" found for corner, being the southwest
corner of aforementioned 5 foot right-of-way dedication;
THENCE North 89 degrees 17 minutes 11 seconds East, a distance of 5.01 feet to a 1/2 inch iron rod with yellow cap
stamped "TXHS" set for corner, being the southwest corner of said Lot 1, Block A of Liberty Private School Addition;
THENCE North 04 degrees 53 minutes 49 seconds West, along the east right-of-way line of said FM 544, passing at a
distance of 3.89 feet a 1/2 inch iron rod with yellow cap stamped "TXHS" found, continuing a total distance of 310.12
feet to the POINT OF BEGINNING and containing 488,320 square feet or 11.21 acres of land.
REPLAT
OWNER LOT 1 R AND LOT 2 BLOCK A
WILLIAM LESLIE
COLLINS, JR. 1445 FM 544 LIBERTY PRIVATE
Wylie, TX 75098 SCHOOL ADDITION
OWNER SURVEYOR BEING A REPLAT OF LOT 1, BLOCK A OF
COLLINS PROPANE
COMPANY**"MXASLIBERTY PRIVATE SCHOOL ADDITION
1445 FM 544 (VOL. 2017, PG. 125) SITUATED IN THE
Wylie, TX 75098 a , c J.D. SHELBY
OWNER SURVEY, ABSTRACT NO. 819,
COBB-FOSTER, LLC 1o610 Metric Drive, Suite 124, Dallas, TX 73243 COLLIN COUNTY, TEXAS
P.O. BOX 6498 Office 214-340-970o Fax 214-340-710
MCKINNEY, TEXAS 75071 txheritage.coro 4iPAGE 2 OF 2
972-342-2771 Firm #1o169300
DATE: 11/9/2020 / JOB # 1602415-7 / SCALE - 1" = 60' / JACOB
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: G
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 23, 2020 Exhibits: 2
Subject
Consider, and act upon, Ordinance No. 2021-01, amending Zoning Ordinance (2007-23) Article 2, Section 2.5.C Accessory
Structures, as it relates to the development standards of accessory structures and carports. (ZC 2020-14).
Recommendation
Motion to approve Ordinance No. 2021-01, amending Zoning Ordinance (2007-23) Article 2, Section 2.5.C Accessory
Structures, as it relates to the development standards of accessory structures and carports. (ZC 2020-14).
Discussion
On December 8, 2020 City Council held a public hearing and approved the recommended amendments to Section 2.5.C of
the Zoning Ordinance, summarized as follows:
● to reduce the standard rear and side setbacks for accessory structures from 5’ to 3’
● to increase the allowed height from 14’ to 15’ on lots under one acre and to a height of 20’ for lots over one acre in
size. Accessory structures with a height over 15’ (to a maximum of 20’) would be required to comply with the rear
and side setbacks of the primary structure.
● to reduce the rear setback for carports on residential properties with rear alley access from 20’ to 5’.
The adoption of the attached Ordinance makes the appropriate amendments; and provides a penalty clause, a repeal clause,
a savings clause, a severability clause, and an effective date.
Ordinance No. 2021-01 Amending Ordinance No. 2007-23 - Accessory Structures
ORDINANCE NO. 2021-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-23
OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS
AMENDED), ARTICLE 2, SECTION 2.5.C; MODIFYING
CERTAIN REGULATIONS RELATING TO
DEVELOPMENT STANDARDS FOR ACCESSORY
STRUCTURES IN THE CITY OF WYLIE; PROVIDING A
PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE;
AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas (“Wylie”) to amend Article 2, Section 2.5.C, of Ordinance No. 2007-23, the Zoning Ordinance,
as amended, to modify regulations relating to Development Standards of Accessory Structures in the
City of Wylie; and
WHEREAS, the City Council finds that this Ordinance contains textual amendments to the
Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to
individual property owners is not legally required; and
WHEREAS, the City Council finds that all legal notices required for amending the Zoning
Ordinance have been given in the manner and form set forth by law, public hearings have been held
on the proposed amendments and all other requirements of notice have been fulfilled; and
WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to
amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the
health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful
development of Wylie.
NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as
if fully set forth herein.
SECTION 2: Article 2, Section 2.5.C of Wylie’s Zoning Ordinance, Ordinance No. 2007-23,
are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference
for all purposes.
SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save
and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
Ordinance No. 2021-01 Amending Ordinance No. 2007-23 - Accessory Structures
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that
any and all remaining portions of this Ordinance shall remain in full force and effect. The City
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision
of Wylie’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on
conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A
violation of any provision of this Ordinance shall constitute a separate violation for each calendar
day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie
from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 6: This Ordinance shall become effective from and after its adoption and
publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
12th day of January, 2021.
________________________________
Matthew Porter, Mayor
ATTEST:
__________________________
Stephanie Storm, City Secretary
Dates of Publication: January 20, 2021 in the Wylie News
ZONING ORDINANCE
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP 14
C. Accessory Structures
1. Attached accessory buildings shall conform to the regulations applicable to the main
building to which they are attached. Attached buildings are defined as any building sharing
a common roof with the primary structure.
2. Detached accessory buildings shall be subject to all of the following regulations, in addition
to any other applicable regulations of this chapter. NOTE: Accessory buildings in AG/30
zoning districts directly associated with the support of a bona fide private agricultural use
of the property have some differentiating requirements noted separately under the various
headings below.
a. Number of Buildings:
(1) No more than two (2) accessory structures may be placed on any residential or
commercial lot.
(2) AG/30: The number of accessory structures that may be placed on an AG/30 lot
is limited by lot coverage (see 4.b.2.b).
b. Lot coverage:
(1) The combined floor area of all accessory buildings shall not exceed five (5)
percent of lot coverage or sixty (60) percent of the primary structure, whichever
is less. In no case shall the combined area of the primary structure and accessory
building(s) exceed the maximum percentage of lot coverage allowed for the
zoning district on which the structures are placed.
(2) AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot
coverage.
c. Setback Requirements:
(1) Street: Accessory buildings shall not extend beyond a platted front, side or rear
building line adjacent to a street. If no building line exists adjacent to a street on
an approved plat, the building shall not be located closer than ten (10) feet from
the property line.
(2) Easement: No accessory structure shall be located within any easement.
(3) Front: Accessory buildings shall not be located closer to the front property line
than the main building or the front yard setback requirement for that zoning
district, whichever is greater.
(4) Side: Accessory buildings shall not be located closer than three (3) feet to the side
property line when the accessory building is located behind the main building.
When the accessory building is located in the side yard, the setback for the
accessory building will be the same as the setback requirement for the main
building. When the height of the accessory structure is greater than 15 feet, the
side setbacks shall match the setbacks of the primary structure.
(5) Rear: When the accessory building is a garage or carport with rear access, the rear
setback shall be a minimum of five (5) feet from the property line. All other
accessory buildings shall not be located closer than three (3)feet to the rear
ZONING ORDINANCE
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP 15
property line. When the height of the accessory structure is greater than 15 feet,
the rear setbacks shall match the setbacks of the primary structure.
(6) Other Structures - Accessory buildings, other than carports, shall not be located
within five (5) feet of any other structure.
(7) AG/30: Barns and/or stables shall not be located within fifty (50) feet of any
property line or dwelling
d. Roof:
(1) The minimum roof slope for all accessory structures shall be 3:12, unless the
accessory structure is prefabricated, pre-finished, and covers less than two (2)
percent of the lot or is a carport.
(2) The color and materials of the roof of the accessory structures must closely
resemble the color and materials of the roof of the main structure, unless the
accessory structures is prefabricated, pre-finished, and covers less than (2)
percent of the lot or is a carport.
e. Exterior Walls:
(1) Accessory structures covering less than two (2) percent of the lot are required to
be constructed with exterior walls composed of metal with a baked-on enamel or
vinyl finish, vinyl, wood structure that is prefinished and prefabricated, composite
masonry façade, or the same masonry content required of the main structure.
(2) Accessory structures covering more than two (2) percent of the lot are required
to be constructed with exterior walls composed of composite masonry façade
material or the same masonry content required of the main structure.
(3) AG/30: Barns and stables located on property zoned Agricultural (AG/30) are
exempt from the masonry requirement for exterior walls.
(4) No pressure treated wood is permitted as exterior finish.
f. Height:
(1) Accessory structures shall be limited to a height of not more than fifteen (15) feet
on lots less than one acre and not more than twenty (20) feet on lots one acre or
greater.
(2) AG/30: Accessory structures shall be limited to a height of not more than twenty
(20) feet.
g. Notes:
AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed,
or open air shall require a Specific Use Permit as provided in Section 5.4 “Special Use
Permits” of this ordinance.
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: H
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 23, 2020 Exhibits: 2
Subject
Consider, and act upon, Ordinance No. 2021-02, amending Zoning Ordinance (2006-04) Article 5, Sections 5.1.F Land Use
Charts and 5.2.F Listed Uses, as they relate to the Automotive Repair, Minor use (ZC 2020-15).
Recommendation
Motion to approve Ordinance No. 2021-02, amending Zoning Ordinance (2006-04) Article 5, Sections 5.1.F Land Use
Charts and 5.2.F Listed Uses, as they relate to the Automotive Repair, Minor use (ZC 2020-15).
Discussion
On December 8, 2020 City Council held a public hearing and approved the recommended amendments to Section 2.5.C of
the Zoning Ordinance, summarized as follows:
● Amend the zoning ordinance use chart to require a Special Use Permit for the Automobile Repair, Minor use when
the use is within the Community Retail and Commercial Corridor Zoning Districts.
● Allow the use by right in HI Zoned Districts
● Require additional provisions in all zoning districts, not just Neighborhood Services.
● Require additional provisions when the use is within the Light Industrial or Heavy Industrial Zoning Districts by
requiring a SUP when it is within 300 feet from a residentially zoned district.
The adoption of the attached Ordinance makes the appropriate amendments; and provides a penalty clause, a repeal clause,
a savings clause, a severability clause, and an effective date.
Ordinance No. 2021-02 Amending Ordinance No. 2006-04 - Development Standards of The Automotive Repair, Minor
Use
ORDINANCE NO. 2021-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2006-04
OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS
AMENDED), ARTICLE 5, SECTIONS 5.1.F LAND USE
CHARTS AND 5.2.F LISTED USES; MODIFYING CERTAIN
REGULATIONS RELATING TO DEVELOPMENT
STANDARDS OF THE AUTOMOTIVE REPAIR, MINOR
USE IN THE CITY OF WYLIE; PROVIDING A PENALTY
CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE;
AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas (“Wylie”) to amend Article 5, Sections 5.1.F and 5.2.F, of Ordinance No. 2006-04, the Zoning
Ordinance, as amended, to modify regulations relating to Development Standards of the Automotive
Repair, Minor Use in the City of Wylie; and
WHEREAS, the City Council finds that this Ordinance contains textual amendments to the
Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to
individual property owners is not legally required; and
WHEREAS, the City Council finds that all legal notices required for amending the Zoning
Ordinance have been given in the manner and form set forth by law, public hearings have been held
on the proposed amendments and all other requirements of notice have been fulfilled; and
WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to
amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the
health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful
development of Wylie.
NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as
if fully set forth herein.
SECTION 2: Article 5, Sections 5.1.F and 5.2.F of Wylie’s Zoning Ordinance, Ordinance
No. 2006-04, are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein
by reference for all purposes.
SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save
and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict
Ordinance No. 2021-02 Amending Ordinance No. 2006-04 - Development Standards of The Automotive Repair, Minor
Use
with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that
any and all remaining portions of this Ordinance shall remain in full force and effect. The City
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision
of Wylie’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on
conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A
violation of any provision of this Ordinance shall constitute a separate violation for each calendar
day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie
from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 6: This Ordinance shall become effective from and after its adoption and
publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
12th day of January, 2021.
________________________________
Matthew Porter, Mayor
ATTEST:
__________________________
Stephanie Storm, City Secretary
Dates of Publication: January 20, 2021 in the Wylie News
ZONING ORDINANCE
Permitted Uses Residential Districts Non-Residential Districts Parking
Low
Density
High Density Commercial Industrial Mixed-Use
F. Retail,
Personal Service
& Commercial
AG/
30
SF-
ED
SF-
20/
26
SF-
10/
24
TH MF MH NS CR CC BG L I H I DTH SBO
1. Animal Clinic
or Hospital S S P P 1 per 400
sq ft (L)
2. Automobile
Rental S P* P P* P 1 per 400
sq ft (L)
3. Automobile
Repair, Major S S P 1 per 400
sq ft (L)
4. Automobile
Repair, Minor S S S P P 1 per 300
sq ft (L)
5. Body Art
Studio P* P* 1 per 150
sq ft (L)
6. Car Wash
S S S
Per
approved
SUP (L)
7. Club or Lodge
(Non-profit) P P P P P 1 per 200
sq ft (L
8. Contractor’s
Maintenance
Yard S P
1 per 500
sq ft main
structure
(L)
9. Dry Cleaning
or Laundry,
Drop-Off or Self
Service
P P P P P P*
1 per 350
sq ft
10. Cleaners
(Commercial) S P* P*
1 per
1000 sq ft
(L)
11. Equipment
Rental S S S P P 1 per 500
sq ft
P=Permitted P*=Permitted with additional requirements when located in this district.
S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required
ZONING ORDINANCE
4. Automobile Repair, Minor
a. Definition: Auto service center means a facility for the servicing or minor repair of
automobiles. This use may include the retail sales of lubricating oils, tires, or parts for
use in motor vehicles. Minor repairs include replacement of engine, transmission,
chassis and drive train parts, tune-up and adjustments of motor vehicle engines and
systems, and the replacement and repair of minor body parts such as windshields and
windows and body trim parts. This use does not include rebuilding of engines or the
restoration and painting of motor vehicles.
b. Additional Provisions:
(1) All activities and operations shall be conducted entirely within an enclosed
structure.
(2) Noise from bells or loudspeakers shall not be audible beyond the property line at
any time.
(3) Openings in service bays shall not face public rights-of-way and shall be designed
to minimize visual intrusion into adjoining properties.
LI and HI Districts:
(1) Automobile Repair, Minor shall require an SUP when located within 300 feet of
a residentially zoned district.
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: I
Department: Finance (City Secretary’s Use Only)
Prepared By: Melissa Beard Account Code:
Date Prepared: January 5, 2021 Exhibits:
Revenue and Expenditure
Monthly Report
Subject
Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2020.
Recommendation
Motion to accept, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2020.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
November 30, 2020
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67%
ACCOUNT DESCRIPTION 2020-2021 2020-2021 2020-2021 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 32,899,113 1,337,258 1,756,821 5.34%A
FRANCHISE FEES 2,840,000 0 0 0.00%B
LICENSES AND PERMITS 916,852 58,306 134,478 14.67%
INTERGOVERNMENTAL REV. 2,044,915 69,643 70,383 3.44%C
SERVICE FEES 3,872,224 368,833 389,598 10.06%D
FINES AND FORFEITURES 331,450 13,034 28,411 8.57% E
INTEREST INCOME 25,000 737 1,652 6.61%F
MISCELLANEOUS INCOME 177,500 6,337 16,846 9.49%
OTHER FINANCING SOURCES 2,416,161 0 2,416,161 100.00%G
REVENUES 45,523,215 1,854,148 4,814,350 10.58%
USE OF FUND BALANCE 0 0 0 0.00%
USE OF CARRY-FORWARD FUNDS 1,015,111 NA NA NA H
TOTAL REVENUES 46,538,326 1,854,148 4,814,350 10.34%
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 95,507 2,331 4,693 4.91%
CITY MANAGER 1,193,854 82,640 135,370 11.34%
CITY SECRETARY 420,655 40,321 78,573 18.68%I
CITY ATTORNEY 170,000 0 0 0.00%
FINANCE 1,230,039 84,553 129,857 10.56%
FACILITIES 896,184 62,842 79,804 8.90%
MUNICIPAL COURT 543,881 28,984 47,566 8.75%
HUMAN RESOURCES 714,812 42,627 70,671 9.89%
PURCHASING 203,552 15,100 24,061 11.82%
INFORMATION TECHNOLOGY 2,004,234 405,513 548,677 27.38%J
POLICE 11,203,765 810,001 1,340,407 11.96%
FIRE 9,498,390 642,625 1,072,219 11.29%
EMERGENCY COMMUNICATIONS 2,009,604 252,157 340,657 16.95%
ANIMAL CONTROL 614,738 32,668 52,234 8.50%
PLANNING 322,362 24,631 39,504 12.25%
BUILDING INSPECTION 595,423 46,618 75,261 12.64%
CODE ENFORCEMENT 255,857 18,199 29,090 11.37%
STREETS 4,466,149 126,132 223,538 5.01%
PARKS 2,580,143 197,666 278,041 10.78%
LIBRARY 2,106,912 185,087 264,818 12.57%
COMBINED SERVICES 5,412,265 318,483 573,792 10.60%
TOTAL EXPENDITURES 46,538,326 3,419,178 5,408,833 11.62%
REVENUES OVER/(UNDER) EXPENDITURES 0 -1,565,030 -594,483 -1.28%
A. Property Tax Collections for FY20-21 as of November 30, 2020 are 6.48%, in comparison to FY19-20 for the same time period of over 6.78%. Sales tax is on a 2
month lag and has not been received yet.
B. Franchise Fees: The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority.
C. Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly.
D. Service Fees: Trash fees billed in October are applicable towards FY 2019-20 revenue with the remaining fees coming from other seasonal fees.
E. Fines and Forfeitures are down 19% from November 2019 which is a continuation of the decreasing trend in fines.
F. The Interest rate has gone from .20% in July 2020 when budget was prepared to .1085% for November 2020.
G. Yearly transfer from Utility Fund.
H. Largest Carry Forward items: Energov Software $225,450, Rowlett Creek Dam Improvements $110,000. Stone Road Rehap Project $300,000
I. Expenses for November election. Percentage will level out over next few months.
J. Annual software license and maintenance agreements. Percentage will level out over next few months.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
November 30, 2020
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67%
ACCOUNT DESCRIPTION 2020-2021 2020-2021 2020-2021 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 23,921,619 2,062,809 2,111,368 8.83% K
INTEREST INCOME 18,000 560 1,184 6.58%
MISCELLANEOUS INCOME 33,000 1,615 3,355 10.17%
OTHER FINANCING SOURCES 0 0 0 0.00%
REVENUES 23,972,619 2,064,984 2,115,907 8.83%
USE OF FUND BALANCE 0 NA 0 0
USE OF CARRY-FORWARD FUNDS 1,040,244 NA NA NA L
TOTAL REVENUES 25,012,863 NA 2,115,907 8.46%
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 1,353,535 54,934 111,602 8.25%
UTILITIES - WATER 4,562,713 148,224 210,100 4.60%
UTILITIES - SEWER 1,374,903 56,608 119,297 8.68%
UTILITY BILLING 1,170,356 62,559 108,891 9.30%
COMBINED SERVICES 15,460,544 111,505 3,430,834 22.19% M
TOTAL EXPENDITURES 23,922,051 433,830 3,980,724 16.64%
REVENUES OVER/(UNDER) EXPENDITURES 1,090,812 1,631,154 -1,864,817 -8.18%
K. Most Utility Fund Revenue billed in October was applicable to FY 2019-20.
L. Largest Carry Forward items: Energov Software $150,300, Pump Station Backup Generators $601.370, WW Treatment Plant Decommissioning Design $100,000
M. Annual transfer to the General Fund of $2.4 million. Other expenses are payments to NTMWD for water minimum and sewer treatment.
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: J
Department: Finance (City Secretary’s Use Only)
Prepared By: Melissa Beard Account Code:
Date Prepared: January 5, 2021 Exhibits: Monthly Investment Report
Subject
Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2020.
Recommendation
Motion to accept, and place on file, the City of Wylie Monthly Investment Report for November 30, 2020.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Money Mar ket Accounts:
Certificates of Deposit:
Tr easury Bills:
Treasury Notes:
Government Agency Notes:
City O f Wylie
2020-2021 Inv es tment Report
November 30,2020
MMA
C C D
T-Bills
T -Notes
AN
Invest.Principal Type Of Interest Purchase Maturity
Number Amount Securitv Rate Issuer Date Date
1 $15,396,721.00 MMA 0.1231%T ex pool 12/31/2006 NA
2 $15,945,028.00 MMA 0.0944%T ex S tar 3/15/2011 NA
$31,341,749.00
Total
Weighted Average Coupon:
Weighted Average Maturity (Days):
0.1085%
1.00
Money Markets:
Certificates of Deposits:
$31,341,749.00
$0.00
$31,341,749.00
3 .0 0 %
2.00%4
1 .0 0 %
W eighted Aver age Coupon
O .O O 'AI -------------------------------------------------------Nov 2019 Dec 2019 Ja n 2020 Feb 2020 Mar ch 2020 April 2020 May 2020 Jun 2020 Jul 2020 A ug 2020 Sep 2020 O ct 2 0 2 0 N ov 2020
tad
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: K
Department: Purchasing Account Code: 611-5715-56340
Prepared By: Glenna Hayes Budgeted Amount: $215,000
Date Prepared: January 6, 2021 Exhibits:
Subject
Consider, and act upon, the award of RFP #W2021-3-A for an Electronic Bill Presentment and Payment Provider for
Utility Billing Department (EBPP); to Invoice Cloud Inc. in the estimated annual amount of $160,000.00, and authorizing
the City Manager to execute any and all necessary documents.
Recommendation
A motion to award RFP #W2021-3-A for an Electronic Bill Presentment and Payment Provider for Utility Billing
Department (EBPP); to Invoice Cloud Inc. in the estimated annual amount of $160,000.00, and authorizing the City
Manager to execute any and all necessary documents.
Discussion
With the implementation of the new water meter system, staff also received approval to implement a new electronic bill
presentment and payment portal system. Staff goals were to implement a system that will lower City expenses for credit
card processing fees while enhancing the customer experience.
The City published Request for Proposal (RFP) #W2021-3-A, and received and opened four (4) responses on November
11, 2020. Each proposal was reviewed and scored in accordance with the published evaluation criteria. Upon completion
of the evaluation, staff has determined that the solution provided by Invoice Cloud, Inc. provided the best overall value
to the City. Invoi ce Cloud will increase customer self-service and paperless adoption. It allows the customer multiple
ways to pay electronically that the city does not currently provide. The Invoice Cloud solution will integrate with the new
Watersmart Customer Portal, allowing the customer a single sign in to both the Watersmart and the payment portal
provided by Invoice Cloud Inc. The customer will be able to view their billing information and their water usage in the
single sign on. The City will be able to utilize Invoice Clouds’ paperless notifications by text and email allowing the
customer to receive increased notifications reducing late penalties and cut offs.
Staff recommends the award of RFP #W2021-3-A to Invoice Cloud Inc. in the estimated annual amount of $160,000.00
and establishing an annual contract with renewals.
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: L
Department: Purchasing Account Code: 100-5231-58510 (Fire)
Prepared By: Glenna Hayes Budgeted Amount: $80,000
Date Prepared: December 31, 2020 Exhibits:
Subject
Consider, and act upon, the approval of the purchase of Tahoe SSV vehicles and in the estimated amount of $74,092.00
through an inter-local purchasing agreement with The Sheriffs’ Association of Texas, and authorizing the City Manager
to execute any necessary documents.
Recommendation
A motion to approve of the purchase of Tahoe SSV vehicles and in the estimated amount of $74,092.00 through an inter-
local purchasing agreement with The Sheriffs’ Association of Texas, and authorizing the City Manager to execute any
necessary documents.
Discussion
Under the approved budget for Fiscal Year 2020-2021, departments have been authorized to purchase the following
vehicles from awarded vendors under the SAT Contract #21-02-1016:
• Fire Department recommends the purchase of two (2) Chevrolet Tahoe SSV units for the Fire Chief and Asst.
Fire Chief, to replace existing inventory.
Staff recommends the purchase of these vehicles through an inter-local purchasing agreement with Sheriff’s Association
of Texas as providing the best value to the City. The City is authorized to purchase from a cooperative purchasing program
with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government
Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring
local governments to seek competitive bids for items.
Sheriffs’ Association of Texas Contract #21-02-1016; Wylie Agreement #W2021-32-I
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: M
Department: Fire Department (City Secretary’s Use Only)
Prepared By: Aimee McClure Account Code:
Date Prepared: December 31, 2020 Exhibits: 1
Subject
Consider, and act upon, the approval of a Clinical Education Affiliation Agreement between City of Wylie EMS and Wylie
Independent School District, and authorizing the City Manager to execute any necessary documents.
Recommendation
Motion to approve a Clinical Education Affiliation Agreement between City of Wylie EMS and Wylie Independent School
District, and authorizing the City Manager to execute any necessary documents.
Discussion
This item is a clinical agreement between WISD and Wylie Fire Rescue that will allow high school students participating
in EMS based career development courses to participate in hands-on training at the fire station. The language in this
agreement explains the responsibilities of both parties involved and is designed to ensure that the students receive a safe
and thorough educational experience when training with Wylie Fire.
November 2019
CLINICAL EDUCATION AFFILIATION AGREEMENT
BETWEEN
Oy� ylie E S
and
WYLIE INDEPENDENT SCHOOL DISTRICT
This CLINICAL EDUCATION AFFILIATION AGREEMENT is entered into by and between WYLIE
INDEPENDENT SCHOOL DISTRICT and the Ci!y of Mlie on this 13th day of March 2022.
WHEREAS, the School is desirous of offering an emergency medical technician and patient care
technician curricula designed to help meet the local area health manpower need, and
WHEREAS, the School recognizes the need for providing the community, which it undertakes to serve,
with an adequate emergency medical services and patient care technician staff, and
WHEREAS, the contracting parties are desirous of cooperating to furnish clinical education to students
enrolled in the School's emergency medical technician and patient care technician curricula
offerings, and
WHEREAS, it is mutually agreed by the School and the Facility, that the School has established
programs for general and technical health care education students. It is further mutually
agreed that portions of the clinical training of students enrolled in these programs will be
provided by the Facility.
NOW, THEREFORE, it is mutually agreed by and between said parties as follows:
The School shall do or cause to be done the following:
1 Be responsible after consultation with the Facility to plan, coordinate and implement the
educational program for the clinical period.
2. Work cooperatively with the appropriate staff members in the selection of students' learning
experience.
1 Assure observance of the Facility's policies and procedures by students and faculty.
4. Initiate, as indicated, individual and group conferences with the staff for the purpose of discussing
student learning and performance and patient services.
5. Provide a list to the Facility of the approximate number of students that will be using the facility
and the dates involved.
6. Assure the Facility that the students are covered with liability insurance and provide certificate of
coverage,
7. Educate students to the requirements of the Texas Confidentiality Act, Chapter 773 Health &
Safety code, Sub Chapter D, Section 773.091,
& Educate students to the requirements set forth by O.S.H.A. in regards to the appropriate
precautions for blood borne pathogens and other necessary safety regulations.
9: Be responsible for the administration functions, including admission, scheduling, accounting, and
achievement records similar to those records maintained for all students of the School and to
those records required by the Facility.
10. The School and their students will abide with any and all other regulatory and accreditation
November 2019
standard guidelines applicable to the Facility,
11. Conduct criminal background check on all students.
12, Assure students do not have a criminal background. Students with a criminal conviction above a
Class C misdemeanor will be evaluated by the Facility. The Facility will decide if a student with a
criminal conviction above a Class C misdemeanor, will be allowed to perform their clinicals.
13. Conduct unnalysis drug screening on all students.
14. Assure students do not have a positive urinalysis drug screen. Students with a positive urinalysis
drug screen will not be allowed to perform their clinical at the Facility,
1. Provide full cooperation on the part of the Facility to help foster the success of the program.
Z Provide opportunity for student practice and observation in the patient areas and other areas of
the Facility under the direct supervision of Facility personnel, and under the general supervision
of the School faculty.
3. Make provision for orientation of faculty members of the School to the facilities, philosophies, and
policies of the Facility.
4. Assist in the orientation of the students to the health service Facility and clear channels of
administration for the use of equipment and records as necessary for teaching purposes.
5. Provide adequate space, equipment, and supplies for the clinical practices.
6. Assist in the evaluation of students' learning and performance in providing patient care.
8. Have no authority to dismiss faculty or students from the program. Should the Facility wish to
recommend dismissal of faculty or students such recommendations must be in writing, However,
the Facility reserves the right summarily to exclude from the Facility premises any person who is
deemed undesirable, pending joint resolution of the matter by the Facility and the School.
9Staff members shall not require a student to commit an act that this student feels unable to do.
Likewise, any staff member becoming aware of the likelihood that any student will carry out any
act that is deemed inappropriate, has the duty to make reasonable efforts to stop such student
from carrying out such act.
10Allow the use of the Facility's food service and parking facilities on the same basis as for the
Facility employees.
11. Allow the use of the Facility's library by the School faculty and students.
12. To the extent possible, provide dressing room space and lockers for the use of the School faculty
and students while the students are receiving clinical instruction at the Facility.
Section C' The School and the Facility agree to be mutually responsible for the following'
Clinical assignments for students enrolled in the health occupations curricula of the School will be
planned by the faculty of the School in cooperation with the designated staff leaders of the
November 2019
various units,
2. All arrangements for any special programs, projects, or special provisions not covered by this
agreement, will be made through the Clinical Instructor of the students and the Coordinator of
Education.
3. Faculty and students of the School will abide by the policies of the Facility while using the
facilities. However, the Facility reserves the right summarily to exclude from the Facility's
premises any person who is deemed undesirable or is deemed dangerous or disruptive to
patients or Facility employees or staff, pending joint resolution of the matter by the Facility and
the School.
4. The School Faculty, the Facility staff members, and students will work together to maintain an
environment which provides quality patient care and quality student learning.
5. The School is responsible for training students in infection control and body substance isolation
prior to entering clinical/internship rotations.
Section D: The Facility does not assume liability for an injury and/or illness in any manner and to any
extent that a student or faculty member may receive during their experience at the Facility.
Nothing in this Agreement is or shall be interpreted to require Wylie ISD to indemnify the
Facility or to constitute a waiver of that immunity. We acknowledge that liability of Wylie ISD
is narrowly defined and extremely limited by the State of Texas, However, if the student/or
faculty member is injured and/or ill, the Facility will provide access to emergency care at the
student's or the faculty's expense.
Section E:
I This agreement shall be effective upon its execution. Expiration of contract shall be ongoing until
terminated by either the Facility or the School. This agreement may be terminated by either party
by written notice of such intent submitted ninety (90) days in advance. Such termination shall not
effect students then enrolled and participating in the emergency medical services and patient
care technician program.
11111111 111111 M i 11111g!q� jg�i �ig ill
3. If any part of this agreement is determined by any legal authority with jurisdiction to be beyond
the power either of the parties hereto or invalid or illegal in any respect, this agreement shall be
modified accordingly, but if any such part is a material part of this agreement, the agreement may
be canceled by either party.
wrin"r
The parties hereto shall ensure that all services provided hereunder shall comply with all
applicable material laws, ordinances, rules and regulations, including the Health insurance
Portability and Accountability Act ("HIPAA") (in its current form, or as it may be modified from
time to time, and such modifications or changes shall automatically become applicable to this
Agreement based upon the effective date of the change) and the rules and regulations
promulgated there under. The parties hereto shall also require any agent or subcontractor to
comply with all applicable laws, ordinances, rules and regulations, including HIPAA, as set
forth above. In the event that there are modifications or changes in applicable laws,
ordinances, rules or regulations that are not, as of the date of this Agreement, either in effect or
promulgated to become effective, and if such modifications or changes cause an increase in cost or
time required to perform services under this Agreement, the price and schedule will be equitably
adjusted by mutual agreement of the parties; however, the parties shall remain responsible at all
November 2019
times for compliance with all such laws, ordinances, rubs and regulations. The School shall at its own
expense, protect, defend and hold the Facility, its officers, directors, agents and employees harmless
from and against all liability, loss penalties, or damages assessed against or incurred by either party
hereto, its officers, directors, agents and employees or any of them (including attorneys' fees and court
casts incurred by any party indemnified hereunder) as a result of the School, or its agent's or
subcontractor's material noncompliance with this provision.
"My organization will not discriminate on the basis of sex, race, color, national origin, disability, or age
in services, activities, or employment practices".
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers as of the date and year first above written,
City of Wylie EMS WYLIE INDEPENDENT SCHOOL DISTRICT
Scott Roderick
Name: Name.
Title:
Authorized Signature
Date:
Superintendent,, Finance
Authorized
• «Signature
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: N
Department: Purchasing Account Code: Various Departments
Prepared By: Glenna Hayes Budgeted Amount:
Date Prepared: January 6, 2021 Exhibits:
Subject
Consider, and act upon, the approval of the purchase of vehicle safety equipment and services in an estimated annual
amount of $100,000.00 from Pursuit Safety Inc. and Priority Public Safety; through a cooperative purchasing agreement
with the Collin County Governmental Purchasing Forum/City of Allen; and authorizing the City Manager to execute any
necessary documents.
Recommendation
A motion authorizing the approval of the purchase of vehicle safety equipment and services in an estimated annual amount
of $100,000.00 from Pursuit Safety Inc. and Priority Public Safety; through a cooperative purchasing agreement with the
Collin County Governmental Purchasing Forum/City of Allen; and authorizing the City Manager to execute any
necessary documents.
Discussion
The City of Allen received and opened bids on August 28, 2020, and three (3) bid responses were received. The City of
Allen City Council approved an award to Pursuit Safety Inc. and Priority Public Safety on December 8, 2020.
Wylie staff recommends the purchase of various vehicle safety equipment (safety lights, light bars, radios, cage bars,
push bars, etc.) and labor services from Pursuit Safety Inc. and Priority Public Safety as awarded by the City of Allen
RFP #2020-6-101, through the use of an interlocal purchasing agreement with the Collin County Governmental
Purchasing Forum. Various departments will utilize this agreement with expenditures previously approved within any
given fiscal year. This is an annual contract (12/9/2020 – 12/8/2021) with four additional one-year renewals.
The City is authorized to purchase from the City of Allen Contract list pursuant to Section 271 Subchapter D of the Local
Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items.
(Wylie Agreement #W2016-34-I).
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: O
Department: Purchasing Account Code: 461-5461-58510
Prepared By: Glenna Hayes Budgeted Amount: $1,200,000.00
Date Prepared: January 6, 2021 Exhibits:
Subject
Consider, and act upon, the approval of the purchase of a Rosenbauer Commander Fire Apparatus from Daco Fire
Equipment in the estimated amount of $1,082,137.00 through a cooperative purchasing contract with Houston Galveston
Area Council (HGAC), and authorizing the City Manager to execute any necessary documents.
Recommendation
A motion authorizing the approval of the purchase of a Rosenbauer Commander Fire Apparatus from Daco Fire
Equipment in the estimated amount of $1,082,137.00 through a cooperative purchasing contract with Houston Galveston
Area Council (HGAC), and authorizing the City Manager to execute any necessary documents.
Discussion
This purchase is for a Rosenbauer Commander Quint fire apparatus for the newly approved Wylie Fire Station No. 4,
with an estimated build time of 395 days. The initial cost of this custom truck is $1,082,137.00, leaving $117,863.00 of
budgeted funds to cover unforeseen changes during design/manufacturing. Staff has also negotiated an additional
discount of 1.37% for progress payments to be made after inspections, which would reduce the overall cost by $14,612.00.
The City is authorized to purchase from a cooperative purchasing program with another local government or a local
cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the
Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids
for items.
HGAC Buy Contract #FS12-19; Wylie #W2021-10-I
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: 1
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: January 7, 2021 Exhibits: 1
Subject
Consider, and act upon, authorizing the City Manager to sign a Development Agreement, between the City of Wylie and
Skorburg Company regarding the use of building materials for the development of a single family planned development
generally located on Woodbridge Parkway across from Raymond Cooper Junior High School.
Recommendation
Motion to approve authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Skorburg
Company regarding the use of building materials for the development of a single family planned development generally
located on Woodbridge Parkway across from Raymond Cooper Junior High School.
Discussion
The applicant has requested to enter into a development agreement with the City of Wylie regarding the use of building
materials for the development of a single family planned development generally located on Woodbridge Parkway across
from Raymond Cooper Junior High School.
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, with the exception of those noted in Exhibit B
Paragraph 1. That paragraph states the developer’s intent to use masonry materials on a minimum of 85% of the exterior of
residential homes on the property, with cementitious fiberboard on the remaining 15%. For reference, the Zoning Ordinance
requires 100% exterior masonry with a minimum of 20% of the masonry material being stone.
A separate zoning request for this proposed development, that addresses general development standards, and also includes
the 85% design standard, is on this agenda for consideration.
Approval of this authorization is not an approval of any requested zoning change.
TM=2 10=m @ L43MU
City of Wylie
Attention: City Manager
300 Country Club Road
Wylie, Texas 75098
This DEVELOPMENT AGREEMENT ('�A��') is made and entered into by and
between the CITY OF WYLIE, TEXAS, a home -rule municipality ("Wylie'), and SKORBURG
RETAIL CORPORATION, a Texas corporation Wylie and Developer are each
referred to herein as a "pgAZ' or collectively as the "parties."
WHEREAS, Developer warrant that they are the sole owner of that certain tract of land
situated in the City of Wylie, Collin County, Texas, consisting of approximately 12.849 acres on
Tract 18 of the WM. Sachse Survey, Abstract No. A0835, generally located at 932 Hooper Rd
Wylie, Texas 75098, and more particularly described in tAiblt A, attached hereto and
incorporated herein for all purposes (the "Propelly"); and
WHEREAS, Developer desires to revert the zoning designation of Manors at Woodbridge
and have asked Wylie to rezone the Property to Planned Development; 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
WHEREAS, 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, "Bu .. •
__e�xistin� d to
I _R410-imn ce and alteration of all bujldjqUs currentlDL an
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
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 the Property
as of the Effective Date (hereinafter defined) of this Agreement; and
Development Agreement — Manors at Woodbridge Building Materials Standards Page 1 of 15
2837901
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
► conditions set forth herein.
NOW, THEREFORE, in consideration •' the • and conditions contained in this
Agreement, Wylie and Developer agree as follows:
Inc rp_. 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 SAcct to Agreement. The land that is subject to this Agreement is the PropertIj
Developer represents and warrant that Developer is the sole owner of the Property as
the Effective Date • this Agreement. I
(a) In the construction, • maintenance and alteration of any existing • future
building on the Property, Developer shall not use or install, or permit the use or
• • any building product • material • aesthetic method that i•` 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 • Materials Standards in the construction, renovation,
maintenance and • • any existing • future building • the Property.
(b) Before commencement • construction, renovation, maintenance • alteration •i
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 ► • this Agreement. • a condition • Wylie's issuance • 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 •. • • the approved deed • and Wylie shall have the right
• not the obligation to • this Agreement and the approved deed •
as they exist • 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.
Developer voluntarily consents and agrees to such designation. Developer
Development Agreement — Manors at Woodbridge Building Materials Standards Page 2 of 15
2837901
0,10-M-0 W-kawlw
exis Ting oFlUtUre DUHUIng on LnC rroPURY, UHU IATM-lrr
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.
(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;
to refuse to accept any portion of any public improvements on the Property
or associated with the development of the Property;
0 8 . . . "MMO.P•r.
(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
(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. Limi gjqa_qr�, Notwithstanding anything to the contrary herein, the parties agr-"-
and acknowledge that Wylie shall not, under any circumstance, be required to tender, or
liable to Developer for, any credit or reimbursement of, or payment of any monies, wi
regard to the matters set forth herein. Ll
Frevelopment Agreement — Manors at Woodbridge Building Materials Standards Page 3 of 14
C837901
6. Covenant Running withAhe Land. This Agreement shall be a covenant running with thM
land and Property, and shall be binding on the Developer and their respective successo
and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records
Collin County, Texas. Developer represents and warrants that the filing of this Agreeme
as provided herein shall provide Wylie with a superior and priority encumbrance, lien
interest in, on and to the Property as to any and all other persons or entities. Develop
represents and warrants that there are no liens, attachments or other encumbrances th
prohibit or affect the right of Developer to grant such superior and priority encumbranc
lien or interest as described herein. If such a condition does exist, however, Develop,
shall obtain a signature with acknowledgment from the holder of such lien, attachment
encumbrance, subordinating any such lien, attachment or encumbrance to Developer
rights granted herein. I
7. Umitations ofAgivement. Wylie ordinances covering property taxes, utility rates, pe
fees, inspection fees, tree mitigation fees, impact fees, development fees, tap fees, pro-ral
fees and the like are not affected by this Agreement. Further, this Agreement does n
waive or limit any of the obligations of Developer to Wylie under any ordinance, wheth
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 b*
effective upon receipt at the address of the addressee. For purposes of notification, ths
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:
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
Facsimile: (214) 544-4044
Email: rpittmajaabernathy4gAxom
Development Agreement — Manors at Woodbridge Building Materials Standards Page 4 of 15
2837901
If to Developer, addressed to Developer at:
SKORBURG RETAIL r r r
8214 Westchester f' •r
r •ne: . . •.
.4
abuczek@skorburgcompany.com
UNMEMSIM
DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD "
FROM 1 AGAINST ALL DAMAGES,(INCLUDINGDEATH), CLAIMS,
PROPERTYp.(INCLUDINGf 1LOSSES,DEMANDS,
JUDGMENTSr COSTS,r REASONABLE •' 1
(INCLUDINGEXPENSES ATTORNEY'S FEES 1 EXPENSES INCURRED IN
ENFORCING1CAUSED, IN WHOLEOR IN PART, BY
GROSSLY OR INTENTIONALLY WRONGFULOR
OMISSION OF DEVELOPER OR ANY OF 1 i OFFICERS,
DIRECTORS, PARTNERS • .,CTORS, SUBCONTRACTORS,EMPLOYEES,
REPRESENTATIVES,SUCCESSORS, • .
TRUSTEES, LICENSEES, INVITEES OR OTHER THIRD PARTY FOR•
DEVELOPER IS LEGALLY RESPONSIBLE,i OF
AGREEMENT,1 OF 1 • ' CONCURRENTNEGLIGENCE OF
WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER • 1` •
DEFEND WYLIE AGAINST ALL SUCH CLAIMS.
•1 IN ITS SOLE DISCRETION, RIGHT TO APPROVE OR SELECT
DEFENSE COUNSELTO BE RETAINED By DEVELOPER
DEVELOPER'SOBLIGATION r TO DEFEND AND INDEMNIFY
WAIVEDUNLESS SUCH RIGHT IS EXPRESSLY BY WYLIE IN WRITING. WYLIE
RESERVES THE RIGHT TO PROVIDE PORTION i., ALL OF , OWN DEFENSE;
HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO so. ANY SUCH ACTION BY
WYLIE IS NOT f BE CONSTRUED AS A WAIVER OF r •`
OBLIGATION i DEFEND WYLIE OR OF 1 •
OBLIGATION • INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH
1, •PER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL
(7) BUSINESS DAYS 1F WYLIE's WRITTEN NOTICE THAT WYLIE IS INVOKING
RIGHT TO INDEMNIFICATION UNDERDEVELOPER
FAILS TO RETAIN COUNSELPERIOD,
RIGHT TO RETAIN DEFENSE COUNSELON OWN BEHALF, AND EACH
DEVELOPER SHALL BE LIABLE FOR ALL COSTSINCURRED BY WYLIE.
(c) THE RIGHTS 1 OBLIGATIONS • BY THIS SECTION
TERMINATIONOF
Development Agreement — Manors at Woodbridge Building Materials Standards Page 5 of 15
2837901
I In
m
MIMMEMSEWN• • ,
OBLIGATIONS i 1 BY THIS AGREEMENT TO BE PERFORMED :,
DEVELOPER, i OR IN PART, 1i NOT CONSTITUTE
') TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION;
i VIOLATION OF i1 OR MAY B
AMENDED;
VIOLATION OF iCODE,C
CHAPTER 3000, AS IT EXISTS OR MAY BE 1 1
(D) NUISANCE; 1
(E) CLAIM FOR DAMAGES ORREIMBURSEMENT AGAINST WYLIE FO'
VIOLATION OF ANY FEDERALOR STATE CONSTITUTION,
OR CASE LAW OR 1 1`' LOCAL ORDINANC
RULE OR i
(ii) EACH DEVELOPER 1 1 HOLD HARMLESS WYLIE FROM
1 AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDINGBUT
LIMITEDNOT TO, ANY OF DEVELOPER'S
DIRECTORS, IREPRESENTATIVES,
VENDORS,OR TRUSTEES, BROUGHT` t'
iR1 r
• DEVELOPER 'r 1 ALL CLAIMS 1' CAUSES OF
ACTION1 ON EXCESSIVE OR i
EACH DEVELOPER t. DAMAGES OR REIMBURSEMENT
VIOLATIONAGAINST WYLIE FOR A OF 1 OR 1 i
STATUTE OR CASE LAW ORANY FEDERAL,OR LOCAL ORDINANCE,OR
REGULATION.
•) THIS SECTION SHALL SURVIVE THE TERMINATIONOF THIS AGREEMENT.
STATUTORY11. VizsWdKigbtsLCbgpLer245Wqiv0. The parties shall be subject to all ordinances of Wyli
whether now existing or in the future arising. This Agreement shall confer no vested rig
on the Property, or any portion thereof, unless specifically enumerated herein. In additio
hi
nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 2
of the Texas Local Government Code, as amended, and nothing in this Agreement provid
Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES AN
1 OF fCAL GOVERNMENT CODE,
AMENDED, UNDER THIS AGREEMENT. THIS SECTION
OF THIS AGREEMENT.
Development Agreement — Manors at Woodbridge Building Materials Standards Page 6 of 15
2837901
party files any actionor brings any proceeding against the other
arising from • - between Developer ani Wylie, the prevailing party
shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable
. • necessary attorneys'and litigation expensesboth .; trial and on rr`.l, subject to
the limitations set forth in TEX. Loc. Gov'T CODE § 271.153, as it exists or may be
amended, if applicable.
!3. Warranties/Rtmesentations. All warranties, representations and covenants made by one
party to the• Agreement or certificate or • _ 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. Eritim Amg��. 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 C• • and the exclusivevenue • •,, arising out of Agreement shall be • of •• ir' s
jurisdiction in Collin County,Texas.
executed16. Qq��. This Agreement is executed by the parties without coercion or duress and
for substantial consideration, the sufficiency of which is forever confessed.
17. 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
. • delivered to the other party.
18. Authority to Execute. - individuals executing - on behalf of _ •_ _
partiesbelow representto each other and to others that all appropriateand 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).
9Savhjgs; S0vgKqh&y. In the event that a term, condition• r • • • ' • -
determined • be invalid, illegal,• • unenforceable or by • • compete
jurisdiction, then that term, condition or provision shall be deleted and the remainder of t
Agreement shall remain in full force and effect as if such invalid, illegal, voi
unenforceable or provision h.• never been • -• in this Agreement.
De1 1 Crs at Woodbridge Building Materials Stanr. [ 9
20. RepMsentations. Each party represents that it has carefully read this Agreement, kno
the contents hereof, has consulted with an attorney of its choice regarding the meaning
effect hereof and is signing the same solely of its own judgment. I
21, No Third Party Bkq6qia!jvs. Nothing in this Agreement shall be construed to create arl
right in any third party not a signatory to this Agreement, and the parties do not intend
create any third party beneficiaries by entering into this Agreement. i
(a) This Agreement is assignable, in whole or in part, upon the following conditions,
all of which must be satisfied before any such assigm-nent shall be valid and
enforceable:
(i) the assignment of the Agreement must be evidenced by a recordable
document ("Assigp 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
&�� herein are conspicuous, and the parties have read and understood the same.
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
Development Agreement — Manors at Woodbridge Building Materials Standards Page 8 of 15
2837901
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, • than those set forth herein.
26. Refb-ren,ce 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.
27. Reference to W ylie. 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 Draffing Provisions. This Agreement shall be deemed drafted equally K%
all parties hereto. The language of all parts of this Agreement shall be construed as a who
according to its fair meaning, and any presumption or principle that the language herein
to be construed against any party shall not apply. Headings in this Agreement are for t
convenience of the parties and are not intended to be used in construing this document. I
Development Agreement — Manors at Woodbridge Building Materials Standards Page 9 of 15
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 signei
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 (" � I iye DaW').
Lo
ETIM—Mirme M6
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Chris Holsted,
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
,2021.
Notary Public, State of Texas
My Commission Expires:
Development Agreement — Manors at Woodbridge Building Materials Standards Page 10 of 15
2837901
• r r RETAIL ••,r•r •\
7 Texas Corporation
y:
Adama zek
Director
Date 1
•'I' • ' • •, o - • - • • • • •, • i r,
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 • and seal of office this day
of 1
Lo
HUMBERTO JOHNSON Not o, "State of TeXaS
Notary ID #132479174My Commission Expires y o ission Expires:
May 15, 2024
Development Agreement —Manors at Woodbridge Building Materials Standards Page 11 of 15
2837901
Exhibit A
Legal Description of the Propert-S9
A tract of land situated in the William Sachse Headright Survey Abstract No. 835, Collin
County, Texas, and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and
Maria T. Whitcraft as recorded in File No. 93-0088428, Deed Records, Collin County, Texas,
and more particularly described as follows:
BEGINNING at a point in the centerline of a Hooper Road (50 foot right-of-way), said point
being the northeast comer of a 100 acre tract of land conveyed to the North Texas Municipal
Water District as recorded in Volume 1300, Page 809, said Deed Records, and being 1648.55
feet from the southeast comer of the William Sachse Survey line, Abstract No. 835;
THENCE North 89 degrees 44 minutes 00 seconds West, 2069.32 feet along the north line of
said North Texas Municipal Water District tract to a 1/2 inch iron rod set for comer, from which
a 1/2 inch iron rod bears North 89 degrees 44 minutes 05 seconds West, 4.47 feet, said iron rod
set being in the southerly line of a tract of land conveyed to B. C. Wood as recorded in Volume
3282, Page 804, said Deed Records;
THENCE North 00 degrees 35 minutes 00 seconds West, 274.36 feet along the common line of
said B.C. Wood tract to a 1/2 inch iron rod set;
THENCE South 89 degrees 44 minutes 00 seconds East, 2072.11 feet along the common line of
said B. C. Wood tract to a 1/2 inch iron rod set for corner, from which a 1/2 inch iron rod bears
South 19 degrees 38 minutes 47 seconds East, 9.74 feet, said iron rod set being in the centerline
of said Hooper Road;
THENCE South 00 degrees 01 minute 00 seconds West, 274.36 feet along the centerline of said
Hooper Road to the point of beginning, and containing 13.041 acres of land, more or less;
All that certain lot, tract or parcel of land conveyed to Collin County by deed dated April 30,
1981, recorded in Volume 1577, Page 398, and being more fully described as follows:
BEING a parcel of land in the William Sachse Survey, Abstract No. 835, Collin County, Tex
and being part of a tract of land conveyed to Jeffrey L. Whitcraft and Maria T. Whitcraft as
recorded in File No. 93-0088428, Deed Records, Collin County, Texas, and being more
particularly described as follows: I
BEGINNING at a point in the northeast comer of the Jeffrey L. Whitcraft tract, said point bein
in the common line between the L. K. Pegues Survey, Abstract No. 703, and the William Sach
Survey, Abstract No. 835, said line being also the centerline of existing Hooper Road;
THENCE South 00 degrees 01 minute 00 seconds West, a distance of 274.36 feet along the
centerline of existing Hooper Road to a point of intersection with the south property line of the
Whitcraft tract; I
Development Agreement — Manors at Woodbridge Building Materials Standards Page 12 of 15
2837901
THENCE North 89 degrees 44 minutes 00 seconds West, a distance of 30.00 feet to a point for
comer;
THENCE North 00 degrees 01 minute 00 seconds East, a distance of 274.36 feet parallel with
and 30 feet west of the centerline of existing Hooper Road, to a point of intersection with the
north property line of said Whitcraft tract;
THENCE South 89 degrees 44 minutes 00 seconds East, a distance of 30.00 feet to the point of
beginning, and containing 0.189 acre of land, more or less;
And further SAVE AND EXCEPT therefrom the following:
A tract of land situated in the W. Sachse Survey, Abstract No. 835, City of Wylie, Collin
County, Texas and being part of a tract of land described in General Warranty Deed to Timothy
R. Johnson and Carol C. Johnson recorded in Clerk's File No. 97-0066824 of the Land Records
of Collin County, Texas, said tract conveyed to the City of Wylie by deed recorded under Clerk's
File No. 20130805001096800, Official Public Records, Collin County, Texas, and more
particularly described as follows:
BEGINNING at a 5/8" iron rod with "KHA" cap set for comer in the existing west right-of-way
line of Hooper Road (a variable width right-of-way) at the northeast comer of said Johnson tract;
THENCE with said existing west right-of-way line, South 0® 09'47" West, a distance of 91.65
feet to a 5/8" iron rod with "KEA" cap set in the proposed west right-of-way line of Hooper
Road at the beginning of a non -tangent curve to the right having a central angle of 5' 3 9' 11 ", a
radius of 934.50 feet, a chord bearing and distance of North 5' 59' 14" East, 92.16 feet;
THENCE in a northeasterly direction, departing the said existing west right-of-way line, with
said proposed west right-of-way line and with said curve to the right, an arc distance of 92.20
feet to a 5/8" iron rod with "KHA" cap set for comer in the north line of said Johnson tract at the
end of said curve;
THENCE with the said north line of the Johnson tract, South 89' 5600" East, a distance of 9.87
feet to the point of beginning, and containing 1,706 square feet or 0.039 acre of land.
Development Agreement — Manors at Woodbridge Building Materials Standards Page 13 of 15
2837901
Exhibit B
As used in this Agreement, the term "Building Materials Standards" shall include all standards fl
building products and materials and aesthetic methods in the construction, renovatio
I aintenance and alteration of buildings set forth or referenced in the following:
1 . Ordinance No. 2019-23, Zoning Ordinance, including but not limited to Section 3.4 F3a
(Architectural Standards — New Residential Requirements), with the exception of, "the
minimum masonry percentage shall be 85% and the remaining 15% shall be cementitious
fiberboard, and 2 "d story front elevation set back over brick shall be allowed with
cementitious fiberboard" as stated in the Planned Development zoning ordinance
applicable to the Property.
2. The Planned Development zoning ordinance applicable to the Property, as it exists or m
be amended by Wylie in its sole discretion (and any successor ordinance thereto). In t
event that a provision of Ordinance No. 2019-23, Zoning Ordinance, conflicts with]
provision of the Planned Development zoning ordinance applicable to the Property, t
provision of the Planned Development zoning ordinance applicable to the Property shil
ME=
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.
it exists or may be amended by Wylie in its sole discretion.
Ordinance No. 2017-34, International Energy Conservation Code and all local amendmenj
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 loc.111
amendments thereto, as it exists or may be amended by Wylie in its sole discretion. I
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
Development Agreement — Manors at Woodbridge Building Materials Standards Page 14 of 15
2837901
more stringent than a standard •: the product, material, -• aesthetic method under a
• model code published within the last three code cycles that applies to the
construction, renovation, maintenance, • • alteration • the building.
Development Agreement — Manors at Woodbridge Building Materials Standards Page 15 of 15
2837901
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: 2
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: January 12, 2021 Exhibits: 8
Subject
Hold a Public Hearing to consider, and act upon, a recommendation to City Council regarding a change of zoning from
Agricultural (AG) to Planned Development - Single Family (PD-SF), to allow for single family development on 13 acres
located on Woodbridge Parkway across from Raymond Cooper Junior High School. (ZC 2020-13)
Recommendation
Motion to approve a change of zoning from Agricultural (AG) to Planned Development - Single Family (PD-SF), to allow
for single family development on 13 acres located on Woodbridge Parkway across from Raymond Cooper Junior High
School. (ZC 2020-13)
Discussion
OWNER: Timothy R. Johnson APPLICANT: Skorburg Company
The applicant is requesting to rezone 13 acres located on Woodbridge Parkway across from Raymond Cooper Junior High
School. The property is currently zoned Agricultural and contains a single-family residence. The proposal is for a planned
development for single family detached use.
The applicant has provided a statement of intent and purpose for the planned development (Exhibit A). The document states
that the intent of the planned development is to “1.) establish the highest and best use of this infill location; 2.) provide a
long-lasting, high-quality community that blends with the surrounding environment; and, 3.) promote a very desirable
housing option and diversity of housing product for the area.”
The property is bordered by Woodbridge Villas townhomes to the north and west, city limits to the south, and Cooper/Draper
schools to the east. The proposal is generally in line with the Comprehensive Plan which calls for commercial and/or high
density residential.
The 90 lots on ~13 acres represent an overall density of ~6.9 lots per acre compared to ~3.2 lots per acre under the zoning
ordinance for single family homes and ~4.1 lots per acre on the nearby single family planned development to the northwest.
The proposed development standards would allow for the single-family development of 90 lots with a minimum lot square
footage of 4,400 sq. ft, and minimum dwelling square footage of 1,800 sq. ft. These PD standards represent lot sizes ~55%
smaller and home sizes ~35% smaller than required by the zoning ordinance for single family homes.
Page 2 of 2
Other requested standards include; front, side, and rear setbacks, in addition to overall lot coverage, front facade offsets,
and garage size ranges being less than typical requirements of the zoning ordinance.
The PD standards lower the maximum home height from 40’ to 36’, increase porch square footage from 140 to 150, and
add a requirement for fencing to be board-on-board, exceeding base ordinance standards.
Building materials standards are included in the PD but are unenforceable due to State law.
Proposed access to this development is provided from Woodbridge Parkway to the east and an extension of Casey Court to
the north. An additional fire and safety vehicle access point is provided from an alleyway connecting to the northern
Woodbridge townhome development.
The development will provide two open space lots at the main entrance of the site and a neighborhood pocket park, all to
be owned and maintained by the homeowner’s association.
Notifications/Responses: Three notifications were mailed; with no response received in favor or opposition of the request.
P&Z Commission Discussion
The Commission asked the applicant for a full second entrance to the site instead of just an emergency entrance. The
applicant responded by offering an extension of Casey Court. The applicant also provided an HOA owned pocket park at
the Commission's request. After the item was tabled at the December 1, 2020 meeting, after which time the applicant made
the above changes, the Commission voted 5-0 to recommend approval on December 15, 2020.
M axwell Creek
H EN S L E Y L N
C A P I TA L S T
C O N C O R D D R
A P P L E W O O D WAY
GARDEN GATE L NREGENCY DRCASEY CTSPRINGWELL PKWYG R A N D V I E W D R
D ri v e w a y
NOLAN LNHOOPER RDLAUREL LNHENSLEY LN
E X C H A N G E S T
Al l e y
WOODBRIDGEPKWYEMILY LNTOWERRDDrive way
D
ri
vewayCOOPER JRHIGH SCHOOL
DRAPERINTERMEDIATESCHOOL
SACHSE
COLLIN COUNTY
DALLAS COUNTY
Sub ject Property
Locator Map
0 470 940 1,41 0 1,880235 Feet ¯
ZC 2020-13 - Manors at Woodbridge
¯
Legal Description
EXHIBIT “A”
MANORS AT WOODBRIDGE
A tract of land situated in the William Sachse Headright Survey Abstract No. 835, Collin County, Texas,
and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and Maria T. Whitcraft as
recorded in File No. 93-0088428, Deed Records, Collin County, Texas, and more particularly described
as follows:
BEGINNING at a point in the centerline of a Hooper Road (50 foot right-of-way), said point being the
northeast corner of a 100 acre tract of land conveyed to the North Texas Municipal Water District as
recorded in Volume 1300, Page 809, said Deed Records, and being 1648.55 feet from the southeast corner
of the William Sachse Survey line, Abstract No. 835;
THENCE North 89 degrees 44 minutes 00 seconds West, 2069.32 feet along the north line of said North
Texas Municipal Water District tract to a 1/2 inch iron rod set for corner, from which a 1/2 inch iron rod
bears North 89 degrees 44 minutes 05 seconds West, 4.47 feet, said iron rod set being in the southerly line
of a tract of land conveyed to B. C. Wood as recorded in Volume 3282, Page 804, said Deed Records;
THENCE North 00 degrees 35 minutes 00 seconds West, 274.36 feet along the common line of said B.C.
Wood tract to a 1/2 inch iron rod set;
THENCE South 89 degrees 44 minutes 00 seconds East, 2072.11 feet along the common line of said B.
C. Wood tract to a 1/2 inch iron rod set for corner, from which a 1/2 inch iron rod bears South 19 degrees
38 minutes 47 seconds East, 9.74 feet, said iron rod set being in the centerline of said Hooper Road;
THENCE South 00 degrees 01 minute 00 seconds West, 274.36 feet along the centerline of said Hooper
Road to the point of beginning, and containing 13.041 acres of land, more or less;
SAVE AND EXCEPT therefrom the following:
All that certain lot, tract or parcel of land conveyed to Collin County by deed dated April 30, 1981,
recorded in Volume 1577, Page 398, and being more fully described as follows:
BEING a parcel of land in the William Sachse Survey, Abstract No. 835, Collin County, Texas, and being
part of a tract of land conveyed to Jeffrey L. Whitcraft and Maria T. Whitcraft as recorded in File No. 93-
0088428, Deed Records, Collin County, Texas, and being more particularly described as follows:
BEGINNING at a point in the northeast corner of the Jeffrey L. Whitcraft tract, said point being in the
common line between the L. K. Pegues Survey, Abstract No. 703, and the William Sachse Survey,
Abstract No. 835, said line being also the centerline of existing Hooper Road;
THENCE South 00 degrees 01 minute 00 seconds West, a distance of 274.36 feet along the centerline of
existing Hooper Road to a point of intersection with the south property line of the Whitcraft tract;
THENCE North 89 degrees 44 minutes 00 seconds West, a distance of 30.00 feet to a point for corner;
THENCE North 00 degrees 01 minute 00 seconds East, a distance of 274.36 feet parallel with and 30 feet
west of the centerline of existing Hooper Road, to a point of intersection with the north property line of
said Whitcraft tract;
THENCE South 89 degrees 44 minutes 00 seconds East, a distance of 30.00 feet to the point of
beginning, and containing 0.189 acre of land, more or less;
And further SAVE AND EXCEPT therefrom the following:
A tract of land situated in the W. Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas
and being part of a tract of land described in General Warranty Deed to Timothy R. Johnson and Carol C.
Johnson recorded in Clerk's File No. 97-0066824 of the Land Records of Collin County, Texas, said tract
conveyed to the City of Wylie by deed recorded under Clerk’s File No. 20130805001096800, Official
Public Records, Collin County, Texas, and more particularly described as follows:
BEGINNING at a 5/8" iron rod with "KHA" cap set for comer in the existing west right-of-way line of
Hooper Road (a variable width right-of-way) at the northeast comer of said Johnson tract;
THENCE with said existing west right-of-way line, South 0º 09' 47" West, a distance of 91.65 feet to a
5/8" iron rod with "KHA" cap set in the proposed west right-of-way line of Hooper Road at the beginning
of a non-tangent curve to the right having a central angle of 5º 39' 11", a radius of 934.50 feet, a chord
bearing and distance of North 5º 59' 14" East, 92.16 feet;
THENCE in a northeasterly direction, departing the said existing west right-of-way line, with said
proposed west right-of-way line and with said curve to the right, an arc distance of 92.20 feet to a 5/8"
iron rod with "KHA" cap set for comer in the north line of said Johnson tract at the end of said curve;
THENCE with the said north line of the Johnson tract, South 89º 56' 00" East, a distance of 9.87 feet to
the point of beginning, and containing 1,706 square feet or 0.039 acre of land.
STATEMENT OF INTENT AND PURPOSE
MANORS AT WOODBRIDGE
The proposed Manors at Woodbridge is located on the west side of Woodbridge Parkway and directly
across the street and within walking distance to Raymond Cooper Junior High School and Dr. Al Draper
Intermediate School. The property encompasses approximately 13.041 acres in a long narrow rectangular
shape running east and west.
Manors at Woodbridge will be a sustainable neighborhood with the intent to 1.) establish the highest and
best use of this infill location; 2.) provide a long-lasting, high-quality community that blends with the
surrounding environment; and, 3.) promote a very desirable housing option and diversity of housing product
for the area.
As shown below, the property is currently used as a single residential home and is zoned AG/30. To the
north and west is Woodbridge Villas, a high density attached townhome community with a typical lot size
of approximately 27’ x 100’. To the south is a decommissioned and capped land fill and as mentioned
previously, to the east across Woodbridge Parkway, is Raymond Cooper Junior High School and Dr. Al
Draper Intermediate School.
Woodbridge Villas
(townhomes)
Former Maxwell
Creek Landfill
Raymond
Cooper Jr.
High School
&
Dr. Al Draper
Inter School
Manors at Woodbridge
The developer, a proven leader with over thirty years’ experience in the DFW single family development
industry, is requesting that this property be rezoned to a Planned Development (“PD”). The PD shall
incorporate:
- 90 single-family lots each with typical lot dimensions of 40’ x 112’.
- A unique detached patio home product that is very desirable for growing suburban areas.
- A community pocket park will serve as a beautiful amenity to Manors at Woodbridge.
- HOA maintained open spaces with decorative metal fencing and masonry columns a long
Woodbridge parkway.
- An enduring and self-sustaining homeowner’s association (HOA) shall be required to maintain
all fencing, irrigation, and landscaping within or abutting HOA owned common area lots. The
HOA will provide for long-term quality maintenance and appearance throughout the
community.
The proposed residential community will include 90 new residential detached single-family homes that will
provide a great opportunity to utilize this irregular shaped parcel and organically transition between the
surrounding land uses. Incorporating a minimum lot square footage of 4,400 square feet will bring a new
high-quality housing category to the City of Wylie and offer residents a diverse yet compatible home to
surrounding options. Additionally, this type of design provides homes that have the feel of a traditional
neighborhood but put less of a maintenance burden on the consumer. Manors on Woodbridge will provide
a convenient neighborhood for young professionals, empty nesters and young families looking for a great
location and easy access to schools.
With the development constraints associated with this property, such as configuration, access, adjacent land
uses, and utilities, the Manors at Woodbridge proposes the highest and best use. Additionally, the proposed
plan for Manors at Woodbridge will allow this development to cure the evident hardships while promoting
a diverse housing option and enhancing the surrounding environment. The proposed Manors at Woodbridge
community strives to be a shinning example of what Wylie has to offer.
PLANNED DEVELOPMENT STANDARDS
EXHIBIT “C”
MANORS AT WOODBRIDGE
I. PURPOSE
The intent of Manors at Woodbridge is to establish a long-lasting, high-quality community that
contributes to the suburban lifestyle in the City of Wylie. The detached patio homes offered in
Manors at Woodbridge are very desirable for growing suburban areas and offer a differentiated
product type not currently available in Wylie. Additionally, the patio homes in Manors at
Woodbridge will generate a cohesive and complementary housing product adjacent to the
Woodbridge Townhome community to the north. With the difficult configuration and location of
the site next to a former landfill, patio homes are the highest and best use at this location.
II. GENERAL CONDITIONS:
1. This Planned Development District shall not affect any regulations within the Code of
Ordinances, except as specifically provided herein.
2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the
Comprehensive Zoning Ordinance (adopted as of 2019) shall apply except for the
following:
Figure 3-4 - Planned Development – Single Family (PD – SF)
Lot Size (Minimum)
Lot Area (sq. ft.)1 4400
Lot Width (feet)1 40
Lot width of corner Lots (feet) 45
Lot Depth (feet)1 110
Dwelling Regulations
Minimum Square Footage 1800
Design Standards Level of Achievement See Section IV Design Conditions
Yard Requirements – Main Structures
Front Yard (feet) 20
Front Yard of Cul-de-sac Lots (feet) 15
Side Yard (feet) 5
Side Yard of Corner Lots (feet) 5 & 10
Rear Yard (feet) 10
Rear Yard of Cul-de-sac Lots (feet) 5
Lot Coverage 75%
Height of Structures
Main Structure (feet) 36
1 – With the exception of all cul-de-sac lots (Lots 46-52 Block A).
III. SPECIAL CONDITIONS:
1. Maximum number of residential lots not to exceed 90 lots.
2. No alleys shall be required within the Planned Development.
3. All homes within the community shall have front entry garages.
4. J-swing garage entries are not required.
5. 10’ brick paver crosswalk shall be located in the center of the community, in front of Lot
25 Block A.
6. A pocket park located in Lot 25 Block A of the zoning exhibit.
7. All open space and common area lots shall be owned and maintained by the Homeowners
Association in perpetuity.
8. The City shall not accept the public improvements nor will a building permit be issued
for Manors at Woodbridge unless/until the extension and improvement of Casey Court
(located within the Woodbridge Villas subdivision) is completed from Concord Drive
south to “Street A” (shown on the Zoning Plan) of Manors at Woodbridge. This is further
detailed on Exhibit “C-1” attached hereto.
IV. DESIGN CONDITIONS:
A. Land Design Standards
1. No public open space easements are required in the Planned Development.
2. There shall be a 40’ buffer with a 6’ decorative metal fence with masonry
columns every 50’ built along Woodbridge Parkway.
3. Desirables, as listed in the zoning ordinance, shall not be required.
B. Street and Sidewalk Standards
1. No curvilinear streets shall be required in the Planned Development.
2. A stone monument identifying the subdivision shall be placed in Lot 1 Block A
open space. The monument shall be made with more than 1 type/color of stone.
3. All crosswalks within the subdivision shall be 7’ wide with distinctive striping
connecting to a pedestrian sidewalk system with pedestrian ramps complying
with the American with Disabilities Act.
4. A minimum 4’ wide, dedicated lead walk, separate from a driveway, shall
provide connection between the house and the driveway. This lead walk shall
not connect to the street.
5. A mailbox cluster shall be provided in the subdivision.
6. Streetlights on decorative poles every 350’ placed on alternating sides of the
street throughout the subdivision.
7. Two or more different types/color of stone on the subdivision monument shall be
a desirable provided in this section.
C. Architectural Standards
1. At least 20% of the façade shall be offset a minimum of 1’ either protruding from
or recessed back from the remainder of the façade.
2. The minimum masonry percentage shall be 85% overall. The remaining 15%
shall be cementitious fiber cement material.
3. 2nd story front elevation set back over brick shall be allowed with cementitious
fiberboard.
4. A front-facing hip roof which faces the street, and which comprises greater than
35% of the total width of a house’s façade shall be broken up with dormers or
other architecturally compatible appurtenances.
5. Each single-family residential unit shall have a combined patio and/or porch total
covered area of a minimum of 150 total square feet of floor area.
6. Minimum of 8:12 front elevation roof pitch on front elevations, except 3:12 roof
pitches on porches/patios or dormers.
7. Architectural laminated shingles shall be used. 3-Tab Shingles are prohibited.
8. In order to encourage variety, the exterior facades of houses on the same side of
the street shall vary within every 4 houses. The same exterior facade of home
cannot be directly across the street from each other. When a house is
constructed, the same combination of brick, stone, masonry-like materials, and
paint shall not be used on other houses within four (4) lots on either side of that
house. This shall be monitored by the Architectural Control Committee.
9. 3 car (or more) garages are prohibited.
10. Each garage shall be a minimum of 400 square feet.
11. Each garage shall incorporate at least two of the following architectural features:
a. Sconce lighting
b. Decorative banding or molding
c. Decorative overhangs above garage doors
d. Eyebrow soldier course over garage doors
e. Decorative brackets on garage doors
f. Columns flanking garage doors.
12. A minimum 6’ board on board cedar fence shall be built along the rear lot line by
the home builder.
13. Each residential dwelling shall have an established front lawn with 1 tree and 5
shrubs. Each residential dwelling shall also have 1 tree in the backyard.
14. Two desirables shall be provided in this section. An automated, subsurface
irrigation system and board on board fencing.
EXHIBIT “C-1”
LOCATION
PROJECT
LOCATION MAP
N.T.S.
0 50 100 200
SCALE: 1" = 100'
OUT OF THE
IN THE
CORWIN ENGINEERING, INC.
200 W. BELMONT, SUITE E
WARREN CORWIN
972-396-1200
ALLEN, TEXAS 75013
COLLIN COUNTY, TEXAS
APPLICANT
WYLIE, TEXAS 75098
932 HOOPER ROAD
ZONING PLAN
WM. SACHSE SURVEY, ABSTRACT NO. 835
SKORBURG COMPANY, LTD.ABSTRACT NO. 703L.K. PEGUES SURVEYABSTRACT NO. 835WILLIAM SACHSE SURVEYVOL. 1300, PG. 809
NORTH TEXAS MUNICIPAL WATER DISTRICT
WOODBRIDGE PARKWAY2.613 TOTAL R.O.W. DEDICATION
13.041 TOTAL ACRES
3 TOTAL OPEN SPACE LOTS
90 TOTAL SINGLE FAMILY LOTS
TIMOTHY & CAROL JOHNSON
PREPARED BY
OWNER
214-888-8857
DALLAS, TEXAS 75225
8214 WESTCHESTER DRIVE, STE. 900
CITY OF WYLIE
FM 544
WOODBRIDGEMcCREARYHENSLEY
(100' R.O.W.)ZONED: PD
CLERKS FILE NO. 20190418000423350
WOODBRIDGE TOWNHOMES I, LTD.
ZONED: PD
DOC. NO. 2019-872
TRACT A-3, PHASE I
WOODBRIDGE VILLAS
CITY LIMITS
CITY LIMITSEX 8" SSPROPOSED ZONING PD
EX. ZONING AG/30
LEGEND
T
EXIST. WATER LINE
PROP. SANITARY SEWER
PROP. MANHOLE
PROP. CLEANOUT
EXIST. SANITARY SEWER
EXIST. MANHOLE
PROP. WATER LINE
PROP. FIRE HYDRANT AND VALVE
EXIST. FIRE HYDRANT AND VALVE
PROP. FLUSH VALVE
PROP. STORM SEWER
PROP. CURB INLETS
PROP. CONC. HEADWALL
PROP. GATE VALVE
PROPOSED 8" SAN. SWR.
8" WL 8" WL 8" WL 8" WL EX. 12" WLESMT.
15' SAN. SWR.TO BE REMOVED
EX. BARN
TO BE REMOVEDEX. HOUSE8" SAN. SWR.
8" SAN. SWR.OPEN SPACELOT 1 BLOCK AOPEN SPACELOT 94 BLOCK ASTREET A (50' R.O.W.)
MANORS AT WOODBRIDGE
BUILDING LINE
20' FRONT
BUILDING LINE
10' REAR
(TYP.)5' SIDEYARDBUILDING LINE10' SIDEYARDEX 8" SSEX. 12" WLTYPICAL DETAIL
N.T.S.
47'40'
47'40'
PROP. STREETPROP. STREETEX. SAN. SWR.EX. SAN. SWR.15' SAN. SWR. ESMT.8" SAN. SWR.PROPOSEDEX. 8" SAN. SWR.
PROP. 15' WATERLINE ESMT.PROP. 15' WATERLINE ESMT.30' FIRE ACCESS ESMT.
MAINTAINED BY THE HOA.
ALL OPEN SPACES TO BE OWNED AND
NOTE:
30' PAD WIDTH
80' PAD DEPTH
40' LOT WIDTH
110' LOT DEPTH
TYPICAL LOT/PADOPEN SPACELOT 25 BLOCK ADECEMBER 2020 SCALE 1"=100'(50' R.O.W.)10' BRICK PAVER CROSSWALK
S89°44'00"E 2072.19'
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1-3
Manors at Woodbridge
Manors at Woodbridge
Manors at Woodbridge Parkway
SINGLE PHASE DEVELOPMENT SCHEDULE
EXHIBIT “D”
MANORS AT WOODBRIDGE
Zoning Submittal…...…………………………………….…………………………...11/16/2020
Zoning Submittal…...…………………………………………..……………………..12/10/2020
Planning and Zoning ……………………………………………..…………………...12/15/2020
City Council………...……………………………………………..…………………...1/12/2021
First Preliminary Plat Submittal………………..……………..………………..........01/18/2021
Second Preliminary Plat Submittal………………..……...…..………………….......01/25/2021
Preliminary Plat Approval…………..…………………..…………………................03/9/2021
Plan Set Submittal………………………………………………………………………...2Q2021
Break Ground……………………………………………………………………………..3Q2021
WYLIE
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Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: 3
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 23, 2020 Exhibits: 1
Subject
Consider, and act upon, authorizing the City Manager to sign a Development Agreement, between the City of Wylie and
Boussel Honrobia (Applicant) regarding the use of building materials for the development of a Light Industrial property
located at 32 Steel Road.
Recommendation
Motion to approve authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Boussel
Honrobia (Applicant) regarding the use of building materials for the development of a Light Industrial property located at
32 Steel Road.
Discussion
The applicant has requested to enter into a development agreement with the City of Wylie while requesting to rezone the
property located at 32 Steel 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).
This Development Agreement states that the property owner, now or future, will voluntarily abide by the building standards
of the City of Wylie Zoning Ordinance now, or as amended.
A separate zoning request for this proposed development, that addresses general development standards, is on this agenda
for consideration.
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 BEFOREi i`: RECORD IN THE PUBLIC
RECORDS: YOUR SOCIALOR YOUR DRIVERS,
City of
Attention:City Manager
it Country Club Road
Wylie, Texas 0'
1111aw 211MINJU11111KNINi'
This DEVELOPMENT AGREEMENT ("A repent") is made and entered into by and
among the CITY OF WYLIE, TEXAS, a home -rule municipality ("Wylie"), and BOUSSEL
HONROBIA, 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 2.906± acres on Lot 1, Blk 1 of
Helmberger Industrial Park, generally located at 32 Steel Road, Wylie, Texas 75098-5753, and
more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes
("HKHH' Steel Commercial Center '); and
WHEREAS, Developer desires to revert the zoning designation of HKHH Steel
Commercial Center and have asked Wylie to rezone the Property to Light Industrial; 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
WHEREAS, Developer desires to voluntarily consent to complying with Wylie's standards
for building products and materials and aesthetic methods, as referenced in Exhibit I 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 fixture on the Property, regardless of whether the Property develops as Qeveloper
desires or intends or not; and
WHEREAS, Wylie hereby designates the Property for its historical, cultural or
architectural importance and significance pursuant to Section 3000.002O of the Texas" Local
Government Code; and
WHEREAS, the parties agree that they enter into this Agreement pursuant to Section
3000.002() of the Texas Local 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
the Property as of the Effective Date of this Agreement; and
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 1 of 13
2837901
VMEREAS, the Wylie City Council has investigated and determined that it would k.
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:
1ncbWoMj4q of ReeMs. The representations, covenants and recitations set forth in tha
forth in the foregoing recitals of this Agreement are true and correct, are incorporate to
the body of this Agreement and are adopted as findings of Wylie and Developer.
2. Land Subject toA=emnt. The land that is subject to this Agreement is the Property.
Developer represents and warrant that he is the sole owner of HKHH Steel Commercial
Center as of the Effective Date of this Agreement.
(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, terininated 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.
(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
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 2 of 13
2837901
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 res pect to any
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.
(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
(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 Lj�LbW. 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 Developer for, any credit or reimbursement of, or payment of any monies, with
regard to the matters set forth herein.
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 3 of 13
2837901
6. Covenant kuhnihg with IkIgAd. This Agreement shall be a covenant running with the
an and Property, including HKHH Steel Commercial Center, 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.
T Limitationg 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 nol
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�wylieLexas_aov
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
Facsimile: (214) 544-4044
Email: r ittnianrcbabernathy-1 aw.com
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 4 of 13
2837901
If to Developer, addressed to Developer at:
Boussel Honrobia
Attention: Boussel Honrobia
406 Terry Ct.
Allen, TX 75002
f. ■ SHALL RELEASE,DEFEND, INDEMNIFY AND HOLD HARMLE
WYLIE FROM 1, AGAINST DAMAGES,1(INCLUDINGDEAT
CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMAND
JUDGMENTS 1 COSTS, INCLUDING REASONABLEf EXPENSES i.
(INCLUDINGf ". 1 EXPENSES INCURRED
ENFORCING 1 INDEMNITY) CAUSED, IN WHOLEOR PART,IN i
GROSSLYOR INTENTIONALLY• f i.,
OMISSION OF DEVELOPER OR ANY OF DEVELOPOFFICER
DIRECTORS,PARTNERS CONTRACTORS,SUBCONTRACTORS, EMPLOYEE
SUCCESSORS,REPRESENTATIVES, AGENTS, VENDORS,
RESPONSIBLE,TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHO
DEVELOPER IS LEGALLY 1 ITS/THEIR PERFORMANCE OF
REGARDLESS OF f, • CONCURRENT
WYLIE (HEREINAFTER 1"CLAIMS '
DEVELOPER i 1
DEFEND WYLIE AGAINST ALL SUCH CLAIMS.
RIGHT(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 i BY WYLIE IN WRITING.
RESERVES THE RIGHT TO PROVIDE 1 PORTION OR OF OWN DEFENSE;
HOWEVER,1 ` NO OBLIGATION Ti DO so. ANY SUCH ACTION
WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF r /
OBLIGATION / DEFEND WYLIE OR OF r i.
OBLIGATION / INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH
DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN
(7) BUSINESS DAYS /'s WRITTEN NOTICE THAT WYLIE IS INVOKING
RIGHT / INDEMNIFICATION UNDERDEVELOPER
FAILS TO RETAIN COUNSELPERIOD,
RIGHT/ RETAIN DEFENSE COUNSELON ITS OWN BEHALF,1 EACH
DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE.
(c) THE RIGHTS 1 OBLIGATIONS i BY THIS SECTION
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 5 of 13
2837901
I
THE OBLIGATIONS i 1 BY THISi BE PERFORMED BY
DEVELOPER, i OR DO NOTCONSTITUTE
• OR UNITED STATES CONSTITUTION;
VIOLATION OF :I CODE, OR
AMENDED;
VIOLATION OF f GOVERNMENT'
INCLUDINGCHAPTER3000, OR r.
r
(D) NUISANCE; OR
(E) CLAIM i I• OR : t•
VIOLATION f I' OR CONSTITUTION,
OR OR I •• OR LOCAL ORDINANC
RULE OR REGULATION.
DEVELOPER(ii) EACH r I HOLD HARMLESS '11YLIE FROM
r AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING
NOT 1 TO, ANY OF DEVELOPER'S OFFICERS,
DIRECTORS, EMPLOYEES,SUCCESSORS,
VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO
OR AS A RESULT OF i
• EACH DEVELOPER R' i AND ALL CLAIMS OR CAUSES OF
ACTION• ON OR f
DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT
AGAINST WYLIE FOR A VIOLATIONOF 1 OR STATE CONSTITUTION,
STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR
■ f ;
[d) THISSECTIONSURVIVE THE TERMINATIONOF
notice1L Vested Riglusltr 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 of project of Developer. ■ DEVELOPER
STATUTORYI • 245 OF fCAL GOVERNMENT CODE,
AMENDED, UNDER THIS AGREEMENT. THIS SECTION
OF
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 6 of 13
2837901
12. Attom'��f��- If either party files any action or brings any proceeding against the other
arising from this Agreement, _ as between Developer1. 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 limitations set forth in TEX. Loc. Gov'T CODE § 271.153, as it exists or may be
amended, if applicable.
13. Warrant e / e aresentations. 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 A reen ent. 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. Crovemin 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 It ie 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 parry.
18. Apjhgd0q9Lkecute. 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 • authorize : i •: this Agreement to • • so for
i.
19. Savirms; Severdbilitv. 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
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.
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 7 of 13
2837901
20. 7esentations. 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 Rggy 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.
(a) This Agreement is assignable, in whole or in part, upon the following conditions,
all of which must be satisfied before any such assigm-nent 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 )"ie with a file�marked, copy of the Asst � I euM
within ten (10) 44ys of filing the same, and until Wylie receives said file
marked it of the Assignment as provided herein, Wylie shall not, und .1
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
8k�� herein are conspicuous, and the parties have read and understood the same.
FA. 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 — HKHH Steel Commercial Center Building Materials Standards Page 8 of 13
2837901
25. ImmunLty. 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 fiatictions. By entering into this Agreement, the parties do not create any obligations,
express or implied, other than those set forth herein.
26. Rqf6rohce to Dgvelogy. 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.
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 Draftiiia Pmvisions. 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
convenience of the parties and are not intended to be used in construing this document.
Wevelopment Agreement — HKHH Steel Commercial Center Building Materials Standards Page 9 of 13
2837901
IN WITNESS VvTMREOF, 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
By:
Chris Holsted, City Manager
Date:
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Chris Holsted,
tie,4ie forejoinj instrumenti he
acknowledged to me that ne is Ine CiLy rf-faTiager anu 0-ij 73771191777FI,
Wylie, Texas, and that he executed said instrurnent for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ---- day of
2020.
Notary Public, State of Texas
My Commission Expires::!I—A
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 10 of 13
2837901
By:
Boussel Honrobia
M
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Boussel
Honrobia, known to me to be one of the persons whose names are subscribed to the foregoing
-k� �'- i - iv-d consideration
therein stated and in the capacity therein stated.
IN WIT, ESS WHEREOF, I have hereunto set my hand and seal of office this day
of 2020.
Notary Public, ALate of Texas
0
KATHY TULLOCK My Commission Expires.
Notary ID #10154496
My Commission Expires
May 1, 2023
Development Agreement — HKHH Steel Commercial Center Building Materials Standards Page 11 of 13
2837901
Exhibit A-1
Legal DescriDtion of the H-KHH Steel Commercial Centj
Lot 1, Block I of Helmberger Industrial Park, an addition to the City of Wylie, Collin County,
Texas.
evelo►ent Agreement - HV-HH Steel Commercial Center Building Materials Standards Page 12 of 13
2837901
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 local
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 la t< three code cycles that applies to the
construction, renovation, maintenance, or other alteration of the building
Development Agreement — HK_HH Steel Commercial Center Building Materials Standards Page 13 of 13
2837901
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Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: 4
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 23, 2020 Exhibits: 4
Subject
Hold a Public Hearing, consider, and act upon, a request regarding a change of zoning from Planned Development Ordinance
No. 2018-30 (PD 2018-30) to Light Industrial (LI), to allow for light industrial development on 2.9068 located at 32 Steel
Road. (ZC2020-16).
Recommendation
Hold a Public Hearing, consider, and act upon, a request regarding a change of zoning from Planned Development Ordinance
No. 2018-30 (PD 2018-30) to Light Industrial (LI), to allow for light industrial development on 2.9068 located at 32 Steel
Road. (ZC2020-16).
Discussion
OWNER: Boussel Honorobia APPLICANT: HKHH Steel Group LLC
The applicant is requesting to rezone the property located at 32 Steel Road from Planned Development Ordinance No. 2018-
30 (PD 2018-30) to Light Industrial (LI).
Prior to 2018 the property was zoned Light Industrial, however in October 2018 the land was rezoned to PD 2018-30 for a
business park with commercial and light industrial uses. The applicant is requesting to rezone the land back to Light
Industrial as the envisioned development stemming from the PD request did not materialize.
A straight zoning designation will allow the subject property to be marketed and developed without the requirements of the
Planned Development which included; a zoning exhibit with specific building layouts and sizes, specific required
landscaping, and site wide shared parking.
The applicant has voluntarily submitted a Development Agreement regarding Building Materials to be used on this property.
That item is on this agenda for consideration.
In accordance with State Law, eleven (11) notifications were mailed to property owners within 200’ of the subject property.
Two responses were received in favor of the rezoning at the time of this posting.
P&Z Commission Discussion
The Commission voted 5-0 to recommend approval.
WYLIE
W FM 544
C A P I TA L S T
ST EE L R D SECURITY CTHOOPERRDDrivewaySHORELINE LN
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ri
vewayDrivewayDDAALLLLAASS AARREEAA RRAAPPIIDD TTRRAANNSSIITT
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C O L L IN C O U N T Y
D A L L A S C O U N T Y
Sub ject Property
L o c a t o r M a p
0 260 520 780 1,040130 Feet ¯
ZC 2020-16
¯
DrivewayDriveway
S T E E L R D
D r i v e w a y
RUBALCAVA
HELMBERGERINDUSTRIALPARK
HONOROBIAINDUSTRIALPARK
ABSO LUTEAUTOMOTIVE
32-700
32-100
32-500
32
32-300
32-200
124
30
32-400
32-600
51
COLLIN COUNTY
DALLAS COUNTY
200 Foot Notifcation Buffe r Sub ject Property
Notification Map
0 100 200 300 40050 Feet ¯
ZC 2020-16
¯
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 92020-16.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case #2020-16.
Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns
Date, Location & Time of
Planning & Zoning
Commission meeting:
Date, Location & Time of
City Council meeting:
Name:
Address:
Signature:
Date:
COMMENTS:
Tuesday, December 15, 2020 6:00 pm
Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas
Tuesday, January 12, 2021 6:00 pm
Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas
4-W5 vZ t.-t1
(pleaseprint) VA9�ji3ZAJ&XAM -Tt•V'
31S V1o� sc
Sy��t jy "I5 ` 7'
IN
r ��
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 #2020-16.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case #2020-16.
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, December 15, 2020 6:00 pm
Municipal Complex, 300 Country Club Road, Building`100; Wylie, Texas
Date, Location & Time of
City Council meeting: Tuesday, January 12, 2021 6:00 pm
Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas
Name: e!/� tjt—
(please print) l�
Address: 2.4uot1
Signature: lC�
Date:
COMMENTS:
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: 5
Department: Public Works (City Secretary’s Use Only)
Prepared By: Tim Porter Account Code: 613-5723-58110
Date Prepared: January 4, 2021 Exhibits: Resolution
Subject
Hold a Public Hearing, consider, and take action on Resolution No. 2021-01(R) authorizing the use of eminent domain to
condemn and determining a public necessity exists to acquire certain property for public use by eminent domain (in fee
simple) for the construction, expansion, access, repair, maintenance and replacement of the Ballard Avenue Elevated Water
Storage Tank and all appurtenances related thereto; giving notice of an official determination to acquire certain property for
public use by eminent domain (in fee simple) for the construction, expansion, access, repair, maintenance and replacement
of the Ballard Avenue Elevated Water Storage Tank and all appurtenances related thereto; authorizing the City Manager of
the City of Wylie, Texas, to establish procedures for acquiring the property (in fee simple), to offer to acquire said property
rights, voluntarily, from the landowner(s) through the making of bona fide offers; appropriating funds; providing for
repealing, savings and severability clauses; and providing for an effective date.
Recommendation
If the City Council desires to approve this item, the form of the motion is required by statute to be made as follows: “I move
that the City Council of the City of Wylie, Texas authorize the use of the power of eminent domain to acquire property in
fee simple located in the area described and depicted in Exhibit A to the resolution under consideration by the City Council,
for the purpose of the construction, expansion, access, repair, maintenance and replacement of the Ballard Avenue Elevated
Water Storage Tank and all appurtenances related thereto.”
Discussion
To continue design of the Ballard Avenue Elevated Water Tank project, a property parcel is required. Approval of the
Resolution authorizes the City Manager to proceed with acquisition of the parcel, allowing geotechnical borings to be
performed on the site and design services to continue. The project, including property acquisition is financed by 2017 Bond
Funds and Utility Impact Funds.
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 1 of 5
RESOLUTION NO. 2021-01(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE
CERTAIN FOR PUBLIC USE BY EMINENT DOMAIN (IN FEE SIMPLE)
FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR,
MAINTENANCE AND REPLACEMENT OF THE BALLARD AVENUE
ELEVATED WATER STORAGE TANK; GIVING NOTICE OF AN
OFFICIAL DETERMINATION TO ACQUIRE CERTAIN FOR PUBLIC
USE BY EMINENT DOMAIN (IN FEE SIMPLE) FOR THE
CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE
AND REPLACEMENT OF THE BALLARD AVENUE ELEVATED
WATER STORAGE TANK; AUTHORIZING THE CITY MANAGER OF
THE CITY OF WYLIE, TEXAS, TO ESTABLISH PROCEDURES FOR
ACQUIRING THE PROPERTY (IN FEE SIMPLE), OFFERING TO
ACQUIRE SAID PROPERTY RIGHTS, VOLUNTARILY, FROM THE
LANDOWNER(S) THROUGH THE MAKING OF A BONA FIDE OFFER;
APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) has investigated
and determined that there is a public necessity for the acquisition, by eminent domain, of certain
parcels (in fee simple) and related improvements on the real property described and depicted in
Exhibit A, which attached hereto and incorporated herein for all purposes (the “Property”); and
WHEREAS, it is the intent of the City of Wylie, Texas (“Wylie”) to acquire the necessary
Property for the purpose of, among other things, the construction, expansion, access, repair,
maintenance and replacement of and/or improvements to public facilities; specifically, the
construction of and/or improvements to the Ballard Avenue Elevated Water Storage Tank (the
“Project”) for the purposes of, among other things, erecting a new tank structure; and
WHEREAS, the City Council finds that the descriptions of the Property to be acquired by
eminent domain for the Project, which are attached hereto in Exhibit A, comply with Chapter 2206
of the Texas Government Code, as amended (“Chapter 2206”), in that the same provides owners
of the Property reasonable notice that the owners’ Property may be subject to condemnation
proceedings during the planning or construction of the Project; and
WHEREAS, the City Council has further investigated and determined that the Project is
necessary for public use; and
WHEREAS, it is necessary to establish procedures for determining the establishment and
approval of just compensation for the Property to be acquired by eminent domain for the Project;
and
WHEREAS, there may be improvements located on the Property acquired for the Project
and such improvements may be required to be moved prior to the beginning of the Project; and
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 2 of 5
WHEREAS, the City Manager, or his designee (“City Manager”), is required to make a
bona fide offer, as defined by and in compliance with Section 21.0113 of the Texas Property Code
(“Bona Fide Offer”) to acquire the Property for public use, voluntarily, from the subject
landowner(s) prior to moving forward with acquisition by eminent domain; and
WHEREAS, the City Council has investigated and determined that the passage of this
Resolution complies with Chapter 2206 and other applicable laws.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Property. The City Council hereby determines that there is
a public necessity for, and the public welfare and convenience will be served by, the acquisition,
by eminent domain, of the Property, and it is Wylie’s intent to acquire the Property for public use
as more generally depicted in Exhibit A, attached hereto, specifically for the purpose of, among
other things, the construction, expansion, access, repair, maintenance and replacement of and/or
improvements of the Project.
SECTION 3: Authority of City Manager/Bona Fide Offer. The City Manager is hereby
authorized to contract, on behalf of the City Council, with professional appraisers for appraisal
services and with attorneys for preparation of title opinions needed by Wylie from time to time in
connection with the acquisition of the Property for the purpose of, among other things, the
construction, access, repair, maintenance and replacement of and/or improvements to the Project.
The City Council hereby ratifies any contracts entered into, prior to the effective date of this
Resolution, by the City Manager with professional appraisers for appraisal services and with
attorneys for preparation of title opinions needed for the acquisition of the Property. To this end,
the City Manager shall negotiate and make a Bona Fide Offer to acquire the Property from the
subject landowner(s) voluntarily. Should one or more of the landowners fail to provide the
Property voluntarily in response to said Bona Fide Offer, the City Manager is authorized to move
forward with acquiring the Property by eminent domain.
SECTION 4: Determination of Just Compensation. The City Manager is hereby
authorized and directed to examine and rely on the independent appraisal reports and other
information to make a determination as to the establishment and approval of a fair market value
offer and the just compensation for the Property for the purpose of negotiating for the acquisition
of the Property as well as making a Bona Fide Offer. After such consideration, the City Manager
shall establish and approve the amount determined to be just compensation for acquisition of
Property and shall have the authority to execute any and all documents necessary to complete the
acquisition of same.
SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City
Manager of the amount of just compensation for the acquisition of the Property, the City Manager
is authorized to negotiate the acquisition of the Property and to send a written Bona Fide Offer to
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 3 of 5
the landowner(s) of said Property for the acquisition of said Property at the full amount determined
and established to be just compensation therefore, and to negotiate with said landowner(s) on
behalf of Wylie to acquire the Property voluntarily.
SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized
to execute all documents necessary to acquire the Property needed for the Projects, on behalf of
Wylie, whether by purchase or eminent domain. The City Council hereby ratifies any documents
executed, prior to the effective date of this Resolution, by the City Manager which were necessary
for the acquisition of the Property for the Projects.
SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell
such surplus improvements, if any, located on the Property acquired in connection with these
Projects, should they interfere with the intended use and enjoyment of said Property.
SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to
acquire the Property voluntarily from the landowner(s), through the making of a Bona Fide Offer,
the City Manager is authorized to direct the law firm of Abernathy, Roeder, Boyd & Hullett, P.C.,
to commence eminent domain proceedings for the acquisition of the Property for the Project.
SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the Property
for the Project will be appropriated from any lawful source.
SECTION 10: Savings/Repealing. All provisions of any resolution in conflict with this
Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of
conflicting resolutions shall remain in full force and effect.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of
this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Resolution shall remain in full force
and effect. The City Council hereby declares that it would have passed this Resolution, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Resolution shall take effect immediately from and
after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 12th day of January, 2021.
[The remainder of this page intentionally left blank.]
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 4 of 5
________________________________
Matthew Porter, Mayor
ATTEST:
________________________________
Stephanie Storm, City Secretary
Dates of Publication: January 20, 2021 in the Wylie News
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 5 of 5
Exhibit A
New Ballard Ave. Elevated Tank Site
1211012020
Parcel No. I
City of Wylie
FIELD NOTE DESCRIPTION
1.221 ACRE LAND ACQUISITION
[FOR PROPOSED BALLARD ELEVATED STORAGE TANK SITE
Being a 1.221 acre tract of land to be acquired for the proposed Ballard Elevated Storage Tank Site, said tract
being situated in the Allen Atterberry Survey, Abstract Number 23, in the City of Wylie, Collin County, Texas
and being a part of Lot 2, Alanis Addition, an Addition to the City of Wylie according to the plat thereof
recorded in Cabinet P, Slide 287, of the Map Records of Collin County, Texas (P,R.C.C.T.), and being
proposed Lot 3 of Alanis Addition, Replat (not yet filed) and also being part of a called 3.074 acre tract of
land conveyed to Stepping Stones Group LLP, by deed recorded in Volume 5559, Page 1945 of the Deed
Records of Collin County, Texas (D.R.C.C.T.), said tract of land being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found for comer, said iron rod being on the northwest property comer of
said 3.074 acre Lot 2, Alanis Addition tract, and being on the northeast property comer of a called 1.5 acre
tract ' conveyed to the City of Wylie by deed recorded in Volume 1053, Page 876, D.R.C.C.T., and also being
on the south property line of Southplace Estates, Phase VI, a called 10.122 acre Addition to the City of Wylie
according to the plat thereof recorded in Cabinet Q, Slide 411, P.R.C.C.T..-
THENCE, S 89-3 645 " E (Record Bearing N 89'57'40" E), along the north property line of said 3.074 acre Lot
2, Alanis Addition tract, and also being along the south property line of said 10. 122 acre Southplace Estates,
Phase IV tract, a distance of 241.43 feet to .1
iron rod found for comer, said iron rod found being on
the northeast property comer of said 3.074 acre Lot 2, Alanis Addition tract, and also being the northwest
property comer of Twin Lakes Phase 11, a called 34.639 acre Addition to the City of Wylie according to the
plat thereof recorded in Cabinet L, Page 321, P.R.C.C.T, and also being on the south property line of said
10. 122 acre Southplace Estates tract;
THENCE, S 00-29'54" W, along the east property line of said 3.074 acre Lot 2, Alanis Addition tract, and
being along the west property line of said 34.639 acre Twin Lakes Addition tract, a distance of 220.47 feet to
a 1/2-inch iron rod set with yellow cap stamped "BH&C" for corner;
THENCE, N 89'30'06" W, departing the east property line of said 3.074 acre Lot 2, Alanis Addition tract, a
distance of 241.40 feet to a point for comer, said point being on the west property line of said 3.074 acre Lot
2, Alanis Addition tract, said point also bearing S 87'55'55" E, a distance of 0.19 feet, from a PIS Nail found
in concrete;
H:\Projects\Wylie\2018159\Eawment Plats\DescripfionsTARCEL 01 -LAND ACQUISITION 1.221 Acres .doc Page 1 of 3
New Ballard Ave. Elevated Tank Site
1211012020
Parcel No. I
City of Wylie
I WN"I'll 11V
W.E110E, 1 OV25"26" E (Record Bearing 1100'00'00" E), along the west property line of said 3.074 acre Lot
f C, Alanis Addition tract, and also being along the east •• line of .• 1.5 acre City • Wylie tract, a
,#'istance • 220.00 feet to the POINT OF BEGINNING, said tract • 1.221 acres (53,168 square feet)
• land, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Selling a portion of an addition by metes and
bounds is a violation of city subdivision
ordinance and state platting statutes. This
document shall not be filed for record prior
to approval and filing of the necessary replat.
3. This document has been prepared to support
the City in securing an appraisal of property
to be acquired.
4. Field survey concluded on 12/01/2020.
5. A Land Acquisition Plat of even date
herewith accompanies this Field Note
Description.
Derek
Texas Registration No. 6523
• • & Carter L.L.T
TBPLS Firm No. 100318-It;
119 10 Greenville Ave., Suite 600
Aallas, Texas 75243
••. 214-361-7900
H:\Projects\Wylie\2018159\Easement Plats\Descriptions\PARCEL 01 -LAND ACQUISITION 1.221 Acres .doe Page 2 of 3
0
I
I
LOT I LOT 2 LOT 3
wirm
ALLEN ATrERBERRY
SURVEY
ABSTRACT 23
CITY OF WYLIE
VOL. 1053, PG. 876
1.5 ACRES
0 100
1 INCH = 100 FEET
NOTES:
1, BEARINGS AND DISTANCES CITED IN THIS PLAT DESCRIPTION
ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202.
2. SELLING A PORTION OF AN ADDITION BY METES AND
BOUND IS A VIOLATION OF CITY SUBDIVISION ORDINANCE
AND STATE PLATTING STATUTES. THIS DOCUMENT SHALL
NOT BE FILED FOR RECORD PRIOR TO APPROVAL AND
RUNG OF THE NECESSARY REPLAT.
3. THIS DOCUMENT HAS BEEN PREPARED TO SUPPORT THE
CITY IN SECURING AN APPRAISAL OF PROPERTY TO BE
ACQUIRED.
4. FIELD SURVEYS CONCLUDED ON 12/01/20.
5. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH
ACCOMPANIES THIS EXHIBIT.
SOUTHPLACE ESTATES PHASE V1 CHAIN LINK
1/2" I.R.F. CAB. Q, SLIDE 4111 FENCE
LOT LOT 5 LOT 6
LOT 4
if S89'36'4,5E j
24
PROPOSED LOT 3s,
ALANIS ADDITION REPLAT
(NOT YET FILED)
BM I MI ACM OUr N
H
OF Uff 2, &074 MW
CM P, SUM W7
o
241.40'
PK NAIL FOUND N89'J0'06'W 1/2" I.R.S.C.
(REFERENCE MON., N87*55'55"W,
0.19' FROM CORNER) I.R.S.C.
50' LONE STAR
REMAINDER OF LOT 2,
GAS COMPANY ESMT.
ALANIS ADDITION
VOL. 3260, PG 974
CAB. P, SLIDE 287
BEING 1.853 ACRE PROPOSED
LOT 2R, ALANIS ADDITION REPLAT
(NOT YET FILED)
A
EXHIBIT "All
1/2" I.R.F.C. PAGE 3 OF 3
LOT 7 LOT 8
-1/2" I.R.F.C.
LOT 7
-WOOD FENCE
LINE
LOT 6
TWIN LAKES PHASE 11
CAB. L, PAGE 321
-1/2" I.R.F.C.
LOT 5
1/2" I.R.F.C.
LOT 4
PROPOSED LOT 3,
ALANIS ADDITION REPLAT
1.221 ACRES OUT OF LOT 2
BIRKHOFF, HENDRICKS & CARTER, L.L.Pt"!
PROFESSIONAL ENGINEERS
TBPE Finn No. 526; TBPLS Firm No. 10031800
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-790(m
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: WS 1
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: December 30, 2020 Exhibits: 1
Subject
Hold a Work Session to discuss an update to the Comprehensive Development Plan.
Recommendation
Direction.
Discussion
The City of Wylie’s Comprehensive Master Plan was last updated in 2012. That plan focused on managing the shift from
an extremely fast-growing Wylie to relatively slower population growth with increased commercial
development/redevelopment.
That plan has served Wylie well, as evidenced by Wylie being named to several “best places” lists, the City’s continued
growth, increasing property values, and high quality of life.
However, after almost a decade it is time to consider an update to reflect the future of Wylie for the next decade and beyond.
An updated comp plan may need to address continued commercial development, residential redevelopment, affordable
housing, aging infrastructure, and other opportunities and challenges of a maturing community, along with incorporating
updated plans for city parks and the downtown area.
Staff is seeking direction on the focus and extent of the update.
Comp Plan Joint Work Session
Comprehensive Plan
“...official statement of a legislative body of a local government that sets forth goals, policies, and guidelines
intended to direct the present and future physical, social, and economic development that occurs within its
planning jurisdiction.”
-Chapter 213 of Texas Local Government Code
-Article IX of City Charter
In general terms, the comp plan guides land use policy and decisions
Comprehensive Plan
Last updated 2012 - Focus on transition from extreme population growth to slower growth with increased
commercial development.
-General land use (zoning)
-Capital Improvement Plan (transportation)
-Natural Resources
-Parks and Recreation
-Special Districts (Downtown and South Ballard)
-Economic Development
-Hazard Mitigation
Notes:
Growth from double digits to middle single digits
Nine lands uses to four
Moved from specific goal implementations to broad and flexible objective based implementation
Currently these fiber optic lines installed by Verizon provide high speed data transmission (up to 30mbps), on demand television service, and telephone service.
Comprehensive Plan
An updated comp plan should focus on the next transitions and direct Wylie for the next decade and beyond.
Staff has been working on aspects of the Plan:
-Limited greenspace, zoning and land use
-Redevelopment/improvement
-Affordable housing
-Demographics (awaiting release of 2020 Census data)
-Advancing Technology
-Capital Improvement Plan
-Infrastructure survey
-Parks Master Plan
-Downtown Historic District (awaiting finalized City/NCTCOG plan )
-Lakefront plan
-“Planning the Plan”
Notes:
Growth hovering in low single digits (30% compared to 10% US overall)
Reevaluating four choices (five including industrial, six including reinvestment zones)
Redevelopment/improvement in areas that are 40+ years old or declining values
ACTION plan
Reinvestment zones (tax breaks)
TIFs
Improvement District 52-a Texas Constitution
Affordable housing plan and demographics will be given by CMs office, if needed
Include aging infrastructure
Parks improvements / Recreation additions
DTH improvements
Advancing Technologies (grocery delivery/pick up, work from home, electrification of transportation. transportation choices, 5G @ home)
Planning the Plan = What may be included in the plan,
Comprehensive Plan
Guidance needs:
-Move forward?
-Extent? Minor update? Complete rewrite?
-Funding? Mid-year? Next fiscal year?
Notes:
Although some things are the same as the last comp plan: slowing but continued residential and commercial growth
Many other aspects are vastly different
Limited greenspace,
more development will involve redevelopment
Affordable housing,
changing demographics
Aging infrastructure
Several updated plans, Parks, CIP, DTH
Advancing Technology
social policy statements
Consultant - Specialized comp planners, more efficient, broader scope/ latest trends, production values, timeliness
One year from start
$150-250k
Planning Staff
Planning Manager
-jasen.haskins@wylietexas.gov
-972-516-6324
Senior Planner
-kevin.molina@wylietexas.gov
-972-516-6323
Administrative Assistant
-mary.bradley@wylietexas.gov
-972-516-6320
Comprehensive Plan
Notes:
2000-2010 Population more than doubled
2010-2020 Population grew 30%
Comprehensive Plan
Consultant - Specialized comp planners, more efficient, broader scope/ latest trends, production values, timeliness
Comprehensive Plan
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: WS 2
Department: Planning (City Secretary’s Use Only)
Prepared By: Jasen Haskins, AICP Account Code:
Date Prepared: January 1, 2020 Exhibits: 1
Subject
Hold a Work Session to discuss various allowed uses and the applicability of Special Use Permits.
Recommendation
Direction.
Discussion
The Zoning Ordinance allows for, and in some cases requires, a Special Use Permit “for developing certain uses in a manner
in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood.
Special use permits are required where site specific impacts may exist that require additional review to ensure compatibility
between uses.”
In more general terms, a SUP may be required when a use may adversely affect the health, safety, or welfare of the City or
its citizens.
As commercial development continues with Wylie nearing build out, reclassifying certain current ‘by-right’ uses as ‘special
use permit’ may be beneficial to the City.
Staff is seeking direction on the application of Special Use Permits within the Zoning Ordinance.
Work Session
Special Use Permits
Special Use Permits
“The Special Use Permit provides a means for developing certain uses in a manner in which the proposed use
will be compatible with adjacent property and consistent with the character of the neighborhood. Special use
permits are required where site specific impacts may exist that require additional review to ensure compatibility
between uses.”
In more general terms, a SUP may be required when a use may adversely affect the health, safety, or welfare of the City or
it’s citizens.
Required in certain zoning districts
Allow compatible uses in other districts
Special Use Permits
Current required SUPs include;
-uses that generally involve extensive outdoor activities (ex. animal kennels and equipment rentals)
-uses that may not always be compatible with the adjacent properties (ex. bed and breakfast)
-uses that may have adverse effects (ex pawn shops and alternative financial institutions)
-and uses that may be difficult to redevelop and result in blight if the business fails (ex. car washes and minor
automotive)
Special Use Permits
Rapid commercial development and dwindling available commercial land may suggest reclassifying some uses
from ‘by-right’ to ‘special use permit’
Staff is seeking direction on the application of Special Use Permits within the Zoning Ordinance
- Add SUP requirement to some uses in CR zoning districts where SUP is required in NS
- Add SUP requirement to some uses in CC zoning districts where SUP is required in NS
- Add SUP requirement to some uses in CR zoning districts for challenging redevelopment uses
- Add SUP requirement to some uses in CC zoning districts for challenging redevelopment uses
Planning Staff
Planning Manager
-jasen.haskins@wylietexas.gov
-972-516-6324
Senior Planner
-kevin.molina@wylietexas.gov
-972-516-6323
Administrative Assistant
-mary.bradley@wylietexas.gov
-972-516-6320
Wylie City Council
AGENDA REPORT
Page 1 of 1
Meeting Date: January 12, 2021 Item Number: WS 3
Department: (City Secretary’s Use Only)
Prepared By: Account Code:
Date Prepared: December 23, 2020 Exhibits:
Subject
Discuss sewer rates at senior living communities.
Recommendation
Discussion