NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
Tuesday, January 22, 2002
6:00 p.m.
Wylie Municipal Complex – Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098

  
CALL TO ORDER

INVOCATION & PLEDGE OF ALLEGIANCE

CITIZENS 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.

  1. Consider and act upon approval of the Minutes from the Regular Meeting of January 8, 2002.

  2. Consider and act upon a Preliminary Plat for the LGD Properties Townhouses, being a certain 1.2388 acre tract of land situated in the S.B. Shelby Survey, Abstract No. 820, and being a part of Block 3 of the unrecorded Russell Addition, and being a part of Lot 39, Block 8, Brown and Burns Addition to the City of Wylie, Collin County, Texas, according to the Plat thereof, recorded in Volume 1, Pages 110-112 of the Map Records of Collin County, Texas, and being a tract of land conveyed to Marion M. McDonald by deed recorded in Volume 205, Page 653, and being a tract of land conveyed to D&M Check Cashing by deed recorded in County Clerk’s File No. 95-0008356 of the Deed Records of Collin County, Texas.

  3. Consider and act upon approval of an ordinance adopting new water, sewer, thoroughfare and storm drainage design manuals and details.

ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION

BOARD APPOINTMENTS

  1. Consider and act upon appointing a replacement to the Park and Recreation Board and to the Wylie Park and Recreation Facilities Development Corporation Board (4B Board) for one unexpired term on each Board ending in July 2003; and appointing a replacement to the Zoning Board of Adjustments for one unexpired term ending July of 2002.

    2. EXECUTIVE SUMMARY

    Replacements are necessary for three positions on our city advisory boards. A resignation has created a vacancy on the Parks and Recreation Board. This member also served as a Parks representative on the Parks and Recreation Development Corporation Board (4B), therefore an appointment must be made to fill the vacancy on this board as well. Also, a vacancy has been created on the Board of Adjustments due to a member who has been absent for the last three meetings.

    APPROVAL OF ORDINANCES
  2. Consider and act upon an Ordinance adopting a new cross-connection prevention and control program, repealing Ordinance number 99-34 and repealing all conflicting ordinances.

    3. EXECUTIVE SUMMARY – Item No. 2

    An ordinance adopted on November 9, 1999 established the City’s cross connection program, as required by the TNRCC in compliance with state law. The 1999 ordinance required installation of vacuum breakers or a Reduced Pressure Principle device to protect water supply contamination from residential lawn sprinklers, which has proven to be problematic. Previously, double-check assemblies were allowed. Consultants, Backflow Management, Inc, included the change in backflow devices in the 1999 ordinance, anticipating that the TNRCC would disallow the use of double-check assemblies for residential lawn sprinklers, however, the TNRCC has no plans to disallow this use. The proposed ordinance also addresses adequate protection of fire sprinkler systems, upgrading the requirement for backflow protection of fire sprinkler systems to help ensure that the contaminated water contained within the lines does not contaminate the drinking water supply.

    PLANNING ITEMS – Public Hearings
  3. Hold a Public Hearing to consider and act upon a change in zoning on Tract A from Single-Family (SF-3 and SF-8.5/17) and Business-2 (B-2) to Multi-Family (MF) and Tract B from Multi-Family (MF) to Single-Family (SF 8.5/17), Tract A, being approximately 8.175 acres and Tract B being approximately 5.969 acres situated in the D.W. Williams Survey, Abstract No. 980 and the Allen Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas, being a portion of a tract of land conveyed to JCM Properties, according to the deed recorded in Volume 2223, Page 874, and part of two tracts of land conveyed to JCM Partners, L.P., according to the deed recorded in County Clerk File Number 96-0045039, and part of a tract of land conveyed to Verna M. Poor and Michael R. Poor according to the deed recorded in Volume 4409, Page 2100 of the Deed Records of Collin County, Texas. (Zoning Case No. 2001-16)

    4. EXECUTIVE SUMMARY

    Applicant is requesting rezoning of the subject tracts currently zoned Multi-family, Business and Single-Family in order to relocate the Multi-family and eliminate the Business uses. Recently adopted revisions to the Zoning Ordinance and Map, changed the subject Business-2 District to Neighborhood Services and the Single Family-3 to Single Family-8.5/17. The subject Multi-family remained MF. Application for rezoning submitted for review prior to the adoption of the November revisions. Proposed rezoning will eliminate the commercial zoning district and relocate the Multi-family zoning to the frontage along Elm Road and expand the MF from 8.23 acres to 10.44 acres. The remainder of the property will remain zoned SF-8.5/17. Public Comment Forms were mailed to four (4) property owners within 200 feet of this request. Two Comment Forms FAVORING and one OPPOSED to the proposal. At the January 15, 2002 Planning and Zoning meeting, the Commission voted 4-1 to recommend approval of this zoning case. Staff also recommends approval.

  4. Hold a Public Hearing to consider and act upon a change in zoning from Agricultural (A) to Planned Development (PD- SF-10/19), being a certain 68.11 acre tract of land situated in the Guadalupe De Los Santos Survey. Abstract No. 1384, and being parts of Lots No. 1 and 2 of the partition of the estate of Josiah Stone among his children, and being part of a 154.31 acre tract and a 1.01 acre tract conveyed to B.B. Owen and H.A. Walker by deed dated July 30, 1960, and filed for record August 5, 1960, in the Deed Records of Dallas County, Texas. (Zoning Case No. 2001-17)

EXECUTIVE SUMMARY

Applicant is requesting initial zoning of the subject property from Agricultural (A) District to Planned Development (PD) for Single-Family (SF-10/19) residences and open space. This property was annexed into the City of Wylie by Council action on January 8, 2002. Property totals 68.11 and proposal is to develop approximately 155 single-family residential lots and approximately 9.4 acres of public open space, reflecting a density of 2.27 dwelling units per acre. The Conditions of Development require that the requirements of the SF-10/19 District be followed with limited exceptions.

Public Comment Forms were mailed to four (4) property owners within 200 feet of this request. One AGAINST. However, additional neighboring property owners, most of whom are located within unincorporated Dallas County, have expressed opposition to the proposal. Because written opposition has been expressed by twenty percent of the property owners within the 200 foot notification area, a three-fourths majority vote by Council is required for approval (Section 9.6.E.5.). At the January 15, 2002 Planning and Zoning meeting, the Commission voted 5-0 to recommend denial of this zoning case, because it does not comply with the Comprehensive Plan. Because the Commission has recommended denial, a three-fourths majority vote by the Council shall be required for approval (Section 9.6.E.2.). Please refer to your agenda communication for specific details on the proposed request.

READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER, ARTICLE III, SECTION 13-D.

EXECUTIVE SESSION

In accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (Open Meeting Law), SS 551.074 Personnel Matters; to deliberate the evaluation of the City Manager; and Section 551.071 consultation with Attorney regarding pending or contemplated litigation, Lanny Payne vs. City of Wylie.

RECONVENE INTO OPEN MEETING

Take any action as a result of Executive Session.

ADJOURNMENT.

  

 Action Taken

In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, the sections of the act authorizing the closed session will be identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session.

I certify that this Notice of Meeting was posted on this 11th day of January, 2002 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us
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City Secretary

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Date Notice Removed

The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary’s office at 972/442-8100 or TD 972/442-8170.

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