Min - City Council - 1986 - 09/04 - RegularALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 4, 1986
Present
Donald P. Rodenbaugh, Mayor
Council Members•
Joe Farmer, Mayor Pro Tem
Jerry Wilson
Rex Womack
Jim Wolfe
Jim Pendleton
Jack Pennington
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
At 6:30 p.m. on Thursday, September 4, 1986, the Allen
City Council convened to hold a reception for candidates for
the upcoming appointments to the city's boards. City Staff
provided presentations on the Parks and Recreation Board and
the Board of Adjustment/Sign Control Board. Members of the
Council -appointed Interview Committee scheduled interviews
with candidates for the upcoming appointments to the Parks
and Recreation Board and the Board of Adjustment/Sign Control
Board.
The regular session of the Allen City Council was called
to order by Mayor Rodenbaugh at 7:45 p.m. on Thursday,
September 4, 1986, in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item II)
MOTION: Upon a motion made by Councilman Pennington and
seconded by Mayor Pro Tem Farmer, the Council
voted 7 - 0 to approve and adopt all items on the
Consent Agenda as recommended and as follows:
A. Approval of City Council Minutes of August 21,
1986 - Regular Session
B. Authorization to city staffto pay bills associated
with the 1979 Capital Improvements Program as
follows:
There were no invoices to be paid at this time.
C. Authorization to city staffto pay bills associated
with the 1985 Capital Improvements Program as
follows:
1. Earl Luna, Attorney $ 6,108.35
Services Contracted for
Condemnation Proceedings
Against Hassie Hunt Exploration
Company for site of Second
Water Delivery Point (Stacy
Road Pump Station)
Period: June 1 - July 31, 1986
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 2
CONSENT AGENDA (continued) (Agenda Item II)
Black & Veatch Engineers $ 2,216.67
Engineering Services in
Connection with Preliminary
Engineering, Preparation of
Drawings and Specifications
and Contract Administration
for Water Distribution Improve-
ments, including a Ground
Storage Tank, Pumping Station,
and Distribution Mains -
Stacy Road Pump Station
Period: Month of July, 1986
3. Dallas Landscape Systems, Inc. $ 19,188.85
Contract for Landscape
Installation on Main Street -
Phase I - Application No. 1
Period: August 7 - 25, 1986
4. Boney Construction Company $ 22,126.77
Construction of Parking
Lot and Roads at Ford Park
Swimming Pool - Estimate
No. 3 & Final Payment
Period: August 25, 1986
5. Hannah Construction Co., Inc. $ 32,057.00
Construction of Ford Park
Swimming Pool and Ball Fields
Application No. 11
Period: 7/20 - 8/26/86
6. Midwest Bank Note Company $ 1,883.00
Engraving of Bonds for City
of Allen Water and Sewer
System Revenue Bonds, Series
1986 and General Obligation
Bonds, Series 1986
7. Standard & Poors Corporation $ 5,000.00
Analytical Services Rendered
in Connection With: $2,030,000
City of Allen Waterworks and
Sewer System Revenue Bonds,
Series 1986, dated August 1,
1986
8. Standard & Poors Corporation $ 51000.00
Analytical Services Rendered
in Connection With: $7,000,000
City of Allen General Obligation
Bonds, Series 1986, dated
August 1, 1986-
D. Ordinance No. 725-9-86: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of
Allen, Texas, Approximately 9.7120 Acres Located
in the Witsaul-Fisher Survey, Abstract No. 323,
Collin County, Texas, and Extending the Boundary
Limits of the City so as to Include Said Herein-
after -Described Property Within the City Limits
and Granting to all Inhabitants and Owners of Said
Property All of the Rights and Privileges of
Other Citizens and Binding All Inhabitants By
All the Ordinances, Acts, Resolutions and
Regulations of Said City; Providing a Severability
Clause; and Providing for the Effective Date of
Said Ordinance.
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 3
CONSENT AGENDA (continued) (Agenda Item II)
Set October 2, 1986 as a Public Hearing Date on
a request for Permanent Zoning of 144.012 Acres
of Land to "SC" Shopping Center, "MF -2" Multi-
family, "GH" Garden Home, "R-4" Single Family
Residential, and "CF" Community Facilities
Located at the Southeastern Corner of State
Highway 5 and Stacy Road as Requested by Hunt
Properties.
The motion carried.
End of the Consent Agenda
Mayor Rodenbaugh advised that the next two items were
tabled items and the floor was open for a motion to remove
those items from the table.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Pendleton, the Council
voted 7 - 0 to remove Agenda Items III -A and
III -B for consideration in the order of their
appearance. The motion carried.
Tabled Item: Request for Permanent
Zoning of Residential,
Shopping Center, and
Community Facilities,
on 376.462 Acres of
Land, Presently Zoned
Agricultural - Open Space
Location: South of Stacy Road,
North of Exchange Parkway
and Adjacent to the
Proposed Extension of
Allen Heights Drive
Reguestor: Dabney/Bowen (Agenda Item III -A)
and
Ordinance No. 726-9-86: An Ordinance
of the City of Allen, Collin County,
Texas, Amending the Comprehensive
Zoning Ordinance No. 366-10-81 of the
City of Allen, As Heretofore Amended,
so as to Change the Following -Described
Tract of Land from "AO" Agricultural
Open Space to Establish Permanent Zoning
on 376.462 Acres of Land, More or Less,
in the Following -Described Tracts of
Land, To -Wit: "R-4" Single -Family
Residential on 102.3 Acres of Land,
"R-5" Single -Family Residential on 244.8
Acres of land, "SC" Shopping Center
on 9 Acres of Land, and "CF" Community
Facilities on 20.4 Acres of Land Out
of the James T. Roberts Survey, Abstract
No. 777, Collin County, Texas, Located
South of Stacy Road, North of Exchange
Parkway, West of Malone Road, and
Adjacent to the Proposed Extension of
Allen Heights Drive; Providing for
Attachment of Development Criteria;
Providing for a Penalty of Fine Not
to Exceed the Sum of One Thousand
Dollars ($1,000.00) for Each Offense;
Providing for an Effective Date; and
Providing for the Publication of the
-
Caption.
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 4
Tabled Item: Request for Permanent
Zoning of Residential,
Shopping Center, and
Community Facilities
on 376.462 Acres of
Land
Requestor: Dabney/Bowen (cont'd) (Agenda Item III -A)
cw and
Ordinance No. 726-9-86 (cont'd)
and
Resolution No. 727-9-86(R): A
Resolution of the City Council
of the City of Allen, Collin County,
Texas, Adopting Certain Voluntary
Deed Restrictions on Approximately
376.462 Acres of Land Located South
of Stacy Road, North of Exchange
Parkway, West of Malone Road, and
Adjacent to the Proposed Extension
of Allen Heights Drive, and Pro-
viding the City of Allen the Authority
to withhold Certificates of Occupancy
Necessary for the Lawful Use of the
Property Until Such Restrictions are
Fully Complied With.
Mayor Rodenbaugh read the request into the record as follows:
"Consider a Request for Permanent Zoning of Residential,
Shopping Center, and Community Facilities, on 376.462
Acres of Land Located South of Stacy Road, North of
Exchange Parkway and Adjacent to the Proposed Extension
of Allen Heights Drive as Requested by Dabney/Bowen."
Dan Sefko, urban planner with J. T. Dunkin & Associates
and representing the property owner, spoke before the Council
on the proposed zoning request as presented at a previous
Council meeting held on August 7, 1986. Mr. Sefko also advised
that a statement of developer intent had been prepared to go
with the request, as well as a letter stating Dabney/Bowen's
intent to participate in future road improvements of the inter-
sections of State Highway 5 and Stacy Road and State Highway 5
and Exchange Parkway.
Mr. Sefko distributed copies of the letter of developer
intent and the intersection improvements participation to the
Council and briefly reviewed them with the Council. Mr. Sefko
also advised the Council that both of the school districts,
Allen and McKinney, had been contacted as to the need for a
school site in this development. He indicated that the school
districts were not sure at this time if there would be a school
site needed at this location. However, Mr. Sefko advised that
Dabney/Bowen provided in their letter of intent that they would
provide a school site adjacent to the park site if needed in
the future.
Using the land use map, Mr. Sefko reviewed the proposed
densities and the location of those densities within the "R-5"
and "R-4" zoning districts.
The Council discussed with Mr. Sefko the meaning of the
word "intented" as used in the statement of developer intent
and posed the request to the developer to change the word
"intented" to "development criteria" in order to give more
strength to the letter and to show that it will be the statement
of position on the part of the developer.
9SS
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 5
Tabled Item: Request for Permanent
Zoning of Residential,
Shopping Center, and
Community Facilities
on 376.462 Acres of
Land
Requester: Dabney/Bowen (cont'd) (Agenda Item III -A)
and
kw Ordinance No. 726-9-86 (cont'd)
and
Resolution No. 727-9-86(R) (cont'd)
Bryan Huckabee, with Dabney/Bowen, spoke before the Council
on the statement of developer intent and the use of the wording
change to "development criteria".
The Council further discussed the statement of developer
intent and the need for inclusion in that statement a clarification
that stated that in the "R-5" district the smaller lots would be
located adjacent to Exchange Parkway and a transition would
occur with the larger homes towards Allen Heights Drive.
At this time, Mayor Rodenbaugh advised the Council that
several individuals had requested to speak before the Council
on this item and he would allow their representative to speak.
Mayor Rodenbaugh pointed out that the public hearing had been
closed and the statements should be brief.
Jim Segars, resident in Fairmeadows Estates, located east
of Malone and south of Stacy Road, spoke before the Council
in opposition to this zoning request and provided comments to
the Council on the placement of the zoning change sign placed
on the property by the owner.
The Council discussed with city staff the proposed street
improvements and pavement widths of Allen Heights, Exchange
Parkway and Malone Road.
The Council also discussed with city staff the placement
of the zoning sign. Jim Segars and Ray Anderson, residents
in the Fairmeadows Estates, provided comments on the placement
of the sign.
The Planning and Zoning Commission, at their meeting held
on July 10, 1986, recommended to the City Council approval of
the Dabney -Bowen submission with modifications that the shopping
center area not be more than 9 acres gross in Tract 3, with the
balance from the original 12 acres submitted becoming R-5, and
with the recognition of the deed restrictions and acknowledgement
that a legal instrument will be filed as a running covenant with
the land dedicating the park.
MOTION: Upon a motion made by Councilman Pennington and seconded
by Mayor Pro Tem Farmer, the Council voted five (5)
in favor and two (2) opposed, with Council Members Wolfe
and Womack casting the negative votes, to approve the
agenda item on the Dabney/Bowen submission, with the
inclusion of the development criteria (statement of
developer intent and letter of road improvements
participation) and in accordance with the recommendation
of the Planning and Zoning Commission, as stated; and
to adopt Ordinance No. 726-9-86, as captioned previously;
and to adopt Resolution No. 727-9-86(R), as captioned
previously. The motion carried.
asp
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 6
Tabled Item: Request for Permanent
Zoning on 423.38 Acres
of Land to "FP -PD",
Including Shopping Center,
Office, Multi -Family and
Residential, from "A -O"
Location: South of S.H. 121 and
West of U.S. 75
Requestor: Denny Holman of Folsom
Investments/David Whisenant (Agenda Item III -B)
and
Ordinance No. 728-9-86: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81, as Previously
Amended, so as to Change the Following -
Described Tract of Land from "AO"
(Agricultural Open Space) Classification
to Establish Permanent Zoning of "PD"
(Planned Development) No. 38, Said Tract
of Land Being Described as Follows:
Approximately 423.38 Acres of Land Lying
in the Mary Standifer Survey, Abstract
No. 812, Catherine Parsons Survey,
Abstract No. 711, Henry Brandenburg
Survey, Abstract No. 110, and the J. W.
Parsons Survey, Abstract No. 705, Collin
County, Texas; Providing for Area and Use
Regulations; Providing for a Land Use
Plan; Providing for Attachment of Develop-
ment Criteria; Providing for a Penalty of
Fine Not to Exceed the Sum of One
Thousand Dollars ($1,000.00) for Each
Offense; Providing for a Severability
Clause; and Providing for the Effective
Date of Said Ordinance.
Mayor Rodenbaugh read the request into the record as follows:
"Consider a Request for Permanent Zoning on 423.38 Acres
to "FP -PD" (Flood Plain - Planned Development) Including
Shopping Center, Office, Multi -Family and Residential
Located South of State Highway 121 and West of U.S. 75
as Requested by Denny Holman of Folsom Investments and
David Whisenant and Consider an Ordinance Establishing
Permanent Zoning."
J. T. Dunkin, urban planner with J. T. Dunkin & Associates
and representing the property owners, presented to and spoke
before the Council on this request for permanent zoning.
Mr. Dunkin distributed to the Council their statement of
development criteria, and using their land use plan reviewed
that letter with the Council.
Jack Hatchell, Traffic Engineer with Barton-Aschman,
spoke before the Council on the traffic Analysis of this
proposed development and the level of service that the
thoroughfares will be able to handle.
The Council discussed with Mr. Dunkin why the low
densities in the residential units had been put together
with the medium density units, and how theneighborhood
areas shown on page 2 of the statement of intent related
to the tracts numbered on the land use plan.
After considerable discussion on the need to indicate
the zoning tract numbers on the letter of intent, Mayor
Rodenbaugh recessed the regular session of the Allen City
Council at 8:52 p.m. The meeting reconvened at 9:09 p.m.
as1
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 7
Tabled Item: Request for Permanent
Zoning on 423.38 Acres
of Land to "FP -PD",
Including Shopping
Center, Office, Multi -
Family and Residential
Requestor: Denny Holman of Folsom
Investments/David Whisenant (Agenda Item III -B)
and
Ordinance No. 728-9-86 (cont'd)
During the recess, J. T. Dunkin had revised page 2 of
the letter of intent to reflect the various zoning tracts
in this proposed development.
There was fur
plain area and the
Park Study and how
include wordage in
smaller lots would
transition to larg
reduce the size of
Cher discussion by the Council on the flood -
upcoming adoption of the Greenbelt/Linear
it might effect this property, the need to
the development criteria stating that the
be located adjacent to the streets, with
=_r lots near the creek areas, and the need tc
the shopping center areas.
There was considerable discussion by the Council to
change Tract 2 of the land use plan to multi -family and
reduce the single-family density in Tract 1, changing
Tract 2 to office rather than multi -family, making sure
that all of the office buildings were no taller than two -
stories on Tracts 4, 6 and 9, and how the leave -out piece
of property at the northeast corner of Alma Road and Rowlett
Road will be effected by this zoning request as to what it
will be zoned.
The Council briefly reviewed the Planning and Zoning
Commission's recommendation which was to approve the request
with the following stipulations:
1. Intersection turn lanes be included as proposed.
2. Office Tracts 4 and 9 be restricted to 2 stories
maximum and 1 story within 150 feet of a
residential district.
It was clarified by the Council with the developer that
the office zoning district in Tract 6 would also adhere to
the height requirements as recommended by the Planning and
Zoning Commission.
MOTION: A motion was made by Mayor Pro Tem Farmer and
seconded by Councilman Pennington to approve
the request as presented in accordance with the
recommendations of the Planning and Zoning Commission,
as stated; with height of office buildings in
Tract 6 to be the same as Tracts 4. and 9; with
additional clarification to be provided in the
letter of development criteria to show zoning tracts
on page 2 of that document under the portion that
shows residential uses, and with additional information
to be provided stating location of small lots being
located next to thoroughfares with transition to
larger lots near creek areas;. and to adopt Ordinance
No. 728-9-86 as captioned previously and incorporating
development criteria as amended.
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 8
Public Hearing: Request to Zone
Two Separate Tracts
of Land to "R-5"
(Residential) on
8.8 Acres of Land
Location: East of State Highway
5 and South of Stacy
Road - Buckingham
Polo Estates
Requestors: William T. Dyer &
Richard Duke (Agenda Item IV -A)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Zone Two Separate
Tracts of Land to "R-5" (Residential) on 8.8 Acres of
Land Located East of State Highway 5 and South of Stacy.
Road on Land Known as Buckingham Estates as Requested
by William T. Dyer and Richard Duke and Consider an
Ordinance Establishing "R-5" Zoning."
William T. Dyer, property owner and representing Richard
Duke, presented to and spoke before the Council on this request
for permanent zoning on 8.8 acres of land. Mr. Dyer distributed
to the Council a land use map of the property, along with a
narrative description of the property and the proposal. Mr. Dyer
pointed out the location of the property, using a large land
use map, and the adjacent zoned properties.
Mayor Rodenbuagh opened the public hearing. With no one
wishing to speak either for or against this request for permanent
zoning, Mayor Rodenbaugh closed the public hearing.
Tabled Item: Request for Permanent
Zoning on 423.38 Acres
of Land to "FP -PD",
Including Shopping
Center, Office, Multi -
Family and Residential
Requester: Denny Holman of Folsom
Investments/David Whisenant (Agenda Item III -B)
and
Ordinance No. 728-9-86 (cont'd)
AMENDMENT TO
MAIN MOTION: A motion was made by Councilman Womack and
seconded by Mayor Pro Tem Farmer to amend
the main motion to state that in all single-
family zoned districts there shall be at
least 108 of the developed lots with a minimum
of 12,000 square feet. The Council voted five
(5) in favor of the motion and two (2) opposed,
with Council Members Wilson and Pendleton
casting the negative votes. The motion carried.
VOTE ON THE
MAIN MOTION: The Council voted six (6) in favor of the
main motion and one (1) opposed, with Councilman
Wolfe casting the negative vote. The motion
carried.
Mayor Rodenbuagh recessed the regular session of the Allen
City Council at 10:20 p.m. The meeting reconvened at 10:28 p.m.
At this time, Mayor Pro Tem Farmer explained to the Council
and the audience the procedure to be taken on the public
hearings for the next five zoning requests. Mayor Pro Tem
Farmer advised that the public hearings on the requests would
all be held and then each individual item would be considered
by the Council as time will permit. Those items that are not
considered at this meeting will be brought before the Council
at the next Council meeting.
Public Hearing: Request to Zone
Two Separate Tracts
of Land to "R-5"
(Residential) on
8.8 Acres of Land
Location: East of State Highway
5 and South of Stacy
Road - Buckingham
Polo Estates
Requestors: William T. Dyer &
Richard Duke (Agenda Item IV -A)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Zone Two Separate
Tracts of Land to "R-5" (Residential) on 8.8 Acres of
Land Located East of State Highway 5 and South of Stacy.
Road on Land Known as Buckingham Estates as Requested
by William T. Dyer and Richard Duke and Consider an
Ordinance Establishing "R-5" Zoning."
William T. Dyer, property owner and representing Richard
Duke, presented to and spoke before the Council on this request
for permanent zoning on 8.8 acres of land. Mr. Dyer distributed
to the Council a land use map of the property, along with a
narrative description of the property and the proposal. Mr. Dyer
pointed out the location of the property, using a large land
use map, and the adjacent zoned properties.
Mayor Rodenbuagh opened the public hearing. With no one
wishing to speak either for or against this request for permanent
zoning, Mayor Rodenbaugh closed the public hearing.
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 9
At this time, Mayor Rodenbaugh moved to the next agenda
item.
Public Hearing: Request to Amend
PD -SC No. 5 with Site
Plan Approval for a
Day Care Center on
.625 Acres of Land
Location: North of F.M. 2170 and
West of Fountain Gate
Drive
Requestor: La Petite Academy (Agenda Item IV -B)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing on a Request to Amend "PD -SC No. 5"
(Planned Development - Shopping Center No. 5) with
Site Plan Approval for a Day Care Center of .625 Acres
of Land Located North of F.M. 2170 and West of Fountain
Gate Drive as Requested by La Petite Academy and Consider
and Ordinance Amending PD -SC No. 5."
Robert Stengele, with Carter & Burgess, Inc., and repre-
senting La Petite Academy, presented to and spoke before the
Council on the request for site plan approval for a day care
center for La Petite Academy.
Using a site plan of the property, Mr. Stengele reviewed
the location of the building on the property, the parking
lot areas, ingress/egress to the site, landscaping, and utility
easements.
Mayor Rodenbaugh opened the public hearing. With no one
wishing to speak either for or against this request for site
plan approval, Mayor Rodenbaugh closed the public hearing.
At this time, Mayor Rodenbaugh moved to the next agenda
item.
Public Hearing: Request for Permanent
Zoning of "PD" (Planned
Development) Including
Corridor Commercial Uses
of Office, Retail,
Industrial Technology
and Light Industrial on
47.2 Acres of Land
Location: West of U.S. 75 and
South of S.H. 121
Requestor: Charlie Bush (Agenda Item IV -C)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request for Permanent Zoning
of "PD" (Planned Development) Including Corridor Com-
mercial Uses of Office, Retail, Industrial Technology
and Light Industrial on 47.2 Acres of Land Located
West of U.S. 75 and South of S. H. 121 as Requested by
LW Charlie Bush and Consider an Ordinance Establishing
Permanent Zoning of Planned Development."
J. T. Dunkin, urban planner with J. T. Dunkin & Associates,
presented to and spoke before the Council on this permanent
zoning request on behalf of Charlie Bush, property owner.
Using a land use map, Mr. Dunkin reviewed the various zoning
districts showing office, retail, industrial technology and
light industrial.
pffm
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Public Hearing: Request for Permanent
Page 10
Zoning of "PD" (Planned
"Public Hearing to Consider a Request for Permanent Zoning
of "FP -PD" (Flood Plain - Planned Development) to
Development) Including
Include Single Family, Local Retail, Community Facilities,
Corridor Commercial Uses
and Multi -Family Tracts on 125.3 Acres of Land Located
of Office, Retail,
South of Ridgeview Drive and West of Rowlett Creek as
Industrial Technology
Requested by 258 Acres Joint Venture and Consider an
and Light Industrial on
Ordinance Establishing Permanent Zoning of "FP -PD".
47.2 Acres of Land
Greg Boyd, with Jones & Boyd, Inc., Consulting Engineers and
Requestor: Charlie Bush (cont'd) (Agenda
Item IV -C)
Mayor Rodenbaugh opened the public hearing. With
no one
wishing to speak either for or against this request for
permanent
zoning, Mayor Rodenbaugh closed the public hearing.
community facilities and multi -family tracts.
At this time, Mayor Rodenbaugh moved to the next
agenda
item.
the property and described the location of the various land
Public Hearing: Request for Permanent
use zoning districts.
Zoning of "FP -PD" (Flood
Mayor Rodenbaugh opened the public hearing. With no one
Plain - Planned Development)
wishing to speak either for or against this request for permanent
to Include Single Family,
zoning, Mayor Rodenbaugh closed the public hearing.
Local Retail, Community
At this time, Mayor Rodenbaugh moved to the next agenda
Facilities, and Multi -
item.
Family Tracts on 125.3
Public Hearing: Request for Permanent
Acres of Land
Zoning of Planned
Location: South of Ridgeview Drive
Development to Include
and West of Rowlett Creek
Commercial, Office and
Requestor: 258 Acres Joint Venture (Agenda
Item IV -D)
Mayor Rodenbaugh read the request into the record as follows:
kw
"Public Hearing to Consider a Request for Permanent Zoning
of "FP -PD" (Flood Plain - Planned Development) to
Include Single Family, Local Retail, Community Facilities,
and Multi -Family Tracts on 125.3 Acres of Land Located
South of Ridgeview Drive and West of Rowlett Creek as
Requested by 258 Acres Joint Venture and Consider an
Ordinance Establishing Permanent Zoning of "FP -PD".
Greg Boyd, with Jones & Boyd, Inc., Consulting Engineers and
representing the property owners, presented to and spoke before
the Council on the requested zoning of Planned Development which
included uses for single-family residential, local retail,
community facilities and multi -family tracts.
Using a land use plan, Mr. Boyd reviewed the location of
the property and described the location of the various land
use zoning districts.
Mayor Rodenbaugh opened the public hearing. With no one
wishing to speak either for or against this request for permanent
zoning, Mayor Rodenbaugh closed the public hearing.
At this time, Mayor Rodenbaugh moved to the next agenda
item.
`
Public Hearing: Request for Permanent
Zoning of Planned
Development to Include
Commercial, Office and
Hotel Districts on
148.19 Acres of Land
Location: South of State Highway 121
and North of Ridgeview Road
and East and West of
Stacy Road
Requestor: Wines/Shaddock/Cook (Agenda Item IV -E)
City Secretary Marty Hendrix advised the Council that the
appropriate zoning change sign had not be posted on this property
prior to the public hearing as is required by the city's Zoning
Ordinance.
But
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 11
Public Hearing: Request for Permanent
Zoning of Planned
Development to Include
Commercial, Office and
Hotel Districts on
148.19 Acres of Land
Requestor: Wines/Shaddock/Cook (cont'd) (Agenda Item IV -E)
The party representing the property owner had been notified
of the lack of the sign and had requested the next appropriate
Council meeting for consideration of their request. Ms. Hendrix
advised the Council that another public notice would have to
be published in the newspaper, therefore, the earliest possible
date for the hearing would be October 2, 1986.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 7 - 0 to
postpone the public hearing until Thursday, October 2,
1986. The motion carried.
Mayor Rodenbaugh moved back to Agenda Item IV -A.
Consider a Request to Zone Two
Separate Tracts of Land to "R-5"
(Residential) on 8.8 Acres of
Land Located East of State Highway
5 and South of Stacy Road on Land
Known as Buckingham Estates as
Requested by William T. Dyer and
Richard Duke (Agenda Item IV -A)
and
Ordinance No. 729-8-86: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81 as Previously
Amended, so as to Change the Following -
Described Tracts of Land from "AO"
(Agricultural - Open Space) Classification
to Permanent Zoning of "R-5" (Residential),
Said Tracts of Land Being Described as
Follows: Approximately 8.8 Acres of Land
Lying in the J. T. Roberts Survey, Abstract
No. 777, and the Henry Wetsel Survey,
Abstract No. 1026, Collin County, Texas;
Providing for a Penalty of Fine Not to
Exceed the Sum of One Thousand Dollars
($1,000.00) for Each Offense; Providing
for a Severability Clause; and Providing
for The Effective Date of Said Ordinance.
The Council discussed this unusual zoning request since
the parcels of land were very small and why the entire tract
of land known as the Buckingham Polo Estates had not been
zoned at one time.
Bill Petty, Director of Community Development, spoke
before the Council on this zoning request and how it had
evolved.
There was further discussion by the Council on directing
the Planning and Zoning Commission to look at the entire
tract of land and make a recommendation to the Council on how
it should be zoned and follow through with that procedure.
There was also discussion on the development of the secondary
thoroughfare plan for the city, how that plan would effect
the subject area, and when that plan would be completed.
F�
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 12
Consider a Request to Zone Two
Separate Tracts of Land to
"R-5" on 8.8 Acres
Requestors: William T. Dyer and
Richard Duke and
Ordinance No. 729-9-86 (cont'd) (Agenda Item IV -A)
L The Planning and Zoning Commission, at their meeting held
(v on July 24, 1986, recommended to the City Council approval of
the request as presented.
MOTION: Upon a motion made by Councilman Wilson and seconded
by Mayor Pro Tem Farmer, the Council voted six (6)
for and one (1) opposed, with Council Member Pendleton
casting the negative vote, to approve the request for
permanent zoning of "R-5" (Residential) in accordance
with the recommendation of the Planning and Zoning
Commission, as stated; and to adopt Ordinance No.
729-9-86, as captioned previously. The motion carried.
There was further discussion on the need to consider
placement of zoning on the entire tract of land at Buckingham
rather than zoning it piece by piece.
MOTION: Upon a motion made by Councilman Pennington and seconded
by Councilman Pendleton, the Council voted six (6) for
and one (1) opposed, with Councilman Womack casting the
negative vote, to direct the Planning and Zoning Com-
mission to consider zoning on the entire tract of land
known as the Buckingham Polo Estates at such time as
information is available on the secondary thoroughfare
plan. The motion carried.
Request to Amend
"PD -SC No. 5" with Site
Plan Approval for a Day
Care Center of .625 Acres
of Land Located North of
F.M. 2170 and West of
Fountain Gate Drive as
Requested by La Petite
(Agenda Item IV -B)
and
Ordinance No. 730-9-86: An
Ordinance of the City of Allen,
Collin County, Texas, Amending
Planned Development Zoning Ordinance
No. 370-10-81 to Include the
Attachment of Exhibit "J",
Approved Site Plan, for Development
of a Day Care Center on a .625 Acre
Tract Out of the Peter Wetsel
Survey, Abstract No. 990, Collin
County, Texas, Presently Delineated
on the Official Zoning Map as a
Portion of PD -SC No. 5; Providing
for a Penalty; Providing for an
Effective Date; and Providing for
Publication of the Caption.
Bill Petty, Director of Community Development, spoke before
the Council on the recommendation of the Planning and Zoning
Commission. The Planning and Zoning Commission, at their regular
meeting held on July 24, 1986, recommended to the City Council
approval of the site plan as presented, clarifying the wording
on the site plan, "Site plan shall conform to City of Allen
standards upon completion of final construction drawings," as
meaning that the building will be sprinklered for fire protection
as agreed upon by the proponents.
ab3
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986 Page 13
Request to Amend
"PD -SC No. 5" with Site
Plan Approval for a Day
Care Center of .625 Acres
of Land Located North of
F.M. 2170 and West of
Fountain Gate Drive as
Requested by La Petite
Academy and (Agenda Item IV -B)
Ordinance No. 730-9-86 (cont'd)
MOTION: Upon a motion made by Councilman Wilson and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
approve the request for site plan approval for a
day care center in accordance with the recommendation
of the Planning and Zoning Commission, as stated; and
to adopt Ordinance No. 730-9-86, as captioned previously.
The motion carried.
Request for Permanent
Zoning of Planned Development
Including Corridor Commercial
Uses of Office, Retail,
Industrial Technology and
Light Industrial on 47.2 Acres
of Land Located West of U.S.75
and South of S.H. 121 as
Requested by Charlie Bush
and
Ordinance No. 731-9-86: An
Ordinance of the City of Allen,
Collin County, Texas, Amending
Comprehensive Zoning Ordinance
No. 366-10-81 as Previously
Amended, so as to Change the
Following -Described Tract of
Land from "AO" (Agricultural -
Open Space) Classification to
Permanent Zoning of Planned
Development No. 39, Said Tract
of Land Being Described as
Follows: Approximately 47.2
Acres of Land Lying in the
Francis Dosser Survey, Abstract
No. 280, and the George Phillips
Survey, Abstract No. 719,
Collin County, Texas; Providing
for Use Regulations; Providing
for a Land Use Plan; Providing
for a Penalty of Fine Not to
Exceed the Sum of One Thousand
Dollars ($1,000.00) for Each
Offense; Providing for a
Severability Clause; and Providing
for the Effective Date of Said
Ordinance.
F
(Agenda Item IV -C)
There was discussion on this request regarding the traffic
volume to be generated and a letter received from the North
Central Council of Governments regarding the traffic analysis.
John Friebele, P.E., with Jones-Friebele Consulting Engineers,
spoke before the Council on the traffic analysis and the letter
from the North Central Texas Council of Governments.
The Planning and Zoning Commission, at their regular
meeting held on July 24, 1986, recommended to the City
Council approval of the zoning request as presented.
Fol"'M
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 14
Request for Permanent
Zoning of Planned Development
Including Corridor Commercial
Uses of Office, Retail,
Industrial Technology and
Light Industrial on 47.2 Acres
of Land Located West of U.S. 75
and South of S.H. 121 as
(WIOrdinance
by Charlie Bush and
Ordinance No. 731-9-86 (cont'd) (Agenda Item IV -C)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
approve the request for permanent zoning of Planned
Development in accordance with the recommendation
of the Planning and Zoning Commission, as stated; and
to adopt Ordinance No. 731-9-86, as captioned previously.
The motion carried.
Request for Permanent Zoning
of "FP -PD" (Flood Plain -
Planned Development) to Include
Single Family, Local Retail,
Community Facilities, and Multi -
Family Tracts on 125.3 Acres of
Land Located South of Ridgeview
Drive and West of Rowlett Creek
as Requested by 258 Acres Joint
(Agenda Item IV -D)
and
Ordinance No. 732-9-86: An
Ordinance of the City of Allen,
�- Collin County, Texas, Amending
Comprehensive Zoning Ordinance
No. 366-10-81 as Previously
Amended, so as to Change the
Following -Described Tract of
Land from "AO" (Agricultural -
Open Space) Classification to
Permanent Zoning of "FP -PD"
(Flood Plain - Planned Development)
No. 41, Said Tract of Land
Being Described as Follows:
Approximately 125.3 Acres of
Land Lying in the Shadrick
Jackson Survey, Abstract No.
489, Collin County, Texas;
Providing for Use Regulations;
Providing for a Land Use Plan;
Providing for a Penalty of Fine
Not to Exceed the Sum of One
Thousand Dollars ($1,000.00) for
Each Offense; Providing for a
Severability Clause; and Pro-
viding for the Effective Date
of Said Ordinance.
The Council discussed with city staff a portion of the
analysis done on this proposed zoning request as it relates
to the multi -family called for in the Comprehensive Plan
for this area.
A6
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 15
Request for Permanent Zoning
of "FP -PD" (Flood Plain -
Planned Development) to Include
Single Family, Local Retail,
Community Facilities, and Multi -
Family Tracts on 125.3 Acres of
Land Located South of Ridgeview
Drive and West of Rowlett Creek
as Requested by 258 Acres Joint
Venture (Agenda Item IV -D)
and
Ordinance No. 732-9-86 (cont'd)
The Council discussed with Greg Boyd, representing the
property owner, the.. land use regulations regarding the densities
on the various tracts and the fact that clarification was needed
on the wording for Tract 3 to state that the area and height
regulations shown were for the medium density dwelling units.
There was also discussion on the alignment of Ridgeview Drive
as it relates to this property and if the city wanted the
10 acres for community facilities.
The Planning and Zoning Commission, at their regular
meeting held on July 24, 1986, recommended to the City
Council approval of the request with the stipulation that
Tract 7 (the wooded lots) will be dedicated to the city.
That Tract 4 (originally 60 units of MDR) would be removed,
and it would become one single tract with 10% of the 343
allowed lots to be medium density (34 units), and they
shall be located in Tract 3 generally around Ridgeview.
The proponent will also escrow funds for the right turn
lanes prior to development. The medium density lots
will be 4500 square feet, with minimum unit sizes of 1200
square feet. The north/south road will be a secondary
thoroughfare north and south of Ridgeview from State Highway
121 to Rowlett.
MOTION: Upon a motion made by Councilman Pennington and
seconded by Councilman Wilson, the Council voted
six (6) for and one (1)opposed, with Councilman
Wolfe casting the negative vote, to approve the
request in accordance with the recommendation of
the Planning and Zoning Commission, as stated;
and to adopt Ordinance No. 732-9-86, as captioned
previously. The motion carried.
At this time, Jack Hatchell spoke before the Council
on the upcoming reception for Mr. Bass, a new member of
the State Highway Department, and encouraged the Council
Members to attend.
Appointments to Boards (Agenda Item V-A)
City Secretary Marty Hendrix advised the Council that
the reception for the appointments to the city's boards had
been held prior to the Council meeting and that only three
of the candidates had been there. Ms. Hendrix advised that
other candidates would be contacted regarding the interviewing
process which would be held on Tuesday, September 9, 1986
by Council Members Womack and Pennington.
Ms. Hendrix also reminded the City Council that appointments
were also to be made during the month of September for the
positions of City Health Officer and Municipal Court Judge.
This item was received as a matter of information. There
was no action taken on this item.
zw
ALLEN CITY COUNCIL
SEPTEMBER 4, 1986
Page 16
Health and Environment Ordinance (Agenda Item V -B)
Bill Petty, Director of Community Development, spoke
before the Council on the preparation of the city's proposed
health and environment ordinance and the work of the
city's Environmental Health Inspector, Joseph Del Ferro.
Mr. Petty advised the Council that since this ordinance
is so lengthy, the consideration of the adoption of the
ordinance would be delayed until the Council meeting to be
held on September 18th.
This item was received as a matter of information. There
was no action taken on this item.
Items of Interest to the Council (Agenda Item V -C)
Mayor Rodenbaugh spoke to the Council on compliments
he had recently received from an Allen resident regarding
the excellent work of the Fire Department. The resident
had a fire at his home recently and the Fire Department
responded accordingly.
Tom Glab, the City Engineer, spoke before the Council
on some drainage problems in the city located east of the
Southern Pacific Railroad tracks and north of the Willow
Creek Estates. Mr. Glab distributed to the Council a
letter from one of the residents in that area and a
memo he had written in response to the letter. Mr. Glab
review the actions he had taken to date on the situation
and advised the Council he would keep them updated on the
work that needed to be done to alleviate the problem.
Adjournment
MOTION: Upon a motion made by Councilman Wilson and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 11:51 p.m. on Thursday, September 4, 1986. The
motion carried.
These minutes approved on the 18th day of September
1986.
Marty Hendrix, CMC, CITY SECRETARY
10