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HomeMy WebLinkAboutMin - City Council - 1984 - 03/01 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING MARCH 1, 1984 377 acres Present: City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The public hearing was called to order by City Manager Jon McCarty at 1:00 p.m. on Thursday, March 1, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Manager Jon McCarty advised that the 377 acres of land out of the Catherine Parsons Survey, Abstract No. 711, had been requested to be annexed into the city limits by Folsom Investments Company. City Manager McCarty advised of the location of the property, being west of U. S. 75, north of F.M. 2170, and south of Rowlett Road. City Manager McCarty advised that the prepared Service Plan for the 377 acres of land was available for review. City Manager McCarty opened the public hearing. No one appeared to speak either for or against the request. City Manager McCarty closed the public hearing. The public hearing was adjourned at 1:10 p.m. These minutes reviewed and approved on this the 1st day of March , 1984. 4McV, y, CITY MANA R Y Marty Hendrix, ITY SECRETARY i; ALLEN CITY COUNCIL REGULAR SESSION March 1, 1984 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Ward Paxton Dennis Offutt Absent: Don Rodenbaugh City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Pierson at 7:30 p.m. on Thursday, March 1, 1984, 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 McClure and seconded by Councilman Womack, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of February 16, 1984 - Regular Session B. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improve- ments Program as follows: 1. Ronald E. Fix and Associates $1,644.10 Contract No. 821004 - Con- struction of Park Place Dr. - Inspection and Engineering Fees - 1/25/84 thru 2/24/84 2. Uvalde Construction Company $46,268.01 Contract No. 821004 - Con- struction of Park Place Dr. - Payment No. 10 C. Set March 15, 1984 as Public Hearing Date on a �• Request to Annex Approximately 898 Acres, Located North of F.M. 2170, East and West of Rowlett Creek and South of Rowlett Road. D. Set April 5, 1984 as the Public Hearing Date on a Request for a Specific Use Permit to Operate an Arcade Within the Allen Bowl, Located on State Highway 5, North of Ridgemont Drive. CITY COUNCIL MINUTES March 1, 1984 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) E. Confirm the resignation of Don Rodenbaugh, Place No. 4, Allen City Council The motion carried. End of Consent Agenda Public Hearing: Request to Annex 377 Acres of Land Location: West of U.S. 75, North of F.M. 2170, and South of Rowlett Road Requestor: Folsom Investments Corp. (Agenda Item III -A) Mayor Pierson read the request into the record as follows: "Consider a Request to Annex 377 Acres of Land Located West of U. S. 75, North of F. M. 2170, and South of Rowlett Road." City Manager Jon McCarty advised the Council that the 377 acres of land out of the Catherine Parsons Survey, Abstract No. 711, was being requested to be annexed into the City of Allen by Folsom Investments, Inc. The service plan had been prepared and was available for review. In accordance with State Law, the first public hearing was held by city staff at 1:00 p.m. on Thursday, March 1, 1984, in the Council Chambers of the Allen Municipal Annex. Minutes of those proceedings had been furnished to the Council for their review. City Manager McCarty briefly reviewed those minutes with the Council. Mayor Pierson onened the public hearing. No one appeared to speak either for or against this request. The public hearing was closed. Mayor Pierson advised that no action would be taken on this item at this time. The annexation ordinance would be presented for adoption to the City Council at their regular meeting to be held on Thursday, April 5, 1984. Public Hearing: Request for Zoning Change and Site Plan Approval on 13.6 Acres Zoned MF -1 to Zoning: Planned Development Location: East of Jupiter Road, North and West of Hillside Addition Requestor: Future One Development (Agenda Item III -B) Mayor Pierson read the request into the record as follows: "Consider a Zoning Request by Future One Development on 13.6 Acres Presently Zoned MF -1 (Multi -Family) to PD (Planned Development), Located East of Jupiter Road, North and West of the Hillside Addition." Joel B. Goldsteen, representing Future One Development, presented to and spoke before the Council on this request for a zoning change from Multi -Family -1 zoning to Planned Development zoning on the 13.6 acres of land out of the David Wetsel Survey, Abstract No. 977. CITY COUNCIL MINUTES March 1, 1984 Page 3 Public Hearing: Request for Zoning Change and Site Plan Approval on 13.6 Acres (cont'd) (Agenda Item III -B) Mr. Goldsteen presented the site plan of this condominium development, showing the 192 2 -story units, with a14.1 units per acre density; the extension of Roaming Road from West Way Drive to Jupiter Road, a park area within the development, a spa, fire lane easements, a 4' wood screening fence between this property and the adjacent residential area, the pool location and parking spaces. Mr. Goldsteen also presented an artist's rendering of the front elevation of the condominium buildings. The Planning and Zoning Commission, at their meeting of January 26, 1984, had recommended to the City Council approval of the zoning change request to Planned Development and the site plan for multi -family use. Mayor Pierson opened the public hearing. No one appeared to speak either for or against this request. The public hearing was closed. The Council pointed out that this request would complete the development alonq Park Place and Jupiter Road, and discussed if a home owner's association would be developed to care for the open space areas; the location of park areas within the develop- ment and if playground equipment would be placed in the park for use by children living in this development and if not, the location of the nearest public park to this property; and the construction and maintenance of the 4' wooden fence along this property adjacent to the residential area. There was considerable discussion by the Council on the 30' setback on three of the buildings from the adjacent residential area and a concern that this was too close and provided too much visibility into the residential backyards. The Council discussed with Mr. Goldsteen how to resolve the 30' setback problem by reducing the height of the buildings to one story or rearranging the layout of the buildings to move them further back from the residential area. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to table this request until the next regular Council meeting on Thursday, March 15, 1984. The motion carried. Site Plan Approval: Towne Village 5.309 Acre Tract Zoning: Townhouse (TH) Location: Adjacent to Jupiter Road, Immediately North of the Jupiter Road Park Requestor: Goodman Homes (Agenda Item IV) Mr. Bill Petty, Director of Community Development, spoke before the Council on this request for site plan approval on a 5.309 acre tract of land out of the David Wetsel Survey, Abstract No. 977, zoned TH (Townhouse), with this development being an extension of the existing Timber Creek Townhouse Addition. 77 CITY COUNCIL MINUTES March 1, 1984 Page 4 Site Plan Approval: Towne Village 5.309 Acre Tract Goodman Homes (cont'd) (Agenda Item IV) Mr. Petty reviewed with the Council the very unique circumstances concerning development on this property as follows: 1. Floodway areas run parallel along both sides of the tract on the north and south sides. 2. A dedication of right-of-way along the east border (Jupiter Road) of this property has been made to the City of Allen to accomodate the Jupiter Road Bridge and sewer requirements. 3. Because the frontage of this property does not extend more than 300' south of the Jupiter Road Bridge, no ingress or egress will be allowed on the Jupiter Road side. 4. Ingress, egress to this development will be provided only through the existing Timber Creek Addition and an extension of Cedar Elm Drive. 5. No alleys are oresently in the existing Timber Creek Addition along the rear of the townhouses backing up to the floodway. 6. A sanitary sewer easement runs across the entire property on a skew from northwest to southeast. Mr. Petty explained that due to these unique circumstances, this site plan indicated the need for two variances as follows: 1. No alleys on a portion of the platted lots. 2. The zoning requirements for offstreet parking in a townhouse development do not allow required parking spaces to be located in the required front yard, therefore, a request was submitted in the preliminary plat for a variance of 15 parking spaces to allow for those spaces in the required front yard. Dave Whitehead and Ken Browning, with Goodman Homes, presented the landscape plan for this development and explained to the Council that they felt this site plan represented the best use of this property due to the uniqueness of it. The Planning and Zoning Commission, at their meeting of February 23, 1984, approved the preliminary plat and recommended to the City Council approval of the site plan as submitted. The Council briefly discussed the number of units on this site plan. MOTION: Upon a motion made by Councilman Paxton and seconded r by Councilman Offutt, the Council voted 6 - 0 to [v, approve the site plan on the 5.309 acre tract as submitted and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. 1/j CITY COUNCIL MINUTES March 1, 1984 Page 5 Site Plan Approval: Allen Place Apartments Bethany Park Addition 1.34 Acres of Land Zoning: Multi -Family -2 (LIF -2) Location: 500 Block of Bethany Road Requestor: Huffman Development Co. (Agenda Item V) Mr. Bill Petty, Director of Community Development, spoke before the Council on this request for site plan approval on 1.34 acres of land in lot 5, Block A,Bethany Park Addition, zoned Multi -Family -2, being the final phase of development for the Bethany Park Apartments. Mr. Petty advised the Council of the location of this development in the Bethany Park Apartments, and that per the recommendations of the Planning and Zoning Commission, the developer had corrected the plan to show the parking spaces in the required size of 8' x 181. The Planning and Zoning Commission, at their meeting of February 23, 1984, recommended to the City Council that the subject site plan be approved with the following amendments: 1. All parking spaces must be 8' x 181. 2. The tie-in of the fire lane to the existing development shall not reduce the number of onsite parking spaces by more than six (6). 3. Lawn sprinklering should be considered as part of the landscaping plan for the new development. Mr. Petty explained the routing of the fire lane on this development to tie in with the existing fire lane of the older development and the elimination of ten (10) parking spaces by doing this, however, sufficient parking spaces were still available. Mr. Petty also pointed out the developer had added two (2) additional parking spaces adjacent to the apartment buildings, which City Staff recommended be eliminated. Mr. Brian Sewell and Mike Renfro, with Huffman Development Company, spoke before the Council on behalf of this request. They presented the landscape plan and advised that the sprinkler system had been placed in the landscape plan as requested by the Planning and Zoning Commission. They had also redesigned the parking spaces to meet the regulations, as requested by the Planning and Zoning Commission. They had also redesigned the fire plan easement to tie in with the one existing on the older development, however, ten (10) parking spaces had to be eliminated, but there were still sufficient areas to park. The Council discussed how fire lane easements are marked and reviewed again the number of parking spaces that would be eliminated and the number of spaces remaining. Mr. Petty advised the Council that the city staff's recommendation on this site plan was the elimination of the two parking spaces adjacent to the apartment buildings and the designation of the fire lane as shown. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to approve the site plan as presented and in accordance with the recommendation of the city staff that the two parking spaces be eliminated and the fire lane be designated as shown. The motion carried. 1/% CITY COUNCIL MINUTES March 1, 1984 Page 6 Accept Resignation of Jim Wolfe, Planning and Zoning Commission, Place No. 3, and Consider Appointing a Replacement (Agenda Item VI) Mayor Pierson advised the Council of the receipt of the resignation letter from Jim Wolfe, Planning and Zoning Commission Member, Place No. 3, who was resigning in order to declare his candidacy for Place No. 4 on the Allen City Council. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to accept Mr. Wolfe's resignation letter and extend their appreciation for his work on the Planning and Zoning Commission. The motion carried. Mayor Pierson then opened the floor for nominations to Place No. 3 on the Planning and Zoning Commission. Councilman Womack nominated Dr. Jerry Wilson. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 that the nominations cease and that Dr. Jerry Wilson be appointed by acclamation to Place No. 3 on the Planning and Zoning Commission. The motion carried. Mayor Pierson advised that Dr. Jerry Wilson was appointed to Place No. 3 on the Planning and Zoning Commission, with his term of office to expire on June 30, 1984. Review and Consider Adoption of an Animal Control Ordinance Repealing the Existing Ordinance No. 78 (Agenda Item VII) City Manager McCarty advised the City Council that Police Chief Richard Carroll was not able to be present at this Council Meeting to present the proposed ordinance, however, this would be the first reading of the ordinance, and it would be brought back for consideration at the next regular meeting. City Secretary Marty Hendrix read the proposed ordinance caption into the record as follows: "An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 78; Providing for Rabies Control; Reporting of Animal Bites; Providing for Quarantine; Restraint of Animals Running at Large; Restraint of Vicious Animals; Impoundment of Animals; Providing for Fees; Prohibition of Certain Species of Animals and Fowl; and Describing Penalties for Violating Such Provisions." There was no action on this item. Review and Consider Adoption of the Parks and Recreation Policy for Land Acquisition (Agenda Item VIII) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the development of the Parks and Recreation Policy for Land Acquisition and reviewed in detail the document sections, being Goals of the Allen Parks and Recreation Board; Definitions of Park, Recreation, and Open Space Areas; Implementation; Methods for Land Acquisition; and Land Acquisition Policy Follow -Up. vi ALLEN CITY COUNCIL March 1, 1984 Page 7 Review and Consider Adoption of the Parks and Recreation Policy for Land Acquisition (cont'd) (Agenda Item VIII) Mr. Thornton presented and reviewed a map showing the city's extraterritorial jurisdiction and the major thorough- fares, the planning districts, neighborhood park districts, and community park districts. Mr. Thornton presented for review statistical data of the various neighborhood park districts, the planning districts, the community districts, acreage, square miles, projected population and the number of neighborhood park acres needed to support these areas. There was considerable discussion between the City Council and city staff on the involvement of the Allen School District in this project and their comments on this plan as well as the other school districts involved inthe city limits, those being Lovejoy, McKinney and Plano. The Council reviewed Section V which speaks to the joint efforts of the city and school to develop elementary school and park sites together and if this addressed the issue of the joint effort between the city and the school district. Further discussion centered around the need for the addition of the word "soccer" to paragraph 2 "Community Parks" of Section II "Definitions"; the addition of "temporary uses" in the goals section, regarding use of property that is not owned by the city but is leased for park and recreation use until development is accomplished for the needed use; establish in the goals section the cooperative efforts between and coordina- tion with other public bodies such as the school districts and the county; and allow the School Superintendent to review and comment on this document. The Council also discussed the funding of parks, and in particular the development of Ford Park using park grant funds; plans for periodic revision of this document, and changing of the wording of "Goals of the Parks and Recreation Board" to "Goals of the City of Allen" when this document is finally adopted. It was the consensus of the Council that the city staff take the recommended changes and redo the appropriate portions of the policy and bring it back for consideration at a later date. There was no action on this item. Update on Westside Utilities (Agenda Item IX -A) City Manager McCarty reported to the City Council that Belz Enterprises had advised him that checks to the property owners for crop damage that occurred due to the construction of the west side utilities were in the mail, and the completion construction was due to begin tentatively next week. This was received as a matter of information. There was no action taken on this item. J/ ALLEN CITY COUNCIL March 1, 1984 Page 8 Joint Meeting Between Council and AISD Board (Agenda Item IX -B) Mayor Pierson advised the Council that the joint meeting between the Allen City Council and the Allen Independent School District Board had been scheduled for Monday, March 26, 1984. The place and time had not as yet been determined. It was also the intention of both bodies to invite the candidates of the upcoming school and city elections to attend this meeting. This item was received as a matter of information. There was no action taken on this item. Update on Attorney's Opinion Relating to Appointment of Replacement of Place No. 4, Allen City Council (Agenda Item IX -C) Mayor Pierson advised the Council that the city staff had requested that the City Attorney prepare an opinion on the interpretation of Section 2.04 of the Allen City Charter regarding appointments to single vacancies in the Council when it is close to a regular election. This was done in regard to the replacement for Place No. 4 on the City Council due to the resignation of Don Rodenbaugh. The City Attorney had not sent back his opinion and the Council has until their next regular meeting to consider the appointment to Place No. 4. This item was received as a matter of information. There was no action taken on this item. General Discussion Mayor Pierson advised the Council that in talking with the City Manager he understands that the work on the Jupiter Road Bridge is still on schedule and that a completion date has been tentatively set for May of 1984. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Paxton, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 9:50 p.m. on Thursday, March 1, 1984. The motion carried. These minutes approved on the 15th day of March 1984. B. Pierson, MAYOR Marty Hendrix, ti TY SECRETARY 2