Loading...
HomeMy WebLinkAboutMin - 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