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Home My WebLink AboutMin - City Council - 1996 - 04/17 - JointALLEN CITY COUNCIL AND j PLANNING & ZONING COMMISSION JOINT PUBLIC HEARING APRIL 17, 1996 - 7:30 P.M. MUNICIPAL ANNEX - COUNCIL CHAMBERS ONE BUTLER CIRCLE Pres : Joe Farmer, Mayor Lonnie Thomas David Kerr (absent) Doug Gallagher Mike Nichols, Mayor Pro Tem Steve Terrell David Bishop City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary Bill Petty, Director of Community Development Sally Leeper, Administrative Assistant Tom Keener, Community Development Coordinator George Conner, Director of Public Works Call to Order and Announce a Ouorum is Present Kenneth Fulk, Chairman Susan Bartlemay Ross Obenneyer Bruce Heller Harold Biggs Jeffery Kelley Kevin L. Lilly, Candidate for Mayor Melissa Owen, Candidate for City Council Dave Powyszynski, Candidate for City Council Brenda W Terrell, Candidate for City Council (Agenda Item 1) With a quorum of the Councilmembers and Commission members present, the Joint Public Hearing of the Allen City Council and the Planning & Zoning Commission was called to order by Mayor Farmer and Chairman Fulk at 7:35 p.m. on Wednesday, April 17, 1996, in the Council Chambers of the Municipal Annex, One Butler Circle, Allen, Texas. Public Hearing on a Request for Amendments to the Comprehensive Zoning Ordinance (Agenda Item II) Chairman Kenneth Fulk provided a synopsis of the workshops that had previously been held with the City Council and the Planning & Zoning Commission. Several minor changes were made to the Comprehensive Zoning Ordinance. However, several major changes have also been made. Those include: tree preservation, lighting, completely revised land -use tables, clubs/private clubs, and site plan reviews for planned developments. Mayor Farmer read the request into the record as follows: ALLEN CITY COUNCIL JOINT PUBLIC HEARING APRIL 17, 1996 PAGE 2 "Public Hearing on a Request for Amendments to the Comprehensive Zoning Ordinance." Mayor Fanner Opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Bryan Burchfiel, Project Manager of Twin Creeks, 300 Twin Creeks Drive, Allen, Texas 75013, spoke on behalf of Twin Creeks management. He understands the need to incorporate nature and environment with development and landscaping. He feels the ordinance adversely restricts development. He proposed a committee made up of developers, architects, contractors and city officials be set to develop a workable document. Brett Sheldon, 1900 Sparrow Point Court, Plano, Texas 75023, explained that he has a contract for property at the southwest comer of Jupiter and Main Streets He stated that this two acres includes 360" of trees that would have to be replaced. Some could be saved. There is not enough room on the property to save them all. Fence rows exist around the perimeter. He requested that the Council consider the type of trees that are desirable and suggested replacement of only trees that are worth saving. Stephen Hicks, 900 Carnegie Court, Allen, Texas 75002, requested allowance for radio towers for amateur radio operators. He proposed 75' towers with tower placement behind the first 40% of property He discussed construction guidelines and the need to design the tower so that if it fell, it would fall on its own property Citizen concerns might include: aesthetics (limit height to 75'), safety (require manufacturers' drawings), radio and TV Lfrequency interference (allowable height) Doyle S Stacy, # 4 Royal Way, Dallas, Texas 75229 and Charles Colin Stacy, 805 West Stacy Road, Allen, Texas 75013 had questions regarding the farms in Allen. Mr. Stacy questions the fact that he could not cut down even a locust tree on his own property, even though he is not developing the property His property has many fence rows with junk trees and locust trees. The ordinance does eliminate dead trees. He discussed his property along US 75 that is a 60' depth and the ordinance requires a 25' landscape easement which would render this piece of property unusable. West of Ridgeview Cemetery there is an 18 -acre tract which is covered with many locust trees. Their home place south of Stacy Road includes many trees that are dead or dying and he questions their status. Ed Topfer, 307 Keith, Allen, Texas 75002, feels adoption of the ordinance would be a positive step for Allen. It will encourage quality development. He presented a petition with signature of persons in favor of the landscape/tree preservation ordinance. The following residents signed the petition in favor of the proposed changes to the landscaping ordinance Susyn Redmond, 556 Fisher, Allen, Texas 75002; Ed Topfer, 307 Keith, Allen, Texas 75002; Kevin Pierce, 604 Sandy Creek, Allen, Texas 75002; Robert Butcher, 926 Rivercrest, Allen, Texas 75002; Donna Bruer, 902 Sycamore, Allen, Texas 75002; Neena Shilt, 1125 Bloom, Allen, Texas 75002, Heather Schrock, 312 Exchange Parkway, Allen, Texas 75002; Angela Downing, 813 Clearlake Drive, Allen, Texas 75002; ALLEN CITY COUNCIL JOINT PUBLIC HEARING l APRIL 17, 1996 PAGE 3 Rick Downing, 813 Clearlake Drive, Allen, Texas 75002; Dennis Han, 1405 Flameleaf Drive, Allen, Texas 75002; Gutty Topfer, 307 Keith, Allen, Texas 75002; Georgiann Moore, 112 Shannon Drive, Allen, Texas 75002; Marta Smith, 9 Crockett Court, Allen, Texas 75002; Donna Laster, 814 Fall Drive, Allen, Texas 75002; and Heidi Smalley, Allen, Texas. Charles Forbes, Texas Ten Enterprises, US 75/SH 121, 2111 Woodward Avenue, Detroit, Michigan 48201 suggested that the ordinance is too restrictive. He stated that there are many opportunities in the development process to consider special issues. There are several fence rows on his property He would be in favor of relocating trees using his own good judgment. He suggested that he may desire to place a building or road where the fence row is. He suggested that the ugly trees should not be preserved. In general, he prefers to allow developers to use good judgment Eileen Tollett, 404 Watson Drive, Allen, Texas 75002, suggested that developers do not generally go above and beyond this ordinance. If they did, then the proposed ordinance should not hinder them. A new committee does not need to be formed to study this issue since Planning & Zoning has already studied the issue carefully for over a year. �{ With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Discussion was held regarding trash trees, ham radio towers in residential districts and treatment of farmland. City Staff provided several concerns to Council: 10-15' landscape edge plus 10% of paving area; No exception for building pad; City must adhere on Right -of -Way (ROW), parks, etc. (example: extension of Cedar through Allen Station Park); Appears to require one full-time employee (arborist or landscape architect); Ordinance does not provide exemption for ROWS for platted streets; City attorney advised that requirement for undeveloped land would be legal only if a permitting process is included; Suggested that desirable trees should be defined Council directed the Planning & Zoning Commission to review and bring recommendations to Council regarding the following issues: 1 Consider amateur radio operators' need for towers. 2. Provide a list of trees that would be exempt from the ordinance. 3. Review tree credits section. Council would like to build a quality City This may mean cutting some trees, not just preserving trees. ALLEN CITY COUNCIL JOINT PUBLIC HEARING APRIL 17, 1996 PAGE 4 Atli svtn (Agenda Item V) The Planning & Zoning Commission was adjourned at 9:24 p.m. on Wednesday, April 17, 1996. Consider Resolution Supporting the Creation of a Regional Tollway Authority (Agenda Item HI) Due to the Sunset Commission review of the Texas Turnpike Authority (TTA) and possible merge of that authority with Texas Department of Transportation, the North Texas area feels it may be necessary to establish a four -county regional authority that would assume all assets and liabilities of the state's authority including the Dallas North Tollway, SH 190, the Addison Tunnel project, and Eagle Mountain Bridge. By forming a local authority, insurance of investment, economy and mobility would be enhanced Resolution No. 1419-0-%(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Supporting the Concept of an Area or Multi -County Tollway Authority to Continue the Development, Construction and Operation of Tollways in the Dallas - Ft. Worth Region and Assume Existing Assets and Operations of the Texas Turnpike Authority (TTA) in the Dallas -Ft. Worth Area. MOTION: Upon a motion made by Councilmember Bishop and a second by Councilmember Gallagher, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1419-4-96(R) as previously captioned. The motion carried. There were no items of interest. Adiourn (Agenda Item 1I1) (Agenda Item IV) MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Nichols, the Council voted six (6) for and none (0) opposed to adjourn the Joint Public Hearing at 9.45 p m on Wednesday, April 17, 1996. These minutes approved on the 25th day of April , 1996. APPROVED: Kenneth Fulk, CHAIRMAN ATTEST: 17 `1!`1'- 2 z Jeffery kelfej�SECRVTARY ALLEN CITY COUNCIL JOINT PUBLIC HEARING APRIL 17, 1996 PAGE 5 These minutes approved on the 2nd day of -May_ 1996. ATTEST: /G[dr 0 l2B�Li IAOti— y Motiison, CMC, CITY SECRETARY L APPROVED: ce Farmer, MAYOR