HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/27/2006..~~~ City of Colleyville
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Minutes -Final
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Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, November 27, 2006 7:00 PM City Council Chambers
6:15 P.M. -PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS
REGULAR MEETING
7:00 P.M.
1. CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on November 27, 2006, at 7:10
p.m.
2. ROLL CALL
Present: Commissioners Dave Dudziak, Scott Redfearn, Mary Taylor,
David Phelps and Jeff Byerly
Absent: Comissioners Robert McCormick and Denis Duffy
Staff present: Barry LeBaron, Chris Fuller, Rob McKeown, Chad Bartee,
Dal Anderson and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Redfearn.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
November 13, 2006
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Commissioner Dudziak moved to approve the meeting minutes as
written. Commissioner Taylor seconded.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 2 -McCormick, Duffy
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Case P-06-050 -Minor plat for Lots 1 and 2, Block 1 of the McKinney
Addition on 5.1 acres located at 6405 Pleasant Run Road
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Redfearn moved to approve case P-06-050.
Commissioner Taylor seconded.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 2 -McCormick, Duffy
7b Approval of a Preliminary Plat of Lots 1-18, Block 1 and Lots 1-9, Block 2
of the Copperglen Luxury Courtyard Villas on 5.6 acres, located at 3798
to 3804 Glade Road, Case P-06-059
Commissioner Byerly recused himself from this agenda item and
Commissioner Dudziak took over the Chair.
Barry LeBaron presented the case and briefed the Commissioners.
David Hannah, the applicant, came forward to answer questions.
Commissioner Dudziak questioned Mr. Hannah regarding the open
space areas, the open space lots do not match what is indicated on the
plat? Mr. Hannah used the drawings provided to explain to
Commissioner Dudziak where the open space areas are located and
what purpose those areas serve.
Commissioner Dudziak questioned Mr. Hannah if the front open space
area is used for decorative purposes only? Mr. Hannah replied the open
space provides a green belt from the homes across Glade and from the
villas and Glade Road.
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Commissioner Taylor questioned Mr. Hannah regarding what type of
fencing will be used between the road and the villas? Mr. Hannah
replied brick walls with wrought iron around the pond. Past the main
entrance will mainly be a brick wall with some wrought iron to create an
open affect but still maintain privacy.
Commissioner Taylor questioned Mr. Hannah regarding if the detention
ponds with fountains will continue to fill themselves in the event of a
severe drought? Mr. Hannah replied installing water wells is intended.
Commissioner Phelps questioned staff regarding if the open space table
on the plat will need to be reconciled? Barry LeBaron replied those
issues will be taken care of before presenting the final plat.
Commissioner Taylor moved to approve case P-06-059 with the
corrections on the open space table to reflect the actual open space lot
numbers. Commissioner Phelps seconded.
Commissioner Dudziak stated real open space is available for use by the
residents for active use, not just decorative or buffer areas. The PUD
has open spaces in place for usable spaces for those residents.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 2 -McCormick, Duffy
7c Case P-06-061 -Minor plat for Lot 2, Block 1 of the Ford Addition on 0.9
acres located at 2404 Glade Road
At this time, Commissioner Byerly resumed to Chair the meeting.
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Taylor stated she would like to see if both lots could be
used for one estate lot. Commissioner Byerly stated that would create a
two acre estate lot and an estate lot is usually one acre, which this is.
These lots are just long and narrow. The only other option would be a
subdivision with four lots, which would not look good for this area.
Commissioner Byerly moved to approve case P-06-061. Commissioner
Dudziak seconded.
The motion carried by the following vote:
Aye: 4 -Dudziak, Redfearn, Taylor, Phelps
Absent: 2 -McCormick, Duffy
Abstain: 1 -Byerly
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8. PUBLIC HEARING AGENDA ITEMS
November 27, 2006
8a CONSIDERATION OF ORDINANCE 0-06-1602 -Approval of a request
by Covenant Christian Academy to amend the zoning and development
requirements of the Planned Unit Development for the Colleyville
Presbyterian Addition, located at 901 Cheek Sparger Road, Case
Z-06-028
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding if the changes being
requested would be handled in mass or handled individually? Barry
LeBaron replied the draft ordinance provides for approving the ordinance
as in the packet or by making changes with the language provided.
Commissioner Phelps questioned staff if the applicant is in agreement
with the proposed changes? Barry LeBaron replied yes.
Commissioner Byerly opened the public hearing at 7:40 p.m.
Arthur Pengelly, Trustee for Covenant Christian Academy, came forth to
present the case and brief the Commissioners.
Elaine Wagner, 3716 Wayne Drive, spoke in opposition to the request.
She stated someone lives in the pool house, which they are not suppose
to do so.
Greg Winslow, 3916 Wayne Drive, spoke in opposition to the request.
He stated having issues with the lighting, flooding and traffic.
Kristin Williams, 708 Saddlebrook Drive, spoke in favor of the request.
Keith Castello, Headmaster, came forward to brief the Commissioners.
Allan Werst, 3808 Wayne Drive, spoke in opposition to the request and
stated having issues with flooding.
Commissioner Taylor questioned Mr. Pengelly regarding if the homes
that have been purchased on Wayne Drive are being occupied by
football coaches? Mr. Pengelly replied yes, by staff, some are football
coaches.
Commissioner Dudziak questioned Mr. Pengelly regarding if there are
any plans, a field house, a two story school, but have seen no drawings?
Mr. Pengelly stated because there is a PUD in place, the Phase II
concept stands alone, but with a note change to be able to build a two
story building instead of the one story building that has already been
approved. Commissioner Dudziak questioned Mr. Pengelly why the
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southern build line needs to be removed, is it to be able to build a field
house? Mr. Pengelly replied the southern building line limits us from
building on the southern property in the future. Commissioner Dudziak
questioned Mr. Pengelly regarding if the two story building where to be
approved, would it be alright to not move that southern building line? Mr.
Pengelly replied, I guess, at some point in the future we could come
back and talk about that again, it is really not an all or nothing deal.
Judi Sherrill, 6804 Kennedy Drive, spoke in favor of the request.
Tom Ragsdale, 5005 Rose Street, spoke in favor of the request.
Greg Scoggins, 4028 Wellington Lane, spoke in favor of the request.
There being no one wishing to speak, the public hearing was closed at
8:28 p.m.
Commissioner Dudziak questioned staff regarding if there have been any
formal complaints made by any of the residents regarding drainage, is
there anything on record that says the city has had to go out and
investigate? Barry LeBaron replied yes, recommendations have been
made and Covenant Christian Academy has made those improvements
as requested by the Engineering department.
Commissioner Dudziak questioned staff regarding if there is a time limit
that the storage containers can be on a lot? Barry LeBaron replied there
not specific regulations, there has not been a concern. Most of the time,
the containers are a temporary situation. There have been complaints
on there containers, therefore staff has provided a provision in the
ordinance. Commissioner Dudziak questioned staff if a time limit or
restriction of the containers can be placed in the ordinance? Barry
LeBaron replied yes, the Commission may consider and discuss it with
the applicant.
Commissioner Dudziak questioned if the other property owners along
Cheek Sparger Road have been required to escrow the money for the
trail? Barry LeBaron replied there have been some developments to the
west that have escrow the money for the trail. This section of the trail is
new.
Commissioner Taylor questioned Mr. Pengelly regarding what properties
on Wayne Drive does the school own? Mr. Pengelly replied 909 Cheek
Sparger Road, 3815 Wayne Drive and 3805 Wayne Drive. 3809 Wayne
Drive is currently under contract.
Commissioner Byerly questioned Mr. Pengelly if the three storage
containers that are on the property are sufficient? Mr. Pengelly replied
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yes.
Commissioner Dudziak questioned Mr. Pengelly if there would be an
acceptable time limit the school could use regarding the storage
containers? Mr. Pengelly replied liking Barry LeBaron's language,
storage containers my be utilized and located on the he school property
until the Phase II building is constructed. He stated that building should
be constructed within the next two years. Mr. Pengelly suggested that
once those containers were gone, no such containers would be allowed
on the property.
Commissioner Taylor questioned staff regarding if there could be a time
limit as to when the containers are to be gone once the building is
completed, say 30 days? Mr. Pengelly stated it could be tied to the
certificate of occupancy.
Commissioner Phelps questioned Mr. Pengelly regarding what are the
storage containers being used for? Mr. Pengelly replied to store desks,
athletic equipment, stage sets, things that could not be left out in the
rain. Commissioner Phelps questioned Mr. Pengelly if those items being
stored are directly related to the construction of the Phase II building?
Mr. Pengelly replied those items could be stored in the new building.
Commissioner Phelps questioned Mr. Pengelly regarding what are the
anticipated start dates or completion dates? Mr. Pengelly replied
beginning in the Summer of 2007.
Commissioner Byerly questioned Mr. Pengelly regarding what is the
history of the art building? Mr. Pengelly replied the building started out
being used for the storage of the art supplies and then started being
used as a place for individual art instruction. Commissioner Byerly
questioned Mr. Pengelly regarding when was the art building
constructed? Mr. Pengelly replied not knowing.
Commissioner Taylor stated to Mr. Pengelly that large planting structures
would help to buffer those neighbors who are complaining about the
lights and noise. Mr. Pengelly replied the PUD required the constructing
of a fence, which is very tall. Commissioner Taylor replied the fence
would not block the lights.
Commissioner Taylor questioned Mr. Pengelly regarding if the new
building could be constructed with no windows on the east side of the
building? Mr. Pengelly replied it could be done, but we are not interested
in doing that, the size of the windows could be limited.
Commissioner Taylor questioned Mr. Pengelly if he realized why the
neighbors are complaining, there were things promised in the past that
have not or did not happen? Mr. Pengelly replied he understood.
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Commissioner Redfearn questioned Mr. Pengelly regarding the
placement of the new Phase II building, on the original submission, there
is a building, which is not there, that seems to occupy the width of the
property lines. It was mentioned that the building may be placed on the
west side? Mr. Pengelly replied that being the advantage of using a two
story building, we could go closer to the west. It is to the school's
advantage to keep the buffer to the east, the play area. Mr. Pengelly
stated there would be an entrance to the east and to the north.
Commissioner Redfearn questioned what is the thinking of the school's
board regarding the purchasing of those residents, how is it that the
properties can be acquired, but the path can not be installed along
Cheek Sparger Road? Mr. Pengelly replied one of the lots was acquired
by a family and gifted to the school. One of the lots was acquired for the
purpose of improving the drainage. Lot 3, below Lot 2, was owned by
the school at the time of the PUD and then sold to Colleyville
Presbyterian Church for a parsonage. The home was not used by the
church and the school requested to buy the property back, hence being
under contract. The final property was something that just became
available and would be to our advantage to own since the school backs
up to this property.
Commissioner Phelps questioned Mr. Pengelly if those residences are
managed under the umbrella as church uses or are they still single
family, taxed properties? Mr. Pengelly replied they are owned by
Covenant Christian Academy and were closed from the taxes and paid
as part of escrow, to continue would be up to Tarrant County Appraisal
district. Currently, the homes are rented to staff.
Commissioner Byerly questioned Mr. Pengelly if the Phase II building
would be included in the southern building line, or is that why the building
line needs to be moved? Mr. Pengelly replied it would be to our benefit
to move the southern building line slightly to the south to be able to build
it, however, it is not totally necessary. It would be to the school's
advantage to be able to put a playground on the north side of it between
the existing building and the proposed building. Commissioner Byerly
questioned Mr. Pengelly if there are any plans for that building to know
where to put that southern building line? Mr. Pengelly replied he may
have a scketch and used his drawings of the original on the overhead to
show the Commissioners the placement of the new building.
Commissioner Redfearn questioned Mr. Pengelly regarding how was the
southern build line determined? Mr. Pengelly replied not knowing, it may
have had something to do with the home on Lot 2, adjacent to the
property.
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Commissioner Redfearn questioned staff regarding if the Commission
were to move the southern build line, how would that move be indicated?
Barry LeBaron replied once the Commission has made a determination
as to where the line would be moved, staff would calculate the
measurements and incorporate it into the ordinance.
Mr. Pengelly suggested making the southern building line equal distance
with the property line between Lot 2 and Lot 3. This would
accommodate the building shown on the left and it would give a fairly
easy point at which to determine from where it is located an existing
survey boundary.
Commissioner Redfearn questioned Mr. Pengelly regarding why not
squeeze the playground? Mr. Pengelly replied the playground could be
squeezed, however this drawing is new, so he stated not being familiar
with it or what the idea was behind it.
Commissioner Redfearn questioned if the school would have to come
back once the drawings are in place? Barry LeBaron replied no, not
unless there would be an additional approval. He stated the southern
building line is shown on the drawing and noted in the ordinance and is
also shown on the plat, therefore the plat would need to be amended to
move or delete that line.
Commissioner Byerly questioned staff if the building line were to be
moved, could the school build any other building other than the Phase
II? Barry LeBaron replied no, not unless the Commission changes the
language, the language of Note 10 states no permanent structure.
Commissioner Byerly stated correct, to the south, however, could the
school build two buildings to the north of the southern building line?
Attorney Boyle replied no, Note 14 states the size, number, and
placement of buildings placed on the property may not exceed what is
shown on this site plan. The proposed revision to Note 10 would only
move the southern building line and would not revise the condition in
Note 14.
Commissioner Byerly questioned Fire Marshal Rob McKeown regarding
the fire department does not like a two story building? Fire Marshal
McKeown stated the fire department could not tell them they can not
build a two story structure, all we can look at is whether or not they meet
the fire code.
Commissioenr Dudziak questioned Fire Marshal McKeown regarding if
he sees any emergency access issues with the plat? Fire Marshal
McKeown replied there would have to be a 24 foot emergency access
and if the fire land exceeded 150 feet, they would be required to install a
city approved turn around. Commissioner Dudziak questioned staff
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regarding if that 24 foot fire lane exists? Barry LeBaron replied not
knowing, it is not indicated on this site plan. Commissioner Dudziak
stated wishing some measurements were noted so that sufficient
emergency access could be gained for the proposed building. Attorney
Boyle questioned staff regarding is not that an issue for during the time
of building permitting? Barry LeBaron replied yes. Commissioner
Dudziak stated this being an issue in determining if that southern build
line is to be moved to allow sufficient emergency access.
Commissioner Byerly moved to approve case Z-06-028 with the following
conditions: (1) Note 10 be changed to move the southern building line to
align parallel with the property line between Lots 2 and 3 of the
Southgate Addition; (2) The proposed two-story building square footage
should be equal to or less than the approved 33,899 square feet; (3) The
following notation is included in the ordinance, "With the construction of
any additional structures, Covenant Christian Academy will submit a
drainage study to the City Engineer; (4) Three storage containers may
be utilized only 30 days after a certificate of occupancy is issued for the
two-story building; (5) The existing art building may remain on the
property only until after 30 days the two-story building is issued a
certificate of occupancy; (6) The applicant shall construct or escrow the
funds for the 10-foot hike and bike trail with the construction of new
facilities on the property. Attorney Boyle stated the site plan condition for
the one story building would be revised to reflect the two-story building.
Commissioner Byerly concurred. Commissioner Redfearn seconded.
Commissioner Dudziak stated limiting the future use of any temporary
facilities in the PUD, no more portable units for storage. Attorney Boyle
suggested looking at that from two different perspectives, one is based
on the temporary storage containers and the other, to be given
consideration, is the temporary buildings on the northwest portion of the
overall lot, which are to expire in the Summer of 2007. However, relative
to storage buildings only, it could be stated upon the removal of those
such, there shall be no additional storage containers placed on the
property.
Commissioner Byerly questioned staff regarding what does the
ordinance say about additional portable classrooms? Attorney Boyle
referred to Note 14 which states "The size, number, and placement of
buildings placed on the property may not exceed what is shown on this
site plan". Commissioner Dudziak stated it being relative to storage
containers not temporary classroom buildings.
Commissioner Phelps stated the extension of the build line and the
retention of the language that states only one structure can be built
would not work together because no other building could be built
regardless if the build line is moved. The athletic building that the school
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is looking to build south of the building line would not be permitted with
the current language in place. It is not being included on the site plan.
Therefore, to accomplish what is being proposed, the language would
have to be adjusted. nth that being said, he stated not being in favor of
that. He stated after looking at everything at hand, seeing if the school is
a good neighbor, introduced into a residential neighborhood, and being
accommodated. He stated the art house, or pool house, which ever,
was not on the original plan and the use is in question. There is still
contention between the lighting on the fields. Also, from the applicant's
initial application, the intention to waive the 10-foot hike and bike trail,
which is a community use accommodation, which would allow safe
access across the front of the property. He stated the school is not
accommodating to what is needed. This property being as deep as it
penetrates into a residential neighborhood, the school needs to uphold
the original agreement. He stated being in favor of much of the content,
but not seeing the need to extend the southern build line if a second
structure will not be accommodated.
Commissioner Byerly stated it being clear that the school needs the
Phase II building, but he stated concurring with Commissioenr Phelps'
statement regarding the school being a good neighbor. All of the
speakers in favor of the request are somehow related to the school and
all of the speakers in opposition of the request are the neighbors.
However, Commissioner Byerly stated being in favor of moving the
southern build line to accommodate the Phase II building.
Commissioner Redfearn stated understanding where the art building is
actually on the site plan, it being north of the property. Nevertheless, this
building will disappear once the Phase II building is completed.
However, there does seem to be room to work with the neighbors.
Commissioner Dudziak stated if the two-story structure is allowed, there
does not seem to be a need to move the southern build line. It seems
the architect left room for more parking and more playground by keeping
the original plan which the residents agreed to in 1999.
Commissioner Taylor stated if the school were to come back in two
years, once all of the properties adjacent to the school on Wayne Drive
are purchased, how will the school accommodate all of the property
owners on the east side of Wayne Drive? There needs to be major
shrubbery and tree work established.
Commissioner Phelps stated if the school is allowed the two-story
structure, which he stated being most against, the neighbors to the west
are not going to appreciate atwo-story structure in their backyards
either, again, not being neighborly.
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Commissioner Redfearn stated atwo-story structure allows for as much
green space around the buildings. A one-story structure will be built to
the maximum that the school can build have for future growth, therefore
taking up more green space.
Commissioner Byerly concurred with Commissioenr Redfearn regarding
the two-story building and the movement to the east giving more room to
maneuver around and the playground would be between the two
buildings to help with the noise.
Commissioner Redfearn stated being ok with moving the southern
building line. He stated being ok for keeping the building line in place if it
made anybody feel better.
Commissioner Byerly stated having concerns with having to move the
building line in the future, but if moving it now will accommodate that, he
stated being willing to move it now.
Commissioner Dudziak stated if there is an intent of the school coming
back, why should the Commissioners approve anything at all?
Commissioner Byerly replied not knowing that the school will be coming
back, the school wants the building line removed completely to build field
houses and so forth, and the Commission is not willing to do that.
However, moving this line, will allow the school for the expansion that
they need to get rid of all of the portable buildings on Cheek Sparger that
no one likes.
Commissioner Dudziak stated, according to the plan, the moving of the
southern building line is to accommodate the playground area.
Commissioner Byerly stated that not being a bad thing.
Commissioner Dudziak stated not seeing the need to move the line. The
portable buildings are going to be gone. He stated wanting to respect
the neighbors by keeping the 1999 plans.
Commissioner Phelps stated being in favor of the moving of the build
line and retain it as a one-story building with the same square footage
and do some creative building to create a gap for the playground.
The motion failed by the following vote:
Aye: 2 -Redfearn, Byerly
Nay: 3 -Dudziak, Taylor, Phelps
Absent: 2 -McCormick, Duffy
Commissioner Taylor moved to approve case Z-06-028 with the following
conditions: (1) Note 10 be changed to move the southern building line to
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align parallel with the property line between Lots 2 and 3 of the
Southgate Addition; (2) The proposed building be a one-story building
with the square footage should be equal to or less than the approved
33,899 square feet; (3) The following notation is included in the
ordinance, "With the construction of any additional structures, Covenant
Christian Academy will submit a drainage study to the City Engineer; (4)
Three storage containers may be utilized only 30 days after a certificate
of occupancy is issued for the two-story building; (5) The existing art
building may remain on the property only until after 30 days the two-story
building is issued a certificate of occupancy; (6) The applicant shall
construct or escrow the funds for the 10-foot hike and bike trail with the
construction of new facilities on the property. Commissioner Phelps
seconded.
Commissioner Phelps questioned staff that since the trees that were
originally planned, are not shown, can the school be forced to plant?
Barry LeBaron replied yes, at the time of permitting, staff will make sure
those are included.
The motion carried by the following vote:
Aye: 4 - Dudziak, Taylor, Phelps, Byerly
Nay: 1 - Redfearn
Absent: 2 -McCormick, Duffy
The Commissioners recessed fora 10 minute break at 9:30 p.m. and
reconvened at 9:40 p.m.
8b Approval of a Request for a Special Use Permit for a child care center on
Lot 7, Block 1 of the Town Center of Colleyville Addition located at 5645
Colleyville Boulevard, Suite 100, Case Z-06-029
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 9:44 p.m.
Greg Hill, the applicant, came forward to present the case and brief the
Commissioners.
Commissioner Taylor questioned Mr. Hill regarding the $40 annual
registration fee, for the people who are coming in from out of state, is
that fee going to be waived? Mr. Hill replied yes, they would be charged
an hourly rate of $10 per hour instead of the $8 fee. They can use the
membership of a family member. Commissioner Taylor questioned Mr.
Hill if he has any other facilities open? Mr. Hill replied no. He stated
there are three facilities of this magnitude in the Dallas/Fort Worth area.
Commissioner Phelps questioned Mr. Hill if he will have to comply with
existing child care regulations or licensing? Mr. Hill replied yes, under
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the alternative care, same as any other day care facility.
Commissioner Byerly questioned Mr. Hill if he will be charging a sales
tax? Mr. Hill replied yes.
Commissioner Dudziak questioned Mr. Hill regarding what is the average
age? Mr. Hill replied 5 to 8 year olds. Commissioner Dudziak
questioned Mr. Hill regarding if there will be a full time first aid person on
hand? Mr. Hill replied no, all staff will be CPR trained and first aid
certified and Texas background checked.
There being no one wishing to speak, the public hearing was closed at
9:50 p.m.
Commissioner Phelps moved to approve case Z-06-029. Commissioner
Taylor seconded.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 2 -McCormick, Duffy
8c Approval of a Request for a Special Use Permit for a cell tower on Lot 1,
Block 1 of the Pleasant Glade Assembly of God Addition located at 2512
Glade Road, Case Z-06-030
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 9:55 p.m.
Dave Green, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Taylor questioned Mr. Green regarding what purpose
does it serve to raise the tower 10 feet? Mr. Green replied for better
efficiency and service and 10 foot is the general figure for height. This
one site will address the need.
Attorney Boyle questioned Mr. Green regarding how many carriers are
on this tower? Mr. Green replied MetroPCS will be the third carrier.
Commissioner Phelps questioned Mr. Green if lower antennas will be
raised to higher heights? Mr. Green replied no.
Commissioner Dudziak questioned Mr. Green if there is any concern for
lighting for air traffic for the 88 feet? Mr. Green replied the FFA does
have control over that, but the city usually tells us if it is needed.
Commissioner Dudziak questioned staff if lighting is necessary? Barry
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LeBaron replied not to his knowledge, it would be something to look into
at the time of permitting.
Commissioner Phelps questioned Mr. Green if this tower has been built
in 10 foot increments? Mr. Green replied yes. Commissioner Phelps
questioned staff regarding if the applicant would have to come back in
and reapply for another 10 foot section? Barry LeBaron replied yes, an
amendment would have to be made to the Special Use Permit.
Commissioner Taylor questioned staff regarding how many cell towers
does Colleyville have? Barry LeBaron replied about four.
Commissioner Taylor questioned Mr. Green regarding how many miles
does one tower cover? Mr. Green replied it varies, according to the
company's equipment. MetroPCS covers about a mile.
There being no one wishing to speak, the public hearing was closed at
10:01 p.m.
Commissioner Dudziak moved to approve case Z-06-030.
Commissioner Taylor seconded.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 2 -McCormick, Duffy
8d Approval of an Amendment to Chapter 3 of the Land Development Code
to Amend Section 3.24, Table of Permitted Uses and Section 3.29,
Parking Requirements, Case G-06-026
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 10:10 p.m.
There being no one wishing to speak, the public hearing was closed at
10:10 p.m.
Commissioner Byerly questioned Attorney Boyle regarding what type of
restrictions can be placed on religious institutions and school use as far
as making those acquire a Special Use Permit in certain zoning districts?
Attorney Boyle replied wishing to respond to that at a future pre agenda
meeting, in which case will also be done in Executive Session.
Commissioner Byerly questioned Attorney Boyle if this agenda item
should be tabled for further discussion with counsel? Attorney Boyle
replied you may do so, or the Commission could go into Executive
Session now to consult with Attorney pursuit to Section 551.071 of the
Texas Government Code for legal advice. Commissioner Byerly chose
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Planning and Zoning Commission Minutes -Final
November 27, 2006
to do so now.
Attorney Boyle explained that the Executive Session had been called in
accordance with the Texas Government Code Chapter 551, Subchapter
D, Section 551.071, Legal. He further explained that there would be no
decisions made or action taken during this time. The meeting was
recessed at 10:07 p.m. and reconvened at 10:19 p.m.
Commissioner Redfearn complimented staff regarding their efforts put
forth in the Land Use Table. Commissioner Phelps concurred.
Commissioner Phelps moved to approve case G-06-026. Commissioner
Redfearn seconded.
Commissioner Dudziak questioned staff regarding if any of the parking
ratios have changed? Barry LeBaron replied no, none have been made.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 2 -McCormick, Duffy
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
None
10. COMMISSIONERS' COMMENTS AND REPORTS
None
11. ADJOURNMENT
There being no further business before the Planning and Zoning
Commission, the meeting adjourned at 10:24 p.m. Approved by
acclamation.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Wednesday, November 22, 2006 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
Meeting minutes approved on December 11, 2006.
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