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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/27/2006..~~~ City of Colleyville ~;~~ Minutes -Final ,•<,> 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 City of Colleyville Page 1 Printed on X2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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. City of Col/eyville Page 2 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Colleyville Page 3 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final 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 City of Colleyville Page 4 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Colleyville Page 5 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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. City of Colleyville Page 6 Printed on S/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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. City of Colleyville Page 7 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Co/leyvil/e Page 8 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Colleyville Page 9 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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. City of Colleyville Page 10 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Colleyville Page 11 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Colleyville Page 12 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Colleyville Page 13 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final November 27, 2006 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 City of Colleyville Page 14 Printed on 5/2/2007 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. City of Colleyville Page 15 Printed on 5/2/2007