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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/10/2010'";,~ City of Colleyville Minutes -Final ~~:~:;. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 10, 2010 6:00 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 10, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Rotthaus Staff Present: Jeremy Hutt, Rob McKeown, Marty Wieder, Ron Ruthven and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the April 26, 2010 meeting minutes as written. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 The Commissioners chose to arrange the public hearing items so that item 8a was held as the last public hearing item. 7. REGULAR AGENDA ITEMS 7a Approval of amendments to the Future Land Use map of the Colleyville Master Plan, Case GC10-003 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if this update will reflect the zoning changes that have been made from past decisions that go against the current plan. Ron Ruthven replied correct and he stated in the future if any zoning requests are made that may go against the Master Plan, a future land use map update would be presented at the same time. Commissioner Phelps moved to approve case GC10-003. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC10-003 Commissioner Knox and Commissioner Byerly recused themselves from this item and signed affidavits for the file. Commissioner Dudziak chaired this item. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the improvement of the water main, what is the rationale for requiring that being increased from 6 to 8 inches? Ron Ruthven replied given the impact of the service delivery for that area, staff has the authority to require an upgrade. He stated the applicant will be required to upgrade to an 8 inch main or pay into escrow in lieu of completing the upgrade. Commissioner Phelps stated to just bring it up to minimum standards. Ron Ruthven concurred. Commissioner Phelps questioned staff regarding if the water usage begins to encroach upon service levels, what is the process for bringing that back into line if there is disruption in service? Ron Ruthven stated City of Colleyville Page 2 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 the city will ensure that there is no disruption or change in service that residents already receive. He stated approximately 2.2 billion gallons of water is used by the city each year. He stated the impact on this site at any given time would be .01 %. He stated staff will ensure that there is no disruption in service. He stated the applicant can drill a fresh water well if they need to utilize more water usage to service the site. Commissioner Phelps questioned whether the proposed depth of the well would be below the local residents. Ron Ruthven replied yes, it would be a tap deeper than a residential well use. Commissioner Clardy questioned staff regarding the 4.2 million gallons of water used for the frac process, (2) to (3) wells at a time, (8) hours per stimulation, potentially 8.4 to 12.6 million gallons of water potentially over a short period of time. Can our system handle this much water usage over a potential (3) day period of time? Ron Ruthven replied the city Utility Department will not allow the applicant to have water usage that would affect the residents. Commissioner Dudziak questioned staff regarding what is the baseline for the condition of the roads for which the route has been selected. Ron Ruthven replied the city has a road remediation fee in place that the applicant will have to pay up front. City Engineer Jeremy Hutt came forward to present the information regarding the current condition of the roads. He stated they will evaluate the initial condition of the roads. Commissioner Dudziak questioned staff regarding if the roads were going to be replaced. Jeremy Hutt replied, eventually. He stated they will evaluate the roads before the applicant begins drilling. He stated any additional impact other than what is considered standard or expected, the applicant will be responsible for the damage. Commissioner Dudziak questioned staff regarding how an assessment number is calculated. Jeremy Hutt replied it would be done at the time of road remediation. Commissioner Dudziak questioned staff regarding what happens if the damage exceeds that number? Jeremy Hutt replied anything above and beyond standard impact would be reevaluated and the applicant would be required to repair the damage or the city would repair the damage and invoice the applicant for those damages. Commissioner Clardy questioned staff regarding the roundabout planned for John McCain and Pleasant Run Road. Jeremy Hutt stated there have been improvements discussed for this intersection; however the City of Colleyville Page 3 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 actual design has not been completed. Commissioner Phelps questioned staff regarding what the time frame is for those improvements versus the drilling operation and equipment. Jeremy Hutt replied if everything goes as planned for this request, the first stages of drilling will be complete before the intersection improvements begin. He stated they will coordinate with the drilling company. Commissioner Phelps stated the roundabout can handle the truck traffic. Jeremy Hutt concurred. Commissioner Phelps questioned if, in the future, a completed circle is engineered to handle this type of traffic. Jeremy Hutt replied whatever the intersection design, the improvements will be able to handle this type of traffic. Jeremy Hutt stated the intersection will remain open at all times to ensure traffic flow and emergency access. Commissioner Dudziak questioned City Attorney Kallas regarding projected road damages; is there room to ask for more than what is projected? City Attorney Kallas replied, if the applicant causes more damage to the road because of the drilling, then the applicant would be responsible for those damages. He stated the Commission may make a more specific direction in the ordinance. Commissioner Dudziak questioned staff regarding Section 4, Phase 3, Section A, what is being exempted? Ron Ruthven replied an SUP, if abandoned for more than 6 months, the SUP shall automatically expire. He stated staff wanted the ordinance to clearly state the expiration provision. He stated the ordinance also states that if no drilling takes place within two years of the approval of the SUP, the SUP shall automatically expire. Commissioner Dudziak questioned staff regarding if the applicant will still be responsible for the clean-up and any additional costs associated with that. Ron Ruthven replied the applicant would be required to pull an indemnity policy; simply an insurance policy that covers any type of damage or site clean-up. He stated if there is any breach within the ordinance, the applicant will be required to pay fees up to $2,000 a day for the code violation. Commissioner Dudziak stated there is Titan and there is the drilling company, two separate companies. Ron Ruthven replied for the purposes of the ordinance, Titan is the drilling company and operator. City Attorney Kallas concurred unless there is something put in place after this. Commissioner Dudziak questioned staff regarding the fresh water pond, City of Colleyville Page 4 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 with regards to the Land Development Code, if this is going to be a permanent pond, will they be required to have an aeration device in it or will it be required to be drained after completion? Ron Ruthven replied that the applicant has not stated with this request whether the pond remain in place; however if the pond does remain in place, the Land Development Code does require an aeration device. He stated during the drilling operations, the applicant is going to stock the pond with fish to help with the mosquito population. Commissioner Phelps stated this pond will only be filled with fresh water and the used water from the frac process will be shipped off site. Ron Ruthven concurred. Commissioner Dudziak questioned staff at what point in the process will the fencing and the landscaping be required to be installed. Ron Ruthven replied the 8 foot masonry wall and landscaping will be required to be installed after the first phase of drilling and completion and before going into production. Commissioner Dudziak questioned staff regarding how long maintenance will be required for the landscaping. Ron Ruthven replied for the life of the well. He stated any landscaping will be required by code to be irrigated. Commissioner Dudziak questioned staff regarding the selection of the testing company; is there a process in place and how will the citizens know about this process? Ron Ruthven stated that there are no specifics in place. He stated the city wants to use an independent company who is not affiliated with the drilling company, nor paid for by the gas industry. He stated the city wants someone who has the credentials, who is certified and who has already done testing in other cities. Commissioner Dudziak questioned staff regarding when is there going to be a baseline, the ambient conditions as they are today. Ron Ruthven stated the readings would be required before any activities begin on the site. Commissioner Dudziak questioned staff if the readings should be done more often, even now in the summer time, how quickly would this testing start. Ron Ruthven replied as soon as this gets approved by City Council, the city should have a consultant on board quickly so that the baseline could be started. Commissioner Dudziak questioned staff regarding if there are any federal limits on the economic damages that could occur as the result of a disaster that might occur on this site. City Attorney Kallas replied that City of Colleyville Page 5 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 he did not know at this time. Commissioner Redfearn questioned staff regarding if there is a practical limit on the number of gas well sites that could be within the city limits; could this be the first of ten or the first of two, for the city? Ron Ruthven stated as far as the 1,000 foot requirement, there are not many sites available since this is an urban setting. He stated according to the tax rolls, there are two other properties in the city which are owned by XTO and Chesapeake. Commissioner Redfearn questioned staff regarding what the nearest other potential gas well developments sites with regards to this site were. Ron Ruthven replied not having a specific location. He stated there are no sites in Southlake or in the city of Colleyville. Commissioner Dudziak opened the public hearing at 7:54 p.m. Aric Head, 5751 Kroger Drive, Keller, on behalf of Titan, came forward to present the case and brief the Commissioners. Commissioner Clardy questioned Mr. Head regarding the pipeline plan; what is the timeline for it with regards to the first drill? Mr. Head replied that Energy Transfer is working toward a pipeline plan for this area and staff has been presented a preliminary plan. He stated ideally the pipeline would be on site upon completion of the first wells. Commissioner Clardy stated if this request is approved essentially by the fall, a pipeline plan would have to be approved. Mr. Head stated ideally the pipeline would be on location at the time of the production of the first wells. He stated work can be done before the pipeline reaches the location. He stated the wells can be drilled and completed before the pipelines are in place. Commissioner Clardy questioned Mr. Head regarding whether there are plans to have a compression station on this site. Mr. Head replied no there is not. He stated a compression station is not a part of this SUP. Commissioner Dudziak questioned Mr. Head regarding if in the future there may be a compression station in Colleyville or other nearby locations. Mr. Head stated that was not a request by Titan. Commissioner Dudziak stated for clarity that Energy Transfer is the pipeline. Mr. Head concurred they are separate from Titan. He stated the need for a compression station would be a request made by Energy Transfer. Commissioner Dudziak questioned Mr. Head regarding the location of City of Colleyville Page 6 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 the nearest compression station. Mr. Head replied not knowing. Commissioner Phelps questioned Mr. Head regarding what the need is for a compression station. Mr. Head replied some pipelines will require the installer to install a compression station; however this is believed to be a low pressure pipeline that will not require a compression station from Titan. Commissioner Clardy questioned Mr. Head regarding the installation of permanent dehydrators; is that considered a closed loop system? Mr. Head replied the term closed loop system is for the fracturing pits and in this case Titan will use a closed loop system for the mud circulating pits. Commissioner Clardy questioned Mr. Head regarding condensation tanks. Mr. Head replied there are no plans for a closed loop ventilation system. However, there is no anticipation of any condensation. Mr. Head replied there will be tanks on site to hold the salt water and tanks will come and remove that water from the site. Those tanks are holding tanks. Commissioner Redfearn questioned Mr. Head regarding whether the condensation tanks are needed because of the geology of the shale and how far east Colleyville is located. Mr. Head replied correct, in this area a dry gas is produced. He stated if condensation tanks were necessary, they would be requested in this SUP request. Commissioner Redfearn questioned Mr. Head regarding if the site plan would change significantly requiring them to come back for approval. Mr. Head replied they would not look much different than the holding tanks that are currently on the site plan. Commissioner Redfearn questioned staff if the addition of condensation tanks would require the applicant to come back for approval. Ron Ruthven stated the tanks being proposed for this request are water holding tanks, therefore condensation tanks are for a wetter gas or oil which would require them to come back for approval. He also added that the air quality issues are usually around the condensation tanks. Commissioner Redfearn questioned Mr. Head regarding how many gas well drilling sites could you expect to see in Colleyville or that could be located in Colleyville. Mr. Head replied not knowing. Commissioner Redfearn questioned Mr. Head regarding what the nearest drilling sites are in relation to this one. Mr. Head replied not knowing. He stated this location is designed to service a very large location which is a efficient use of the surface at the present state. City of Colleyville Page 7 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 Commissioner Clardy questioned Mr. Head regarding if the frac pond will have to have a plastic liner? Mr. Head replied not knowing if it is required to be plastic or clay lined. Commissioner Clardy questioned Mr. Head regarding how the fish would stay alive when during the frac process, when the tanks are drained. Mr. Head replied the tanks are not completely drained. Commissioner Clardy questioned Mr. Head regarding the volume for the frac pond. Mr. Head replied around 500,000 to 700,000 gallons. Commissioner Clardy stated it would become necessary to pull from another water source. Mr. Head replied the frac operations are drawn out over a period of time; the tanks are being replenished. Commissioner Clardy questioned Mr. Head regardingwhether the 4.2 million gallons is used to frac an entire line. Mr. Head replied one lateral. Commissioner Clardy questioned Mr. Head regarding the life of the well? Mr. Head replied typically a well, horizontal lateral, is done in several years; it is not something that occurs frequently. Commissioner Phelps questioned Mr. Head regarding site or well safety, the emission concerns around certain pieces of equipment and during operations, what is on the site that could come out of an open hole and how would it be contained. Mr. Head replied the gas would vent to the atmosphere. He stated if there were liquids that were released, unscheduled, a berm would be installed to contain those liquids until a response crew can clean up. He stated this liquid would be primarily water. He stated the water tanks require a berm to be constructed around them. Commissioner Clardy questioned staff regarding dust mitigation, what is the frequency for a periodic clean up and who will be responsible for that clean up? Ron Ruthven replied they will be responsible for periodic clean up; however, if the city does the clean up, then the city will invoice them, Titan, for the clean up of the roads. Mr. Head replied the access road will be concrete with the location of the site itself to be gravel. Commissioner Dudziak questioned Mr. Head regarding the water from the frac process; are there any chemical worries for what the water contains? Mr. Head replied the water is removed from the tanks to the tanker trucks, therefore, there should be no exposure. Commissioner Dudziak questioned Mr. Head regarding if there are any hazardous designations required for the site. Chris Hammack, Titan Operating, stated there are no hazardous chemicals. He stated the chemicals are extremely diluted. City of Colleyville Page 8 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 Commissioner Phelps questioned Mr. Hammack regarding the sound buffering; there will be a 16 foot sound buffer at the initial drilling phase, correct? Mr. Hammack replied yes. Commissioner Phelps questioned Mr. Hammack regarding will there be any additional sound buffering. Mr. Hammack replied yes, the engines will be enclosed with buffering around the generators. Commissioner Dudziak questioned Fire Marshal Rob McKeown regarding if he is satisfied with the safety requirements. Rob McKeown replied yes and added that the fire department is working with another company with drill site experience to get additional training related to drilling. Commissioner Dudziak questioned Rob McKeown regarding how soon would it take a hazmat crew to get on site. Rob McKeown replied within an hour. He stated those issues are required to be in their emergency operations plan as well as points of contact. Jeanna Griffin, 803 Potomac Place, Southlake, spoke in opposition to the request with concerns for the setback requirements and with regards to the floodplain and private residence. David Adams, 165 Creekway Bend, Southlake, spoke in opposition to the request with concerns for water usage and the toxins in the water that is being shipped off site. Chris Monroe, 1500 S. White Chapel Blvd., Southlake, spoke in opposition to the request with concerns for safety issues, quality issues, pollution, and noise and with it being located in a residential area. Grady Walker, 7309 John McCain, Colleyville, spoke in support of the request. Beth Adams, 165 Creekway Bend, Southlake, spoke in opposition to the request and stated TCEQ and EPA have not completed their studies with regards to air quality testing. She stated the city should not rush into approving this request. Kevin Townson, 175 Creekway Bend, Southlake, spoke in opposition to the request and stated this request is not in the best interest of either of the communities. Stuart Johnson, 7504 Monroe Court, Colleyville, spoke in opposition to the request and stated that there are too many unanswered questions with regards to public safety. Diane Grillo, 7502 Monroe Court, Colleyville, spoke in opposition to the City of Colleyville Page 9 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 request and would like the city to consider a moratorium on drilling because of the safety issues related with drilling. David Rea, 1640 Bent Creek Drive, Southlake, spoke in opposition to the request with concerns for the safety issues and unanswered questions and discrepancies with the numbers of water usage. Wesley Quenichet, 5005 Oak Timbers Court, Colleyville, the property owner's son, spoke in favor of the request and stated the family has taken a considerable amount of time deciding about the drilling on their property. Lynn Buffington, 1400 S. White Chapel Blvd., Southlake, spoke in opposition to the request with concerns for the safety of the site and the unanswered questions and findings by TCEQ and EPA. David Buffington, 1400 S. White Chapel Blvd., Southlake, spoke in opposition to the request with concerns for the TCEQ and EPA findings as well as the safety issues of this site, and the truck traffic to and from the site. There being no one wishing to speak, the public hearing was closed at 9:11 p.m. Mr. Head and Mr. Hammack came forward to address the comments of the speakers and stated Titan is willing to provide factual documents to anyone wishing to see them. Commissioner Phelps questioned Mr. Hammack regarding what the timing is with regards to the construction of the fencing and/or landscaping be in place, before the first well is drilled. Mr. Hammack replied yes and stated shortly after the completion phase. Commissioner Dudziak questioned Mr. Hammack regarding what is the definition of a mud pit. Mr. Hammack replied the correct word is a closed loop system, which is a series of steel tanks that sit on the surface to capture any of the drilling mud or products. These products are contained in a steel tank and disposed of off site. He stated there is a process that separates the solids from the liquids and those are also stored and disposed of off site as well. He stated there are no liquids that hit the ground. Commissioner Dudziak questioned Mr. Hammack regarding whether there is a hazmat plan in place and would Titan participate in this plan if something were to happen on the site. Mr. Hammack replied it is a collaboration of all departments, fire department, the municipalities, as well as Titan. He stated they have a company that will be called in the City of Colleyville Page 10 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 event of a disaster. Commissioner Dudziak questioned Mr. Hammack if the Railroad Commission would get involved. Mr. Hammack replied yes all parties, Railroad and TCEQ, would be involved and Titan would take the leadership regarding how the event is handled. He stated the emergency notification plan has all of the important contact information. Commissioner Clardy questioned Mr. Hammack regarding why the potential pipeline is not being viewed at the same time as this request. Mr. Hammack replied that he believed staff has met with Energy Transfer on a preliminary basis. He stated as far as he knows the right of ways have not been acquired. Commissioner Clardy stated he thought that information should be available for public content before those right of ways are purchased. Commissioner Clardy questioned staff regarding if staff has a tentative time frame regarding the pipelines. Ron Ruthven replied the pipeline application will be submitted upon approval of the gas drilling request. He stated there is not a written process for a pipeline permit, therefore, the city can not require the applicant to submit a pipeline plan as part of this request. He further stated, legally, the Commission can not consider pipeline routes as part of the consideration of the gas well SUP. Commissioner Redfearn questioned Mr. Hammack regarding what additional regulations around environmental standards might be forthcoming from federal and state agencies. Mr. Hammack replied that he is not qualified to answer that question. He stated the TCEQ and EPA would be the ones to bring forth those recommendations or additional standards at which Titan would have to adhere. Commissioner Dudziak questioned Mr. Hammack regarding whether newer standards or regulations are developed, if Titan will adhere to those standards? Mr. Hammack replied yes, that is his understanding. Commissioner Phelps questioned City Attorney Kallas regarding what fine or penalty would occur if those standards were not adhered to, is the city tied to what they can limit? City Attorney Kallas concurred and stated the city can not go above and beyond what the federal and state regulates. He stated there is a $2,000 fine and penalty. Commissioner Phelps questioned Mr. Hammack regarding what is the anticipated maximum pressure for the lines is. Mr. Hammack replied as proposed 200 pounds, a low pressure system. He stated a sustained pressure. Commissioner Phelps questioned Mr. Hammack regarding if the City of Colleyville Page 11 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 pipelines are being put in place with the anticipation that the lines could be higher pressure. Mr. Hammack replied he would have to refer to Energy Transfer for their specific design standards. Commissioner Clardy stated there are things that still need to be addressed; he stated it appears that this needs to be held again at a later date. Commissioner Redfearn concurred and stated the challenge is how local law fits into the federal and state regulations. He stated it is very difficult to move forward with so many concerns with the environmental issues, air and water being the primary ones. Commissioner Phelps concurred and stated he appreciated the fact that Titan and staff have addressed most of these issues. He stated it would be nice to have some insight on what the federal and state regulations are going to do. He stated not wanting to rush this process and to address some of those unanswered questions. Commissioner Dudziak somewhat concurred and stated there are risks; however, there is more research to be done. He stated he would like some more clarity before moving forward. Commissioner Dudziak moved to table case ZC10-003. Commissioner Redfearn seconded. City of Colleyville Page 12 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 The motion failed by the following vote: Aye: 3 -Dudziak, Redfearn, Phelps Nay: 1 -Clardy Absent: 1 -Rotthaus Excused: 2 -Knox, Byerly Commissioner Clardy suggested moving this to a date later than the next Planning and Zoning Commission meeting. He stated two weeks is not enough time for the questions to get answered. City Attorney Kailas suggested tabling to a date specific. Commissioner Dudziak stated it would be good to have public input at the meetings to move this along. Ron Ruthven reminded the Commissioners that there will be a meeting on May 24, 2010 because of the tabled item. Commissioner Clardy suggested the June 14, 2010 date since he will not be available for the May 24, 2010 meeting because of travel issues. He stated with him being gone and two Commissioners recusing themselves, the minimum would be four Commissioners again. Ron Ruthven stated if the Commissioners have specific items they would like to have addressed, to please meet with staff regarding those issues or state it here. Commissioner Redfearn stated regardless of the vote, the applicant can still take this to City Council. Ron Ruthven stated if the Commission denies the request, yes, the applicant can appeal the request to City Council, however, it would require a supermajority vote. Commissioner Clardy moved to table case ZC10-003 until the June 14, 2010 meeting. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Clardy, Phelps Absent: 1 -Rotthaus Excused: 2 -Knox, Byerly 8b Approval of a request for a Special Use Permit for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804 City of Colleyville Page 13 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 Colleyville Boulevard, Case ZC10-007 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Clardy questioned staff regarding the SUP which was approved adjacent to this property, were they allowed to have a trailer parked at the back portion of their property? Ron Ruthven replied yes, they were allowed to have a trailer for the business parked on the back portion of their property. Commissioner Clardy stated staff is denying this request to park a trailer on this property. Ron Ruthven stated staff is recommending denial specifically for the parking of personal trailers on the subject property. Commissioner Byerly opened the public hearing at 7:14 p.m. Danny LaPier, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned the applicant; is not being able to park a motor home or boat on the property an impediment? Mr. LaPier stated at this time he does not own such property but in order to be compliant with the ordinance, if in the future he does own such property, he would like to be able to park them on his property. Commissioner Dudziak questioned Mr. LaPier if he wants to be open on Saturdays? Mr. LaPier stated he did not want to push the issue with being allowed. He stated he would like to be open on Saturdays. Commissioner Byerly questioned Mr. LaPier regarding what hours would he propose for Saturday; the same as during the week, 7 a.m. to 7 p.m.? Mr. LaPier replied 8 a.m to 12 p.m. Commissioner Clardy questioned Mr. LaPier if he has a trailer he uses for his business? Mr. LaPier replied they have a car trailer but that is it. He stated eventually he would like to park his daughter's heifer trailer there. There being no one wishing to speak, the public hearing was closed at 7:17 p.m. Commissioner amendment to a.m. to 7 p.m. seconded. Redfearn moved to approve the hours of the business be and Saturday 8 a.m. to noon case ZC10-007 with the Monday through Friday, 7 Commissioner Dudziak City of Colleyville Page 14 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus 8c Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008 Commissioner Phelps recused himself from this item and signed an affidavit. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:19 p.m. There being no one wishing to speak, the public hearing was closed at 7:20 p.m. Commissioner Redfearn questioned staff regarding what types of licensing is required by the state for a private school. Ron Ruthven replied not knowing at this time. He stated knowing that the state does have standards for such facilities. Commissioner Redfearn moved to table case ZC10-008 since the applicant was not present. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly Absent: 1 -Rotthaus Excused: 1 -Phelps 9. TABLED PUBLIC HEARING AGENDA ITEMS 9a Approval of a replat for 0.24 acres on Tract 3B1A, Abstract 936 of the M. Looney Survey and 2.0 acres on Lot 44R, Block 1 of the Riverwalk at Colleyville Addition located at 1206 Nueces Court and 1200 Riverwalk Court, Case PC10-004 Commissioner Clardy moved to take item 9a case PC10-004 from the table so that this item could be heard. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus City of Colleyville Page 15 Printed on 5/24/2010 Planning and Zoning Commission Minutes -Final May 10, 2010 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding whether the address issue brought up in the previous meeting was discussed. Ron Ruthven replied yes, the address had been discussed with the Riverwalk HOA and they were in agreement that at the time of building permits, the address would reflect 1120 Nueces Court. Commissioner Byerly moved to approve case PC10-004. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 10. ADJOURNMENT The meeting adjourned at 9:44 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 7, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved at the May 24, 2010 meeting. City of Colleyville Page 16 Prlntea on aa4icvw