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Minutes P&Z 03/15/2001MINUTES OF A REGULAR SESSION FOR THE PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB 15 MARCH 2001 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session on 15 March 2001, at 6:30 pm in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill present Vice Chairman Gilliland present Commissioner Ashby excused Commissioner Reed present Commissioner Rodgers present Commissioner Shegon present Commissioner Sheridan present STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Dan Boufwell Planning Consultant Patricia Adams Town Attorney Ed Grandineth Resident/Applicant 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 6:30 pm, and announced a quorum was present. 2. DISCUSSION AND APPROPRIATE ACTION REGARDING A REQUEST FOR A WAIVER TO FENCE ORDINANCE 2000-17, AT 44 CREEKSIDE DRIVE, LOT 5, BLOCK 13 @ THE LAKES, (APPLICANT: ED GRANDINETH.) A. PRESENTATION BY APPLICANT Mr. Grandineth addressed the Commission. He said the main reason for applying for the waiver was to increase the size of the rear yard to accommodate a pool if he decided to put one in, as well as to have more backyard space overall. He explained the fence lines on the plot plan, where the fence would be without the waiver, and where the fence would be with the waiver. If the request were granted, the rear yard would increase by one thousand (1,000) square feet. 0 Planning & Zoning Regular Session 15 March 2001 Mr. Grandineth's house has not yet been built. The lot behind him does have a house and the fence is located on the building line, the proper location. He went on to say that his neighbor will also apply for a fence waiver in the future. B. INPUT FROM PUBLIC No members from the audience requested to speak about this agenda item. C. COMMISSIONER'S DISCUSSION Chairman Hill clarified a few points. The lot is currently vacant and when the house goes in, the sidewalk will be completed. The sidewalk is approximately a four (4) foot sidewalk set four (4) to five (5) feet in from the curb. If the waiver were granted, the fence would be approximately within one (1) to two (2) feet from the sidewalk. Chairman Hill went on to say that the fence ordinance provides for the Commission to review and determine whether or not the regulations and standards of the ordinance will constitute an unnecessary hardship. Vice Chairman Gilliland stated he is fundamentally opposed to waivers of this type in this neighborhood because there was a very specific purpose for holding the fences back to the property line and that was to prevent the "tunnel effect" down the street. However, to date, this is the first fence waiver request he has seen that in his opinion has any merit. The lot behind the applicant has plenty of rear yard. Vice Chairman Gilliland stated that he would be in favor of granting this waiver with the specific condition that the waiver start at the back wall of the house, and then taper in diagonally at the side property line and the rear building line, in order to tie in with the fence behind the applicant's lot. Commissioner Reed stated that he could not see any hardship in the case, he is not in favor of the request. Commissioner Shegon stated that he was in agreement with Vice Chairman Gilliland. Commissioner Sheridan said that he was in agreement of the request. Commissioner Rodgers said that she did not feel the case presented a hardship. Commissioner Reed added one more comment. He said that there are many people who would like a larger back yard. If the waiver is going to be granted just to give the applicant a larger yard, the Commission is liable to see a flood of requests. 2 Planning & Zoning Regular Session 15 March 2001 Chairman Hill confirmed with the applicant that he would not be able to cross the side yard building line with a pool. Vice Chairman Gilliland made a motion that the waiver be granted specifically to a location beginning at the rear street side corner of the house, going perpendicular to the property line, following it back to the rear building line and then diagonally across the corner of the lot tying into the side set back line at the rear property line. This is based on his perception that this lot, due to it's unique location and shape of the back yard, under ordinary circumstances would be uniquely and effectively extremely small and almost unusable as a back yard. Motion: Gilliland Second: Shegon Commissioner Shegon clarified the placement of the fence in the waiver. Vice Chairman Gilliland stated that he would be in favor of amending his motion to allow for the point of beginning for the fence to be a maximum of fifteen (15) feet in front of the rear corner of the house in order to allow a side elevation window to be included in the waiver. Amended Motion: Gilliland Second: Shegon Ayes: Sheridan Nays: Hill, Reed, Rodgers Action: 3-3-1 Motion denied. The Commission did not feel any other motion would change the outcome of their votes. This motion will be forwarded to the Town Council at their 2 April 2001 meeting. The applicant was excused. 3. PRESENTATION AND DISCUSSION REGARDING THE PROPOSED CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE NO. 2000-06 P&Z, SECTION 42 - TRANSMITTING AND RECEIVING ANTENNAS AND OTHER ANTENNA FACILITIES. (APPLICANT: TOWN OF TROPHY CLUB, PRESENTATION BY PATRICIA ADAMS, TOWN ATTORNEY AND DAN BOUTWELL, PLANNING CONSULTANT.) 3 Planning & Zoning Regular Session 15 March 2001 A. PRESENTATION Mr. Boutwell discussed the items that had been changed from the last meeting. Typographical errors were corrected. Patricia Adams presented the changes she had made to the document from the last meeting. C. Applicability/General Regulations: 13. Conditional Use Permit Requirement: A Conditional use permit +s shall be required frern the ZeRiRg Beerd ef for an antenna or antenna facility which will not comply with any requirement of this section. See Section J. Conditional use permits. I. Antenna Facility Siting Matrix: Antenna Facility Siting Matrix Permitted Use Monopole over 120 ft. Monopole up to 120 ft. J. Conditional Use Permit: Requires a Conditional% Prohibited Use Permit I Application: In addition to any information required for applicants for conditional use permits under the Zoning Ordinance, In order to properly evaluate an application to locate an antenna facility or an antenna that requires a conditional use permit, in addition to the information required for applicants applying fef from conditional use permits under other provisions of the Town's Zoning Ordinance 0 Planning & Zoning Regular Session 15 March 2001 the applicant for a conditional use permit under this section shall provide the following information: 2. Consideration of application: In considering whether to grant a Conditional Use Permit, the Tewn sh,-II following shall be considered: e. The zoning district and the adjoining districts of the property for which -[ Conditional Use Permit is sought; and 3. Procedures for Consideration of Conditional Use Permit: The procedures for consideration of an application for conditional use permit requested under this section of the ordinance shall be the same as those procedures for request of a conditional use permit under Article 6, Section 44 of this ordinance, InG! it—met limited- to all seGfie-ns refereRG-d K. Written Report Upon Denial of Request: Denial of an application for conditional use permit under this section shall be documented in accordance with the requirements established in the Telecommunications Act of 1996, as amended. L. Appeal-.--: An applicant may appeal Zoning Administrator to the Planninq the decision of the Planning & Zoning Commission by filing and a written Notice of Appeal within ten (10) days following the date the Administrator notifies the applicant of his decision. The Planning and Zoning Commission may approve, conditionally approve, or deny an appeal. The GQ0IiGGRt PAGY GOP-eGl thE? •PIGRRiRQ GREJ ZE)R* QeMFAiSSiGR'S deRiGI te the TGwn COURGil by filiRGI G W�#eR NGtiGe—ef AppeGI with the TeWR S8GFefGFY WithiR ("Q) '--'GYS fGIIGWiR.GJ thp, deLqiGI by the GeRqMiSSiGR. A degisieR Ret tiMek' GF)19(QGled iR GGGGFGlGRGe With thiS SeGtiOR ShGII be fiRGI. B. INPUT FROM PUBLIC No requests to speak were made from the public. C. COMMISSIONER'S DISCUSSION Commissioner Shegon had no comments. Commissioner Sheridan clarified that the Town cannot legally require an applicant to co -locate. Ms. Adams stated that the ordinance is asking the applicant to attempt to co -locate. 5 Planning & Zoning Regular Session 15 March 2001 Chairman Hill stated that the Commission had been working on this section of the Comprehensive Zoning Ordinance for several meetings and he felt all areas had been addressed thoroughly. Ms. Fleck said that the Commission would be able to conduct a public hearing in order to make a recommendation to the Town Council for this item at the 5 April 2001 meeting. The Town Council will hold their public hearing 16 April 2001. 4. REPORTS AND COMMISSIONER'S DISCUSSIONS; OTHER MATTERS. Commissioner Shegon asked about the procedures in place regarding planned development ordinances. Chairman Hill told the Commission that he would be out of the country during the month of June, therefore he would not be attending the Planning & Zoning or Town Council meetings for that month. 5. REPORTS FROM STAFF. There were no comments from staff. 6. ADJOURNMENT. Chairman Hill adjourned the meeting at approximately 8:45 pm. Gene Hill, Chairman (P/1 M-_ n ...... ... . .. ...... ... Ke in C. Fleck, Plannin & Zoning Coordinator KCF/PRIVATE/PLANNING&ZONING/MINUTES/2001 /MARCH/03152001 REG SESS MTG [3/29/01 2:37:25 PM]