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Minutes P&Z 09/13/2000MINUTES OF A PUBLIC HEARING / REGULAR SESSION FOR THE PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB 13 September 2000 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing/Regular Session on 13 September 2000, at 6:30 P.M. in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Gene Hill present Rick Gilliland present Clayton Reed present Bob Ashby present Mark Shegon present STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Stan Hamrick Planning Consultant David Miller Police Chief Bill O'Loughlin Sprint PCS, Site Development Dave Petrakovitz Fossil Creek Land Co. Jim James Representative for Fellowship United Methodist Church Bonita Turner Resident 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:08 p.m., and announced a quorum was present. PUBLIC HEARING 2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING. Chairman Hill briefed the Commission and the audience on the format of the Hearing. Mr. Hamrick addressed the Commission. The 1996 Telecommunications Act that the Federal Government has put forward sets the basic rules for how we will permit towers at the local government level. The rules are fairly simple and straight forward, however they are different from what we are used to deal with from a standard zoning case. Basically the Town is not permitted to discriminate between providers. The Town may not take the stance that we do not want wireless facilities within our Town. Beyond that, we are limited in regulating based on health concerns. The Federal Communications Commission (FCC) handles health concerns and they will determine what is safe and unsafe. Any reasons for denial must be provided in writing, with substantial evidence that would show the facility would be a detriment to the municipality. I -'-Ianning & Zoning Public Hearing & Regular Session 13 September 2000 Mr. Bill O'Loughlin, Sprint PCS, introduced Mr. David Petrakovitz and addressed the Commission. The way a tower site is selected is based on the following. Unlike cellular service that roams, PCS service does not. When calls are not reaching their destination due to a weak signal, Sprint's Customer Service Department identifies the need for additional towers and reports to the Marketing Department. From there a site is identified and contact made. Initially, a small piece of land was selected near Trophy Lake Drive, extremely close to residences. Subsequently, the Pat McCombs fields were also researched, however, it was discovered the property was in not only a flood plain, but a flood way as well. At that time, Sprint contacted and met with Donna Welsh and Cathy Morgas, and the proposed site was selected. The tower will be a 120' monopole with a 6 -mile radius. The pole will not be pointed; it will be constructed of galvanized steel. As calls become more frequent, the radius will diminish. The number of calls the tower will have the capability to receive per hour will be approximately 2,500. No future carriers would require an additional pole. Additional providers to possibly co -locate: Southwestern Bell, AT&T, Verizon, Voicestream, Metrocom, and Nextel to name a few. Two additional carriers would be able to co - locate with the way the proposed tower is designed. The tower will be designed to withstand 80 mile per hour winds. 3. PLANNING & ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: A. REQUEST FOR THE CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A NON-GOVERNMENTAL INDEPENDENTLY SUPPORTED COMMERCIAL ANTENNA FACILITY, LOCATED TO THE WEST OF THE TROPHY CLUB/ WESTLAKE DEPARTMENT OF PUBLIC SAFETY BUILDING, 102 MUNICIPAL DRIVE, (APPLICANT: BILL 0' LOUGHLIN, SPRINT PCS). 4. PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/ OR CONTINUE TO A DATE CERTAIN. 5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION. REGULAR SESSION 7. PLANNING & ZONING COMMISSION TO TAKE APPROPRIATE ACTION AND MAKE A RECOMMENDATION TO THE TOWN COUNCIL REGARDING: 2 Planning & Zoning Public Hearing & Regular Session 13 September 2000 A. REQUEST FOR THE CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A NON-GOVERNMENTAL INDEPENDENTLY SUPPORTED COMMERCIAL ANTENNA FACILITY, LOCATED TO THE WEST OF THE TROPHY CLUB/ WESTLAKE DEPARTMENT OF PUBLIC SAFETY BUILDING, 102 MUNICIPAL DRIVE, (APPLICANT: BILL O'LOUGHLIN, SPRINT PCS). Vice Chairman Gilliland made a motion to recommend approval of the conditional use permit on the property as stated, with the following conditions: The monopole will be a galvanized pole and that all equipment mounted in view on the pole would be either galvanized or painted light gray to match the color of the pole. Also, in the future, if the tower ever needed to be painted, the same guidelines would be adhered to concerning the light gray paint to match the tower. 2. The area surrounding the MCBTS for both Sprint PCS and future carriers would be concreted and that it would be directed to drain, taking all drainage from the site to the north, and away from adjacent properties. 3. The fence surrounding the site is at least, as tall or taller than any equipment on the site and that the equipment would be completely screened from view. If there is an area immediately around the site that is higher allowing a site line down into the area, then the fence would be constructed taller, to screen the view from surrounding properties. 4. And finally, all drainage would be into the drive, away from the adjacent property owners, to the property the site is being located on. Motion: Gilliland Second: Reed Chairman Hill offered the item for discussion. Commissioner Shegon stated he feels the tower will dominate the skyline of the Town at 120 feet on the top of a hill. It will be a beacon and it will overshadow what has been done with the addition of the clock tower. He went on to say that it runs counter to the upscale feel of the Town, and he is not convinced that all the site options were exhausted during the site selection process. Vice Chairman Gilliland stated that given that we do not have a lot of choice as far as whether or not we take it, there is little or no commercially zoned property in Trophy Club that would provide a better alternative site. Locating the tower in the north section of the Town is not a viable alternative because in the future, at some point, that land will have houses built on it. The conditions he previously stated are minimums. Commissioner Ashby suggested there be assurances by Sprint PCS that additional items are addressed such as adequate erosion control to ensure that there are no erosion Planning & Zoning Public Hearing & Regular Session 13 September 2000 problems during construction that would put any silt or heavy soil down into the drainage areas behind the site as well as if any of the construction causes any drainage problem in the reverse to the south, southeast, those problems would be addressed and resolved to eliminate the problem. Police Chief David Miller asked Mr. O'Loughlin the following questions: Q. Sheet A-1 R, of the construction plans, shows a concrete finish driveway. Sheet A- l. I R, shows a gravel finish driveway. A. The driveway will be constructed of a concrete finish. Q. Sheet A-] R, of the construction plans, shows an eight (8) foot tall privacy fence going around the entire site of the tower, however, the artists rendition shows the fence coming all the way up the northwest corner. A. That will be dictated by the Town's Building Department. Whatever they will require, Sprint will follow and build accordingly. Chief Miller pointed out a few points to the residents that will be cost beneficial to the Town: Currently the DPS operates off an 800 Megahertz system, and Denton County Sheriff's Department dispatches them. The Water and Wastewater Departments use a lower 800 frequency to be able to broadcast during repairs. Sprint PCS has agreed to take the Town's existing system and move it to their proposed site location; allowing the Town offices, DIPS and Public Works, to communicate within the Town. That capability is crucial to the Water Department because there are several "dead" areas within the Town that will not allow them to transmit from. 2. Sprint PCS has also agreed to move the Town's current Fire Department paging system to their tower, allowing a much clearer signal to come in from Denton County. Currently on bad weather days, the Fire Department has signal problems. This will also help alleviate signal problems occurring with the Fire Department. If the Town were to move the systems themselves, it would cost approximately $20,000 to $25,000. Sprint PCS has agreed to move the Town's systems at their cost. 3. Finally, as the Town of Trophy Club grows, communication becomes very important. Due to the increased call volume within the Department of Public Safety, eventually the Town will require it's own communication system. Currently Trophy Club has a contract with Denton County, however as our call volume increases, we place a strain on their dispatchers and their system. Most likely within the next twenty-four (24) months, Trophy Club will require it's own dispatching system. By co -locating on the Sprint PCS tower, the Town's system will be able to make contact with the repeater tower in Denton County. If the Town built it's own tower, the cost would be approximately $125,000. 0 Planning & Zoning Public Hearing & Regular Session 13 September 2000 Therefore, the proposed Sprint PCS tower has definite benefits to the Town as well as the residents from a Department of Public Safety standpoint. Chairman Hill called the specification for the use of railroad ties to the attention of Mr. O'Loughlin and Mr. Petrakovitz. The town requires that retaining walls be constructed from a masonry product. Mr. Petrakovitz stated that Sprint would construct a retaining wall according to the Town's specifications. Also, Chairman Hill asked that the fence be constructed of cedar and mentioned the height of the fence may need to be addressed at a later date. Mr. Hamrick informed the Commission that they were approving a use permit and all applicable building codes and specifications as well as all engineering work must comply with the Town's requirements, regardless of what is done with the site plan. Commissioner Ashby stated that he would like assurances from Sprint PCS that any utilities that may be moved accordingly will be relocated and made accessible at Sprint's expense. Commissioner Reed stated that he would prefer not to see a tower in Trophy Club, and with FCC regulations, there is not much leeway provided for the Town. However, from a DPS standpoint, a tower would most likely end up on the site anyway. Vice Chairman Hill said that if Trophy Club has to have a tower, it is much better to have a monopole, than a latticework tower. The Town is limited according to FCC regulations, and the Town must allow the use as long as it meets all of our criteria, which it does. Therefore, the idea is to go for the best possible tower we can get. Vice Chairman Gilliland made a motion to amended his previous motion to add the provision that there be no on-site fuel storage facilities. U.M71 =.. Motion: Gilliland Second: Reed Ayes: Reed, Hill, Ashby Nays: Gilliland, Shegon Action: 3-2 Motion carried. A recommendation will be made to the Town Council to approve the request for a conditional use permit with the previously mentioned stipulations. 8. REPORTS FROM COMMISSIONERS, OTHER MATTERS. Chairman Hill updated the Commission on the lights located at the Trophy Club Plaza. 5 Planning & Zoning Public Hearing & Regular Session 13 September 2000 9. REPORTS FROM STAFF. Ms. Fleck updated the Commission on the landscaping at the Trophy Club Plaza. Chairman Hill adjourned the meeting at approximately 8:35 p.m. Gene Hill, Chairman �. C Kerih C. Fleck, Plann & Zoning Coordinator KCF/PLANNING&ZONING/MINUTES/JUL,AUG,SEP/ 09132000 PH & REG SESS MTG [I I/9/00 10:57:12 AM] X