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Minutes P&Z 06/07/2001MINUTES OF A PUBLIC HEARING & REGULAR SESSION FOR THE PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB 7 JUNE 2001 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing and a Regular Session on 7 June 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 Vice Chairman Gilliland Commissioner Ashby Commissioner Reed Commissioner Rodgers Commissioner Shegon Commissioner Sheridan STAFF AND GUESTS PRESENT: Kerin C. Fleck Dan Boutwell Bill LeGrand Jim Barnett Mike Crain Mike Esfandi James Connel Dwayne L Baker Stephanie Cline Smith K. Brock Bailey James Duffey Anne Duffey Kathleen Anderson Mark Hernandez Tiffany Hernandez Traci L Love JC Sampson excused present present present present present present Planning & Zoning Coordinator Planning Consultant Director of Public Works Applicant/ Sprint PCS Applicant/ Sprint PCS Applicant/ Sprint PCS Applicant/ Sprint PCS Applicant/ Sprint PCS Applicant/ Sprint PCS Attorney representing Sprint PCS Property Owner - 4 St. Andrews Court Property Owner - 4 St. Andrews Court Property Owner - 13 Brook Hollow Court Property Owner - 7 St. Andrews Court Property Owner - 7 St. Andrews Court Property Owner - 8 St. Andrews Court Property Owner - 5 St. Andrews Court 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Vice Chairman Gilliland called the meeting to order at 6:32 pm, and announced a quorum was present. PUBLIC HEARING 2. PLANNING & ZONING COMMISSION TO OPEN PUBLIC HEARING. A motion was made to open the public hearing. Planning & Zoning Public Hearing & Regular Session 7 June 2009 Motion: Reed Second: Ashby Ayes: Gilliland, Rogers, Shegon, Sheridan Nays: None Action: 6-0 Motion carried. 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 CO -LOCATED, WIRELESS ANTENNA FACILITY, LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114 AND SOUTH OF 7 SAINT ANDREWS COURT, WITHIN A TXU EASEMENT. APPLICANT: SPRINT PCS. (CUP -01-002) Mr. Boutwell addressed the Commission. The antenna facility is a stealth facility tower, but due to the height of the proposed tower, it will require a conditional use permit. The applicant is proposing to change out an existing TXU pole with a new pole able to hold the weight of the antenna equipment, and extend the tower fifteen (15) feet in height. Staff has asked that the tower be as stealth as possible, recommending the "low profile extended arm" antenna. Staff has also asked the applicant to provide the Town with the decorative wall and landscaping detail that will be used to screen the equipment. TXU will be more likely to approve the screening wall in their easement if the Town has approved the structure first. The lights proposed on the equipment building are unacceptable. Mr. Boutwell would not recommend any lamp greater than one hundred (100) watt. Mr. Barnett addressed the Commission and handed out a detail of what the screening will look like. Sprint is proposing a concrete/masonry, pre -fab wall. It's designed to look very similar to the fences currently in the area, except it will be much more sturdy than the current wood fences. As far as the lighting that is proposed on the plan, it is the generally proposed lighting for Sprint's towers, however a timed switch with auto cut-off is possible. The tower is proposed to be raised to one hundred (100) feet. The following property owners addressed the Commission: Jim Duffey - 4 St. Andrews Court What is the height of a low profile antenna vs. the proposed one hundred (100) plus, foot antenna? Why was this site picked when there are other alternative sites that won't have a direct effect on the personal property of these homeowners? Vice Chairman Gilliland responded to the first question by stating that the height of the antenna is not significantly different one way or the other. What is being discussed is N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\June\06072001 PH & REG SESSION.doc [7/30/01 8:55:43 AM] FA Planning & Zoning Public Hearing & Regular Session 7 June 2001 the mounting brackets at the top of the pole. The only difference is how they are attached to the pole. Pictures of "low profile" antennas and "high profile" antennas were shown to Mr. Duffey in order to further explain the difference between the two classifications. Mr. Boutwell informed the members of the audience that the Commission was referring to the Town's wireless antenna facilities ordinance. Ms Fleck will provide a copy to anyone requesting a copy. Vice Chairman Gilliland discussed the second question asked by Mr. Duffey. Mr. Boutwell further explained how a site is chosen. Mr. Barnett stated that the proposed site was chosen basically for it's height and elevation. Also, it's not in the main entry -way into the Town. Mr. Duffey asked how the height of the tower would fit in with the other existing poles. Mr. Barnett said it will be the same as what was done on the Voice Stream tower. Anne Duffey - 4 St. Andrews Court How close is the top of the antenna to the fences backing up to SH 114? Vice Chairman Gilliland said it will be approximately one hundred (100) feet high. Mrs. Duffey stated concern for the property values. Mr. Boutwell discussed the passing of the Telecommunications Act passed in 1996 by the Federal Government. Kathleen Anderson - 13 Brook Hollow Lane Why isn't the pole being proposed in a more commercialized area? Mr. Crone, Fossil Creek Land Company addressed the Commission. He went on to say his company was retained by Sprint to acquire the property in question. Approximately eight (8) areas were discussed. However, much of the locating of the towers was based on an RF medium, therefore, most of the areas were not as good as the area being proposed. Mr. Esfandi explained how the proposed site is chosen. Mr. Crane said that two (2) other TXU structures were looked at, however, based on the expansion of SH 114 space at the base of the structure was limited and the two (2) sites were eliminated. JC Sampson - 5 St. Andrews Court Are there any guide wires that will be running up the tower? N:\kfieck\Private\PLANNING & ZONING\Minutes\2001\June\06072001 PH & REG SESSION.doc [7/30/01 8:55:43 AM] 3 Planning & Zoning Public Hearing & Regular Session 7 June 2001 Vice Chairman Gilliland reiterated that the tower will be exactly like the TXIJ poles that are currently in place. Mark Hernandez - 7 St. Andrews Court What is the square footage of the base structure? Will there be any leveling requirements? As technology changes is there a commitment or restriction that can be placed on the application so that the pole will be removed or replaced? Mr. Barnett said the dimensions of the screened equipment are proposed to be twenty -five (25) feet long, from north to south and twenty (20) feet wide. Vice Chairman Gilliland asked the applicant how the screening structure will be situated in the thirty five (35) foot easement. Mr. Barnett said it would be on the outward side of the berm, closest to SH 114 and referred further questioning to Mr. James Conner. Mr. Conner addressed the Commission. To level the berm, they will cut into the berm and build a retaining wall so that the berm will stay in place. The retaining wall will be approximately a maximum of three (3) feet in height. JC Sampson - 5 St. Andrews Court Mr. Sampson asked why the tower could not be built to the west? Mr. Boutwell further explained the Federal Communication Act and discussed the requirements that must be met under the Town's wireless antenna ordinance. Anne Duffey - 4 St. Andrews Court By right, could Sprint put any structure on and/or below the tower? Also, whom will the tower accommodate, emergency 9-1-1 calls or other non -emergency phone call? Vice Chairman Gilliland responded that as long as it met the requirements of the ordinance. Mr. Boutwell stated that the tower will have the capacity to receive emergency, and non -emergency calls, as well as all other devices that use the same signal. Tiffany Hernandez - 7 St. Andrews Court Will the tower be removed if if is no longer needed? Mr. Boutwell said that there was no way that aspect could be enforced because a contract could not be required of applicant. Traci Love - 8 St. Andrews Court Will the ground facility be maintained? Vice Chairman Gilliland stated that the ground equipment will be required to be maintained in order to meet the requirements of the Town. N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\June\06072001 PH & REG SESSION.doc [7/30/01 8:55:43 AM] M Planning & Zoning Public Hearing & Regular Session 7 June 2001 4. PLANNING & ZONING COMMISSION TO CLOSE PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. A motion was made to close the public hearing. Motion: Ashby Second: Reed Ayes: Gilliland, Rodgers, Sheridan, Shegon Nays: None Action: 6-0 Motion carried. 5. PLANNING & ZONING COMMISSION TO CONVENE INTO A REGULAR SESSION. *REGULAR SESSION 6. DISCUSSION AND CONSIDERATION OF APPROPRIATE ACTION RELATIVE TO THE PLANNING & ZONING COMMISSION'S RECOMMENDATION TO THE TOWN COUNCIL REGARDING THE ADOPTION OF THE FOLLOWING: A. REQUEST FOR THE CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A CO -LOCATED, WIRELESS ANTENNA FACILITY, LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114 AND SOUTH OF 7 SAINT ANDREWS COURT, WITHIN A TXU EASEMENT. APPLICANT: SPRINT PCS. (CUP - 01 -002) Commissioner Shegon asked the height of the walls and the berm. Mr. Conner said the top of the berm will be five (5) feet above the existing service road. The top of the wall will be about three (3) feet above the top of the berm. Sprint is working with TXDOT in relation to how the drainage in the area will be effected. Commissioner Shegon requested a site plan showing a cross section thru the area, a drainage plan, a landscape plan and a detail on the construction materials that will be used for the site. Commissioner Rodgers asked for further explanation as to why the applicant is requesting fifteen (15) additional feet. Mr. Esfandi explained further and said they could change the antenna design from a triangle top design to a lower profile, flush -mount antenna design. Commissioner Reed addressed the audience and explained the options available to the Town regarding the placement to antenna facilities. Commissioner Sheridan asked the applicant how they would be able to get the masonry wall approved. N:\kfleck\Private\PLANN1NG & ZONING\Minutes\2001\June\06072001 PH & REG SESSION.doc [7/30/01 8:55:43 AM] 5 Planning & Zoning Public Hearing & Regular Session 7 June 2001 Mr. Barnett said the type of equipment Sprint has, cabinets on steel platforms, will not be effected by rainfall or water -flow. The equipment is right at, or just below the eight (8) foot masonry wall. Sprint has installed fences and walls similar to the proposed wall in the past. Lights are needed for maintenance at night. The equipment is in cabinets and the size of the components is very small. Trucks with lights are not easily driven up to the area due to space confinements. Commissioner Sheridan asked about the drainage plan. TXDOT is currently reviewing the drainage plan submitted by the applicant. Commissioner Sheridan suggested the Commission wait to hear back from the applicant about the following items: The equipment not exceed eight (8) feet No photo -cell, the light should be on a switch Further details on the masonry wall Commissioner Ashby pointed out typographical errors in the construction notes, asked for further details on the generator and foundation. Mr. Boutwell said the setbacks for the drive cut in relation to Precinct Cline Road are being reviewed by Parsons Engineering on behalf of the Town of Westlake to ensure the proper distances are approved. Mr. Baker said the lights will be placed below the fence line, instead of raised above the fence. Commissioner Ashby asked what the minimum wattage of the lights is in order to work safely within the cabinets at night. Mr. Baker stated Sprint could install drop lights at a lower wattage. Commissioner Sheridan asked Mr. Boutwell whether or not TXDOT has indicated they will install a sound barrier wall along that section of SH 114, and if they do what side of the equipment would it go on. Mr. Boutwell said he did not have any knowledge of TXDOT's plans. Mr. LeGrand said TXDOT has indicated they won't install any sound walls, however if they did they would accommodate TXU's accessibility to the power lines by putting it along the back side of the easement. Commissioner Ashby had no further comments. Vice Chairman Gilliland stated that he would like to see additional details before a recommendation is made to the Town Council. He went on to ask about the mounting position of the GPS lights. Mr. Baker said the lights could be moved to the top of the tower. N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\June\06072001 PH & REG SESSION.doc [7/30/01 8:55:43 AM] r Planning & Zoning Public Hearing & Regular Session 7 June 2001 A motion was made to table this item and continue discussion in order to see additional details on grading, drainage, lighting, elevations, materials and landscaping. Motion: Shegon Second: Ashby Ayes: Gilliland, Reed, Sheridan, Rodgers Nays: None Action: 6-0 Motion carried. The motion was amended to table this item to a date certain, 12 July 2001, in order to see additional details on grading, drainage, lighting, elevations, materials and landscaping and also change the regular session meeting date from Thursday 5 July 2001, to Thursday 12 July 2001. Amended Motion: Shegon Second: Ashby Ayes: Gilliland, Reed, Sheridan, Rodgers Nays: None Action: 6-0 Motion carried. 7. REPORTS AND COMMISSIONER'S DISCUSSIONS; OTHER MATTERS. There were no comments or reports from the Commission. 8. REPORTS FROM STAFF. There were no comments or reports from staff. 9. ADJOURNMENT. Vice Chairman Gilliland adjourned the meeting at approximately 8:37 pm. Ri k Gilliland, Vice Chairman Kerin C. Fleck, Planning 4 Zoning Coordinator N:\kfleck\Private\PLANNING & ZONING\Minutes\2001\June\06072001 PH & REG SESSION.doc [7/30/01 8:55:43 AM] N