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HomeMy WebLinkAboutMinutes Board Of Adjustment - 03/28/2012,MINUTES ZONING:80ARD. O- ADJUSTMENT MEETING City Hall, '1209 Leopard, Corpus Christi, Texas I$tfioor, City. Hall. Council.Charnber Wednesday, March, 20, 207.2 1:30 P.M..: BOARD MEMBERS: Dan Winship, Chairman Ben Molina, Vice - Chairman R. Bryan Johnson Morgan Spear Carl Hellums John , Douglas'McMullan (Alternate) Heriberto A. Plneda (Alternate) Absent* STAFF: Jennifer. Ramirez, Zoning Board of Adjustment.Admin istrator Deborah Brown, Assistant City Attorney Linda Williams, Recording Secretary Si usted quiere dirigirse al consejo de ajustamiento y su ingles es limilado, habra un interprete en la junta pare ayudarle. I. CALL TO ORDER The meeting was called to order by Chairman Winship at 1:30 p.m. and a quorum was declared. II. APPROVAL OF MINUTES 1. February 22, 2012 Motion to approve the February 22, 2012 minutes with the following correction was made by Board Member Bryan Johnson and seconded by Board Member Morgan. Motion passed. Page 1, Item 11 Approval of Minutes — Board Member Hellums' first name was corrected to "Carl," the minutes stated "John." III. APPEALS' 1. New Appeal Jennifer Ramirez, Development Services, read New Appeal Item "a" into record (shown below). Ms. Ramirez stated the applicant, GNM 37, LLC, has requested a "Special Use Exception" for the storage of explosives or other hazardous materials on the subject property. a. Appeal No. ZBA 0312 -01 (12- 11500003): CNM 37, L.L.C. requests a Special Use Exception for.storage of ex losives or other hazardous materials. _ The subject property is described as Thiq -Seven Industrial Park, Block 1 Lots 19A, located 'south of ,Interstate Highway 37 Access Road and west of Corn Products Road. Ms. Ramirez continued that the subject property was located in the in the northwest portion of the city and the surrounding area was predominantly industrial zoning, with industrial use or vacant land. There were pockets of commercial zoning districts and the closest residential district was approximately one -half mile to the east. Zoning Board of Adjustment March 28, 2012 Page 2 Ms. Ramirez continued that the subject site was'piatted as Lot 19A and totaled 4.08 acres and it was currently undeveloped. Ms Ramirez stated the`owner's intent is to construct future improvements and then lease the property to a tenant whose oll field :service .business includes oil well logging and perforation. The oil field related use requires storage of �exploslvet r'other hazardous materials. Ms. Ramirez continued that on February 23, 2012, `the applicant submitted a Zoning Board of Adjustment application requesting a Special Use Exception for such use. In addition, the applicant also provided Material Safety Data Sheets for each proposed product and indicated the site would comply with the Texas Bureau of Alcohol, Tobacco, Firearms and Explosives and other required regulatory agencies. All hazardous materials subject to explosive characteristics will be stared in an explosive magazine. In cases of explosivesAetonating within a magazine, it would be constructed in such a manner that the blast would be contained within the magazine. Ms. Ramirez stated that according to the Unified Development Code, the Board could. -not take action on the application until it was reviewed by the Technical Review Committee (TRC). The .TRC reviewed the application on March 7, 2012 and recommended approval In addition to TRC approval, the storage of explosives or other hazardous materials may be subject to the Fire Marshalf's review and approval: The Fire Department reviewed the application and also recommended approval and a permit from the Fire Department will also be required. The permit requires the following: 1. A site plan, 2. A site inspection, and 3. Documents showing approval from the Texas Bureau of Alcohol, Tobacco, Firearms and Explosives. Ms. Ramirez continued that based on the City's Unified Development Code (UDC) Section 3.12.3 Review Criteria, the following shall be considered to approve a Special Use Exception: i. The use conforms in all other respects to regulations and standards in this Unified Development Code. 2. The impact of the use on publid infrestructure such as roads, natural gas, wafer, storm water and wastewater systems, and on public services such as police and fire protection and solid waste collection can be minimized without negatively impacting existing uses in the area and in the City. 3. If located within or adjacent to a residential area, the physical appearance, hours of operation and conduct of the use does not generate excessive noise, dust, smoke, glare and spillover lighting or other forms of environmental pollution or otherwise detrimentally affect the residential character of the area. 4 The use fakes adequate measures to control or.elirainate smoke, dust, glare, hazardous materials, noise or vibration caused-by operation& Ms. Ramirez stated that based on the above criteria, all four review requirements were met and Staff recommended approval of the requested Special Use Exception. After the conclusion of Ms. Ramirez' presentation, the public hearing was opened. Mr. Burris McRae, 6000 South Staples Street, Suite. 205, Representative for CNM 37, introduced himself to board members. Mr. McRee stated, for the 'record, he was in attendance to answer any questions the Board might have pertaining to the request. - After all questions and discussion concluded, the public.hearing was closed. Chairman Winship called for a motion. K: loevelopment5vcs15HAnED1ZONING7-BAl2012 ZBA Fite912612 Minulesk=8122BA Minutes.doe Zoning Board of Adjustment March 28, 2012 Page 3 In accordance with Article 3.12 of the - Unified Development Code, Board Member Johnson moved that Appeal No. ZBA 0312 -01, a Special Use Exception for the storage of explosives or other hazardous materials on property 'described - as' Thirty -Seven - Industrial Park,' Block 1, Lot 19A be approved, based on the Review Criteria of the Unified Development Code, Section 3.12.3. The motion was seconded by Board Member Hellums. Motion passed. IV. DISCUSSION AND POSSIBLE ACTION ITEMS 1. Committee Report on Rules of Procedure Ms. Ramirez stated this item was originally scheduled for discussion at the February 22, 2012 meeting. Mrs. Ramirez continued that at that meeting, the Committee requested to table discussion and action on - the item to the next scheduled ineeting to allow additional f me for the committee to review the document again and to make sure all of the notes and input were included and it was what the committee wanted. Ms. Ramirez stated a draft copy of the Rules.of Procedure was included in the packet. Board Member Pineda stated the committee met again after the February member to review the document again to discuss and ensure that all comments were incorporated. The Committee's proposed revisions are the following: Page 1, Section 2 = Composition of the Board (As provided by City Ordinance) (a) As provided by City Ordinance, the Board consists of five (5) members and two (2) alternates appointed by the City Council for a term of two (2) years. Add statement at the end: 'Term year begins April 1 each year. Page 2, Section 3 — Duties of the Chair (c) The chair shall approve a rotational schedule for attendance of alternate members at the meetings. 'Initially, the Committee recommended deleting Item (c) in its entirety and replacing it with the following: Added: Staff is to schedule attendance of the alternates based on result of the attendance calls. Chairman Winship asked if there was a reason the alternates had to attend every meeting if a quorum was present and it was answered by Staff that the board criteria was established by City Ordinance and for Item c to be deleted, an amendment to the ordinance would have to be initiated. It was suggested that instead of deleting the current statement, replace the word "shall" with the wont "may." Section 2, Section 3 — Duties of the Chair (f) The Chair shall sign the minutes of each meeting of the Board and each appeal decision in accordance with the decision of the Board. Add statement at the end: The minutes are to be signed by the Chair at the next board meeting. Page 4, Section 7 -- Alternate Members (a . K: lOe velopmenlSvcs %SHAREOIZONINGIZBAl2012 ZBA FIIes=12 MinuteM03281228A Minutes.dac Zoning Board of Adjustment March 28, 2012 Page 4 Delete and replace with the following statement: Alternates shall attend meetings even if five � (5) board members are going to. be at the meeting. (b) The alternate members are subject to the same attendance and general rules as all other Board members. The Committee's original proposal was to delete Item b butit was discussed that Items 7a and 7b contradicted each other and should be modified. After further discussion, Item b was retained as written. . After further discussion regarding Item 7c, the board made the decision to remove it since attendance and absences were addressed in Item.8c. Section 8 Attendance and General Rules (d) New statement added: Absences shall be recorded in the minutes and members shall call Chair /Staff in advance of the absence. After some discussion regarding new Item d, Deborah Brown, Assistant City Attorney, addressed the board. Ms. Brown stated that if Item d was going to become part of the Rules and Procedure, she recommended that "the Chair call contact the Staff ZBA Administrator' also be added. A question was raised regarding who selected the Chairman and Vice Chairman and it was answered that the "Election of Officers" would take place in the new term year by the board members. Chairman Winship gave a brief recap of the proposed changes to the Rules of Procedure and expressed thanks to committee members for their work. No action was taken on the Committee's report. Ms. Brown reminded board members that state law states that any appeals of board decisions have to be filed within ten (10) days after the action with the Zoning Board of Adjustment Administrator. The Zoning Board of Adjustment decisions do not go to City Council for final action, but those decisions go directly to County Court. Chairman Winship asked why Miguel Saldans was not attending the board meetings and Ms. Ramirez stated that Mr. Saldafia was serving in another capacity within the department Dan McGin was now the Interim Manager. Chairman Winship expressed thanks to the board members for having the opportunity to work and serve on the board together. Chairman Winship continued that he also wanted, to compliment Staff on the good job in preparing the meeting agendas and he appreciated the hard work and it has been a pleasure to serve on the board. 2. Board Recommendation of Re- appointment and New Appointments Ms. Ramirez stated that staff provided five (5) applications for the board to review to assistant in making a recommendation to fill the two vacancies that will be opened with Chairman Winship and Board Member Molina's terms ending. The five (5) applicants were Burris McRae, Cliff Atnip, Sylvia Cantu, Taylor Mauck and William Kramer, Jr. Ms. Ramirez stated current board members eligible for reappointment needed to confirm if they wanted to be reappointed and board members serving as alternates needed to confirm if they wanted to be reappointed as regular members or as alternates. KkOevel opmentSueslSHAREO IZONING ZBA Filesl=12 M1nutes403 Minutes.daa Zan Ing Board ofAdjustMent March 28, 2012 Page 5 After further discussion, Board Members Johnson, Spear and Hellums confirmed they wanted to be reappointed for another term and Board Members McMullan and pifteda confirmed they wanted to be reappointed as regular members. Board members entered Into a discussion regarding the five (5) applicants submitted for consideration to fill the two vacancie §. Board Member Spear stated he felt Cliff Atnip and Taylor Mauck were well versed in the decision making of the board since both men were past board members and were familiar with the board's function. 'Chairman Winship concurred and added that the other applicants were also qualified to serve as well, but because Mr. Atnip and Mr. Maack previously served on the board would be great for the board. After all discussion and comments concluded, the following action was taken. A motion to approve Cliff Atnip and Taylor Mauck be recommended for appointment to the Zoning Board of Adjustment was made by Board Member Spear and seconded by Board Member Johnson. The motion passed. V. ADJOURNMENT Motion to adjourn was made by Board Member Johnson and seconded by Board Member Hellums. The motion passed and the meeting adjourned at 2:35 p.m. //� �- �-- Y4 � �� �- ffig AIC Zoning Board of Adjustment Administrator Li da illiams Reco ing Secretary Date: 7/9 0 /Z 7 Date: K1Develapmant8vcalSNARED%ZONINGUBA 12012 ZBA FIM12012 MTnutasl0828122 Mlnutes.dac