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HomeMy WebLinkAboutMinutes Board Of Adjustment - 07/25/2012MINUTES ZONING BOARD OF ADJUSTMENT MEETING City Hall, 1201 Leopard, Corpus Christi, Texas 1 City Hall Council Chamber Wednesday, July 25, 2012 1:30 P.M. BOARD MEMBERS: STAFF: Carl Hellums Absent* Miguel Saldana, AICP, ZBA Administrator R. Bryan Johnson Elizabeth Hundley, Assistant City Attorney John D. McMullan Linda Williams, Recording Secretary Heriberto (Tony) Pineda Morgan Spear Cliff Atnip (Alternate) Taylor Mauck (Alternate) Si usted quiere dirigirse al consejo de ajustamiento y su ingles es limitado, habra un interprete en la junta para ayudarle. CALL TO ORDER The meeting was called to order by Board Member Bryan Johnson at 1:30 p.m, and a quorum was declared. II. ELECTION OF OFFICERS Mr. Miguel Saldana, Development Services, opened the floor for nominations for Chairman. Board Member Spear nominated Board Member Bryan Johnson as Chairman. There being no other nominations, the nominations were closed. Motion to approve Board Member R. Bryan Johnson as Chairman was made by Board Member Spear and seconded by Board Member McMullan. Motion passed. Chairman Johnson opened the floor for nominations for Vice Chairman. Board Member McMullan nominated Board Member Morgan Spear as Vice Chairman. There being no other nominations, the nominations were closed. Motion to approve Board Member Morgan Spear as Vice Chairman was made by Board Member McMullen and seconded by Board Member Atnip. Motion passed. Mr. Saldana stated that because of the absence of Board Member Hellums, one of the alternate board members had to be designated a voting member in order to have five (5) voting members. After a brief discussion, Chairman Johnson stated he would rotate the alternate members when needed and he selected Board Member Atnip to serve as a voting member. III. APPROVAL OF ABSENCES There were no absences to approve. IV. APPROVAL OF MINUTES March 28, 2012 Motion to approve the March 28, 2012 minutes was made by Vice Chairman Spear and seconded by Board Member Pineda. Motion passed. Zoning Board of Adjustment July 25, 2012 Page 2 V. APPEALS New Appeals Mr. Saldana read New Appeals Item "a" into record as shown below. Mr. Saidaha stated the applicant, Dan Caballero, has requested a "Special Use Exception" for above - ground fuel tanks for storage of diesel and gasoline to fuel the trucks and equipment used by the nursery and landscape business. Appeal No. ZBA 0712 -01 (12- 11500004) Dan Caballero requests a Special Use Exception for above- ground fuel tanks for storage of diesel and gasoline to fuel the trucks and equipment used by the nursery and landscape business. The subject property is described as 2.9 acres out of lot 15, Tracts C and D, Lokey Subdivision, located north of Wooldridge Road and east of South Staples Street. Mr. Saldana stated the applicant has requested a continuance of his appeal until the next board meeting. Mr. Saldana continued the applicant stated he was re- evaluating whether the "Special Use Exception" would be needed for what he proposed to do on the site. After a brief discussion by board members, the following action was taken. Motion to approve continuance of Appeal No2BA 0712 -01 to the August 22, 2012 meeting was made by Board Member Pifieda and seconded by Vice Chairman Spear. Motion passed with Board Member Hellums absent. Mr. Saldana read New Appeals Item "b" into record as shown below. Mr. Saldana stated the applicant, Owen Oil Tools, LP, has requested a "Special Use Exception" for above - ground fuel tanks for storage of explosives. Several aerial views were shown of the subject property. b. Appeal No. ZBA 0712 -02 (12- 11500005) Owen Oil Tools, LP request a "Special Use Exception" for above - Ground fuel tanks for storage of limited quantities of detonators in warehouse buildings used in the oil and cias exploration industry. The subject property is described as Industrial Technology Park unit 2, Block 4, Lot 3, located north of Old Brownsville Road and east of Junior Beck Drive. Mr. Saldana continued the subject site was located in the western portion of the city and was platted as one lot. The 5.95 -acre site has a new office and warehouse use for an oil related business and requires storage of explosives. All explosives will be stored in a Bureau of Alcohol, Tobacco, Firearms and Explosives approved storage magazine. In cases of explosives detonating within the magazines, they are constructed as such that the blast would be contained within the magazine. Mr. Saldana continued that 50 pounds would be the maximum amount of explosives stored. The applicant has certified that all applicable City, State and Federal rules and regulations governing storage of explosives will be strictly adhered to. Mr. Saidana stated nine (9) notices were mailed to property owners within the notification area and four (4) were returned in favor. Mr. Saldaha continued that based on the City's Unified Development Code (UDC) Section 3.12.3 Review Criteria, the following has to be considered to approve a Special Use Exception: The use conforms in all other respects to regulations and standards in this Unified Development Code. K: 10evelopmentSvcslSHAREDtiZONING28Al2012 ZBA FilesM12 Minutes1472512.Z8A Minutes.doc Zoning Board of Adjustment July 25, 2012 Page 3 2. The impact of the use on public infrastructure such as roads, natural gas, water, 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 takes adequate measures to control or eliminate smoke, dust, glare, hazardous materials, noise or vibration caused by operations. . Mr. Saldana continued 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 Staff's presentation, the floor was opened for comments and discussion by board members. Board Member Atnip asked if the requested "Special Use Exception" was for only one tank and Mr. Saldana answered in the affirmative. Mr. Saldana continued the request also includes storage of explosives used in oil exploration above - ground and the explosives would be maintained in a room within the warehouse. Board Member Atnip asked if there was a limit to the amount of explosives that could be stored and Mr. Saldana answered the maximum amount of explosives would be fifty (50) pounds. Mr. Saldana continued that the applicant did not want to store more than fifty pounds because of the shelf life for the explosives. Board Member Pineda asked if the Technical Review Committee (TRC) approved the application and the applicant was waiting for the City's approval. Mr. Saldana explained that according to the Unified Development Code, the Board could not take action on the application until TRC reviewed it. TRC reviewed the application at its July 24, 2012 meeting and recommended approval of the request. In addition to TRC approval, the Fire Marshall also reviewed the request and recommended approval. A permit from the City of Corpus Christi Fire Department will also be required; which requires a site plan, site inspection and documentation showing approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives. After all comments and discussion concluded by Board Members, the public hearing was opened. Robert Zaruba, 422 Junior Beck Drive, addressed the Board. Mr. Zaruba stated there were no inflammable or combustible materials associated with the above - ground storage tank. Mr. Zaruba continued that the explosives and detonators would be stored in a 4 x 4 bullet -proof and fire -proof metal box inside a room within the warehouse. Mr. Zaruba continued that all of the precautions and safety features were required by ATF and the maximum amount of explosives stored will be fifty (50) pounds. After all comments and discussion concluded, the public hearing was closed. Chairman Johnson called for a motion. In accordance with Article 3.12 of the Unified Development Code, Board Member Atnip moved that Appeal No. ZBA 0712 -02, a Special Use Exception for the storage of explosives on property described as Industrial Technology Park Unit 2, Block 4, Lot 3, be approved based on the Review Criteria of the Unified Development Code, Section 3.12.3. Motion was seconded by Vice Chairman Spear. Motion passed. K: SDevelopmentSvcsISHAREDSZONiNG 1ZBAQ012 ZBA Rgs12012 M1nutes1072512.Z Mlnutes.doc Zoning Board of Adjustment July 25, 2012 Page 4 VI. DISCUSSION AND POSSIBLE ACTION ITEMS 1. Discussion of future Zoning Board of Adjustment meetings (At the January 25, 2012 meeting, Staff requested the Board to consider selecting two alternate meeting dates for the November 28 and December 26, 2012 meetings since both meetings were ddring the holidays. The Board decided to wait until the new Board was seated before a decision was made). Mr. Saldaha stated that typically when regularly scheduled board/commission meetings fell during a holiday, the boardlcommission selected an alternate meeting date or cancelled the meeting. Mr. Saldafia continued that the only date the Board had to consider was for the December meeting. The November meeting date was after the Thanksgiving Holiday, November 22, 2012. The December meeting date was the day after Christmas. After a brief discussion, the following action was. taken: Motion to approve leaving the November 28, 2012 meeting date as scheduled and change the December meeting date to December 19, 2012 was made by Board Member Piheda and seconded by Vice Chairman Spear. Motion passed with Board Member Hellums absent. 2. Proposed revisions to Rules of Procedure Vice Chairman Spear stated he did not bring the handouts of the revisions that were previously discussed and requested that the item be rescheduled to the next available meeting date to allow him additional time to review the revisions submitted by the committee. After a brief discussion, the following action was taken: Motion to approve tabling this item to the next available meeting date was made by Board Member Atnip and seconded by Board Member McMullan. Motion passed with Board Member Hellums absent. Miguel Saldana introduced Charles Dibrell, III, Major Project Engineer, to board members. Mr. Saldafia continued that Mr. Dibrell would be giving leadership to the Land Development Division of the department and Staff was looking forward to working with him. Mr. Dibrell was welcomed by board members. VII. ADJOURNMENT Motion to adjourn was made by Board Member Atnip and seconded by Board Member Pifieda. Meeting adjourned at 1:50 P.M. igue . Sald na, AICP Zoning Board of Adjustment Administrator i}C�1 I d W c ding Secretary Date: e 7 t K: 10BVelopment5vicel SHARE05ZONINGIZBA%2012 ZBA Files12012 Mlnutos\07251228A Mlnules.doc