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HomeMy WebLinkAboutMinutes Board Of Adjustment - 07/23/2003 • I 1819202� JOINT AIRPORT BOARD OF ADJUSTMENT AND IZ> /n "N� ZONING BOARD OF ADJUSTMENT MINUTES RE 1(703 (11 July 23, 2003 o C/Iy .0 E/V� 0 orfi . Board Members Present: Peter Mahaffey, Chairman <9s� Thomas McDonald, Vice-Chairman z Louis Alvarado Charles Schibi Gene Clancy(Alternate) Board Member Absent: Robert Broadway Staff Present: Miguel S. Saldana, AICP, City Planner Joseph F. Harney, Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing for the Joint Airport Board of Adjustment at 1:30 p.m. in the Council Chambers at City Hall and explained the procedure to be followed. Peoples Energy Production—Texas L. P.: Appeal No. ZBA0603-01 Request: A Variance to permit two (2) drilling rigs to exceed the 50-foot height limitation by 87 feet on J. C. Russell Farm Blocks, Block 21, located south of Agnes Street and east of Joe Mireur Road (F. M. 763). Mr. Saldana stated that the appellant, Peoples Energy Production, is requesting a variance to erect a drilling rig that would exceed the 50-foot height limitation by 87 feet. They propose to put up 2 drilling rigs (Wells 6 and 7) to drill for natural gas. The drilling rig will be approximately 137 feet in height and since the location is within the Airport boundary, the Board's approval is needed. Mr. Saldafia described the land use and surrounding area. He presented a site plan depicting the location of the drilling rigs and stated that both sites had been approved by the Federal Aviation Agency(FAA) and the Airport. Three (3) notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. Chairman Mahaffey opened the public hearing. Mr. Bradley Rome, with Peoples Energy Production, stated that the two drilling rigs would not be drilled at the same time. When one is finished, the next one will start. SCANNED Joint Airport Board of Adjustmmnd • Zoning Board of Adjustment Minutes July 23,2003 Page 2 In answer to several Board Members questions, Mr. Rome explained that the rigs would be temporary and the length of time that each rig would be on-site would be between 45-60 days. Both rigs would be drilled regardless of the first one's outcome. Mr. Rome added that the projected start date would be August 1. Mr. Saldafia asked the appellant if both rigs would be constructed before the year was out since the Board's action would be valid for one year. Mr. Rome responded positively. No one else appeared in favor or in opposition and the public hearing was closed. Chairman Mahaffey asked for Staffs recommendation. Mr. Saldafia stated that since the FAA and Airport had submitted letters in favor, Staff had no objection to the request with the condition that the rigs be started within one(1) year. A motion was made by Board Member Schibi, seconded by Board Member Clancy, that the request be approved with the condition that the project start within one (1) year. Motion passed unanimously. The Joint Airport Board of Adjustment was adjourned. * * * * * * * * * * * * * * * * * * * * * * * * * * Chairman Mahaffey opened the public hearing for the Zoning Board of Adjustment at 1:45 p.m. in the Council Chambers at City Hall and explained the procedure to be followed. Sprint PCS: Appeal No. ZBA0703-01 Request: A Special Use Exception to erect an 85-foot monopole telecommunication tower on a 0.230 acre out of a part of a 158.24 acre tract of land designated Tax I. D. No. 7425-0-585 by the Nueces County Tax Appraisal District, Nueces County, Texas, located south of Holly Road and west of Greenwood Drive. Mr. Saldafia stated that the appellant, Sprint PCS, is requesting a Special Use Exception to erect an 85-foot monopole telecommunications tower. He described the location, zoning, land use, and surrounding area. He presented a site plan depicting the location and elevation views of the proposed tower. He also presented a map showing the coverage of the existing cell tower, and the increased coverage from the proposed tower. The subject property is zoned an "R-1B" District, therefore, needs a special exception for the tower. There were two (2) notices mailed to property owners within a 200-foot radius, of which one(1) was returned in opposition. The notice in opposition is from the adjacent property owner to the west indicating that the height of the cell tower will impact the property being developed residential. Joint Airport Board of Adjustmand 410 Zoning Board of Adjustment Minutes July 23,2003 Page 3 Chairman Mahaffey opened the public hearing. Board Member McDonald inquired if the monopole should collapse, would it fall over the substation. Mr. Patrick Erwin, Senior Property specialist representing Spring PCS, explained that the poles are constructed in a way that the top part would collapse onto itself. It would never leave the compound. The tower would be 50 feet away from the edge of the substation. In answer to Board Member's questions, Mr. Rome stated that according to the radio frequency engineers, it was not necessary to request a taller tower. They would make the lower elevation work due to the proximity of neighboring towers. Board Member Clancy inquired if the towers would withstand hurricane winds, to which Mr. Erwin responded that the poles are constructed by the county's windload perimeter standards. Board Member Clancy inquired if they would consider adjusting their plan to meet the adjacent neighbor's needs, such as a flag pole or such. Mr. Erwin responded that they do consider the area in question. In this case a flag pole would be more noticeable since the tower would only be approximately 20 feet above the existing structure. After a brief discussion, Mr. Erwin stated that he could include a fence and landscaping in the final construction drawings if that would facilitate approval. Mr. Whitney Lawrence, architect and engineer for Sprint, stated that because this particular site is in the middle of a rural area, it did not make a lot of sense to install a cedar fence. He asked if the approval of the request could be subject to future modification upon residential development. No one appeared in opposition, therefore, the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that Staff has no objection to the Special Use Exception subject to the site plan submitted to the Board. After a brief discussion, a motion was made by Board Member McDonald, seconded by Board Member Clancy, that the request be approved with the following conditions: 1) That the area be surrounded with a chain link fence with slats; 2) Upon future single-family development on the adjacent area, that landscaping be installed to serve as a buffer; and Joint Airport Board of AdjustnYand Zoning Board of Adjustment Minutes July 23,2003 Page 4 3) That the building commence within one (1) year. Motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. APPROVAL OF MINUTES A motion was made to approve the June 25, 2003 minutes as written. Motion passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * Motion by Board Member McDonald, seconded by Board Member Alvarado, that Board Member Schibi's absence from the June 25, 2003 meeting be excused. He was detained in a court case. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 2:43 p.m. H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\072303ZBAMINUTES.DOC Joint Airport Board of Adjustmand • Zoning Board of Adjustment Minutes July 23,2003 Page 5 The July 23,2003 Board of Adjustment Minutes were approved as written/amended on August 27, 2003. ATTEST: Peter B. Mahaffey, Chairman H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\072303ZBAMINUTES.DOC