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HomeMy WebLinkAboutMinutes Board Of Adjustment - 05/27/2009 RECEIVED MINUTES AUG 1 7 2009 ZONING BOARD OF ADJUSTMENT MEETING City Hall, 1201 Leopard, Corpus Christi,Texas CIlYSECRETgRY'S OFFICE floor, City Hall Council Chamber Wednesday, May 27, 2009 1:30 P.M. BOARD MEMBERS: STAFF: Taylor Mauck, Chairman Jay Reining, Legal Counsel Dan Winship,Vice Chairman Shelly Shelton, City Planner William Tinney Veronica Ocanas, Legal Counsel Ben Molina .. Debbie Goldston, Recording Secretary R. Bryan Johnson Thomas E. McDonald(Alternate) Morgan Spear(Alternate) I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Mauck. 11. APPROVAL OF MINUTES Motion to approve the minutes from the April 22, 2009 hearing was made by Board Member Winship and seconded by Board Member Tinney. III. APPEALS 1. New Appeals a. Appeal No. ZBA 0509-0 TNT Crane& Riggin,: Special Use Exception for an above around fuel storage tank „, The site is 375 square foot area out of Interstate Industrial Complex, Block 4, Lot 4-A located approximately 800 feet west of the intersection of Interstate Highway 37 and Corn Products Road. Shelly Shelton presented a PowerPoint presentation for ZBA 0509-01. The appellant is requesting a Special Use Exception to allow for an objectionable use: the installation and operation of an above ground fuel storage tank (for company trucks and equipment). The existing land use and zoning is "I-2/SP” Light Industrial District with a Special Permit for an above ground fuel storage tank. Future land use is recommended for light industrial and the recommended future land use tbr the surrounding properties is light industrial and heavy industrial uses. The setback requirements are 20 feet for the front yard and there arc none for the side and rear if there is no residential adjacency. The applicable zoning ordinance is Article 29 Board of Adjustment Section 29-3. The Zoning Board of Adjustment has the authority to approve special use exceptions to provide for adjustment for uses in appropriate locations, such as petroleum products and their storage. Ten notices were mailed out. Two were received in favor and none in opposition. The Fire Department staff has reviewed plans and approved them. Page 2 of 5 Staff Comments: The Special Use Exception and approval of the objectionable use shall expire twelve (12) months from the date of City Council action May 12 if the proposed project is not started. The proposed tank will replace the existing tank. 'fhe tank location must be consistent with the site plan. A building permit is required for this project. Public Ilearing Opened. Motion statement, "In accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0509-01, a request for a Special Use Exception for an objectionable use to allow for the installation and operation of an above ground fuel storage tank be approved, based on the finding and that in the Board's opinion and as a matter of fact, such special use exception will not substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning Ordinance subject to the following conditions: I. The location of the above ground fuel storage tank must be in compliance with the metes and bounds survey submitted to the Board of Adjustment. 2. The property is limited to one(1) UL2085 rated tank or equivalent as approved by the Fire Department, with a total capacity of not more than 10,000 gallons of diesel. 3. The property must be in compliance with the City Council approved Special Permit. 4. This Special Use Exception shall expire 12 months from May 12, 2009, the date of the action of the City Council if the project has not commenced. 5. A building permit is required. Motion for approval was made by Board Member Molina and seconded by Board Member Tinney. Motion passed unanimously. b, Appeal No. ZBA 0509-02 In_ram Read mix Inc.: S•ecial Use Exce tion for an above _ ound fuel storage tank _ The site is 505.90 square foot area out of Tex-Mex 15 Acre Tract, Block 2, Lot 14 located at the northwest corner of Omaha Drive and Agnes Street.. Shelly Shelton presented a PowerPoint presentation for ZBA 0509-02. The Appellant requested a Special Use Exception to allow for an objectionable use, the installation and operation of an above ground fuel storage tank (for company vehicles). Zoning and existing land use is "1-3" Heavy Industrial District, Heavy Industrial use surrounded by Light and Heavy Industrial uses. Recommended Future Land Use for the subject property is Heavy Industrial, Recommended Future Land Use for the surrounding properties is Heavy Industrial and Light Industrial. The front yard setback requirement is 20 feet. There are no setback requirements or height restrictions unless there is residential adjacency. The applicable zoning ordinance is Article 29 Board of Adjustment, Section 29-3. The Zoning Board of Adjustment has the authority to approve special use exceptions to provide for the adjustment for uses in appropriate locations such as petroleum products. Eleven 010111, *110 Page 3 of 5 notices were sent out and one was received back in favor. The Fire Department has approved the submitted plan. Staff Comments: A building permit is required. The same location must be consistent with site plan and the Special Use Exception expires twelve (12) months from today, Public hearing opened. Motion statement, "In accordance with Section 29-3 of the Zoning Ordinance, .1 move that Appeal No. ZBA 0509-02, a request for a Special Use Exception for an objectionable use to allow for the installation and operation of an above ground fuel storage in a 505.90 square foot area out of Tex- Mex 15 Acre Tract, Block 2, Lot 14, be approved, based on the finding and that in the Board's opinion and as a matter of fact, such special use exception will not substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning Ordinance subject to the following conditions: 1. The location of'the above ground storage tank must be in compliance with the metes and bounds survey and site plan submitted to the Board of Adjustment. 2. The property is limited to one (1) UL2085 rated tank or equivalent as approved by the Fire Department, with a total capacity of not more than 10,000 gallons of diesel. 3. This Special Usc Exception shall expire 12 months from May 27, 2009, the date of the action of the Board's if the project is not commnenced. 4. A building permit is required. Motion for approval was made by Board Member Johnson and seconded by Board Member Turney. Motion passed unanimously. c. Appeal No. ZBA 0509-03 Crown Castle Coloration: Special Use Exception for the installation and operation of a telecommunications tower The site is First Baptist Church Tract,Lot 1-A,located approximately 350 feet from the intersection of Kush Lane and Ocean Drive. Shelly Shelton presented a PowerPoint presentation for ZBA 0509-03. The Appellant requested a Special Use Exception for the installation and operation of a telecommunications tower in a residentially zoned district. The proposed tower will replace an existing tower and increase the height from 87.5 to 130 feet tall. Zoning and Land Use are "R-1A"One-Family Dwelling District (single-family homes,churches, and schools arc allowed). The current Land Usc is Public Semi- Public(First Baptist Church), surrounded by residential development, Recommended Future Land Use for the subject property is Public Semi-Public. Recommended Future Land Use for surrounding properties is residential with park land across Ocean Drive. Nineteen notices were sent out and one was returned in opposition. The proposed cell tower will meet the height to distance fall radius of one and one half(1.5)to one(1)or 195 feet to the closest residential dwelling. 1110 Page 4 .-f5 Staff Comments: The location of the cell phone tower must be in consistent with the site plan submitted to the Board of Adjustment. The proposed 130 foot tall cell tower will replace the existing 87.5 foot tall existing tower. The project must comply with Article 27C(Wireless Telecommunications Facilities) of the Zoning Ordinance. Special Use Exception shall expire within 12 months of the date of this hearing if construction of the project is not commenced. A building permit is required. Public Hearing Opened. Vince Harbinger,Crown Castle Corporation,presented a PowerPoint presentation. He explained that the proposal is to have one taller tower rather than several smaller towers. The proposed cell tower is 130 foot tall. In opposition: Sally 13erven,9 Hewit Drive, Corpus Christi,Texas stated her concerns for her property. She was concerned that her property is in the fall radius of the tower. She said that the zoning is currently for residential and wants the zoning to remain. She expressed her concern that if this proposal is allowed, it will be setting a precedent. Board Member Winship asked Mrs. Berven if the existing cell tower was in place when she bought her property and she answered yes. She said that all the landscaping that was in place to hide the base of the tower at eye level is now removed due to work performed by the City on the storm water system. She thought the City was going to replace the landscaping but that never happened. Jeff Berven, 9 Iiewit Drive, Corpus Christi, Texas, president of Hewit Estates Homeowners Association stated that the association is in opposition of the increased height of the existing tower. He said the neighborhood association is concerned that this proposal will affect the property value. lle said the association is in opposition of the visual effect the tower will have on the neighborhood. Mr. Berven stated that the association's concern is adding more height to the tower. Kristine Braugh, 7 Hewit, Corpus Christi,Texas stated several points of opposition. In her first point, she stated that with the area being zoned residential,she felt like the tower could be located in an area already zoned commercial. She felt that adding the extra height to the cell phone tower would change the character of the neighborhood. Mrs. Braugh was concerned that additional buildings would he needed to house any additional technology for the four carriers. Additionally, she stated,was that the appellant has failed to provide real data concerning the lack of potential damage or harm to the neighboring property owners; a cell tower will decrease the property values. Nolan Read, 133 Kush Lane,Corpus Christi, Texas. Mr. Read stated his first concern is regarding imminent domain and how it affects the residents surrounding the church if this commercial use exception is permitted in a residential area(how this affects the tax base). He also has a concern regarding the location of this cell phone tower. He stated that this tower could be located elsewhere within a quarter-mile of the present site possibly at a site already zoned for commercial use. He inquired about any studies relating power surges to the proposed increase in height of the existing tower. Mr. Read brought up winds and whether the proposed structure could withstand winds of over 156+mph if a Category 5 hurricane hit. He also felt that the lighting of the proposed tower would generate extra noise to the neighborhood. Public hearing closed. 41111, Page 5 of 5 The Board Members discussed Article 27C of the Zoning Ordinance. Staff was asked if another cell tower could be located next to the existing tower. Staff confirmed that according to the current code Article 27C-4.04 spacing requirements apply to towers in excess of 180 feet in height so by right construction another conforming tower within the compound would be allowed. The Board discussed co-location which would be possible if the new taller tower was approved and its advantages in comparison to another tower being constructed.The Board discussed the aesthetics of Ocean Drive as a scenic corridor and one tower being better than two. The Board asked if the appellants could replace the existing tower with another tower used as lighting for the recreational area adjacent to the compound by right. Staff confirmed that the appellant could construct another to tower up to 100 feet in height to light the adjacent recreational area. The Board their options and decided one tower, 130 feet in height was the best option because it would allow for co- location because it will minimize the total number of towers,protect and promote public safety by decreasing visual distractions for motorists and pedestrians,minimize and mitigate adverse visual and aesthetic impact,and promote the orderly placement of cell towers and cell tower facilities. Motion statement, "in accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0509-03, a request for a Special Use Exception to allow for the installation and operation of a cell phone tower, 130 feet tall in a 1,400 square foot tract of land, more or less,out of First Baptist Church Tract, Lot I-A be approved, based on the finding and that in the Board's opinion and as a matter of fact, such special use exception will not substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning Ordinance subject to the following conditions: 1. The location of the cell phone tower must be consistent with the site plan submitted to the Board of Adjustment. 2. The proposed 130 foot tall cell tower will replace the existing 87.5 foot tall existing tower and there shall not be another tower constructed. 3. The project must comply with Article 27C. 4. Special Use Exception shall expire within 12 months of the date of this hearing if construction of the project is not commenced. 5. A building permit is required. 6. The appellant shall relocate any electricsl poles along the southern portion of the First Baptist Tract and bury the lines i f possible. 7. The appellant shall provide additional landscape screening beyond the Zoning Ordinance requirements along the southern portion of the First Baptist Tract, Motion for approval was made by Board Member Winship and seconded by Board Member Tinney. Motion passed unanimously. III, ADJOURNMENT Motion for adjournment was made at 4:00 p.m. Motion passed unanimously with Board Member Spears being absent. . 1:10.4 Drs.16_, („"cy :1241155,\.___ Shelly S''►1t1� Debbie Goldston City Planner Recording Secretary Zoning Pinard of Adjustment Administrator *0110 Zoning Board of Adjustment Minutes July 22,2009 The May 27,2009 Board of Adjustment Minutes were approved as written/amended on July 22,2009 ATTEST: M ck, hairman //L - - Taylor