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HomeMy WebLinkAboutMinutes Board Of Adjustment - 08/26/2009 ‘No RECEIVED MINUTES OCT 0 6 2009 ZONING BOARD OF ADJUSTMENT MEETING City Hall, 1201 Leopard,Corpus Christi,Texas CITY SECRETARY'S OFFICE 1st floor, City Hall Council Chamber Wednesday,August 26, 2009 1:30 P.M. BOARD MEMBERS: STAFF: Taylor Mauck, Chairman Shelly Shelton,City Planner Dan Winship, Vice Chairman Mic Raasch,AICP,Zoning& Code William Tinney Enforcement Administrator Ben Molina Deborah Brown, Legal Counsel R. Bryan Johnson Debbie Goldston, Recording Secretary 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 at 1:30 p.m. II. APPROVAL OF MINUTES—July 22,2009 Meeting Motion to approve the minutes from the July 22, 2009 hearing was made by Board Member Johnson and seconded by Alternate Member Spear. III. APPEALS 1. New Appeals a. Appeal No. ZBA 0809-01 American Tower: Requests for a Special Use Exception to extend the height of an existing cell phone tower from 120 feet to 130 feet. The site is 9,000 square feet, more or less, out of Gulf Addition, Lot 1B located on the north side of Pearse Drive approximately 750 feet east of South Port Avenue. Shelly Shelton delivered a PowerPoint presentation for ZBA 0809-01. The appellant has requested a Special Use Exception to extend the height of an existing cell phone tower from 120 feet to 130 feet which is required for towers over 85 feet tall in a business district(Section 27C-4.02). The Zoning and Existing Land Use is "B-4" General Business District. The subject property is a Public Semi-Public use and to the north the property is vacant. To the south, east, and west the properties are used for Industrial and Commercial purposes. The recommended Future Land Use for the Subject Property is Commercial. The surrounding properties to the north, east, and west are recommended for Commercial and the adjacent property to the south is recommended for Light Industrial use. Zoning Board of Adjustment Minutes August 26,2009, Page 2 of 9 Staff comments are as follows: By minimizing the total number of cell phone towers through collocation: 1. the adverse aesthetic and visual impacts are lessened; 2. the number of incidents that could compromise general public safety is decreased; 3. and through collocation, existing infrastructure is used, taking advantage of existing resources to their capacity. The proposed extension of the existing tower for the purpose of collocation is consistent with the overall goals set forth in Article 27C of the Zoning Ordinance. Twenty notices were sent out and none were returned. Chairman Mauck opened the public hearing. In favor: 1. Douglas Kearney, American Tower, 2361 Campus Drive, Irvine, California, 92612. Mr. Kearney presented a short summary of the case and asked if the Board members had any questions. Board Member Tinney asked if when the towers are designed and built with future extensions being added in mind. Mr. Kearney stated yes, that the existing tower is at capacity now due to collocation. An increase of ten feet in height would accommodate Pocket. The fall ratio would be fine since there are no residential properties in the fall radius area. Board Member Molina asked if the tower would support the 120 mph winds for this area. Mr. Kearney stated yes. In opposition: No one came forth in opposition. Chairman Mauck closed the Public Hearing. Motion for approval was made by Board Member Johnson, In accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0809-01, a request for a Special Use Exception to extend the height of an existing cell phone tower from 120 feet to 130 feet in an area 9,000 square feet, more or less, out of Gulf Addition, Lot 1B, 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 proposed height extension of the cell phone tower must comply with Article 27C. 2. Special Use Exception shall expire within 12 months of the date of this hearing if construction of the project is not commenced. 3. A building permit is required. The motion was seconded by Board Member Tinney. The motion passed unanimously. Zoning Board of Adjustment Minutes August 26,2009, Page 3 of 9 b. Appeal No. ZBA 0809-02 American Tower: Requests for a Special Use Exception to extend the height of an existing cell phone tower from 98 feet to 110 feet. The site is 2,400 square feet,more or less,out of Flour Bluff Estates Number 2, Block 7,Lot 2 located on the east side of Waldron Road approximately 100 feet south of Claride Street. Shelly Shelton presented a PowerPoint presentation on case number ZBA 0809-02. The Appellant requested a Special Use Exception to extend the height of an existing cell tower from 98 feet to 110 feet - required for towers over 85 feet tall in a business district (Section 27C-4.02). Zoning and Existing Land Use: "B-3" Business District, is for service and commercial uses. The Subject Property is Commercial with Commercial to the south and west and Residential uses to the north and east. Recommended Future Land Use: Recommended Future Land Use for the Subject Property is Commercial. The recommended Future Land Use for the adjacent properties to the north, south, and west is Commercial and Low-Density Residential to the east. Staff Comments: By minimizing the total number of cell phone towers through collocation: 1. the adverse aesthetic and visual impacts are lessened; 2. the number of incidents that could compromise general public safety are decreased; 3. and through collocation existing infrastructure is used, taking advantage of existing resources to their capacity. 4. The Navy has approved the extension. 5. The tower must be built to withstand 130 mph winds. 6. The project must comply with Article 27C. 7. Special Use Exception shall expire within 12 months of the date of this hearing if construction of the project is not commenced. 8. A building permit is required. Twenty-four notices were sent out and one was received back in favor. No notices were received back in opposition. Chairman Mauck opened the public hearing. In favor: 1. Mr. Douglas Kearney, American Tower, 2361 Campus Drive, Irvine, California, 92612. Mr. Kearney presented a short summary of the case and asked if the Board Members had any questions. Mr. Kearney reiterated that this tower will be added onto. Mr. Kearney also stated that the tower will be structurally reinforced to withstand up to 130 mph winds. In opposition: No one came forth in opposition. Chairman Mauck closed the Public Hearing. Zoning Board of Adjustment Minutes August 26,2009,Page 4 of 9 Motion for approval was made by Board Member Molina, In accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0809-02,a request for a Special Use Exception to extend the height of an existing cell phone tower from 98 feet to 110 feet in an area 2,400 square feet, more or less, out of Flour Bluff Estates Number 2, Block 7, Lot 2,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 proposed height extension of the cell phone tower must comply with Article 27C. 2. Special Use Exception shall expire within 12 months of the date of this hearing if construction of the project is not commenced. 3. A building permit is required. The motion was seconded by Board Member Johnson. The motion passed unanimously. c. Appeal No. ZBA 0809-03 Crown Castle: Request for a Special Use Exception to install and operate a cell phone tower130 feet tall. The site is a 600 square foot area out of Country Club Estates Subdivision Unit 19, Block 2, Lot 6 located behind Everhart Park on the west side of Everhart Road approximately 500 feet south of Saratoga Boulevard. Shelly Shelton presented a PowerPoint presentation on ZBA 0809-03. The appellant requested a Special Use Exception to construct and operate an additional cell phone tower 130 feet tall - required for towers over 85 feet tall in a business district (Section 27C-4.02). The Zoning and Existing Land Use is "B-4" General Business District. The Subject Property is Commercial with Medium-Density Residential to the west and south and Commercial to the north and east. The recommended Future Land Use for the Subject Property and the adjacent property to the north is Commercial. The recommended Future Land Use for the adjacent property to the east, west, and south is Medium-Density Residential. Thirteen notices were sent out and one was received back in favor and none in opposition. No phone calls were received in response to the notices that were sent out. Staff Comments: 1. The cell phone tower must be built to withstand 130 mph wind because of residential adjacency within the fall radius. 2. The tower must comply with Article 27C. 3. Special Use Exception shall expire within 12 months of the date of this hearing if construction of the project is not commenced. 4. A building permit is required. Chairman Mauck opened the public hearing. • *10 Zoning Board of Adjustment Minutes August 26,2009, Page 5 of 9 In favor: 1. Ramiro Gonzalez, Crown Castle Corporation, 1750 S. Capital of Texas Highway, Austin, Texas 78745, Mr. Gonzalez made himself available to answer any questions by the Board. He explained that the current tower has maxed out its space for collocators. The new tower is approximately sixty feet away from the current tower. The ground space is full at that location leaving no space available for any more ground equipment. The current tower has already been modified twice. The current space can not be utilized for any more adding onto since the ground space is maxed out and there are two fire doors that cannot be blocked. The additional tower will collocate Pocket and Cricket. To summarize, the original tower cannot be added to and the new tower will be built to withstand 130 mph winds due to its proximity to an assisted living facility which is within the fall radius. Vice Chairman Winship inquired about the fall radius and what type of liability insurance is carried in the event that a tower falls on the assisted living facility. Mr. Gonzalez stated that he did not know the specifics of the liability insurance that the engineers acquire for these towers,but did know that the cell phone towers are insured. Mr. Gonzalez further stated that alternate locations were sought for this tower, but this location was favored ultimately. 2. Leon Loeb, Landlord Resources, 921 N. Chaparral, Corpus Christi, Texas, 78401. Mr. Loeb stated that Crown Castle and their predecessors have been occupying the current property site for approximately fifteen years. Mr. Loeb stated that the new 130 ft. tower is needed due to the land that will be necessary for equipment of the two new tenants in addition to the existing four tenants. In opposition: No one came forth in opposition. Chairman Mauck closed the Public Hearing. Motion for approval was made by Board Member Tinney, In accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0809-03, a request for a Special Use Exception to install and operate a cell phone tower 130 feet tall in an area 600 square feet, more or less out of Country Club Estates Subdivision Unit 19, Block 2, Lot 6,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 construction and operation of the proposed cell phone tower must comply with Article 27C. 2. The Special Use Exception shall expire within 12 months of the date of this hearing if construction of the project is not commenced. 3. A building permit is required. The motion was seconded by Board Member Johnson. Motion passed with Chairman Mauck voting no. Zoning Board of Adjustment Minutes August 26,2009,Page 6 of 9 d. Appeal No. ZBA 0809-04 Jason Segrest and Cindy Scholl. Request for a Variance to reduce the side yard setback requirement. The site is Edgewater Terrace,Block 11, Lot 6A located on the north side of Idylwood Drive approximately 600 feet east of Canterbury Drive. Shelly Shelton presented a PowerPoint presentation on ZBA 0809-04. The appellants are requesting a Variance to reduce the side yard setback requirement. Existing Land Use and Zoning: "R-IA" One-Family Dwelling District. The subject property is a one-family dwelling. The Land Use to the north, south, east, and west is Low-Density Residential. The recommended Future Land Use for the Subject Property is Low-Density Residential. The recommended Future Land Use for the adjacent properties to the north, south,east, and west is Low-Density Residential. Twenty notices were mailed with one received back in favor and three in opposition. One phone call was received in favor; however,the notice has not been received as of this hearing. Staff Comments: The appellants plan to purchase part of their neighbor's property. The appellants added onto the rear of their home and did some remodeling in 2003. In 2004, they had a survey done and the property was re-platted because some time in the past, four feet of the side yard of the subject property was sold to the adjacent property owners. The appellants decided to add on again in 2005. They hired a contractor, who obtained a building permit and subsequently added onto their home. The addition was about 1,300 square feet. The addition consisted of a double car garage (they no longer had a garage after the 2003 remodel) and they added more living space above the two car garage making that section of the house two stories. Later, the appellants put their house up for sale and moved to another home. After some time on the market, a prospective buyer came along. The prospective buyer requested a survey so he could put up a fence. It depicted the two story addition crossing the property line. The appellants called the surveyor and questioned the original survey. After several surveys, it turns out that the garage addition crosses the property line 1.2 feet at one point with 8.9 feet between the houses. A couple of options are being explored by the appellants. Acquiring more property is one option. The appellants have offered to buy a portion of the neighbor's property. The neighbors have enough property to sell five feet along the property line to the appellants and remain in compliance with the side yard setback requirement themselves. In addition to purchasing more property, the appellants need a side yard setback requirement reduction because even with the additional five feet the house will still be encroaching into the setback 14.4 inches. The appellants are requesting that the side yard setback requirement be reduced. Another option is removing part of the two story addition (over six feet). During a discussion with Staff,the appellant stated that this option is not appealing because it would necessitate removing a stairway and bathroom at that end of the addition and altering the foundation. And the potential sale of the house may he jeopardized if the house is altered. The largest encroachment is 1.2 feet. • 1111110 Zoning Board of Adjustment Minutes August 26,2009, Page 7 of 9 There is one area where it is a little over one-fourth of an inch, and yet another area is 2.28 inches at the back. Chairman Mauck opened the public hearing. In favor: 1. Joe Fulton, 302 Country Club Drive, Corpus Christi, Texas, 78412, Attorney for Jean McTaggart. Mr. Fulton stated that Jean McTaggert is willing to sell a portion of her property to the Segrests. 2. Jason Segrest, 317 Cape Henry, Corpus Christi, Texas, 78412, explained that the Variance is needed for the setback to be zero feet instead of five feet. In opposition: No one came forth in opposition. Chairman Mauck closed the Public Hearing. Motion for approval was made by Board Member Winship, In accordance with Section 29-5 of the Zoning Ordinance, I move that Appeal No. ZBA 0809-04, a request for a variance to reduce the side yard setback from five feet to zero feet on Edgewater Terrace,Block 11, Lot 6A, be approved on the finding that the extraordinary and exceptional situation or condition of such a piece of property,the strict application of the side yard setback requirement would result in peculiar or exceptional practical difficulties to,or hardship upon the owner of the subject property. Seconded by Board Member Tinney. The motion passed unanimously. e. ZBA 0809-05 City of Corpus Christi: Requests Alternative Compliance with the Article 27B Landscape Requirements for the proposed South Guth Park. The site is 0.47 Acres out of Peary Place and Flour Bluff and Encinal Farm Garden Tract Section 31, 36 Acres out of, Lot 11 and 12 located on the west side of Paul Jones Avenue approximately 2,000 feet south of South Padre Island Drive. Shelly Shelton presented a PowerPoint presentation on ZBA 0809-05. Project: South Guth Park Ball Field Relocation. Appellant: City of Corpus Christi. Representative: Terry Orf of Naismith Engineering. Subject Property: 1901 Paul Jones Avenue. The appellant is requested Alternative Compliance to Article 27B Landscape Requirements. Zoning and Existing Land Use: The Subject Property is zoned "F-R" Farm-Rural and "R-2" Multiple Dwelling District, undeveloped except for one vacant house. To the south and west, the adjacent properties are vacant. To the north, the property is vacant and Medium-Density Residential and to the east, the adjacent property is Low-Density Residential. Future Land Use: The recommended Future Land Use for the subject property is Low and Medium- • Zoning Board of Adjustment Minutes August 26,2009,Page 8 of 9 Density Residential. The recommended Future Land Use for the surrounding properties to the south,east and west is Low-Density Residential The recommended Future Land Use for the adjacent property to the north is Medium-Density Residential. Landscaping Requirements and Proposed Plan: Streetyard 1,606,224 square feet(30%) 481,867 square feet required 1,298,411 square feet provided Streetyard 1,606,224 square feet (0.06 points per square foot required) 96,373 points required 4,521 points provided The proposed project will significantly exceed the total landscape area requirement; however, the City requested a reduction in the point requirement from 96,373 to 4,521 to accommodate the league request for open pre-game warm up areas around the ball fields. Twenty-nine notices were sent out and one was received back in favor and one was received back in opposition. Staff Comments: In this case, tailoring the landscaping requirements to the type of project proposed is reasonable. The subject property will be used as a ball field venue that necessitates openness for the participation in the sporting events and allows viewers to see the activities while monitoring their children in a family oriented atmosphere. The proposed project is part of a larger phased development that will provide other green space and enrich the lives of the residents of the City of Corpus Christi. Chairman Mauck opened the public hearing. In favor: 1. Jim Upton, 6910 King Arthur, Corpus Christi, Texas. Mr. Upton said that the children need open space for warm-up before games and that parental supervision with the open spaces is needed as well. 2. Jerry Shoemaker, City of Corpus Christi Consultant, Engineering Department, 1201 Leopard St., Corpus Christi, Texas. Mr. Shoemaker restated all the specifics of the project and asked the Board if there were any questions. There were no questions. 3. Terry Orf, Architect with Naismith Engineering, 4501 Gollihar, Corpus Christi, Texas. He agreed about the open space needed for the ball field and said he hopes the Board will approve the Variance requested. In opposition: No one came forth in opposition. Chairman Mauck closed the Public Hearing. Zoning Board of Adjustment Minutes August 26,2009,Page 9 of 9 Motion for approval was made by Board Member Johnson, In accordance with Section 29-5 of the Zoning Ordinance, I move that Appeal No. ZBA 0809-05,a request for Alternative Compliance with the Article 27B Landscape Requirements on 0.47 Acres out of Peary Place and Flour Bluff and Encinal Farm Garden Tract Section 31, 36 Acres out of Lots 11 and 12,be approved on the finding that the extraordinary and exceptional situation or points required result in peculiar or exceptional practical difficulties to, or hardship upon the owner of the subject property. Seconded by Board Member Molina and the motion passed unanimously. III. ADJOURNMENT Motion for adjournment was made by Chairman Mauk and seconded by Board Member Tinney. Motion passed unanimously. Meeting adjourned at 4:35 p.m. 004.6:u) Shelly S c I gin Debbie Goldston City Planner Recording Secretary Zoning Board of Adjustment Administrator