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HomeMy WebLinkAboutMinutes_ZBA_09.20.2005 Zoning Board of Adjustment Page 1 of 3 Minutes September 20, 2005 City of Georgetown Zoning Board of Adjustment Minutes September 20, 2005, at 6:00 P.M. City Council Chambers, 101 E. 7th Street Georgetown, Texas 78626 Members: William Moore, Acting Chair, Audrey McDonald, Richard Vasquez III, Earl Watson Absent: Danny Swafford, Ann Snell, Jim Jarvis Staff Present: Bobby Ray, Acting Director of Planning & Development, Trish Carls, City Attorney; Karen Frost, Recording Secretary This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board, appointed by the Mayor and the City Council, acts on requests for variances, interpretations and special exceptions under the Georgetown Zoning Ordinance. Order of Hearing Process:  Staff makes a presentation of the project to the Board;  The applicant is provided an opportunity to present their project to the Board;  The Board asks questions of both Staff and the applicant;  *The Public Hearing is open and both proponents and opponents are invited to speak;  The Public Hearing is closed and the Board deliberates on the merits of the case; and,  The Board generates findings to support their decision, a motion is made and seconded and a vote is taken on the motion presented.  Variance approvals require an affirmative vote of 4 members of the Board. * Those who speak, please identify yourselves for the meeting record. Regular Session - To begin no earlier than 6:00 p.m. Call to order: 6:02 p.m. with the Pledge of Allegiance 1. Action from Executive Session – There was not an Executive Session. 2. Consideration and possible action to nominate and elect a Vice Chair and Secretary for the new Term of Membership for the Commission (tabled from the March meeting). This action was once again tabled until the next meeting when the full Board should be present. 3. Public Hearing to Consider a Variance from Table 6.02.030 of the Unified Development Code (UDC) to allow a Maximum Height of 85 feet, where 35 feet is permitted, for the proposed Airport Traffic Control Tower of the Georgetown Municipal Airport located at 500 Terminal Drive. Bobby Ray, Acting Director gave a staff report of the facts of the case. The Airport Master Plan identifies the need for an Air Traffic Control Tower. The elevation of the proposed tower as submitted by the consultant is 85 feet. The maximum building height on the Zoning Board of Adjustment Page 2 of 3 Minutes September 20, 2005 airport property is 35 feet per the current development standards applicable to the site. Therefore a variance is requested. Staff based its recommendation on the findings that the use of an airport is unique to the development code and should be subject to development standards that reflect this uniqueness. The granting of the variance would not conflict with the Comprehensive Plan in that the Airport Master Plan Update establishes the need for an air traffic control tower. The Master Plan will be adopted as an element of the Comprehensive Plan, and therefore, the granting of the variance would actually serve as an implementation of the Comprehensive Plan. Boardmember Watson asked questions about the FAA standards and requirements. Travis McLain, Airport Manager, addressed the questions of the Board. He stated that the reason for the request is that the FAA has stated that 85 feet is the minimum height needed for the unobstructed line of sight and safe operation of the tower in the proposed location. This location is the only location that can be considered according to the design and engineering consultants. Boardmember Watson questioned the location and operation of the beacon on the tower. McLain responded that the beacon must be on top of the tower so as to not hinder the sight of the controllers, and the hours of operation are dusk to dawn. Chair Moore opened the Public Hearing at 6:18 p.m. B. Keith Peshak, 800 Oak Crest Lane, spoke in opposition of the tower and the operations of the airport. He submitted his letter for the record. Howard Fomby, 30410 Berry Creek and Vice-Chair of the Airport Advisory Board, addressed the moving of the beacon to a separate location from the tower and explained that would not be feasible, nor would turning it off at night when it is needed. He explained that since this tower would be visible from many locations in the city, extra funds have been allocated to improve the appearance of the tower and to make it appear more consistent with the community. Michael Simpson, 109 Windmill Cove, spoke about his concerns that if the tower is allowed there would be an increase in use of the airport and the safety concerns resulting from that increased use. Mark Dietz, 340 River Chase and Chair of the Airport Advisory Board, spoke for the tower variance request and explained the process and science that went into the designing of the tower by engineers. He also stated, to clarify another statement that was made, that the City will not have any expenses for staffing of the new airport as those positions are filled and funded by the FAA. Georgetown airport has been chosen by the FAA as needing the tower more than any other facility in Texas. Ron Doernbach, 128 Canyon Rd, and Vice-Chair of the Parks and Recreation Board, opposes the height of the tower being built that close to the adjacent neighborhoods and Zoning Board of Adjustment Page 3 of 3 Minutes September 20, 2005 states that the tower height is too excessive for a community of this size. He gave examples of airport towers in other major cities that were not this high. Chair Moore closed the Public Hearing at 6:43 p.m. Boardmembers deliberated the points. Discussion was held about whether the Board could debate the appropriate height of the tower. Ray clarified that the Board was only allowed to approve or deny the variance for the 85 foot tower. There was a discussion about the placement of the beacon on the tower and the options of the Board to offer alternative locations. Chair Moore stated he appreciated the speakers’ comments and that they are important in the decisions that need to be made. He stated that the fact that the tower was going to be built was regardless of the vote of the BOA and that the only thing they were voting on was the acceptance of the 85 foot tower. Ray reiterated the fact that approval of the variance request would require 75% of the Board’s approval, meaning all 4 members present would have to vote in the affirmative to approve this request. Motion by Boardmember McDonald to approve the requested variance from Table 6.02.030 of the Unified Development Code (UDC) to allow a maximum height of 85 feet, where 35 feet is permitted, for the proposed Airport Traffic Control Tower of the Georgetown Municipal Airport located at 500 Terminal Road, with reference to findings of fact as listed in the Staff Report. Chair Moore amended the motion to ask staff to research the height and location of the beacon and to mitigate the effects of the beacon on neighbors. Boardmember McDonald concurs. Second by Boardmember Watson. Vote 3-1 with opposition by Vasquez. This represents a denial of the variance. Motion by Board member McDonald to adjourn the meeting. Meeting adjourned at 7:05 p.m. ________________________________ _______________________________________ Approved, Will Moore, Acting Chair Attested, Audrey McDonald, Acting Secretary