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2001-01-11 ZBA meeting REGULAR BOARD OF ADJUSTMENT MEETING January 11, 2001 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall EXECUTIVE SESSION: 6:30 P.M. If a need arises to seek the advice from the City Attorney as to the posted subject matter of this Board of Adjustment meeting, the issues or matters will be discussed in executive session. A. Pursuant to Section 551.071, Texas Government Code, the Board may meet in executive session to consult with the City Attorney regarding matters authorized by Section 551.071, for the following item posted on this agenda: 1. Legal issues concerning Case ZBA-359, Appeal of the Administrative Official's decision regarding the abandonment of legal nonconforming status of a concrete batch plant. REGULAR AGENDA: 7:00 P.M. 1. Call to Order. 2. Approval of Minutes of the November 30, 2000, Regular Board of Adjustment Meeting. 3. Administrative Comments. 4. Consider: Case ZBA-359, Appeal of the Administrative Official's decision, per Ordinance No. 480, Section 6.9.a (1) and (3), regarding the abandonment of legal nonconforming status of a concrete batch plant. Location: 1635 Brumlow Avenue, being legally described as Tract 2A, Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388- 113, Page 442, Plat Records, Tarrant County, Texas. Current zoning is "I-1" Light Industrial District. Appellant is Hanson Aggregate Central, Inc. Public Hearing. 5. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, January 5, 2001, at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,01111111,,,, OF y, Sandra L. LeGrand * $ ' City Secretary *~'•..~•~•~~cc.n> If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING January 11, 2001 6:30 P. M. MEMBERS PRESENT: Ralph Evans, Chairperson; Mike Sandlin, Vice Chairperson; John Smart, Lewis Miltenberger, John Reynal, Susan Johnson, Alternate #1. MEMBERS ABSENT: Ron Troy, Alternate # 2. STAFF PRESENT: Bruce Payne, Planning Director; Tara Brooks, Planner; Jean Bryson, Secretary; Brenda McDonald, Attorney; Ben Bryner, Planner. Mr. Evans advised the audience that the Zoning Board of Adjustment would be going into Executive Session pursuant to Texas Government Code, Section 551.071, to consult with the City Attorney regarding legal issues concerning ZBA Case # 359. Executive Session: Mr. Evans called the Executive Session to order at 6:30 P.M. Executive Session include (Evans, Sandlin, Smart, Miltenberger, Reynal, Johnson,). No action was taken as the result of the executive session. The executive Session ended 7:15 P. M. REGULAR AGENDA: 7:20 P. M. Agenda Item #2 Approval of the Minutes. The minutes of the November 30, 2000 Regular Board of Adjustment meeting were deemed approved by the Chair as presented. Motion: Johnson Second: Smart Ayes: Miltenberger, Reynal, Smart, Evans Abstained: Sandlin Nays: None Vote: 5 - 1 - 0 to approve Agenda Item #3 Administrative Comments. Ms. Tara Brooks, Planner, reported there are no Administrative Comments. Zoning Board of Adjustment Meeting page 2 January 11, 2001 Mr. Reynal stated he had a conflict of interest concerning Case # 359 and had filed a Conflict of Interest Affidavit with the Secretary. Mr. Reynal removed himself from the meeting. Agenda Item #4 ZBA Case # 359 Appeal ZBA Case # 359, Appeal of the Administrative Official's decision, per Ordinance No. 480, Section 6.9.a (1) and (3), regarding the abandonment of legal nonconforming status of a concrete batch plant. Location: 1635 Brumlow Avenue, being legally described as Tract 2A, Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-113, Page 442, Plat Records, Tarrant County, Texas. Current zoning is "I - 1" Light Industrial District. Appellant is Hanson Aggregate Central, Inc. Hearing. Applicant's Presentation: Dee Kelly, Jr. of Kelly, Hart, and Hallman Attorneys, representing Hanson Aggregate Central, Inc. presented facts of fair and legal matters concerning wrongful legal nonconforming use of the concrete batch plat at 1635 Brumlow. Mr. Brian S. Stagner, Attorney called George Tommy Abbott. Mr. Abbott, Hanson Aggregate Central, Inc. Vice President and Regional Manager, stated his knowledge of intent to resume production. Mr. Allen Taylor, City Attorney, cross-examined Mr. Abbott. Mr. Kelly made a rebuttal. Mr. Brian S. Stagner called James E. McClure. Mr. McClure, Hanson Aggregate Central, Inc. Occupational Health and Safety Manager, stated his knowledge of internal audit, suspended production and the action of T.N.R.C.C. and meetings. Mr. Allen Taylor, City Attorney, cross-examined Mr. McClure. Mr. Brian S. Stagner and Mr. Dee Kelly, Jr. made rebuttals. Zoning Board of Adjustment Meeting page 3 January 11, 2001 Agenda Item # 4 continued. Respondent presentation: E. Allen Taylor, City Attorney, presented facts showing that the concrete plant chose to close their concrete plant's operation at 1635 Brumlow Avenue in 1999. Mr. Allen Taylor called Bruce C. Payne. Mr. Bruce C. Payne, Planning Director, stated that the interpretation and enforcement of the Municipal Zoning Ordinance had determined that the concrete batch plant operated under the name of Pioneer Concrete by Hanson Aggregate Central, Inc. located at 1635 Brumlow, may not resume operation as a concrete batch plant because its status as a legal non-conforming use lapsed due to voluntary discontinuance of operation for a period greater than 180 days. Dee Kelly, Jr. crossed examined Mr. Payne. Mr. Allen Taylor made a rebuttal. Mr. Kelly made a rebuttal. Exhibits-Presented: Mr. Kelly presented: Exhibit S Copy of Texas Municipal Zoning Law Cover Exhibit T Letter from Texas Natural Resource Conservation Commission Mr. Taylor presented: Exhibit Answer to appeal Public Hearing. Eli Melton, 1680 Brumlow Avenue, spoke in opposition. Wanda Stowe, 1710 Brumlow Ave, spoke in opposition. Public Hearing Closed. Zoning Board of Adjustment Meeting page 4 January 11, 2001 Agenda Item # 4 continued. After a lengthy discussion and questions to Mr.Abbott and Mr. McClure a motion to deny was made. Motion: Sandlin Second: Johnson Mr. Evans advised the audience that the Zoning Board of Adjustment would be going into Executive Session pursuant to Texas Government Code, Section 551.071, to consult with the City Attorney regarding legal issues concerning Case ZBA-359. EXECUTIVE SESSION: Mr. Evans called the Executive Session to order at 10:15 P.M. Executive Session include (Evans, Sandlin, Smart, Miltenberger, Johnson,). No action was taken as the result of the executive session. The Executive Session ended 10:20 P.M. Mr. Sandlin stated all evidence was not submitted and withdrew the previous motion and Ms. Johnson withdrew the second. Mr. Kelly and Mr. Stagner agreed to furnish the copies of the evidence for the board's review. A motion was made to table ZBA Case # 359 to the next meeting January 25, 2001. Motion: Sandlin Second: Smart Ayes: Johnson, Miltenberger, Smart, Sandlin, Evans Nays: None Vote: 5-0 to table Agenda Item #5 Meeting Adjourned. A motion was made to adjourn the meeting. Motion: Miltenberger Second: Smart Ayes: Johnson, Miltenberger, Smart, Sandlin, Evans Nays: None Vote 5 - 0 to adjourn Zoning Board of Adjustment Meeting page 5 January 11, 2001 Meeting Adjourned 10:45 P. M. W. Ralph Evans, Chairman ~n Bryson ttended the meeting and prepared the minutes ATTEST: Of S04/1"' Sandra L. LeGrand City Secretary ZONING BOARD OF ADJUSTMENT SIGN IN SHEET DATE ~YlntAll/~i~. II, c~OD~ NAME ADDRESS CASE NO.