2014-04-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESf{
MINUTES
ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS
THURSDAY, APRIL 3, 2014, 6:00 P.M.
COUNCIL CHAMBERS
CALL REGULAR MEETING TO ORDER
ZBA Chairperson Dale Pillow called the ZBA Regular meeting of April 3, 2014 to order
at 6:06 pm with the following in attendance:
Chairperson Dale Pillow
Vice Chairperson Mark Lewis
Board Member Nita Griffin
Board Member Jerry Acosta
Alternate Board Member Derrell Isenberg
Non -voting members present were Alternate Board Member Jessica Anderson and
Alternate Board Member John Gehring.
Also in attendance were Planner Lauren S. Fehr, Deputy City Attorney Nghiem Doan,
Community Development Director Lata Krishnarao, Interim City Planner Johnna
Matthews, and Office Assistant Jennifer Tatum.
APPROVAL OF MINUTES
ZBA Alternate Board Member Derrell Isenberg made the motion to approve the
Minutes of the December 5, 2013, ZBA regular meeting, and Vice -Chairperson Mark
Lewis seconded the motion.
The vote was 5-0. The minutes of the ZBA regular meeting on December 5, 2013
were approved.
NEW BUSINESS
Planner Lauren S. Fehr discussed the Public Hearing Process.
ZBA APPLICATION NO. 2014-03
CALL PUBLIC HEARING TO ORDER
Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2014-03 at
6:10 pm.
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PURPOSE OF HEARING:
Request of Gartner Interest Ltd., owner and Brian Allen, applicant, for a Variance from
Section 2.2.2.1 (d) (3), of the Unified Development Code, Ordinance No. 2000-T, to
allow for the reduction of the minimum district size of a non-residential Planned
Development on the following described property:
2.9388 acres out of Lots 20, 21, and 22 of the George W. Jenkins Subdivision filed in
Vol. 2, Pg. 20, and out of the James T. Perry & Emily Austin League Abstract 111,
Pearland, Brazoria County, Texas. (1231 Broadway Street, Pearland, TX 77581)
Specific Location: The subject property is located at 1231 Broadway Street
STAFF REPORT
Planner Lauren S Fehr presented the staff report stating the applicant's intent is to
convert the primary building on site into a micro -brewery that will brew and distribute
beer, as well as provide a tasting room and retail operation open to the public. The
applicant does not intend to construct any additional buildings at this time and will
utilize the existing primary and accessory buildings on site. The applicant does plan to
add a cold room of less than 500 square feet in size to the rear of the existing primary
structure to be used as part of the micro -brewery process. The applicant is seeking a
variance to reduce the minimum district size of a non-residential Planned
Development from 3 acres to 2.938 acres for a total reduction of 0.062 acres or 2%.
APPLICANT PRESENTATION
Applicant Brian Allen 2914 Piccadilly Circus Pearland TX 77581 spoke about working
with the surrounding neighbors and neighborhoods, improving landscaping, making
repairs and updating the existing building. He also mentioned putting out picnic tables
near the proposed bike trail, and making the establishment kid friendly. Chair Person
Dale Pillow asked if the 30 ft. buffer would impact parking. Applicant said no and that
he planned on having about 50 spaces.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Clarence Henderson 2725 Shantel St Pearland, TX 77581 spoke in opposition with
regards to traffic, safety and noise levels.
Laurie Clemons 1207 Shadow Bend Dr. Pearland, TX 77581 spoke in opposition with
regards to the effects on her business.
Robin Clemons 1111 Broadway St. Pearland, TX 77581 spoke in opposition with
regards to undesirables coming to the area, drunk patrons, and noise levels.
Kara Clemons 1111 Broadway St Pearland, TX 77581 spoke in opposition with
regards to noise levels, intoxicated patrons, smells, and fumes.
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Lois Malden 1302 Jack St Pearland, TX 77581 spoke in opposition with regards to
littering, and the number of bars in the area already.
STAFF / BOARD / APPLICANT DISCUSSION
Vice Chair Person Mark Lewis asked if a Brewery could be located this close to a
Daycare. Deputy City Attorney Nghiem Doan said there were still several steps that
needed to be taken, that this hearing was just to allow the applicant to move forward
with the PD, not to approve the use of a brewery.
ADJOURNMENT OF PUBLIC HEARING
Chair Person Dale Pillow adjourned the public hearing for ZBA application No. 2014-
03 at 6:40 pm.
CONSIDERATION AND POSSIBLE ACTION
Vice Chair Person Mark Lewis moved to approve this application and Alternate Board
Member Derrell Isenberg seconded. The vote was 5-0. ZBA Application 2014-03 was
approved.
ZBA APPLICATION NO. 2014-04
PURPOSE OF HEARING:
Request of TSA Enterprises, Inc., owner, and Interplan Architects, Inc., applicant, for a
Variance from Section 2.4.5.1 (c) (2), of the Unified Development Code, Ordinance
No. 2000-T, to allow for the reduction of the minimum thirty (30) foot landscaping
setback requirement of the zoning district located on the following described property:
0.6089 acres out of a commercial reserve in Regency Park, Section 1, according to
the plat thereof recorded in Volume 9, Pages 1 & 2 of the Brazoria County Plat
Records, Brazoria County, Texas. (3301 Broadway, Pearland, TX 77581)
Specific Location: The subject property is located at 3301 Broadway Street
STAFF REPORT
Planner Lauren S Fehr stated for the record that ZBA Application Number 2014-04
had been withdrawn.
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ZBA APPLICATION NO. 2014-05
CALL PUBLIC HEARING TO ORDER
Chair Person Dale Pillow called the public hearing for ZBA application 2014-05 to
order at 6:40pm.
PURPOSE OF HEARING:
Request of TSA Enterprises, Inc., owner, and Interplan Architects, Inc., applicant, for a
Variance from Section 2.4.4.5 (k), of the Unified Development Code, Ordinance No.
2000-T, to allow for the reduction of the minimum twenty-five (25) foot required
setback landscaped buffer of the zoning district located on the following described
property:
0.6089 acres out of a commercial reserve in Regency Park, Section 1, according to
the plat thereof recorded in Volume 9, Pages 1 & 2 of the Brazoria County Plat
Records, Brazoria County, Texas. (3301 Broadway, Pearland, TX 77581)
Specific Location: The subject property is located at 3301 Broadway Street
STAFF REPORT
Planner Lauren S Fehr presented the staff report stating the applicant purchased the
land and intends to construct a small gas station and food mart on the subject parcel.
As the site is surrounded by developed property, there is no possibility of acquiring
additional land in order to meet the development requirements for this site. As the site
exists along Broadway St and Barry Rose Rd to the South and East, respectively. Due
to the current site layout constraints, the applicant is seeking this variance, to reduce a
portion of the minimum 25 foot landscaped buffer along the northern portion of the
property abutting a residential development by 464 square feet.
APPLICANT PRESENTATION
Ashish 6543 Emerald Canyon Rd Katy TX spoke on behalf of the owner.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Tammy Sutterfield 3302 Randall St Pearland, TX 77581 spoke in opposition in
regards to the closeness to her home, benzene fumes, and her livelihood.
Waylan Waters 3304 Randall St Pearland, TX 77581 spoke in opposition in regards to
the noise, smell, late hours, hazardous and the fence is not being maintained.
STAFF / BOARD / APPLICANT DISCUSSION
Chair Person Dale Pillow asked if there were pumps already in place, Planner Lauren
Fehr replied that there were not pumps at the present time and the site is currently
vacant. Alternate Board Member Derrell Isenberg asked if an environmental study has
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been done, the applicant replied yes.
ADJOURNMENT OF PUBLIC HEARING
Chair Person Dale Pillow adjourned the public hearing for ZBA application 2014-05 at
7:03pm
CONSIDERATION AND POSSIBLE ACTION
Board Member Jerry Acosta moved to approve and Board Member Nita Griffin
seconded. The vote was 3-2 with Dale Pillow, Jerry Acosta, and Nita Griffin for
approval and Derrell Isenberg and Mark Lewis voting in opposition. ZBA 2014-05 was
denied.
ZBA APPLICATION NO. 2014-02
CALL PUBLIC HEARING TO ORDER
ZBA Chair Person Dale Pillow called the public hearing for ZBA application 2014-02 to
order at 7:05pm.
PURPOSE OF HEARING:
Request of Dover Energy, Inc., owner, and John Roberts, agent, for a Variance from
Section 4.2.3.7 (b) (1), of the Unified Development Code, Ordinance No. 2000-T, to
reduce the total number of replacement inches required to replace Protected Trees
removed from a site located on the following described property:
14.087 acres out of a 36.166 acre tract of land in the James Hamilton Survey, Abstract
No. 876 in Harris County, Texas. (11951 Spectrum Drive, Pearland, TX 77047)
Specific Location: The subject property is located at 11951 Spectrum Drive
STAFF REPORT
Planner Lauren S. Fehr presented the staff report stating the property was recently
developed along Spectrum Dr. and Hooper Dr. Based on the current site conditions,
the property will not be able to meet the requirements for the number of replacement
trees necessary to mitigate for the trees that were removed during the site planning
and construction process. The unified Development Code addresses this issue and
provides applicants with three options for tree replacement below:
1. Plant replacement trees on site at a rate determined by type and size of tree
removed.
2. If unable to plant replacement trees onsite the applicant trees.
3. The applicant can choose to pay a mitigation fee into the Tree Trust Fund at a
rate of $200.00 per caliper inch of trees to be mitigated. Staff proposed a
condition of approval that would require the applicant to maintain and /or
replace the existing trees in the row regardless of who changed or removed
them.
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APPLICANT PRESENTATION
John Roberts 1400 Post Oak Blvd Ste 1400 Houston TX 77056, agent for Dover
Energy Inc. presented a power point. He discussed how Dover has maintained certain
trees located in the row and the planting of others.
STAFF / BOARD / APPLICANT DISCUSSION
Chair Person Dale Pillow asked Asst. City Manager Mike Hodge who would monitor
the fulfillment of this condition of approval and if there were penalties. Mike said we
would need to speak with our Urban Forester John Walters.
ADJOURNMENT OF PUBLIC HEARING
Chair Person Dale Pillow closed the public hearing for ZBA application 2014-02 at
7:20 pm.
CONSIDERATION AND POSSIBLE ACTION
Board Member Nita Griffin moved to approve and Vice Chair Mark Lewis seconded.
The vote was 4-1. Chair Person Dale Pillow opposed the action. ZBA 2014-02 was
approved.
ADJOURNMENT
Chair Person Dale Pillow adjourned the public hearing for ZBA application 2014-02
at 7:25 pm.
ADJOURNMENT
Chairperson Dale Pillow adjourned the public hearing at 7:25 p.m.
These minutes respectfully submitted by:
Jennifer Tatum, Office Assistant
Minutes approved as submitted and/or corrected on this 5th day of June 2014 A.D.
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Dale Pillow, Chairperson
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