2018-03-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON MARCH 01, 2018
AT 6:00 P.M. IN THE COMMUNITY DEVELOPMENT LARGE CONFERENCE ROOM
The following were present:
ZBA Chairperson Dale Pillow
ZBA Vice -Chairperson Mark Lewis
Board Member Donald Glenn
Alternate Board Member Gary Shrum
Alternate Board Member Teresa J. Del Valle
Also in attendance were: Deputy City Attorney Lawrence Provins, City Planner Jai
McBride, Senior Planner Martin Griggs, Planner Armon Irones, Planning Technician
Samin Bazargan and Office Assistant Alma Gonzales.
ZBA Chairperson Dale Pillow called to order the public hearing at 6:02 p.m. Alternative
Board Member Gary Shrum made a motion to approve, Vice -Chairperson Mark Lewis
seconded the motion. The motion carried 5-0.
APPROVAL OF MINUTES
1. ZBA Minutes for January 04, 2018 meeting.
NEW BUSINESS
ZBA APPLICATION NO. VARZ 18-00002
ZBA Chairperson Dale Pillow opened the public hearing for ZBA Application No. VARZ
18-00002 at 6:03 p.m.
(C
VARZ 18-00002 pictures.pdf
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Dale Pillow read into the record the purpose of the hearing.
PURPOSE OF HEARING:
A request of Clint Hammonds of Hammonds Construction LLC, applicant, on behalf of
Pearland West Church of Christ, represented by Dr. Gerald E. Lee, owner; for a
Special Exception as permitted by the Unified Development Code, Ordinance No.
2000-T, to waive the Corridor Overlay District requirements per Section 2.4.5.1. (c).
Legal Description: A Subdivision of 2.0424 acres, being a replat of Lots 1 & 2,
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Skyway Manor Subdivision Volume 7, Page 67, B.C.D.R. located in the H.T. & B.R.R.
Co. Survey, Abstract 241, Brazoria County, Texas.
General Location: 7030 Broadway Street, Pearland Texas, 77581
Planner Armon Irones presented the Staff report with exhibits and informed that one
comment form was received in favor of the request and one phone call for further
information was received. Staff recommended approval of the special exception to allow
the parking spaces along Broadway Street to remain within the Corridor Overlay District
required 30' building line setback. The subject property was built in 2001 and the parking
configuration is an existing site condition. Relocating these spaces on a limited site
would be very challenging and costly. The parking does not create a nuisance or a
hazard and to enforce the COD guidelines upon the property would be burdensome
since the new property owner did not create the original parking layout.
Applicant Clint Hammond, 2245 Texas Dr. #300, Sugarland, TX 77479, gave a brief
presentation and was available for questions and comments.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
1. Cara Campbell, 2723 Manvel Rd., Pear. TX 77584. Ms. Campbell's concerns
were the drainage, detention and previous flooding due to past construction.
Mr. Hammond informed that they would be providing drainage plans and
detention once they applied for the construction permit.
2. Mike Doleski, 2723 Manvel Rd., Pear. TX 77584 spoke against the variance
request .Mr. Doleski shared the same drainage and flooding concerns as Ms.
Campbell.
3. Representative for Pearland West Church of Christ, Dr. Gerald Lee, 7030
Broadway, Pear. TX 77584 informed that he did not think the variance for the
parking addition would be responsible for flooding and the new drainage plans
would be consistent with present requirements.
STAFF/BOARD/APPLICANT DISCUSSION
Alternative Board Member Gary Shrum commented on the Citizens concerns of the
parking variance. ZBA Chairperson Dale Pillow asked Staff when future plans for the
street to be widen were and what was the required landscape buffer. Mr. Irones
informed the requirement was for a 25 foot buffer. Alternative Board Member Gary
Shrum asked Staff what the process would be if the variance was granted. Mr. Irones
explained the permitting process and reviews from different City departments would be
required before approving a permit. Board Member Don Glenn informed that he was a
registered Civil Engineer and did not believe that the special exception would affect the
flooding or drainage. A discussion ensued by Alternative Board Member Teresa DeValle
and Mr. Shrum on the non -conforming use and the adverse effect this may or may not
create on the parking spaces. Deputy City Attorney Lawrence Provins clarified for Mr.
Shrum.
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ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Dale Pillow adjourned the public hearing for ZBA Application No.
VARZ 18-00002 at 6:36 p.m.
CONSIDERATION AND POSSIBLE ACTION
ZBA Vice -Chairperson Mark Lewis so moved to approve the special exception
request, Alternative Board Member Gary Shrum seconded the motion. The motion
carried 4-1. Mr. Shrum was opposed to the special exception.
ADJOURNMENT
ZBA Chairperson Dale Pillow adjourned the public hearing at 6:38 p.m.
ZBA APPLICATION NO. VARZ 18-00003
ZBA Chairperson Dale Pillow opened the public hearing for ZBA Application No. VARZ
18-00003 at 6:38 p.m.
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Dale Pillow read into the record the purpose of the hearing.
PURPOSE OF HEARING:
A request of Stantec Consulting Services Inc., represented by Jason Link, applicant,
on behalf of MR/299-59 Retail Partners, Ltd., represented by Ed James, owner; for a
Special Exception/Variance as permitted by the Unified Development Code,
Ordinance No. 2000-T, for a refuse container to be permitted along the front area to
Business Center Drive per Section 2.2.2.3.
Legal Description: Being a 0.9640 acre (41,991 square feet) parcel of land situated
in the H.T. & B. R.R. Survey, Abstract 300, in Brazoria County, Texas, and being a
portion of Lot 1 (Tract C-5), Business Center PD Land Use Area 1, Block 1, of 3300
Block of Business Center Drive, Development Plat, Business Center Planned
Development, Tract C-5, a subdivision recorded in document number 2015043787,
Brazoria County Plat Records.
General Location: 3621 Business Center Drive, Pearland Texas, 77584
Planning Technician Samin Bazargan gave a presentation with exhibits and notified
there was one comment form received in favor of the special exception and zero phone
calls were received. Staff recommended approval of the variance to allow the
construction of the proposed restaurant with the refuse container along the frontage
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area of Business Center Drive, according to the specifications of the attached plans.
The hardship is created by the definition of corner lot in the UDC which states that a
corner lot has two front yards. The building's lot coverage and the lot's configuration
limits the placement of the refuse container. The refuse container will be setback at
least 45' from the property line according to the site plan drawings and will be enclosed
on three sides, which will conceal the container from the public's view along Business
Center Drive.
Applicant Representative, Jason Link, 11934 Jasmine Way, San Antonio TX 78253,
gave a brief explanation of their request and was available for comments and
questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
STAFF/BOARD/APPLICANT DISCUSSION
ZBA Vice -Chairperson Mark Lewis asked Staff the screening requirements. Planner
Armon Irones informed it would be closed on both sides of the property. ZBA
Chairperson Dale Pillow asked the applicant what would be thee access to the dumpster
for any vendor that would be emptying it. Mr. Link informed that the access would be
from Business Center Dr. and showed the facing of the doors.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Dale Pillow adjourned the public hearing for ZBA Application No.
VARZ 18-00003 at 6:46 p.m.
CONSIDERATION AND POSSIBLE ACTION
Board Member Don Glenn so moved to approve the request, ZBA Vice -Chairperson
Mark Lewis seconded the motion. The motion carried 5-0
ADJOURNMENT
ZBA Chairperson Dale Pillow adjourned the public hearing at 6:49 p.m.
ZBA APPLICATION NO. VARZ 18-00004
ZBA Chairperson Dale Pillow opened the public hearing for ZBA Application No. VARZ
18-00004 at 6:49 p.m.
(evil
VARZ 18-00004 presentation,pdf
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CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Dale Pillow read into the record the purpose of the hearing.
PURPOSE OF HEARING
A request of R&N Developers, represented by Nitin Narang, applicant/owner; for a
Special Exception/Variance as permitted by the Unified Development Code,
Ordinance No. 2000-T, to increase the maximum height for a single-family home per
Section 2.4.2.2.
Legal Description: A 9.8730 acre tract of land, being a part and out of a called
19.880 acre tract (4.52 acre tract & 15.23 acre tract combined) situated in the W.T.
Dodson Survey, Abstract No. 187, Brazoria County, Texas, said 9.8730 acres
recorded in Brazoria County Clerk's File No. 2014-037948.
General Location: 1458 Stone Road, Pearland, TX 77581.
Planner Armon Irones gave a presentation with exhibits and notified that there was
one comment form received in favor of the variance and three phone calls requesting
additional information. Staff recommended denial of the variance to allow a total height
of 47' for a single-family home instead of the required 35'. The applicant does not
have an undue hardship created by the physical shape or topography of the land nor
is there a hardship created by the adjacent properties. The single-family home is near
Clear Creek which could possibly flood and staff supports the idea of the home being
raised but it still cannot be higher than 35' from the foundation to the top of the roof.
There is no hardship other than the property owner wanting a single-family home with
a height greater than what is allowed in the UDC; therefore staff cannot support this
variance.
Applicant Nitin Narang, 1458 Stone Rd., Pear. TX 77584 gave a slide presentation
and was available for comments and questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
1. Juanita S. Sutherland, 1808 Washington Irving, Pear. TX 7758, had questions
on dirt being used to build up.
2. Designer, Krishnaprakha K. Radhakrishuan, 1600 Eldridge Pkwy. #3806, Hou.
TX 77077. In favor of the variance.
STAFF/BOARD/APPLICANT DISCUSSION
Alternate Board member Gary Shrum asked the applicant what would be the design
fixture. Mr. Narang explained his intentions for the change of the height allowance would
be strictly for architecture reasons. ZBA Chairperson Dale Pillow asked applicant if the
structure shown on top of the house would be enclosed. Mr. Narang informed it would
not be enclosed with no access. ZBA Vice -Chairperson Mark Lewis inquired if the height
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included the dirt that would be used to bring up the house. Mr. Irones explained the
base elevation to the top is 36 feet and another 11 feet for the architectural dome. Mr.
Glenn inquired on the natural grade to first floor, Mr. Irones informed it would be 4 feet
which would but not be included in the overall height being requested. Mr. Lewis
inquired if there was a particular reason why the requirement was 35 feet for this
particular area, Mr. Irones explained for most of the residential zoning districts the height
is 35 feet. Senior Planner Martin Griggs explained this requirement is to keep the scale
to the size of the lot. Discussion ensued on the height requirements. Alternative Board
Member Teresa Del Valle asked clarity on a cabana structure being placed. The
applicant and designer informed there would not be a cabana structure. ZBA
Chairperson Dale Pillow had concerns with limiting or restricting future development on
features of this type. Mrs. Pillow would like to recommend City Council look in the UDC.
Deputy Attorney Lawrence Provins explained scaling and sub dividing on the property.
Property owner Mrs. Sutherland had a concern with drainage and flooding. The
applicant informed that a detention pond was to be install to compensate for the
construction which would have to go through city Staff before approval. Mr. Shrum
supports the one foot exception. Mr. Glenn asked if approved the limit would be up to
the forty seven feet. Staff informed yes it would.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Dale Pillow adjourned the public hearing for ZBA Application No.
VARZ 18-00004 at 7:19 p.m.
CONSIDERATION AND POSSIBLE ACTION
Board member Don Glenn so moved to deny the request, ZBA Vice Chairperson Mark
Lewis seconded the motion. The motion failed 0-5. Board member Don Glenn so
moved to approve the request, Alternative Board Member Gary Shrum seconded the
motion. The motion carried 5-0.
ADJOURNMENT
ZBA Chairperson Dale Pillow adjourned the public hearing at 7:19 p.m.
ZBA APPLICATION NO. VARZ 18-00005
ZBA Chairperson Dale Pillow opened the public hearing for ZBA Application No. VARZ
18-0000 at 7:23 p.m.
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Dale Pillow read into the record the purpose of the hearing.
PURPOSE OF HEARING
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A request of Terralab Landscape Architects, LLC, represented by Pete
Simpson, applicant, on behalf of Meritage Homes, represented by Carlos
Vieira, owner; for an appeal as permitted by the Unified Development Code,
Ordinance No. 2000-T, to the tree mitigation determination made by the City's Urban
Forester per Section 1.1.5.2 (b) (2).
Legal Description: 39.6767 acres being out of Lots 20, 21, 22, & 23 Allison -Richey
Gulf Coast Home Company Subdivision of Section No. 6 H.T. & B. R.R. Co. Survey,
Abstract No. 544 (Vol. 136, Pg. 500 B.C.D.R.), City of Pearland, Brazoria County,
Texas.
General Location: 1700 Block of Hatfield Road, Pearland, TX 77581.
Urban Forrester Jerry Bradshaw presented the staff report and exhibits and informed
that Staff recommends upholding the determination made by City Staff by denying the
request made by TerraLab Landscape Architects LLC. Staff does not agree with the
provided tree health report or their interpretation of House Bill 7. During my site visit I
performed a Level 1 visual assessment which is a visual assessment of an individual
tree or population of trees near specified targets to identify obvious defects or specified
conditions. A visual assessment typically focuses on identifying trees with an imminent
and/or probable likelihood of failure. As a practicing Arborist for 16 years I was able to
thoroughly determine if there were obvious defects or ailments with the subject trees. If
I would have seen obvious defects I would have required the applicant to consult with
an Arborist who is credentialed by the International Society of Arboriculture (ISA) to
conduct a Tree Risk Assessment Qualification (TRAQ) for the subject trees.
Applicant representative Bad Beale with Meritage Homes, 1403 Surrey Ln.,
Friendswood TX 77546, gave a slide presentation and was available for comments and
questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Board certified Master Arborist Eric Putman, 1112 Ave. A '/z, San Leon TX 77539,
assisted Mr. Beale in the presentation.
STAFF / BOARD / APPLICANT DISCUSSION
Board Member Don Glenn asked for clarification if the variance exception would be for
replacement or preservation of the trees. City Deputy Attorney Lawrence Provins
explained the replacement is based on the preservation so the ZBA would decide if
the trees are diseased, damaged or imment threat to persons or property. Alternative
Board Member Gary Shrum asked for clarification, Mr. Provins explained the
challenge was whose interpretation would be applicable on this case. Mr. Shrum
asked for clarification on the use of binoculars. Mr. Bradshaw explained the report that
was provided to him. Alternative Board Member Teresa Del Valle asked for
clarification on defining disease trees. Mr. Provins explained the punctuation provided
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in the staff report.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Dale Pillow adjourned the public hearing for ZBA Application No.
VARZ 18-00005 at 8:08 p.m.
CONSIDERATION AND POSSIBLE ACTION
Alternative Board Member Teresa Del Valle so moved to uphold the determination of
the City Staff and deny the appeal made by TerraLab Landscape Architects
LLC. Alternative Board Member Gary Shrum seconded the motion. The motion
carried, and the appeal was denied because an appeal of the City Staff's decision
requires a super -majority which was not obtained. ZBA Vice -Chairperson Mark Lewis,
Board Member Don Glenn, and Alternative Board Member Gary Shrum were opposed
to the denial and voted to grant the appeal. However, there were insufficient votes to
grant the appeal.
ADJOURNMENT
ZBA Chairperson Dale Pillow adjourned the public hearing at 8:08 p.m.
ZBA APPLICATION NO. VARZ 18-00006
ZBA Chairperson Dale Pillow opened the public hearing for ZBA Application No. VARZ
18-00006 at 8:13 p.m.
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Dale Pillow read into the record the purpose of the hearing.
PURPOSE OF HEARING
A request of Benchmark Engineering, represented by Eric Guzman, applicant, on
behalf of Richard Reinitz, owner; for a Special Exception/Variance as permitted by the
Unified Development Code, Ordinance No. 2000-T, to waive the Corridor Overlay
District requirements per Section 2.4.5.1. (c).
Legal Description: Lot 1, of Gabriel Enterprises Subdivision, a Subdivision in
Brazoria County, Texas, according to the map or plat thereof, recorded in Volume
19, Pages 291-292 of the Plat Records of Brazoria County, Texas.
General Location: 6307 Broadway Street, Pearland, Texas 77581.
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Planner Armon Irones presented the Staff report with exhibits and informed that one
comment form was received in favor of the request and no phone calls were received.
Staff recommended approval of the special exception to allow the property owner to
continue the non -conforming use and relieving him from the requirements of Section
2.4.5.1 (c) in the Corridor Overlay District of the UDC. The subject property was built in
1993 and the parking configuration is an existing site condition. Relocating the existing
seven spaces while also trying to find a location for the three proposed spaces that are
within the 30' setback would be very challenging to this expansion project. The parking
lot expansion does not create a nuisance or a hazard and to enforce the COD guidelines
upon the property would be burdensome since the property has limited frontage due to
a drainage ditch which runs along the property. Staff also recommends the property
owner place landscaping in the form of ornament trees and shrubbery along the east
property line as a substitution from the UDC landscaping requirements.
Applicant Representative Eric Guzman, 11106 Middleburg Dr., Tomball TX 77377, gave
a brief explanation on their intent for the variance and was available foe comments and
questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
None
STAFF / BOARD / APPLICANT DISCUSSION
ZBA Vice -Chairperson Mark Lewis asked Staff how many parking spaces were being
added. Staff informed it would be eight additional parking spaces. Alternative Board
Member Gary Shrum asked of the three spaces in the non -conforming status. Mr.
Provins gave an explanation of expansion for different uses.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Dale Pillow adjourned the public hearing for ZBA Application No.
VARZ 18-00006 at 8:24 p.m.
CONSIDERATION AND POSSIBLE ACTION
Alternative Board Member Gary Shrum so moved to approve the recommendation,
Board Member Don Glenn seconded the motion. The motion carried 5-0.
ADJOURNMENT
ZBA Chairperson Dale Pillow adjourned the public hearing at 8:25 p.m.
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These '+inutes respectfully submitted by:
Alma onz•i-s, Owe Assistant
Minutes approved as ubmitted a/
r corrected on this 9th day of August 2018 A.D.
'Mark Lewis, Vice=Chairperson
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