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2018-11-01 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 NOVEMBER 1, 2018 AT 6:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. The following Board members were present: Mark Lewis, Chairperson Jerry Acosta, Vice -Chair Teresa J. Del Valle, Secretary Don Glenn, Board Member John Gehrig J.R., Alternate Christopher Tristan, Alternate The following members were absent: Gary Shrum, Board Member City Staff: Lawrence Provins, Deputy City Attorney; Martin Griggs, Planning Manager; Mohamed A. Bireima, Planner II; Monica Aizpurua, Office Assistant. I. CALL REGULAR MEETING TO ORDER Chairperson Mark Lewis called the meeting to order at 6:03 p.m. II. APPROVAL OF MINUTES OF THE OCTOBER 4, 2018 MEETING Secretary Teresa J. Del Valle made a motion to approve the October 4, 2018 minutes. Board Member Don Glenn seconded the motion. The motion carried 5 to 0. III. NEW BUSINESS A. ZBA APPLICATION NO. VARZ 18-00014 1. CALL PUBLIC HEARING TO ORDER Chairperson Mark Lewis opened the public hearing for ZBA Application No. VARZ 18- 00014. 2. PURPOSE OF THE HEARING: A request by Tyler Diamond, applicant, on behalf of Mathew John, owner, for an appeal of the interpretation of the requirements of Chapter 2, Zoning Regulations, as permitted by the Unified Development Code, Ordinance No. 2000-T, regarding the location of a gas station's point of sales within the General Business (GB) zoning district (Section 2.5.2.1.), to wit Legal Description: Lot 1 & Lot 2, Block 1 of the JKJ Development, an addition to the City Page 1 of 6 ZBA minutes 11/04/18 of Pearland, Brazoria County, Texas, according to the plat recorded in Document No. 2015048543 in the Plat Records of Brazoria County, Texas. General Location: 4700 Block W. Orange Street, Pearland, TX 3. APPLICANT PRESENTATION Applicant representative, Tyler Diamond with Yellow Diamond Realty. Mr. Diamond is the agent with the exclusive listing on the property in question. His address is 2021 Guadalupe #260 Austin TX 78705. Mr. Diamond informed the board that the property was for sale on a marketing website called Loopnet. He informed board that in the six months of the property being on the market, the property had received over 120,000 views, based on the Loopnet data. Mr. Diamond has received multiple calls about the property, and all but two calls, were calls from people interested in building and opening a gas station on the property. Mr. Diamond stated that the market had spoken and the highest and best use for the property was gas. He indicated that the property would not sell due to the fact that everyone that was interested in the property was wanting to build a gas station on it, and that it was a tremendous loss to his clients to not be able to sell gas on the subject property. Mr. Diamond asked for the interpretation of the phrase "Point of Sale" that was used in the Public Notice by the city. Mr. Diamond quotes that the phrase "Point of Sale" was not located in the city's code, he indicated that he was only able to find the word point in Chapter 2, and it was used six times. Mr. Diamond and his client only requested for people to be allowed to pay for gas at the pumps that are located in the M1 zoning, where gas is allowed. Mr. Diamond stated that he and his clients would be gratefully appreciative if people would be allowed to also make payment in the convenient store located in GB zone on the proposed site plan, but it was not necessarily something that he and his clients were insisting upon. 4. STAFF REPORT Mr. Bireima presented the Staff Report with exhibits and information on the case. Mr. Bireima stated that the applicant's request was an appeal of the interpretation of the requirements of Chapter 2, Zoning Regulations, with regards to the location of the gas station's point of sales within the General Business (GB) zoning district (Section 2.5.2.1). Mr. Bireima explained the staff's interpretation of the point of sales for the gas would be the proposed convenience store located within the General Business zoning district where the gas station would not be allowed by right. The application's request is an appeal of the staff's determination, arguing the interpretation that the point of sale would be at the pump thus allowing the sale to be conducted all within the M-1(Light Industrial) zoned property where the use would be allowed by right. Mr. Bireima presented a map with the surrounding zoning area and uses. The proposed site plan is a development of a 4,528 square feet convenience store with gas station. Mr. Bireima stated that in 2006 an application for a Conditional Use Permit was denied, for a convenience store and gas station by City Council for this subject property. Mr. Bireima stated that the UDC define a gasoline station to be an establishment where gas is sold and is disperse into motor vehicles. Mr. Bireima stated that if the gas station was fully disjointed from the convenience store use, then the two uses can be permitted. However the site plan that was provided showed that the uses are connected. Mr. Bireima argued that the determination was accurate and consistent with the UDC and that the applicant had failed to explain how and why staffs determination was erroneous or Page 2 of 6 ZBA minutes 11/04/18 inaccurate, and how their interpretation would meet the zoning regulations. The Staff recommended that the board uphold the determination made by city staff by denying the appeal request made by Tyler Diamond. 39 letters were received in opposition to the request of the hearing. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST • Charles Buck Stevens 4701 W. Orange Pearland, TX. 77581. Neither in favor or opposed Mr. Buck was concerned with the zoning, traffic and the border of his property and the site plan's property. • Michelle Smith 2301 Willow Blvd. Pearland, TX. 77581. Oppose Mrs. Smith was concerned with the sense of community and Nick's Corner Store. • John Shaw 2310 Cedar St. Pearland, TX. 77581. Oppose Mr. Shaw provided the board members with an aerial map with the locations of all 30 local gas stations. He was concerned with the safety of the neighborhood children playing outside. • Nick Dhuka 4706 Orange St. Pearland, TX. 77581. Oppose Mr. Dhuka was worried about the children's safety, traffic, prostitution, drugs, and the disadvantage to his store with the opening of the convenience store and gas station. • Donald Smith 2301 Willow Blvd Pearland, TX.77581. Oppose Mr. Smith was worried about the safety of the community. • Victor Milam 5022 W. Plum Pearland, TX. 77581. Oppose Mr. Milam was worried about the traffic and safety. His home was hit by a car a few years back and his neighbor's home had been hit by a car 3 times in the past. 6. STAFF/BOARD/APPLICANT DISCUSSION City attorney Lawrence Provins clarified to the board that the issue was an interpreting to the UDC on where the gas would be sold. Staff was reiterating that gas would be sold where the land use is, and where the point of sale is and staff believes that's the building, the address, where property tax records are and that would be the convenience store itself. Mr. Provins commented that the applicant was referring to gas being sold where the pumps are located and gas is disperse. Mr. Provins explains that the information given by the speakers are compiling however are not in reference to zoning and not on topic of where the gas would be sold. Secretary Teresa J. Del Valle questioned the staff if there would be a single business or entity that will transact business for both selling gas and the convenience store operating for the entire property. Me. Bireima replied that staff does not have the answer to that question, but believe that it would be one development. Mr. Provins responds, that the plat that was provided, meaning its boundary was one unified entity and if they wanted to do something differently, they would have subdivided to have two different Tots and had provided a different site plan. Ms. Del Valle, reiterated that the lot would be one single business entity them. Page 3 of 6 ZBA minutes 11/04/18 Mr. Bireima stated that Ms. Del Valle was correct, configured on the site plan it appeared to be one single entity. Mr. Provins asks that the applicant was welcome to advise if other wised or if differ. Mr. Diamond answered, that at that point it was yet to be sold for that reason and would like any opinion if it would be operated in two entities. Ms. Del Valle communicated that the gas and the flow of the gas would be operated and controlled through the building. Mr. Provins inquires that the fire code emergency shut off switches and point of sales, credit card operations are both regulated and located at the pumps and in the convenience store. Ms. Del Valle clarifies that the point of sales are both controlled and regulated in the facility. Mr. Bireima agreed. Ms. Del Valle points out that the point of sales would be in the store and at the pump. Mr. Provins informs the board that if in favor, a Conditional Use Permit would still be needed and approved before allowing a general business zoning to grant the sale of gas. Martin Griggs showed the land use bracket on a gas station and convenience store and the differences between the zoning districts on what would be allowed and not allowed. Jerry Acosta states that looking at the site plan, credit card payment will be allowed at the pump but not in the convenience store. Mr. Griggs answered, either way the sale of gas would be processed at the store. Mr. Acosta goes no to say then the pumps locations are not relevant. Mr. Diamond states that he would like the ruling if payment would only allowed at the pump. Mr. Provins explained that staff would be unable to provide the applicant that information due to the site plan that was given. Ms. Del Valle stated that if the building was taken out of play, payment could not take place and gas could not be controlled. Mr. Bireima agreed with Ms. Del Valle and said the convenience store would really be a part of the infrastructural of the gas station. Mr. Acosta had a question about the properties plat and setbacks. Mr. Griggs provided all the answers to Mr. Acosta's questions. Mr. Provins helped by addressing that the zoning was split but the plat was unified. Mr. Bireima commented that the issue was not the way the property was subdivided. 7. ADJOURNMENT OF PUBLIC HEARING Chair Person Mark Lewis adjourned the public hearing for ZBA Application No. VARZ18- 00014 at 6:52 p.m. 8. CONSIDERATION AND POSSIBLE ACTION Board member Don Glenn made a motion to deny the appeal of the interpretation of the requirements of Chapter 2, Zoning Regulations, as permitted by the UDC, Ordinance No. 2000-T, regarding the location of a gas station's point of sale within the General Business zoning district. Secretary Teresa J. Del Valle seconded the motion. The motion carried 5 to 0. IV. NEW BUSINESS Page 4 of 6 ZBA minutes 11/04/18 B. ZBA APPLICATION NO. VARZ 18-00028 1. CALL PUBLIC HEARING TO ORDER Chairperson Mark Lewis opened the public hearing for ZBA Application No. VARZ 18-00028 2. PURPOSE OF THE HEARING: A request by Houtex Engineering LLC, represented by Zia Mohammadi, applicant, on behalf of Sherman Roto Tank LLC, owner for a special exception, as permitted by the Unified Development Code, Ordinance No. 20000-T, for a change to the structure to allow the construction of an outside storage yard(Section 2.7.3.2(c)), to wit: Legal Description: Lots 11 and 12 of Phase I, Brazoria County Industrial Park, Phase I and II, an addition in Brazoria County, Texas, according to the Plat recorded Volume 15, Page 389 of the Plat Records of Brazoria County, Texas. General Location: 8521 Industrial Drive, Pearland, TX. 3. STAFF REPORT Mr. Bireima give his staff report and stated that the applicant was requesting a special exception for a change to the status of a nonconforming structure to allow the construction of an outside storage yard. The 2.5 acre property is zoned M-2 Heavy Industrial district which requires a twenty five foot (25') side setback and a twenty five foot (25') rear setback. The existing buildings totaling 37,575, currently does not meet the minimum 25' rear setback along the north property line and the 25' side setback along the east and west property lines: therefor they are considered nonconforming structures. Mr. Bireima informed the board of the nearby property zonings and about the business on the subject property. Mr. Bireima stated that the applicants business had grown and therefor the property was in need for additional storage. Mr. Bireima referred to the UDC on a nonconforming use. Mr. Bireima concluded that staff recommends approval of the special exception request and that it had meet the criteria which allowed the expansion of the gross floor area, provided that such expansion would not decrease any existing setbacks. Staff had received one letter of support for the case. 4. APPLICANT PRESENTATION Wade Sherman represented himself and as well as his business partner. Address 8521 Industrial Drive, Pearland. Mr. Sherman indicated that he was wanting to put down a low impact, lay down yard that helps with the rain water. The business has growing and they were needing a little more elbow room. Mr. Sherman was open to any questions that the board had 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None Page 5 of 6 ZBA minutes 11/04/18 6. STAFF/BOARD/APPLICANT DISCUSSION Mr. Acosta clarified that the request was not for a structure/building but for the ground. Mr. Sherman replied, that he was correct. They were wanting to lay down a low impact and environmentally safe ground. Mr. Provins commented that the issues was not the lay down yard, but the permit that would be needed to issue it required the site to be in compliance and the setbacks were not in compliance on the property. 7. ADJOURNMENT OF PUBLIC HEARING Chair Person Mark Lewis adjourned the public hearing for ZBA Application No. VARZ18- 00028 8. CONSIDERATION AND POSSIBLE ACTION Vice Chair Jerry Acosta made the motion to approve the special exception request of the lay down yard VARZ18-00028. Secretary Teresa Del Valle second the motion. The motion carried 5 to 0 V. ADJOURNMENT Meeting was adjourned at 7:01 p.m. These minutes respectfully submitted by: Moni,izpurua, Office Assistant Minutes apvoved a- ubmitted this 1st day of November 2018. Mark Lewis, Chairperson Page 6 of 6 ZBA minutes 11/04/18