2021-07-15 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE SPECIAL MEETING VIA IN-PERSON/TELEPHONE/VIDEO
CONFERENCE OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND.
TEXAS HELD ON JULY 15, 2021 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 -Chairperson
Teresa J Del Valle, Secretary
Gary Shrum, Board Member
Christopher Tristan, Alternate
Natasha Charles, Alternate
The following members were absent:
Don Glenn, Board Member, John H. Gehring Jr., Alternate and Nicole Tonini, Alternate
City Staff: Lawrence Provins, Deputy City Attorney; Florence Buaku, Planner II; and Shelby Lowe,
Office Assistant
I. CALL REGULAR MEETING TO ORDER
Chairperson, Mark Lewis called the meeting to order at 6:02 p.m.
II. NEW BUSINESS
A ZBA APPLICATION NO. VARZ 21-00012: SPEACIAL EXCEPTION FOR
REDUCED LANDSCAPE BUFFER FOR RESTAURANT WITH DRIVE-
THRU
1. CALLPUBLIC HEARING TO ORDER
Chairperson, Mark Lewis opened the public hearing for ZBA Application No. VARZ 21 -
00010 at 6:02 p.m.
2. PURPOSEOF THE HEARING:
A request by Eric Abeln, Heights Venture Architects, Applicant; on behalf of Walmart Real Estate
Business Trust, owner; for a special exception, as permitted by the Unified Development Code,
Ordinance No 2000-T, to allow a reduced Corridor Overlay District (COD) front landscape buffer
for a proposed restaurant with drive-thru service in the General Commercial (GC) District (Section
2 2 5.2 (d)), to wit:
Legal Description: A subdivision of 23.6012 Acres of land, being a replat of restricted reserve
"A" 518, Dixie Plaza Partial Amending Plat, Volume 22, Page 289-290 BCPR, out of the Warren
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DC Hall Survey, A-70, City of Pearland, Brazoria County, Texas.
General Location: Portion of 1710 Broadway Street., Pearland, TX.
3. STAFF REPORT
Mrs Buaku presented the Staff Report with exhibits and information on the case. She informed
the board that the request was for a variance to reduce a parking setback /landscape buffer
within the Corridor Overlay District. Mrs Buaku informed the board that staff did not receive
any comments in -favor or against the request. Mrs. Buaku gave a brief history of the
property. She explained that the there were no Corridor Overlay District requirements in
2002 when the property was originally developed into a parking lot for Wal-Mart. The
existing parking lot was therefore legally nonconforming to the setback and landscaping
buffer requirement of the Corridor Overlay District. Additionally, between 2008 to 2010 Dixie
Farm Road was expanded, which brought the parking closer to the road. In 2021 the subject
property was platted and carved out of Wal-Mart parking lot. Mrs Buaku explained that the
applicant was requesting to maintain the existing curb line for the new drive-thru restaurant
parking lot which is 27'5" instead of the 30' required. Staff recommended approval for a
Special Exception to maintain reduced parking setback/landscaping buffer within the
Corridor Overlay District for the proposed restaurant with drive-thru.
4. APPLICANT PRESENTATION
Eric Abeln with Heights Venture Architects — 1111 North Loop West suite 800 Houston, TX.
77008. Mr. Abeln explained how the if they were to alter the parking lot and add 2'7", they
would disrupt the flow and misalign the existing drive path to the neighboring properties.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
6. STAFF/BOARD/APPLICANT DISCUSSION
Chairperson Mark Lewis questioned if they had a traffic study done. Planning Manager Martin
Griggs informed the board that during the building permit, they would need to complete a Traffic
Impact Analysis Worksheet. Mr. Abeln informed the board that they do not have the final TIA
completed, however he they will be submitting the TIA as part of the permitting process.
7. ADJOURNMENT OF PUBLIC HEARING
Chairperson, Mark Lewis adjourned the public hearing for ZBA Application No. VARZ
21- 000012 at 6:19 p.m.
8. CONSIDERATION AND POSSIBLE ACTION
Vice -chairperson, Jerry Acosta made the motion to approve the Special Exception as presented.
Secretary, Teresa Del Valle seconded the motion. The motion passed 5 to 0.
III. DISSCUSSION ITEMS
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None
IV. ADJOURNMENT
Meeting was adjourned at 6:19 p.m.
Thes , inutes respectfully submitted by:
Monit a Ai purua, Administrative Assistant
Minutes approved as submitted on this 2nd day of September 2021.
Mark Lewis, Chairperson
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