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2022-12-01 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 DECEMBER 1, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Lewis opened the meeting for the Zoning Board of Adjustments Regular Meeting at 6:02 PM ZBA Chairperson, Mark Lewis ZBA Vice Chairperson Jerry Acosta ZBA Member, Donald Glenn ZBA Member, Todd locco ZBA Member, Gary Shrum ZBA Alternate Member, Natasha Charles ZBA Alternate Member, Christopher Tristian Also, present were Deputy City Attorney Lawrence Provins, Community Development Assistant Director Martin Griggs Senior Planner Mohamed Bireima, Urban Forester Jerry Bradshaw and P lanner I Patrick Bauer. N EW BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-19: Variance for a Reduced Landscape Buffer Within the Corridor Overlay District and Between Non Residential and Single Family Residential. CONSIDERATION AND POSSIBLE ACTION — VARZ 22-19: VARIANCE FOR A REDUCED LANDSCAPE BUFFER WITHIN THE CORRIDOR OVERLAY DISTRICT AND BETWEEN NON RESIDENTAL AND SINGLE FAMILY RESIDENTIAL P ublic Hearing: A request by Mandy Niscavits, owner, for three (3) variances as permitted by the Unified Development Code, Ordinance No 2000-T, to allow 1. Reduced front landscape buffer in lieu of the required 30' buffer by the Corridor Overlay District (Section 2.4.5.1(c)(2)); 2. Reduced landscape buffer along the east property line of a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district (Section 4.2.4.1(a)); and 3. Reduced landscape buffer along the west property line of a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district (Section 4.2.4.1(a)). Legal Description: Being the east 181 feet of Lot 2, Block 5, Herridge Miller Subdivision of 102 acres of land (unrecorded) situated in the H.T & B.R.R. Company Survey, Section 5, Abstract 237, Brazoria County, Texas. General Location: North of McHard Road and East of Hatfield Road. P lanner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that this variance conforms to two of the eight criterions for approval. Staff does recognize that the subject property is required to provide landscape buffers along all four property boundaries. Staff is concerned about maintaining a screen that provides 100% opacity, that existing vegetation may be impacted by the parking area being closer to the trees and additional landscaping may be required to fill in fewer opaque areas. Planner I Bauer presented other options to be explored. Staff is unable to recommend approval of Request 1. Planner I Bauer stated that should the Board decide to grant a reduction of the parking setback/landscape buffer along McHard Road, the Board may need to consider the extent of the reduction while taking into consideration how the surrounding properties will be impacted by the reduction if they decide to develop a non- residential use along McHard Road in the future. Staff is unable to recommend approval of Request 2 and 3. Planner I Bauer stated that should the Board decide to grant a reduction of the landscape buffer along the east and west property line for the property, the Board may need to consider the extent of the reduction or if additional screening materials (landscaping, fencing) are n eeded in order to ensure the adjacent residential properties are adequately screened from the proposed non-residential use. Applicant and Property Owner, Mandy Bennett Niscavits at 6518 Rice Road, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the ZBA Board. Ms. Niscavits stated that her and her husband are the property owners and would like to start their business on the property. She described her catering business. Ms. Niscavits stated that she has been in this career for 20 years and her business is currently located in Downtown Houston. She described her intentions for her business for this property. Ms. Niscavits stated that they do not n eed the parking spaces being required but preserving the trees on the property are important to her. Chairperson Lewis called for public input. Resident, Michael Johnston 4507 Lakefront Terrance Drive, Pearland, Texas, 77584, stated that Ms. Niscavits is a client and stated the reasons why they are applying for the variance. He stated that she has had difficulty building in the flood plain and the classification of her business. Mr. Johnston spoke about catering verses restaurants. He mentioned utilities on McHard Road and n ative landscaping existing on the land. Resident, Dihn Ho with Adico Engineering, LLC. at 2114 El Dorado Boulevard, Friendswood, Texas 77546, stated that this has been a difficult property to develop. He described the sites hardship due to the lot size and he said that pushing the plat line back would encroach on existing residential lots. Mr. Ho stated that this area will eventually be all commercial property, instead of residential. He described why they are asking for a reduced landscape buffer along McHard Road. Resident, Kenny Fernandez at 11107 Riverbank Ridge Lane, Houston, Texas 77089, stated that he is in favor of this variance request. Mr. Fernandez stated that he has known Ms Niscavits since high school and would like to support her business. He stated that he is an elected official o utside of Pearland and that there is some gray area with this variance request that is not in favor of Ms. Niscavits or her business. Mr. Fernandez stated that he thinks this variance should be approved and that Ms. Niscavits will beautify her business and bring more business to Pearland. Resident, Joesph Niscavits at 6518 Rice Road, Pearland, Texas 77581 stated that he is Ms. Niscavits husband He stated that they spoke to all surrounding eight neighbors and that they have all signed a letter in support of this variance. Mr. Niscavits stated that they want to keep the mature trees on the property. He stated the type of business they are trying to bring to Pearland will be great addition to the city and will attract people to the area. Mr. Niscavits stated that they will continually improve and beautify the property. Member Shrum asked staff about the lot details, including the zoning designation and the existing conditions on the property. Assistant Director Griggs stated that the applicant will have to subdivide the property. He described the details of the proposed site plan submitted by the applicant. Member Shrum and Assistant Director Griggs discussed the existing structures and the annexation and zoning of the property. Member Shrum and Assistant Director Griggs discussed the additional land that is noted on the proposed site plan that can be used to meet the Corridor Overlay District (COD) buffer. Assistant Director Griggs stated that if they did utilize the additional land that would resolve one of their requests. Member Shrum asked the applicant if they did utilize this additional land that they would have to clear a lot of existing vegetation. Ms. Niscavits stated that they are trying to protect 10 to 15-foot of existing perimeter of the property. She stated that 50% of the building space will be able to be utilized by their customers. Ms. Niscavits stated that there is 15-foot of space with vegetation and have an arborist to preserve the existing trees. She stated that they have pushed the plat line as far as they could and that they do have future for the residential side of the property to add an accessory structure for her parents to live in Member Shrum asked Ms. Niscavits if she could move the northern property line and detention pond another 15-feet north Ms. Niscavits stated that she was not able to apply for a special exception due to the zoning of the property and she would need to get a zone change in order to add an accessory structure to their home. Member Shrum asked staff if there are any other commercial developments along McHard Road right now. Assistant Director Griggs said that there currently is none due to McHard Road still being under construction and the properties currently have no access to McHard Road Member Shrum asked staff if there is any overlapping between the 2017 zone change request and the current variance request. Ms. Niscavits stated their reasoning for applying for a zone change and attempting to create a flag lot on their property in 2017. She stated that her neighbors received notice for the zone change and showed up in opposition for the zone change, so the zone change was denied due to not having a super -majority vote of approval from City Council Assistant Director Griggs stated that McHard Road is almost complete, and this is why subdivision of the property is allowed to take place currently, should ZBA act the applicants plan for development can move forward. Chairperson Lewis and Assistant Director Griggs discussed the Future Land Use Map designation for the property and the current zoning designation of the property. Assistant Director Griggs stated that their current request would allow their parking to encroach on the existing vegetation and if the COD landscape buffer requirement be maintained or reduced. He stated that staff has shown that the property line can be moved and the COD landscape requirements can be upheld. Member Lewis stated there is enough land, but no consensus on how the property can be developed. Assistant Director Griggs stated that the use of the property is affecting the development of the property, because they are wanting a catering business, that customers can dine -in and be used as an event center. He stated that these proposed uses will increase the parking requirements for the site, but also maintain the required site and development standards. Mr. Niscavits stated that there are no residential homes on the southern portion of the neighboring lots and that they will provide fencing for their neighbors' privacy. Member Charles and Planner I Bauer discussed the options to explore and the communication of these options between staff and the applicant. Chairperson Lewis asked the Board what they think of the proposed variances Member Glenn stated he would approve variances for the east and west sides of the property. Member locco stated that the ZBA's decision will set the precedent for McHard Road and agreed with Member Glenn that two separate actions may be necessary. Chairperson Lewis agreed with Member locco. Member Shrum stated that he does not have an issue with the requested variances for the east and west property line, but the COD requirements along McHard Road are a concern. Chairperson Lewis asked the Board if instead of granting reduction of the buffer by 50%, that they would consider reducing it by a 1/3. Assistant Director Griggs stated that staff would recommend maintaining the COD landscape buffer. Member Shrum stated that ZBA in the past has maintain the buffer requirements for commercial properties and has only granted a reduction to the buffer for residential properties with unique exceptions. Ms. Niscavits asked Urban Forester Bradshaw to speak about the existing conditions of the property and the trees located on the property. Chairperson Lewis stated that the Board does not need any more information about the trees located on the property, so there is not a need for Urban Forester Bradshaw to provide any further information to the Board. N o further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-19: Variance for a Reduced Landscape Buffer Within the Corridor Overlay District and Between Non Residential and Single Family Residential. Member Glenn made the motion to separate variance request number one from variance request number two and three, Member S hrum seconded the motion. Motion passed 5-0. Member Glenn made the motion to approve variance request number one as follows: Reduced front landscape buffer in lieu of the required 30 buffer by the Corridor Overlay District (Section 2.4.5.1(c)(2)) Member Shrum seconded the motion Motion failed 0-5. Member Glenn made the motion to approve variance request number two and three as follows: Reduced landscape buffer along the east property line of a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district (Section 4 2 4 1(a)); and Reduced landscape buffer along the west property line of a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district (Section 4.2.4.1(a)), Member S hrum seconded the motion. Motion passed 4-1. DISCUSSION ITEMS N o discussion. ADJOURNMENT Meeting was adjourned at 7:16 PM These minutes respectfully submitted by: ?kW( "1/401-v(* Shelby Lowe Administrative Assistant Minutes approved as submitted on this 2nd day of March 2023. Mark Lewis, Chairperson