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2023-01-05 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 JANUARY 5 2023 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 6:00 PM ZBA Chairperson, Mark Lewis ZBA Vice Chairperson Jerry Acosta ZBA Member, Donald Glenn ZBA Member, Todd locco ZBA Member, Gary Shrum Also, present were Deputy City Attorney Lawrence Provins, Community Development Assistant Director Martin Griggs, Planner I Patrick Bauer and Administrative Assistant Shelby Lowe. N EW BUSINESS Vice Chairperson Acosta recused himself from the meeting. Chairperson Lewis read into the record the items on Consideration and Possible Action Extension Request for ZBA Application No. VARZ 22-17. CONSIDERATION AND POSSIBLE ACTION - EXTENSION REQUEST FOR ZBA APPLICATION NO. VARZ 22-17 P ublic Hearing: A request of Palan, LLC., represented by Rohit Bhuriya, owner, for approval of e xtension of an already approved variance, as permitted by the Unified Development Code Ordinance No. 2000-T, to allow for a reduction in the required parking for a General Retail Store u se in the General Commercial (GC) District (Section 4.2.1.2), to wit: Legal Description: Lot 1, Block 1, Airport Subdivision Section No. 4, a subdivision of 1.0804 acres of land in the City of Pearland, Texas, according to the Plat recorded in County Clerk's File N o. 2022036964 in the Plat Records of Brazoria County, Texas. General Location: 3520 E Walnut Street, Pearland, TX. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated that this an extension of a previously requested and approved variance. Staff recommends approval of the extension of the variance to October 6, 2023. Applicant, Rohit Bhuriya at 16055 Space Center Boulevard, Suite 190, Houston, Texas 77062, was in attendance in -person in Council Chambers to present to the ZBA Board. He stated that u ntil the variance was approved, he was not sure what the development process would be like for this site. Mr. Bhuriya stated that he received proposals from contractors, and he determined that the process would take more than the 90-day approval period. He stated that he was available for any questions. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. N o further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action Extension Request for ZBA Application No. VARZ 22-17. Member Glenn made the motion to approve the variance extension request, Member locco seconded the motion. Motion passed 4-0. ✓ ice Chairperson Acosta rejoined the meeting. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-22: Variance to Reduce Parking Requirement for a General Retail Store Use. CONSIDERATION AND POSSIBLE ACTION - VARZ 22-22: VARIANCE TO REDUCE PARKING REQUIREMENT FOR A GENERAL RETAIL STORE USE P ublic Hearing: A request by Hankins Development, represented by Garrett Carter, applicant, on behalf of Anthony Giuliani, owner, to allow a variance, as permitted by the Unified Development Code Ordinance No. 2000-T, for a reduction in the required parking for a General Retail Store use in the Neighborhood Service (NS) District (Section 4.2.1.2), to wit: Legal Description: A 1.12-acre tract of land (48,978 square feet), being out of and a part of 9.6135 acres of land, said 9.6135 acre tract being out of and a part of Lot 76, George W. Jenkin S ubdivision of the lower one-fourth, (1/4) of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas according to the map or plat thereof recorded in Volume 79, Page 616, of the Office of the County Clerk of Brazoria County, Texas, said 9.6135 acre tract of land being that certain tract of land as conveyed to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in document CF No. 2001045201 of the Office of the County Clerk of Brazoria County Texas. General Location: 3205 Dixie Farm Road, Pearland, TX. P lanner I Bauer presented the staff report with exhibits. Planner I Bauer stated that one of the hardships stated by the applicant is the median cut due to where they are proposing to put their driveway. Planner I Bauer informed the board that this variance conforms to one of the eight criterions for approval. Staff is unable to recommend approval. Applicant Representative, Michael Hankins with Hankins Development at 419 Alamo Street, Lake Charles, Louisiana 70601 was in attendance in person in Council Chambers to present to the ZBA Board. He stated that they have a buffer on the south side of the property due to the residential abutting use and while the driveway does not have to be located there, it is located at a median cut, so it is the safest place to place the driveway. Mr. Hankins stated that there is also an oak tree to the north of the driveway and limits the options. He stated that the future tenant, Dollar Tree, they only require 30 parking spaces total. Mr. Hankins stated that their proposed parking is over 50 percent of that amount and is four spaces less than the requirement. He stated that he was available for any questions. Chairperson Lewis called for public input. Resident, Angela Ornelas at 3522 Pine Chase Drive, Pearland, Texas 77581, stated that she is not in favor of the proposed variance She asked for the Board to deny the variance because this property was brought to City Council last month for rezoning to develop a memory care facility and a neighborhood store Ms. Ornelas stated that City Council denied that zone change and recommended the developer to reach out to the neighboring residents. She stated that the developer does not know what the format will be for the entire lot, and they will not know until the entire 10 acres are platted. Ms. Ornelas stated that there are many concerned neighbors, and they are suggesting that office buildings are built that are open during normal business hours, due to safety. She asked that the Board deny this variance request because the lot should be platted. Member Shrum and Assistant Director Griggs discussed the previous proposed zone change and the parking requirements for the use. Assistant Director Griggs stated that property has not yet been platted, so the boundaries of the property are not recorded by the city. Member Shrum asked Mr. Hankins if he reviewed the criteria for approval of the variance Mr. Hankins stated that yes he has. He stated that the variance request was submitted based on their needs for the business and that they do not want to have too much parking. Member Shrum and Planner I Bauer discussed additional options for the site layout to provide more parking spaces. Planner I Bauer stated that acquiring more land would be the best option to add additional parking spaces. Deputy City Attorney Provins stated that the proposed site plan is a portion of the lot, and more land could be acquired from the remaining portion of the lot, due to that portion not yet developed, to accommodate the parking requirements. Mr. Hankins stated that could happen, but the business does not need that amount of parking. Member locco stated that in his opinion the additional land should be acquired, and the site layout should be rearranged. Mr. Hankins stated that Dollar Tree has certain prototypes for site layouts that they adhere to. Member Shrum and Assistant Director Griggs discussed the required buffer on the property line that abuts an existing residential home. Assistant Director Griggs stated that the buffer can be reduced from 30-feet to 25-feet per the U DC, to be able to add land for development to the lot. 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 22-22: Variance to Reduce Parking Requirement for a General Retail Store Use. Vice Chairperson Acosta made the motion to approve the variance, Member Shrum seconded the motion. Motion failed 1-4. DISCUSSION ITEMS N o discussion. ADJOURNMENT Meeting was adjourned at 6:36 PM These minutes respectfully submitted by: Shelby Lowe, Administrative Assistant Minutes approved as sub itted on this 2nd day of March 2023. r e Mark Lewis, Chairperson