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2024-02-01 Zoning Board of Adjustment Meeting Agenda ZONING BOARD OF ADJUSTMENT MEETING AGENDA THURSDAY, FEBRUARY 1, 2024 6:00 PM PEARLAND CITY HALL ICOUNCIL CHAMBERS 13519 LIBERTY DRIVE I. CALL TO ORDER II. ROLL CALL AND CERTIFICATION OF QUORUM III. INTRODUCTION OF AGENDA AND FORMAT OF HEARING IV. APPROVAL OF MINUTES Approve the ZBA Meeting minutes from December 7, 2023. 12.07.2023 ZBA Meeting Minutes V. REGULAR AGENDA 1. CONSIDERATION AND POSSIBLE ACTION - EXTENSION REQUEST FOR ZBA APPLICATION NO. VARZ 23-12 Public Hearing: A request by Alma Gonzalez, applicant, on behalf of Rebecca Le, owner, for approval of an extension of an already approved variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for a reduced transparency requirement within the Corridor Overlay District (Section 2.7.3.7(a)), to wit: Legal Description: Restricted Reserve "A", Block 1, Final Plat of Bank One - Broadway near Dixie Farm Road, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 24, Page 287, of the Plat records of Brazoria County, Texas. General Location: 1509 Broadway Street, Pearland, TX. PZ - 0649 - Agenda Report- Pdf 2. CONSIDERATION AND POSSIBLE ACTION -VARZ 24-01: VARIANCE FOR A NONRESIDENTIAL USE IN THE OLD TOWN-MIXED USE (OT-MU) DISTRICT Public Hearing: A request by Lawrence and Tessie Gurley, applicant, and owner, for approval of a variance, as permitted by the Unified Development Zoning Board of Adjustment-Feb 01 2024 Code, Ordinance No. 2000-T, to reduce the landscape buffer for a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district (Section 4.2.4.1(a)), to wit: Legal Description: Lot 1, Block 1, Minor Plat Plumeria Place, a subdivision of 0.1710 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2023056897 in the Plat records of Brazoria County, Texas. General Location: 3602 East Plum Street, Pearland, TX. PZ - 0648 - Agenda Report- Pdf VI. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact Frances Aguilar, City Secretary, by e-mail at citysecretarV(c)_pearlandtx.gov. Requests for special services must be received Forty-eight (48) hours prior to the meeting time. Reasonable accommodations will be made to assist your needs. I, Jennifer Danley, Executive Assistant, do hereby certify that this Notice of Meeting was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, https://www.peariandtx.gov, in compliance with Chapter 551, Texas Government Code. This said Notice was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on January 26, 2024, by 6:00 PM. Jennifer Danley Jennifer Danley Executive Assistant Zoning Board of Adjustment-Feb 01 2024 4 REPORTER NEWS, January 10, 2024 VISIT US ONLINE AT WWW.MYREPORTERNEWS.COM LEGALSLEGALSLEGALSLEGALS LEGALSLEGALS CLASSIFIEDS (281) 485-7501 NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS AND Final Notice and Public Explanation of a Proposed Activity in a 100-Year Floodplain January 10, 2024 City of Friendswood Engineering Department 15355 Blackhawk Boulevard Friendswood, Texas 77546 (281) 993-3411 These notices shall satisfy three separate, but related procedural requirements for activities to be undertaken by the Texas General Land Office. REQUEST FOR RELEASE OF FUNDS On or about February 12, 2024 the City of Friendswood will submit a request to the Texas General Land Office Community Development and Revitalization (GLO-CDR) for the release of Community Development Block Grant – Disaster Recovery funds under HUD grant number 20-065-134-C451. HUD funding has been allocated for the total amount of $1,603,092.00 for the purpose of clearing vegetation in order to improve conveyance in Clear Creek and provide flood control in the areas surrounding Clear Creek at the project location. To facilitate environmental review of the proposed activity, the City of Friendswood is implementing an Environmental Assessment level of review in accordance with HUD regulations at 24 CFR 58. The Environmental Review Record (ERR) and the supporting documents to the Environmental As- sessment (24 CFR 58.36, subpart E) are subject to laws and authorities at 24 CFR 58.5, 24 CFR 58.6, and NEPA analysis. FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN AND WETLANDS This is to give notice that the Responsible Entity (City of Friendswood) under Part 58 has conducted an evaluation as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management. The activity is funded under the CDBG-DR pro- gram under Grant No. 20-065-134-C451. The Proposed Action (project) will include clearing vegetation in order to improve conveyance in Clear Creek and to provide flood control in the project area. The project is located along Deepwood Drive between Clear Creek and Cowart Creek, in the City of Friendswood, in Galveston County, Texas. The project area evaluated is approximately seven acres in size in a boot shaped area at the end of Deepwood Drive; however, the Proposed Action includes clearing approximately one acre of vegetation in the overbank area. The Proposed Action area includes approximately one acre of 100-year floodplain, identified as the floodway. The Proposed Action has been designed to avoid impacts to wetlands, therefore, E.O. 11990 does not apply to the project. The City of Friendswood has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values. The Proposed Action must take place in a floodplain because the area of City owned property adjacent to Clear Creek where conveyance can be improved is located entirely within the floodplain. The clearing of vegetation is located on uninhabited land and would not cause the displacement of residential and/or commercial properties or residents; it is located on uninhabited property that the City of Friendswood either owns or has an easement to avoid costly land acquisition; it will be located within the Friendswood City limits in order for City funding contribution to be available; and it has been designed to avoid wetlands. Two alternatives for flood control were considered, including a No Action Alternative. Alternative A would involve terracing activities in combination with localized deten- tion that would significantly affect the geometry of the floodplain. Because the proposed improvements are located in the floodway and deep within the floodplain at the confluence of Cowart Creek and Clear Creek, detention was neither effective nor efficient in mitigating any impacts to the floodplain. It was determined that only smaller sections of improvements could be implemented at this time without causing downstream impacts. Because detention proved to be ineffective for a larger terracing project, the effective steady state hydraulic model was used to evaluate smaller terracing and clearing configurations that would result in zero impacts. The proposed improvements under this alternative were comprised of 685 linear feet of proposed terracing along Clear Creek and seven acres of property to be cleared. Terracing and detention within the overall project area would require the displacement of residential properties and residents and would be located partially in an area the City does not currently own land; therefore, costly land acquisition would be required. This alternative would also likely result in impacts to wetlands. Alternative A is not practicable. Under the No Action Alternative, no benefits to the surrounding areas in relation to flooding or losses due to flooding would occur and flood conveyance in Clear Creek and flood control would not be improved. The No Action Alternative would not contribute to a reduction in loss of life and property from flooding. The No Action Alternative would not meet the need and purpose of the project. Given that the Proposed Action would not result in significant adverse impacts, mitigation measures are not proposed. The Proposed Action would be in compliance with state and local floodplain protection procedures. The City of Friendswood has reevaluated the alternatives to construction activities in the floodplain and wetlands and has determined that it has no practicable alterna- tive. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988 are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments. There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplains can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplains, it must inform those who may be put at greater or continued risk. FINDING OF NO SIGNIFICANT IMPACT The City of Friendswood has determined that the project will have no significant impact on the human and natural environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the City of Friendswood office located at 15355 Blackhawk Boulevard, Friendswood, Texas 77546. The Engineering Department can be contacted at (281) 993-3411. The record is available for review and may be examined or copied Monday-Friday 8:00 A.M to 5:00 P.M. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the GLO Community Development and Revitalization Program. All comments received by January 26, 2024 will be considered by the GLO prior to authorizing submission of a request for release of funds. Comments may be submitted via email at engineer- ing@friendswood.com “Subject: Public Comment: Deepwood Flood Control Project.” ENVIRONMENTAL CERTIFICATION The City of Friendswood certifies to HUD that Mr. Jildardo Arias, in his capacity as Director of the Engineering Department for the City of Friendswood, consents to ac- cept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. The City of Friendswood’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City to use Program funds. OBJECTIONS TO RELEASE OF FUNDS GLO will accept objections to its release of fund and the City of Friendswood’s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Friendswood (b) the City of Friendswood has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by GLO; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to Texas General Land Office, Ms. Heather Lagrone, Director, Community Development and Revitalization, Regulatory Oversight, Environmental Reviews: P.O. Box 12873 Austin, TX 78711-2873, cdr@recovery.texas.gov, and 512-475-5005 Potential objectors should contact GLO to verify the actual last day of the objection period. Name and Title of Certifying Officer: Jildardo Arias, Director, Engineering Department, City of Friendswood S/Leticia Brysch City Secretary City of Friendswood Published January 10 NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS Sealed Bids will be received by the City of Pearland until 2:00 p.m. Thursday, January 25, 2024, and read aloud into the public record at City Hall, 3519 Liberty Dr., Pearland TX 77581 for the following project: SMITH RANCH ROAD EXPANSION PROJECT City of Pearland, Texas CSJ NO. 0912-31-293 COP PN: TR1501 BID NO.: ITB 1124-02 The project will entail the widening of Smith Ranch Road from the existing two- lane asphaltic concrete road to a four-lane divided road containing left-turn lanes, curb and gutter, and a ten-foot- wide shared use path on the west side. The widening begins north of FM 518 and ends at Hughes Ranch Road. An in-person mandatory Pre-Bid Conference will be held at the City of Pearland Engineering & Public Works Bldg. at 2016 Old Alvin Road, Pearland, Texas 77581 2:00 pm on Thursday, January 11, 2024. All bids should be submitted through the E-Bid system located on the City’s website at: https://pearland.ionwave.net/Login.aspx. All interested Bidders are advised to register as a “supplier” on the City’s E-Bid System at the above web- site by clicking on “Supplier Registration” and completing a short registration questionnaire. Electronic Bid Documents, including Plans, Technical Specifica- tions and Bid Forms are available for download after registration is approved by City Purchasing office. No plan fees or deposits are required for bid documents obtained through the City’s E-bid System. Questions regarding electronic bidding should be directed to the City’s Purchasing Office at ebids@pearlandtx.gov. Bid Documents are also available for review at the following plan houses: Amtek Plan Room (713) 956-0100 The Associated General Contractors of America, Inc. (713) 334-7100 Virtual Builders Exchange (832) 613-0201 McGraw Hill-Dodge Reports (800) 393-6343 CivCast USA www.civcastusa.com Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond, pay- able to the City of Pearland in the amount of 5% of the total base bid price, must accompany each Bid proposal. See Instructions to Bidders for Bond submittal information and instructions. The City of Pearland reserves the right to reject any or all bids. Frances Aguilar, TRMC, MMC City Secretary, City of Pearland Published January 3 & 10 NOTICE OF PUBLIC HEARINGS OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that the City Council of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will hold a Public Hearing on Monday, February 12, 2024, at 6:30 pm, at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 to discuss a request by the City of Pearland to adopt NFPA 70 National Electrical Code 2023 edition. At said hearing, all interested parties shall have the right and opportunity to ap- pear and be heard on the subject. Proposed Action on this item will be held on Monday, February 12, 2024, and Monday February 26, 2024, at 6:30 p.m. at City Hall, 3519 Liberty Dr., Pearland, Texas 77581. For additional information, please contact the Community Develop- ment Department at 281-652-1736. William Davidson Building Code Administrator Published January 10 NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS Sealed Bids will be accepted until 2:00 p.m., Thursday, February 1, 2024, and read aloud into the public record at City Hall, 3519 Liberty Drive, Pearland, Texas 77581 for the following project: Brookland Acres, Garden Rd/O’Day and Woody Rd Drainage Improvements City of Pearland, Texas COP PN: DR2102, DR2103 and DR2104 BID NO.: 1124-03 The project will entail the construction of drainage improvements on Scott Lane from Hatfield Road to Mykawa Road, Woody Road from McHard Road to Comal Street, Garden Road from FM 518 to Hickory Slough, O’Day Road from FM 518 to Hickory Slough and Woody Road from Cherry Street to West Orange Street. The scope of the drainage improvements includes, but not limited to removing existing driveways, pipe culverts and pavement, 31,000 CY of drainage ditch ex- cavation and regrading, installation of approximately 1,474 LF of 18-inch RCP, 2,699-LF of 24-inch RCP, 585 LF of 30-inch RCP, 779 LF of 36-inch RCP, 338 LF of 36-inch EQ Arch Pipe, 454 LF of 48-inch RCP, 534 SY of gravel driveway, 1,602 SY of asphalt driveway, 1,408 SY of concrete driveway, 25 fire hydrant relocations, hydro mulch seeding, and site restoration. A Mandatory Pre-Bid Conference will be held in person at the City of Pearland Engineering and Public Works Facility located at 2016 Old Alvin Road, Pearland, Texas 77581 at 2:00 p.m. on Thursday, January 23, 2024. All bids should be submitted through the E-Bid system located on the City’s website at: https://pearland.ionwave.net/Login.aspx. All interested Bidders are advised to register as a “supplier” on the City’s E-Bid System at the above web- site by clicking on “Supplier Registration” and completing a short registration questionnaire. Electronic Bid Documents, including Plans, Technical Specifica- tions and Bid Forms are available for download after registration is approved by City Purchasing office. No plan fees or deposits are required for bid documents obtained through the City’s E-bid System. Questions regarding electronic bidding should be directed to City Purchasing Office at ebids@pearlandtx.gov. Bid Documents are also available for review at the following plan houses: Amtek Plan Room (713) 956-0100 The Associated General Contractors of America, Inc. (713) 334-7100 Virtual Builders Exchange (832) 613-0201 McGraw Hill Construction – Dodge Reports (800) 393-6343 Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond, pay- able to the City of Pearland in the amount of 5% of the total base bid price, must accompany each Bid proposal. See Instructions to Bidders for Bond submittal information and instructions. The City of Pearland reserves the right to reject any or all bids. Federal Requirements: The City’s funding for the PROJECT comes through the Texas General Land Office and originates from the U.S. Department of Hous- ing and Urban Development (HUD). Therefore, various federal regulations and statutory requirements are applicable to the successful offeror; including but not limited to Appendix II of 2 CFR Part 200 and HUD Uniform Administrative Re- quirements in 24 CFR 570. All federal and/or State requirements can be found in Section 00800 of the PROJECT MANUAL. Federal labor requirements can be found in Section 00811. DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is 11%. The Small Business Enterprise (SBE) goal for this project is 0%. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. HUD Section 3 Economic Opportunities: The HUD Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent possi- ble, provide training, employment, contracting and other economic opportunities to low- and very low-income persons, especially recipients of government assis- tance for housing, and to businesses that provide economic opportunities to low- and very low-income persons. The City’s selection will heavily consider bidders that are certified HUD Section 3 businesses. Bidders are strongly urged to seek high levels of familiarity with HUD Section 3 requirements. Selection Criteria: The Contract is to be awarded on the basis of Lowest Re- sponsible Bidder. In identifying this criteria the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. Frances Aguilar, TRMC, MMC City Secretary, City of Pearland Published January 10 & 17 NOTICE OF A PUBLIC HEARING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on Thursday, February 1, 2024, at 6:00 p.m., a regular meeting of the Zoning Board of Adjustment of the City of Pearland, Counties of Brazoria, Harris and Fort Bend, Texas, will conduct Public Hearing in the Coun- cil Chambers at Pearland City Hall, 3519 Liberty Drive, Pearland, Texas, for the following cases: 1. ZBA APPLICATION NO. VARZ 24-01: A request by Lawrence and Tessie Gurley, applicant, and owner, for approval of a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to reduce the landscape buffer for a nonresidential use that has a side or rear contiguous to any resi- dential use or residential zoning district (Section 4.2.4.1(a)), to wit: Legal Description: Lot 1, Block 1, Minor Plat Plumeria Place, a subdivision of 0.1710 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk’s File No. 2023056897 in the Plat records of Brazoria County, Texas. General Location: 3602 East Plum Street, Pearland, TX. At said hearing, all interested parties shall have the right and opportunity to ap- pear and be heard on the subject. For additional information, please contact the Community Development Department at 281-652-1765. Patrick Bauer Planner I Published January 10 Counseling Connections for Change, Inc. Invitation to Bid 2023 Facility Rehabilitation Project Invitation to Bid Counseling Connections for Change, Inc. is accepting bids from General Con- tractors to complete the scope of work defined in this Invitation To Bid (ITB). Federal Funding Funding for this project is being provided by the City of Pearland’s Community Development Block Grant (CDBG) funds from the U.S. Department of Housing & Urban Development (HUD). The successful offeror must be registered in the System for Award Management (SAM.gov) system and cannot be debarred and/ or suspended from doing business with the federal government. Instructions for Submission Invitation to Bid forms, specifications and all necessary information may be ob- tained from Counseling Connections for Change, Inc.’s website: https://counsel- ingconnections.org. The lowest, responsible – bid will be awarded the contract. Submissions should be sent to dawn@counselingconnections.org, or mailed to 2549 Roy road, Pearland, TX 77581, no later than 2:00 P.M., CST, Thursday, February 22, 2024. Pre-bid Site Visits Prior to submission of bids, interested parties are encouraged to visit the facility for the purpose of obtaining a visual overview of the applicable facility and to gain insight into the prospective scope of work. The tentative options for participating in on-site inspections of the facility include: January 22, 2024 8:00 a.m. - 10:00 a.m. Optional Site Visit January 26, 2024 3:00 p.m. - 5:00 p.m. Optional Site Visit Anticipated Bid Submission Deadline and ITB Public Opening: 2:00 P.M., CST, Thursday, February 22, 2024. All bids submitted electronically and in paper form will remain confidential until the opening date and time when they will be publicly unsealed, and names of offerers read aloud at 2549 Roy Road, Pearland, TX 77581. First publication: January 10, 2024 Second Publication: January 17, 2024 Published January 10 & 17 LEGAL NOTICE Application has been made with the Texas Alcoholic Beverage Commission for a Wine & Malt Beverage Retailer’s On-Premise Permit by Houston Hub Inc, to be located at 14807 Wagon Trail Rd, Pearland, Brazoria County, Texas. Officer of said corporation, Nina DeLaCruz, is President. Published January 10 & 17 LEGALSLEGALS LEGALSLEGALS LEGALSLEGALSLEGALSLEGALS LEGALSLEGALS AFFIDAVIT OF PUBLICATION The Reporter News 103 S. Friendswood Dr. Friendswood, TX 77546 State of Texas Galveston, Brazoria, and Harris Counties hereby certify that the appended notice was published in the REPORTER NEWS, a newspaper of general circulation in Galveston, Brazoria, and Harris Counties, for issues as follow Reference No Date 20 No Date: 20 No Date 20 Owner Subscribed and sworn before me this day of 20 JAMES MICHAEL FOREWAN Notary 1D #1 32083993 My Commission Expires Notary Public, State of Texas August 1, 2027 OF January 101 VARZ 24-01 1 February 24 5 24