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2024-05-02 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON MAY 2, 2024, AT 6:00 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Luis opened the meeting for the Zoning Board of Adjustments Special Meeting at 6:00 PM ZBA Chairperson, Mark Lewis ZBA Vice Chairperson, Jerry Acosta ZBA Secretary, Gary Shrum ZBA Member, Donald Glenn ZBA Member, Todd locco ZBA Alternative Member, Bincy Jacob ZBA Alternative Member, Crystal Cook Also, present were Deputy City Attorney Lawrence Provins, Community Development Director Vance Wyly, Community Development Deputy Director Martin Griggs, Planner II Patrick Bauer, and Executive Assistant Jennifer Danley. APPROVAL OF MINUTES Approve the ZBA Meeting Minutes from November 2, 2023, and March 28, 2024. Chairperson Lewis read into the record the items on Approval of Minutes. Member locco made the motion to approve, Member Glenn seconded the motion. Motion passed 5-0. NEW BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-04: Special Exception and Variance for a Nonresidential Use in the Suburban Residential-12 (SR-12) District. Consideration and Possible Action - VARZ 24-04: Special Exception and Variance for a Nonresidential Use in the Suburban Residential-12 (SR-12) District Public Hearing: A request by Tri Minh Cao, applicant, on behalf of Donald W. Jordan, owner, for approval of a special exception and a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow: 1. Special exception for the City to issue a building permit for expansion of a preexisting nonconforming use that is not in compliance with the Future Land Use Plan Map and/or zoning district when the Zoning Board of Adjustment determines that this special exception will not adversely impact water, wastewater, drainage, and street transportation systems, and is in accord with all City codes and applicable Comprehensive Plan policies, including those pertaining specifically to land use compatibility (Section 2.7.3.7(b)(6)); 2. Variance 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 88, Block 1, Somersetshire Estates, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 16, Pages 283-284, in the Plat records of Brazoria County, Texas. General Location: 9914 Camelots Court, Pearland, TX. Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the request is for a Special Exception and a Variance to the Landscape Buffer for an existing Machining and Fabrication use. Planner II Bauer discussed that the Special Exception is for an enclosed building expansion of a preexisting nonconforming use, the use is not permitted within the Suburban Residential-12 (SR-12) District but is allowed to continue due to the use existing on the property prior to it being annexed. Planner II Bauer stated that for the City to issue a building permit for expansion of a preexisting nonconforming use the Zoning Board of Adjustment must determine that the Special Exception will not adversely impact water, wastewater, drainage, street transportation systems, and be compatible with the surrounding area. Planner II Bauer stated the special exception met criteria six of the Unified Development Code (UDC) for approval, and staff recommends approval with the following conditions: 1. The existing parking area on site shall be paved with concrete or asphalt and shall meet the parking lot dimensions requirements. 2. The on -site dumpster shall be screened with a 6'-8' masonry wall with metal gates. 3. There shall be no outdoor storage on the site. Planner II Bauer discussed that the Landscape Buffer variance was to allow for the proposed expansion of the building to encroach into the required landscape buffer along the east property line, and to allow for the existing building expansions built in 2011 and 2022 to encroach into the required landscape buffer along the east and south property line. Planner II Bauer stated that the landscape buffer adjacent to residential use is required to be either a 25-foot landscape buffer with a masonry wall or a 30-foot landscape buffer with a vegetative screen. Planner II Bauer discussed the applicant's request was to provide a six-foot tall wood fence, four to five trees and rose shrubbery plants within the buffer. Planner II Bauer stated that the variance met three out of the eight criteria of the UDC, and staff is unable to recommend approval of the variance. Planner II Bauer discussed the landscape buffer requirements set forth by the UDC and that staff recommends the following conditions for approval: 1. Approve the previously existing, non -permitted expansions of the building within the 30- foot landscape setback. 2. Approve the requested building addition to be 17-foot into the required 30-foot landscape setback for a depth not to exceed 10-foot in length. 3. Uphold the UDC standard for planting and screening requirements within the required landscape buffer for non-residential uses adjacent to residential uses. Owner, Donald W. Jordan at 1724 County Road 152, Alvin, Texas 77511 was in attendance in - person in Council Chambers to answer questions for the ZBA Board. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Secretary Shrum asked staff what the yellow dashed lines on the proposed site plan represented. Planner II Bauer stated that the yellow dashed line is the 30-foot landscape buffer, and the second yellow dashed line is the requested 13-foot landscape buffer on the south and 7-foot landscape buffer on the east of the property. Secretary Shrum asked staff if the buffer is covering up part of their parking lot. Planner II Bauer stated that based on the drawing the parking lot is partially into the buffer. Secretary Shrum asked staff if that is where the applicant would plant the trees or landscape buffer. Planner II Bauer answered yes, along the whole buffer they are required to plant. Secretary Shrum asked staff if the applicant would lose the width of the driveway. Planner II Bauer stated potentially yes, if the driveway existed it would exist on the site but if the applicant wanted to make improvements, they would need to request it from the board. Deputy Director Griggs discussed that the site plan is hand drawn and may not be to scale, that staff tries to provide information to the board at scale, but the gravel portion of the lot is outside the 13-foot buffer and staff does not have a survey that locates it specifically. Secretary Shrum asked staff if both sets of recommendations were shared with the applicant prior to the meeting. Planner II Bauer stated that the applicant receives the staff report beforehand and he previously discussed the recommendations with the applicant but has not received a comment from the applicant. Deputy City Attorney Provins stated that Secretary Shrum can ask the applicant if they have problems with the conditions. Secretary Shrum asked Deputy City Attorney Provins if the city can issue a penalty if they don't get the proper permits. Deputy City Attorney Provins stated that it would be against the property owner not the contractor since it was the property owner who engaged them and told them what to do. Deputy Director Griggs discussed that the building expansions came before the current owner purchased the property and which would make it a preexisting condition of the site. Member Iocco asked staff if the current owner does the exact same manufacturing as the previous owner. Deputy Director Griggs discussed that it would remain the same use. Member Iocco asked staff if the landowner changed would there be an effect to performing the use for that property. Deputy Director Griggs stated that when any land is annexed into the city the use is allowed to continue even if there's a change in ownership, and if the use is still maintained then it is allowed to continue. Member Iocco asked staff about the encroached three feet to the easement on the south side, how does this effect the building. Deputy Director Griggs discussed the building was built prior to being annexed into the City and the new expansion is at the front causing no additional harm. Owner, Don Jordan stated that permission was given by Center Point for the previous expansions. Secretary Shrum asked Mr. Jordan his reaction to the City's proposed changes of the landscaping. Mr. Jordan stated that he agrees with the City and will construct the fence, provide the landscaping, and concreated driveway. Chairperson Lewis asked staff that the City is asking for the driveway to be repaired or if it needs to be repaired so it would not impact water. Deputy Director Griggs discussed that a gravel driveway can impact stormwater and in order to remove that potential negative consequence, staff has asked for the driveway to be changed to concrete or asphalt. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-04: Special Exception and Variance for a Nonresidential Use in the Suburban Residential-12 (SR-12) District. Member Iocco made the motion to approve the VARZ 24-04 request 1. Special Exception to allow for a building permit to be issued for the expansion of the preexisting nonconforming use with staff's proposed recommendations and Member Glenn seconded the motion. Motion passed 5-0. Vice Chairperson Acosta made the motion to approve VARZ 24-04 request 2. as presented with staff's conditions and Member Iocco seconded the motion. Motion passed 5-0. ADJOURNMENT Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:47 PM. These minutes respectfully submitted by: I '(4ttit4124 Jennifer Danley, Executive Assistant Minutes approved as submitted on this 6th day of June 2024. Mark Lewis, Chairperson