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2024-09-05 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON SEPTEMBER 5, 2024, AT 6:00 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Mark Lewis opened the meeting for the Zoning Board of Adjustments Meeting at 6:00 PM. ZBA Chairperson, Mark Lewis ZBA Vice Chairperson, Jerry Acosta ZBA Secretary, Gary Shrum ZBA Member, Todd locco ZBA Alternative Member, Bincy Jacob Also, present were Deputy City Attorney Lawrence Provins, Community Development Deputy Director Martin Griggs, Planning Manager Katya Copeland, Senior Planner Florence Buaku, and Executive Assistant Jennifer Danley. ELECTIONS Chairperson Lewis announced that the elections will follow the regular agenda. APPROVAL OF MINUTES Approve the ZBA Meeting Minutes from August 15, 2024. Chairperson Lewis read into the record the items on Approval of Minutes. Member Iocco made the motion to approve, and Vice Chairperson Acosta seconded the motion. Motion passed 5-0. NEW BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-13: Special Exception to Allow for Off -site Parking for a Proposed Beauty Shop. Consideration and Possible Action - VARZ 24-13: Special Exception to Allow for Off -Site Parking for a Proposed Beauty Shop Public Hearing: A request by Kevin Mohammadian, applicant, and owner, for approval of a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for off -site parking on an adjacent property, for a proposed Beauty Shop in the Old Town -General Business (OT-GB) District (Section 2.7.3.7 (b)(3)(b)), to wit: Legal Description: Lot 1, Block 1, Development Plat of Pearland Midtown, a subdivision of 0.116 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2023043020 in the Plat records of Brazoria County, Texas. General Location: 2340 North Grand Boulevard, Pearland, TX. Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated the special exception was to allow for off -site parking to the north of the proposed Beauty Shop in the Old Town -General Business (OT-GB) District. Mrs. Buaku discussed that staff did not receive public comments in favor or against the proposal, the history of the property, and the off -site parking requirements of the Unified Development Code (UDC). Mrs. Buaku stated the special exception met criteria three of the UDC and that staff recommends approval of the special exception with the following two conditions: 1. A copy of the signed shared parking agreement must be submitted to the City prior to receiving approval for permits allowing occupancy. 2. An ADA compliant sidewalk shall be constructed from the parking lot on the adjacent property to the building entrance. The applicant, Kerry Mohammadian at 3606 Ginger Lane, Pearland, Texas 77581, 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 the applicant if they agreed to the two staff conditions for approval. The applicant, Mrs. Mohammadian stated she agreed to the two conditions. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-13: Special Exception to Allow for Off -site Parking for a Proposed Beauty Shop. Member Shrum made the motion to conditionally approve VARZ 24-13 with staff recommended conditions and Member Jacob seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on the Consideration and possible Action — VARZ 24-18: Special Exception for Development to Occur on a Property with Existing Non - Conformities. Consideration and Possible Action - VARZ 24-18: Special Exception for Development to Occur on a Property with Existing Non -Conformities Public Hearing: A request by Tessie Gurley, applicant, on behalf of 2 Barretts, LTD, owner, for approval of a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for development to occur on a site with existing nonconformities (Section 2.7.3.7(a)), to wit: Legal Description: Lot 1, Block 1, Minor Plat of Tessie's Place, a subdivision of 0.9091 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2019038486 in the Plat records of Brazoria County, Texas. General Location: 4904 W Walnut Street, Pearland, TX. Planning Manager Copeland presented the staff report with exhibits. Mrs. Copeland stated that the special exception is to allow for a property to be further developed with four additional buildings. Mrs. Copeland discussed that staff received one written public comment against the request and one phone call requesting more information, the history of the property, the site plan, and the existing non -conformities on the property. Mrs. Copeland stated the special exception meets criteria four of the UDC and staff recommends approval. The applicant, Tessie Gurley at 2378 Sabal Park Lane, League City, Texas 77573, was in attendance in -person in Council Chambers to answer questions for the ZBA Board. Chairperson Lewis called for public input. Resident, Chad Harper at 4041 Ravenwood Court, Pearland, Texas 77584, discussed his business association with the applicant and his support of the development on the property. Resident, Guadalupe Aleman, Jr. at 2603 McClean Road, Pearland, Texas 77584, discussed his concerns about the retention pond, property line and fencing, and increased traffic to the area. Mr. Aleman stated that he would like to know the intended use of buildings. The applicant, Mrs. Gurley, stated the retention is a city requirement and a fence will be constructed along the back and side of the property. Mrs. Gurley further explained the location of the four buildings and the parking lot. Secretary Shrum asked what will happen to the building outlined in yellow. Mrs. Gurley stated that it is the old band hall building and will remain on the property. Secretary Shrum asked the applicant if they will be restoring the building. Mrs. Gurley stated the purpose was to restore the buildings and not construct anything new. Secretary Shrum asked staff about the 30-foot landscape buffer that was previously approved by the ZBA Board. Mrs. Copeland explained that because of the expansion of the property the request is required to come back to the board for approval of the 30-foot landscape buffer reduction. Deputy Director Griggs discussed the previous special exception, and that the applicant was to come back for approval of the reduced 30-foot landscape buffer when the additional buildings were added to the property. Secretary Shrum asked staff if there is a code requirement or landscape buffer for the retention pond. Mrs. Copeland stated that space is an issue on the property and would have a rear setback requirement. Mr. Griggs stated that there is a buffer requirement, and it allows for the detention to be within a certain percentage of that buffer. Mr. Griggs clarified that the buffer is required anywhere there is a single-family residence or property zoned for residential use. Secretary Shrum asked staff if there would be a fence or barrier between the two properties. Mr. Griggs explained that there are two options for a buffer, a six-foot masonry wall or vegetation and the staff is currently working with the applicant regarding the buffer. Secretary Shrum asked to confirm the parking lot location on the property. Mrs. Gurley stated they will have 21 parking spaces, and they are waiting to move the buildings on the property prior to the construction of the parking lot. Alternate Member Jacob asked the applicant the purpose of the buildings and the amount of traffic that is expected. Mrs. Gurley stated they will be offices to look like an Old Town and not a strip center. Vice Chair Acosta asked the applicant if the parking and access will be on West Walnut Street. Mrs. Gurley confirmed yes. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on the Consideration and possible Action — VARZ 24-18: Special Exception for Development to Occur on a Property with Existing Non - Conformities. Alternate Member Jacob made the motion to approve VARZ24-18 as presented and Secretary Shrum seconded the motion. Motion passed 5-0. ELECTIONS Election of Chairperson, Vice Chairperson and Secretary to serve until the first regular meeting of the ZBA in July 2025. Secretary Shrum made the motion to nominate Mark Lewis for Chairperson, Jerry Acosta for Vice Chairperson, and Gary Shrum for Secretary and Member locco seconded the motion. Secretary Shrum discussed Chairperson Lewis' outstanding job and thanked him for serving. Motion passed 5-0. ADJOURNMENT Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:33 PM. These minutes respectfully submitted by: Jennifer Danley, Executive Assistant Minutes approved as submitted on this 3rd day of October 2024. Mark Lewis, Chairperson