HomeMy WebLinkAbout20250206 Zoning Board of Adjustments Regular Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON FEBRUARY 6, 2025, 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 Iocco
ZBA Alternative Member, Christopher Tristan
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Attorney Katie Leiniger,
Community Development Deputy Director Martin Griggs, Planner II Patrick Bauer, Planner II Katie
Peterson, and Executive Assistant Jennifer Danley.
APPROVAL OF MINUTES
Approve the ZBA Meeting Minutes from December 5, 2024.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Iocco made
the motion to approve, and Member Acosta seconded the motion.
Motion passed 5-0.
NEW BUSINESS
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-28: Variance for a Reduction of the Minimum Number of Required Off-street Parking Spaces
for a Shopping Center & Recreation Center Use.
Consideration and Possible Action - VARZ 24-28: Variance for a Reduction of the Minimum
Number of Required Off -Street Parking Spaces for a Shopping Center & Recreation Center
Use
Public Hearing: A request by Kennrich Homes Inc., applicant, on behalf of Khawaja Javed
Hussain, owner, for approval of a variance, as permitted by the Unified Development Code,
Ordinance No. 2000-T, to allow for the reduction of the minimum number of required off-street
parking spaces for a shopping center & recreation center (private, for profit) use in the General
Business (GB) District (Section 4.2.1.2(a)), to wit:
Legal Description: Lot 1, Block 1, Minor Plat of Carcolo — Pearland, Texas, a subdivision of
3.0975 acres of land in the City of Pearland, Texas, according to the map or plat recorded in
County Clerk's File No. 2007022882 in the Plat records of Brazoria County, Texas.
General Location: 8535 Broadway Street, Pearland, TX.
Planner II Peterson presented the staff report with exhibits. Ms. Peterson explained that the
request seeks a reduction in the required parking spaces to develop a shopping and
recreational center. Ms. Peterson outlined the number of parking spaces required for the
property, noted that staff have not received public comments in favor of or against the request,
and provided a history of the property. Ms. Peterson also reviewed the site plan and the Unified
Development Code (UDC) criteria for approving the variance. Ms. Peterson stated that the
variance does not meet any of the eight UDC criteria, and that staff recommends denial.
The architect, Arash Fallahi at 800 West Sam Houston Parkway South, Suite 120, Houston, Texas
77042, was in attendance in -person to present to the ZBA Board. Mr. Fallahi discussed the
owner's ability to set and enforce operating hour restrictions for the recreational center.
Chairperson Lewis called for public input.
Developer, Richard Flueckiger at 2318 East Elm Circle, Katy, TX 77493, discussed the proposed
deed restrictions of the site.
Member Shrum commented on the businesses' operational hours and asked staff whether an
hourly deed restriction would remain enforceable if the property changed ownership. Deputy City
Attorney Provins clarified that the deed restriction could be modified by a future owner and is not
something the city can control. Mr. Provins also noted that the police department is frequently
called to address internal parking issues. Deputy Director Griggs pointed out that excessive
parking demand would likely overflow onto adjacent properties, further exacerbating the issue.
Mr. Flueckiger discussed the possibility of negotiating a shared parking agreement with the
neighboring property at 8603 Broadway Street. Member Tristan asked if an active parking
agreement would be transferred to a new owner if the neighboring property were sold. In
response, Mr. Provins explained that this situation creates challenges for staff, as offsite parking
arrangements require approval through the Zoning Board of Adjustment (ZBA), it must be long
term and must be reviewed by the legal department. Chairperson Lewis asked whether the total
square footage was preventing the property from meeting the required number of parking spaces.
Mr. Flueckiger explained that the current square footage is necessary to ensure the business
remains economically viable. Vice Chairperson Acosta asked whether the fire lane requirements
were contributing to the parking shortage. Mr. Griggs then outlined the relevant fire code
requirements. Member Shrum asked the applicant if they would consider omitting the second
story to comply with the parking regulations. Mr. Flueckiger stated that due to the cost of the new
development, removing the second story would extend the time needed for the owner to recoup
their investment.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-28: Variance for a Reduction of the Minimum Number of Required Off-street Parking Spaces
for a Shopping Center & Recreation Center Use. Vice Chairperson Acosta made the motion to
approve VARZ 24-28 as presented, and Member Tristan seconded the motion.
Motion failed 0-5.
Chairperson Lewis read into the record the item on the Consideration and Possible Action — VARZ
24-17: Special Exception for Development to Occur on a Property with an Existing Nonconformity.
Consideration and Possible Action - VARZ 24-17: Special Exception for Development to
Occur on a Property with an Existing Nonconformity
Public Hearing: A request by Lucy Magana, applicant, on behalf of Driver RE Pearland, LLC.,
owner, for approval of a special exception, as permitted by the Unified Development Code,
ordinance No. 2000-T, to allow for development of occur on a property with existing
nonconformities (Section 2.7.3.7(a)), to wit:
Legal Description: Being 15.862 acres of land situated in the H.T. & B.R.R. Co. Survey, Abstract
No. 551, Brazoria County, Texas, being all of a called 10.854-acre tract, conveyed to Driver
Pearland, LLC, as recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2015018783 and
all of a called 5.0-acre tract, conveyed to Driver RE Pearland, LLC, as recorded under B.C.C.F.
No. 2015018782.
General Location: 3316 Industrial Drive, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer explained that the request is
for a special exception to allow development on a property with an existing nonconformity related
to the front setback of an existing structure. Mr. Bauer reviewed the proposed property
improvements, noted that staff received one written comment opposing the request, and provided
the property's history along with the proposed site plan. Mr. Bauer stated that the special
exception meets criteria four of the UDC, and that staff recommends approval.
The applicant was not present.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
Member Shrum asked about the dimensions related to easements and Brazoria Drainage
District four (BDD4) measurements and requested clarification on landscape requirements.
Planner II Bauer clarified that the request pertains only to the Special Exception for the existing
building's encroachment, and the other items would be addressed during the site plan review.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on the Consideration and Possible Action — VARZ
24-17: Special Exception for Development to Occur on a Property with an Existing Nonconformity.
Member Iocco made the motion to approve VARZ 24-17 as presented, and Member Tristan
seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —VARZ
25-02: Special Exception for Development to Occur on a Property with an Existing Nonconformity.
Consideration and Possible Action - VARZ 25-02: Special Exception for Development to
Occur on a Property with an Existing Nonconformity
Public Hearing: A request by Lokesh Khosla, applicant, on behalf of KWIK Equipment Sales,
LLC., owner, for approval of a special exception, as permitted by the Unified Development Code,
ordinance No. 2000-T, to allow for development of occur on a property with existing
nonconformities (Section 2.7.3.7(a)), to wit:
Legal Description: Lot 1, Block 1, Final Plat of Dynamic Lighting, a subdivision of 16.5374 acres
of land in the City of Pearland, Texas, according to the plat recorded in County Clerk's File No.
2005009318 in the Plat records of Brazoria County, Texas.
General Location: 5220 Shank Road, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer explained that the request is
for a special exception to allow development on a property with existing nonconformities. Mr.
Bauer briefly outlined that these nonconformities relate to the side yard setback for the existing
building and the required planting areas along the future Woody Road. Mr. Bauer discussed the
proposed property improvements, reviewed the history of the property, and provided details of
the site plan. Mr. Bauer stated that the special exception meets criteria four of the UDC, and that
staff recommends approval.
The applicant, Lokesh Khosla at 5220 Shank Road, Pearland, Texas 77581, was in attendance
in -person to answer any questions from the ZBA Board.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on the Consideration and Possible Action — VARZ
25-02: Special Exception for Development to Occur on a Property with an Existing Nonconformity.
Member Tristan made the motion to approve VARZ 25-02 as presented, and Member Iocco
seconded the motion.
Motion passed 5-0.
ADJOURNMENT
Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:54 PM.
These minutes respectfully submitted by:
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Jennifer Danley, Exe tive Assistant
Minutes approved as submitted on this 6th day of March 2025.
Mark Lewis, Chairperson