HomeMy WebLinkAbout2024-12-05 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON DECEMBER 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 Alternative Member, Christopher Tristan
ZBA Alternative Member, Crystal Cook
Also, present were Deputy City Attorney Lawrence Provins, Community Development Deputy
Director Martin Griggs, Planning Manager Katya Copeland, Planner II Patrick Bauer, and
Executive Assistant Jennifer Danley.
APPROVAL OF MINUTES
Approve the ZBA Meeting Minutes from November 7, 2024.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Shrum made
the motion to approve, and Member Tristan seconded the motion.
Motion passed 5-0.
NEW BUSINESS
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-23: Special Exception and Variance for the Development of a New Building at the Alice Street
Water Plant Facility.
Consideration and Possible Action - VARZ 24-23: Special Exception and Variance for the
Development of a New Building at the Alice Street Water Plant Facility
Public Hearing: A request by Sergio Becerril, applicant, on behalf of the City of Pearland, owner,
for approval of a special exception and a variance, as permitted by the Unified Development
Code, Ordinance No. 2000-T, to allow: a) Special exception for development to occur on a site
with existing nonconformities (Section 2.7.3.7(a)(4)), b) Variance to remove the landscape buffer
requirement 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: Tract 1, Block 1, Minor Plat of Clearwire TX HO00554A, a subdivision of 3.99
acres of land in the City of Pearland, Texas, according to the map or plat recorded in County
Clerk's File No. 2010033004 in the Plat records of Brazoria County, Texas.
General Location: 1550 Profax Drive, Pearland, TX.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer explained that the request
involves a special exception to allow the construction of a Water Operation Building on a
property with existing nonconformities, as well as a variance to remove the requirement for a
landscaping buffer along the east property line due to an existing infrastructure within the buffer.
Mr. Bauer noted that staff had received four written public comments opposing the request and
one neutral comment. Mr. Bauer reviewed the history of the property and provided an
explanation of the site plan. Mr. Bauer clarified that the special exception is necessary because
of an existing nonconforming structure within the required 30-foot landscape buffer. Mr. Bauer
stated the special exception meets criterion four of the Unified Development Code (UDC), and
staff recommends approval. Mr. Bauer explained that the landscape variance is needed
because there is insufficient space to accommodate the landscaping without conflicting with
existing structures, utility lines, a drainage swale, and rip rap. Mr. Bauer noted that the variance
meets all eight criteria of the UDC, and staff recommends approval.
The City of Pearland Engineering and Public Works Project Team 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.
Member Shrum inquired about the zoning of adjacent properties and potential future land
development. Mr. Bauer explained the zoning and development of the surrounding areas.
Member Shrum expressed his support for the project and acknowledged the concerns of
neighbors who have a water plant facility behind them with limited screening. Deputy City Attorney
Provins clarified that the required landscape buffer is located next to the single-family portion of
the property. Member Shrum then asked staff about the ownership of the land south of the water
tower. Deputy Director Griggs explained that the land is privately owned and is part of an industrial
tract. Mr. Griggs further explained that if another commercial property contained a 30-inch water
line, staff would recommend seeking a variance to avoid planting trees in that area.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-23: Special Exception and Variance for the Development of a New Building at the Alice Street
Water Plant Facility. Vice Chairperson Acosta made the motion to approve part a) and b) of VARZ
24-23 as presented, and Member Shrum seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the item on the Consideration and possible Action — VARZ
24-22: Special Exception to Allow for Off -Site Parking for a Proposed Golf Lounge.
Consideration and Possible Action - VARZ 24-22: Special Exception to Allow for Off -Site
Parking for a Proposed Golf Lounge
Public Hearing: A request by Davita Inc., applicant, on behalf of AEI Capital Corporation, 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 Commercial
Amusement, Indoor Use (golf lounge) in the General Commercial (GC) District (Section
2.7.3.7(b)(3)(b)), to wit:
Legal Description: Lot 2, Block 1, Broadway at Woodcreek Minor Plat No 1, a subdivision of
2.0923 acres of land in the City of Pearland, Texas, according to the map or plat recorded in
County Clerk's File No. 2018017562 in the Plat records of Brazoria County, Texas.
General Location: 1823 Broadway Street, Pearland, TX.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer explained that the request is
for a special exception to allow the use of excess parking spaces on the adjacent lot to the east
in order to meet the required fifty-two parking spaces. Mr. Bauer reviewed the parking space
requirements, the history of the property, and the site plan. Mr. Bauer stated that the special
exception meets criteria three of the UDC, and staff recommends approval with the following
conditions:
1. A copy of the signed and recorded shared parking agreement must be submitted to the
City prior to receiving final approval for occupancy.
2. A shared parking agreement must be in effect at all times on the continued need to meet
minimum parking requirements. If the more intense use goes away or if the city changes
its minimum parking requirements, the agreement can be voided, cancelled or amended.
The applicant, Brian Nickelson at 1823 Broadway, Pearland, Texas 77584 was in attendance in -
person in Council Chambers to answer any questions for the ZBA Board.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
Member Shrum asked staff if the reason for the additional parking is because the property is no
longer a dialysis center. Planner II Bauer explained the commercial parking requirements for the
property, specifically with commercial amusement use. Deputy Director Griggs clarified that the
commercial amusement use generates more traffic, leading to a higher demand for parking
spaces. Deputy City Attorney Provins proposed a third condition: that the special exception
would automatically expire if the parking agreement was not in place. Vice Chairperson Acosta
asked if the property owner of the adjacent shopping center could void the parking agreement.
Staff responded, yes. Vice Chairperson Acosta then inquired how the number of parking spaces
would be reduced. Mr. Provins stated that this would require expanding the building's footprint.
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
24-22: Special Exception to Allow for Off -Site Parking for a Proposed Golf Lounge. Member
Tristan made the motion to approve VARZ 24-22 as presented with the staff's two conditions and
if there is no agreement it is expired, and Member Glenn seconded the motion.
Motion failed 3-1 and 1 abstained.
Vice Chairperson Acosta expressed support for condition one but voiced concerns about
condition two regarding the use of the terms "voided" and "cancelled." Member Cook disagreed
with the staffs condition that the special exception would expire if no parking agreement was in
place.
Vice Chairperson Acosta made the motion to approve VARZ 24-21 as presented with condition
one and condition two removing "voided" and "cancelled, and Member Cook seconded the motion.
Motion passed 5-0.
ADJOURNMENT
Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:42 PM.
These minutes respectfully submitted by:
Jennifer Danley, Executive Assistant
Minutes approved as submjfted on tth da of Februa 2025.
Mark Lewis, Chairperson