HomeMy WebLinkAbout2021-12-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND. TEXAS HELD ON DECEMBER 2, 2021 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 Regular
Meeting at 6:02 PM
ZBA Chairperson, Mark Lewis
ZBA Vice Chairperson Jerry Acosta
ZBA Secretary, Teresa Del Valle
ZBA Member, Donald Glenn
ZBA Member, Gary Shrum
ZBA Alternate Member, Rishabh Jain
Also, present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs,
S enior Planner Mohamed Bireima, Planner II Florence Buaku, Planner I Patrick Bauer and Office
Assistant Shelby Lowe.
APPROVAL OF MINUTES
Approve the ZBA Meeting minutes from November 4, 2021.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Shrum made
the motion to approve, Secretary Del Valle seconded the motion.
Motion passed 5-0.
N EW BUSINESS
Chairperson Lewis read into the record the. items on Consideration and Possible Action — VARZ
21-00018: Special Exception and Variances for a Proposed Restaurant with Drive-Thru.
CONSIDERATION AND POSSIBLE ACTION — VARZ 21-00018: SPECIAL EXCEPTION AND
VARIANCES FOR A PROPOSED RESTURANT WITH DRIVE-THRU
P ublic Hearing: A request by Mark Chiriboga, Applicant; on behalf of Todd A. Carlson, owner; to
allow a special exception and variance, as permitted by the Unified Development Code,
Ordinance No. 2000-T, to allow the development of a restaurant with drive thru on a site with
existing nonconformities (Section 2.7.3 7(a)), with deviations from Corridor Overlay District
requirements in the General Business (GB) District (Section2 4 5 1), to wit:
Legal Description Being a subdivision of 17.9147 acres of land in Section 85 of the H.T.& B.RR.
Co. survey Abstract No. 304, in the City of Pearland, Brazoria County, TX.
General Location: 9821 Broadway Street, Pearland, TX.
P lanner II Buaku presented the staff report with exhibits. Planner II Buaku informed the board that
the applicant is requesting two special exceptions and two zoning variance requests. The
requested special exceptions from the nonconformities are (1) Special exception from the 30'
landscaped buffer requirement for COD (2) Special exception from the 15% site landscaping in
the COD. The requested variance requests are (1) Variance from the landscape buffer
requirements for the COD (2) Variance from 15% site landscaping. Planner II Buaku stated that
the two special exceptions meeting criteria number four for approval of special exceptions, but
the two variance requests do not meet criteria for approval of a variance. Staff recommends
approval of the special exceptions to add new building to site with existing nonconformities but
recommends denial of the requested variances.
Applicant, Mark Chiriboga at 10300 West Office Drive, Suite 100, Houston, Texas 77042, was in
attendance in -person in Council Chambers to present to the ZBA Board. Mr. Chiriboga explained
the impact of having a Starbucks located in this area. He stated that this Starbucks would not
have indoor space for customers, that it would only have a patio area and drive-thru operations
Mr. Chiriboga shared the renderings of the site and explained the benefit that this Starbucks would
bring to Pearland.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
Member Shrum asked staff what the existing non -conformity for the property is. Planner II Buaku
answered that they do not have the 30-foot landscape buffer that is required between the parking
lot and Broadway Street, which is a requirement of a corridor overlay district Secretary Del Valle
stated that there are numerous parking spaces that will be eliminated due to this development,
and she asked if there will be sufficient parking spaces for the existing businesses. Planner II
Buaku stated that the new proposed development is being classified together with the existing
businesses, as a multi -tenant shopping center, so there will be a lower parking requirement than
a drive-thru restaurant Planning Manager Griggs clarified that there will not be a new non-
conformity created as a result of parking on the site. Secretary Del Valle asked if there is any type
of divider between the drive-thru for the proposed development and the drive-thru traffic of the
Kolache Factory. Mr Chiriboga answered that the traffic would be separate and that there is a
landscaping buffer. The Zoning Board of Adjustments and staff discussed the differences between
the variance request and the special exceptions being requested Member Shrum asked about
the rights that the existing businesses located near -by. Planning Manager Griggs stated that this
development will be in -fill development that the landowner is looking to bring in to bring more
business to this shopping center. Vice Chairperson Acosta asked the applicant if they are
reducing the width of the drive on the side street. Mr. Chiriboga answered yes.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
21-00018: Special Exception and Variances fora Proposed Restaurant with Drive-Thru. Secretary
Del Valle made the motion to approve the special exception, Member Shrum seconded the
motion.
Motion passed 5-0.
Secretary Del Valle made the motion to approve the requested variances, Member Shrum
seconded the motion.
Motion denied 2-3.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
21-00019: Side Setback Variance for Development in the Light Industrial (M-1) Zoning District.
CONSIDERATION AND POSSIBLE ACTION — VARZ 21-00019 SIDE SETBACK VARIANCE
FOR DEVELOPMENT IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT
P ublic Hearing: A request by Cool the Air LLC, applicant and owner, to allow a variance as
permitted by the Unified Development Code, Ordinance No. 2000-T, to allow reduced side
setbacks for a proposed office warehouse in the Light Industrial (M-1) District (Section 2.4.4.7),
to wit:
Legal Description: 0.8513 acres (37 082 SF) of land, being Lot B of Magnolia Business Park,
recorded in Volume 18, Pages 39-40 B.C.P.R in the A.C.H & B Survey Abstract 147, Brazoria
County, Texas.
General Location: North and West of 3426 Main Street, Pearland, TX.
P lanner II Buaku presented the staff report with exhibits. Planner II Buaku informed the board that
this variance was postponed from the previous ZBA Meeting, and the applicant did submit a fully
developed site plan for staff review. Planner II Buaku stated that this variance meets the criteria
for approval. Staff recommends approval.
Applicant, Juan Cuevas with Cool the Air LLC at 120 Canal Drive, Fnendswood, Texas 77546,
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.
S ecretary Del Valle asked about parking spaces and the loading area being in the setback area.
P lanner II Buaku stated that was the setback for the building and the parking lot is allowed to be
in the setback area and discussed the purpose of the setback.
N o further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
21-00019: Side Setback Variance for Development in the Light Industrial (M-1) Zoning District.
Member Shrum made the motion to approve, Member Glenn seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
21-00020: Exception to Reconstruct a Single -Family Dwelling on a Property with Existing Non -
Conformities.
CONSIDERATION AND POSSIBLE ACTION — VARZ21-00020: EXCEPTION TO
RECONSTRUCT A SINGLE-FAMILY DWELLING ON A PROPERTY WITH EXISTING NON -
CONFORMITIES
Public Hearing: A request by Julio C. Iturriaga, applicant, and owner, to allow a special exception
as permitted by the Unified Development Code, Ordinance No 2000-T, to allow for the
reconstruction of a new single-family dwelling on a property with existing non -conformities, to wit:
Legal Description: 3.0000-acre tract of land being the east one half of the west 6.00 acres out
of the east 20.00 acres of Lot Sixty -One, of the Zychlinsky Subdivision of Section Four of the
H.T.&B. R.R. Company Survey, Abstract 543, Brazoria County, Texas.
General Location: 4802 Scott Lane, Pearland, TX, 77581.
P lanner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that
this special exception meets criteria number four for approval. Staff recommends approval.
Owner and Applicant, Julio Iturriaga at 4802 Scott Lane, Pearland Texas 77581, 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 clarified that the ZBA Board is only voting on the development of a single-family
home. Mr. Iturriaga explained the existing site and the proposed new single-family dwelling.
S ecretary Del Valle asked the applicant if they will be taking down the unused existing structures
after the primary residence is built. Mr. Iturriaga answered that he plans on taking down the
unnecessary structures.
N o further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
21-00020: Exception to Reconstruct a Single -Family Dwelling on a Property with Existing Non -
Conformities. Member Glenn made the motion to approve, Member Shrum seconded the motion.
Motion passed 5-0.
DISCUSSION ITEMS
N o discussion.
ADJOURNMENT
Meeting was adjourned at 7:09 PM
These minutes respectfully submitted by:
1045A thAA-
Shelb owe, Office Assistant
Minutes approved ass t teft on thj022.
Mark Lewis, Chairperson