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HomeMy WebLinkAbout2021-10-07 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 OCTOBER 7 2021 AT 6:00 P.M. 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 6:30 P.M. ZBA Chairperson, Mark Lewis ZBA Vice Chairperson Jerry Acosta ZBA Secretary, Teresa J. Del Valle ZBA Alternate Member, Natasha Charles ZBA Alternate Member, John H. Gehring Jr. Also, present were Deputy City Attorney Lawrence Provins, Director of Community Development John McDonald, Planning Manager Martin Griggs, Senior 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 September 2, 2021. Chairperson Lewis read into the record the items on Approval of Minutes. Secretary Del Valle made the motion to approve, Vice Chairperson Acosta seconded the motion. Motion passed 5-0. OLD BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 21-00014: Reduction in Required Landscape Buffer Between Non -Residential and. Single Family Residential. CONSIDERATION AND POSSIBLE ACTION — VARZ 21-00014: REDUCTION IN REQUIRED LANDSCAPE BUFFER BETWEEN NON-RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL A request by Lisa Dobrowski, Windrose Land Services, applicant on behalf of Terry Ward, Mission Park Pearland LP, owner; for a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow a reduced landscape buffer between a nonresidential development and adjacent property with single-family residential use in the General Business (GB) District (Section 4.2.2.4(j)(4)(a)) to wit: Legal Description: Being a subdivision of 6.918 acres (301,364 sf), situated in the H.T & B.R.R CO. survey, section 21 abstract No. 309. City of Pearland, Brazoria County, Texas. General Location: 2849 Cullen Pkwy., Pearland, TX. P lanner II Buaku and Planning Manager Griggs presented the staff report with exhibits. Planner II Buaku informed the board that the variance was reviewed at the last ZBA meeting. Planning Manager Griggs informed the board that the applicant went to speak with the neighbors and received letters of approval from them. Staff has no objections to this variance. Applicant Representative, Andrew Allemand with Windrose Land Services at 5301 Katy Freeway Suite 100, Houston Texas 77007 was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Allemand stated that they are respecting the southeast landscape buffer, but every parking space is important to them. He stated that will be following the city's new drainage rules. The Civil Engineer, Gavin Stevens with PRD Land Development Services at 2006 Plantain Lily Court, Pearland Texas 77581, was also in attendance in -person in Council Chambers to present to the ZBA Board. Mr Stevens stated they are not trying to go against the design and that they were notified nine months after their initial submittal about the need for a buffer. He said that they are also flexible with the design. Chairperson Lewis called for public input. Resident, Gary Martin Arwell at 2854 Old Chocolate Bayou Road, Pearland, Texas 77584, spoke in favor for the variance. Mr. Arwell stated that he owns a small southeast corner and that he rather this business to be in that location compared to another. He said that he is satisfied with the proposed buffer. S ecretary Del Valle asked if all original opposed citizens are now currently in favor. Planning Manager Griggs stated that that is correct Secretary Del Valle asked if the applicant thinks that the buffer is irrelevant. Planning Manager Griggs answered that they do not think that it is irrelevant but when the property to the south is developed, they will not then need a buffer. Director of Community Development McDonald stated that staff had a discussion with the developers and the economics will not work due to the drainage requirements, since detention does take up most of the property. Secretary Del Valle asked if staff would still recommend this variance without the neighbor's support. Planning Manager Griggs answered that it would not be a straightforward approval, since there is a large parcel involved. 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 21-00014: Reduction in Required Landscape Buffer Between Non Residential and Single Family Residential. Vice Chairperson Acosta made the motion to approve with conditions recommended by staff, 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 21-00015: Special Exception for the Expansion of a Nonconforming Use. CONSIDERATION AND POSSIBLE ACTION — VARZ 21-00015: SPECIAL EXCEPTION FOR THE EXPANSION OF A NONCONFORMING USE A request by Daniel Jones, Applicant; on behalf of Ed Myers, owner; to allow a special exception, as permitted by the Unified Development Code, Ordinance No 2000-T, to allow the expansion of a nonconforming single-family residential use in the General Commercial (GC) District (Section 2.7.3.7 (b)(6)), to wit: Legal Description: 10707 square feet of land, being Lot 1, Block 2 of Village Green, a subdivision in the Perry and Austin LGE A.III, Recorded in Volume 10, Page 9 of the Map records of Brazoria County Texas. General Location: 906 Boundary Ct, Friendswood, TX. P lanner II Buaku presented the staff report with exhibits. Planner II Buaku informed the board that the special exception meets the UDC special exception approval criteria number six, and that this lot predates the UDC, so it is legally non -conforming. Staff recommends approval of this variance. Applicant, Daniel Jones at 2959 Water Willow Lane, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Jones informed the board that this is the residence that his grandparents live in and that he grew up in. He stated that his family cannot currently live there comfortably, so he would like to expand the house so he can take care of his grandparents. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. N o further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action 21-00015: Special Exception for the Expansion of a Nonconforming Use. Secretary Del made the motion to approve, Member Gehring seconded the motion. Motion passed 5-0. VARZ Valle Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 21-00017: Special Expectation for Alternative Screening Fence Between a Commercial and a Residential Property. CONSIDERATION AND POSSIBLE ACTION — VARZ 21-00017 SPECIAL EXCEPTION FOR ALTERNATIVE SCREENING FENCE BETWEEN A COMMERCIAL AND A RESIDENTAL P ROPERTY A request by Meridian Group, Applicant; on behalf of Killen's Steakhouse owner; to allow a special exception/variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow the replacement of a fence between residential and commercial with alternative screening fence in the General Commercial (GC) District (Section 2 7.3.7 (b)) to wit: Legal Description: Being 2.5633 Acres (111,657 SF) of land located in the H.T&B.R.R CO Survey, A-241 Brazoria County, Texas. General Location: 6425 Broadway, Pearland, TX. P lanner II Buaku presented the staff report with exhibits. Planner II Buaku informed the board that the existing buffer predates the UDC, and that the applicant is requesting to install a chain link fence with privacy slats and ivy. Planner II Buaku stated that the buffer has deteriorated and does need to be replaced and the special exception meets the UDC criteria number nine. Staff recommends approval of this special exception with the following conditions: 1. A row a vegetative screen shall be planted, dense enough to be completely opaque year-round, which is at least four feet (4') tall at planting and at least eight feet (8 ) tall within twelve (12) months (UDC Section 4.2.4.1(2)(a)(2)). Applicant Representative, Ryan Penn and Chad Wixon at 6425 Broadway Street, Pearland, Texas 77581 with Killen's Steakhouse were in attendance in -person in Council Chambers to present to the ZBA Board Mr. Penn stated that he was the operations and planning manager at Killen's Steakhouse. He stated that previous buffer was a concrete fence that was supposed to last for 50 years and did not. Mr Penn informed the board that they want to install a buffer that will be more long term and will not be a hazard. He also mentioned installation timelines. Chairperson Lewis called for public input. Resident, Robyn Smith at 2628 Lazy Bend Street, Pearland, Texas 77581 spoke against this special exception. Ms. Smith stated that the buffer has been down the past 8 months, and she has family that plays in her backyard with only a 5-foot fence. She stated that the ivy option will not work due to her having a poison ivy problem that she has to treat. Ms. Smith stated her concerns with this special exception. S ecretary Del Valle asked staff why a solid buffer is not being built. Planning Manager Griggs answered that a solid buffer could be engineered but the contractor would need to hire an engineering professional due to the limited space. Mr. Penn stated that the city did issue a permit for this proposed project. Planning Manager Griggs clarified that the permit was applied for, the permit was issued automatically due to a glitch in the ETRAKtT system and staff reached out to the applicant within an hour of the permit being issued to let them know that was not an approved application for alternative fencing material. Secretary Del Valle asked about the height requirement for the buffer. Planning Manager Griggs answered six-foot. Mr. Penn stated that the contractor had already purchased the supplies for the approved permit. Secretary Del Valle asked if their customers are served alcohol and what time staff leaves the restaurant Mr. P enn replied that yes alcohol is served at the restaurant and staff leaves the building between 10 pm to midnight Vice Chairperson Acosta asked if the applicant has investigated other types of fencing material. Mr. Penn said no, except before they hired the contractor. Member Charles asked the applicant if they are concerned about the cost due to drainage. Mr. Penn replied that cost has nothing to with this special exception had the permit not been denied. Chairperson Lewis asked if the ZBA Board could approve with other fencing material to ensure that it is 100 percent opaque or would the applicants have to apply for that. Planning Manager Griggs stated that there are a multitude of different options for materials that would produce a high opacity fence, but the applicant only applied for this special exception for the specific proposed material. S ecretary Del Valle asked how long the previous buffer lasted. Planning Manager Griggs answered about 19-20 years and it was about 15 years before they had any issues with the fence. He informed the board that there are several different properties in Pearland that have a similar issue of not meeting the required buffer and may need an exemption on an individual basis. Secretary Del Valle asked staff that without the ivy would staff recommend a chain link fence, because the plants may take up to 12 months to grow to the screening standard. Deputy City Attorney Provins that the applicant applied for the special exception for this specific fence material to be used. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 21-00017: Special Expectation for Alternative Screening Fence Between a Commercial and a Residential Property. Member Charles made the motion to approve with staff's recommended conditions, Vice Chairperson Acosta seconded the motion. Chairperson Lewis stated that he thinks the applicant should look at different fencing material options. Secretary Del Valle said that she doesn't know what the adequacy of the proposed fence is. She is worried about the noise, light, and nuisance protection. Motion failed 0-5. DISCUSSION ITEMS N o discussion. ADJOURNMENT Meeting was adjourned at 7:18 p.m. These minutes respectfully submitted by: Shelby Lowe, Office Assistant Minutes approved as submitte this 4th:bay o vverfi'be?.W21. Mark Lewis, Chairperson