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Home My WebLink About2021-09-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR McETI J THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEAR LAND:. $ `ACAS HELD ON SEPTEMBER 2, 2021 AT 6:00 P.M. IN THE OUN jI' �_,Q: ,'AI\ BERS, CITY HALL, 3519 LIBERTY DR. "we The following Board Members were present: Mark Lewis, Chairperson Donald Glenn, Board Member Gary Shrum, Board Member John H. Gehring Jr., Alternate Nicole Tonini, Alternate The following members were absent: Teresa J. Del Valle, Secretary, Jerry Acosta, Vice -Chairperson, Christopher Tristan, Alternate and Natasha Charles, Alternate City Staff: Lawrence Provins, Deputy City Attorney; Martin Griggs, Planning Manager; Florence Buaku, Planner II; and Monica Aizpurua, Administrative Assistant I. CALL REGULAR MEETING TO ORDER Chairperson, Mark Lewis called the meeting to order at 6:01 p.m. II. APPROVAL OF MINUTES OF THE JULY 1, 2021, AND THE JULY 15, 2021, MEETINGS Board Member, Gary Shrum made a motion to approve the July 1, 2021, meeting minutes. Alternate, Nicole Tonini seconded the motion. Motion approved 5 to 0. Board Member, Gary Shrum made a motion to approve the July 15, 2021, meeting minutes. Board Member, Donald Glenn seconded the motion. Motion approved 5 to 0. III. NEW BUSINESS AZBA APPLICATION NO. VARZ 21-00013: OFFSITE PARKING FOR COMMERCIAL OFFICE PARK DEVELOPMENT 1. CALLPUBUCHEARINGTO ORDER Chairperson, Mark Lewis opened the public hearing for ZBA Application No. VARZ 21 - 00013 at 6:03 p.m. 2. PURPOSE OF THE HEARING: A request by Cody Musser, Applicant; on behalf of Gary K Fergusson, owner; to allow a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow off -site parking on an adjacent property for a commercial office park development in the General Business (GB) District (Section 2.7.3.7)(b)(3)(b)), to wit: Legal Description. A subdivision of 4.822 Acres of land, in the H.T & B.R.R CO. S urvey, Abstract 506, Being a replat of Lots A and B Block 1, FM 518 West Limited S ubdivision, recorded in document number 2008019802 of the plat records of Brazoria County, Texas General Location: 2721 Sunrise Meadow Dr., Pearland, TX 3. STAFF REPORT Mrs. Buaku presented the Staff Report with exhibits and information on the case. She informed the board that staff had received a phone call asking for more information on the request Mrs. Buaku informed the board of the history of the property. She explained that the applicant was requesting to add additional parking in the access easement. She also explained that the applicant was proposing151parking spaces, and that the city required 107 parking spaces The additional parking spaces would provide the applicant some flexibility to accommodate additional uses aside from office uses. She further explained that the proposed off -site parking spaces will be 40 spaces. Mrs. Buaku informed the board that the request met one criterion for approval of a special exception and that just one criterion would need to be met. Based on the criteria staff recommends the approval of the special exception. 4. APPLICANT PRESENTATION Gary K. Fergusson — 3800 Southwest Fwy #304 Houston, TX 77027. Property owner. He was available to answer any questions. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST N one 6. STAFF/BOARD/APPLICANT DISCUSSION Board member Gary Shrum questioned why they are requesting a special exception when they had more than the minimum required parking. Mrs. Buaku explained that the zoning designation permitted additional uses besides office use, some of which may require additional parking spaces. Deputy City Attorney Lawrence Provins explained that the site plan provided could change. Discussions were made on the parking dimensions and requirements. Staff informed the board that City staff would review the all the requirements during the permitting process. 7. ADJOURNMENT OF PUBLIC HEARING Chairperson, Mark Lewis adjourned the public hearing for ZBA Application N o. VARZ 21- 000013 at 6:19 p.m. 8. CONSIDERATION AND POSSIBLE ACTION Board member, Donald Glenn made the motion to approve the special exception as presented Alternate, John H. Gehring Jr. seconded the motion. The motion passed 5 to 0. BZBA APPLICATION NO. VARZ 21-00014: REDUCTION IN REQUIRED LANDSCAPE BUFFER BETWEEN NONRESIDENTIAL AND SINGLE FAMILY RESIDENTIAL 1. CALL PUBLIC HEARING TO ORDER Chairperson, Mark Lewis opened the public hearing for ZBA Application No. VARZ 21 — 00014 at 6:19 p.m. 2. PURPOSE OF THE HEARING: 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. 3. STAFF REPORT Mrs. Buaku presented the Staff Report with exhibits and information on the case. She informed the board that staff had received one written comment against the request, and one phone call asking for more information on the request. Mrs. Buaku informed the board of the history of the property. Mrs. Buaku explained that the property was adjacent to two residential properties that are zoned General Business -GB and classified nonconforming uses. She explained the UDC requirements for adjacency to residential use or zoning and what the applicant was proposing. She informed the board that the request did not meet many of the criteria for approval, however staff did not believe there will be any negative impact. Staff did not make any recommendations and staff did recommended conditions if the board were to approve the variance. 4. APPLICANT PRESENTATION Andrew Allemand with Windrose Land Services — 11111 Richmond Ave. Houston, TX. 77882 Explained the intent on the request. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Gary and Moni Harwell, neighbor — 2854 Old Chocolate Bayou Rd. Pearland, TX. 77584 Owners of one of the residential properties adjacent to the subject property. They would like for the developer to provide a 25' landscape buffer with a 6' masonry wall instead of the 30' landscape buffer. This would help with the noise and lighting issues that could accrue from the development. Terry Ward - PO Box 690627 Houston, TX 77269 Mission Park Pearland LP, owner. 6. STAFF/BOARD/APPLICANT DISCUSSION Board member, Gary Shrum questioned the if the applicant was aware of the neighbors' concerns and if the board would be allowed to legally authorize more than the maximum deviation of 50%. Staff explained. Chairperson, Mark Lewis questioned why the buffer could not be provided for the development Owner Terry Ward explained that moving the development north would shift the development, this would cause the detention and buildings to be smaller Board discussed the requested variance. Mr. Allemand informed the board that they would like to postpone the hearing to the request to the next meeting. 7. ADJOURNMENT OF PUBLIC HEARING Chairperson, Mark Lewis adjourned the public hearing for ZBA Application No. VARZ 21- 000014 at 7:10 p.m. 8. CONSIDERATION AND POSSIBLE ACTION Board member, Gary Shrum made the motion to postpone the variance request hearing to the October 7th, 2021, meeting date. Alternate, John H. Gehring Jr., seconded the motion. The motion passed 5 to 0. IV. OLD BUSINESS A EXTENSION REQUEST - ZBA APPLICATION NO. VARZ 21- 00008 DISCUSSION - ZBA APPLICATION NO. VARZ 21-00008 1. CALLPUBLICHEARINGTO ORDER Chairperson, Mark Lewis opened the public hearing for ZBA Application No. VARZ 21 — 00008 at 7:11 p.m. 2. PURPOSE OF THE HEARING: A request by Swapna Patel, applicant on behalf of Plate Properties, owner; for an extension of an already approved variance as permitted by the Unified Development Code, Ordinance No. 2000-T to allow reduced rear and side setbacks, and reduced parking to accommodate office use in the General Commercial (GC) District, (Section 2.2.5.2). General Location: Southeast corner of Old Alvin St. and Walnut St, Pearland, TX. 3. STAFF REPORT N one 4. APPLICANT PRESENTATION Applicant, Swapna Patel informed the board that they are in the platting process and that once the property is platted, they can move forward with the development. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST N one 6. STAFF/BOARD/APPLICANT DISCUSSION P lanning Manager, Mr. Griggs explained the need for the extension. 7. ADJOURNMENT OF PUBLIC HEARING Chairperson, Mark Lewis adjourned the public hearing for ZBA Application No. VARZ 21- 000008 at 7:13 p.m. 8. CONSIDERATION AND POSSIBLE ACTION Board member, Donald Glenn made the motion to approve the variance extension. Alternate, John H. Gehring Jr., seconded the motion. The motion passed 5 to 0. V. DISSCUSSION ITEMS None VI. ADJOURNMENT Meeting was adjourned at 7:14 p.m. These minutes respectfully submitted by: - Monica Ai purua, Administrative Assistant Minutes-epproved as submitted on this 7th day of October 2021. Mark Lewis, Chairperson Page 1 of 5